2010-3696 Ordi
~~ ~t
2010-3696
ORDINANCE NO.
J
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FOLLOWING
PROVISIONS OF THE MIAMI BEACH CITY CODE WITH REGARD TO
ADMINISTRATIVE SPECIAL MASTER HEARING APPEAL FEES
WHICH WILL BE SET UNIFORMLY VIA RESOLUTION OF THE CITY
COMMISSION, AND TO PROVIDE CONSISTENT REFERENCES TO
ADMINISTRATIVE SPECIAL MASTER HEARING PROCEDURES AND
APPEAL FEES THROUGHOUT THE CITY CODE, BY AMENDING
CHAPTER 18, ENTITLED "BUSINESSES," BY AMENDING ARTICLE
XV, ENTITLED "STREET PERFORMERS AND ART VENDORS"; BY
AMENDING SECTION 18-911(b) THEREOF; BY AMENDING CHAPTER
30, ENTITLED "CODE ENFORCEMENT," BY AMENDING ARTICLE III,
ENTITLED I"ENFORCEMENT PROCEDURES," BY AMENDING
SECTIONS X30-72(a) AND. 30-79(a) THEREOF; BY AMENDING
CHAPTER 42, ENTITLED "EMERGENCY SERVICES," BY AMENDING
ARTICLE II ~ .ENTITLED "ALARM SYSTEMS," BY AMENDING
SECTION 42-91 (c) THEREOF; BY AMENDING CHAPTER 46,
ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE VI, ENTITLED
"NOISE," BY AMENDING SECTIONS 46-159(b)-(c) AND 46-161 (d)
THEREOF; BY AMENDING CHAPTER 82, ENTITLED "PUBLIC
PROPERTY,"~ BY AMENDING ARTICLE IV,. ENTITLED "USES IN
PUBLIC RIGHTS-OF-WAY," BY AMENDING SECTION 82-151(e)
THEREOF;- BY AMENDING CHAPTER 86, ENTITLED "SALES," BY
AMENDING (ARTICLE II, ENTITLED "GARAGE SALES," AND
ARTICLE III, ENTITLED "NON-PROFIT VENDING ~ AND
DISTRIBUTIOiN," BY AMENDING SECTIONS 86-108(b) AND 86-150(b),
RESPECTIVELY; BY AMENDING CHAPTER 90, ENTITLED "SOLID
WASTE," BY AMENDING ARTICLE IV, ENTITLED "PRIVATE WASTE
COLLECTORS/CONTRACTORS," BY AMENDING SECTION 90-231(b)
THEREOF; BY AMENDING CHAPTER 102, .ENTITLED "TAXATION,"
BY AMENDING ARTICLE IV, ENTITLED "RESORT TAX," AND
ARTICLE V, ENTITLED "LOCAL BUSINESS TAX," BY AMENDING
SECTIONS 102-322(c)(1), 102-372(a), 102-377(a)(2), AND 102-384,
RESPECTIVELY; BY AMENDING CHAPTER 106, ENTITLED
"TRAFFIC AND VEHICLES," BY AMENDING ARTICLE V, ENTITLED
"POLICE VEHICLE TOWING," AND ARTICLE X, ENTITLED
"NONMOTORIZED VEHICLES FOR HIRE," BY AMENDING SECTIONS
106-220(a) AND 106-467(b)-(c), RESPECTIVELY; PROVIDING FOR
CODIFICATION; SEVERABILITY; REPEALER; AND AN EFFECTIVE
DATE. ~
WHEREAS, in various chapters of the City, Code, administrative procedures are
provided whereby special masters may hear and decide cases in which violations of the City
Code are prosecuted or appealed; and
WHEREAS, the special master fee is not uniformly provided for in the various City Code
provisions concerning special master hearing procedures; and
WHEREAS, there have been increases in the costs associated with special .master
hearings including, inter) alia, increases in staff salaries and especial master compensation since
1992 when the special master fee of $75 was established; and
WHEREAS, in order to provide for a consistent and flexible method whereby the special
master fee may be adjusted in the relevant provisions of the City Code to reflect the changing
costs associated with the special master, such fee should be set by a resolution approved by
the City Commission; and
WHEREAS, after the adoption of this Ordinance on a second reading, public hearing, a
companion resolution, as referenced in this Ordinance, setting a special master fee will be
submitted for consideration and adoption by the City Commission; and
WHEREAS, in order to provide consistency throughout the City Code with regard to
special master hearing procedures and fees, the City Code amendments set forth herein should
be adopted.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article XV, entitled "Street Performers and Art Vendors," of Chapter 18 of
the Miami Beach City Code, entitled "Businesses," is hereby amended as follows:
CHAPTER 18
BUSINESSES
CLE XV. Street Performers and Art Vendors
Sec. 18-911. Rights of violators; payment of fine; right to appeal; failure to pay civil fine
or to appeal.
