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Ordinance 98-3124 • ORDINANCE NO. 98-3124 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF MIAMI BEACH, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. The Code entitled "Code of the City of Miami Beach, Florida" published by Municipal Code Corporation consisting of chapters 1 through 142, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before November 17, 1997, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding $500.00 or a term of imprisonment not exceeding 60 days or both a fine and a term of imprisonment.. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the city to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6. Ordinances adopted after November 17, 1997, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall become effective July 16, 1998 Passed and adopted by the city commission of the City of Miami Beach, Florida this 1st day of July , 1998 . Mayor f2(flAAA PaA-(Lk- City Clerk APPROVED AS TO 1st reading 6/3/98 FORM & LANGUAGE 2nd reading 7/1/98 & FOR EXECUTION Caw .� Dot CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.m iami-beach.fl.us COMMISSION MEMORANDUM NO.ABA-2_1- g TO: Mayor Neisen O. Kasdin and DATE: July 1, 1998 Members of the City Commi ion FROM: Sergio Rodriguez 4�'� City Manager SUBJECT: AN ORDINA CE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF MIAMI BEACH,FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission adopt the attached Ordinance on second reading. BACKGROUND: The last time the City Code book was codified was in 1964. The last supplement to the 1964 Code book was in 1991. Since the time of the last supplement(1991),there have been approximately 340 ordinances adopted. The City Code books used by City staff or the public are often outdated. Retrieval of current laws is difficult and time-consuming both for staff and the public. The question of accuracy of information is of grave concern. Additionally, approved ordinances are not compared against State of Florida or Dade County laws for conflicts. At the June 5th, 1996 Commission meeting,Resolution No. 96-21999 was adopted. This Resolution authorized the City Administration to execute a professional services agreement with Municipal Code Corporation("MCC") to research, edit, recodify, and to provide supplemental services to the City's Charter, Related Laws, Code of Ordinances, and Zoning Ordinances. The codification process of the new City Code book contains and/or makes reference to all ordinances adopted through November 17, 1997. The agreement with Municipal Code Corporation provides for a looseleaf supplement service. After publication of the new Code book, MCC will keep the Code up-to-date by the publication of looseleaf supplements which will contain the new ordinances of a general and permanent nature enacted by the City Commission. MCC's editorial staff will review the new ordinances in conjunction with the existing provisions of the new Code book. Appropriate editorial notes will be prepared and appended to the new sections. A minimum of thirty (30) working days will be required for delivery of each supplemental material. AGENDA ITEM R 5 6 DATE '7- -`I 8 The new City Code book has one new additional feature and this is the incorporation of the City's Zoning Ordinance. Previously,the Code book and the Zoning Ordinance were separate documents. All future ordinances which amend this portion of the Code book will be handled through the supplemental looseleaf service. The Administration is researching the cost of accessing the Code book using computer retrieval software. Additionally, access to the new City Code book will be made available on the interne via http://www.municode.com. The new City Code book will be available for purchase, either in bound volume or in computer disc through Municipal Code Corporation. CONCLUSION: The Administration recommends that the Mayor and City Commission adopt the attached Ordinance enacting the new City Code book. The new City Code book will officially be in use as of the effective date of the Ordinance, July 11, 1998. SR:Irdm F:\CLER\$ALL\DOROTHY\DATA\$ACODE2.MEM bA • G O 4-a N �+ 0 .—I cd f3+ cr) a- ICO aa) C U +4 F+ a a O •H 1J nib N c) a, v -i mow •° 4c4 fa a) 0 (1J • S--�i •rl 0 4-) 4-) 4-) O 0 0 4H 4H • U) oD w • U 4-.) • •rl 'HI • Tl 0 0 • O b C), • • N W O cd •