2003-3405 Ordinance
ORDINANCE NO. 2003-3405
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, REPEALING
SECTIONS 2-190.56 THROUGH 2-190.59, OF DIVISION 22
ENTITLED "NUISANCE ABATEMENT BOARD", OF ARTICLE
III ENTITLED "AGENCIES, BOARDS AND COMMITTEES", OF
MIAMI BEACH CITY CODE CHAPTER 2 ENTITLED
"ADMINISTRATION"; REPEALING SECTION 70-181 ENTITLED
"DEFINITIONS", OF MIAMI BEACH CITY CODE CHAPTER 70
ENTITLED "MISCELLANEOUS OFFENSES"; AND, REPEALING
SECTIONS 70-231 THROUGH 70-235 OF DIVISION 3 ENTITLED
"ABATEMENT PROCEDURES", OF ARTICLE IV, ENTITLED
"CRIMINAL NUISANCES", OF MIAMI BEACH CITY CODE
CHAPTER 70 ENTITLED "MISCELLANEOUS OFFENSES";
PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission voted on February 26 , 2003 to
disband the Nuisance Abatement Board and the abatement procedures set forth in
Sections 70-231 through 70-235 ofthe City Code, and
WHEREAS, the abatement of criminal nuisances may be adequately addressed
by the City through other means such as license suspension or revocation proceedings
provided for in the City Code and via injunctive procedures set forth in Section 60.05 of
the Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1. That Sections 2-190.56 through 2-190,59 of Division 22, entitled
"Nuisance Abatement Board" of Chapter 2 of the Miami Beach City Code are hereby
repealed in their entirety as follows:
DIVISION 22, 'NUISANCE :\BATEMENT BOARD
See. 2 199.56. Organization.
There is created aHd established a HUisaHce abatement beard te hear evidence relating
to the e-xistence ef p1:lblic mHsaHees as defined in seetion 70 181 OR prefflises 10eated in
the eity. The board shall consist of five members appeinted by a majority vote ofthe eity
cOffifBissien, for two year terms, exeept as set forth in section 2 109.29. Memllers of the
ffilisanee abateffleat beard shall be persons who reside or maintain a business
establishlReat in the city. Membership en the board shall inc11:1de eRe representatiyc from
eaeh of the following areas efthe eity:
(1) SeatR ef 2200 Street;
(2) 2200 Street to 55th Street; aHd
(3) 55th Street te 87th Terraee.
The ehairperson eHhe beare shall be aH atterney cl1:11y lieensed by the state with trial
expeneflce.
See, 2 190.57. ;\ppeintments.
Appeintments to the board fer two years shall be made. ;\ITY member may be
reappeinted by the eity eemmission for not mere thaH three censeeltti'/e terms,
:\.ppeifltm.eats to fill a vaeaHcy shall be f-ar the refflainder of the uneKpired term.. ;\B-Y
memller whEl fails to attood tWEl Elf three s1:1eeessive meetings v;-itheltt elffise aRd witheut
prior appTOyal of the chairman shall a1:1tElmatieally forfeit his appoiBtmeat, aHd the eity
commissien shall PTOHIfltly fill such vaeaHey fer the refflainder eHhe term,
See. 2 190.58. QHefl:lffl; eeHlfleflsation,
The presenee of three or more members ofilie beare shall eoastiMe a qaOl1lfR.
See. 2 199.59. P1:lrpose.
The ffilisaRee abateffleat board shall hear evidooee relating to the l*istenee ef palllie
ffilisaHees as defined in seetion 70 181 en premises leeated in the city.
SECTION 2. That Section 70-181 entitled "Definitions" of Article III entitled
"Criminal Nuisances" 0 f Miami Beach City Code Chapter 70, entitled" Miscellaneous
Offenses" is hereby repealed in its entirety as follows:
ARTICLE IV. CRIM:IN.\L NUIS:\.NCES Reserved.
Di'/isien 1. Generally
See. 70 181. Defiffitiens.