(b) The procedures
385.
SECTION 2. That Arti
Beach City Code, entitlE
for appeal shall be as set forth in Code sections 102-384 and 102-
III, entitled "Enforcement Procedures," of Chapter 30 of the .Miami
"Code Enforcement," is hereby amended as follows:
CHAPTER 30
CODE ENFORCEMENT
ARTICLE III. Enforcement Procedures
Sec. 30-72. Conduct of hearings.
(a) Upon request of the code .inspector or at such other times as may be necessary, the
special master may call hearings. The special master at any hearing may set a future
hearing date. The special master shall attempt to convene no less frequently than
once every month but may meet more or less often as the demand necessitates.
Minutes shall be kept of all hearings, and all hearings shall be open to the public. The
city manager shall provide clerical and administrative personnel as may be reasonably
required for the proper performance of the special master's duties. If the local
governing body prevails in prosecuting a case before the special master, it shall be
entitled to .recover all costs and fees incurred in prosecuting the case before the
special master, including but not limited to costs for enforcement, inspections,
preparation of enforcement reports, photographs, testing, monitoring, title search,
postage, service. of notice and or orders, translator, audio/video of proceeding,
recordings i administrative and er clerical costs, special
master fees as, approved by a resolution of the city commission, and hearing facility
costs; such costs and fees may be included in the lien authorized under F.S. §
162.09(3).
Sec. 30-79. Civil liability; penalties; attorneys' fees.
(a) Any person who violates a provision of this chapter or any lawful rule, regulation, or
written order of the special master under this chapter is subject to injunction or other
equitable relief Ito enforce compliance with or to prohibit the violation of this chapter.
Further, such person is liable for any damage to city caused by such violation, and for
the reasonable costs and expenses incurred by the city in enforcing the provisions of
this chapter, including but not limited to all costs for enforcement, administrative and
clerical costs, special master fees, and collection. All such sums shall become
immediately due and payable upon .expenditure by the city and shall become
delinquent if not paid within 30 days after notice to the violator of either the city's bill or
special master's order itemizing the enforcement costs incurred in enforcing the
provisions of this chapter (the "due date"). All such delinquent sums shall bear interest
at the rate of 12 percent per annum.
SECTION 3. That Divisi
of Chapter 42 of the Mian
as follows:
~n 3, entitled "Burglar Alarms," of Article II, entitled "Alarm Systems,"
Beach City Code, entitled "Emergency Services," is hereby amended
CHAPTER 42
EMERGENCY SERVICES
ARTICLE II. Alarm Systems
Division 3. Burglar Alarms
Sec. 42-91. Appeal of false alarm designation.
(c) Alt requests for hearings must be accompanied by an ' ' appeal fee,
as approved by a resolution of the city commission, in cash, money orders or certified
check for eachlalarm disputed. T#+s-bed The appeal fee will be returned to the user if
the hearing officer rules in his/her/its favor.
SECTION 4. That Article IV, entitled "Noise," of Chapter 46 of the Miami Beach City Code,
entitled "Environment," is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE IV. Noise
Sec. 46-159. Fines and penalties for violation; appeals; alternate means of enforcement.
(b) A violator who has been served with a notice of violation shall elect either to:
(1) Pay the civil fine in the manner indicated on the notice; or
(c)
(2) File a written request for an administrative hearing before a special master to
appeal the decision of the code inspector that resulted in the issuance of the notice
of violation. The written request shall be submitted to the clerical staff of the special
master no later than ten (10) days of service of the notice of violation, and shall be
accompanied by an $~~A9 appeal fee as approved by a resolution of the city
commission. (The fee may be returned to the violator if the special master rules in
favor of the violator. All disputes regarding proper notice of the violation and
timeliness of the appeal shall be heard by the special master prior to any hearing on
the merits of the violation itself.
The procedures for appeal of the notice of violation shall be as set forth in sections
102-384 and 1.02-385. A courtesy mail notice shall be promptly provided to the
complainant of any hearing regarding the notice of violation, and the complainant may
testify at such hearings; provided, however, that non-transmission of the courtesy
notice to the complainant shall not in any .way. invalidate, affect, or impair any of the
further proceedi ~ gs, actions, or determinations in the case. Failure to give such notice
shall not be a cause for continuance or cancellation of any scheduled hearing of the
matter. Only two continuances, for no longer than 20 days each, shall be granted by
the special master. for any administrative hearing unless the alleged offender, at a
hearing on a motion for continuance, establishes by testimony, and/or other evidence,
that good cause exists for a further continuance. If the special master finds that a
violation has occurred, the applicable penalty set forth in subsection 46-159(a) shall be
imposed.
