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Ordinance 98-3152 ORDINANCE NO. 98-3152 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING ARTICLE IV ENTITLED " CRIMINAL NUISANCES" OF MIAMI BEACH CITY CODE CHAPTER 70, ENTITLED " MISCELLANEOUS OFFENSES CORRECTING SCRIVENER'S ERROR; AMENDING PENALTIES ON PLACES OR PREMISES DECLARED PUBLIC NUISANCES; PROVIDING FOR THE RECORDING OF ORDERS ISSUED BY THE NUISANCE ABATEMENT BOARD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, 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, Section 893.138, Florida Statutes, authorizes the imposition of fines and additional penalties to the owners of places or premises declared public nuisances. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 70-206, entitled " Organization" 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: Section 70-206. Organization There is created and established a nuisance abatement board to hear evidence relating to the existence of drug related 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 70-207. 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 chairman of the board shall be an attorney duly licensed by the state with trial experience. SECTION 2. That Section 70-209, entitled " Purpose" 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. 70-209. Purpose. The nuisance abatement board shall hear evidence relating to the existence of drug--related public nuisances as defined in Section 70-181 on premises located in the city. SECTION 3. That Section 70-232, 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: (b) The city attorney or any other legal counsel who is representing the city shall present cases before the board. All parties shall have an opportunity to present evidence and argument on all issues involved, to conduct cross- examination and submit rebuttal evidence, and to be represented by counsel. When appropiate, the general public may be given an opportunity to present oral or written communications. If the agency proposes to consider such material, all parties shall be given an opportunity to cross- examine or challenge or rebut it. The board may consider any evidence, including evidence ofthe general tial reputation of the place or 2 - premises. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Orders of the board shall be based on competent and substantial evidence and must be based upon a preponderance of the evidence. (d) If the board issues an order declaring a place or premises to be a nuisance, the board shall assess against the owner of the place or premises the reasonable costs and attorney fees the city has incurred in the preparation, investigation and presentation of the case. These costs shall be due and payable ten days after the written order of the board has been filed. A certified copy of an order imposing costs and attorney fees may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists or, if the violator does not own the land, upon any other real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After one year from the filing of any such lien that remains unpaid, the city may foreclose or otherwise execute on the lien. Interest shall accrue on the unpaid costs at the legal rate of interest set forth in F.S. s. 55.03. (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 Hundred and 00/100 Dollars ( $7,500.00). 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. 3 (f) All orders of the board shall be recorded . • . ' - . . • . . . . . exists among the public records of Miami-Dade County. (e) (g) All orders of the board shall be by motion approved by a majority of those members present and voting, except that at least three members of the board must vote in order for the action to be official. (f) (h) An order entered under subsections (c)- (e) of this section shall expire after one year or at such earlier time as stated in the order. The board may retain jurisdiction to modify its orders prior to the expiration of the orders. (g)(i) The board may bring a complaint under F.S. s. 60.05, seeking a permanent injunction against any public nuisance. SECTION 4. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. 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 4 relettered to accomplish such intention, and the word " ordinance" may be changed to " section ", " article", or other appropiate word. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect on the 28 day of November , 199 8 . PASSED AND ADOPTED this 18th day of November , 199 8 ji MAYOR ATTEST: 1264 Pakdiki' CITY CLERK 1st reading 11/4/98 2nd reading 11/18/98 APPROVED AS TO FORM & LANGUAGE & FO' XECUTION N City Attorney Date 5 OFFICE OF THE CITY ATTORNEY 64 efricgliagni Wrad F L O R I D A f „;\ MURRAY H. DUBBIN °`"p.c.. . ,�+s 9 Telephone: (305) 673-7470 City Attorney � " T lecopy: (305) 673-7002 COMMISSION MEMORANDUM TO: MAYOR AND CITY COMMISSION FROM: MURRAY H. DUBBIN, CITY ATTORNE 7,1 4. DATE: NOVEMBER 4, 1998 SUBJECT: ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE IV ENTITLED "CRIMINAL NUISANCES" OF MIAMI BEACH CITY CODE CHAPTER 70, ENTITLED "MISCELLANEOUS OFFENSES CORRECTING SCRIVENER'S ERROR; AMENDING PENALTIES ON PLACES OR PREMISES DECLARED PUBLIC NUISANCES; PROVIDING FOR THE RECORDING OF ORDERS ISSUED BY THE NUISANCE ABATEMENT BOARD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. This ordinance is being submitted for second reading with the changes as voted on by the Commission regarding the recording of orders. Agenda Item 5 Date j1 $- � 0 1700 Convention Center Drive -- Fourth Floor-- Miami Beach, Florida 33139 � . . . . . _ . . . . . . . 773 . k / \ k 2 § U § % •- m m G d ƒ / •- •- ] . / b � '� u 0 ƒ 2 -5 -. •_ .� § \ r � � / ( § O 2a 0 r % & .7 0 •• m / § c oEq & .2 \ 7 t A zr d O .§ _ - r . 7 \ a 4 0 2 .§ U / \ a.) •& / 2 § a) u '§ a k U S < q / m