Ordinance 2000-3273 ORDINANCE NO. 2000-3273
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE III,
ENTITLED "AGENCIES, BOARDS AND COMMITTEES" OF MIAMI
BEACH CITY CODE CHAPTER 2, ENTITLED "ADMINISTRATION"
AND ARTICLE IV, ENTITLED "CRIMINAL NUISANCES" OF MIAMI
BEACH CITY CODE CHAPTER 70, ENTITLED "MISCELLANEOUS
OFFENSES"; EXPANDING THE DEFINITION OF PUBLIC NUISANCE;
AMENDING PENALTIES ON PLACES DECLARED PUBLIC
NUISANCES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to section 893.138, Florida Statutes, the City of Miami Beach has
created and established a Nuisance Abatement Board to hear evidence of criminal public
nuisances in the city; and
WHEREAS, the City's Nuisance Abatement Board ordinances are hereby amended to
reflect recent amendments to Section 893.138, Florida Statutes; and
WHEREAS, the Nuisance AbateIllent Boaid will be mule effective and efficient in its
ellfoiceiIlellt of public nuisance violations by dec:leasiiig the 11u111bei of I11eillbeis appointed to the
Boaid.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 2-190.56 , entitled " Organization" of Miami Beach City Code
Article III, entitled " Agencies, Boards and Committees" of Miami Beach City Code Chapter 2,
entitled " Administration" is hereby amended to read as follows:
Section 2-190.56. Organization
There is created and established a nuisance abatement board to hear evidence relating to the
existence of public nuisances as defined in Section 70-181 on premises located in the
city. The board shall consist of five members appointed by a majority vote of the city
commission, for two- year terms, except as set forth in section 2-109.29. Members of the
nuisance abatement board shall be persons who reside or maintain a business establishment in the
city. Membership on the board shall include one representative from each of the following areas
of the city:
(1) South of 22nd Street;
(2) 22nd Street to 55th Street; and
(3) 55th Street to 87th Terrace.
The ehairmitn chairperson of the board shall be an attorney duly licensed by the state with trial
experience.
SECTION 2. That section 2-190.58, entitled " Quorum; compensation" of Miami Beach City
Code Article III , entitled " Agencies, Boards and Committees " of Miami Beach City Code
Chapter 2 , entitled "Administration " is hereby amended to read as follows:
Sec. 2-190.58. Quorum; compensation
(a) The presence of three or more members of the board shall constitute a quorum.
SECTION 3. That Section 70-181, entitled " Definitions" of Miami Beach City Code Article
IV, entitled " Criminal Nuisances" of Miami Beach City Code Chapter 70, entitled
"Miscellaneous Offenses" is hereby amended to read as follows:
Sec. 70-181. Definitions.
The following words,terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Board means the nuisance abatement board.
Clerk means a person appointed by the city commission to perform the clerical duties
necessary to carry out the activities of the nuisance abatement board.
Operator means a tenant, lessee or person having control or possession of a premises.
Owner means a person having title to a premises that is a public nuisance.
Public nuisance means a place or premises within the city that may be declared a nuisance
according to F.S. s. 823.05 or 823.10, or that has been used on more than two occasions within a
six-month period:
(1) As the site of the unlawful sale or delivery or storage of controlled substances as
defined in F.S. ch. 893;
(2) By a youth and criminal street gang for the purpose of conducting a pattern of youth
and criminal street gang activity as defined by state law;
(3) For prostitution or solicitation of prostitution;
(4) For illegal gambling;or
(5) For illegal sale or consumption of alcoholic beverages. -;-or
(6) For dealing in stolen property.
SECTION 4. That Section 70-232 (b), (c), (d), (g), entitled " Conduct of hearings" of Miami
Beach City Code Article IV, entitled " Criminal Nuisances" of Miami Beach City Code Chapter
70, entitled "Miscellaneous Offenses" is hereby amended as follows:
Sec. 70-232. Conduct of hearings.
(b) The chairman of the board may call hearings of the board. Hearings may also be called by
written notice signed by at least three members of the board. The board, at a hearing, may
set a future hearing date. The board shall attempt to convene once every
month but may meet more or loss often as the demand necessitates. The board shall adopt rules
for the conduct of its hearing. Minutes shall be kept of all hearings, and all hearings shall be
open to the public. The city shall provide clerical and administrative personnel as may be
reasonably required for the proper performance of the board's duties.
