R-1157-08 RESOLUTION NO. 1157-08
A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL
RECOMMENDING FULL CONSIDERATION BY THE CODE
ENFORCEMENT BOARD OF ALL APPLICABLE FACTORS IN
CONNECTION WITH REQUESTS FOR RELIEF
WHEREAS, the Miami Shores Village Code Enforcement Board, in accordance with the existing
provisions of Article IV of Chapter 2 of the Village Code serves a valuable and important function in Miami
Shores Village, for which the Village Council expresses its appreciation;
WHEREAS, in accordance with Section 2-81(d) of the Village Code, the Code Enforcement Board may
modify, reduce and satisfy previously imposed fines and liens subject to certain guidelines and limitations set
forth therein,in a procedure generally referred to as a"Request for Relief'; and
WHEREAS,relatively recent developments in the real estate and financial markets have impacted many
residential homeowners in Miami Shores Village and are reasonably likely to have a substantial impact going
forward on the number and nature of Requests for Relief heard by the Code Enforcement Board;
NOW THEREFORE,be it resolved by the Miami Shores Village Council as follows:
Section 1. The Miami Shores Village Council expresses its support and appreciation for the
difficult work being performed by the members of the Code Enforcement Board.
Section 2. In light of recent developments in the real estate and financial markets, and their
impacts upon the residential properties in Miami Shores Village, the Village Council hereby recommends to the
members of the Code Enforcement Board,that in adjudicating requests for relief involving residential properties
where the Village's Code Enforcement Lien(s) may stand as an impediment to converting a vacant or lender
owned property into a homeowner's principal residence, due consideration be given to the various intangible
benefits to the Village community to be derived from the occupancy of the premises by a new resident
homeowner, among all of the various other factors to be considered by the Board; and that the Board not focus
exclusively on the objective of maximizing the recovery of fines owed and secured by the Village's lien, but
rather balance all of the applicable factors in accordance with their best judgment.
PASSED THIS 2°a day of December,2008.
ATTEST: Herta Holly,Mayor
Barbara A. Estep,MMC Village Clerk
A roved as to Form:
Richard Sarafan,Village Attornly