The following wores, terms and 1" hrases, ,......hoo 1:1 sed in t his a rtiele, shall have the
meamngs a fld terms a scribed t e them in this s eetion, e xeept where the e Elate]lt c learl)'
iadieates a diff-ereat meaning:
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BefUV} means the lTuisance abatemeBt board.
CleFk means a person appoiBted by the city ceRllRission to perf0fffi the elerical d-l:lties
aecessary to carry oat the activities ofihe naisance abatemeBt board.
Opefflter means a tenant, Jessee 0r persen having coHtrtll 0f possession 0f a remises.
Owner means a pocsen having title to a premises that is a IHtblic naisance.
Publie nuisance meaBS any place or premises ',';itmn the city that may be declared a
nuisance according to F.8. s. g23.05 or g23,IO, or that has beeR I:Ised on more than two
eccasions ''vithin a six month peried:
(l) :\.s the site 0Uhe lffilawful sale er delivery or stofage 0f contrelled
substances as defined in F.S. ch, g93;
(2) By a yoath and criminal street gang for the pl:lFflose of csnooctiRg a
pattern ef )'I3ath and criminal street gang activity;
(3) For prostitation 01' solicitati0n of pr0stiMi0n;
(1) F0r illegal gambling;
(5) Fer illegal sale 0r csns1:lmpti0n 0f alc0helic beyerages;
(6) For dealing in stoleR pmperty.
SECTION 3. That Sections 70-231 through 70-235 of Division 3, entitled "Abatement
Procedures" of Article IV entitled "Criminal Nuisances" of Miami Beach City Code
Chapter 70, entitled "Miscellaneous Offenses" are hereby repealed in their entirety as
follows:
DIVISION 3. AB.\TEMENT PRDCEDURES
Sec. 70 231. Generally.
(a) Filing eemptail'lt. .^.ny empleyee, officer or resideat ef the cmIDty or of the
eity may file a cOHlfllaint aad request fer presecation ',';ith the city nuisance
abatemeat board regarding the e-xisteRce 0n premises located in the city of a
public nuisance. This ceB'lfllaiBt shall be filed with the city police eilief sr his
designee. The p0lice chief or his designee shall mail writteR n0tice of such
cOB'lfllaiats by certified mail with return receipt to the evmer and operator of
the place or premises cOHlfllained of at his last kao':.'R addresses. The notice
shall preyide for the owner and operator ofiile place or premises to contact the
police chief or his designee within 11 days of receipt 0f the notice, This time
period shall be al10wed for the pl:HJlose of allowing the owner and operator to
talce such good faith meaS1:lres as are appropriate to abate the nuisance, The
police chief or his designee may extend the 11 days to allow the 0"'.'Rer and
operator to institute or continl:le actions to abate the naisance provided the
aetions are reasonable. Inhe o\';ner and/or 0perator fails to reSfl0nd to the
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notice of 60mplaint or fails to take reasonable aetioR to abate the RI:lisanee, the
poliee clHef or his designee shall sabmit the eomplaint to the eity attorney fOf
proseel:1tion.
(b) Hearing. The eity attorney, wheR he has received the aforesaid eomplaiRt and
reqaest f-or pr0SeeatioR and haG reason to belieye that a paelic ooisanee exists
on the premises complained of loeated in the eity and that the required written
notiee has beeR daly mailed to the owner and operator of the premises aG set
forth in saeseetion (a) of this seetioR, shall promptly reqaest a hearing before
the RI:lisanee abatemem: board.
(c) Ser,'iee. The naisanee abatemem: board, through its clerk, shall seheffide a
hearing; and ,vritteR notiee of the hearing shall be sem: by certified mail with
retllffi receipt or haDd delivered to the o'.vner aad operator of the premises
complained of at their last known addresses at least 14 days prior to the
schedaled hearing. If an attempt to reach the OWFler and operator by hand
delivery or eertified mail is l:lBsaecessful, Rotice of the hearing may be by
p11blieation as provided in F.S. eh, 49.
