O-635-02 ORDINANCE NO. 635-02
AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA,
AMENDING SECTION 2-81 OF THE MIAMI SHORES VILLAGE
CODE BY ADDING SECTION 2-81(f), PROVIDING FOR SPECIAL
PROCEDURES GOVERNING THE COMPROMISE AND RELEASE
OF VILLAGE CODE ENFORCEMENT LIENS RELATING TO REAL
ESTATE WITHIN THE VILLAGE OWNED BY THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, PROVIDING FOR CONFLICTS, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, in accordance with the provisions of Miami Shores Village Code Sections 2-76 et
seq., and Florida Statutes Chapter 162, the Village, from time to time, records code enforcement liens
against real property located within the Village under circumstances where title to such property is later
acquired by the United States Department of Housing and Urban Development(HUD);
WHEREAS, the ability of the Village to lawfully foreclose such code enforcement liens against
such an agency of the Federal government has been called into question by recent Federal case law
including United States vs. City of St. Paul, 258 F.3d 750(8'''Cir. 2001), cert. denied, No. 01-791, 2002
WL 332068 (March 4, 2002), and local representatives of HUD have advised the Village that it is HUD's
position that such liens cannot lawfully be enforced against HUD;
WHEREAS, the existing provisions of Section 2-81(d) of the Village Code prohibit the
compromise, modification, satisfaction or release of unpaid code enforcement liens except under
circumstances, inter alfa, where all code violations on the subject property have been first cured;
WHEREAS, local representatives of HUD have advised the Village that for budgetary and other
reasons, HUD, as a matter of policy, markets those properties for sale in "as is" condition and does not
endeavor to cure any code violations other than those which represent serious health or safety threats or
those necessary to maintain the integrity of the property;
WHEREAS, local representatives of HUD have also advised the Village that the Village Code
requirements for the compromise and release of code enforcement liens, and HUD's inability to effectuate
the repairs necessary to cure all outstanding violations, have resulted in the loss of potential sales of such
properties by HUD and the consequent delay of the eventual remediation and cure of such code violations
upon said properties; and
WHEREAS, the Village Council finds and concludes that it is in the best interest of the Village and
its residents for the Village to provide reasonable assistance to HUD by minimizing the extent to which
Village code enforcement liens create obstacles to the marketing of HUD's properties in the Village and
facilitating a more speedy transfer of title to such properties in favor of purchasers who will in turn correct
all code violations and become proud homeowners within the Village;
NOW, THEREFORE, BE IT ORDAINED by the Village Council of Miami Shores Village,
Florida, that:
Section 1. The Miami Shores Village, Florida Code of Ordinances is hereby
amended by adding a new section 2-81(f), which shall read, in its entirety, as follows:
Notwithstanding anything to the contrary contained in this Chapter,
Village code enforcement liens recorded against property over which title
is obtained by the United States Department of Housing and Urban
Development may be compromised and released by the Village Manager,
upon such terms as he or she deems appropriate, for the purpose of
facilitating a sale of such property by the Department of Housing and
Urban Development to a third party purchaser, provided that, as a
condition precedent to such release, a) the sale closes; and b) said third
party purchaser enters into an agreement in a form satisfactory to the
Village Manager and Village Attorney, obligating the third party
purchaser to cure all existing code violations present upon the subject
property within a reasonable period of time subsequent to such purchaser
obtaining title to such property (such time period not to exceed 90 days).
Section 2. All ordinances or parts of ordinances in conflict herewith or
inconsistent herewith are hereby repealed, but only insofar as such ordinances may be
inconsistent or in conflict with this Ordinance.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING, this 3rdday of Sept,,-,,1002.
PASSED AND ADOPTED ON SECOND READI , thi stay of� -, 2002.
ATTEST: A AVIS, MAYOR
5
BARBARA A. FUGA ZI, C
Village Clerk
APPROVED AS TO FORM:
RICHARD SARAFAN
Village Attorney
H:\MSV\MSV-GEN\PLEADING\ordinance