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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 Pp�i.ockv ,, y r�i o Ogpoppt��,,; 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. 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