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Ordinance 92-2828ORDINANCE NO. 92-2828 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 9B, ENTITLED "CODE ENFORCEMENT"; PROVIDING THAT AFTER FEBRUARY 1, 1993, SPECIAL MASTERS SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE PENALTIES IN ALL NEW CASES INVOLVING VIOLATIONS OF CITY CODES AND ORDINANCES; PROVIDING THAT THE CODE ENFORCEMENT BOARD SHALL RETAIN JURISDICTION OVER ITS EXISTING OPEN CASES AND OVER ITS UNSATISFIED LIENS; CLARIFYING THAT SPECIAL MASTERS MAY AUTHORIZE THE CITY ATTORNEY TO FORECLOSE LIENS AND THAT THE CITY ATTORNEY SHALL REPRESENT THE CITY IN CASES BEFORE THE SPECIAL MASTERS; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission believes that Special Masters can most expeditiously and economically adjudicate violations of City codes and ordinances; and WHEREAS, the City Commission wishes to have the Code Enforcement Board retain jurisdiction over open cases which it has already heard and over unsatisfied liens imposed in its past and current cases. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Amendment of Section 9B-4. That Section 9B-4 of Miami Beach City Code Chapter 98, entitled "Code Enforcement" is hereby amended to read as follows: Sec. 9B-4. Special Masters; appointments, duties. (a) Upon prior recommendation of the City Manager, the City Commission by a majority vote may appoint a Chief Special Master who shall be authorized to hold hearings and impose fines, liens and other non -criminal penalties against violators of City codes and ordinances. The Chief Special Master shall be an individual who shall have been determined by the City Manager and City Attorney to have the knowledge, skills and abilities to perform as such Chief Special Master. The Chief Special Master shallalso be authorized to appoint such other Special Masters as may reasonably be required to conduct said hearings. Each Special Master so appointed shall have the knowledge, skills and abilities to perform as such. (b) Except as provided elsewhere herein, Special Masters shall have the cane duties, powers and responsibilities and shall carry out the same functions and procedures as a Code Enforcement Board set forth in this Chapter. 1 (c) In e3C3 brought before a Spccial Master, if thc allcgcd as chargcd, thc Spccial Master shall rule upon thc case in thc rules upon a case, the case shall not be herd by a Code Enforcement Board. In cases whcrcin thc allcgcd violator chargcd, thc case shall be scheduled to be herd by the full LL • Only a Special Master shall rule on all cases pertaining to violations of Miami Beach City Code Chapter 14, entitled "Fire Prevention" and the codes cited therein, and said cases shall not be heard by a Code Enforcement Board. (d) The Chief Special Master shall be appointed for a term of six months and shall receive an hourly rate of compensation in accordance with reasonable prevailing rates for Chief Special Masters and retired Circuit Court Judges in Dade County as determined by the City Manager. Other Special Masters shall be appointed for a term of six months and shall receive compensation commensurate with their abilities and experience as determined by the Chief Special Master; said rate shall be compatible with the prevailing rates for Special Masters in Dade County. L1 The City Attorney shall represent the City by presenting cases before the Special Master. Section 2. Amendment of Section 9B-5. That Section 9B-5 of Miami Beach City Code Chapter 9B, entitled "Code Enforcement" is hereby amended as follows: Sec. 9B-5. Code Enforcement Board; organization. (a) -- - -- - .: --. . The Code Enforcement Board shall be authorized to enforce the City's codes and ordinances including provisions of variances or conditional use permits heretofore or hereafter granted by the Miami Beach City Commission, Zoning Board of Adjustment, Planning Board, Property Maintenance Standards Appeals Board or other like Boards. After February 1, 1993, the Code Enforcement Board 2 shall cease to hear new cases; however, the Board shall retain jurisdiction over cases previously heard by the Board which remain open and over all unsatisfied liens imposed by it in past and current cases. Said Board shall consist of seven (7) members appointed by a majority vote of the City Commission for three (3) year terms. Members of the Code Enforcement Board shall be residents of the City of Miami Beach. Appointments shall be made on the basis of experience or interest in the fields of zoning and building control. The membership of the Code Enforcement Boards shall, whenever possible, include an architect, a businessman or businesswoman, an engineer, a general contractor, a subcontractor, and a realtor but shall not be limited to these professions. Section 3. Amendment of Section 9B-6. That Section 9B-6 of Miami Beach City Code Chapter 9B, entitled "Code Enforcement" is hereby