Opa-locka commission approves lien amnesty program with 36-month sale restriction and manager discretion on deeper discounts

The City Commission of the City of Opa-locka on Wednesday approved a resolution reestablishing a code enforcement lien amnesty program that limits the sale of participating properties for 36 months and gives the city manager discretion to approve deeper discounts in special cases.

The measure, sponsored by the city manager and deferred from the Sept. 10 meeting, passed unanimously after a pair of amendments. Commissioners voted 3–2 to raise the standard maximum discount discussed earlier from 75% to up to 85% for select cases; the commission then approved, 5–0, an amendment requiring applicants to acknowledge and consent to a lien and a prohibition on the sale of the property for 36 months as a condition of participation.

Supporters called the program a tool to reduce long-standing derelict-property burdens on neighborhoods and to help low-income homeowners. "We're not here also, you know, to sacrifice or make people . . . lose the houses or make people lose everything that they have for their whole life," Commissioner Louis B. Santiago said during the debate, urging flexibility for single-family homeowners. Several residents who spoke during Citizens' Forum told commissioners that past liens and fines had left them unable to redevelop or sell properties.

City management told the commission that the amended resolution limits eligibility to applicants who have demonstrated good-faith efforts to address citations or violations. The city manager said applications will be accepted for a 60-day window and that applicants must agree to a recorded agreement (described by the attorney as a contract) that allows the city to file a lien; if a property covered by the agreement is sold during the 36-month restriction, the owner must reimburse the lien in full.

Opponents of increasing the discount to 85% argued that a larger reduction could unduly shift financial burden to the city. "I would not be in favor of going 85 because . . . I actually think it should be 50," Vice Mayor Kelly said, noting the manager already has authority to seek commission approval for exceptions above manager-level limits. That concern led to a two-step process: the commission approved higher discretion for special cases but then required the lien-and-prohibition language to protect the public interest.

City Attorney Miss Hebay explained the legal mechanism for the sale restriction: "You can't impede the property ownership. What you can do is through a contract . . . if they agree to have a lien placed on the property, and then after that lien is placed and it's filed with the appropriate county agency, then it would be an agreement that they not do it. And if they do it, then they would have to reimburse up to the full amount that is owed." The commission recorded that the lien-and-contract approach is voluntary — applicants must sign and accept the program terms.

The commission's actions: (1) amend the program to allow manager discretion to approve up to 85% in special cases (motion carried 3–2); (2) require participating applicants to acknowledge and consent to a filed lien and a prohibition on sale for 36 months (motion carried 5–0); (3) approve the amended resolution establishing the amnesty program (final vote 5–0).

Staff and several commissioners emphasized that the manager will use discretion and that affected residents may apply voluntarily; the manager will bring cases exceeding manager authority to the commission. The resolution's text limits participation to those showing good-faith efforts, sets a 60-day application period, and outlines the manager's administrative role.

Commissioners and staff did not provide a comprehensive cost estimate or projected fiscal impact in the meeting. The manager and attorney noted the lien would be a recorded agreement filed with the county, and the commission directed staff to implement the program consistent with the approved amendments.

The commission approved the resolution and amendments without further referral; staff will publish application details and a 60-day application window once implementation materials are finalized.