Ordinance 90-2709 ORDINANCE NO. 90-2709
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
REPEALING MIAMI BEACH CITY CODE CHAPTER 9B, ENTITLED
"CODE ENFORCEMENT BOARD" AND CREATING A NEW CHAPTER 9B,
ENTITLED "CODE ENFORCEMENT, PROVIDING FOR AN ALTERNATE
CODE ENFORCEMENT SYSTEM WHEREIN SPECIAL MASTERS AND CODE
ENFORCEMENT BOARDS OR BOTH ARE AUTHORIZED TO HOLD
HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL
PENALTIES AGAINST VIOLATORS OF CITY CODES AND ORDINANCES;
PROVIDING FOR APPEALS TO THE CIRCUIT COURT; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; 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That Miami Beach City Code Chapter 9B is hereby repealed.
Section 2
That a new Miami Beach City Code Chapter 9B, is hereby created to
read as follows:
CHAPTER 9B
CODE ENFORCEMENT
§ 9b-l. Intent.
§ 9B-2 . Alternate code enforcement system created.
§ 9B-3 . Definitions.
§ 9B-4 . Special Masters; appointment, duties.
§ 9B-5. Code Enforcement Board; organization.
§ 9B-6. Enforcement procedure.
§ 9B-7 . Conduct of hearings.
§ 9B-8 . Powers of Special Masters and Code Enforcement
Boards.
§ 9B-9 . Administrative fines, liens.
§ 9B-10. Duration of liens.
§ 9B-11. Appeals.
§ 9B-12 . Notices.
§ 9B-13 . Provisions of this Chapter supplemental .
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Sec. 9B-1. Intent.
.(a) It is the intent of this Chapter to promote, protect and
improve the health, safety and welfare of the citizens of the
City of Miami Beach, Florida, and to provide an equitable,
expeditious, effective and inexpensive method of enforcing
codes and ordinances in force in the City of Miami Beach where
a pending or repeat violation exists or continues to exist.
This Chapter is enacted pursuant to the authority of Chapter
162 , Florida Statutes.
(b) The City of Miami Beach Code Enforcement Boards and
Special Masters shall have jurisdiction to hear and decide
cases in which violations are alleged of any provision of the
City' s codes or ordinances.
_(c) Any alleged violation of a City code or ordinance may
also be enforced in any court of competent jurisdiction or in
any other appropriate forum as provided by law or municipal
or county ordinance.
Sec. 9B-2 . Alternate Code Enforcement system created.
The City of Miami Beach hereby creates, pursuant to
Florida Statute Chapter 162 , an alternate code enforcement
system which gives Code Enforcement Boards and Special Masters
appointed as set forth in Section 9B-4 and 9B-5 of this
Chapter, the authority to hold hearings and impose fines,
liens and other non-criminal penalties against violators of
the City's codes and ordinances.
Sec. 9B-3. Definitions.
(a) City. The City of Miami Beach, Florida.
(b) City Attorney. The legal counselor of the City of Miami
Beach or a designee from his assistants.
lc) City Commission. The legislative body of the City of
Miami Beach.
/d) City Manager. The chief administrative officer of the
City of Miami Beach.
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(e) Code Enforcement Board or Enforcement Board or Board.
Persons appointed by the City Commission to serve on a seven-
member board to enforce City codes and ordinances as provided
herein.
If) Code Inspector. Any authorized agent or employee of the
City of Miami Beach whose duty it is to assure code
compliance.
(g) Repeat Violation. A violation of a provision of a City
code or ordinance by a person whom a Code Enforcement Board
or Special Master has previously found to have violated the
same provision within 5 years prior to the current violation.
(h) Special Master. An individual authorized to hold
hearings and assess fines, liens and other non-criminal
penalties as set forth herein.
Sec. 9B-4. Special Masters; appointment, duties.
/a) Upon prior recommendation of the City Manager, the City
Commission by a majority vote may appoint Masters who shall
be authorized to hold hearings and impose fines, liens and
other non-criminal penalties against violators of City codes
and ordinances. A Special Master shall be an individual who
shall have been determined by the City Manager and City
Attorney to have the knowledge, skills and abilities to
perform as such Special Master.