(d) Centellts of Helice of hearing. The notiee of hearing referred to iR subsection
(e) ofilHs seetion shall inelade:
(1) A statement of the time, plaee and nature of the hearing.
(2) .^. statemem: of the legal aathority aDd jarisdiction l:lBder whieh the
hearing is to be held.
(3) .^. referenee to the partiealar sectioRs of the statates aDd on:linaDees
in-yel'/ed.
(4) .^. short and plaiR statement sl:liHffiarizing the ineidents eomplained of,
See. 70 232. COFlduet of hearings,
(a) The chairman ofihe board may call hearingG ofihe board. Hearings may also
be called by written notice sigHed by at least three members ofihe board, The
board, at a heariFl:g, may set a fuWre hearing date. The boar.a shall attempt to
cOFl:'1ene ORee every month but may meet more ofteR aG the demaDd
neeessitates. The board shall adopt rules f-or the conduet of its hearing.
MiRl:ltes shall be kept of all hearings, and all hearings shall be open to the
publie. The eity shall pro'/ide clerical aDd admimstrative personnel as may be
reasonably reqtlired for the pr-oper performance oft-he board's ffiHies.
(b) The eit)' attorney or any ether legal cOl:lBsel who is representing the city shall
present cases before the Boar-e, :\11 parties shall have an opport-anity to
present evidenee and argument on all issues in-volYed, to eendact eross
examination and sabmit rooattal evideFlee, and to be represented BY eOlffisel.
When approflriate, the geRcral paelic may be giVeR an opportunity to present
oral or '",ritteR coffiH:l:-\iflications. If the agency proposes to eonsider sHeh
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material, all parties shall be '"
ch~leRge or rebut it. The 13 gl,,,OO 1m opportl:lRity t8 orass 63(am'
eVIdence aft he ~aFtt may cOBsider aR' H' . me or
"""I a, UBd gcoernI ,,,,'1_. ,f th, .1" ' .. .doe". -.
a W .""' ... ""'11 au""",, ' ,'. ,'"",... ^., a,""'" .
:~::~~=~:::;=:'~Rag~:~; ::;~;,::: :t
, an mlist be based l:lfloB a prep8nderaROoB ~o~et~m aRd slibstaRtial
( ) ^ . a a,.,. ..~...'a.
e . .fier oo~slderiBg all evideBce th
be a paelle ffilisaRee and may ~m: ~:~d~a?, dect;e the plaee or premises to
(1 ,. ".u,,, ,ately ",a""'ffiBg'
J The mamtaiBiHg f tit. .
(2) Th ' 0 He ffillSaRee;
e operatmg or maiRtaiBiH of
(3) ~": 1"'" pln.,~, .....:.. .:"'::~'::; ""7""" meluoliBg .1"
R ,liet, oporatlOB or maimeB ereo , or
the preR'Hsos oOBffileive to SliCt. . aRce of ImY busiBess or aeti"itv 0
it Blilsance. ' J n
(d) If the beaFe .
lSSHes all. order deel .
board shall assess agaiRst th ~mg a plaee or premises to be all.'
oo,la ...... ,..- .fth, pi... . "',...., ""
..d ....._::,fe~' the ,Hy bo< in,"""" '" Ie;"" ;:""'OB the """.....1'
all", I ". n' <in A".... ThOB.'. ,la "''''... A '''";''OB, .....""'gati ..
.. en 0 r..er 0 ft he h e h ttae anu pa-yaale t e
.re.d...""'g ,.'" .. d .. .. .... .. a .on fil,d · , .... fi ~... .. ...,.
.. d tb · """,""y feea b . " ,., epy · fa
n ereafier shall COR ' . may e recorded ill. th ' B
.xi"', "'. if the 'A.1at .:"""" a b.. 'g..BOt the land .n n.,," tub H' ,...,,1,
pre.""", b.1 """I :',.;:: -:;' .wa the I..d, ,"," """ etl..::"~. v..laIi..
oofe",emOBt ..... ^ ,....d ,. a. . ,.... '. d ., p.m,....1
......" ...l.. "":.";i ..J{", ... yoar "0'" tH. filiu J:,:- ..,,,,I l1u
""""'''' abell. " '""" '0",.1n,. ., .tb""," g ..",....b HOO tbet
f .8. '-'5 03 ,,,,,.'R the _..d ,.'" '" tb, I. I" ". ",wool. .n the Hoe.
