Ordinance 93-2897 ORDINANCE NO. 93-2897
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CITY CODE CHAPTER 39, ENTITLED ',SIDEWALK
CAFES"; AMENDING SECTIONS 39-37 AND 39-41 TO
PROVIDE THAT ADMINISTRATIVE HEARINGS AND APPEALS
REGARDING VIOLATIONS SHALL BE DECIDED BY A SPECIAL
MASTER APPOINTED AS PROVIDED IN SECTION 9B-4 OF THE
CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the amendment provided herein is necessary to clarify
that administrative hearings and appeals provided for in Miami
Beach City Code Chapter 39 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 SECTION 39-37 .
That Section 39-37 of Miami Beach City Code Chapter 39,
entitled "Sidewalk Cafes" is hereby amended as follows:
Sec. 39-37 . Denial, Revocation or Suspension of Permit;
Removal and Storage Fees; Emergencies.
(3) If the Director believes that a permittee has
engaged or is engaged in conduct warranting the suspension or
revocation of the permit, he shall serve the licensee by
certified mail or hand delivery, at his business address as
disclosed in his application for the permit, a written
administrative complaint which affords reasonable notice of
facts or conduct which warrant the intended action. The
complaint shall state what is required to be done to eliminate
the violation, if any. The permittee shall be given adequate
opportunity to request a prior administrative hearing before
a Special Master appointed as provided in Section 9B-4 of this
Code = - - • g - - • • _ - , unless the Director finds that an
emergency condition exists involving serious danger to public
health, safety or welfare, in which case advance notice and
hearing shall not be required. In the case of an emergency
suspension or revocation, the licensee shall immediately be
advised of the Director' s action and afforded a prompt post-
suspension or revocation hearing in accordance with the
procedures set forth in Section 20-44 of the Miami Beach City
Code.
SECTION 2 . AMENDMENT OF SECTION 39-41.
That Section 39-41 of Miami Beach City Code Chapter 39,
entitled "Sidewalk Cafes" is hereby amended as follows:
(1) A violator who has been served with a notice of
violation shall elect either to:
(a) Pay the civil fine in the manner indicated on
the notice; or
(b) Request an administrative hearing before a
Special Master appointed as provided in
Section 9B-4 of this Code by the City
Commission to appeal the decision of the code
inspector which resulted in the issuance of
the notice of violation.
* * *
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
2
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 25th day of
December , 1993 .
PASSED and ADOPTED this 15th day • December , 1993.
ATTEST:
•
ROOMMIrryoR
CITY CLERK
1st reading 11/24/93
2nd reading 12/15/93
SWS:scf:disk6\cafe-amd.ord
FORM APPROVED
L L DEPT.
,ae,/
� G�sa ,��A�
Date Sc's_ 11-to—'3
3
6:2w
F L O R I D A
•
LAURENCE FEINGOLD \ 3�x
Ck 26
7 CC-OPINE.
._ 3-3--.7.C.2
COMMISSION MEMORANDUM NO: 02_4 -93
DATE: NOVEMBER 17, 1993
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
FROM: LAURENCE FEINGOLD
CITY ATTORNEY J
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
32
/JA
NDA
TEm
DATE 1 2- I
"GG CC\'IE\TION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH. FLORIDA 33139
rn
cpa
CYN pD
CO CrN
NC' .,-4
1 -
M
rn a) (1)
aro
a cri
z � _�
•
z w u,
NU a) a)
C7 z 'a7 W
Z O U •
O I.1 •
•
1J rxI •
O •H ca •
3 •
a) .
. .0 •
• •ri •
• co •
bO
.17 I
rl r-I al
b 4J M
>a 'H
a) ++ 1:1
cci