(b) Except as provided elsewhere herein, Special Masters
shall have the same duties, powers, and responsibilities and
shall carry out the same functions and procedures as a Code
Enforcement Board.
(c) In cases brought before a Special Master, if the alleged
violator states that he has violated a City code or ordinance
as charged, the Special Master shall rule upon the case in the
manner set forth in Section 9B-7 herein. If a Special Master
rules upon a case, the case shall not be heard by a Code
Enforcement Board. In cases wherein the alleged violator
states that he has not violated the City code or ordinance as
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charged, the case shall be scheduled to be heard by the full
Code Enforcement Board on the next available hearing date.
Notwithstanding the above, only a Special Master shall
rule on all cases pertaining to violations of Miami Beach City
Code Chapter 14, entitled "Fire Prevention" and the codes
cited therein, and said cases shall not be heard by a Code
Enforcement Board.
.(d) Special Masters shall be appointed for a term of six
months and shall receive an hourly rate of compensation not
to exceed that paid to mediators in the court system of the
Eleventh Judicial Circuit.
Sec. 9B-5. Code Enforcement Board; organization.
fa) There is hereby established a Code Enforcement Board to
enforce the City' s codes and ordinances including provisions
of variances or conditional use permits heretofore or
hereafter granted by the Miami Beach City Commission, Zoning
Board of Adjustment, Planning Board, Property Maintenance
Standards Appeals Board and other like boards. Said Board
shall consist of seven (7) members appointed by a majority
vote of the City Commission for three (3) year terms. 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 Boards 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.
(b) Members of the current Code Enforcement Board appointed
under former City Code Chapter 9B shall serve out the
remainder of their current terms. Upon expiration of said
terms, subsequent appointments for three years shall be made.
Any member may be reappointed by the City Commission.
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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) In the event that other Code Enforcement Boards are
created by the City Commission, the initial appointments shall
be as follows:
1) Two members appointed for a term of 1 year each.
2) Three members appointed for a term of 2 years each.
3) Two members appointed for a term of 3 years each.
(d) The members of the Code Enforcement Board shall elect a
chairman, who shall be a voting member, from among the members
of the Board. 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 authorized by the City Commission or
as otherwise provided by law.
(e) The City Attorney shall either be counsel to a Code
Enforcement Board or shall represent the City by presenting
cases before the Board, but may not serve in both capacities.
Sec. 9B-6. Enforcement procedure.
(a) It shall be the duty of the Code Inspector to initiate
enforcement proceedings of the various codes and ordinances;
no Special Master or member of a Board shall have the power
to initiate such enforcement proceedings.
(b) Except as provided in subsections (c) and (d) , if a
violation of a City ordinance or code is found, the Code
Inspector shall notify the violator and give him a reasonable
time to correct the violation. Should the violation continue
beyond the time specified for correction, the Code Inspector
shall notify a Special Master or a Code Enforcement Board and
request a hearing. The Special Master or Code Enforcement
5
Board, through its clerical staff, shall schedule a hearing,
and written notice of such hearing shall be hand delivered or
mailed as provided in Section 9B-12 to said violator. At the
option of the Special Master or the Code Enforcement Board,
notice may additionally be served by publication or posting
as provided in Section 9B-12 . 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
may be presented to a Special Master or a Code Enforcement
Board even if the violation has been corrected prior to the
scheduled hearing, and the notice shall so state.
(c) If a Repeat Violation is found, the Code Inspector shall
notify the violator but is not required to give the violator
a reasonable time to correct the violation. The Code
Inspector, upon notifying the violator of a Repeat Violation,
shall notify a Special Master or a Code Enforcement Board and
request a hearing. The Special Master or Code Enforcement
Board, through its clerical staff, shall schedule a hearing
and shall provide notice pursuant to Section 9B-12 . The case
may be presented to the Special Master or Code Enforcement
Board even if the Repeat Violation has been corrected prior
to the scheduled hearing, and the notice shall so state.