. . ga rate af lmerest set forth in
If ~e board iSSl:ies an ante e .
BUlSaRee the b e r eolanBg a plaee or .
fine Rot'to ....:i. may ...." agaiB~ tb. .w.", .r.:"" to b. · publ;.
$50000 $250.00 pw day th'" th. pi... ., .-,.. a
, per da-y for reeurriH . h . . e BIHsance eomiffiles aRe
...fi.", i. ,,,,Ii.. 70 18' g ,0 ", ...,"',>e, .. tHo pi ". .. to
pubH, ,see'" "'" tb ft Th. to,,,, fin", imp.,.d ,ball ;:" 0< .....,,'" ..
_ i. ,ub'''''''8 '.r< ""'~ ~ ,"all ,,,,,,ti<ute . "on '" tb" ,.--,do<!.. "'"
~ ], atJo, e. ame manner as set
:\11 orders of the board shall
Dade Cel:lflty be reeorded amoRg the pl:lbI'
. Ie recoras of Miami
:\11 orders of the board shall be' .
ffiemBerS present aRd 'lotiHg. b) motIon aflflro'led by a majority ef these
(6)
(t)
(g)
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(h) An arder entered under subseetiens (e) (e), aba'/e, shall eJepire after ane year
ar at such earlier time as stated in the onter. The baard may retain
jurisdictian ta madify its arders priar te the expiratian afthe arders.
(i) The baard may briRg a eemplaiflt Uflder P.S. s. 60.05, seekiflg a permooent
injUfletian agaiflst an)' poolie ffilisance.
See. 70 233. "^.ppeals.
An aggrieyed party, ineladiRg the eity adnHnistratiofl, may appeal a flflal
administratiye arder af the baard ta the eireuit emrrt af the eleyeflth judieial eir-emt. Sueh
an appeal shall nat be a heariRg de Ra'/e bat shall be limited ta appellate re'/iew af the
recard ereated bef-ore the baard. "\11 appeal shall be filed within 30 days €lEthe date ofthe
....TItten arder apflealed fram.
See. 70 234. EnjoiRiRg efffilisanees.
When an)' ffilisanee as defined in P.S. s. 823,05 e-xists, the eit)' attarney or any eitizen
afthe eOlmt)' may SHe in the nmne €lEthe state eR his relatiaR te oojain the mHsanee, the
persen or persans maintaining it, afl.d the avmer or ageet of the build-iRg ar groUfld eR
vAHeh the ffilisanee eJdsts.
See, 70 235. Rights preserved,
This artiele daes Bat restriet the right af an)' persaR te praeeed l:ffider P.S. s, 60.05
agaiRst any poolie ffilisance.
SECTION 4. REPEALER
All ardinances ar parts af ardinances in canflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY
If any sectian, subsectian, clause or pravisian af this Ordinance is held invalid, the
remainder shall nat be affected by such invalidity.
SECTION 6. CODIFICATION
It is the intentian af the Mayar and City Cammissian af the City af Miami Beach,
and it is hereby ardained that the provisians af this Ordinance shall became and be made
part af the Cade af the City af Miami Beach, Flarida. The sectians af this Ordinance
may be renumbered ar relettered ta accamplish such intentian, and the ward "ardinance"
may be changed ta "sectian", "article", or ather apprapriate ward.
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SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect on the 19th '. day of
April
,2003.
PASSED AND ADOPTED this 9th
,2003.