Sec. 46-161. Motor. vehicle~alarms.
(d) A violation of this section on private property shall cause the person who owns or has
custody of .the offending vehicle to be fined $50.00. Any. duly designated law
enforcement officer and/or code enforcement officer is authorized and empowered to
enter without force upon private property in order to detect and issue a citation or
notice of violation to and upon the owner or custodian. of the offending motor vehicle. A
copy of the citation or notice of violation may also be left on the offending vehicle and
shall constitute notice. The citation or notice of violation may be appealed in
accordance with the procedures set forth in sections 102-384-~a~s 102-385s and
Chapter 30 of this Code.
SECTION 5. That Division 2, entitled "Temporary Obstructions," of Article IV, entitled "Uses in
Public-Rights-of Way," off .Chapter 82 of the Miami Beach City .Code, entitled "Public Property,"
is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
LE IV. Uses in Public Rights-of-Way
Sec. 82-151. Permit
Division 2. Temporary Obstructions
uired.
(e) Appeal. Appeal
director and ap
designee. Alter
master to heal
procedures set
be accompanies
+q-a~ye~d+~c-A, v
SECTION 6. That Divi~
Division I, entitled "Gen
Chapter 86 of the Miami
~om the determination of required deposit amount by the public works
gals from the denial of a permit shall be to the city manager or his
~tively, the .city commission may, by resolution, appoint a special
such appeals. The appeals shall be conducted pursuant to the
~rth in sections .102-384 and 102-385. Applications for hearings must
by a fee as approved by a resolution of the city commission spesi#ied
rich will be refunded if the applicant prevails in the appeal.
4, entitled "Enforcement," of Article II, entitled "Garage Sales," and
Ily," of Article III, entitled "Non-profit Vending and Distribution," of
Bch City Code, entitled "Sales," are hereby amended as follows:
CHAPTER 86
SALES
Sec. 86-108. Rights o1
or failure
ARTICLE II. Garage Sales
Division 4. Enforcement
'violators; payment of fine; right to appeal; failure to pay civil fine
to appeal.
(b) The procedure
as set forth in
Sec. 86-150. Rights of
or to app.
for appeal by administrative hearing of the notice of violation shall be
ction 102-384 and 102-385.
~-rticle III. Nonprofit Vending and Distribution
Division 1. Generally
-iolators; payment of -fine; -right to appeal; failure to pay civil fine
~I.
(b) The procedu
385.
SECTION 7. That A
the Miami Beach City
for appeal shall be as set forth in Code sections 102-384 and 102-
IV, entitled "Private Waste Collectors/Contractors," of Chapter 90 of
entitled "Solid Waste," is hereby amended as follows:
CHAPTER 90
SOLID WASTE
Article IV. Private Waste Collectors/Contractors
Sec. 90-231. Recycling requirements for franchise waste contractors; protest procedures.
(b) Protest procedures for multi-family residences only. In the event -that the recycling
bid and/or price quote (hereinafter, the offer) provided by the contractor to an
account holder who is an owner, occupant, or operator or manager of an apartment
building orlother multifamily residence, is deemed unfair by said owner, occupant,
or operator or manager, then the aggrieved party may file a protest with the city
manager. Any such protest must be submitted in writing; must be made within 30
days of receipt of the offer by the aggrieved party; must include a copy of the offer;
and must clearly state the reasons and grounds that the aggrieved party considers
the offer to be unfair. Protests not made within the time period set forth in the
preceding sentence shall be time-barred and shall receive no further consideration.
Upon receipt of a timely .written protest, the city manager shall provide a copy to
the particular contractor, who may respond to the protest, in writing, within 15 days
of receipt of the protest. At the end of the 15 days, the city manager has 30 days
to direct that an administrative hearing be scheduled to consider the protest (which
hearing need not necessarily be held within the 30-day period). Except as
otherwise provided in this section, tThe hearing shall be conducted by the city
manager, or a designee appointed by the city manager, and shall be conducted in
accordance with the $rev+s~ie~ procedures established pursuant to sections 102--
384 and 102-385. At the hearing, the city manager or his designee may hear
testimony and consider any relevant evidence from the parties regarding the
subject protest and, at the conclusion of the hearing, the city manager or his
designee shall make a written determination as to the fairness or unfairness of the
protest. An offer shall not be deemed to be unfair if it provides for prices,, terms,.
and services as would be provided to buildings of comparable size and character
within the area, and which is competitive within the local industry standards. If the
offer is deemed unfair, the city manager, or the city manager's designee, shall
require the contractor to provide the aggrieved party with a new offer that meets
the minimum criteria for fairness (as established in the preceding sentence). The
contractor's failure or refusal to provide a fair alternative bid andlor quote may be
grounds for suspension or revocation of contractor's franchise agreement.