(d) If the Code Inspector has reason to believe a violation
presents a serious threat to the public health, safety, and
welfare or if the violation is irreparable or irreversible in
nature, the Code Inspector shall make a reasonable effort to
notify the violator and may immediately notify the Special
Master or Code Enforcement Board and request a hearing.
Sec. 9B-7 . Conduct of hearings.
(a) Upon request of the Code Inspector or at such other times
as may be necessary, the Special Master or the chairman of the
Code Enforcement Board may call hearings. Hearings may also
be called by written notice signed by at least three members
of the Board. The Special Master or the Code Enforcement
6
Board, at any hearing, may set a future hearing date. The
Special Master or 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 Special Master' s and Board's duties.
(b) Except as provided in Section 9B-4 herein, the Special
Master or Board shall proceed to hear the cases on the agenda
for that day and 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 shall govern
said proceedings.
(c) At the conclusion of the hearing, the Special Master or
Board shall issue findings of fact based on evidence and
conclusions of law and shall issue an order affording the
proper relief consistent with the powers granted herein. The
findings of a Code Enforcement Board 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 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.
A certified copy of such order may be recorded in the public
records of the county and shall constitute notice to any
subsequent purchasers, successors in interest, or assigns if
the violation concerns real property, and the findings therein
shall be binding upon the violator and, if the violation
concerns real property, upon any subsequent purchases,
successors in interests, or assigns.
If an order is recorded in the public records pursuant
to this Section and the order is complied with by the date
specified in the order, the Special Master or Code Enforcement
7
Board shall issue an order acknowledging compliance that shall
be recorded in the public records. A hearing is not required
to issue such an order acknowledging compliance.
Sec. 9B-8. Powers of the Special Master and Code
Enforcement Board.
Each Special Master and Code Enforcement Board shall have
the power to:
(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-9. Administrative fines; liens
_(a) A Special Master or Code Enforcement Board, 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 Enforcement Board for compliance or, in the
case of a Repeat Violation, for each day the Repeat Violation
continues past the date of notice to the violator of the
Repeat Violation.
(b) A fine imposed pursuant to this Section shall not exceed
$250 per day for a first violation and shall not exceed $500
per day for a Repeat Violation.
.(c) In determining the amount of the fine, if any, the
Special Master or Code Enforcement Board shall consider the
following factors:
1) The gravity of the violation;
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2) Any actions taken by the violator to correct the
violation; and
3) Any previous violations committed by the violator.
(d) A Special Master or Code Enforcement Board may reduce a
fine imposed pursuant to this Section.
(e) 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 part
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. After 3 months from the filing of any such lien
which remains unpaid, the Enforcement Board may authorize the
City Attorney to foreclose on the lien. No lien created
pursuant to the provisions of this Chapter may be foreclosed
on real property which is a homestead under Section 4, Art.
X of the State Constitution.
Sec. 9B - 10. Duration of liens.
No lien imposed under this Chapter shall continue for a
period longer than twenty (20) years after the certified copy
of an order imposing a fine has been recorded, unless within
that time an action to foreclose on the lien is commenced in
a court of competent jurisdiction. In an action to foreclose
on a lien, the prevailing party is entitled to recover all
costs, including a reasonable attorney's fee, that it incurs
in the foreclosure. Such existing liens or liens imposed
hereafter shall be enforced by any of the methods provided in
Chapter 86, Florida Statutes, or, in the alternative,
9
foreclosure proceedings may be instituted and prosecuted under
the provisions applicable to practice, pleading, and procedure
for the foreclosure of mortgages on real estate set forth in
Florida Statutes, or may be foreclosed per Chapter 173 ,
Florida Statutes or the collection and enforcement of payment
thereof may be accomplished by any other method authorized by
law. Said lien will carry an interest rate at the maximum
allowable by state statutes. The continuation of the lien
effected by the commencement of the action shall not be good
against creditors of subsequent purchasers for valuable
consideration without notice, unless a notice of lis pendens
is recorded.
Sec. 9B-11. Appeals.
An aggrieved party, including the City administration may
appeal a final administrative order of a Special Master or
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 Special
Master or Code Enforcement Board. An appeal shall be filed
within thirty days of the execution of the order to be
appealed.
