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2009-3647 OrdinanceSECOND READING ORDINANCE NO. 2009-3647 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 30, ENTITLED "CODE ENFORCEMENT," BY AMENDING ARTICLE III THEREOF, ENTITLED "ENFORCEMENT PROCEDURE," BY AMENDING SECTION 30-74, ENTITLED "FINE," BY AMENDING THE PROVISIONS RELATING TO THE MITIGATION OF FINES AND THE IMPOSITION OF A FINE CAP; BY AMENDING SECTION 30-76, ENTITLED "REHEARINGS; MITIGATION," BY INCREASING THE TIME PERIOD FOR THE JURISDICTION OF THE SPECIAL MASTER FOR THE MITIGATION OF FINES TO THREE YEARS AND PROVIDING CRITERIA RELATIVE TO FINE MITIGATION; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the code enforcement procedures adopted in Chapter 30 of the Miami Beach City Code provide necessary regulations, fines, and penalties for the violation of the City Code; and WHEREAS, under certain circumstances, the mitigation of fines subsequent to the correction and compliance with code requirements is warranted and equitable; and WHEREAS, the Mayor and City Commission deem it advisable to amend the code enforcement provisions in Chapter 30 to reflect additional criteria relative to the mitigation of fines in the instance where a violation has been corrected, and to establish mitigation standards for reducing certain fines subsequent to compliance. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 30-74, entitled "Fine" of Article III, entitled "Enforcement Procedure," of Chapter 30, entitled "Code Enforcement," of the Miami Beach City Code, is hereby amended as follows: CHAPTER 30 CODE ENFORCEMENT Article III. Enforcement Procedure Sec.30-74. Fine. (a) A special master, upon notification by the code inspector that an order previously issued in a case has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the special master for compliance or, in the case of a repeat violation, for each day the repeat violation continues beginning with the date the repeat violation is found to have occurred by the code inspector. (b) In addition, if the violation is a violation described in subsection 30-71(d), the special master shall notify the city commission, which may make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this article, a hearing shall not be necessary for issuance of the order imposing the fine. If after due notice and hearing a special master finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (c) below. (c) In addition to such fines, a special master may impose additional fines to cover all costs incurred by the local government in enforcing its or the county's codes and all costs of repairs pursuant to subsections 30-74(a) and (b). (d) A fine imposed pursuant to this section shall not exceed $1,000.00 per day for a first violation and shall not exceed $5,000.00 per day for a repeat violation. In addition, the special master may include all costs of repairs pursuant to subsection 30-74 (c). However, if the special master finds the violation to be irreparable or irreversible in nature, he may impose a fine not to exceed $15,000.00 per violation. The Special Master shall, at the time of the imposition of a fine. impose a cap on the total amount of a fine that may accrue and, at a subseauent hearing, the Special Master shall reduce the fine cap to reflect partial compliance. The cap provisions set forth in this section shall not apply to the fines imposed pursuant to other chapters in this Code that do not impose per diem fines. (e) In determining the amount of the fine, if any, the fine cap, or a reduction in the fine cap to reflect partial compliance, the special master shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. The cap provisions in subsections (d) and (e) shall automatically sunset and shall be repealed on September 19, 2011. (f) A special master may ~e~se mitigate a fine imposed pursuant to this section as provided in section 30-76(b). 