SECTION 8. That Divi;
entitled "Local Business
are hereby amended as
Sec. 102-322. Penalti
(c) Additionally,
ion 4, entitled "Tax," of Article IV, entitled "Resort Tax," and Article V,
fax," of Chapter 102 of the Miami Beach City Code, entitled "Taxation,"
CHAPTER 102
TAXATION
ARTICLE IV. Resort Tax
Division 4. Tax
for violation of division.
ators may be subject to the following:
i
(1) Proceedings to revoke/suspend the city occupational license and/or
certificate of use for. the business/premises involved with the violation
provided in sections 102-383 through 102-385;
* * * i
I
Article V. Local Business Tax
Sec. 102-372. Grounds for denial.
the
as
(a) Any person whose application for a business tax receipt has been denied may seek a
hearing under sections 102-384 and 102-385.
Sec. 102-377. Penalties, enforcement; collection of delinquent fees. and taxes, and
criminal penalties.
(a) (2) Suspension/revocation proceedings as set forth in sections 102-383 through 102-
385.
Sec. 102-384. Hearing when taxee or permittee fails to comply with notice or when
requested by aggrieved applicant/taxee.
If a taxee or permittee fails to comply with any notice issued as provided in section 102-
383, the city manager or his designee may issue an order in writing to the taxee, by
certified mail or hand delivery, notifying him to appear at an administrative hearing
before the city manager or his designee to be held at a time to be fixed in such order,
which date shall be not less than five days after service thereof. Except as provided in
subsection (b) of section 102-385, an administrative hearing may also be requested by
an applicant/taxee aggrieved by a decision of a_ code compliance officer regarding denial
of a business tax receipt, determination of fees/penalties due and/or warning of potential
suspension/revociation for violation of a provision of this article. The request must be in
writing and filed m the city manager's office within ten days of receipt of the decision of
the inspector. The request must specify the decision complained of and the nature of the
applicant's/taxee's grievance and must be accompanied by a fee as
aver-A approved by a resolution of the city commission to defray expenses of the
hearing. The fee will be refunded if the applicant/taxee prevails. in the appeal. The city's
costs and fees shall be assessed and liened as provided in sec. 30-72(a~.
SECTION 9. That Division 2, entitled "Permit," of Article V, entitled "Police Vehicle Towing,"
and Article X, entitled "Non-motorized vehicles for hire," of Chapter 106 of the Miami Beach City
Code, entitled "Traffic and Vehicles," is hereby amended as follows: .
CHAPTER 106
TRAFFIC AND VEHICLES
ARTICLE V. Police Vehicle Towing
Division 2. Permit
Sec. 106-220. Suspe
(a)
(b)
Article X. Nonmotorized Vehicles for Hire
n/revocation; appeals.
Each awardee of a permit pursuant to this article shall comply at all times with the
administratiue rules and regulations for police towing permits as amended from
time to time and with all applicable city, county, state and federal ordinances,
regulations and statutes. The city manager or his designee may suspend or revoke
a permit for failure to comply after holding a hearing in accordance with the
procedures for suspension/revocation of occupational licenses as set forth in
sections 102-383 through 102-385. The permit fee shall not be reduced during
periods of suspension, and such work as may have been due the suspended
permit holder may be assigned instead to the remaining permit holders.
Appeals from a suspension or revocation pursuant to this section shall be to a
court of appropriate jurisdiction in accordance with the state rules of appellate
procedure.
Sec. 106-467. Fir
and penalties for violation; appeals; alternate means of
(b) A violator who has been served with a notice of violation shall elect either to:
(1) Pay the civil fine in the manner indicated on the notice; or
(2) File a written request for an administrative hearing before a special master to
appeal the d~~ecision of the code inspector that resulted in the issuance of the notice
of violation. The written request shall be submitted to the clerical staff of the special
master no later than ten days of service of the notice of violation, and shall be
accompanied by an ~ appeal fee as approved by a resolution of the city
commission. The fee may be returned to the violator if the special master rules in
favor of the violator. All disputes regarding proper notice of the violation and
timeliness o ~ the appeal shall be heard by the special master prior to any hearing
on the merits of the violation itself.
(c) The procedures for appeal of the notice of violation shall be as set forth in sections
102-384 and 102-385. A courtesy mail notice shall be promptly provided to the
complainant of any hearing regarding the notice of violation, and the complainant
may testify at such hearings; provided, however, that non-transmission of the
courtesy notice to the complainant shall not in any way invalidate, affect, or impair
any of the further proceedings, actions, or determinations in the case. Failure to
give such notice shall not be a cause for continuance or cancellation of any
scheduled hearing of the matter. Only two continuances, for no longer than 20
days each, shall be granted by the special master for any administrative hearing
unless the alleged offender, at a hearing on a motion for continuance, establishes
by testimony, and/or other evidence, that good cause exists fora further
continuance. If the special master finds that a violation has occurred, the applicable
penalty set forth in subsection 106-67(a) shall be imposed.
