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Ordinance 78-2110 ORDINANCE NO. 78-2110 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CREATING THE MIAMI BEACH LANDLORD AND TENANT ARBITRATION BOARD; ESTABLISH- ING ITS COMPOSITION, QUALIFICATIONS OF ITS MEM- BERS AND EMPLOYEES, LIMITING CERTAIN POLITICAL ACTIVITIES OF ITS MEMBERS AND EMPLOYEES; PROVID- ING FOR THE APPOINTMENT AND TERM OF OFFICE OF MEMBERS AND A METHOD OF FILLING VACANCIES IN THE MEMBERSHIP OF SAID BOARD; PROVIDING FOR THE RE- MOVAL OF MEMBERS FROM OFFICE AND REQUIRING THAT ANY MEMBER RESIGN PRIOR TO QUALIFICATION FOR ELECTION TO CITY OFFICE; PROVIDING FOR AN ADMIN- ISTRATIVE STAFF AND CLERICAL PERSONNEL; PROVIDING FOR OFFICERS , MEETINGS AND RULES OF PROCEDURE FOR SAID BOARD; DEFINING THE POWERS AND DUTIES OF SAID BOARD; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 : That Chapter 2, of the City Code of the City of Miami Beach be and the same is hereby amended by creating a new Article to immediately follow Article IX, which shall be desig- nated Article X, and which shall read as follows : "Sec. 2-76. Created; name. There is hereby created and established a landlord- tenant arbitration board, to be known as the Miami Beach Landlord and Tenant Arbitration Board, hereinafter re- ferred to as the "arbitration board. " Sec. 2-77. Composition; qualification of members and employees; political activities of members and employees. The arbitration board shall consist of seven members , who shall be citizens of the United States and permanent residents of Dade County, Florida. Members of the arbi- tration board shall not hold any other elective or ap- pointive public office, or become a candidate for election to any public office, or take part in any City of Miami Beach political campaign involving candidates for office, except to exercise their rights as citizens privately to express their opinions and cast their votes. Any member of the arbitration board, or any employee thereof, who announces his candidacy for public office shall be deemed to have vacated his office or position forthwith. Three members of the arbitration board shall be representative of the hotel or apartment industry or interests , three members shall be tenants, and one At-Large member who shall have no interest directly related to either group. In the absence or disqualification of a member of either the landlord or tenant groups, the members of that group, by majority vote, shall be entitled to select an ad hoc member to serve during such absence or disqualification. Any member of the arbitration board, or employee thereof, violating or failing to comply with the provisions of this article shall be deemed to have vacated his office or position. Sec. 2-78. Appointment and term of office of members; filling of vacancies. The members of the arbitration board shall be ap- pointed by a majority vote of the City Commission for a term of two years. Vacancies occurring shall be filled by xxx OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 appointment of the City Commission for the unexpired term in the same manner as the original appointment. Sec. 2-79. Removal of members from office; resignation prior to qualification for election to city office. Any member of the arbitration board may be removed from office by four-sevenths vote of the City Commission for malfeasance, misfeasance or nonfeasance in office, upon specific charges filed with the City Commission. Upon prop- er showing before the City Commission that a member of the arbitration board has failed to attend, without good cause, as many as one-fourth of the meetings of the arbi- tration board during any six month period, such member shall be subject to removal from his office as a member of the arbitration board. No member of the arbitration board shall be eligible to qualify for election to any city office unless he resigns from the board no later than ninety days prior to the first day within which he may qualify as a candidate for such elective office. Sec. 2-80. Compensation of members; administrative staff and clerical personnel. Members of the arbitration board shall serve without compensation, but sufficient funds shall be provided by the City Commission in the annual city budget for reasonable and necessary expense to be incurred by the board in the performance of its duties. The City Manager shall provide such administrative staff and clerical personnel as may be necessary to assist the board in the proper performance of its duties and functions. Sec. 2-81. Officers; meetings; rules of procedure. The members of the arbitration board shall select and designate from its members a chairman, and such other officers as may be deemed necessary, who shall serve at the pleasure of the board. All meetings of the board shall be open to the public. No action shall be taken by the board except by a majority vote of the entire member- ship provided, however, that the chairman shall vote only in the case of a tie vote by the remaining