2 (g) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property; but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this article shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. (h) Alien arising from a fine imposed pursuant to this section runs in favor of the city and the city clerk upon full payment may execute a satisfaction or release of lien entered pursuant to this section; in the event of settlement for less than the full amount of said lien, satisfaction or release shall require approval of both the city manager and the special master. (i) After three months from the filing of any lien which remains unpaid, the special master may authorize the city attorney to foreclose on the lien. No lien created pursuant to the provisions of this article may be foreclosed on real property which is a homestead under Fla. Const., art. X, § 4. Section 2. That Section 30-76, entitled "Rehearings; mitigation" of Article Ili, entitled "Enforcement Procedure," of Chapter 30, entitled "Code Enforcement," of the Miami Beach City Code is hereby amended as follows: Sec. 30-76. Rehearings; mitigation. (a) Rehearings. Upon filing of a petition for rehearing by a violator or by the city administration, aspecial master may rehear a case, take additional testimony and issue a new order. The petition must be filed with the clerk of the special master and must demonstrate that there is newly discovered evidence that could not have been discovered through the use of due diligence prior to the original hearing and that will probably change the result if a rehearing is granted, or the special master has overlooked or failed to consider something which renders the order issued erroneous. A petition for rehearing must be filed within 30 days of the filing of the last order issued in the case. (b) Mitigation. All applications for mitigation shall be made in writing and under oath. No applications for mitigation shall be considered until an affidavit of compliance has been filed by the city inspector or the property owner. A petition for relief from order shat! be brought within one vear. A petition for mitigation shall be brought within eF-e three years after the entry of an affidavit of compliance and is subject to the following mitigation criteria• The gravity of the violation; The promptness of compliance; 3 i i ,~ The good faith actions taken to correct the violation; and ~ '"' The amount of equity in the grogerty relative to the amount of the lien. ~ Mitigation may not be used for purpose of rehearing or appeal of the original order imposing the fine. SECTION 3. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. ,;Y; SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance is .held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. Codification. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 6. Effective Date. This Ordinance shall take effect the ~ day of September , 2009. PASSED and ADOPTED this 9th ~ day of September 2009. AT ST: /4 n C~J~'v\ atti errera Bower W ~ Mayor Robert Parches, City Clerk FC~tR~ll ~ 6A~O~1~161~3~ +~ R ~~C~JT1~N %Q ®~' F:\atto\TURN\ORDINANC\Special Master.doc 4 COMMISSION ITEM SUMMARY An Ordinance amending City Code to provide the Special Master with authority to impose a maximum fine amount and extending the Special Master's jurisdiction from one year of imposition of a fine to three years from compliance. Condensed Title: Key Intended Outcome Supported: Ensure compliance with code within reasonable time frame. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and City Commission approve the Ordinance? Item Summa /Recommendation: SECOND READING PUBLIC HEARING The attached Ordinance was developed in response to a request by members of the Finance and Citywide Projects Committee (FCWPC) to improve upon the City's lien process. At the July 15, 2009 City Commission meeting, the Ordinance was approved on First Reading and some modifications were requested by the members of the City Commission. In the Motion approving the First Reading the members of the City Commission requested that the imposition of a cap for fines imposed by the Special Master be mandatory, that the Special Master be given the authority to reduce the fine cap in order to reflect partial compliance and finally that the language be clarified to indicate that a relief from Order is only appropriate within one (1) year while a request for mitigation may be brought within three (3) years after the property becomes compliant. The Commission left open the question of the size of the cap that might be imposed by the Special Master and asked the item to be referred to the Land Use and Development Committee (LUDC) for review prior to