SECTION 10. Codificafiion.
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 11. 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 12. Repealer.
All ordinances or
repealed.
SECTION 13. Effective
,parts of ordinances in conflict herewith be and the :same are hereby
I
PASSED and ADOPTED this 20th day of September, 2010.
This Ordinance shall take effect the 1st day of October, 2010.
..
ATTEST:
May Matti He rera Bower
~C~t, ~
Robert Parcher, City Clerk
Underline denotes additions
denotes deletions
AP AS TO
FORM & GUAGE
:~'~ & FO E TION
° , w
C~ ORNEY ~ AT
COMMISSION ITEM SUMMARY
Condensed Title: ~
An Ordinance Amending Various Sections Of The City Code With Regard To Administrative Sp',ecial Master Hearing Fees
Which Will Be Set Uniformly Via Resolution Of The City Commission.
Ke Intended Outcome Su ortedl: ',
N/A
Supporting Data (Surveys, Environmental Scan, etc.): ,
N/A i
Issue:
Shall the City Commission approve the ordinance?
Item Summa /Recommendation: ~
SECOND READING PUBLIC HEARING
This ordinance amendment was approved on first reading at the September 15, 2010 Commission Meeting. Approval of this
ordinance allows for the special master hearing fee to be set by resolution. A companion resolution is on the September 20,
2010 agenda changing the fee from $75, set in 1992, to $100.
In 1992, the special master hearing fee was set at $75. The fee has not increased in eighteen (18) years. With this in mind,
and taking into consideration the incrjease in special master staff salaries, special master compensation, and the noticing of
condominium common area violations, the Administration is recommending a fee increase.
The City Clerk's Office, in conjunction with the Office of Budget and Performance Improvement analyzed just the staffing
costs to administer the special master program. The analysis determined that the fee should be increased from $75 to $150.
Increasing the fee was discussed at the Finance and Citywide Projects Committee meeting held on August 25, 2010. After
the discussion, a motion was made to increase the fee from $75 to $100.
The Administration recommends adopting this ordinance. on second reading which allows for the special master hearing fee
to be set by resolution.
Adviso Board Recommendation: `
The Finance and Citywide Projects Committee at their August 25, 2010 meeting approved by motion an, increase to $100.
Financial Information: ~ i
Source of Funds: Amount Account
n/a 1 ~ N/A ~
Financial Im act Summa ~
Cit Clerk's Office Le islative Trac I in
Robert Parcher, extension 7411 I ~~
Sien_~ffc~
Robert Parcher,, Department.
Director Dolores Mejia, Special Projects Coordinator
~: Jorge M. -Gonzalez; City Manager
RP_ ~~~~w° DM JMG
T:\AGENDA12010\September 20\Regular\Ordinance Special Master fee Summary.doc
m MIANi!IBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vrww.miamibeachfl.goy
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City mmission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 20, 2010. E ADING PUBLIC HEARING
SUBJECT
AN ORDINANC
OF MIAMI BEA
OF THE MIAMI
SPECIAL MASS
UNIFORMLY V
PROVIDE CONS
MASTER HEA
THE CITY
"BUSINESSES
PERFORMERS ~
THEREOF; 6~
ENFORCEMENT
"ENFORCEME
AND 30-79(a)
"EMERGENCY
"ALARM SYST
AMENDING CHI
ARTICLE VI, EN
AND 46-161(d)
"PUBLIC PROP
PUBLIC RIGH
THEREOF; BY
AMENDING ARC
ENTITLED "NO
SECTIONS 86-
CHAPTER 90,
ENTITLED "P ~
AMENDING SE
102, ENTITLED
"RESORT TAX,'
BYAMENDINGI
102-384, RESP
"TRAFFIC AND
"POLICE VE ~
"NONMOTORIZ
106-220(a) AN
CODIFICATION:
E OF THE MAYOR AND CITY COMMISSION OF THE CITY
CH, FLORIDA, AMENDING THE FOLLOWING PROVISIONS
BEACH CITY CODE WITH REGARD TO ADMINISTRATIVE
TER HEARING APPEAL FEES WHICH WILL BE SET
IA RESOLUTION OF THE CITY COMMISSION, AND TO
SISTENT REFERENCES TO ADMINISTRATIVE SPECIAL
RING PROCEDURES AND APPEAL FEES THROUGHOUT
CODE, BY AMENDING CHAPTER 18, ENTITLED
" BY AMENDING ARTICLE XV, ENTITLED "STREET
AND ART VENDORS"; BY AMENDING SECTION 18-911(b)