amended to read as follows: Sec. 9B-6. Enforcement procedure. (a) It shall be the duty of the Code Inspector to initiate enforcement proceedings of the various codes and ordinances; no Special Master or member of a Board shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsections (c) and (d), if a violation of a Inspector shall time to correct City ordinance or code is found, the Code notify the violator and give him a reasonable the violation. Should the violation continue beyond the time specified for correction, the Code Inspector shall notify a Special Master or a Codc Enforcement Board and request a hearing. The Special Master or the Codc Enforcement Board, through ita his/her clerical staff, shall schedule a hearing, and written notice of such hearing delivered or mailed as provided in Section shall be 9B-12 to hand said violator. At the option of the Special Master or the Code Enforcement Board, notice may additionally be served by publication or posting as provided in Section 9B-12. If the violation is corrected and then recurs or if the violation is 3 not corrected by the time specified for correction by the Code Inspector, the case may be presented to a Special Master or a Codc Enforcement Board even if the violation has been corrected prior to the scheduled hearing, and the notice shall so state. (c) If a Repeat Violation is found, the Code Inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The Code Inspector, upon notifying the violator of a Repeat Violation, shall notify a Special Master or a Code Enforcement Board and request a hearing. The Special Master or Code Enforcement Board, through itn his/her clerical staff, shall schedule a hearing and shall provide notice pursuant to Section 9B-12. The case may be presented to the Special Master or Code Enforcement Board even if the Repeat Violation has been corrected prior to the scheduled hearing, and the notice shall so state. (d) If the Code Inspector has reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the Code Inspector shall make a reasonable effort to notify the violator and may immediately notify the Special Master or Codc Enforcement Board and request a hearing. Section 4. Amendment of Section 9B-9. That Section 9B-9 of Miami Beach City Code Chapter 9B, entitled "Code Enforcement" is hereby amended as follows: Sec. 9B-9. Administrative Costs, Fines and Liens. (f) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the Circuit court,such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part 4 shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this Section, whichever occurs first. After 3 months from the filing of any such lien which remains unpaid, the Enforcement Board or Special Master may authorize the City Attorney to foreclose on the lien. No lien created pursuant to the provisions of this Chapter may be foreclosed on real property which is a homestead under Section 4, Art. X of the State Constitution. Section 5. Review of Ordinance. The City Commission shall review and evaluate the effectiveness of this ordinance one year from its effective date. Section 6. Repealer All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 7. Severability If any section, sub -section, sentence, clause, phrase or portion of this ordinance is for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date That this ordinance shall take effect ten (10) days after its adoption, on December 26 , 1992. PASSED AND ADOPTED this 16th day o December ATTEST: Klp„\JA___ • --'&'"-13\d‘" CITY CLERK 1st reading 10/8/92 2nd reading 12/16/92 SWS:scf:\Disk3\specceb.ord FOR AP ' OVED DEPT. Date 5(4J; 2— /9 —9'z 5 , 1992. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. -719_q2., TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. Ctty Manag SUBJECT: F U�l DATE: December. 16, 1992 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 9B, ENTITLED "CODE ENFORCEMENT"; PROVIDING THAT AFTER FEBRUARY 1, 1993, SPECIAL MASTERS SHALL BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE PENALTIES IN ALL NEW CASES INVOLVING VIOLATIONS OF CITY CODES AND ORDINANCES; PROVIDING THAT THE CODE ENFORCEMENT BOARD SHALL RETAIN JURISDICTION OVER ITS EXISTING OPEN CASES AND OVER ITS UNSATISFIED LIENS; CLARIFYING THAT SPECIAL MASTERS MAY AUTHORIZE THE CITY ATTORNEY TO FORECLOSE LIENS AND THAT THE CITY ATTORNEY SHALL REPRESENT THE CITY IN CASES BEFORE THE SPECIAL MASTERS; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission adopt the attached ordinance, on second reading, which provides that after February 1, 1993, Special Masters shall hear all new cases involving violations of the City codes, and that the Code Enforcement Board shall retain jurisdiction over its existing open cases and over unsatisfied liens. BACKGROUND: Prior to 1990, the City enforced property maintenance, zoning, marine, occupational license and certificate of use code violation cases before the Code Enforcement