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Ordinance 88-2614 ORDINANCE NO. 88-2614 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 9B OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, SECTIONS 2, 3, 6, 7 AND 8, ENTITLED "CODE ENFORCEMENT BOARD" , PROVIDING FOR REAPPOINTMENT OF BOARD MEMBERS; REVISING REQUIREMENTS FOR HEARINGS; PROVIDING STANDARDS FOR DETERMINING THE AMOUNTS OF FINES; REVISING APPELLATE PROCEDURES; PROVIDING FOR NOTICE BY PUBLICATION OR POSTING; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Sections 2 , 3 , 6, 7 and 8 of Chapter 9B of the Miami Beach City Code, entitled "CODE ENFORCEMENT BOARD", are hereby amended to read as follows: MIAMI BEACH CITY CODE CHAPTER 9B CODE ENFORCEMENT BOARD * * * * * * * * * * * * * * * * * Sec. 9B-2. Code enforcement board; organization. a) There is hereby created and established a code enforcement board to enforce the City's codes and ordinances including, but not limited to zoning, marine, property maintenance, and other related codes and ordinances and all pertinent resolutions or provisions of variances or conditional use permits heretofore or hereafter granted by the city commission, zoning board of adjustment, planning board, marine authority, property maintenance standards appeals board or other like boards. Said board shall consist of seven members appointed by a majority vote of the city commission for three year terms except as set forth herein. Members of the code enforcement board shall be residents of the City of Miami Beach. Appointments shall be made on the 1 basis of experience or interest in the fields of zoning and building control. The membership of the code enforcement board shall, whenever possible, include an architect, a businessman or businesswoman , an engineer , a general contractor, a subcontractor, and a realtor but shall not be limited to these professions. -e€- tee '9--ahal-1--be--a--tartwho-dees--ne# have--heI,--er peeeeea-airy--repretary- rrteree -irr-read--eetate- b) The initial appointments to the code enforcement board shall be as follows: 1) Two members appointed for the term to end on July 1, 1983 . 2) Three members appointed for a term to end on July 1, 1984 . 3) Two members appointed for a term to end on July 1, 1985. Upon expiration of initial terms, subsequent appointments for three years shall be made. Any member may be reappointed by the city commission Far erre arteeeaaive term.- Appointments to fill a vacancy shall be for the remainder of the unexpired term. Any member who fails to attend two of three successive meetings without cause and without prior approval of the chairman shall automatically forfeit his apppointment, and the city commission shall promptly fill such vacancy for the remainder of the term. c) Members of the code enforcement board shall elect a chairman. The presence of four or more members shall constitute a quorum. Members shall serve without compensation but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the city manager. d) The city commission shall appoint either legal counsel or a prosecutor to the code enforcement board. Sec. 9B-3. Enforcement procedures. a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes, or required conditions. No member of the board shall have the power to initiate enforcement proceedings. (b) Except as provided in subsection (c) , if a violation of any code is found, the code inspector shall notify, the violator 2 and give him reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall provide the city manager and the code enforcement board with five days' written notice, and in the absence of any affirmative action by the city manager within five days, a hearing shall be requested by the code inspector pursuant to the procedure in the following section. The code enforcement board, through its clerical staff, shall schedule a hearing, and written notice of said hearing shall be hand delivered or mailed as provided by this chapter to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Section 9B-8 of this chapter. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case ahakH may be presented to the code enforcement board even if the violation has been corrected prior to the board hearing and the notice shall so state. c) If the code inspector has reason to believe a violation presents a serious threat to the public health, safety or welfare, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing. * * * * * * * * * * * * * * * * * Sec. 9B-6. Fines; liens (a) The board upon notification by the code inspector that an order of the board has not been complied with by the set time or, upon finding that the same violation has been repeated by the same violator, may order the violator to pay a fine not to exceed two hundred fifty dollars for each day the violation continues past the date set for compliance or for each time the violation has been repeated, and a hearing shall not be necessary for issuance of the order. (b) In determining the amount of the fine, if any, the code enforcement board shall consider the following factors: 3 (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; .(3) Any previous violations committed by the violator. Ic) 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. After six months, from the filing of any such lien which remains unpaid, the board may authorize the city attorney to foreclose on the lien. Said lien will carry with it an interest rate at the maximum allowable by state statutes. Sec. 9B-7. Appeals. An aggrieved party, including the City administration may appeal a final administrative order of the code enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the code enforcement board. An appeal shall be filed within thirty days of the date-e€-the-wr4tten execution of the order to be appealed. Sec. 9B-8. Notices. a) All notices required by this chapter shall be by certified mail, return receipt requested, by hand delivery by the sheriff, a code inspector, police officer or other person designated by the City administration or by leaving the notice at the violator' s usual place of residence with some person of his family above 15 years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in subsection (a) , at the option of the code enforcement board, notice may also be served by publication or posting, as follows: 4 (1) a. Such Notice shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement board is located. The newspaper shall meet such requirements as are prescribed under chapter 50 for legal and official advertisements. b. Proof of publication shall be made as provided in Sections 50. 041 and 50. 051 of the Florida Statutes. (2) a. If there is no newspaper of general circulation in the county where the code enforcement board is located, three copies of such notice shall be posted for at least 28 days in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. b. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. 3 . Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (a) . Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a) together with proof of publicaton or posting as provided in subsection (b) , shall be sufficient to show that the notice requirements of this chapter have been met, without regard to whether or not the alleged violator actually received such notice. SECTION 2: REPEALER That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. 5 SECTION 3: SEVERABILITY If any section, subsection, sentence, phrase, clause or provision 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 4: EFFECTIVE DATE This Ordinance shall take effect 10 days after its adoption on May 28 , 1988. 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