Y AMENDING CHAPTER 30, ENTITLED "CODE
T," BY .AMENDING ARTICLE III, ENTITLED
NT PROCEDURES," BY AMENDING SECTIONS 30-72(a)
THEREOF; BY AMENDING CHAPTER 42, ENTITLED
SERVICES," BY AMENDING ARTICLE II, ENTITLED
EMS," BY AMENDING SECTION 42-91(c) THEREOF; BY
APTER 46, ENTITLED "ENVIRONMENT," BY AMENDING
TITLED "NOISE," BY AMENDING SECTIONS 46-159(b)-(c)
THEREOF; BY AMENDING CHAPTER 82, ENTITLED
ERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN
TS-OF-WAY," BY AMENDING SECTION 82-151(e)
AMENDING CHAPTER 86, ENTITLED "SALES," BY
TICLE II, ENTITLED "GARAGE SALES," AND ARTICLE III,
N-PROFIT VENDING AND DISTRIBUTION," BY AMENDING
108(b) AND 86-150(b), RESPECTIVELY; BY AMENDING
ENTITLED "SOLID WASTE," BY AMENDING ARTICLE, IV,
RIVATE WASTE COLLECTORS/CONTRACTORS," BY
CTION 90-231(b) THEREOF; BY AMENDING CHAPTER
"TAXATION," BY AMENDING ARTICLE IV, ENTITLED
' AND ARTICLE V, ENTITLED"LOCAL BUSINESS TAX,"
SECTIONS 102-322(c)(1), 102-372(a), 102-377(a)(2); AND
ECTIVELY; BY AMENDING CHAPTER 106, ENTITLED
VEHICLES," BY AMENDING ARTICLE V, ENTITLED
HICLE TOWING," AND ARTICLE X, ENTITLED
ED VEHICLES FOR HIRE," BY AMENDING SECTIONS
D 106-467(b)-(c), RESPEOTIVELY; PROVIDING ,FOR
SEVERABILITY; REPEALER; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the ordinance following a second reading, public hearing.
BACKGROUND
This ordinance amendment was approved on first reading at the September 15, 2010 Commission
Meeting. Approval of this ordinance allows for the special master hearing fee to be set by
resolution. A companion resolution will be placed on the September 20, 2010 agenda changing the
fee from $75, set in 1992, to $100.
In various chapters of the City Code, administrative procedures are provided! whereby special
masters may hear and decide cases in which violators of the City Code are prosecuted or appealed:
In 1992, the special master hearing fee was set at $75. The fee has not increased in eighteen (18)
years. With this in mind, and taking into consideration the increase in special master staff salaries,
special master compensation, and the noticing of condominium common area violations, the
Administration is recommending a fee increase. Pursuant to the City Code, the Administration is
authorized to recover all costs associated with special master hearings. The City Clerk's Office, in
conjunction with the Office of Budget and Performance Improvement analyzed just the staffing costs
to administer the special master program. The analysis determined that the fee should be increased
from $75 to $150.
Increasing the fee was discussed at the Finance and Citywide Projects Committee meeting held on
August 25, 2010. After the discussion, a motion was made to increase the fee from $75 to $100.
On second reading of this ordinance at the September 20, 2010 Special Commission Meeting, if
approved, allows for the special master fee to be set by resolution.
CONCLUSION
Considering the fact that
costs associated with the
and City Commission ap
set by resolution.
JMG/REP
ie special master fee has not increased in eighteen (18) years, while the
:proceedings have increased, the Administration recommends the Mayor
'ove this ordinance which allows for the special master hearing fee to be
T:WGENDA\2010\September 20\Regularl0rdinance Special Master fee Memo.doc
"~
SUNDAY, SEPTEMBER 5, 2010 131NE
- ~ - " ~~~ ~ ~ ' ~ l'~-1 ~1~11 B EACH
CITY OF MIAMI BEACH .
.,
`~ . ;~: , .. -: ~ NOTICE: OF A SPECIAL ... .
__- =~ . ' CITY COM•IV~ISSI~ON MEETING '-
NOTICE IS HEREBY given that a Special Commission Meeting will be held by the City Commission of the City of Miami Beach, Florida, on.Monday,
September 20, 2010 commencing at 5:00 P.M., for the following Second Reading Public Hearings in the Commission C~iambers, 3rd floor, City Ha11,170D.
Convention Center Drive, Miami Beach, Florida. In addition,'the City Commission~wiU be discussing~other Citybusiness at this meeting.
