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Ordinance 93-2896 ORDINANCE NO. 93-2896 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 14A, ENTITLED "WASTE REMOVAL"; AMENDING SECTION 14A-31 BY PROVIDING THAT ADMINISTRATIVE APPEALS OF CITATIONS FOR VIOLATORS OF SECTIONS 14A-29, 14A-32 AND 14A-33 SHALL BE DECIDED BY A SPECIAL MASTER APPOINTED AS PROVIDED IN SECTION 9B-4 OF THE MIAMI BEACH CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the amendment provided herein is necessary to clarify that appeals from violators of Miami Beach City Code Sections 14A-29, 14A-32 and 14A-33 shall be heard by Special Masters appointed by the Chief Special Master as provided in 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 SECTION 14A-31. That Section 14A-31 of Chapter 14A of Miami Beach City Code Chapter 14A, entitled "Waste Removal" is hereby amended to read as follows: Sec. 14A-31. Appeal to Special Master. Any person receiving a notice of violation pursuant to section 14A- 29 and/or notice of fine pursuant to sections 14A-32 and/or 14A-33 may request, within fifteen (15) days of receipt of said notice, an administrative hearing before a Special Master appointed as provided in Section 9B-4 of this Code by the City Commission, upon recommendation of the City Manager, to appeal the decision of the city inspector which resulted in the issuance of the notice. Procedures and application fee for the scheduling and conduct of said hearing shall be as provided in Section 20-43 & 44 of the City Code. Failure to appeal within the prescribed time period shall constitute a waiver of the violator' s right to an administrative hearing. A waiver of the right to an administrative hearing shall be treated as an admission of the violation as noticed, and penalties may be assessed accordingly. SECTION 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. e 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 the 25th day of December 1993 . PASSED and ADOPTED this 15th . .y .,f December A , 1993. ATTEST: MAYOR � 5 r CITY CLERK 1st reading 11/24/93 2nd reading 12/15/93 SWS:scf:disk6\wastrev.ord FORM APS'ROVED L, AwlEPT. By --iiidalzkke_____447 Date • 2 _ _ _ _ 624 ty(cAum. wazoi F L O R I D A Ni4 • MC:IP iiAn D)�) LAURENCE FEINGOLD i� 4r i J '�x AT-pay_ c 6_0 btla;!' BEACH - _ __ _-L .. C _ -L_EPHONE 1' ELECOP, 3.25 :3-2--:02 COMMISSION MEMORANDUM NO: _C22_14 -93 .. DATE: NOVEMBER 17, 1993 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON FROM: LAURENCE FEINGOLD CITY ATTORNEY i'1 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 . LF:scf:memos\specmast.cm 1 2 1,C, l+ T E I r _ TEr� �-•- DATE 1• 700 COV4ENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH. FLORIDA 33139 00 N -+ !~ M "1y o N S~ N aE 0 ai ro w z .c d U z w - HCzO, a) H 0.' z o O O qqH •P4 p4 O •r U a .0 • • Cd cd • 3 • D4 b • C 0) • H H • •a .0 • H • 1) +.) • v •