Code Viol. Hearing/Procedures
CITY OF MIAMI BEACH
City Clerk's Office
Policies and Procedures
Code Violations Hearings Standard Operating Procedures
POLICY:
It is the policy of the City that the Code Compliance Division inspects properties and
businesses for code violations in the form of property maintenance and zoning
violations. If a property fails these inspections, the inspector cites the owner/agent
and/or manager of said property. The individual is given a time frame in which to
come into compliance; once the time has expired, the inspector re-inspects the
property. If there is non-compliance, the inspector completes a "Complaint and
Affidavit of Violation" and has it notarized. The inspector then prepares a case file
that is forwarded to the Legal Department for review and approval. Once approved,
the Legal Department forwards the case file to the Clerk(s) of the Special Master for
prosecution by scheduling the case for hearing before the Special Master. An order
is issued with a compliance date and a fine is imposed. The fine could become a lien
on the property and it may even lead into foreclosure. The Clerks of the Special
Master also function as Clerks to the Nuisance Abatement Board.
PROCEDURES:
See Procedures attached.
REFERENCE:
Memorandum: Code Compliance Caseload Report as of 11/08/96.
Rev. 1/97
Page 1 of 36 Pages
TABLE OF CONTENTS
Page
HOW TO ENTER A CASE IN THE LMS SYSTEM 5
HOW TO REMOVE A HOLD ON A PROPERTY 7
HOW TO PRINT A NOTICE TO APPEAR 7
HOW TO PRINT FILE LABELS 8
HOW TO PRINT MAILING LABELS 8
HOW TO RECORD SERVICE ON A CASE 9
HOW TO RESCHEDULE A CASE FOR A HEARING 9
HOW TO CREATE AN AGENDA 10
HOW TO PROCESS A CERTIFICATE OF COMPLIANCE 10
HOW TO ENTER CONDITIONS ON A CASE 11
HOW TO PRINT AN ORDER TO CLOSE A CASE 11
HOW TO PROCESS AN AFFIDAVIT OF COMPLIANCE 12
HOW TO PRINT AN ORDER 13
CONDITIONS FOR A CLOSED ORDER WITH AN AFFIDAVIT
OF COMPLIANCE - NO FEES OWED
HOW TO PROCESS AN AFFIDAVIT OF COMPLIANCE WHEN
FEES ARE OWED 14
CONDITIONS FOR A CLOSED ORDER WITH AN AFFIDAVIT
OF COMPLIANCE BUT FEES ARE OWED 15
HOW TO RECORD A LIEN 16
HOW TO PREPARE THE PACKAGE TO BE RECORDED 17
HOW TO PROCESS AN AFFIDAVIT OF NON-COMPLIANCE 18
HOW TO SIGN ONTO THE "FINES & LIENS" SYSTEM 19
LMS PRINTING OPTIONS 19
LIST OF CONDITIONS FOR ORDERS 20
HOW TO CHANGE/ADD INFORMATION ON A CONDITION OF 22
AN ORDER
HOW TO RECORD A WAIVER OF THE ADMINISTRATIVE FEE 23
HOW TO RECORD PAYMENTS 23
HOW TO REDUCE A FINE (IN LMS) AFTER A FINAL FINE IS ISSUED 24
HOW TO ENTER PAYMENTS IN THE FINES & LIENS SYSTEM 25
HOW TO MAKE A DEPOSIT FOR FINES COLLECTED AT A
HEARING 25
HOW TO PREPARE A SATISFACTION OF LIEN 26
HOW TO PRINT A SATISFACTION OF LIEN 26
HOW TO PREPARE A RELEASE OF LIEN 27
TABLE OF CONTENTS
PAGE 2
Rev. 1/97
Page 2 of 36 Pages
PAGE
HOW TO PREPARE THE PACKAGE TO BE RECORDED 27
HOW TO PROCESS AN AFFIDAVIT OF NON-COMPLIANCE 28
HOW TO DO A FILE SEARCH FOR THE LEGAL DEPARTMENT 29
HOW TO LOOK UP CODE ENFORCEMENT BOARD CASES 31
HOW TO PROCESS PAYMENTS FOR THE SPECIAL MASTER 32
HOW TO PROCESS PAYMENTS FOR THE COURT REPORTER 32
HOW TO ENTER A PARCEL NUMBER AND/OR LEGAL DESCRIPTION 33
LIST OF STATUS 34
MISCELLANEOUS INFORMATION 35
HOW TO CERTIFY & DISTRIBUTE NOTIE OF LIEN ORDER 36
ALSO IN THIS MANUAL SAMPLES OF FORMS
JOB DESCRIPTIONS
NO PAGE NUMBERS
NO PAGE NUMBERS
Rev. 1/97
Page 3 of 36 Pages
INTRODUCTION
This is the manual for the Clerks of the Special Master.
This office processes violations cases after the Code Compliance Inspectors have cited
the property and there has been no compliance.
This is a quasi-judicial function, where the Special Master (an independent attorney)
acts as a judge to decide the case. The Special Master resolves conflicts between the
City and the property owner, gives the violator time to comply, imposes fines, etc. The
main purpose is to enforce the City of Miami Beach Code and the City of Miami Beach
Zoning Ordinance 89-2665.
In regards to the property maintenance and zoning violations, the Special Master
replaced the Code Enforcement Board, which was composed of seven members.
The Nuisance Abatement Board handles nuisance violations as per the City of Miami
Beach Code, pursuant to Sections 823,05 and 823,10 of the Florida Statutes.
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Page 4 of 36 Pages
PROCEDURES FOR CODE COMPLIANCE CASES
The Clerks of the Special Master have the security to enter and change
information in this system. Other departments such as Code Compliance,
Legal, etc., have inquiring access.