members of the board. The board may adopt rules of procedure governing its meetings and actions on matters within its jurisdiction, not inconsistent with the provisions of this article. In the event that the members of said Board are unable to select and agree upon the choice of a chairman, and such inability to agree shall appear to be prolonged and irreconcilable, such fact shall be certified to the City Commission and the City Commission shall thereupon, by majority vote, appoint and designate such chairman for such term as the City Commission shall designate. Sec. 2-82. Powers and duties. The arbitration board created by this article shall have the following powers and duties : (a) To make all necessary rules and regulations for the efficient operation of the arbitration board, in compliance with all applicable law. (b) To give a full and impartial hearing to both landlord and tenants of dwelling units who freely and voluntarily submit themselves to the authority of the board for the purpose of arbitration, and of fixing of rental charges which are in controversy between the parties, or any other matters relating to, connected with, or pertaining to the landlord-tenant relationship. -2 • OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 (c) The board shall receive requests for the invo- cation of the jurisdiction of the arbitration board by either one or both of the opposing sides of the contro- versy. When the request for assumption of jurisdiction by the board is made by the landlord and tenant jointly, such request shall be upon their written application, duly executed, wherein such landlord and tenant agree to submit to arbitration any controversy existing between them. When a request for assumption of jurisdiction by the board is made by any one party to an alleged controversy, notice of such allegation and request for the board' s assumption of jurisdiction by the complaining party shall be sent to the noncomplaining party. Such noncomplaining party will be made aware of the purpose of the arbitration board, and invited to voluntarily submit himself to the jurisdiction of the board for the purpose of settling the matter at issue. In the event the noncomplaining party elects to submit to the jurisdiction of the board, he shall execute a written application in the same manner as above set forth. Where the noncomplaining party declines to answer, or to submit to the jurisdiction of the board within ten days after notice, the complaining party will be so in- formed, and notified, in writing, that the board cannot proceed further in the complained-of matter, but that the Board will certify the fact of such declination or refusal to appear, by the absent party, and such certificate shall be delivered to the appearing party for such evidentiary use to which such certificate may be entitled in any court or other legal proceeding. (d) Parties appearing before the board are entitled to be heard, to appear without counsel, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing. (e) The hearing shall be conducted by not less than a quorum of the arbitrators, and a majority of the quorum may determine the question which is the subject of the controversy submitted to arbitration, and render a final award, which shall be binding on the parties. The award shall be in writing, and shall be signed by the arbitra- tors joining in the award. A copy of the award shall be delivered to each party to the arbitration, either per- sonally or by registered or certified mail, or as provided in the agreement. The award shall be reducible to judgment, and compliance therewith enforced in accordance with pro- visions of chapter 682, Florida Statutes , pertaining to arbitration procedures. (f) The purpose of the board shall be to achieve an amicable settlement, and establish a harmonious relationship between the parties in the controversy, respecting at all times the respective interest of the parties , and resolving such interests for the common good of the entire community. (g) It shall be unlawful for any person, landlord or tenant to resort to any conduct of a harassing or retalia- tory action or conduct toward any person for invoking the jurisdiction of the Board, or for participating in its proceedings, whether as a witness or otherwise." SECTION 2 : That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. -3- OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 SECTION 3 : That this ordinance shall go into effect upon its passage in accordance with law. PASSED and ADOPTED this 1st day of February , 1978 Mayor Attest: ./40./66.44.7.6,:z City Clerk 1st Reading - December 21 , 1977 2nd Reading - February 1 , 1978 • -4- • OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 C 0 +-1 a E L c a� 4-10 Q� c L,– Cp O QN - O to ^ L1 a L N C E Q) 1 m O -a J00 CU E Q I� Q) Q) z i-vi E — •\fr t7 O -o•- 0 O•-O CT•- O w ^ c U -a.-4- Z C C 0 Q ( to Z J•- to — C Q)-0 0 s (o•– C) .1-,4) 4-+.-. Vn • C7)C) U U C •– d-1 (1) f[) L^ (1) W CD t!) S- O (1) Um O 1)