Ordinance 82-2314ORDINANCE NO. 82-2314
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 PROVIDING FOR
ELIMINATION OF DUAL CODE ENFORCEMENT AND
MINIMUM HOUSING AND COMMERCIAL PROPERTY
APPEALS BOARD, CHANGING TERMS OF OFFICE;
AMENDING SECTION 9B-3 ELIMINATING REFERENCE TO
MINIMUM HOUSING AND COMMERCIAL PROPERTY
APPEALS BOARD; REPEALING SECTION 9B-3.1
PROVIDING FOR ELIMINATION OF APPELLATE POWERS;
AMENDING CHAPTER 17B-17 PROVIDING FOR
MEMBERSHIP OF MINIMUM HOUSING AND COMMERCIAL
PROPERTY APPEALS BOARD; REENACTING SECTION
17B-18, 17B-19, 17B-20 OF CHAPTER 17B OF THE
CODE OF THE CITY OF MIAMI BEACH; AMENDING
CHAPTER 2 SECTION 2-1.3 PROVIDING FOR
ELIMINATION OF DUAL FUNCTIONS OF CODE
ENFORCEMENT BOARD; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH
AND PROVIDING FOR PASSAGE AS EMERGENCY MEASURE
EFFECTIVE IMMEDIATELY
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 minlmtim bet39ing
and eemmeee±aI prepeftp meals 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 code enforcement
and m-i4mum heus4ng and eemmei'e4a1 pfepetty appeals board
shall be as follows:
(1) Two members appointed for a term to end on Map
+; 1983 July 1, 1983.
(2) Three members appointed for a term to end on
May 1; 1984 July 1, 1984.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
(3) Two members appointed for a term to end on May
1; 1985 July 1, 1985.
Upon expiration of initial terms, subsequent appoint-
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 eemmeeelal property appeals 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
manager.
(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 code enforcement
end minimum housing and eemmeeelal property appeals board
with five (5) days' written notice, and in the absence of
any affirmative action by the City Manager within five
(5) days, 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-3.1 of the Code of the City of Miami
Beach, Florida be and the same is hereby repealed:
See.- 9B-3:17 Appellate pewers7
The members of the eede en€eeeement beard shall also
serve as the minimum housing and commercial property
appeals beard with all the pewees and duties as defined
In ehaptee 1713 of the eode of the Elty of Miami Beaeh-
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
SECTION 4:
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 board
shall consist of seven members appointed by the city
commission. The beard shall eenslsts ef the same members
as the eerie eafereement beard as created and deflaed la
Chapter 9-B ef the Cede ef the Clty ef Mlaml Beach -
SECTION 5:
That Sections 17B-18, 17B-19, 17B-20 of Chapter 17B of the Code of
the City of Miami Beach are hereby reenacted to read as follows:
Sec. 17B-18. Same - Appointment and qualifications of
members.
Members of the minimum housing and commercial property
appeals board shall be permanent residents of the city
and of good reputation and standing in the community.
Appointments shall be made by the city eetne-il commission
and shall consist of reputable professional or business
people, not less than two of whom shall be tenants who do
not have, hold or possess any proprietary interests in
real estate. The director of planning and zoning shall
be an ex officio member of the board, without vote. In
addition, the members of the board shall have the right
and duty to consult with any member of the city
administration for technical or other information
pertaining to the matters before them.
Sec. 17B-19. Same - Terms of office of members; filling
of vacancies.
All appointments to the minimum housing and commercial
property appeals board shall be for a term of three
years. Appointments to fill any vacancy on the board
shall be for the remainder of the unexpired term.
Sec. 17B-20. Same - Officers; compensation of members;
quorum; meetings; personnel to be provided by city
manager.
The members of the minimum housing and commercial
property appeals board shall elect a chairman and such
other officers as may be deemed necessary or desirable,
who shall serve at the will of the board. Four members
of the board shall constitute a quorum necessary to hold
a meeting or take any action. A majority vote of those
present at a duly constituted meeting shall be sufficient
for any other actions. Members shall serve without
compensation, but shall be entitled to be reimbursed for
necessary expenses incurred in the performance of their
official duties, upon approval by the city eetiaell
commission. The chairman shall call at least one meeting
of the board per month and further meetings may be called
by written notice signed by three members of the board.
If the board has not been notified by any applicant to
take an appeal before the board, the chairman of the
board shall have the right to cancel the required
meetings per month. Minutes shall be kept of all
meetings of the board. All meetings shall be public.
The city manager shall provide adequate and competent
clerical and administrative personnel as may be
reasonably required by the board for the proper
performance of its duties, subject to budget limitations.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
The city manager shall provide a regular meeting place
for the board.
SECTION 6:
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 commission. Any person
hereafter appointed or elected to and accepting to and
accepting appointment or election to more than one board
or commission, 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.
Prevlded that the members of the minimum heusing and eem-
meeelal appeals beard; as defined in ehaptee 1715 ef the
Eerie ef the elty ef Miami Beach; shall else serve as the
eerie enfeeeefent beard as defined in ehaptee 9-B ef the
Cede ef the City ef Miami Beaeh; thereby eeeating ene
beard serving twe separate ftlnetlens-
SECTION 7: 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 8: REPEALER.
That all Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 9: EFFECTIVE DATE.
This Ordinance is enacted as an emergency measure to take effect
immediately.
PASSED and ADOPTED this 16th day of June, 1982, as an
emergency measure.
Attest:
City Clerk
Mayor
LE,A1 Dr?T. �
MLB:jj /� £aji, 6¢
By
Words underlined have been added.
Words strtleh theetigh have been deleted.
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Rev. 6/16/82
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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