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Ordinance 82-2307ORDINANCE NO. 82-2307 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 9B OF THE MIAMI BEACH CITY CODE, BEING THE CODE ENFORCEMENT BOARD ORDINANCE; AMENDING SECTION 9B-2 TO DEFINE JURISDICTION, DEFINE BOARD MEMBERSHIP, INCREASE MEMBERSHIP, CHANGE TERMS OF OFFICE; AMENDING SECTION 9B-3 DEFINING PROCEDURES; AMENDING SECTION 9B-4 CLARIFYING FREQUENCY OF MEETINGS; ADDING SECTION 9B-3.1 PROVIDING FOR APPEALS POWERS; AMENDING CHAPTER 17B-17 PROVIDING FOR SAME MEMBERSHIP FOR BOTH CODE ENFORCEMENT BOARD AND MINIMUM HOUSING AND COM- MERCIAL/INPAYS BOARD; REPEALING SECTIONS 17B- 18, 17B-19, 17B-20 OF CHAPTER 17B; AMENDING CHAPTER 2 - SECTION 2-1.3 PROVIDING FOR SEPARATE FUNCTIONS OF CODE ENFORCEMENT BOARD; PROVIDING FOR SEVERABILITY AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Chapter 9B - Section 9B-2 of the Code of the City of Miami Beach, Florida be and the same is hereby amended to read as follows: Sec. 9b-2. Code enforcement and minimum housing and commercial/Pr4pe�1s board; organization. (a) There is hereby created and established a code en- forcement board to enforce the occupational license, building, zoning, sign, fire, sanitation, and other re- lated 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, plan- ning board, marine authority, minimum housing and commer- cial property standards board or other like board. Said board shall consist of seven members appointed by a majority vote of the city commission, for three 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, include an architect, a businessman or businesswoman, an engineer, a general con- tractor, and subcontractor, and a realtor but shall not be limited to these professions. One of the members shall be a tenant who does not have, hold, or possess any proprietary interests in real estate. (b) The initial appointments to the o er code enforcement ry and minimum housing and commercial/Pap�'ea s board shall be as follows: (1) Two members apppointed for a term to end September 38; 1981 May 1, 1983. (2) Three members appointed for a term to end on September 38; 1982 May 1, 1984. (3) Two members appointed for a term to end on September 307 1983 May 1, 1985. Upon expiration of initial terms, subsequent appoint - OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 ments for three 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 suc- cessive meetings without cause and without prior approval of the chairman shall automatically forfeit his appoint- ment, and the city commission shall promptly fill such vacancy for the remainder of the term. (c) Members of the code enforcement and minimum housing and commercial/PW6tayls board shall elect a chairman. The presence of four or more members shall constitute a quorum. Members shall serve without compen- sation 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 either legal counsel or a prosecutor to the enforcement board. (Ord. No. 80-2232, §1.) SECTION 2. That Chapter 9B - Section 9B-3 of the Code of the City of Miami Beach, Florida be and the same is hereby amended to read as follows: Sec. 9B-3. Enforcement procedures. (a) It shall be the duty of the code inspector to ini- tiate enforcement proceedings of the various codes, or required conditions. No member of the board shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsection (c), if a viola- tion of any code is found, the code inspector shall notify the violator and give him reasonable time to cor- rect the violation. Should the violation continue beyond the time specified for correction, the code inspector shall, provide the City Manager and the c?de enforcement and minimum housing and commercial/pa° aaais board with five (5) days' written notice, and in the absence of any affirmative action by the City Manager, a hearing shall be requested by the code inspector pursuant to the procedure in the following section. (c) If the code inspector has reason to believe a vio- lation presents a serious threat to the public health, safety or welfare, the code inspector may proceed direct- ly to the procedure set forth in Section 9B-4. (Ord. No. 80-2232, § 1.) SECTION 3: That Chapter 9B - Section 9B-4 of the Code of the City of Miami Beach, Florida be and the same is hereby amended to read as follows: Sec. 9B-4. 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 twe 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 ad- ministrative personnel as may be reasonably required for the proper performance of the board's duties. -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 (b) The city attorney shall either be counsel to the code enforcement board or shall represent the city by presenting cases before the board, but in no case shall the city attorney serve in both capacities. (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 t.htee four members of the board must vote for the action to be offi- cial. The record shall be presented to a court if the order is appealed. (Ord. No. 80-2232, §1.) SECTION 4: That Chapter 9B of the Code of the City of Miami Beach, Florida be and the same is hereby amended to add Section 9B-3.1 to read as follows: Sec. 9B-3.1. Appellate powers. The members of the code enforcement board shall also serve as the minimum housing and commercial property appeals board with all the powers and duties as defined in chapter 17B of the Code of the City of Miami Beach. SECTION 5: That Chapter 17B-17 of the Code of the City of Miami Beach, Florida be and the same is hereby amended to read as follows: The city minimum housing and commercial property appeals board is hereby created and established . The beard shah eensist e€ seven members appe4nted by the e4ty eetinse+- The board shall consist of the same members as the code enforcement board as created and defined in Chapter 9-B of the Code of the City of Miami Beach. SECTION 6: That Sections 17B-18, 17B-19, 17B-20 of Chapter 17B of the Code of the City of Miami Beach are hereby repealed. SECTION 7: That Chapter 2 - Section 2-1.3 shall be amended to read as follows: Sec. 2-1.3. Serving on more than one board or commission prohibited. No person shall be appointed or elected to, or serve on, more than one board or commission of the city whether such board or commission now existing or hereafter created or constituted under the state Constitution, Act of Legislature, the Charter of the city, or any ordinance or resolution of the city council. Any person hereafter appointed or elected to and accepting to and accepting appointment or election to more than one board or commis- sion, whether appointive or elective, shall be deemed to have forfeited forthwith all appointment or election to any and all prior boards or commissions of which he shall have been a member. -3- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 Any perses new serving es mete than ene beard et eemmis- sien of the eity; hewever erected et eesstituted; shall designate in writing to the eity elerk within fifteen days e€ the effeetive date hereef the beard of eemm4ss4en tapes whfeh he desires to serve er eentinue to serve; and ripen the filing e€ stleh designation a vaeaney shall thereef be deemed to exist apes any and all ether beards et eemmissiens to whfeh he was therete€ere eppeisted et eleeted- The falltire to flle stteh designatien shall be deemed to be a ferfeittire of membership is eaeh and every beard er eemmisisen to whfeh stieh persen shall have been appeinted et eleeted- -ferd- Ne- 1846; §l-} Provided that the members of the minimum housing and com- mercial/pAWeRs board, as defined in Chapter 17b of the Code of the City of Miami Beach, shall also serve as the code enforcement board as defined in Chapter 9-B of the Code of the City of Miami Beach, thereby creating one board serving two separate functions. SECTION 8: SEVERABILITY. If any section, sub -section, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 9: REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 10: EFFECTIVE DATE. This Ordinance shall take effect 10 days after adoption on May 1 , 1982. PASSED and ADOPTED this 21st day of April , 1982. Attest: MLB:jj 1st Reading - April 6, 1982 2nd Reading - April 21, 1982 (as amended) Words underlined have been added. 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