Ordinance 90-2723 ORDINANCE NO. 90-2723
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING MIAMI BEACH CITY CODE CHAPTER 9B, ENTITLED ',CODE
ENFORCEMENT," AMENDING SECTION 9B-3 TO INCLUDE "CHIEF
SPECIAL MASTER" WITHIN THE DEFINITION OF "SPECIAL
MASTER"; AMENDING SECTION 9B-4 BY PROVIDING FOR
APPOINTMENT OF A CHIEF SPECIAL MASTER AUTHORIZED TO HOLD
HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL
PENALTIES UPON VIOLATORS OF CITY CODES AND ORDINANCES,
AND AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS
ARE REASONABLY REQUIRED TO CONDUCT SUCH HEARINGS;
PROVIDING THAT SPECIAL MASTERS SHALL RECEIVE AN HOURLY
RATE OF COMPENSATION IN ACCORDANCE WITH REASONABLE
PREVAILING RATES IN DADE COUNTY FOR SPECIAL MASTERS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR PASSAGE AS AN
EMERGENCY MEASURE.
WHEREAS, the City Commission of the City of Miami Beach,
Florida believes that serious fire code violations of a life
threatening nature exist in many residential and commercial
establishments within the City; and
WHEREAS, the owners and other persons responsible for the
operation of many of these establishments have failed to correct
said violations when cited by the City' s Fire Department, thereby
necessitating judicial or quasi-judicial action to compel
compliance; and
WHEREAS, enforcement of said fire code violations in County
Court has not proven sufficiently expeditious to keep pace with the
volume of violations awaiting adjudication, with the result that
there currently exists a large backlog of such cases; and
WHEREAS, the continuing existence of said life threatening
fire code violations constitutes a public safety emergency in the
City of Miami Beach, and
WHEREAS, the City Commission believes that the immediate
appointment of a Chief Special Master to appoint and oversee other
Special Masters to adjudicate the existing fire code violations
within the City is necessary in order to prevent injuries and loss
of life due to fires.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
Section 1.
That Section 9B-3 of Miami Beach City Code Chapter 9B, entitled
"Code Enforcement" is hereby amended to read as follows:
Sec. 9B-3. Definitions.
(h) Special Master. An individual authorized to hold
hearings and assess fines, liens and other non-criminal
penalties as set forth herein. The term "Special Master"
shall include "Chief Special Master" .
Section 2 .
That Section 9B-4 of Miami Beach City Code Chapter 9B, entitled
"Code Enforcement" is hereby amended to read as follows:
Sec. 9B-4. Special Masters; appointment, duties.
(a) Upon prior recommendation of the City Manager, the City
Commission by a majority vote may appoint a Chief Special
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 The Chief 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 Chief Special Master.
The Chief Special Master shall also be authorized to appoint
such other Special Masters as may reasonably be required to
conduct said hearings. Each Special Master so appointed shall
have the knowledge, skills and abilities to perform as such.
(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
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
2
cited therein, and said cases shall not be heard by a Code
Enforcement Board.
(d) The Chief Special Master 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. in accordance with reasonable
prevailing rates for Chief Special Masters and retired Circuit
Court Judges in Dade County as determined by the City Manager.
Other Special Masters shall be appointed for a term of six
months and shall receive compensation commensurate with their
abilities and experience as determined by the Chief Special
Master; said rate shall be compatible with the prevailing
rates for Special Masters in Dade County.
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 immediately upon adoption as an
emergency measure.
PASSED and ADOPTED this 21st day of November
1990. i
Adel:( 1/
- •YOR
ATTEST:
t1Q,e, �,�CITY CLERK
() Passed and Adopted as an Emergency
Measure - November 21, 1990
SWS/Jal
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RECEIVED AT CITY COUISSIO
MEETING OF %• / ` I c d
OFFICE OF THE CITY ATTORNEY
W4 Ss e• Zjazd
F L O R I D A
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LAURENCE FEINGOLDs ,.,; P O BOX O
•'•� -.�'+-" MIAMI BEACH, FLORIDA 33119-2032
CITY ATTORNEY
TELEPHONE (305)873-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO. 616 ' 10
DATE: NOVEMBER 19, 1990
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Laurence Feingold .
Attorney L-1 7
City Atto y
SUBJECT: ORDINANCE AMENDING CITY CODE CHAPTER 9B PROVIDING FOR A
CHIEF SPECIAL MASTER
City Code Chapter 9B, entitled "Code Enforcement" currently
provides for the appointment of special masters to hold hearings
and assess fines regarding violations of City Codes. It is
believed that the special master system will prove more expeditious
than county courte. d:.. with rga�Y`� tothe large
Ca.a VLL.G aI.L:tY�. !i•.vv
backlog of fire code violations currently awaiting adjudication.
In order to expedite the appointment and administration of the
special master system, this ordinance provides for appointment of
a chief special master who will hold hearings and will also be
authorized to appoint other special masters as may be necessary to
handle the case load.
The ordinance also provides that the appointed special masters
shall receive an hourly rate of compensation in keeping with
reasonable prevailing rates for special masters in Dade County.
The ordinance is being passed as an emergency measure as the
large number of life-threatening fire code violations which exist
in the City constitute an imminent threat to public safety.
LF/SWS/jal
(a:\codeenf.mem)
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