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Ordinance 80-2232ORDINANCE .: 80-2232 AN ORDINANCE CREATING A CODE ENFORCEMENT BOARD IN THE CITY OF MIAMI BEACH; PROVIDING FOR DEFINITIONS, TERMS OF OFFICE, ORGANIZATION, ENFORCEMENT PROCEDURES, HEARINGS, POWERS OF THE BOARD, PENALTIES, METHOD OF APPEAL; LEGAL COUNSEL; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 1980 Florida Legislature enacted Bill #CS/HB203 which Bill created Part V of Chapter 166, Florida Statutes, enabling an incorporated municipality to create a Code Enforcement Board to promote, protect, and improve the health, safety, and welfare of the citizens of the municipality by providing an equitable, expeditious, effective and inexpensive method of enforcing the various occupational license, building, zoning, sign and related codes in force within the municipality; and WHEREAS, the City Commission of the City of Miami Beach believes it would be in the best interest of the citizens of the City of Miami Beach to establish a Code Enforcement Board to provide more effective enforcement of the Miami Beach City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1: That Miami Beach Code be and the same is hereby amended by the addition of a new Chapter 8B entitled "code Enforcement Board" to read as follows: Sec. 8B-1 Definitions. (1) "City Commission" means the legislative body of the City of Miami Beach. (2) "Code inspector" means any authorized agent or employee of the City of Miami Beach whose duty it is to insure code compliance. (3) "City attorney" means the legal counselor for the City of Miami Beach. (4) "Enforcement board" means the Code Enforcement Board. -1- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 X Sec. 8B-2. Code Enforcement Board; organization. (a) There is hereby created and established a Code Enforcement Board to enforce the occupational license, building, zoning, sign and other related codes and ordinances including but not limited to, all pertinent resolutions or provisions of variances or conditional use permits heretofore or hereafter granted by the City Commission, Zoning Board of Adjustment, Planning Board, Marine Authority, Minimum Housing and Commercial Property Standards Board or other like Board. Said Board shall consist of six (6) members appointed by a majority vote of the City Commission, for three (3) year terms except as set forth herein. 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 Board shall, whenever possible, consist of an architect, a businessman or businesswoman, an engineer, a general contractor, and subcontractor, and a realtor but shall not be limited to these professions. (b) The initial appointments to the Code Enforcement Board shall be as follows: (1) Two (2) members appointed for a term to end on September 30, 1981. (2) Two (2) members appointed for a term to end on September 30, 1982. (3) Two (2) members appointed for a term to end on September 30, 1983. Upon expiration of initial terms, subsequent appointments for three (3) years shall be made. Any member may be reappointed by the City Commission. 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) Members of the Code Enforcement Board shall elect a chairman. 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 may be authorized by the City Commission. (d) The City Commission shall appoint legal counsel to the Enforcement Board. Sec. 8B-3. Enforcement procedures. (a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes, or required conditions. No member of the Board shall have the power to initiate such enforcement proceedings. -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 (b) Except as provided in subsection (c), if a violation of any code is found, the code inspector shall notify the violator and give him reasonable time to correct the violation. Should the violation con- tinue beyond the time specified for correction, the code inspector shall notify the Code Enforcement Board and request a hearing pursuant to the procedure in the following section. Written notice shall be mailed to said violator as provided herein. (c) If the code inspector has reason to believe a violation presents a serious threat to the public health, safety or welfare, the code inspector may proceed directly to the procedure set forth in 8B- .1f Sec. 8B-. Conduct of hearing. (a) The chairman of the Board may call hearings of the Board. Hearings may also be called by written notice signed by at least three members of the Board. The Board, at any hearing, may set a future hearing date. The Board shall attempt to convene no less frequently than once every two months 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 Board's duties. (b) Each case before the Board shall be presented by the City Attorney or his authorized designee. (c) The Board shall proceed to hear the cases on the agenda for that day. The Board 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 govern said proceedings. (d) At the conclusion of the hearing, the Board shall issue findings of fact based on evidence and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The findings shall be by motion approved by a majority of those present and voting, except that at least three members of the Board must vote for the action to be official. The record shall be presented to a court,af the order is appealed. Sec. 8B-6. Powers of the Code Enforcement Board. (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. -3- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 (c) Subpoena evidence. (d) Take testimony under oath. (e) Issue order having the force of law commanding whatever steps are necessary to bring a violation into compliance. Sec. 8B-7. Fines. The Board, upon notification by the code inspector that a previous order of the Board has not been complied with by the set time, may order the violator to pay a fine not to exceed $500.00 for each day the violation continues past the date set for compliance. 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. After one (1) year from the filing of any such lien which remains unpaid, the Board may autho- rize the City Attorney to foreclose on the lien. 7 Sec. 8B--8. Appeals. An aggrieved party may appeal of the Code Enforcement Board the Circuit Court. An appeal within 30 days of the date of appealed. Sec. 8B-9. Notices. a ruling or order by certiorari to shall be filed the written order All notices required by this Ordinance shall be by certified mail, return receipt requested, or where mail would not be effective, by hand delivery by the code inspector. Sec. 8B-10. Code Enforcement method; option. None of the provisions contained in this Article shall be considered exclusive. The Code Enforcement officials or code inspectors shall have the option to use any method provided by law to enforce the provisions of the various City Codes, or required conditions. Section 2: REPEALER. That all ordinances or parts of or- dinances in conflict herewith be and the same are hereby repealed. Section 3. SEVERABILITY. If any section, subsection, clause, or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 4. CODIFICATION. It is the intention of the City Commission of the City of Miami Beach that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The Sections of this Ordinance may be renumbered or relettered to accomplish such intention and the word "Ordinance" may be changed to "Section," "Article," or other -4- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 appropriate word as the Codifier may deem fit. This Ordinance shall become effective upon its passage in accordance with law. PASSED and ADOPTED this 15th day of October , 1980. Attest: 4%6k:I ity Clerk 1st Reading - October 1, 1980 2nd Reading - October 15, 1980 LTA/jb 9/18/80 OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 -5- FORM ^ 7Rn t I" [ t`FY'rE7' LEG/V._ By I - Data x g , (C1 CU m I ri o ^ a) CL ro G �J >i G •r1 1.1 0O G O 0 (1) N CA $-1 G E •H N 0 H U .P 13.0 M W 1-J $4 1J a) N rl O r-I N 1J G 4-1 4-1 1 G G 0 r-I z a)- ^ 1 a. H U G G P. 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