Ordinance 93-2898 ORDINANCE NO. 93-2898
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CITY CODE CHAPTER 8, ENTITLED "BUILDING
REGULATIONS", AMENDING SECTION 8-5, ENTITLED
"VIOLATIONS AND PENALTIES" BY PROVIDING THAT
HEARINGS REGARDING BUSINESS LICENSE SUSPENSIONS AND
REVOCATIONS 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 hearings regarding business license suspensions and
revocations shall be decided 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 8-5.
That Section 8-5 of Miami Beach City Code Chapter 8, entitled
"Building Regulations" is hereby amended to read as follows:
Sec. 8-5. Violations and penalties.
(c) A Special Master, appointed by the City Commiacion upon
recommendation of the City Manager, as provided in Section 9B-4 of
this Code may either revoke or temporarily suspend the business
license of any person in accordance with the procedures set forth
in Chapter 20, of this code when it is determined that the licensee
is conducting business from premises which do not possess a valid
and current certificate of occupancy and/or certificate of use as
may be required by city or county laws.
* * *
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and the same are hereby repealed.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 the 25th day of
December , 1993 .
PASSED and ADOPTED this 15 d- of Decemb-)t , 1993.
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ATTEST:
t.YOR W
CITY CLERK
1st reading 11/24/93
2nd reading 12/15/93
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FORM AP"OVED
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COMMISSION MEMORANDUM NO: 62i4 -93
DATE: NOVEMBER 17, 1993
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
FROM: LAURENCE FEINGOLDc,-
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 .
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AGENDA
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