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Ordinance 2009-328
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Ordinance 2009-328
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Last modified
8/21/2013 10:39:40 AM
Creation date
7/8/2009 4:31:31 PM
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CityClerk-Ordinances
Ordinance Number
2009-328
Date (mm/dd/yyyy)
06/18/2009
Description
Provide that Code Enforcement Liens Shall have Priority Equal to Taxes and Superiority to All Other Liens and Encumbrances
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<br />ORDINANCE NO. 2009- ~ '2<;l <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER <br />14 OF THE CITY OF SUNNY ISLES BEACH CODE OF <br />ORDINANCES TO PROVIDE THAT CODE ENFORCEMENT <br />LIENS SHALL HAVE PRIORITY EQUAL TO TAXES AND <br />SUPERIORITY TO ALL OTHER LIENS AND <br />ENCUMBRANCES; PROVIDING FOR SEVERABILITY; <br />PROVIDING FOR INCLUSION IN THE CODE; PROVIDING <br />FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, Chapter 14 of the City of Sunny Isles Beach Code of Ordinances (the "City <br />Code") authorizes code enforcement Special Masters to hear and decide cases in which code <br />enforcement violations are alleged; and <br /> <br />WHEREAS, in accordance with Chapter 162, Florida Statutes, upon an Order being <br />entered by the Special Master imposing a fine, the Order may be recorded in the public records of <br />Miami-Dade County and constitute a lien against the property upon which the code enforcement <br />violation was found to exist, and upon any other real or personal property owned by the violator; <br />and <br /> <br />WHEREAS, it has been determined that it is necessary to amend Section 14-13 of the <br />City Code in order to establish the priority of the City's lien to protect the City's lien interest and <br />to ensure further compliance with the City Code. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br />and confirmed as being true and correct and are hereby made a specific part by this Ordinance <br />upon adoption hereof. <br /> <br />Section 2. Amendment. Section 14-13 of the City of Sunny Isles Beach Code of Ordinances <br />is amended to read as follows: <br /> <br />~ 14-13. Recovery of unpaid civil penalties; unpaid penalties to constitute a lien; <br />foreclosure. <br /> <br />D. Superiority of Lien. Effective July L 2009. City Code Enforcement Liens shall <br />remain liens. coequal with the liens of all state. county. district. and municipal taxes. superior in <br />dignity to all other liens. titles. encumbrances and claims until paid. The priority of the code <br /> <br />Page 1 of3 <br />
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