Loading...
Ordinance 93-2864 ORDINANCE NO. 93-2864 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 17-D ENTITLED "ABATEMENT OF NUISANCES", SECTION 17D-3 THEREOF CONCERNING "OPERATING PROCEDURES" BY PROVIDING FOR REVIEW AND APPROVAL BY THE NUISANCE ABATEMENT BOARD OF ALL COMPLAINTS PRIOR TO THEIR DISMISSAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code Chapter 17-D entitled "Abatement of Nuisances" , Section 17D-3 entitled "Operating Procedures" is hereby amended to read as follows: Section 17D-3 . Operating Procedures. (a) Any employee, officer or resident of Dade County or of the City of Miami Beach may file a complaint and request for prosecution with the city attorney regarding the existence on premises located in Miami Beach of a public nuisance as defined in section 17D-1 after first giving not less than three days written notice of such complaint to the owner of the place or premises complained of at his last known address. (b) The city attorney, when he has received the aforesaid complaint and request for prosecution and has reason to believe that a public nuisance as defined in section 17D-1 exists on the premises complained of located in the City of Miami Beach and that the aforesaid written notice has been duly sent to the owner of the premises, shall promptly request a hearing before the nuisance abatement board. (c) Service. The Nuisance Abatement Board, through its clerk, shall schedule a hearing, and written notice of said hearing shall be sent by certified mail or hand delivered to the owner and operator(s) of the premises complained of at their last known addresses at least fourteen days prior to the scheduled hearing. If an attempt to reach the owner and operator(s) by hand delivery or certified mail is unsuccessful, notice of the hearing may be by publication as provided in Chapter 49 of the Florida Statutes. (d) The aforesaid notice of hearing shall include: (1) A statement of the time, place and nature of the hearing; (2) A statement of the legal authority and jurisdiction under which the hearing is to be held; (3) A reference to the particular sections of the statutes and ordinances involved; (4) A short and plain statement summarizing the incidents complained of. (e) No Complaint filed pursuant to Section 17D-3 (a) hereinabove shall be dismissed without the prior review and approval of the Nuisance Abatement Board. In approving any dismissal, the Nuisance Abatement Board may consider the recommendations of the Offices of the City Manager and the City Attorney. SECTION 2 . REPEALER All Ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption, on August 7 1993 . PASSED and ADOPTED this 28th day of July 1993 . frin/teL.1 VICE- MAYOR ATTEST: rJRM APPROVED LEGAL DEPT. C TY CLERK �� 1st reading 7/14/93 By 2nd reading 7/28/93 Date 3 (Requested by Commissioner Neisen Kasdin) JO/ks (a:\resord\chapl7d.ord) 3 OFFICE OF THE CITY ATTORNEY 64 14:Aani, mit% F L 0 R I D A .t tiMcoor���°''t[t;" LAURENCETF�EINGOLD ��R�i yam' MIAMI BEACH.FLORIDA 33119-2032 CITY NEY TELEPHONE(305)673-7470 q -� TELECOPY (305)673-7002 COMMISSION MEMORANDUM NO. 3 '7 ' - j J .. TO: MAYOR SEYMOUR GELBER DATE: JULY 14, 1993 MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON FROM: LAURENCE FEINGOLD l CITY ATTORNEY V 4,,,e.-1; SUBJECT: AMENDMENT TO MIAMI BEACH CITY CODE CHAPTER 17D REGARDING NUISANCE ABATEMENT BOARD -- NECESSITY FOR BOARD APPROVAL PRIOR TO DISMISSAL OF COMPLAINTS Pursuant to the request of City Commissioner Neisen Kasdin, the attached proposed Ordinance amends Chapter 17D of the Miami Beach City Code regarding Nuisance Abatement Board and provides in Section 17D-3 thereof that approval of said Board is required prior to dismissal of all complaints filed concerning nuisances under Chapter 17D. JO/ks (a:resord\nab714.cm) AGENDA ITEM - � G - DATE 7-23 - -- - - , __.sE, _ , _ _ '__JP — MiAV: ,E_, —3:= 7 _ t t;S 0 • • - cd d a) m cd 0 .0 .0 o bO PO CO a. u G 3 N ro F' •r1 a) 4J .L' •1-1 0 M U a) ro D a) Ol •rl }-i a) 0 •r1 Cl.) a) a) a) W Z • 0 o $4 ro ++ 1-= Z c.) LH = 0 .0 0 tH o CD +� i- c.7 4J aJ 0 bOa) •H (. •r1 0 C.) S- �hd d' O a >1 •r1 0 0 a" z Nb cd •r1 C H ,.0 1J a) 4r1 CO r• ou P.Z +aJ v ▪r~ b 0 .o .0 ro 0 v r� >a = 4-) • •rl _0 a) o r l bD 4-I 4 l }.+ r 4 U ro ▪ a) M ,-I Cl) a) Ori r1 a)• I r\ 0 R m (✓j n 7-1 P+44 r1 Qi _ coy as c 0 •'d