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ORDINANCE EXTENDING AMNESTY PERIOD CREATED BY ORDINANCE 11-64 PROVIDING FOR A LIMITED EXCEPTION FROM CIVIL PENALTIES AND LIENS FOR BUILDING CODE VIOLATIONS UPON A HOMEOWNER�S COMPLIANCE WITH THE BUILDING CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, this Board adopted Ordinance 11-64 to create a limited exception from civil penalties and liens resulting from Building Code violations upon a homeowner�s compliance with the Building Code as a result of the severe economic crisis that exists in Miami-Dade County during a six-moth Amnesty Period; and
WHEREAS, this Board wishes to continue to encourage compliance with the Building Code while being mindful of the hardships that result to homeowners from the strict application of the County�s system of fines and penalties relating to building code violations; and
WHEREAS, Miami-Dade County remains in the midst of the severe economic crisis; and
WHEREAS, this Board wishes to extend the limited exemption contained in Ordinance 11-64 for an additional six (6) months in the manner more particularly set forth below,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMIDADE COUNTY, FLORIDA:
Section 1. Upon application of a homeowner, the County shall waive any and all civil penalties related to the enforcement of the Building Code in connection with a structure, and all liens related to such civil penalties, provided the homeowner satisfies each of the following conditions:
(a) A permit is issued to bring the structure into compliance with the Building Code within the Extended Amnesty Period as defined in this ordinance; and

(b) The structure is brought into compliance with the Building Code within the period provided in the Building Code for completion of the work under the permit obtained within the Extended Amnesty Period; and

(c) All direct costs of the Building and Neighborhood Compliance Department in connection with prior enforcement in connection with the structure, as documented by the Building and Neighborhood Compliance Department, shall be satisfied in full.
For purposes of this ordinance, a homeowner shall be understood as the person with direct and beneficial ownership of the affected structure, but shall not include a financial institution which has acquired the home through foreclosure.
Section 2. The Extended Amnesty Period shall commence on the latter of the effective date of this ordinance or the expiration of the Amnesty Period in Ordinance 11-64 and end six months thereafter. This ordinance shall not apply in the event that the County has commenced a civil action to collect on the civil penalties or to foreclose a lien. This ordinance shall not serve as a defense against any such action or against any enforcement action brought by the County.
Section 3. The Building Official is hereby directed to implement the necessary procedures and to develop the necessary documents to give effect to the intent of this ordinance.
Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, shall be excluded from the Code of Miami-Dade County.
Section 6. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.