To Log on: Novell Network
Enter your Login name:
Enter your password:
Select System: LMS
HP Production - click twice
Logon: - Enter HELLO Message
Enter User password:
Application Menu appears:
HOW TO ENTER A CASE IN THE LMS SYSTEM:
(See screen sample in the sample section of this manual)
A. If the violation is a Zoning Violation:
1. Press: F1 (enter keyword)
2. Type: "NUMBER," enter
3. Type: Zoning violation number, enter
4. Type: "AACT" (Add an Activity), enter
5. Type: "JCMASTER" (Activity type), enter
B. Enter the following information from the case file:
1. Next hearing date - no spaces, e.g., 103196
2. Enter date cited from case file
3. Section number - section of the zoning ordinance violated as shown on
case
4. Enter name of business
5. Service - type "MAilED"
6. C. E.# - enter zoning violation number
7. Enter violator's name and address
8. Enter inspector's last name
9. Enter time of hearing (either 9:00 or 2:00)
10. Enter initials of person entering case
11. Press Enter key - Special Master case number will appear in upper left
Rev. 1/97
Page 5 of 36 Pages
corner
12. Write case number on case file, e.g., JC970001
13. Print "NOTICE TO APPEAR" by typing "PRINT" on activity line
(See separate procedures for Printing a Notice)
The following will be assigned by the System automatically:
1 . Entered date
2. Status "OPEN"
3. Case number
If the address is on Hold, the system will not allow you to go beyond Step A #4 - AACT
see procedure to Remove a Hold.
B. If the violation is not a zoning violation, such as property maintenance,
the log on procedure remains the same, however, under "The Application Menu"
1 . Enter Option for "Land Management" and press enter - the "Land
Management System" menu will appear.
2. Enter Option # for "Process Issue Activities" and press enter.
3. Type the address and press enter
4. The same information is needed for all types of violations except that
under C. E.# you must enter the appropriate violation number such as
Property Maintenance - 461 OO-PM
5. Erase anything that shows in the Section Number. This is left blank on all
cases except Zoning Violation cases.
6. The different types of violations are listed in the Miami Beach Zoning
Ordinance 89-2665 and in the Miami Beach City Code.
Rev. 1/97 Page 6 of 36 Pages
HOW TO REMOVE A HOLD ON A PROPERTY:
The Clerks of the Special Master have the security to remove a hold in order to enter a
case. After the case has been entered, the hold is placed back on the property. These
holds are originally entered by the Building and Zoning Department.
1. Sign on to LMS.
2. Select "HOLD MAINTENANCE" from the menu.
3. Enter your password and return.
4. Enter parcel number.
5. Print screen showing hold by pressing F4. You will need this printout to place
the case back on hold after you enter it.
6. Delete the hold one line at time.
a. Type: The hold type number shown on the line.
b. Tab to DELETE: Type 1 and enter.You will see the line disappear from
the screen above. Continue the same process until all the lines are
deleted.
7. Go to the Activity Processing screen and enter the case. After the case is
entered, go back to the "Hold Maintenance" screen.
a. Enter parcel number. Type one line at a time exactly the same as the
Printout, including the effective date range and the hold type number and
enter. You will continue this process until all the holds are set up.
b. Press F4 again and print the screen. Save both printouts "before" and
"after" removing the hold with your name and date for future reference.
HOW TO PRINT A NOTICE TO APPEAR:
1. Press: F1
2. Type: "PRINT" The "SCREEN PRINT PROCESS" menu will appear
3. Select OPTION 6 and press enter (See separate list of Options)
Make a copy of the Notice; the original is filed in the Clerk's case folder with the
Receipt for Certified Mail attached. Mail copy of Notice to Appear to violator via
certified mail.
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Page 7 of 36 Pages
HOW TO PRINT FILES LABELS:
1. Sign onto LMS.
2. Select "SPECIAL MASTER PROCESSING"
3. Select "PRINT FILE LABELS"
4. Type the date range. Remember, you must use the "Return" key.
5. Wait approximately 10 to 15 minutes after you have input the selection criteria
for printing labels.
6. Select "DOWNLOAD FILE"
PC file name is "CCFLABEL.WPD"
HP file name is "CCFLABEL.PUB"
7. The System will ask if you want to download another file: Select "Y" or "N"
8. Upon completion of downloading files, sign off LMS.
9. In WordPerfect, select "TOOLS," "MACRO," then "PLAY" then select the
cassette icon, the file name "ccflabel.wcm" and "O.K." then "PLAY" and the
labels will appear.
1 O. Print the merged labels on label paper.
HOW TO PRINT MAILING LABELS:
1. Sign onto LMS.
2. Select "SPECIAL MASTER PROCESSING"
3. Select "PRINT LABELS"
a. Date 1 will give you mailing labels for the date you entered the case into
the system.
b. Date 2 will give you mailing labels for the hearing date.
** Remember to use the Return key**
4. Activity Type: "JCMASTER"
5. Type in date range and press return key.
6. Wait approximately 1 0 to 15 minutes after you have input the selection criteria
for printing labels.
7. Download the file: PC filename is "CCLABEL.WPD"
HP filename is "CCLABEL.PUB"
8. System will ask you if you want to download another file: select "Y" or "N"
9. Upon completion of downloading, sign off LMS.
10. In WordPerfect, select "TOOLS," "MACRO," then "PLAY" then select the
cassette icon, the file name "ccflabel.wcm" and "O.K." then "PLAY" and the
labels will appear.
11. Print the merged labels on label paper.
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Page 8 of 36 Pages
HOW TO RECORD "SERVICE" ON A CASE:
The Clerks of the Special Master are the only ones with the security. The Code
Compliance and legal Departments have inquiry access.
1. Sign onto lMS.
2. Press F1 key.
3. Type: "NUMBER"
4. Type: The case number, e.g., "JC970001."
5. Type: UACT
This is the command used to make any changes to an existing case.
6. Service: Type the date of the hearing if the Return Receipt card is back signed
and dated.
- If the order was handdelivered: Type: "HANDDElV."
- If the person refused to accept the Notice: Type: "REFUSED."
