HomeMy WebLinkAboutReso 2016-2562 RESOLUTION NO. 2016-256q,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING A CODE
ENFORCEMENT LIEN AMNESTY PROGRAM; AUTHORIZING
THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS
RESOLUTION; AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO PUBLISH NOTICE OF THE CITY'S CODE
ENFORCEMENT AMNESTY PROGRAM IN THE CITY'S
WEBSITE, NEWSPAPER, AND OTHER PUBLISHING
MEDIUMS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") Code Enforcement Department is
charged with administering and enforcing code violation cases for property located in the City;
and
WHEREAS, as part of the City's code enforcement process, the City's Code
Enforcement Department brings cases before the Special Master who imposes liens if compliance
isn't obtained; and
WHEREAS, the City has numerous outstanding code enforcement liens that are a result
of code enforcement actions before the Special Master; and
WHEREAS, the City has the authority to execute a satisfaction or release of such code
enforcement liens, provided compliance is obtained and fines are paid; and
WHEREAS, the City Commission desires to grant authority to the City Manager and the
City Attorney to reduce such code enforcement liens during this limited code enforcement lien
amnesty program.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authorization of Code Enforcement Lien Amnesty Program. The City Manager
and City Attorney are hereby authorized to conduct a Code Enforcement Amnesty Program
beginning on October 1, 2016, and ending on January 1, 2017.
Section 2. Guidelines for Code Enforcement Lien Amnesty Program. In order to qualify or
participate in the City's Code Enforcement Amnesty Program the following conditions must be
met:
a. Owners of properties that have been liened by the City as a result of Code
Enforcement violations may administratively settle their debt on each Code
Enforcement case subject to guidelines established by the City Manager and City
Attorney which includes, but is not limited to, i) contacting the City's Code
Enforcement Department and requesting participation in the City's Code
Code Enforcement Amnesty Program l of 3
Enforcement Lien Amnesty Program between October 1, 2016, and January 1,
2017, and ii) having their property inspected by the City and confirmed to be in
compliance with the City's Code of Ordinances.
b. Owners of such properties must also pay fifteen percent (15%) of the total amount
owed as a result of each code enforcement violation within Thirty (30) days from
the date of notification of the approved lien reduction amount.
c. Failure to obtain correction of the underlying code enforcement violation and pay
the approved lien reduction amount within Thirty (30) days from the date of
notification of the approved lien reduction amount shall deem the lien reduction
approval null and void. Any release of lien shall not be executed if correction and
payment is not made within this Thirty (30) day period.
d. The City Manager and the City Attorney shall be authorized to administratively
approve, compromise, or settle any code enforcement lien for less than the fifteen
percent (15%) settlement amount if warranted by special facts and circumstances
of a particular code enforcement case.
e. Upon verification of compliance and payment in full to the City of the reduced
lien amount within Thirty (30) days from the date of notification of the approved
lien reduction amount, the City Manager or his designee will provide an
administrative release of lien with regards to each code enforcement case. The
City Attorney shall review and approve as to form and legal sufficiency all
documents prepared in connection therewith.
Section 3. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are authorized to do all things necessary to effectuate the terms of this Resolution.
Section 4. Publication of Notice. The City Manager and City Clerk are authorized to publish
notice of the City's Code Enforcement Amnesty Program in the City's website, newspaper, and
other publishing mediums prior to and during the duration of the program.
Section 5. Effective Date. This Resolution shall become effective u.on adoption.
PASSED AND ADOPTED this 16th day of June 2014
Geor.- H. Scholl, Mayor
}
ATTEST: • ,
Jane . i es; MMC,City-Clerk
Code Enforcement Amnesty Pro'gram' _ `2 of 3
APPROV D AS TO FORM
AN! . � i �i FFICIENCY:
s •ttinot, City Attorney
•
Moved by: L-0
Seconded by: Vc..e
yr Td
Vote: rj-()
Mayor Scholl ✓(Yes) (No)
Vice Mayor Gatto V(Yes) (No)
Commissioner Aelion ✓(Yes) (No)
Commissioner Goldman V (Yes) (No)
Commissioner Levin V(Yes) (No)
Code Enforcement Amnesty Program 3 of 3
S " .- FS City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305)947-0606 City Hall
c,.
"9, 5,0: "` (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Dana Goldman, Commissioner
DATE: 6/16/2016
RE: Resolution approving Code Enforcement Lien Amnesty
Program
RECOM M ENDAT ION:
It is recommended that the City Commission approve the proposed
Code Enforcement Lien Amnesty Program.
REASONS:
Based on my conversations with residents over the years, I became
informed that many residents may not be aware of all the rules and
regulations of the City. Due to this lack of knowledge, some residents
may have engaged in conduct by mistake that may be in violation of the
City Code. For example, a resident may not be aware that replacing a
faucet requires a permit from the City. The lack of knowledge leads to
the imposition of code enforcement liens against the property of
residents.
Since Code Enforcement is a remedial tool, instead of a punitive tool,
am asking the City Commission to approve a temporary Code
Enforcement Lien Amnesty Program, which has been utilized by a
number of municipalities in Miami-Dade County. Under the proposed
Lien Amnesty Program, residents or any violator can seek a reduction
of the outstanding lien amount to 15% of the total amount of the lien,
provided that compliance with the City Code is achieved. At this time,
the majority of code enforcement liens are settled at 25% of the total
amount of the Lien.
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Presently, the City has approximately ninety one (91) outstanding code
enforcement liens that were imposed at previous Special Master
Hearings. The City has the authority to foreclose on the liens or release
the code enforcement liens depending on whether compliance is
obtained and fines are paid. By instituting a Code Enforcement Lien
Amnesty Program, the City can more easily obtain settlement of the
currently outstanding code enforcement liens. I am requesting that the
City Manager and City Clerk be authorized to publish notice of the City's
Code Enforcement Amnesty Program in the City's website, newspaper,
and other publishing mediums prior to and during the duration of the
program.
ATTACHMENTS:
Description
Resolution
Item Number: 10.C.
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