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Home My WebLink AboutO-2001-014 ® ORDINANCE NO. 2001-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 8 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "BUILDINGS", ARTICLE II, ENTITLED "PROPERTY STANDARDS", BY CREATING SECTION 8-24 TO BE ENTITLED "LIENS AND FORECLOSURE"; AUTHORIZING THE CITY TO RECORD A NOTICE OF LIEN AND TO FORECLOSE ON AN UNSAFE STRUCTURE LIEN PLACED ON PROPERTY FOR VIOLATIONS OF CHAPTER 8 OF THE CITY CODE; ESTABLISHING PRIORITY FOR DEMOLITION LIENS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 8 entitled "Buildings", Article II, entitled "Property Standards," of the Code of Ordinances of the City of Dania Beach is amended by creating section 8-24 entitled "Liens and Foreclosure" to read as follows: Sec. 8-24. Liens and Foreclosure. (a) All costs incurred by the City pursuant to sections 202.5 through 202.10 of the South Florida Building Code (1999 Broward County edition, as amended from time to time) shall be paid by the owner or occupant of the premises or by the person who caused or maintained the violation. Until paid, these costs shall constitute a lien upon the subject property. (b) The City Manager or Building Official may cause a Notice of Lien to be recorded as other liens are recorded for the costs and charges incurred by the City. (c) Any such lien, upon recording, shall be constructive notice of such lien, and the City Manager may authorize the City Attorney or designee to foreclose the lien in the manner provided by law for the foreclosure of municipal tax or special assessment liens or alternatively, as provided by law for the foreclosure of mortgages or in any other manner as provided by law. In any action brought by the city for payment G:\ORDINANCES 2000-2001\0RDINANCE CREATING SECTION 8-24 TNSAFE STRUCTURES BUILDINGS.DDC 02,03/98 ORDINANCE NO. 2001-014 of the liens assessed as provided in this section, the property owner shall be responsible for the lien and all costs of the foreclosure, including reasonable attorney fees, incurred by the city. (d) Any lien imposed for demolition shall be a lien prior in dignity to all liens, excepting county tax liens and liens of equal dignity with county tax liens. Section 2. That except as amended above, all other provisions of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 4. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on April 10, 2001. PASSED AND ADOPTED on second reading on April 24, 2001. ® APPROVED: MAYOR-COMMISSIONE ATTEST: ROLL CALL: COMMISSIONER BERTINO -YES COMMISSIONER MCELYEA -YES COMMISSIONER MIKES-YES SHERYL CHAPMAN VICE-MAYOR CHUNN -YES ACTING CITY CLERK MAYOR FLURY-YES APPROVED AS TO FORM AND CORRECTNESS: /� .) go, THOMAS J. ANSB`RO CITY ATTORNEY G:\ORDINANCES 2000-200 1\ORDINANCE CREATING SECTION 8-24 2NSAFE STRUCTURES BUILDINGS.DOC 02/03/98 ORDINANCE NO. 2001-014 t, • CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commissioners Jason Nunemaker, Acting City Manager cc: Larry Leeds, Growth Management Director Ken Koch, Building Official FROM: Tom Ansbro, City Attorney DATE: April 5, 2001 RE: Proposed Ordinance Amending Chapter 8 Entitled "Buildings" by Creating Section 8- 24 Entitled "Liens and Foreclosure"; Unsafe Building Demolition and Property Security Liens ® Attached is a Ordinance amending Chapter 8 entitled "Buildings" which proposed g P g would create section 8-24, to be entitled "Liens and Foreclosure". The proposed ordinance would provide the City with specific authorization under a City law to record unsafe structure liens and foreclose on the liens. The ordinance also would establish priority for demolition liens. The City has previously demolished a number of unsafe structures and the proposed ordinance will authorize the City to proceed to foreclose on such demolition liens. Commission review and adoption of the amending ordinance are requested. TJA:slw Attachment =1 i SUN- SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORI Aj� a BOCA RATON, PALM BEACH COUNTY, FLORID BE& CITY COMMssIOi"CITY OF DANI�i�BE MIAMI, MIAMI DADE COUNTY FLORIDA FLORIDA REGARDING't,1,3M5 n f�ti •l+ ADOP,TION OF-THE FOLLOWING`PROPOSED ORDI` NANCES ! n NOTICE IS HEREBY GIV N that the