HOW TO RESCHEDULE A CASE FOR A HEARING:
1. Sign onto lMS.
2. Request the case by case number.
3. Type: "UACT"
4. Enter the hearing date.
5. Type: "MAilED" on the service line and enter.
6. Press F1.
7. Type: "PRINT"
8. Request OPTION 6 - to print the Notice to Appear. Make a copy. The original is
placed in the case file with the Receipt for Certified Mail attached. Mail the copy
of the Notice to the violator via certified mail.
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Page 9 of 36 Pages
HOW TO CREATE AN AGENDA:
1. Sign onto LMS.
2. Select "SPECIAL MASTER PROCESSING"
3. Composition Type: Type "JCMASTER"
4. Select "CREATE AGENDA"
5. Enter the agenda date, beginning date, ending and schedule date.
6. Enter "0" if this is a draft. After the hearing, print a permanent agenda for the
minutes book, in this case, enter "P" for permanent.
7. Press Return key.
8. You will be returned to the menu screen when the job is completed.
9. The minutes book is prepared by the Clerk of the Special Master and is kept in
that office.
HOW TO PROCESS A CERTIFICATE OF COMPLIANCE:
An original Certificate of Compliance signed by the Inspector is required to close a
case that has complied before the hearing date. This function is done by the Clerks of
the Special Master.
If the case has been heard by the Special Master, an Affidavit of Compliance is
required to close the case. See sample in the sample section of this manual.
If the case is in compliance as specified by the Order of the Special Master and no
money is owed, the procedure to close the case is to obtain a signed Certificate of
Compliance from the Inspector. See sample in the sample section of this manual.
1. Pull case folder from the hearing files.
2. Check that the following information is correct on the certificate:
a. This is an original signed and dated certificate.
b. The case number.
c. The violation number.
d. The property address.
3. Place certificate in the case file.
4. Look up case number using LMS.
5. Enter Keyword: Type "UACT" and enter.
6. Status, type: "DISMISS"
If closing the case with an Affidavit and fees are owed - Type: "OWEMONEY"
7. Tab to Next Hrg: Type next hearing date, no spaces, e.g., 122396.
8. Tab to Dismissal: Type next hearing date.
9. Tab to Service: Type next hearing date.
10. Tab to Hrg Time: Type 4:00. If closing the case with an Affidavit of Compliance
and there are fees owed, type 4:30.
Rev. 1/97
Page 10 of 36 Pages
11 . Enter.
To maintain a detailed listing of the case, everything is entered as a Synopsis under
Conditions to the Case.
TO ENTER CONDITIONS:
1. Press F7 for New Keyword: Type "UCOND" and enter.
2. Condition Type: JO.
3. Condition Code: HC01.
4. Text: Type the following:
(Date Entered) 10/17/96: "CERTIFICATE OF COMPLIANCE FROM
INSPECTOR JONES"
(Date of Hearing) 10/24/96: "DISMISSED"
5. Enter.
TO PRINT ORDER TO CLOSE THE CASE:
1 . Press F7
2. Condition Type: "J2"
A numerical listing of conditions will appear. Select approximate condition, according
to the document being processed, by placing a "Y" in front of the number. See
attached list. See sample in the sample section of this manual.
CONDITIONS FOR ORDER TO CLOSE DUE TO A CERTIFICATE OF COMPLIANCE:
Y A004
Y 8002
Y C003
Y Z004
This is a short order. This is signed by the Special Master after the case is called and
dismissed at the hearing. For the definition of each of these conditions, see sample in
the sample section of this manual.
Affix the "FILED" stamp on the Order and make four (4) copies:
1. Original is filed in the case folder.
2. 1 copy is mailed to the violator.
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Page 11 of 36 Pages
3. 1 copy is filed in the Minutes Book.
4. 1 copy is sent to the Legal Department.
5. 1 copy is sent to the Code Compliance Division.
Mark the file "CLOSED" with red ink on the outside of the file and on the label, then file
in storage with the other closed cases.
HOW TO PROCESS AN AFFIDAVIT OF COMPLIANCE:
An original Affidavit of Compliance signed by the Inspector is required to close a case
that has been heard by the Special Master.
If on time compliance and no fees are owed, the following is done:
1. Pull case folder from the files.
2. Check that the following information is correct:
a. This is an original Affidavit signed and dated.
b. The case number is correct.
c. The violation number is correct.
d. The property address is correct.
e. Check the date complied against the date on the Notice of Lien to be sure
it is an on time Compliance.
3. File Affidavit in the case file.
4. Go to the accordion file and pull original Notice of Lien and file it in the case
folder.
5. Look up case number in LMS.
6. Enter keyword: Type "UACT" and enter.
7. Status: Type "DISMISS"
8. Tab to Next Hrg: Type next hearing date.
9. Tab to Dismissed: Type next hearing date.
10. Tab to Service: Type next hearing date.
11. Tab to Hrg Time: Type "4:00" and enter.
To maintain a detailed listing of the case, everything is entered as a synopsis under
"CONDITIONS" to the case.
TO ENTER CONDITIONS:
Rev. 1/97
Page 12 of 36 Pages
1. New Keyword: Type "UCOND" and enter.
2. Condition Type: "JO"
3. Condition Code: "HC01"
4. Text: Type the following:
(date entered) 1 0/17/96: Affidavit of Compliance received from Inspector__.
(date of hearing) 10/24/96: DISMISSED.
HOW TO PRINT AN ORDER TO CLOSE A CASE:
1. Press F7.
2. Condition: "J2"
A numerical list of conditions will appear. Select approximate conditions according to
the document being processed. Process by placing a "Y" in front of the number.
See attached list.
CONDITIONS FOR AN ORDER TO CLOSE A CASE DUE TO
COMPLIANCE, GOOD COMPLIANCE AND NO FEES OWED:
Y A004
Y 8002
Y C003
Y Z004
If there were previous conditions due to a previous hearing, erase all previous
conditions. Call previous conditions with a text, and erase the text. For the definition of
each of these conditions, see sample in the sample section of this manual.