the scheduled Second Reading of the Ordinance. At the July 27, 2009 LUDC meeting, the members of the Committee discussed the size of the cap which was deemed to be most desirable. The Committee voted to recommend to the full City Commission that no specific cap amount be identified in the Ordinance and rather that the Special Master be granted the authority and discretion to establish a cap as the facts of any specific case dictated. In this manner, the members of the Committee believed that the Special Master would tailor a cap appropriate to a specific property or set of violations that recognize the gravity of the violation, previous violations history and any actions that the violator had taken to correct the violation to-date. The Committee members recommended that a fourth criteria be added that required the Special Master to consider whether a good faith effort was made by the property owner to comply with the City requirements. All of the changes indicated by the full City Commission and those recommended by LUDC have been incorporated into the Ordinance which is attached. Advisory Board Recommendation: Financial Information: Source of Funds: Amount Account OBPI Total Financial Im act Summa City Clerk's Office Legislative Tracking: ~ Robert C. Middaugh, Assistant City Manager Si n-Offs: T:\AGENDA\2009\September 9\Regular\Special asterlienOrd2ndReadingSum9-9-09.doc Department Director Assista ity Manager City Manager RCM JMG U~ E M I AN1 I B EAC H AGENDA ITEM R 5~ SATE m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager SECOND READING PUBLIC HEARING DATE: September 9, 2009 SUBJECT: AN ORDINANCE OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 30. ENTITLED "CODE ENFORCEMENT," BY AMENDING ARTICLE III THEREOF, ENTITLED "ENFORCEMENT PROCEDURE," BY AMENDING SECTION 30-74, ENTITLED "FINE," BY AMENDING THE PROVISIONS RELATING TO THE MITIGATION OF FINES AND THE IMPOSITION OF A FINE CAP; BY AMENDING SECTION 30- 76, ENTITLED "REHEARINGS; MITIGATION," BY INCREASING THE TIME PERIOD FOR THE JURISDICTION OF THE SPECIAL MASTER FOR THE MITIGATION OF FINES TO THREE YEARS AND PROVIDING CRITERIA RELATIVE TO FINE MITIGATION; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on Second Reading. ANALYSIS The attached Ordinance was developed in response to a request by members of the Finance and Citywide Projects Committee (FCWPC) to improve upon the City's lien process. The Ordinance was intended to provide a limit on the overall size of liens that might accumulate on a specific property and also to extend the jurisdiction of the Special Master so that there is a higher likelihood of the Special Master hearing a mitigation request rather than the Administration. At the July 15, 2009 City Commission meeting, the Ordinance was approved on First Reading and some modifications were requested by the members of the City Commission. In the Motion approving the First Reading the members of the City Commission requested that the imposition of a cap for fines imposed by the Special Master be mandatory, that the Special Master be given the authority to reduce the fine cap in order to reflect partial compliance and finally that the language be clarified to indicate that a relief from Order is only appropriate within one (1) year while a request for mitigation may be brought within three (3) years after the property becomes compliant. The Commission left open the question of the size of the cap that might be imposed by the Special Master and asked the item to be referred to the Land Use and Development Committee (LUDC) for review prior to the scheduled Second Reading of the Ordinance. At the July 27, 2009 LUDC meeting, the members of the Committee discussed the size of the cap which was deemed to be most desirable. The Committee voted to recommend to the full City Commission that no specific cap amount be identified in the Ordinance and rather that the Special Master be granted the authority and discretion to establish a cap as the facts of any specific case dictated. In this manner, the members of the Committee believed that the Special Master would tailor a cap appropriate to a specific property or set of violations that recognize the gravity of the violation, previous violations history and any actions that the violator had taken to correct the