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Ordinance 88-2602 ORDINANCE NO. 88-2602 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 7, SECTION 7-22 OF THE MIAMI BEACH CITY CODE ENTITLED "PENALTY FOR VIOLATION OF CHAPTER, REMEDIAL ENFORCEMENT PROCEDURES" ; PROVIDING FOR ENFORCEMENT PROCEDURES BEFORE THE MIAMI BEACH CODE ENFORCEMENT BOARD; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; 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 Chapter 7 , Section 7-22 of the Miami Beach City Code entitled "Penalty for violation of chapter; remedial enforcement procedures" is hereby amended to read as follows: * * * Sec. 7-22 . Penalty for violation of chapter; remedial enforcement procedures. It shall be unlawful for any person to fail to comply with the minimum standards established by this chapter, or to fail or refuse to comply with the requirements of any final order issued in accordance with the provisions of this chapter. If any person shall knowingly fail or refuse to obey or comply with, or willfully violate any of the provisions of this chapter, or any lawful final order issued hereunder, such person, shall be subject to enforcement procedures before the Miami Beach Code Enforcement Board and the penalties as set forth in the Miami Beach City Code Chapter 9B. trparr-rtrrrf3t34rr-- -stdek--o-fers ekaI-€-lae-purr el-red -lay-a-€€rte-rrot-to-ex-eeec -afe-t h ettear -d o€1-al-e-ar eeart---Baeb-day-o-€--eerrt-i-ruE --i7ri-at- --s11aa-l-l--be--o i eied--a3 -a eeparate--of-f�rrse-,--hewever---tom- pT-iseilment-- ft--o-f---tlai-s eeet i-arr-s h a 1 I-mot-bc &p -i-ea l e- ter ��tex --t-hz -c}rr3e o-1 ani-o-rr-mak e) se-a-reettrrimg-or-eertti-nu ng-vi-eati-err-on-ee-meeetr e-dlates---'Elae prate ei erre-a€-th e-elaapter,--ar - rta}-ordere- eettec -€ri-aeeor8arree with--the-prat€eSarre-e€-tk€e-eltapter--may-lae-err€oreedl-lsy- tar atory raj-trrtet arm-frr--13rapprepr4ate- -aeterr-3ne4Add4ng--erre--€er c amage- 1 As a cumulative and supplemental method of enforcing the remedial purposes of this chapter, the code enforcement officer is authorized, empowered and directed, in the event an owner or operator willfully or intentionally fails or refuses to obey or comply with the requirements of any final order issued in accordance with the provisions of this chapter ten days after date of receipt of such notice, to carry out or cause to be carried out the provisions of such final order, by taking bids and having the necessary work completed. Bids may be requested by the code enforcement officer for the work and material as a whole or for any part thereof, separately. The code enforcement officer shall follow the procedure outlined in the city code and when applicable the code enforcement officer shall have the right to reject any or all bids, and if all bids are rejected, the enforcement officer may readvertise for all or part of such work and materials, or may determine to do all or a part of the work by city forces. After compliance has been obtained, the code enforcement officer shall prepare an appropriate claim of lien against the owner, operator or property as required under the applicable law. Such claim of lien, filed of records as required, shall be dischargeable upon payment thereof in the same manner as other claims of lien of like type are discharged and satisfied. Emergencies as defined in section 7-14 herein shall not be subject to the ten-day notice provision contained herein. The code enforcement officer may instruct the city to deploy its work force in any emergency as defined in section 7-14 so as to immediately remedy the emergency condition. Such emergency work and materials shall be a lien against the owner, operator or property involved and shall subject them to the same claim of lien procedures as set forth herein. SECTION 2 . REPEALER All Ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 SECTION 3. 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 4. EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption, on February 27 , 1988 . PASSED and ADOPTED this 17th day of February 1988 . 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