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AMENDMENTS TO BUILDING DEVELOPMENT PROCESS FEES ORDINANCE: ='"'- : ~ ~ ~
1~. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA;;AMENDING CHAPTER 14 OF THE MIAMI BEACH CITY CODE,
BYDELETING PART 1, SECTIONS 14-61 THRU 14=338 THEREOF, AMENDING SECTIONS 14-61 THROUGH 14-70; ANQAMENDING APPENDIX A, SECTIONS 14-
61(bj THROUGH 14-70(7); BY, MODIFYING. INSPECTION FEES, FOR BUILDING,, PLUMBING; ELECTRICAL; AND .MECHANICAL WORK, AND FOR OTHER BUILDING
DEPARTMENT ACTIVITIES; PROVIDING FOR REPEALER,.$EVERABILITY; CODIFICATION; ANB i4N'EFFECTIVE DATE. ~ .
Inquiries may be directed to the.Building Department a# (305) 673-7610 ' - - ~ -•- ~- ~' ~ ~ ••= ~ - • ~ '
2AN-ORDINANCE OFTHEMAYOR-AND CFII(CUMMISSION~UFMIAMI BEACH; FLORIDA, AMENDING CHAPTER•50 OF THE CITY OF MIAMI BEACH CODE, BYAMENDING
SECTIAN50-3, ENTITLED "PLANS, EX~kMINATION, INSPECTION,,PERMITS"; AND AMENDING:APPENDIX~A; ~SElrl'IONS 50-3(b) THROUGH 50=3(bb);.'BY ADDING:NEW `
_FEESAND ~MODIFYING-THE FEE SCHEUUCE`FOR FIRE~DEFARTMENT;.PROVIDING FOR REPEALER; SEVERABIL`G1Y,~CODIFICATION, AND AN;EFFECTNE DATE.
Inquiries may be directed to the Fire Department at,(305),673-7123. , ,, _ ~ ~. _. ~ _ •
~,3 AN ORDINANCE OFSHE .MAYOR;AND CLT'1~ ~COMMISSIUN~OF THE CITY~Qf.:~MI~t1CAI;BEACit, _FLQRIDA, AMENDING CHAPTER 15 OF.THE MIAMI,BEACH -Clll(. ~-.
CODE, ENTITLED "ZONING:REVIEW FEE ASSOCIATED WITH THE BUILDING-PROCESS";,AND AMENDING APPENDIX~A; SECTIONSI5-32 THROUGH.15-35' BY ADDING. `.
-NEW FEES AND MODIFYING THE•~EE SCHEDULE FQR~ZOIdIMG~IiEVIE1IV ASSOCIATI=D. WITH ~THE,BUILDING~PROC)3S; PROVIDING FOR REPEALER, SEVERA_BILIT~(,
CODIFlCATION, AND AN EFFECTNE DATE ~ ~ - " ~ ~~ _ ~~ .
Inquiries may be directed to the' Planning Department.at (305).673-7550 _ ~ ~ ~` _ ~ ~ ,
4 AN.ORDINANCE OF.THE MAYOR~AND CITY COMMISSION:OFrTHEClTY OF.MIAMI BEACH; FLORIDA,AMENDING CHAPTER 98.OFTHE-MIAMI BEACH CITY CODE,
ARTICLE Illy DMSION Z,~SEGTION 98-92, E(+1TITLED "APPLICATIbN; AMOUNT~OF DEPOSIT; :USE OF DEPOSITTOREPLACE SURFACE; PERMITFEES;"AND AMENDING.,.
