Ordinance 94-2917 ORDINANCE NO. 94-2917
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 9B, ENTITLED
"CODE ENFORCEMENT" , AMENDING SECTION 9B-3,
ENTITLED "DEFINITIONS" BY ADDITION OF A
DEFINITION FOR "PERSON" AND BY PROVIDING THAT
THE TERM "REPEAT VIOLATION" SHALL INCLUDE
VIOLATIONS BY AN ENTITY HAVING ONE OR MORE
MANAGING OFFICERS, MAJOR SHAREHOLDERS OR
GENERAL PARTNERS IN COMMON WITH ANOTHER ENTITY
WHICH COMMITTED THE SAME VIOLATION WITHIN THE
LAST FIVE YEARS; PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Chapter 162 , Florida Statutes and Miami Beach City
Code Chapter 9B provide for enhanced fines for code violations
which are repeated within a five-year period by the same violator;
and
WHEREAS, enhanced fines for repeat violations serve as an
important deterrent to persons and entities which might otherwise
commit the same code violations on numerous occasions within a
five-year period; and
WHEREAS, under the current definition of "repeat violation" it
is possible for the same persons to commit the same violations on
repeated occasions acting through different corporations and
thereby evade enhanced penalties for repeat violations; and
WHEREAS, the revised definitions set forth herein provide that
persons who commit the same code violations on numerous occasions
through different corporations over which they exercise control may
receive enhanced penalties and may therefore be deterred from
repeating violations .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 . AMENDMENT OF SECTION 9B-3 .
That Section 9B-3 of Miami Beach City Code chapter 9B,
entitled "Code Enforcement" is hereby amended as follows :
Sec. 9B-3 . Definitions .
(a) City. The City of Miami Beach, Florida
(b) City Attorney. The legal counselor of the City of Miami
Beach or a designee from his assistants
(c) City Commission. The legislative body of the city of
Miami Beach.
(d) City Manager. The chief administrative officer of the
City of Miami Beach.
(e) Code Enforcement Board or Enforcement Board or Board.
Persons appointed by the City Commission to serve on a seven-
member board to enforce City codes and ordinances as provided
herein.
(f) Code Inspector. Any authorized agent or employee of the
City of Miami Beach whose duty it is to assure code
compliance .
(q) Person. Any individual, partnership, limited partnership,
trust , corporation, association or other such entity.
(h)4g)- Repeat violation:
1) A violation of a provision of a City code or
ordinance by a person whom a Code Enforcement Board or
Special Master has previously found to have violated the
same code provision within 5 years prior to the current
violation.
2), A violation committed by an entity which has one or
more officers, major shareholders or general partners in
common with another entity which violated the same code
provision within 5 years of the current violation. For
purposes of this section a major shareholder shall be one
who owns at least twenty-five per cent (250) of the
shares of that corporation. This paragraph shall only
apply where the common officer (s) , major shareholder (s)
or general partners are or were actively involved in the
management of the entity committing the violation at the
time when the violation occurred.
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, 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 30th day of
April , 1994 .
PASSED AND ADOPTED this 20th day of April.
iJ
ATTEST:
YOR
1-ecA„,NA
CITY CLERK
1st reading 4/6/94
2nd reading 4/20/94
(Requested by Commissioner Nancy Liebman. )
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FORM APPROVED
LEGA *T.
By
Date Su S 3
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OFFICE OF THE CITY ATTORNEY
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F L O R I D A
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LAURENCE FEINGOLD '�y��h= P O BOX O
CITY ATTORNEY MIAMI BEACH,FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO: 1 9q-94
•
DATE: April 20 , 1994
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. C TON
FROM: LAURENCE FEINGOLD
CITY ATTORNEY
SUBJECT: ORDINANCE PROVIDING THAT CODE VIOLATIONS COMMITTED BY
ENTITIES HAVING THE SAME MANAGING OFFICERS, SHAREHOLDERS
OR GENERAL PARTNERS AS OTHER ENTITIES WHICH HAVE
PREVIOUSLY COMMITTED THE SAME VIOLATIONS SHALL BE
CONSIDERED REPEAT VIOLATIONS.
Chapter 162, Florida Statutes (1993) and Miami Beach City Code
Chapter 9B relating to Code Enforcement provide for enhanced
penalties for code violations which are repeated by the same
violator. Fines of up to $500 per day may be imposed for repeat
violations as compared to a maximum penalty of $250 per day for
first time violations. Additionally, fines for repeat violations
begin on the date when a repeat violation citation is issued by the
code compliance officer rather than after adjudication by the
special master.
Under the current provisions of chapter 9B it is possible for
the same individuals acting through different corporations or
limited partnerships to repeat the same code violations without
being subject to the enhanced penalties. This occurs because a
different entity is the violator each time the violation occurs.
The attached Ordinance drafted by our office at the request of
Commissioner Nancy Liebman would correct this problem by providing
that violations committed by entities that have at least one
officer, major shareholder, or general partner in common with
another entity which has been found in violation of the same code
provision within the last five years would be considered repeat
violations and subject to the enhanced penalties.
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AGENDA
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DATE - 2.6 '9q
1700 CONVENTION CENTER DRIVE- FOURTH FLOOR -MIAMI BEACH, FLORIDA 33139
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