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Ordinance 93-2845ORDINANCE NO. 93-2845 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 9B, ENTITLED "CODE ENFORCEMENT", AMENDING SECTION 9B-6, ENTITLED "ENFORCEMENT PROCEDURE" BY PROVIDING THAT NOTICES REGARDING CODE VIOLATIONS AND HEARINGS REGARDING THOSE VIOLATIONS MAY BE SENT TO MORTGAGE HOLDERS AND OTHER PERSONS OR ENTITIES HAVING INTERESTS IN THE CITED PROPERTIES; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission wishes to improve the safety and appearance of properties located within the City of Miami Beach, Florida; and WHEREAS, currently only property owners or lessees in violation of City Codes are notified of code violations, hearings and potential penalties regarding such violations; and WHEREAS, the City Commission believes that properties having code violations will be brought into compliance sooner if persons and entities having interests in such properties as well as owners are notified of the violations and of hearings regarding those violations and of potential penalties enforceable against the properties. NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. 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 City ordinance or code is found, the Code Inspector shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Code Inspector shall notify a Special Master and request a hearing. The Special Master through his/her clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in Section 9B-12 to said violator. At the option of the Special Master, 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 not corrected by the time specified for correction by the Code Inspector, the case may be presented to a Special Master 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 and request a hearing. The Special Master, through 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 even if the Repeat Violation has been corrected prior 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 and request a hearing. j In addition to notifying the violator as provided in paragraphs (b), (c) and (d) herein, the Code Inspector, clerical staff or other persons designated by the City 2 Manager may also provide notice by mail or other means to the mortgage holder(s) and/or other persons or entities having an interest in the subject property. 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, 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 4. Effective Date That this ordinance shall take effect ten (10) days after its adoption, on May 1 , 1993. PASSED and ADOPTED this 21st day o ATTEST: K•rAA-C4".itt- IR0,1,%4010"ft--- CITY CLERK 1st reading 4/8/93 2nd reading 4/21/93 SWS:scf:disk3\codeproc.ord FORM AP LE A gy\ Date S 3-3f- f3 OVED EPT. 3 April a , 1993. MAYOR rn >~ U 3-+ cro v a) U (1) 0 N U CO W b o 4-1 4-1 CO • a E i-1 a) U H E U U U �+ U O 3-I 4-1 U O w W U G PU W •r1 U E crl o •r- entitled •