1. Press F7.
2. Condition Type: "J2"
3. Condition Code: "C001" or "C003" or "C004"
4. Erase them and enter.
TO PRINT THE ORDER:
1. PressF1.
2. Type "PRINT"
3. Select correct option (See attached list of options).
This is a short order. This is signed by the Special Master after the case is called and
dismissed at the hearing. Affix the "FILED" stamp to the order and make four(4)
copies:
Rev. 1/97
Page 13 of 36 Pages
1. Original is placed in the case file.
2. 1 copy is mailed to the violator.
3. 1 copy is filed in the Minutes book.
4. 1 copy is sent to the Legal Department.
5. 1 copy of sent to the Code Compliance Department.
HOW TO PROCESS AN AFFIDAVIT OF COMPLIANCE WHEN IT IS
GOOD COMPLIANCE BUT FEES ARE OWED:
An original Affidavit of Compliance signed by the Inspector is required to close a case
that has been heard by the Special Master.
If On Time Compliance and fees are owed, the following is done:
1. Pull the case file from the files.
2. Check that the following information is correct:
a. There is an original Affidavit, signed and dated.
b. The case number.
c. The violation number.
d. The property address.
e. Check the date complied against the date on the Notice of Lien to be sure
it is on time compliance.
3. File Affidavit in case file.
4. Go to the accordion file and pull original Notice of Lien and file it in the case
file.
5. Look up the case number in LMS.
6. Enter keyword: Type "UACT" and enter.
7. Status: Type "OWEMONEY"
8. Tab to next hearing: Type next hearing date. LEAVE DISMISSAL DATE
BLANK!
9. Tab to Service: Type next hearing date.
1 O. Tab to hearing time: Type 4:30.
11 . Press Enter.
To maintain a detailed listing of the case, everything is entered on a synopsis under
"CONDITIONS" to the case.
TO ENTER CONDITIONS:
1. New Keyword: Type "UCOND" and enter.
2. Condition Type: "JO"
Rev. 1/97
Page 14 of 36 Pages
3. Condition Code: "HC01"
4. Text: Type the following:
(date entered) 10/17/96: "Affidavit of Compliance from Inspector Jones"
5. (date entered) 1 0/17/96: "Dismissed Upon Payment of the" "
Administrative Fees owed for the (date) hearing."
TO PRINT ORDER TO CLOSE THE CASE:
1. Press F7.
2. Condition: "J2"
A numerical list of condition will appear. Select approximate conditions
according to the document being processed.
Process by placing a "Y" in front of the number. If you must type in the condition, place
a "T" in front of the number; (see attached list).
CONDITIONS FOR AN ORDER TO CLOSE A CASE DUE TO AN
AFFIDAVIT OF COMPLIANCE WITH GOOD COMPLIANCE BUT FEES
ARE OWED:
Y A003
Y 8002
T C004 - "That this case be dismissed upon payment of owed for the
administrative fee owed for the (date)of hearing."
Y C005
Y Z004
Erase previous condition - See instructions under "HOW TO PROCESS AN
AFFIDAVIT OF COMPLIANCE"
1. Print F1.
2. Type: "PRINT"
3. Select correct option - See list of options.
This is a short order. This is signed by the Special Master after the case is called and
dismissed at the hearing. Affix the "FILED" stamp on the order and make 4 copies:
1. Original is filed in the case folder.
2. 1 copy if mailed to the violator.
Rev. 1/97 Page 15 of 36 Pages
3. 1 copy if filed in the Minutes Book.
4. 1 copy is sent to the Legal Department.
5. 1 copy if sent to the Code Compliance Division.
The files are then filed in the drawer until payment is received. When the payment is
received, the following takes place:
1. Post the payment (See separate procedure for this).
2. Call case in LMS.
3. Change the status from "OWEMONEY" to "DISMISSED" after the
payment is posted.
4. Update: enter a dismissal date which is the day of the last hearing when
the Order was issued.
5. Mark the file "CLOSED" with red ink and file in storage.
HOW TO RECORD A LIEN:
A certified copy of the original Lien Order is filed by hearing date in the accordion
folder.
As we process either an Affidavit of Non-Compliance or an Affidavit of Compliance,
these Lien Orders are pulled.
If an Affidavit of Compliance is processed (and it is a timely compliance), the Lien
Order and the Affidavit are filed in the case file.
If an Affidavit of Non-Compliance is processed, the Lien Order is pulled. The fines start
running and both the Affidavit and the Order are filed in the accordion folder under
"Non-Compliance." At least once a month these "Non-Compliance" Affidavits get
recorded on a Lien in the Public Records.
If an Affidavit of Compliance is processed (and it is Late Compliance), the Order is
pulled, the fines stop running and a Late Compliance form is prepared and sent to the
violator. The Order, the Affidavit and the Late Compliance forms are filed under "Late
Compliance." At least once a month all the "Late Compliances" are recorded as Liens
in the Public Records.
HOW TO PREPARE THE PACKAGE TO BE RECORDED:
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Page 16 of 36 Pages
Pull from the accordion file all the individual packets (by case number) of "Late
Compliance" and "Non-Compliance."
Do the following:
1. Check in the computer for the following:
a. Cases with a final fine still within the time limit to pay. Do not record a
Late Compliance. If the Lien Order has been recorded when the Affidavit
of Non-Compliance was processed. Place this back in the accordion file
pending payment.
b. Check to see if fines had been paid but the Affidavit and Order had not
been pulled and filed in case file.
c. Check for cases on hold by the Legal Department due to foreclosure by
the City, Settlement Agreement in progress, etc. Place these cases back
in the accordion file.
d. Do not record anything less than 20 days old.
2. Discard all the Late Compliance forms.
3. Separate the copies in three (3) piles:
a. Original is sent to Court for recording.
b. 1 copy for our records.
c. 1 copy to the Legal Department with a copy of the check issued.
d. Count how many pages are being sent to the Court.
e. Obtain blank check from the Legal Department and prepare for signature.