violation to-date. The Committee members also voted to recommend to the full City Commission that one additional criteria be added into those already in the Ordinance relative to mitigations to be heard by the Special Master. The Committee members recommended that a fourth criteria be added that required the Special Master to consider whether a good faith effort was made by the property-owner to comply with the City requirements. All of the changes indicated by the full City Commission and those recommended by LUDC have been incorporated into the Ordinance which is attached. CONCLUSION It is recommended that the members of the City Commission approve on Second Reading the attached Ordinance. JMG\RCM\sam T:\AGENDA\2009\September 9\Regular\SpecialMasterlienOrd2ndReadingcommemo9-9-09.doc Attachments 2 THURSDAY, AUGUST 27, 2009 I 73MB ----~ MIAM(BEACH CITY OF MIAMI BEACH N0T1CE OF 'PUBLIC HEARINGS ~ ~. NOTICE IS HEREBY given that secend readings and public hearings will be'heid=by the Mayor and City Commissiory,af the City oT Miami Beach, Florida, in the Commission Chambers, 3M floor, Chy Ha11,1700 Converdion Center Drive, Miami Beach, Rodda, on Wednesday, September 9,30, to consitler the~tigWing: 1D:20 a.m. An Ordinance Amending Chapter 10 ()<The Miami Beach City Code Err0ded "Animals," By Amending Sedion 10-10, ErrUtied "Animals Prohibited In Public Parks And On'Beaches" By~Providing That The Chy Commission May Designate Dog Parks in Public Park Areas; pmending'Sedion 10-11, EMided "Running At Large Prohibited"'By Providing ThatThe CftyCommissfon May Designate-5pecffic Dff-Leash Areas Far Dogsirf Public Parks. jjiquides may be directed to the City Attorney's OfOce ffi (305) 673-7470. JltS a.m. _ , .19n,,Ordinerrcre Amending .Chapter 30,.ErrDtled "Code Erdarcement,"_8y Amending ArDde 111 Thereof, Entitled °EMorcemerd Procedure," By Amending Becton 30-74, Erdiderl-"Rne," ~By Adending The Provisions Rela0ng To The Mitgation Of Rnes; By Amending Section 30-76, Ertdtted "Rehearings; Mttigation," By Increasing The Time Pedotl For'The Jurtsdiction Of The Special `Master for The Mi0gadon Of Rnas To Three Years And Providing Criteria Relatve To Rne'Mitigation. ' ,. ~ ~aquiries may be directed to the C8y Merreger's Office ffi (305) 673-7010. "~ADfiarr. °An::Ordinance Amending `Miami Beach City Code Chapter 2, Amide Vll, Section 2-458 Thereof Errdtied "Supplemerdal Absterrtion And Disclosure Requiremems" 8y Requiring Public Officers To TAssdose Compensation Recdved By Public'dtDcei And/Or Public Officer's Employer Or Rrm Rotated To Subject Carrflicting Relationship, Said Disclosures 70 fie Made From Three Years Preceding 'gitlpinai Date OF Electon/Appdrdment Of Public Officer. ~ :~9rrgnMes may be directed to me CRy Attomey5 Office at (305) 673-7470. i°_~n AJrfinance Amending In Part Miami Beach City Code Chapter 2, Article VII, Division 5-Errfitled "Campaign Frumce Reform," Sedions 2-487.Through Md Including 2-490, By Prahibftfng "Ventlors" "TUN"Real E3Rate Developers" From Soticf0ng Campaign Contributions For Candidates For The Office.Of Mayor Or Commissioner, Expanding Upon The Definitions Of "Vendor" And °Real Estate Daraioper"And Corrforming As housekeeping Matter Certain Language To Existing Text trlqulries may be directeB.to the CffyAttomey's 0f8ce at (305) 673-7470. ~ ' '3d10.p:m. ~nOrtlinance Amending Miami Beach City Code Chapter'2, Article Vli, Division 5 Entitled °Campaign Rnance Reform " By Adding Tdrereto Section 2.491 Errtitied "Prohibited Lobbying By Campaign itonahttards," Prohibhing Campaign Consutla~-And.Cedain~ItDllated Rersons Or Errt(tles From Lobbying.CNy Commission For 12 Morrtrrs Subsequerd To Swearing Iri Of Sub)ed Elected Official(s), EStebOshing DeOnftions,:Llmtted Exemp0onAndDisdosurelAbsterdion Requiremerrts. ;t inquiries may be directed to the'Ctty Atromeys Office at (305) 673-7470. ~Ab Ordinance Amending. Miami Beach qty Code Chapter 2, ArDde N, Dh4sion 1, Section 2-194 Thereof Errtltled "Remmral Fmm Office", By Limiting Grountls For SuspensioNRemoval To Those 'Spedffed Offenses° Set Forth Within Florida Statute Section 112.3173 (As Amended), Arrd Estebliddrlg Procedure Prior To SuslxmsioMtemovat. - ,.Ingidriesmay be directed to the qty Attomey$ Office at (305) 673-7470. An-ltrddinance Amending Miami Beach Cfty-Cade Chapter 2,Ardde Vg,'Dlvidon 2~ Sedtion 2-458 Thereat,-Fntl!!ed "Stlpgameotal Absterrtion Md lNsdosure RegaNamerds°, Eslablistring AddlOnna! a9lsdoaureflequirememsfor Pub9c Offidals Df Arty Family Or Business Relationship With Party Wiro m Dlredly Benetittetl By Agency Vote. inquiries may be directed to the l3tyAttomep'sDffice ffi (305) 673-.7470. 