Sec. 9B-12. Notices.
(a) All notices required by this part shall be provided to
the alleged violator by certified mail, return receipt
requested, by hand delivery by the sheriff or City police
officer, Code Inspector, or other person designated by the
local governing body, or by leaving the notice at the
violator' s usual place of residence with any person residing
therein who is above 15 years of age and informing such person
of the contents of the notice.
Ib) In addition to providing notice as set forth in Sub-
section (a) , at the option of the Special Master or Code
10
Enforcement Board, notice may also be served by publication
or posting, as follows:
(1) 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 Special Master or Code Enforcement Board is located.
The newspaper shall meet such requirements as are
prescribed under Florida Statutes Chapter 50 for legal
and official advertisements. Proof of publication shall
be made as provided in Florida Statutes Sections 50. 041
and 50. 051.
(2) If there is no newspaper of general circulation in the
county where the Special Master or 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. 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.
(c) 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
publication 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.
Sec. 9B-13. Provisions of this Chapter supplemental.
None of the provisions contained in this Chapter shall be
considered exclusive. The City administration or Code Inspectors
have the option to use any method provided by law or municipal or
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county ordinance to enforce the provisions of the various City
codes, or conditions required thereunder.
Section 3. Repealer.
That all Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
Section 4 . Severability.
If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such
invalidity.
Section 5. Effective Date.
This Ordinance shall take effect on the 15th day of September
1990.
PASSED and ADOPTED this 5th day of September
1990.
40001.1°("AglIF
MAYOR
ATTEST: ORM APPROVED
LEGAL DE /
G G Li
CIT�LERK By
1st reading 7/25/90 .2 0 0
2nd reading 9/5/90 Date
(Requested by Braniard Dorris, Fire Chief)
12
•
OFFICE OF THE CITY ATTORNEY
64.
141
/ Wald
F L O R I D A
Mi of
d�\P/�4Cy�a
* MCORP PATIO P.O.BOX O
LAURENCE FEINGOLD � ,)
CITY ATTORNEY 915,a26��9 MIAMI BEACH,FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
p
COMMISSION MEMORANDUM#3�1,jj T'go -0'0
.t-a
DATE: JULY 25, 1990
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Laurence Feingold t)
City Attorney
SUBJECT: ORDINANCE REPEALING EXISTING CITY CODE CHAPTER 9B
REGARDING CODE ENFORCEMENT AND CREATING NEW CHAPTER 9B
AUTHORIZING USE OF SPECIAL MASTERS
Recent changes in State law now authorize municipalities to create
alternative systems to enforce their codes and ordinances by
utilizing appointed code enforcement boards and/or special masters.
Fire Chief Brainard Dorris has requested that the City Attorney' s
office rewrite Miami Beach City Code Chapter 9B, entitled "Code
Enforcement Board" in order to establish such an alternative system
of enforcement.
Currently, the City enforces property maintenance, zoning,
occupational license and marine code violations in its Code
Enforcement Board; fire code violations are prosecuted in the
County Court. Under the proposed new City Code Chapter 9B, the
City may continue its current enforcement procedures but will also
have the option of utilizing special masters acting alone or in
combination with the City's existing Code Enforcement Board to hold
hearings and impose fines, liens and other civil penalties for
violations of City ordinances and codes. Pursuant to the proposed
new ordinance, fire code violations may be prosecuted by special
masters or in court. As under the prior ordinance, the City
retains the power to exercise all remedies provided by law to
obtain compliance.
It is believed that the use of special masters will provide an
efficient and expeditious means of enforcement, particularly in
the area of fire code violations.
In addition to the above, Chapter 9B is also being amended to allow
Code Enforcement Board liens to be foreclosed under general
foreclosure of mortgages provisions, or pursuant to Florida Statute
Chapter 173 dealing with "Foreclosure of Municipal Liens. "
The attached proposed ordinance was the result of a requested
conference between the City Attorney and the City Manager.
LF/JKO/rg
48
AGENDA
ITEM
DATE ci' �
1700 CONVENTION CENTER DRIVE- FOURTH FLOOR - MIAMMEACH, FLORIDA 33139
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