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Ordinance 91-2735 ORDINANCE NO. 91-2735 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 9B-9 OF THE MIAMI BEACH CITY CODE, SAID SECTION ENTITLED "ADMINISTRATIVE FINES; LIENS," PROVIDING FOR ADMINISTRATIVE COSTS TO BE CHARGED IN SPECIAL MASTER PROCEEDINGS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDIIING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Section 9B-9 of the Miami Beach City Code, said section entitled "Administrative Fines ; Liens" , is hereby amended to read as follows: SECTION 9B-9. ADMINISTRATIVE COSTS, FINES--, AND LIENS (a) If the alleged violator is found guilty of a violation, the violator may be held liable for the reasonable costs of the Special Master hearing. (a)112/ 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; 2) Any actions taken by the violator to correct the violation; and 3) Any previous violations committed by the violator. {-d}(e) A Special Master or Code Enforcement Board may reduce a fine imposed pursuant to this Section. (c) (f) 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. 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, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4 . EFFECTIVE DATE That this ordinance shall take effect ten (10) days after its adoption, on March 16 , 1991. PASSED AND ADOPTED this 6th day of March , 1991. ✓ / /J _ L1 V 'YOR ATTEST: CCINka.fA, 7l CITY CLERK 1st reading 2/20/91 LF:YG/yc 2nd reading 3/6/91 4YCA:\ORDIN9B.9 r3iM APPROVED 2 LEGyDEPT Ors_ l3y Late ^(51- L OFFICE OF THE CITY ATTORNEY lor 0 A tINCORPOIA7q* LAURENCE FEINGOLD P.O. BOX 0 CITY ATTORNEY MIAMI BEACH, FLORIDA 33119-2032 TELEPHONE(305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMORANDUM NO. qles-CiI TO: ALEX DAOUD, MAYOR AND CITY OF MIAMI BEACH, ME tlir OF THE COMMISSION Ir FROM: LAURENCE FEINGOLD CITY ATTORNEY DATE: FEBRUARY 13 , 1991 SUBJECT: AMENDING CODE SECTION 9B-9 ADMINISTRATIVE FINES ; LIENS. The attached ordinance providing for administrative fines and liens in Special Master proceedings is to be amended to provide for reasonable administrative costs. The subject legislation is in proper form and thus ready for Commission review. LF:YG/yc 4YCA:\MEM098.9 10 AGENDA I TEM DATE :2)- ec_.) Cl - '700 CONVENTION CENTE DPI\,E FOURTH FLOOR MIAMI BEACH, FLORIDA 33139 C.) ro r� ro ▪ b a) Pr) •r•1 bo Ln •H O c M b a O N ri W 1 " r-I : ) r- 4-1 O1 N •r-1 cn 4J 0 0 • • +J s~ ) +-1 m O N rl bA Z o s~ � •H Z z O ••' m tV 1 4-) v U Ri F O1 4) •rl W 0 Q a •r-1 o H b .1-./ 3a u ra v C.) U) +J 4-J 4-J a) cd co cn fa •H cc 0) +i b4 b CI) •H O 0 •H E ra J q -ci cd C7 4r1 cd -H • ›• c) 4) •H 0 • U 4-1 U)