HomeMy Public PortalAbout11-8293 Begin Foreclosure Proceedings on Certain Properties Sponsored by: City Manager
Resolution No. 11-8293
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA TO ACCEPT THE
RECOMMENDATION OF THE CITY MANAGER, TO
BEGIN FORECLOSURE PROCEEDINGS ON CERTAIN
PROPERTIES IN THE MAGNOLIA NORTH AREA,
MAGNOLIA GARDENS, AND OTHER AREAS OF THE
CITY; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, liens have been placed on properties throughout the City as a result of
property owners' non-compliance with the City of Opa-locka Code of Ordinances; and
WHEREAS,the City Manager's Office has been working to redevelop the Magnolia North
area; and
WHEREAS, this is a citywide endeavor, and due to County investments, community
development investment and homeowner preservation in the Magnolia North and Magnolia
Gardens areas, the foreclosure proceedings will focus mainly on said areas; and
WHEREAS,Florida Statute Section 162.09 authorizes the City to take the necessary steps
to foreclose on most (non-homestead) properties that have code enforcement liens on real or
personal property.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby accepts the
recommendation of the City Manager to initiate foreclosure proceedings on the properties in the
Resolution No. 11-8293
Magnolia North area, as shown on the attached Exhibit"A".
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 12th DAY OF OCTOBER,2011.
66PC12/
M A TAYLOR
MAYOR
Attest to: Approved as to fo and legal suff ie cy:
1 ,
IL,.A.AilkiT
,�G
Deborah S. by Jos y.h S Geller
City Clerk Ci At ±rney
Moved by: COMMISSIONER MILLER
Seconded by: VICE MAYOR JOHNSON
Commission Vote: 4-1
Commissioner Holmes: NO
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
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MEMORANDUM
TO: Myra L. Taylor, Mayor
Dorothy Johnson, Vice Mayor
Timothy Holmes, Commissioner
Rose Tydus, Commissioner,,
Gail Miller, Commi sion.-
FROM: Bryan Finnie, Chi . ager
DATE: October =!
RE: Recommended Property Foreclosure Proceedings
Request:
A RESOLUTION OF THE CITY COMMISSION OF OPA-LOCKA, FLORIDA
AUTHORIZING THE CITY MANAGER TO INTIATE FORECLOSURE PROCEEDINGS
ON ANY AND ALL PROPERTIES AS RECOMMENDED BY STAFF.
Description:
The City of Opa-locka (the City) has placed liens on properties throughout the
municipality as a result of a property owner not complying with property maintenance
regulations or other infractions of duly enacted city ordinances. The City's Office of
Community Development has been evaluation various strategies to stimulate future
development, one strategy is for the City to foreclose on properties that have code
enforcement and other liens as a way of forcing the property owner to rectify the code
violations by improving the property or paving the way for future development.
While this strategy applies to any property citywide, the emphasis would be given to the
Magnolia and Magnolia Gardens area. As you know, the Opa-locka, CDC has already
begun to invest approximately $26 million in the above two subdivisions: Habitat for
Humanity, $2.5 million in new single-family home construction, Miami-Dade County,
property donations in excess of half a million dollars and "The Great City" of Opa-locka
has contributed property and staff resources in this effort to redevelop Magnolia North
1
and Magnolia Gardens for the betterment of our residents and all in the good name of
revitalization.
Florida Statute Section 162.09 authorizes the city to take necessary steps to foreclose
on most properties that have code enforcement liens on real or personal property. It
states that three (3) months from the filing of any such lien which remains unpaid, the
Code Enforcement Board, in this case the Special Magistrate, may authorize the city
attorney to foreclose on the lien or to take legal action to recover a money judgment for
the amount of the lien plus accrued interest. The only exemption that staff could identify
is that homestead property liens cannot be foreclosed upon per S. 4, Article X of the
State Constitution. The money judgment provisions of this section shall not apply to
real property or personal property which is covered under s. 4(a), Art. X of the State
Constitution.
Financial Impact:
As of August 2010, Code Enforcement liens total more than $432,270 and have
remained uncollected. The only financial impact would be for legal costs incurred as a
result of filing the foreclosure action.
Implementation Time Line:
Immediately
Legislative History:
None
Recommendation(s):
Staff recommends approval.
Attachments(s):
Resolution No. 11-8184; Foreclosure Recommendation List
Prepared By: Howard W. Brown, Jr., Community Development Director
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