3~D p.m. - An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 2,Sedion 2-450 Thereof ErrtlDed °Di~osure Of Interest INRelatianship With Business Enthy,° By Requiring Elected Official's Disclosure Of Certain Business Re~tionships Established I~Vitlrin 24 Mordhs After Contracdng Party's Appearance Before qty CommissMn. lnquiri~may be directed to.theCityAttomey.'sDifice.at (305) 673-7470. 3.i1D pm. An Ordinance Amending Miami Beach City Coda Chapter 2, Article Vti; Division 2 Thereof By.Cteating Section 2-462.Erdiged'ProhibiUng Elected DMdals fmm Having Certain Post-Service.Comracfs With City", Prohibiting Former City Electad:Offidals From City Employment Or Contacts On Matters in WMch City Commission Approval Is Required. Inquiries may be directetl to the,City'Attomey's Office ffi (305) 873-7470. _ 3A0y.m. An Ortlinance Amending Miami Beach City Cade Ctrapter 2, Article VII, Division 2 Thereof By Creatlng Sedien 2-463 Entitled "Prohibition Ot Certain Post-Service/Employmerd Relatiarstrips", Prohibiting Certain PasNService/EmploymeM Adivffy Of City Elected Otfidals Md City Employees ForA Period Of Two Y~ra7iiter Leaving City Service/Employmem. ^" tngrririesmay be directetl to the CttyAttomeyk Office ffi (305) 673-7470. '&00 pm. An Ortlinance Amending-In. Part Miami Beach City.Cede Chapter 2, Article VII, Division 5 Thereot Entitled °Campaign Rnance Reform," Sedions 2-487 °Prohibitetl Campaign Contributions By VeMOrs," 2-488 "Prohibited Campaign Contributions @y lobbyists On Procuremem Issues," 2.489 °Prohibited Campaign CoMributlons By Real Estate Developers," And 2-490 "Prohihited Campaign Comributions-By Lobbyislg.Ori Real Estate Developmem Issues," By Prohibiting Campaign CorrMbut(orrs From Vendors, Real ,Estate Developers And Taeir Respedlve lobbynsls To Cendidate~ Incumbent Members Of The gty'Commission Seeking Any Nan-Federal Elected Office. inquiries may be directetl to the City Attorney's Officeat (305) 873-747D. 5:10 p;m. An Ordinance Amending The Land Development Regulations Of The Code Of The City Ot Miami Beach, By Amending Chapter 142, °Zoning DisMCls And Regutatiorrs,"Article II "DishictAegulations," Division 18 "PS Pertormance Standarl DlsMct," Amendigg Seetion 142-693 "Pertnittetl Uses ° By Restrlding Or Prohibiting Commercial Rooftop Venues South Ot 5°i Street. Inquiries may be directed to the Planning Departmentffi(305) 673-7550. INTERESTED PARTIES are imiltetl tc appear at this meeting,.~r.be represented by an agrm, nr to express their views in~writing adtlressed to.the City Commission, s/o the .CitY,Clerk 1700 Comerdion Comer Drive,lst Floor, City Hall, Miami Beach, Rorida 33139. Copies of these ordinanr~'ate available for.putlic.inspedion during normal business hours in the City park's Office, 1700 Comemion Carder brive,'1st Rao4 City Hall, and Miami Beach, Ronda 33139. This meeting maybe cordinued and under such dreurrrstancesadditiorral legal notice would not be provided. Robert E. Percher; fifty gerk_ ' - -- - ~ •d31y of Miami. Beach . Pmauffirt to Secdort 288:0105, Ra. StaL, the' City hereby advises the public that: ff a person dedtles to appeal arty tledsion~inade by the City Commission with respect to any matter censideredat tls meeting or ds headng;such:pemm~ mrut ensure first a verbatim record of.the proceedings is made, which record includes thetesfimony and evidenceupon whichihe appeaFfs to be based. Tills notice ` doessrMCOnstibrte consept by the q1Y for the irrtroductlonoradmiasion of otherwise fnatlmisai6le or.irrelavam evidence; noc does it authorize challenges or appeals not otherwise allowed by law. To request this matertai in accessible format, sign language imerpreters, imormation on access for persons whh disahi8tes, anMar any accommodation to review arty dowmem or partidpate In arty. a ~ d Drceeedfng, Please corrffict (305) 6D4-2489 (wrice), (309)673-7218(TTY)4ive rfays m advance to krfllate your request. TTY users may also ca11711 (Flaida Relay Service).