(c) After considering all evidence, the board may declare the place or premises to be a
public nuisance and may enter an order immediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place or premises;er , including the closure of
the place or premises or any part thereof or
(3) The conduct, operation or maintenance of any business or activity on the premises
conducive to such nuisance.
(e) If the board issues an order declaring a place or premises to be a public nuisance, the
board may assess against the owner of the place or premises a fine not to exceed Two Hundred
Fifty and 00/100 Dollars ( $250.00) per day that the nuisance continues and up to Five Hundred
and 00/100 Dollars ( $500.00)per day for recurring public nuisances on the place or premises as
defined in Section 70-181. The total fines imposed shall not exceed Seven Thousand Five
. - :: e: - , ::.:: Fifteen Thousand and 00/100 Dollars ( $15.000.00). A
certified copy of an order imposing these fines shall be recorded in the public records and
thereafter shall constitute a lien in the same manner as set forth in subsection(d) of this
section.
(g) All orders of the board shall be by motion approved by a majority of those members
present and voting, - -- ; - - ; -;- -- -- - - - - : - - :: -- .- . ; - .- ; , - -
action to be official.
SECTION 5. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the Code
of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or
relettered to accomplish such intention, and the word " ordinance" may be changed to " section ",
" article", or other appropiate word.
SECTION 8. EFFECTIVE DATE
This Ordinance shall take effect on the28th day of October , 2000.
PASSED AND ADOPTED this 18th day of October , 2000.
MAYOR
ATTEST:
(6,0 aectiLct._.____ •APPROVED AS TO
CITY CLERK FORM& LANGUAGE
. OR EXECUTION
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House Bill 0065er
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1
2 An act relating to local governments; amending
3 s. 893. 138, F.S. ; authorizing local governments
4 to take local administrative action to declare
5 certain buildings and premises to be a public
6 nuisance when the building or premises is used
7 to deal in stolen property; providing for
8 notice of certain property owners with multiple
9 tenants; providing a fine; providing an
10 effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Section 893. 138, Florida Statutes, is
15 amended to read:
16 893. 138 Local administrative action to abate
17 drug-related, tri., prostitution-related, or
18 stolen-property-related public nuisances and criminal street
19 gang activity.--
20 (1) It is the intent of this section to promote,
21 protect, and improve the health, safety, and welfare of the
22 citizens of the counties and municipalities of this state by
23 authorizing the creation of administrative boards with
24 authority to impose administrative fines and other noncriminal
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25 penalties in order to provide an equitable, expeditious,
26 effective, and inexpensive method of enforcing ordinances in
27 counties and municipalities under circumstances when a pending
28 or repeated violation continues to exist.
29 (2) Any place or premises that has been used on morc
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1 (a) On more than two occasions within a 6-month
2 period, as the site of a violation of s. 796.07;
3 (b) On more than two occasions within a 6-month
4 period, as the site of the unlawful sale, delivery,
5 manufacture, or cultivation of any controlled substance;
6 (c) On one occasion as thessite of the unlawful
7 possession of a controlled substance, where such possession
8 constitutes a felony and that has been previously used on more
9 than one occasion as the site of the unlawful sale, delivery,
10 manufacture, or cultivation of any controlled substance; et.
11 • (d) Any place or building uccd By a criminal street
12 gang for the purpose of conducting a pattern of criminal
13 street gang activity as defined by s. 874 .03; or
14 (e) On more than two occasions within a 6-month
15 period, as the site of a violation of s. 812.019 relating to
16 dealing in stolen property
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18 may be declared to be a public nuisance, and such nuisance may
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19 be abated pursuant to the procedures provided in this section.
20 (3) Any county or municipality may, by ordinance,
21 create an administrative board to hear complaints regarding
22 the nuisances described in subsection (2) . Any employee,
23 officer, or resident of the county or municipality may bring a
24 complaint before the board after giving not less than 3 days'
25 written notice of such complaint to the owner of the place or
26 premises at his or her last known address. After a hearing in
27 which the board may consider any evidence, including evidence
28 of the general reputation of the place or premises, and at
29 which the owner of the premises shall have an opportunity to
30 present evidence in his or her defense, the board may declare
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1 the place or premises to be a public nuisance as described in
2 subsection (2) .