Recording fees are: $6.00 for each Order of 1 page. If an Order has
more than one (1) page: $6.00 for the first page, $4.50 for each page
thereafter. Affidavits are $6.00 per page.
Example:
101 total pages, 1 Order has two (2) pages:
100 x $6.00 = $ 600.00
1 x $4.50 = $ 4.50
$ 604.50 Amount of check
f. Prepare official receipt.
g. Have check signed by Legal Department.
h. Make one (1) copy of signed check and official receipt for "Recordation
File."
I. List check on Log of reimbursement to the Legal Department. Every six
(6) months, write memo to Finance to reimburse the Legal Department
and charge the City Clerk's Office for the total cost of recording Special
Master liens.
J. Mail these first class with a self-addressed, stamped envelope with no
date.
When the liens come back recorded, the following occurs:
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Page 17 of 36 Pages
1. Check the documents returned against the set we kept for our records.
2. Change status in LMS to LIEN.
3. Add the recordation fee in LMS at $7.00 for the first page and $4.50 thereafter
for each page of the Order.
4. File original Order and Affidavits in case file.
HOW TO PROCESS AN AFFIDAVIT OF NON-COMPLIANCE:
If there is no compliance on the date specified by the Special Master, an Affidavit of
Non-Compliance is issued in order to start the fines running in the following manner:
1. Pull the case file from the hearing files.
2. Check that the following information is correct:
a. There is an original Affidavit signed and dated.
b. The case number.
c. The violation number.
d. The property address.
e. Check the Non-Compliance date against the date on the Notice of Lien
to be sure of the Con-Compliance status.
3. Make three (3) copies of the Affidavit - file one (1) in the file.
4. Go to the accordion file and pull original Notice of Lien. Make two (2) copies of
the Notice of Lien and attach it to the original and two (2) copies of the Affidavit.
File these in the accordion file under "Non-Compliance" to be recorded
as a Lien.
5. Look up case number in LMS.
6. Enter keyword: Type "UACT" and enter.
7. Status: "FINES" and enter.
8. Enter Keyword: Type "NEXT FEE"
This will bring the screen to record the fine.
9. Enter Keyword: Type "UACT" and enter.
1 O. Type beginning date; eg, 09/12/96.
11. Type amount of Fines Per Day ($25.00) and enter.
TO ENTER CONDITIONS:
1. PressF1.
2. New Keyword: "UCOND"
3. Condition Type: "JO"
4. Condition Code: "HC01"
5. Text: Type the following:
(date entered) 10/17/96: Affidavit of Non-Compliance from Inspector Jones
and enter.
The same information needs to be recorded in the "Fines and Liens" System.
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Page 18 of 36 Pages
See instructions "HOW TO ENTER A CASE IN THE FINES & LIENS SYSTEM"
File the folder back in the drawer.
HOW TO SIGN ON TO THE "FINES & LIEN" SYSTEM:
1. Click twice on "Fines & Liens" icon.
2. Click on "CASES" to add a new case.
3. Click on "ADD" - a blank screen will appear:
4. Enter the following information:
a. Case number.
b. Property address.
c. Owner/Agent.
d. Current status - "FINES"
e. Type of case - "CODE"
f. Violation.
This us used if the Order has more than one (1) part. Number the
violations if more than one (1).
g. Beginning date, eg, 091296.
5. Tab to: INTEREST "N"
Interest starts running from the date the Lien is recorded and not before.
6. Tab to: FINE/DAY - Enter amount $500.0 and enter. This case is now entered.
7. Click on EDIT and the COMM.
This will bring a Comment Screen. Type in the name and mailing address of the
owner or registered agent, etc. Also, any special information necessary.
PRINTING OPTIONS:
1. Detail information.
2. Lien Order - Property Maintenance violation - J2
3. Lien Order - Zoning Violation - J2
4. Marine Order - J2
5. Miscellaneous Order - J2
6. Notice to Appear
7. Notice to Violator - when the case was heard but, the violator was not present.
8. Short Order - Property Maintenance - J2
9. Short Order - Zoning Violation - J2
10. Maintenance Dismissal - J2
11. Miscellaneous Dismissal - J2
12. City Invoice Information
CONDITIONS:
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Page 19 of 36 Pages
ORDER - NOTICE OF LIENS - ORDER WITH FINES:
Y AOO 1
Y 8001
T C001 (T = Text)
- Type the Order as issued by the Special Master; eg, "That there be full compliance
by
(date) or a fine of ($_) a day for each day of non-compliance, will begin running
as of (date).
Y C002
Y D 001 - if not paid 002 - if waived 003 - if paid
Y Z_ - The number will depend on the Special Master and hearing date.
ORDERS - DISMISSED WITH A CERTIFICATE OF COMPLIANCE:
See sample in the sample section of this manual.
Y A004
Y 8002
Y C003
Y Z004
DISMISSED WITH AN AFFIDAVIT OF COMPLIANCE AND NO FEES
ARE OWED:
See sample in the sample section of this manual.
Y A003
Y 8002
Y C003
Y Z004
ORDER - OWES MONEY - COMPLIED ON TIME - CASE CLOSED WITH
AN AFFIDAVIT OF COMPLIANCE:
See sample in the sample section of this manual.
Y A003
Y 8002
T C004
Text: That this case be dismissed upon payment of money for the administrative
fee owed for the hearing date.
Y C005
Y Z004
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ORDER ISSUED WHEN THE FINE DUE IS PAID:
Y A003
Y B002
T C004
Text: "That this case be dismissed with a fine of $ for the period of non-
compliance from to , receipt of which is hereby acknowledged by
the City of Miami Beach"
Y Z004
ORDER WHEN A FINAL FINE IS ISSUED:
This is when the violator comes back before the Special Master to request a fine
reduction:
Y A003
Y B002
T C004
Text: "That this case be dismissed with a final fine of $ to be paid by
If the Final Fine is not paid as stated above, then the previously imposed lien
shall remain upon all real and personal property of the above described
violator until satisfaction by full payment.
