R-0871-90 RESOLUTION NO. 871-90
A RESOLUTION OF MIAMI SHORES VILLAGE REQUESTING
SUPPORT OF DADE LEAGUE OF CITIES FOR ENDORSEMENT
BY FLORIDA LEAGUE OF CITIES AS PART OF ITS LEGIS-
LATIVE PACKAGE, OF A POLICY WHEREBY CODE
ENFORCEMENT LIENS AS SET FORTH IN SECTION 162.09,
FLORIDA STATUTES, MAY SHARE EQUAL STATUTORY PRI-
ORITY WITH WATER, SEWER, GARBAGE AND WASTE
COLLECTION LIENS.
WHEREAS, municipal government is empowered to create and
enforce liens for the protection of the health, safety and
welfare of the general public in order to preserve its local
environs; and
WHEREAS, municipalities have the power to lien property
served by their respective water and sewer systems when ser-
vice charges are unpaid and to subsequently foreclose with
priority over any lien, pursuant to Sections 159. 17 and
153.67 of the Florida Statutes; and
WHEREAS, municipalities have the power to create and
enforce liens for delinquent garbage and waste collection
fees, which are considered special assessment liens and have
priority over all other liens pursuant to Section 170.09 of
the Florida Statutes; and
WHEREAS, a municipal code enforcement board has the power
to authorize foreclosure on a lien by the municipal attorney
under certain circumstances as set forth therein in connection
with outstanding violations of municipal codes or ordinances,
pursuant to Section 162.09 of the Florida Statutes; and
WHEREAS, municipal code enforcement liens should share
equal statutory priority with water, sewer, garbage and waste
collection. liens, thereby providing a meaningful and effective
mechanism for obtaining maximum results in the preservation of
local community standards; and
WHEREAS, it has been determined that giving equal sta-
tutory priority to code enforcement liens would be cost
efficient, would have no negative impact, and would preserve
taxpayers enforcement dollars in keeping with public policy to
support the preservation of any and all ad valorem taxing
powers and to protect public funds from dissipation and dilu-
tion;
NOW, THEREFORE BE IT RESOLVED BY THE MIAMI SHORES VILLAGE
COUNCIL":
1. That the Village of Miami Shores hereby requests
the support of the Dade League of Cities for the endorsement by
the Florida League of Cities as part of its legislative pack-
age, of a policy whereby code enforcement liens, as set forth
in Section 162.09 of the Florida Statutes, may share equal
statutory priority with water, sewer, garbage and waste col-
lection liens.
2. That the Village Manager is hereby directed to
forward this resolution to the Dade League of Cities, the
. Florida League of Cities and the municipalities of Dade County,
Florida.
3. That this resolution shall become effective upon the
date of its adoption herein.
PASSED AND ADOPTED THIS SIXTH DAY OF NOVEMBER, 1990.
MIAMI SH VI
By:
HENRY COURTN ,
MAY
ATTEST: GAIL MACDONALD, VILLAGE MANAGER
By
SCOTT W. DAVIS, Deputy Village Clerk
APPROVED AS TO FORM:
By.
WILLIAM F. F JR. Vill Attorney