Ordinance 93-2894 ORDINANCE NO. 93-2894
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 20, ENTITLED
"BUSINESS LICENSES", AMENDING SUBSECTION 20,
ENTITLED "CONSTRUCTION OF CHAPTER;
DEFINITIONS", AMENDING THE DEFINITION OF "CITY
MANAGER OR HIS/HER DESIGNEE" TO INCLUDE A
SPECIAL MASTER APPOINTED AS PROVIDED IN
SECTION 9B-4 OF THE CITY CODE; PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the amendment provided herein is necessary to clarify
that administrative hearings and appeals provided for in Chapter 20
shall be heard by Special Masters appointed by the Chief Special
Master as provided in Miami Beach City Code Section 9B-4 .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SUBSECTION 20.
That Subsection 20, entitled "Definitions" of Miami Beach City
Code Chapter 20, entitled "Business Licenses" is hereby amended to
read:
20. CONSTRUCTION OF CHAPTER; DEFINITIONS.
13 . CITY MANAGER OR HIS/HER DESIGNEE: City Manager
shall mean the City Manager of the City of Miami Beach,
Florida. His/her designee shall mean one of the City
Manager's assistants or another employee of the City of Miami
Beach designated by the City Manager to perform a function
required by this Chapter provided however, that review
required by Section 20-44 herein shall not be conducted by the
same person who performs functions pursuant to any other
Section of this Chapter. Alternatively "Designee" for
purposes of Section 20-44 may also mean a Special Master
appointed as provided in Section 9B-4 of the City Code an
indcpcndcnt Hearing Officer appointcd by resolution of the
Miami Beach City Commission to perform the review function)
oct forth thcrcin.
* * *
SECTION 2 . REPEALER.
All ordinances or parts of ordinances 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and the same are hereby repealed.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 shall not be affected by
such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on this 25th day of
December , 1993 .
PASSED and ADOPTED this 15th day of December , 1993.
)101
,
ATTEST:
MAYOR
CITY CLERK
1st reading 11/24/93
2nd reading 12/15/93
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/� -ELECOF', :. 3-2-7.02
COMMISSION MEMORANDUM NO: ` )2i4 -93
DATE: NOVEMBER 17, 1993
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
FROM: LAURENCE FEINGOLD `/„.,
CITY ATTORNEY
SUBJECT: AMENDMENT OF ORDINANCES TO ACHIEVE CONFORMITY BY
PROVIDING FOR SPECIAL MASTERS APPOINTED BY THE CHIEF
SPECIAL MASTER
Section 9B-4 of the Miami Beach City Code provides for
hearings regarding violations of City Codes and Ordinances to be
conducted by Special Masters appointed by a Chief Special Master.
The Chief Special Master is appointed by the City Commission upon
recommendation of the City Manager and City Attorney. It was the
intent that all hearings regarding violations of City Code and
Ordinances should follow this procedure.
The City also had several ordinances which once provided for
administrative hearings to be held by the City Manager or his/her
designee. (Those included appeals from noise, sidewalk cafe and
garbage violations and certificate of use/occupational license
denials/suspensions/revocations. ) The ordinances were later
amended to provide for hearings by a special master appointed by
the City Commission upon recommendation of the City Manager. The
amendments to these Ordinances were not in conformity with Section
9B-4 of the Miami Beach City Code.
By way of housekeeping, the attached amendments to those
ordinances will now provide for those administrative hearings to be
conducted by the Special Masters appointed by the City' s Chief
Special Master pursuant to City Code Section 9B-4 .
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