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Ordinance 87-2561 ORDINANCE NO. 87-2561 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, ENTITLED "CODE ENFORCEMENT BOARD" , IN ITS ENTIRETY; LIMITING JURISDICTION TO ENFORCEMENT OF ZONING, MARINE, PROPERTY MAINTENANCE AND OTHER RELATED CODES; LIMITING REAPPOINTMENT OF BOARD MEMBERS TO ONE SUCCESSIVE TERM; REVISING PROCEDURES AND REQUIREMENTS FOR HEARINGS, NOTICES AND ORDERS ISSUED BY SAID BOARD; PROVIDING FOR HEARINGS FOR REPEATED VIOLATIONS; PROVIDING FOR FINES FOR REPEATED VIOLATIONS; REVISING PROVISIONS RELATING TO EFFECT AND FORECLOSURE OF LIENS; REVISING APPELLATE PROCEDURES; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: • SECTION 1: That Chapter 9B of the Miami Beach City Code be amended in its entirety to read as follows: MIAMI BEACH CITY CODE CHAPTER 9B CODE ENFORCEMENT BOARD 9B-1. Definitions. 9B-2 . Code enforcement board; organization. 9B-3 . Enforcement procedures. 9B-4. Conduct of hearing . 9B-5. Powers of the code enforcement board. 9B-6. Fines; liens 9B-7. Appeals. 9B-8 . Notices. 9B-9. Code enforcement method; option. Sec. 9B-1. Definitions. (a) City Commission. The legislative body of the City of Miami Beach. (b) Code Inspector . Any authorized agent or employee of the City of Miami Beach whose duty it is to insure code compliance. (c) City attorney. The legal counselor for the City of Miami Beach. (d) Enforcement board. The code enforcement board. -1- 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 eeettpatenaI � eense; hc� ldng; zoning, marine, property maintenance, s±gn; €tre; sari tat4ert 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, minimum hetes-ing and eemmefe al 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 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. One of the members shall be a tenant who does not have, hold, or possess any proprietary interest in real estate. (b) The initial appointments to the code enforcement board shall be as follows: (1) Two members appointed for the term to end on Juy 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 for one successive 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 appointment, 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 . -2- (d) The city commission shall appoint either legal counsel or a prosecutor to the 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 such enforcement proceedings. (b) Except as provided in subsection (c) , if a violation of any code is found , the code inspector shall notify the violator 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 . If the violation is corrected and then recurs, the case shall 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 may preeeed d4reetly to the preeeth a set €ettli in seet+en 9B-4- shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing. Sec. 9B-4. Conduct of hearing. (a) The chairman of the board may call hearings of the board. Hearings may also be called by written notice signed by at least three members of the board. The board, at a hearing, may set a future hearing date. The board 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 board' s duties. (b) The city attorney shall either be counsel to the code enforcement board or shall represent the city by presenting cases before the board, but in no case shall the city attorney serve in both capacities. -3- (c) The board shall proceed to hear the cases on the agenda for that day. The board shall take testimony from the code inspector and alleged violator . All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings. (d) At the conclusion of the hearing, the board shall issue findings of fact based on evidence and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The findings shall be by motion approved by a majority of those present and voting, except that at least four members of the board must vote for the action to be official. The reeerd shall be presented to a eeurt }€ the ender is appealed- The order may include a notice that it must be complied with by a specified date, and that a fine may be imposed if the order is not complied with by said date. Sec. 9B-5. Powers of the code enforcement board. (a) Adopt rules for the conduct of its hearings. (b) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the police department of the City of Miami Beach or the sheriff of the county. (c) Subpoena evidence. (d) Take testimony under oath. (e) Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance. Sec. 9B-6. Fines; liens The board upon notification by the code inspector that a preNletts 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 € ve hundred 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 . A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall a 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, ene year 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 e€ ten pereent as de all ether liens lmpesed by the eltp- at the maximum allowable by state statutes. -4- Sec. 9B-7. Appeals. An aggrieved party, including the City administration may appeal a tuI.ing et final administrative order of the code enforcement board by eett4eiat} to the circuit court. An appeal shall be filed within thirty days of the date of the written order to be appealed. Sec. 9B-8. Notices. All notices required by this chapter shall be by certified mail, return receipt requested, or where me}1 wetild net be effeetive by hand delivery by the a code inspector , municipal police officer or other person designated by the City administration. Sec. 9B-9. Code enforcement method; option. None of the provisions contained in this chapter shall be considered exclusive. The code enforcement officials or code inspectors shall have the' option to use any method provided by law to enforce the provisions of the various city codes, or required conditions. SECTION 2: REPEALER That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 4: EFFECTIVE DATE This Ordinance shall take effect 10 days after its adoption on April 25 , 1987 . PASSED and ADOPTED this 15th day of April 1987. 411101/r/ 4011°' id/ 'r MAYOR ATTEST: CITY CLERK 1st Reading - April 1, 1987 SWS/bcg 2nd Reading - April 15, 1987 (As amended) FORM 3/87 lotwiz 6 CSN 11 revised 4/17/87 • I / / • ® / § j y w Q § •H w @ » w G , o 0 w ® / N / ° / / ® / / / \ 0 ° \ - w ƒ\ ) m \ m w® / \ = 0 a o 0 w w = 0 o ± o 0 t o w t w = m = w = - 0 w o = = w = » o = m •w•w w o O w = , e » e -a P > e % e t o • a e t = a m o w » e o o , w 0 o -w E m o > 4J y o 0 / Q 0 ) © \ / » \ c w w r t 0 ±t » o w » U) o w = o o o o .- o w 1 z . o o w w o w ; @ o w w n « e H o = w = w m Q = w Q = - o = f t t r o o a H m - = w = _ _ _ _ . w t m e 4 w o t a = , < a co w 0 0 2 0 » e » o t o < w »\ o ) o / \ \ @ \ 2 » m t o w a » P o o w a c m Haw < aa C21 < a < w m m t » Q w w > « § o o Q .- w w o o t ± e O i m / 0 w ° / ` r / / / / ® { \ ®/ w \ w § t W ® & w w f g - o e CD 0 0 Q@ _ t 0 ; m @ _ & w 0 Q o S � c t t = w t » 0 a 0 M -H w •w P o •w H w g e (2) Q g ma • w 0 w •w w w Q » a m i w o