Cost of clearing as lien on property—collection, foreclosure and sale

(a)

In case the work is done or caused to be done by the city, the code inspector, as defined in section 2-811, shall keep an itemized accounting of expenses of the work done and the cost thereof including an administrative charge of $150.00 and mail the statement to the owner of the property. The owner shall have ten days from the date the request for payment has been served to appeal the lot clearing process and/or the amount of the expenses and costs. If the statement is not paid or appealed within ten days, the amount shall bear interest at the maximum statutory rate allowable by law until paid. Such amounts, together with all penalties imposed thereon, shall constitute, and are hereby imposed as special assessment liens against the real property aforesaid, and until fully paid and discharged, or barred by law, shall remain liens equal in rank and dignity with the line of city and county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such liens shall be enforced by any of the methods provided in F.S. ch. 86 or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions applicable to practice, pleading and procedure for the foreclosure of mortgages on real estate set forth in state statutes, or may be foreclosed pursuant to F.S. ch. 173, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The payment of all costs of collection, including reasonable attorney's fees, penalties, administrative charges, and lien amounts is required before said lien shall be discharged or satisfied. All delinquent liens may be offered for sale at the annual lien sale of the city next following the date of delinquency as provided by law. Costs associated with CMP lot maintenance and lot clearing will be considered as a special assessment on the property as with all other lot clearing and maintenance expenses pursuant to F.S. § 170.201 and F.S. ch. 173.

(b)

This notice will be the only notice given within a one-year period of time. Any subsequent violations occurring under this section shall be remedied by the city without further notice.

(c)

The filing of an appeal from the city's determination of the need for lot clearance by the city shall not delay action by the city as described in section 22-117. The hearing will be conducted in accordance with the procedures set forth in section 22-93.4.

(d)

The notice shall be in substantially the following form:

Date: _____

Name of owner: _____

Address of owner: _____

As the registered property owner per Miami-Dade County tax rolls of the above described property, you are hereby notified that an inspection discloses that you are in violation of the Code of the City of Miami, Florida, as amended, Sections 22-116 through 22-118 because (state why property is in violation.)

Chapter 22, Garbage and Other Solid Waste, of the Code of the City of Miami, Florida, as amended requires that your property be kept in a safe, clean condition, not allowing the accumulation of any of the following: solid waste, biological, hazardous or industrial waste, as defined herein, tires, stagnant water; a dense growth of trees, vines and underbrush; or to allow a growth of grass, weeds or bushes over one foot (1 ft.) in height; or to allow the existence of depressions or excavations wherein water may accumulate on any lot, tract or parcel of land within the City to such an extent that it constitutes a menace to life, property, the public health, and public welfare or creates a fire hazard.

You are directed to correct said violation within _______ (_______) days of receipt of this notice and to notify this office that the violation has been corrected. Failure to do so will cause the City to clean the property therefore imposing a special assessment lien against the property including the payment of all costs of collection, penalties, lien amounts and administrative fees. The City may also exercise the option of foreclosure on your property.

This notice, which shall be recorded in the official records of Miami-Dade County will be the only notice given to you in a period of one (1) year from this date. Any other violations occurring under this section shall be remedied by the City without further notice. City of Miami Code Enforcement Official.

(Ord. No. 13044, § 2, 12-11-08; Ord. No. 13647, § 2, 11-17-16)