O-597-97 ORDINANCE NO. 597-97
AN ORDINANCE AMENDING SECTION 2-81 OF THE CODE
OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA;
DELEGATING TO THE CODE ENFORCEMENT BOARD THE
POWER TO REDUCE AND SATISFY CODE ENFORCEMENT
LIENS; ELIMINATING THE CAP ON CODE ENFORCEMENT
LIENS; PROVIDING FOR FINES INVOLVING REPEAT
VIOLATIONS; PROVIDING FOR AN EFFECTIVE DATE.
IT IS ORDERED BY THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA:
SECTION 1. That Section 2-81 of the Code of Ordinances, Miami Shores
Village, Florida, presently reads as follows:
"Section 2-81. Imposition of fines and liens.
(a) Fines. The enforcement board, upon notification by the code inspector that
a previous order of the board has not been complied with by the set time, may order
the violator to pay a fine not to exceed two hundred fifty dollars ($250.00) for each
day the violation continues past the date set for compliance. The enforcement board
may also impose reasonable administrative costs in addition to the fine provided for
in this section. A certified copy of an order imposing a fine may be recorded in the
public records and thereafter shall constitute a lien against the land on which the
violation exists, or, if the violator does not own the land, upon any other real or
personal property owned by the violator and may be enforced in the same manner
as court judgment by the sheriffs of this state, including levy against the personal
property, but shall not be deemed otherwise to be judgment of a court except for
enforcement purposes. The village may also recover reasonable attorney's fees
and court costs in connection with such enforcement actions. After six (6) months
from the filing of any such lien which remains unpaid, the board may authorize the
village attorney to foreclose on the lien.
(b) Duration of lien. The lien provided by this article shall continue in perpetuity
unless otherwise limited by the laws of the State of Florida."
SECTION 2. That Section 2-81 of the Code of Ordinances, Miami Shores
Village, Florida, shall stand amended to read as follows:
"Section 2-81. Imposition of fines and liens.
(a) Fines. The enforcement board, upon notification by the code inspector that
a previous order of the board has not been complied with by the set time, may order
the violator to pay a fine not to exceed two hundred fifty dollars ($250.00) for each
day the violation continues past the date set for compliance, except in the event of
a repeat violation, in which event the board may order the violator to pay a fine not
to exceed five hundred dollars ($500.00)for each day the repeat violation continues
past the date set for compliance. The enforcement board may also impose
reasonable administrative costs in addition to the fine provided for in this section.
(b) Liens. A certified copy of an order of the enforcement board imposing a fine
may be recorded in the public records and, thereafter, such order shall constitute
a lien in favor of the village, in the amount owed and accruing as set forth therein,
against the real property on which the violation exists, or, if the violator does not
own such property, upon any other real or personal property owned by the violator,
and such lien may be enforced in the same manner as a court judgment by the
sheriffs of this state, including levy against the personal property, but such order
shall not be deemed otherwise to be a judgment of court except for enforcement
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purposes. The village may also recover reasonable attorney's fees and court costs
in connection with such enforcement actions. After six (6) months from the filing of
any such lien which remains unpaid, the board may authorize the village attorney
to foreclose on the lien, subject to the approval of the village council. Until satisfied,
the lien provided by this article shall continue in perpetuity, unless otherwise limited
by the laws of the State of Florida.
(c) Modification, reduction and satisfaction of liens. Subject to the following
guidelines and limitations, the Code Enforcement Board shall have the power to
modify, reduce and satisfy of record code enforcement liens arising under this
Section:
(1) A code enforcement lien may only be modified and reduced if(i)the violation
which gave rise to the lien has been corrected and has not recurred, and (ii)
no other code violations concerning the property which was the subject of the
violation exist;
(2) A code enforcement lien may only be modified and reduced when unusual
and exceptional circumstances exist that would make it inequitable to
enforce such lien to the full extent of its accrual;
(3) In determining whether unusual and exceptional circumstances exist and,
further, in determining whether and to what extent enforcement of a code
enforcement lien would be inequitable, the Code Enforcement Board shall
seek the advice of the village attorney.
SECTION 2. All Ordinances or part of Ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 3. This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED on FIRST READING this 7th day of January , 1997.
PASSED and ADOPTED, SECOND READING this 4t day of February , 19970
Luis S. Imbuiigia, Jr., May r
ATTEST:
Barbara A. Fugazzi
Village Clerk
APPROVED AS TO FORM:
Mark S. Ulmer, Esq.
Village Attorney
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