3 (4) If the board declares a place or premises to be a
4 public nuisance, it may enter an order requiring the owner of
5 such place or premises to adopt such procedure as may be
6 appropriate under the circumstances to abate any such nuisance
7 or it may enter an order immediately prohibiting:
8 (a) The maintaining of the nuisance;
9 (b) The operating or maintaining of the place or
10 premises, including the closure of the place or premises or
11 any part thereof; or
12 (c) The conduct,`operation, or maintenance of any
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13 business or activity on the premises which is conducive to
14 such nuisance.
15 (5) An order entered under subsection (4) shall expire
16 after 1 year or at such earlier time as is stated in the
17 order.
18 (6) An order entered under subsection (4) may be
19 enforced pursuant to the procedures contained in s. 120.69.
20 This subsection does not subject a municipality that creates a
21 board under this section, or the board so created, to any
22 other provision of chapter 120.
23 (7) The board may bring a complaint under s. 60.05
24 seeking temporary and permanent injunctive relief against any
25 nuisance described in subsection (2) .
26 (8) This section does not restrict the right of any
27 person to proceed under s. 60.05 against any public nuisance.
28 (9) As used in this section, the term "controlled
29 substance" includes any substance sold in lieu of a controlled
30 substance in violation of s. 817.563 or any imitation
31 controlled substance defined in s. 817 .564 .
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1 (10) The provisions of this section may be
2 supplemented by a county or municipal ordinance. The
3 ordinance may include, but is not limited to, provisions that
4 establish additional penalties for public nuisances, including
5 fines not to exceed $250 per day; provide for the payment of
6 reasonable costs, including reasonable attorney fees
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7 associated with investigations of and hearings on public
8 nuisances; provide for continuing jurisdiction for a period of
9 1 year over any place or premises that has been or is declared
10 to be a public nuisance; establish penalties, including fines
11 not to exceed $500 per day for recurring public nuisances;
12 provide for the recording of orders on public nuisances so
13 that notice must be given to subsequent purchasers, successors
14 in interest, or assigns of the real property that is the
15 subject of the order; provide that recorded orders on public
16 nuisances may become liens against the real property that is
17 the subject of the order; and provide for the foreclosure of
18 property subject to a lien and the recovery of all costs,
19 including reasonable attorney fees, associated with the
20 recording of orders and foreclosure. No lien created pursuant
21 to the provisions of this section may be foreclosed on real
22 property which is a homestead under s. 4, Art. X of the State
23 Constitution. Where a local government seeks to bring an
24 administrative action, based on a stolen property nuisance,
25 against a property owner operating an establishment where
26 multiple tenants, on one site, cont ct their own retail
27 business, the property owner shall not be subject to a lien
28 against his property or the prohibition of operation provision
29 if the property owner evicts the business declared to be a
30 nuisance within 90 days after notification by registered mail
31 to the property owner of a second stolen property conviction
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1 of the tenant. The total fines imposed pursuant to the
2 authority of this section shall not exceed $15, 000 -7, 500.
3 Nothing contained within this section prohibits a county or
4 municipality from proceeding against a public nuisance by any
5 other means.
6 Section 2. This act shall take effect July 1, 2000.
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OFFICE OF THE CITY ATTORNEY
64 14 Arird Wear%
F L O R 1 D A
MURRAY H. DUBBIN `C5-' Telephone: (305) 673-7470
City Attorney "?�"= Telecopy: (305) 673-7002
SECOND READING
COMMISSION MEMORANDUM NO.-1 SO— DO
DATE: OCTOBER 18, 2000
TO: MAYOR NEISEN KASDIN
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE M. GONZALEZ
�'�"
FROM: MURRAY H. DUBBIN 140
4/1.—. C41"1# .40:5--
CITY ATTORNEY
SUBJECT: PROPOSED AMENDMENTS TO NUISANCE ABATEMENT BOARD
ORDINANCES
The attached proposed Ordinance amending the City Nuisance Abatement Board was read for the
first time on September 27, 2000 and adopted with amendments which restored the number of
members to five and set a quorum at three. Florida Statute 893.138 - Local Administrative Action
to Abate Criminal Public Nuisances -was recently amended by the legislature and the Ordinance(s)
reflects these changes (a copy of the Statute is enclosed for your review).
The City Attorney recommends final adoption of the proposed Ordinance as amended. The attached
reflect the action of the Commission on September 27, 2000.
MHD:lm
Encl.
Agenda Item S 13
Date (0 — Ig-00
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