Cry mmIss 266, STATE OF FLORIDA the-City-of Dania Beach,-TIonda,"on Aprii;24' 2001 'at 7 30 p nl'oe as soon the'reafteras tgghe matter mad a COUNTY OF BRqWARDIP M BEACH/MIAMI DADS mession,'glom of the Danbisi Beach City Halh'CIt W st� BEFORE 7T� JND I D AUTHORITY, PERSONALLY APPEARED l tder the proposed adopiionnof the following Ordinano-es entitled p WHO, ON OATH, SAYS THAT AN'ORDINgNCE OF'.THE CITYOF'DANIFLORID *BEACH HE/10WARD/PALM A ULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED OF-THEA'PERTAINING'OR CHAPTER 17 nC*H�F� OF THE CITY CODE OF:ORDINANCES WVHICH CHAP= DERMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED TER;IS.`EN INGX OFFENSES ?=MISCELLANTITLEdI BY'A'MENDING:GODE-SECTION�:97 126+:ENTITLED IN BEACH/MIAMI DADE COUNTY, FLORIDA,THAT THE ABATEMENT.BOARD LT,O INCREASE THE MAXIMUM,' A ACHED COPY OF ADVERTISEMENT, BEING A: THEINUISANCE,IABA EMENT BOARDyFMOPR P�16GC''. NUISANCES,°,PNOVID(NGfFOR ADMINISTRATIVE AC' T(ON'BASEp ON,'A NUISANCE'RELATED TO STOLEN. Notice PROPERTYp P.ROVIDING,EOR,,AMENDMENTS TO„THE NUISANCE ABATEMENTS%CORDINANCE:tTO!BRING:fIT. INTOMONFORMITYrtWITH RECEN ,�p,MENDMENT,,S'TO THE APPLICABL'E'QSTATE%LIAW RROVIDING uFOR IN THE MATTER OF: CONFLICTS-t'PROVIDING, FOR SEVERANCE FUR=THER PROVIDING FOR AN EFFECTIVE.DATf P r A ;OR CE OF�Y E CITYa FI chapter 17 FIORID'ATERTAINiNG.T,O, AMP%11GN £N EAC FINANCING§LIMITING T042W0:00!CAMP IGN CON=.TRIBUTION§4ANDUEXPENDITURES;GIVEN4BY'I'ND IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE DATEs-FORNTIiE OFFICESr�OFMCI YrCOMMISSION�= ,ISSUES OF: FORGONE ICTS FJ�OR„EERV RA Y U N�iItPRH AN EFn - FECTiVE DATE s k C r 4/13 r 1X FLfORIDAN RTAINING TO CHAPTERDpT' BrC OF THE''dlTY�CODE OFibRDINANCES;� TERIilSryENTITLED 'BUILDINGS rAt'ARTICIIE'i1 1ENAT1� AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPA TLED PROPERTYSTANDARDS''»BYCREAT N'Gpsec; PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLO SURE�`AUTH10RI0NGarHE TY}To�AREco��+ACN°o= AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUO SiRUCTtFRENGIENDlTOiFO EC ROTPyERTY 9UNSAFg PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLO �ISHIING�PRIORITYT'FOR DEMOLITI0 &�' EIS Pao Y EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT T VIDING tFOR*CONFLICTS'• lFpfKVVIDIt�G F R SrEVER`- ANCE;FU THER; PROVIDING F RAN FFEQTIVE POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLO ,DA E: r'. a , _• •..- , FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATIO AIv ORDINANCE oF3THE ITY Ff.�ANr BEACH ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS T OFOTEM0oaARY!,S�GNs AMEN IINGEOH PTER 28 HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON,FIRM, OR THE CIOTY OF DANIAFBEA HOFLOR A'-'T0 ESTABLISH CORPORATION,ANY DISCOUNT, REBATE,COMMISSION,OR REFUND, F NGA+TEMPORARY�FiPOL TICAb 8 GNS OFS�IGHTIJD. PURPOSE OF SECURING THIS DVERTISEMENT FOR PUBLICATION IN SQUARE1FEET-WROVIDINGvv�,ORG Oh ICTS+P.RO= VIDINO FOR SEVERANCE NFU T, ER3�PROVIDING NEWSPAPE FO„ rAN EFFECT VE�DAT ( '4,y,%�' y 1,o �o,tese propose Drdlnan es�re oils. t e ppyy �{ dmin7strat v e$Ices:IDepartment: city all ApO . gstDa la Beach,Bouleyard;!rD$nia8each'flo("ides (SIG TU F AFFIA T) "dk n o d ins ted tthe£pt„oiiid duriit` ormal restedAPrtteswnayap an {4 ee oresal mee"t(n pe � d x SWORN TO AND SUBSCRIBED BEFORE ME efnid;beheartl3v�ith respectatoithe plop"oseduArly'petrson OW&ldes td appeal,anyy�declsfo pose a by the.Gity ON: A.D. missio with;res ect,to'any matter considered.at It_h'ls",-'te aring1will:needPareco'rd of the:proceed(ngs'and 13-Ap,Xil, tor'i1U n- ur o�o:jia 2 B B 1 `ti�ed'.tpn�i�Pe9that, verbatim recor ,�s the+ roceedin st7s made which boblit l eludes A test�moriy an�evidencerupo ich t o p pealsis to based; 1�24 Intaccojdan a with the Americanjwith Isabi Ities"tActri (SI NA URE OF NOTARY PUBLIC) Pe onsI 6'dinp assistanbe to actici ate In atsttte . p'.t pproceedin eshould contact Sh 1 Ch Bezak CIty�ClerkgtfOOWesDania�=BeachBou�levafnDanla , *: MY COMMISSION N Peach Fl a It Oti4,101 )'924=3 2�t feast3l ts0?s :o CC638935 EXPIRES tig I Isi3Ofiarlene Johnson MC"` o l o July 20,2001 ` EONDED THRU TROY FAIN INSURANCE,INC. Deputtyy City Clerk;' (NAME OF NOTARY,TYPED, PRINTED, O STAMPED) PERSONALLY KNOWN OR PRODUCED IDENTIFICATION