Ordinance 91-2741 ORDINANCE NO. 91-2741
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING MIAMI BEACH CITY CODE CHAPTER 9B, ENTITLED
"CODE ENFORCEMENT", AMENDING SECTION 9B-3, ENTITLED
"DEFINITIONS", BY ADDITION OF A DEFINITION FOR
CERTIFIED PROCESS SERVER, AND AMENDING SECTION 9B-
12, ENTITLED "NOTICES", TO PROVIDE THAT ALL NOTICES
REQUIRED BY CHAPTER 9B MAY BE PROVIDED TO ALLEGED
VIOLATORS BY CERTIFIED PROCESS SERVERS; 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 Section 9B-3 , Entitled "Definitions" , of Miami Beach City Code
Chapter 9B, entitled "Code Enforcement" , is hereby amended to read
as follows:
Sec. 9B-3. Definitions
(a) Certified Process Server. A person certified to serve
process pursuant to Section 48. 27, Florida Statutes.
(a) (b) City. The City of Miami Beach, Florida.
(b) (c) City Attorney. The legal counselor of the City of
Miami Beach or a designee from his assistants.
(e) (d) City Commission. The legislative body of the City of
Miami Beach.
(4) (e) City Manager. The chief administrative officer of the
City of Miami Beach.
(e) (f) 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.
(€) (g) Code Inspector. Any authorized agent or employee of
the City of Miami Beach whose duty it is to assure code compliance.
(g) (h) 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.
(Ii) (i) Special Master. An individual authorized to hold
hearings and assess fines, liens and other non-criminal penalties
as set forth herein.
1
Section 2 .
That Section 9B-12 , entitled "Notices" , of Miami Beach City
Code Chapter 9B, entitled "Code Enforcement", is hereby amended to
read as follows:
Sec. 9B-12 . Notices.
(a) All notices required by this part chapter 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 by a Certified Process Server, other person
designated by the lo al 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.
(b) In addition to providing notice as set forth in Sub-
section (a) , at the option of the Special Master or Code
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.
2
(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.
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 4th day of May
1991.
PASSED and ADOPTED this 24th day of April
1991.
At40pr
`r•YOR
ATTEST:
CITY CLERK
(Requested by Commissioner Bruce Singer)
(a:\chapter9b.ord) FORM APPROVED
1st reading 4/10/91 LEGAL DEPT.
2nd reading 4/24/91 BY61 c . 1
Date ..�..:�•��
3
s re4 • s 4 �� ..
OFFICE OF THE CITY ATTORNEY
64 ivy., „Ame, weizex
F L O R 1 D A
LAURENCE FEINGOLD .yy P.O. BOX O
CITY ATTORNEY
7,pE,`" MIAMI BEACH. FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM
No. 158-91
TO: MAYOR ALEX DAOUD and MEMBERS DATE: APRIL 10, 1991
OF MIAMI BEACH CITY COMMISSION
FROM: JOHN C. DELLAGLORIA?t
CHIEF DEPUTY CITY ATTORNEY
SUBJECT: AMENDMENT OF CITY CODE CHAPTER 9B TO PERMIT
SERVICE OF CODE ENFORCEMENT NOTICES OF CERTIFIED
PROCESS SERVERS
At the request of the Code Enforcement Committee of the Miami
Beach Chamber of Commerce and the City Administration this office
has drafted an amendment to Miami Beach City Code Chapter 9B,
entitled "Code Enforcement" to permit the use of Certified Process
Servers for service of notices required by Chapter 9B and Chapter
162, Florida Statutes. Chapter 162, Florida Statutes permits the
local governing body of a municipality to designate persons to
serve code enforcement notices. Currently Chapter 9B provides for
service of code enforcement notices by certified mail or by hand
delivery by the sheriff, a City police officer or by a code
inspector. Additionally, when other methods fail, service may be
had by newspaper publication. The amendment will provide an
additional means of obtaining service upon alleged violators when
other attempts are unsuccessful. Using certified process servers
is less expensive and more expeditious than service by publication.
JCD/SWS:jcl
Chapter9B.mem.
23
AGENDA
ITEM ,-3--49
DATE 17/-;4/-9/
7!n, HUN DENTFR DRI`/E F'` IU . iODOR — MIAMI AACH FLORIDA 33139
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