Board. Fire Code violations were prosecuted in the County Court at that time. In September, 1990, under the authority of State law, the City Commission amended City Code Chapter 9B to authorize use of Special Masters as an alternate system for enforcing our codes (in addition to the Code Enforcement Board). Additionally, the 1990 City amendment authorized the City to begin prosecuting the complicated Fire code/Life safety violations before Special Masters. As a direct result, a multi-year backlog of over 700 fire code cases was eliminated in one year, dramatically improving the safety for thousands of people. In October, 1991, an annual expense of over $50,000 per year for an attorney to advise the Code Enforcement Board was eliminated. In May, 1992, an attorney was retained to advise the Code Enforcement Board at a dramatically reduced rate of approximately $2,000 a year. AGENDA ITEM DATE 12-1��92 In March, 1992, due to the efficiency and increased compliance with City codes, the City also began prosecuting Certificate of Use and Occupational License cases before the Special Masters. Since March, approximately 80% of the Certificate of Use and License cases have come into compliance upon receipt of a notice to appear before the Special Master. Currently, code violations of property maintenance, zoning, and marine ordinances are heard by the Code Enforcement Board. Since August, 1991, one member of this seven member board has missed 12 out of 16 meetings. Revenues collected from fines & liens imposed by the Code Enforcement Board have been: Fiscal year 1990-91 $ 206,582* Fiscal year 1991-92 $ 88,192 There was a $118,390 decrease in anticipated revenue for F.Y. '91-92 from Code Enforcement Board fines, liens, and hearing fees, despite a new ability during F.Y.'91-92 to collect a $75 administrative fee per hearing. (*the 10/21/92, Comm. Memo No. 633- 92 contained an incorrect computation) From January, 1991 to October, 1992 the number of cases scheduled before the Code Enforcement Board and Special Masters were: Code Enforcement Board - 721 Special Master - 984 Overtime pay for the Clerk of the Board was $3,276 for fiscal year 1991-92, but for the Clerk of the Special Masters it was only $108 for the same period. ANALYSIS: The primary reasons for the proposed ordinance shifting new cases from the seven member, Code Enforcement Board to the Special Masters is to improve productivity and to reduce City costs. While the Code Enforcement Board has provided a valuable service to our community, the trend in government is to utilize the more professional process of the Special Master hearings to enforce City ordinances. The Special Master hearing process has proven to be highly efficient, free of any appearance of conflict of interest, impartial, cost effective, and professional. Highly efficient Only the Special Masters have the authority to revoke an occupational license, an ultimate step, necessary to close buildings in extreme cases. Having one person listen, and ask questions, instead of seven would result in a faster hearing. This would reduce the combined cost of court reporters, and the captive time of City inspectors, the clerk, and Assistant City Attorney (who must be in attendance dur i ra the hoar. i nac, anA ars ,,_�_a.b e }o do other work during that time). Free of any appearance of conflict of interest, and impartial The Special Masters the City has utilized are individuals who do not own multiple properties in Miami Beach, and who do not have extensive political and social ties to the community. None of the Special Masters have ever mocked the Zoning ordinance by only imposing a one dollar a day fine for multiple, illegal signs. 13 Cost Effective The change would also result in additional savings by reducing supplies and overtime hours worked by the clerk to prepare agendas, and case files for one individual instead of seven board members. The proposed change would also eliminate lunches at City expense (which have been as high as $41.50 for one member) and no longer require the clerk to shop for the board's breakfast. Professional The morale of City inspectors has improved as a result of seeing cases resolved in reasonable amounts of time. Community respect for the inspectors and for the Special Master process has increased. CONCLUSION: To provide a more efficient method of hearing the above-mentioned cases the Administration recommends adoption of the proposed ordinance. RMC:REB 14 OPGIN1AL ORDINANCE 00 ?. cr u) 0 a.1 aJ o, 3 m a) •r•1 0 •H 1) 01 0.1 (i) Y, C c.) 1-1 CO a b b 41 4-1 W 4-) .a) • r-1 r -I U V •ri am 0 i-+ J u -) b .0 a 'o cv 'v r-1 4-1 C •H .1-4r-1 41 7, a) N -1 i r1 a) cd .t~ rJ U O 4.1 .0 a u N .0 U O a) .0 0 •r-4 iJ 0 •rI co 0 1-1 a •r -I U • r )4 C.' a) CU a w o iJ 0 00 1.0 o v u) O^ r. a) O 4 Rt •rl a) 1-1 r-1 1-+ U .: M b •rI 4.1 41 1.1 9r1 0 fa.. --1 1.) 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