Y D Is used to show deposition of administrative fee at that hearing:
D001
D002
D003
Y Z004
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ORDER ISSUED WHEN CASE IS IN COMPLIANCE BUT IF THE
VIOLATION OCCURS AGAIN, IT WILL BE CONSIDERED A RECURRING
VIOLATION:
This type of case is usually dismissed at the hearing:
See sample in the sample section of this manual.
Y A003
Y 8002
Y C004
T C004
Text: "That if this violation is repeated, it will be considered a recurring violation,
and a fine of up to $500.00 a day may be imposed."
This text could be added as #3 under C003, in which case you will type a
"T" on C003 or it could be a separate condition on C004.
HOW TO CHANGE INFORMATION ON A CONDITION OF ORDER:
1. Sign onto LMS.
2. Select "Land Management System"
3. Select "Application Display Maintenance"
4. Select "Condition"
5. Select "Standard Conditions"
6. Enter Condition Type: "J2"
7. Standard Conditions: "Z004"
8. Enter "C" - to change or "A" - to add.
9. Line: "01"
1 O. Effective Date: "102796"
Change information necessary such as hearing date, name of Special Master,
etc.
11. Last screen: Type "YES" - if short order.
12. If Lien Order and month needs to be changed on the notarization, Type: "NO"
13. Last screen: Type "YES"
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HOW TO RECORD A WAIVER OF THE ADMINISTRATIVE FEE:
1. Logon to LMS.
2. Call up the case number
3. Enter Keyword: Type "NEXT4"
4. Enter Keyword: Type "UACT"
5. Enter hearing date: 1 0/24/96
6. Tab to "Cost Assessed" and type "1"
If the fee is not waived - enter and this is completed.
If the fee is waived:
7. Tab to cost waived, type: "1" and enter.
HOW TO RECORD PAYMENTS:
1. Log onto LMS.
2. Call up the case number.
3. Enter Keyword: Type "FEESUM" and enter
4. Press F1.
5. Enter Keyword: Type "UACT" and enter. The following options will appear:
a. Payment of balance due
b. Partial payment
c. Payment of specific fee
d. Extend/cancel credit
e. Adjustment to balance
f. Display adjustment
g. Display credit entered
h. Display previous payments
To enter payments of administrative fees, fines; miscellaneous changes such as
copies, recording fee, interest, etc - Use option 3.
6. Type: Option 3 enter.
7. Use the F2 key to get to the specific fee for which you are posting a
payment, when you find the correct one then,
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Page 23 of 36 Pages
8. Enter the information requested on the screen:
a.
b.
c.
d.
Payment amount - method: check or cash
Receipt number: the MCR number used to deposit the payment
Check number: only if a check, else leave it blank
Initials: of the person entering payment information
NOTE:
Could be "Court Cost" of this is the administrative fee, or could be "Fines"
"Copies" etc - enter information of the payment in the Conditions: "JO-
HC01"
Payment of fines/liens and interest must also be posted in the Fines &
Liens System. See separate procedures on this.
HOW TO REDUCE A FINE AFTER A FINAL FINE IS ISSUED BY THE
SPECIAL MASTER:
This is done after you have posted the payment of the final fine:
1. Log onto LMS.
2. Call up the case number.
3. Enter Keyword: Type "FEESUM" and enter.
4. Enter Keyword: Type "UACT" and enter.
5. Type Option "5" - "Adjustment to Fine"
6. Type adjustment amount as shown on the screen. Enter this amount as a credit
with a (-) minus sign in front.
7. Authorization: Type "SPECIAL MASTER"
8. Note: Type "REDUCED"
9. Account Number: Type "011.8000.354002.03"
10. Enter
Make sure the balance due is $0.00.
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HOW TO ENTER PAYMENTS OF FINES AND LIENS IN FINES & LIENS
SYSTEM:
1. Sign onto Fines and Liens System icon.
2. Search for the Case Number.
3. Click on EDIT.
4. Change Status to "I" for "Inactive"
5. Change Current Status to "DISMISS"
6. Type total amount paid in boxes for "Paid Amount" and "Settle Amount" and
enter.
Make sure that the "Due" Amount is Zero!
7. Click on "UPDATE"
HOW TO MAKE A DEPOSIT FOR FEES COLLECTED AT THE
HEARING:
A payment can be received at the hearing, by mail or the person comes in to pay after
the hearing. The procedure is the same for depositing a payment of any kind, except
for listing the checks on the log.
Pull the "Special Master $" from the files:
1. List all payments by case number on the log. See sample attached.
2. Fill out the MCR receipt as per the sample attached.
3. Make sure to write the MCR number on each check.
If this was an MCR for one(1) individual payment, also write the check number
or the word cash on the MCR.
4. Make a copy of all the checks and the MCR.
5. Take original MCR and the payments (cash and checks) to the cashier.
6. The cashier will give you the original MCR validated by the cash register.
7. Attach the log and the copies and file in the "Special Master $" folder.
8. Add the amount of this deposit to the running balance kept on the log.
This running balance is kept in two(2) categories by "Fines/Liens" and
administrative "Fees" This total is used at the end of the month to prepare the
revenue report. See sample of money log.
HOW TO PREPARE A SATISFACTION OF LIEN:
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After a lien is paid in full, a "Satisfaction of Lien" is prepared to be recorded in the
Public Records by the property owner.
If the payment is made by cash, cashier's check or a trust account check, the
Satisfaction can be prepared immediately. If the payment is made by personal check,
we must wait three(3) weeks for the check to clear. The Satisfaction of Lien is
prepared after we check with the Finance Department that the check has cleared.
The following steps are taken:
1. Sign onto LMS.
2. Call up the case number.
3. Enter the following in the Conditions: "JO-HC01" See separate instructions for
entering conditions.
4. Type the following:
(date) "Satisfaction of Lien Prepared" and enter.
