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Ordinance 95-2981 ORDINANCE NO. 95-2981 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-9, ENTITLED "ADMINISTRATIVE FEES; LIENS" BY REQUIRING THAT A MINIMUM FINE OF $100 PER DAY BE IMPOSED FOR ZONING VIOLATIONS INVOLVING CONSTRUCTION OR ALTERATION OF STRUCTURES WITHOUT REQUIRED CITY APPROVALS; PROVIDING A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the proliferation of construction and/or alteration of structures without required City approvals threatens the safety and welfare of citizens and neighboring property owners throughout the City of Miami Beach; and WHEREAS, pursuant to Chapter 162 , Florida Statutes and Miami Beach City Code Section 9B-9 Special Masters are permitted to impose a per diem fine of up to $250 for violations of the City' s Zoning Ordinance; and WHEREAS, there is a need to establish a minimum fine for violations involving construction/alteration of structures without required City approvals in order to deter their occurrence . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: n SECTION 1. AMENDMENT OF CITY CODE SECTION 9B-9 . That Section 9B-9 of Miami Beach City Code Chapter 9B, entitled "Code Enforcement" is hereby amended as follows : SECTION 9B-9 . ADMINISTRATIVE COSTS, FINES, AND LIENS (a) If the alleged violator is found guilty of a violation, the violator may be held liable for the reasonable costs of the Special Master or Code Enforcement Board hearings . (b) A Special Master or Code Enforcement Board, upon notification by the Code Inspector that an order previously issued in a case has not been complied with by the set time or, upon finding that a Repeat Violation has been committed, may order the violator to pay a fine in an amount specified in this Section for each day the violation continues past the date set by the Enforcement Board for compliance or, in the case of a Repeat Violation, for each day the Repeat violation continues past the date of notice to the violator of the Repeat 2 Violation. (c) A fine imposed pursuant to this Section shall not exceed $250 per day for a first violation and shall not 6 exceed $500 per day for a Repeat Violation. (d) In determining the amount of the fine, if any, the Special Master or Code Enforcement Board shall consider the following factors : 1) The gravity of the violation; 2) any actions taken by the violator to correct the violation; and 3) Any previous violations committed by the violator. (e) Notwithstanding subparagraphs (a) through (d) a minimum fine of $100 per day shall be required for violations involving construction or alteration of structures without required City approvals . (f) (c) A Special Master or Code Enforcement Board may reduce a fine imposed pursuant to this Section. (g) (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 3 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 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 4 months from the filing of any such lien which remains unpaid, the Enforcement Board 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 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 4 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. PASSED and ADOPTED this 15th day of March 1995 . Ale /1 / f ATTEST: OR q&CLE=J- CITY CLERK 1st reading 3/1/95 2nd reading 3/15/95 SWS:scf:6.Odisk8\9b-9fine.ord FORM APPROVED Legal Dept. By Date(iv 5 OFFICE OF THE CITY ATTORNEY 624 F L O R I D A ';;coo (y PO BOXO LAURENCE FEINGOLD \\ CITY ATTORNEY H mfr j " 6 \ MIAMI BEACH. FLORIDA 33119-2032 TELEPHONE(305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMORANDUM NO: 4?Q DATE: MARCH 15 , 1995 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CA$.LTON FROM: LAURENCE FEINGOLD • / / CITY ATTORNEY r SUBJECT: ORDINANCE REQUIRING MINIMUM FINE FOR CONSTRUCTION/ ALTERATION WITHOUT CITY APPROVAL The City Commission directed our office to prepare legislation increasing fines for code violations involving construction or alteration of structures without required City approvals. Currently such violations are prosecuted before the City' s Special Masters . Pursuant to Section 162 . 09 Florida Statutes and Miami Beach City Code Chapter 9B, the Special Master may impose a fine not exceeding $250 per day for Code violations . There is no required minimum fine for violations. In determining the amount of the fine, the Special Master is required to consider the following factors : 1) The gravity of the violation; 2) Any actions taken by the violator to correct the violation; and 3) Any previous violations committed, by the violator. AGENDA ITEM 1700 CONVENTION CENTER DRIVE— FOURTH FLOOR— MIAMI E DATE �3_I S- 1✓ Mayor Seymour Gelber Members of the City Commission City Manager Roger M. Carlton March 15) 1995 Page 2 The attached Ordinance requires imposition of a minimum fine of $100 per day for all violations involving construction or alteration of structures without required City approvals . The Special Master would still have discretion as provided in the statute and ordinance, to impose an appropriate per diem fine between $100 and $250 according to his/her findings based upon the evidence presented at the hearing of the matter. This minimum fine should be a deterrent to unapproved construction and alteration in our City. 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