File Ref. #133
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South Beach Hotel and Restaurant A~s,~ciation
235 Lincoln Road - Suite # 316 - Miami Beach,~flli!133ilJ9PN 7: 27
Phone (305) 673-0440 Fax (305) 673.:-?2!0 . " " .".
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February 1 st, 1999
Land Use Committee
City of Miami Beach
City Hall
Re: January 25th Land Use Committee Meeting
Code Enforcement Issues
Dear Committee Members;
At your January 25th meeting, which I attended, the issue of the two prior meetings held
by Code Enforcement for input from Business Associations was discussed. Chairperson
Nancy Liebman noted that there was virtually no representation from the business
community at those meetings, and she rightfully requested that an additional meeting be
held, and that this one be better promoted to the business community.
As the only representative of a business association to attend the January 5th meeting, I
agreed with Commissioner Liebman. I also objected to the way my remarks at the January
5th meeting were characterized in your agenda package, and requested the right to submit
a proper statement of our concerns and suggestions, which is enclosed, and which I
request be made part of the record.
I think that it would be helpful if copies of these concerns and suggestions could be
included in the materials to be presented and discussed at the new Code Enforcement /
Business Associations meeting requested by Commissioner Liebman.
Please make sure that we are on your mailing list for the Code Enforcement meeting.
Thank you.
Sincerel
David Kelsey, President
c: Commissioners Nancy Liebman, David Dermer, and Marty Shapiro
City Clerk Robert Parcher (for the Land Use Committee)
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South Beach Hotel and Restaurant Association
235 Lincoln Road - Suite # 316 - Miami Beach, Florida 33139
Phone (305) 673-0440 Fax (305) 673-9910
Re: January 5th, 1999 Meeting
Code Enforcement / Business Associations
Miami Beach City Hall
Concerns Raised by South Beach Hotel and Restaurant Association Members
The Association, on behalf of its members, wishes to express its concern over what we
believe to be unnecessarily aggressive and often arbitrary and unreasonable Code
Enforcement policies and practices. We have summarized our concerns as follows:
Pro-active Rather Than Re-active Enforcement: Inappropriateness of Code Dept.
originating its own complaints, rather than responding to complaints from citizens.
Enforcement of Dormant. Obsolete. or Heretofore Unused Ordinances: Enforcement
without prior notice or public discussion, and often without City Manager knowledge or
approval (improper, and often seen as a harassment tactic).
Department Sweeps: Mass enforcement of dormant, obsolete, or heretofore unused
ordinances (seen as unnecessary, unreasonable, and unfair).
Lack of Discretion: Enforcement reflecting a general lack of discretion and / or common
sense (such as citing a business for holiday or party decorations, or other trivial matters).
Double Standard: Aggressive enforcement re: private property violations, while ignoring
similar or worse city owned property violations.
False Testimony: Advising the Special Master that certain violations (often trivial in
nature) are "risking the health, safety and public welfare of the citizens of Miami Beach"
when the Code Dept. knows that such is not the case.
Illegal Searches. Knowingly violating the Constitutional Rights of business operators and
residents re: inspection searches made without warrant, and making false and threatening
statements regarding occupants obligation to allow such searches.
Selective Enforcement:
(a) Enforcement action taken against some businesses or property owners, but not
taken against other businesses or property owners regarding the same type of offense or
violation (usually related to property maintenance).
(b) Application and enforcement of some ordinances against certain classes or
types of business but not against others, even though both classes or types of businesses
are specifically named in the code being applied.
(Problems With Code Enforcement, page two:)
Operating Without Authority: Conducting inspections of hotels and restaurants where
authority for such inspections has been specifically delegated to the State by statute.
Overlapping Departmental Jurisdiction: Confusion as to what particular city department
has authority or jurisdiction (causes confusion for departments and for the public).
The following are suggestions from the Association for improving Code
Enforcement:
Prioritize Code Violations: Separate minor or trivial violations from serious violations.
Assign a "weight" to all types of violations (using a rating scale of 1 to 5 to identifY and
classifY violations from serious to minor). Remove trivial or minor violations from
anything more serious than a "warning" or "request for compliance" (no fines or
appearances before a Special Master). Provide modest fines for moderately serious
violations (more than minor but less than serious) but no appearances before a Special
Master. Reserve Special Master and large fines for serious matters only.
Replace Some Special Master Trials: Substitute appearances before an Arbitration Board
(to be formed) for first time offenses and / or for less than serious violations (Board to be
made-up of 5 to 7 citizens).
Prohibit New Enforcement: Restrict any enforcement by Code of dormant, obsolete, or
heretofore unused ordinances without first obtaining City Manager approval and without
advance public notice and suitable warnings.
Stop Illegal Searches: Require Code to give written notice to all occupants (commercial
and residential) whose property they wish to inspect of the occupants rights under the
Florida Constitution to refuse such an inspection or search.
Stop Unauthorized Inspections: Require Code to abide by state statutes which delegate all
responsibility and authority for inspections of hotels, guest houses, and restaurants to state
agency's.
We believe that these concerns and suggestions, if accepted, will go a long was towards
improving relations between the Code Enforcement Department and the people. Should
you require back-up material to support our concerns or suggestions, please let us know.
Respectfully submitted for your consideration,
The South Beach Hotel and Restaurant Association
David Kelsey, President