5. Exit LMS.
TO PRINT THE SATISFACTION OF LIEN:
1. Sign onto WordPerfect.
2. Click on "File" and "Open"
3. Click on "Drivers" and "c" for drive C.
4. Click on "Directories" "c" and "OK"
5. Scroll to "WPDATA" and click on "OK"
6. Click on "SM- and "OK"
7. Click on file name "Satisfac.SM" and "OK"
8. Save document with the file name (case number).
This is done to protect the original document and always have a good blank
document to use.
9. Type in the information requested. All information necessary such as book and
page number, date lien is recorded, legal description, etc., is obtained from the
original recorded Notice of Lien and Affidavit in the case folder.
1 O. Do a Spell Check, save, and print.
11. Take Satisfaction of Lien to be signed by the City Clerk.
12. Notarize it.
13. Certify it.
14. Make a copy of the document for our files; on it write date mailed or if this was
picked up, have the person sign and date the copy.
HOW TO PREPARE A RELEASE OF LIEN:
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Page 26 of 36 Pages
A "Release of Lien" is prepared when a lien was recorded and there is no payment
required in order to release it.
Examples: City error in recording the lien, an Order of Notice to Lien of Non-
Compliance Affidavit is recorded in error due to an error in the compliance date, the
Special Master may close the case and waive all the fines.
The procedure is the same as preparing a "Satisfaction of Lien," the only difference is
that the document is "Release of Lien" - see samples attached.
HOW TO PREPARE THE PACKAGE TO BE RECORDED:
Pull from the accordion file all the individual packages (by case number) of "Late
Compliance" and "Non-Compliance."
Do the following:
1. Check in the computer for the following:
a. Cases with a final fine still within the time limit to pay. DO NOT record a
late compliance if the Lien Order has been recorded when the Affidavit of
Non-Compliance was processed. Put this back in the accordion file
pending payment.
b. Check to see if fines had been paid but the Affidavit and Order have not
been pulled and filed in case file.
c. Check for cases on hold by the Legal Department due to foreclosure by
the City, Settlement Agreement in progress etc. Put this back in the
accordion file.
d. Do Not record anything less than 20 days old.
2. Discard all the Late Compliance forms.
3. Separate the copies in three (3) piles:
a. Original - get sent to court for recording.
b. 1 copy for our records of what was sent to be recorded
c. 1 copy to the Legal Department with a copy of the check issued.
4. Count how many pages.
5. Obtain blank check from the Legal Department and prepare for signature.
6. Prepare official receipt.
7. Have check signed.
8. Make 1 copy of check and official receipt for "Recordation File"
9. List check on log of reimbursement to the Legal Department and charge the City
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Clerk for the total cost of recording Special Master lien.
10. Mail this first class with a self-address stamped envelope with no date.
When the liens are returned recorded, the following is done:
1. Check the documents returned against the set we kept for our records.
2. Change status in LMS to "Lien"
3. Add the Recordation Fee in LMS at $7.00 per page and $4.50 for the second
page of the Order.
4. File original Order and Affidavits in case folder.
5. One copy of the recorded lien goes to the Finance Department and one copy is
mailed to the violator.
HOW TO PROCESS AN AFFIDAVIT OF NON-COMPLIANCE:
If there is no compliance on the date specified by the Special Master, an Affidavit of
Non-Compliance is issued in order to start the fines running:
1. Pull the case files from the folder.
2. Check that the following information is correct:
a. This is an original affidavit signed and dated.
b. The case number.
c. The violation number.
d. The property address.
e. Check the non-compliance date against the date on the Notice of Lien to
be sure of the non-compliance.
3. Make 3 copies of the Affidavit - file 1 copy in the folder.
4. Go to the accordion file and pull original Notice of Lien. Make 2 copies of the
Notice of Lien and attach it to the original and 2 copies of the Affidavit.
File these in the accordion file under "Non-Compliance" to be recorded as a
lien.
5. Look up case number in LMS.
6. Enter keyword: Type "UACT" and enter.
7. Status: "FINES" and enter.
8. Enter keyword: Type "NEXTFEE" this will bring the screen to record the fine.
9. Enter keyword: Type "UACT" and enter.
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Page 28 of 36 Pages
10. Type beginning date, eg, 091296.
11. Type amount of fines per day, eg, $25.00 and enter.
TO ENTER CONDITIONS:
1. PressF1.
2. New Keyword: "UCOND"
3. Condition Type: "JO"
4. Condition Code: "HC01"
5. Text: Type the following:
(Date entered) 1 01796: Affidavit of Non-Compliance from Inspector Jones.
Enter
The same information needs to be recorded in the "Fines and Liens Systems" -
See instructions to enter a case in the Fines & Liens System.
6. File the folder back in the drawer.
HOW TO DO A FILE SEARCH FOR THE LEGAL DEPARTMENT:
The request comes in memo form from the attorney at the Legal Department. See
sample attached.
There is a difference on this request: Sometimes they say "Liens should be
immediately filed" and other times, it says "Do not file any liens"
If it says that the lien should be filed after completed, we file the memo in the
Correspondence file because we do file liens regularly.
If it says "Do not file any liens" it means that the Legal Department is "negotiating with
the violator." In this case, we hold the memo (after compliance) and check to see if we
have any liens to be filed, and we pull those liens and do not file them until the next
time.
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Page 29 of 36 Pages
TO DO THE FILE SEARCH:
1. Look up the address in LMS and list all the cases (by number) that are not
dismissed.
2. Look up each case individually, list them on the memo and write the status of the
case, such as "Open," "Fines," "Lien." If there is a lien, list the total amount due
plus the interest.
3. Also check in WordPerfect for the old Code Enforcement Board (C.E.B.) cases
that are not part of the LMS System. See separate procedures for this.
4. List all C.E.B. that are liens and the amounts.
5. Make two(2) copies of the memo:
a. Original goes back to the writer of the memo.
b. 1 copy goes to Bill Gonzalez, Lien Supervisor in Finance Department.
c. 1 copy for our records.
