Ordinance 93-2841ORDINANCE NO. 93-2841
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 25, ENTITLED "OFFENSES -MISCELLANEOUS",
AMENDING SECTION 25-126, ENTITLED ',PENALTY,' BY
ESTABLISHING ENFORCEMENT PROCEDURES FOR
SECTIONS OF CHAPTER 25 WHICH PROVIDE FOR A
CIVIL PENALTY, PROVIDING THAT FINES IMPOSED
PURSUANT TO THOSE PROCEDURES SHALL CONSTITUTE
LIENS WHICH MAY BE FORECLOSED; PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS; Miami Beach City Code Chapter 25, relating to
miscellaneous offenses contains some sections which provide for
civil penalties for violations; and
WHEREAS, it is anticipated that some future amendments to
Chapter 25 may provide for civil penalties for violations; and
WHEREAS, Section 25-126 which relates to penalties for
violations of Chapter 25 needs to be updated to provide procedures
for civil enforcement of such violations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
Section 1. Amendment of Section 25-126.
That Section 25-126 of Miami Beach City Code Chapter 25 is
entitled "Offenses --Miscellaneous" is hereby amended to read as
follows:
Sec. 25-126. Penalty.
(al Unless otherwise provided herein, every person, firm,
corporation, partnership, limited partnership, association, estate,
trust or business entity which is convicted of a violation of this
chapter shall be punished by a fine not to exceed five hundred
dollars or imprisonment in the county jail for not more than thirty
days, or by both such fine and imprisonment; for a second
conviction of a violation of this division such person or entity
shall be punished by a fine not to exceed one thousand dollars or
imprisonment in the county jail not more than twelve months, or by
both such fine and imprisonment.
(b) The provisions of section 25-61.4 through 25-61.10 shall
be enforced by enforcement procedures before a Special Master,
appointed by the City Commission upon recommendation of the City
Manager the Miami Brach codc Enforcement Board as set forth in
Miami Beach City Code Chapter 9B, and penalties for violations of
said sections shall be as set forth therein.
(c) Except as provided in (b) above, enforcement of sections
of this chapter which provide for civil penalties shall be in
accordance with the following procedures:
(1) If a code inspector as defined in chapter 9B of the Miami
Beach City Code finds a violation of this article, said
inspector shall issue a notice of violation to the Violator as
provided in chapter 9B. The notice shall inform the violator
of the nature of the violation, amount of fine for which the
violator may be liable, instructions and due date for paying
the fine, notice that the violation may be appealed by
requesting an administrative hearing within twenty (20) days
after service of the notice of violation, and that failure to
do so shall constitute an admission of the violation and
waiver of the right to a hearing.
/al 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 by the City Commission upon
recommendation of the City Manager to appeal the
decision of the code inspector which resulted in
the issuance of the notice of violation.
The procedures for appeal of the notice of violation by
administrative hearing shall be as set forth in sections 20-43
40 of the Miami Beach City Code.
If the named violator after notice fails to pay the civil
fine or fails to timely request an administrative hearing
before a special master, the special master shall be informed
of such failure by report from the code inspector. Failure of
the named violator to appeal the decision of the code
inspector within the prescribed time period shall constitute
a waiver of the violator's right to administrative hearing
before a Special Master. A waiver of the right to an
2
administrative hearing shall be treated as an admission of the
violation and penalties may be assessed accordingly.
Any party aggrieved by the decision of a special master
may appeal that decision to a court of competent jurisdiction.
(3) The City of Miami Beach may institute proceedings in a
court of competent jurisdiction to compel payment of civil
fines. A certified copy of an order imposing a civil fine may
be recorded in the public records and thereafter shall
constitute a lien upon any other real or personal property
owned by the violator and it may be enforced in the same
manner as a court judgment by the sheriffs of this state,
including levy against the personal property, but shall not be
deemed to be a court judgment except for enforcement purposes.
After two (2) months from the filing of any such lien which
remains unpaid, the City of Miami Beach may foreclose or
otherwise execute on the lien.
Section 2. Severability.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
Section 3. Repealer.
That all Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
Section 4. Effective Date
This Ordinance shall take effect t (10) days after it
adoption.
PASSED and ADOPTED this 21st April
ATTEST:
CITY CLERK
1st reading 4/8/93
2nd reading 4/21/93
SWS:scf:\disk3\penalty.ord
FORM AP' -ROVED
LEG SEPT.
By
D6te 5w4. 4- I",
1993.
3
MAYOR
1.
CO
N
M
4n
w
4-)1-1
a >,
ro
U U) cJ
C1 O a
v a
o p
U 0
—1 c)
a)
• -4 U 4-1
U U) •H
4-1
U 1 a)
CO CO
CI) a)
Ca 1/40
N
•H
5 w
ro w Lr)
•r1 0 N
b0 b o0
O a) q
•rl r -I -4
b t- "CI
(1) • +) v
¢�' v ro