Loading...
Ordinance 91-2764 ORDINANCE NO. 91-2764 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 9B, ENTITLED "CODE ENFORCEMENT", AMENDING SECTION 9B-9, ENTITLED "ADMINISTRATIVE FINES; LIENS," BY PROVIDING THAT VIOLATORS FOUND GUILTY OF VIOLATING CITY CODES MAY BE LIABLE FOR THE REASONABLE COSTS OF CODE ENFORCEMENT BOARD HEARINGS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Section 9B-9 of Miami Beach City Code, Chapter 9B, entitled "Code Enforcement" is hereby amended to read as follows: SECTION 9B-9. ADMINISTRATIVE COSTS, FINES, AND LIENS (a) If the alleged violator is found guilty of a violation, the violator may be held liable for the reasonable costs of the Special Master or Code Enforcement Board hearings. (b) A Special Master or Code Enforcement Board, upon notification by the Code Inspector that an order previously issued in a case has not been complied with by the set time or, upon finding that a Repeat Violation has been committed, may order the violator to pay a fine in an amount specified in this Section for each day the violation continues past the date set by the Enforcement Board for compliance or, in the case of a Repeat Violation, for each day the Repeat violation continues past the date of notice to the violator of the Repeat Violation. (c) A fine imposed pursuant to this Section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a Repeat Violation. (d) In determining the amount of the fine, if any, the Special Master or Code Enforcement Board shall consider the following factors: 1) The gravity of the violation; 2) Any actions taken by the violator to correct the violation; and 3) Any previous violations committed by the violator. (e) A Special Master or Code Enforcement Board may reduce a fine imposed pursuant to this Section. (f) 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 and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this Section, whichever occurs first. After 3 months from the filing of any such lien which remains unpaid, the Enforcement Board may authorize the City Attorney to foreclose on the lien. No lien created pursuant to the provisions of this Chapter may be foreclosed on real property which is a homestead under Section 4, Art. X of the State Constitution. SECTION 2 . REPEALER That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4. EFFECTIVE DATE That this ordinance shall take effect ten (10) days after its adoption, on November 2 , 1991. PASSED AND ADOPTED this 23rd day of October , 1991. VICE-MAYOR ATTEST: CITY CLERK REB:nlh FORM APPROVED LEGAL DEPT. BY s yr sem, 2 Da 10-3- 9/ 0.0. % 7/%4m 'ead QPM Els es• FLORIDA 3 3 1 3 9 /*FINCDNP�ORATE`D�*K "VA CA TIONLAND U. S. A. ,4126 OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 3/2t- 9I DATE: October 23 , 1991 TO: Mayor Alex Daoud and Members of the City Commission FROM: Carla Bernabei Talarico �` City Manager ,[ �+( 12- SUBJECT: AMENDING CODE SECTION 9B-9 (a) CODE ENFORCEMENT The majority of property owners maintain their property according to Code standards and obtain all required licenses and permits, however a few do not. Currently the law-abiding taxpayers are having to underwrite the cost of the administrative hearings before the Code Enforcement Board through the City general operating budget. The proposed ordinance provides that after a hearing before the Code Enforcement Board, if the alleged violator is found guilty, the violator may be held liable for payment of reasonable administrative costs of the hearings ADMINISTRATION RECOMMENDATION: That the City Commission adopt this ordinance. REB:tf t1 S. AGENDA ITEM DATE l 6 2 3-9/ iM • 0, Cd I-I CI) bD [A W O O a G m a) r—• ro 'TJ •r1 'd CA N .0 G 44 0 O +-1 I O a) 4- Oa) • .1 E a) ro O CD a) ro D rl U bp 'd •r1 O 4-1 • 0 .. 4-1 •H •r- W •r-1 O O C J O r4 <C 4-11a) al 4i (I) 0 ro 0 0 N (..) •r1 E •H .0 •r1 0 O z U a) >~ .0 .0 a b a z -~ ao r-I a) ro Op Ud4O ¢ •H0 3+ 0 Ry a) 0 = 'd r• a) O Pa W •1-1 +.1 +-) •r1 a) a) O O a) cd 0 +.1 CS p, 0 N •H C.) •r1 4-1 W C.) .. 0 an •H CU 0 bO'd CI) r4 4.1 • a) bD 4 0 •H r-1 ro w '0 +1 61 C)) 'd •H • •r1 I 0 t". 1-1 a) • PC) <1.) 0 a) o a) a w n c° f