Municipal Code - City of Miami

 

ARTICLE X.  CODE ENFORCEMENT

 

<snip>

 

Sec. 2-817.  Administrative costs, fines; liens.

 

<snip>

 

(d)   An enforcement board or special master may reduce a fine once a violator has complied with the order, and for good cause shown. The board or special master however, hereby authorizes the city to mitigate fines with violators, provided that the total amount of the daily fine imposed by the enforcement board or special master may only be reduced to the percentage stated in the schedule below:

 

TABLE INSET:

 

Number of Days Fine
Outstanding

Total Fine Mitigation
(percent)   

1--30   

25   

31--60   

30   

61--90   

35   

91--120   

40   

121--150   

50   

151--180   

60   

181--210   

70   

211--240   

80   

241--270   

90   

271 and up   

100   

 

Any reduction below the percentages set forth above must be brought before the board or special master for its approval. If subject fine is reduced and violator fails to pay said reduced fine within a period of 20 days from the day the offer to settle is made, then the original fine shall be reinstated. In addition to daily fines, violators shall pay cost(s) of prosecution, if any, which have been incurred by the city with respect to such violation.

 

<snip>

 

(h)  (1)   Notwithstanding any other provision contained in the Code, the city manager may authorize a subordinate lien position on loans for the finance or refinance of construction improvements, or release or satisfy any lien placed on a property by the city or by any of its agencies and instrumentalities if:

 

(i)   The property is used for the development of an affordable homeownership housing project by a project sponsor that has been allocated funds by the city commission or the city housing and commercial loan committee for such project, or

 

(ii)   The property is located in a home ownership zone and is used for the development of an affordable homeownership housing project in accordance with the five-year consolidated plan.

 

(2)   City liens which may be subordinated, released or satisfied include but are not limited to: demolition liens, lot clearing liens, solid waste liens, code enforcement liens and nuisance abatement liens.

 

(3)(i)   The lien or liens on the property shall not be released or satisfied, but may be subordinated, unless all certificates of occupancy required for the project, or their equivalent, are issued. The lien or liens on the property shall not be subordinated, released or satisfied if, in the judgment of the city manager, circumstances relating to the project make the release or satisfaction inappropriate or unwarranted.

 

(ii)   If a certificate of occupancy for an affordable housing project is not issued within 24 months of the lien or liens being subordinated, the subordination of the lien or liens shall become null and void unless the city manager approves an extension for the certificate of occupancy to be issued.

 

<snip>