APPENDIX A SECTIONS 98-52(c) THR0t1GH 98-92(e) BY ADDING NEW.FEES AND MODIFYING THE FEE SCHEDULE FOR PUBLIC; WORKS REVIEW ASSOCIATED WITH ~~ '
TWE~BUILDING PROCESS; PROVIDING FOR REPEALER,. SEVERABILITY, CODIF_JCATION, AND AN EFFECTNE DATE. _
,Inquiries may be directed to Public Works Department~at-(305) 673-7080: ~ '; ~ ~ - '°~
SPECIAL MASTER: - - - - ,
AN ORDINANCE OF fiHE MAYOR -AND CITY COMM15S10N ~OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FOLt_OWING PROVISIONS' OF THE MIAMI ~•
BF~CCH-CITY CODE WITH REGARD TO ADMINISTRATIVE"SPECIAL MASTER HEARINGAPPEAL FEES WHICH WILL BE SET~UNIFORMLY VIA RESOLUTION OFTFIE~CIlY
.COMMISSION, AND~:TO PROVIDE CONSISTENT REFERENCES "TO ADMINISTRATNE SPECIAL MASTER HEARING PROCEDURES AND. APPEAL FEE57HROUGHOUT `
THE CITY~CODE, BY AMENDING CHAPTER 18, ENTITLED "BUSINESSES," BY AMENDING ARTICLE XV; ENTITLED °STREET PERFORMERS AND ART VENDORS"; ~BY
AMENDING.SECTION 18-911 (b)JTIEREOF;:BYAMENDING CHAPTER 30, ENTt11ED-"CODE ENFORCEMENT;" BY-AMENDING ARTICLE 111, ENTITLED "ENFOROEMENT ~-
PROCEDURES," BY AMENDING.:SECTiONS 30=72(a) AND 30-79(a~ THEREOF; BY AMENDING CHAPTER 42,:ENTITLED "EMERGENCY.SERVICES,° BY AMENDING
AR~ICLE_!I, fNTITLED "ALARM<SYSTEMS,"BY~AMENDING SECTION 42-91(c) THEREOF;. BY-AMENDING CHAPTER~46, ENTITLED "ENVIRONMENT," BY AMENDING ~ ~-"
~ARTICLE.VI, .ENTITL•ED "NOISE," BY AMENDING SECTIONS 46-159(b)-(c). AND 46 1 fi?(d}THEREOF; .BY~AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY,"
:BY AMENDING ARTICLE JV, :ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING SECT101~ 82-15'f (e)•THEREOF; BYAMENDING•.CHAPTER 86, ENTITLED
"SAI:ES,°~BYAMENDING ARTICLE II, ENT1TLfD "GARAGE SALES;" AND ARTICLE III; ENTITLED. "NON-PROFITVE~IDING AND DISTRIBUTION," BYAMENDING SECTIONS ..
. 86-108(b) AND. 86-150(b),. RESPECTNELY; .BY:AMENDING ;CHAP~R 90, ENTITLED. "SOLID WASTE," BY AMENDING ARTICLE N, EM'I'TLED "PRIVATEWASTE -
'COLL'ECTORS/CONTRACTORS," BY AMENDING SECTION. 90-231(b) THEREOF;. BY I~MENDING.:CHAPTER 102,. ENT.fRED "TAXATION," BY AMENDING~ARTICLE N, .
.ENTITLED' "RESORT TAX," AND. ARTICLE V, ENTITLED tlLOCAL BUSINESS TAX,° BY AMENDING SECTIONS:102-322(c)(1),102-372{a),102-377(a~(2), AND.102-~84,
. RESPECTNELY; BYAMENDING CHAPTER.106, ENTITLED "TRAFFIC AND VEHICLES," BYAMENDING ARTICLE.V;ENTITLED "POLICE VEHICLE TO{MNG,"ANDARTICLE. -
X,ENTITLED "NONMOTORIZED VEHICLES. FOR.HIRE;°,BY AMENDING SECTIONS 106~2~0(a) AND "105-4.67(b)-(c),'flESPECTNELY; BY AMENDING CHAPTER 130,
ENTITLED "OFF-STREET PARKING;' BYAMENDING ARTICLE X,~ENTITLEU ~SUh~PLEMENTARY CONVENTION CENTER PARKING," BY AMENDING SECTION 130-286; ~ "
PROVIDING FOR CODIFICATION; SEVERABILITY; REPEALER;.ANDAN EFFECTIVE-DATE. ~ - -
INTERESTED PARTIES are invited to appear at this meeting or be represented by an ~agerd or to expr s their views in writing addressed to the City Commission
c/o the C'dy Clerk, 1700 Convention Cerrter Drive 1 ~ Floor, City Hall, Miami Beach; florida`'33139. This. meeting may- be opened and continued and under such
circumstances additional legal notice would not be pfovided. ~ ;~
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` . . ' ~ . • ~ - • 7 ~ ? - Hobert E.~Parcher, Gity.Irlerk~
:,
:v ~ - at _ _ _ - -`=City"ofN~iami.Beach~'
P.ursuant:to Section 286.0105, FL Statutes, the•Crty hereby.advises the publlc•tha#: '~~a person derides to appeal anic decision made ky the City Commission
with respect,to any matter considered at-its:meeting~or its hearing; such persoFt•must:erisure that-a verbatim fecord of the,proceedings is made,>Which~ecord
.' includes~the testimony and evidence upon`which the appeal into'be based.This- notii;e~does not constitute conserrt by the City #or the introduction or admission
vl~.othervyiselnadmissible or irrelevant evidence; no# does it authorize challenges or appeals~not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding, or tofiequest information
on access for persons with disabilities, or to request this pubNcation in accessible format; or'to request sign language interpreters, should corrtact the City Cleric's
• office at (305) 673-7411, no later than four days prior #o th.,~ proceeding. ff hearing impaired, contact the City Clerk's office via the Florida Relay Service numbers;
(800) 955=8771 (TTY) or (800) 955=8770 (VOICE. ~ ~ ~ pD # 6?A
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