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HOW TO LOOK UP CODE ENFORCEMENT BOARD CASES:
1. Click on WordPerfect icon.
2. Click on "File" and "Open"
3. Click on "Drive" and "c"
4. Click on "Directories" and "c"
5. Click on "OK"
6. Click on "WPDATA" and "OK"
7. Click on "ceb" and "OK"
8. Click on file name "agenda.ceb" and "OK"
9. Click on "EDIT" and "FIND"
1 O. Enter address and click on NEXT.
11. If address is found - click on "OK" under address; write information on memo
from the Legal Department.
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HOW TO PROCESS PAYMENT FOR THE SPECIAL MASTER:
1. Pull folder entitled "Special Master Payments"
2. Type Direct Payment (DP) request and attach attendance sheet to it.
(See sample attached)
3. Initial as Clerk verifying authorization of payment.
4. Give to City Clerk for signature.
5. Maintain copy for Clerk records.
6. Give to Liz for payment.
HOW TO PROCESS PAYMENT FOR THE COURT REPORTER:
The invoice is received from the court reporting company.
1. Verify that all information on invoice is accurate.
2. Initial and date invoice if it is correct
3. Give to City Clerk for signature.
4. Make a copy of the signed invoice and retain for Clerk's records.
5. Give original to Liz to prepare for payment.
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Page 32 of 36 Pages
HOW TO ENTER A PARCEL NUMBER AND/OR A LEGAL
DESCRIPTION ON AN ADDRESS:
1. PressF1.
2. Type: ADDRESS.
3. Enter address: eg, 6052 COLLINS AV
4. Enter type of file to be searched: A (Alias name for an address)
5. Enter Choice: 01 (if this is 6052 Collins Avenue)
6. Enter Keyword: DSITE
7. Enter Display Level: AD
8. Notice "Primary Address:" 6052 Collins Avenue
9. Enter Keyword: ADDRESS
10. Change to 6064 COLLINS AV
11. Assessors Index: 0
12. Write owner's name and address and parcel number on paper.
13. Press F8
14. Press F1, enter new Keyword: NUMBER.
15. Enter case number: eg, JC970113.
16. Enter: UPROJ
17. Enter Parcel number and owner's name from paper.
18. Project number will be displayed, not the Special Master case number.
19. Check if parcel number and owner's name is in Special Master case by getting
out of Project and going back to Special Master case.
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LIST OF STATUS ON CASES:
OPEN:
A case with no fines - waiting for compliance and/or a hearing.
FINES:
A case heard with fines imposed. The status from OPEN to FINES
is changed by an Affidavit of Non-compliance.
LIENS:
A case with recorded liens. The status is changed from FINES to
LIEN when the recorded lien comes back from the Public Record.
OWEMONEY:
A dismissed case that owes for the administrative fee. The status
is changed from OPEN to OWEMONEY by an Affidavit of
Compliance.
DISMISS:
A complied, closed case.
COLLECT:
A complied case with an unpaid administrative fee where the
invoice has been sent to Finance for collecting.
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Page 34 of 36 Pages
MISCELLANEOUS INFORMATION:
1. Never type over previous conditions in the synopsis - Do Not Erase Anything!
2. A case must be in compliance before the violator can request a hearing to
dismiss the fines. The request must be in writing.
3. The Special Master, after having heard testimony at the hearing, and based on
the evidence heard, enters "Findings of Fact," "Conclusion(s) of Law" and an
"Order. "
4. If the violations are corrected after the time frame allotted by the inspector but,
before the case is heard by the Special Master, the case shall be dismissed and
an Order is entered on the Record by the Special Master that these violations
are not to be repeated.
5. If the violations still exist at the time of the hearing, the Special Master will Order
that the violations be corrected by a date designated by him/her. If the violations
are not corrected by the date, a fine of up to $250 per day, per violation may be
imposed.
6. If the violations are corrected and then recur within a five (5) year period, the
violator is subject to fines of up to $500 a day, per violation.
7. The City of Miami Beach has the ability to impose liens against the personal and
real property of the violator(s) for unpaid fines. The property can eventually be
foreclosed upon.
8. All revenue generated by the Special Master hearings goes into the General
Fund of the City of Miami Beach. Code: 011.8000.354002.
9. If the violations are corrected within the time frame of the Order of the Special
Master, it shall be the responsibility of violator to contact the inspector and
advise him/her of compliance. The inspector shall then re-inspect the property
and if found to be in compliance, he/she will sign a "Certificate of Compliance"
form and give it to the Clerk of Special Master. The violator does not have to
appear at the scheduled hearing. The inspector shall testify that the property is
in compliance and the case shall be closed.
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Page 35 of 36 Pages
HOW TO CERTIFY & DISTRIBUTE NOTICE OF LIEN ORDER:
Orders are typed and printed on bond paper.
Check the following:
1. If PM or Zoning cases agree with Code or Ordinance reference.
2. If the $75.00 fee is paid, waived or owed.
3. Bottom portion printed on a second page - type it on the first page and eliminate
the second page.
4. Count against files and agenda.
5. Check if condo legal description.
Re-type legal description of entire building as per the case file.
6. Check dates of compliance and amount of fines.
7. Plain or lien forms.
Orders are sent to the Legal Department to the individual attorney that was at the
hearing. The attorney checks the orders and returns them. Notify the Special Master
that the orders are ready for signature. After the orders are signed, they must be
notarized.
Make a copy (bond paper) of the signed and notarized Order. Certify the copy by
placing the City's seal on the stamp that certifies the Order by the Clerk of the Special
Master. Original copy (not certified) is filed in the case folder.
Make six (6) copies of the "Certified Copy" and distribute as follows:
1. Original certified copy goes in the accordion file by hearing date.
2. 1 copy is mailed to the violator.
3. 1 copy is filed in case folder.
4. 1 copy is sent to the Legal Department.
5. 1 copy is sent to the Code Compliance Department.
6. 1 copy is sent to the Lien Department.
7. 1 copy is placed in the Minutes Book.
The Orders are mailed regular mail.
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