ATTEST:
~~ Pt4~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Ordinance No. 2003-3405
All WA\ull.., 'l--b-tl'i
/~ Dale
7
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~
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach
Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, or
Wednesday, April 9, 2003, at the times listed below to consider the following on first reading:
at 10:30 a,m.:
AN ORDINANCE AMENDING CHAPTER 142 OF THE MIAMI BEACH CITY CODE ENTITLED "ZONING DISTRICTS AND
REGULATIONS. ARTICLE IV THEREOF ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 1 ENTITLED
"GENERALLY:' SECTION 142-876, "KEEPING LIVESTOCK PROHIBITED," AND SECTION 142-877, "MAXIMUM NUMBER
E OF ANIMALS ON PREMISES," BY DELETING THESE SECTIONS AND TRANSFERRING THESE PROVISIONS TO
~ CHAPTER 10; AND AMENDING CHAPTER 10 ENTITLED "ANIMALS," BY CREATING SECTION 10-15 "KEEPING
'l:l LIVESTOCK PROHIBITED," INCLUDING A PROVISION THAT THE MAINTAINING OF LIVESTOCK FOR PUBLIC EVENTS
l\l FOR TEMPORARY PERIODS OF TIME MAY BE ALLOWED, AS APPROVED BY THE CITY MANAGER OR HIS/HER
~ - DESIGNEE; AND CREATING SECTION 10-16 "MAXIMUM NUMBER OF ANIMALS ON PREMISES"; PROVIDING FOR
.c: CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
,.:
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: Inquiries may be directed to the Planning Department at (305) 673-7550,
at 10:35 a,m,:
AN ORDINANCE REPEALING SECTIONS 2-190.56.. THROUGH 2-190,59, OF DIVISION 22 ENTITLED "NUISANCE
::c ABATEMENT BOARD:' OF ARTICLE III ENTITLED "AGENCIES, BOARDS AND COMMITTEES:' OF MIAMI BEACH CITY
III CODE CHAPTER 2 ENTITLED "ADMINISTRATION"; REPEALING SECTION 70-181 ENTITLED "DEFINITIONS:' OF MIAMI
~ BEACH CITY CODE CHAPTER 70 ENTITLED "MISCELLANEOUS OFFENSES"; AND REPEALING SECTIONS 70-231
; II THROUGH 70-235 OF DIVISION 3 ENTITLED "ABATEMENT PROCEDURES," OF ARTICLE IV, ENTITLED "CRIMINAL
NUISANCES:' OF MIAMI BEACH CITY CODE CHAPTER 70 ENTITLED "MISCELLANEOUS OFFENSES"; PROVIDING FOR
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
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Inquiries may be directed to the Legal Department at (305) 673-7470.
ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in
writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach,
Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and
under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision
made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure
that a verbatim record of tile proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law,
In accordanc~ with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this
proceeding, or to request information on access for persons with disabilities, or to request this publication in accessible format,
or to request sign language interpreters, should contact the City Clerk's office at (305) 673-7411, no later than four days prior
to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service numbers,
(800) 955-8771 (TTY) or (800) 955-8770 (VOICE).
.(fo~. fC?! ~t, " " ...' . " , .. .. . ., " " < '0 . " " .
i. ,. ;~ ~..."" ;w, , ~ !Iii ~ -'" ~ ..;
. ;.; .;.. ~ iI' " 0' "'at ~ ~~" :!tit. ....
OFFICE OF THE CITY ATTORNEY
<6~ tf J/domi 1JeuM
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MURRAY H, DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
SUBJECT:
Mayor David Dermer and DATE: April 9, 2003
Members of the City Commission
Murray H. Dubbi, J 1!1. ~ I .1 i?-- SECOND READING
City Attorney IVVf~. PUBLIC HEARING
ORDINANCE: REPEALING NUISANCE ABATEMENT BOARD
ORDINANCES
TO:
FROM:
Pursuant to the report submitted by the Neighborhoods Committee to the Mayor and City
Commission at the commission meeting held on February 26, 2003 (item No. C6A4), the attached
ordinance is submitted for your consideration on the April 9, 2003 agenda.
Agenda Item
1700 Convention Center Drive -- Fourth Floor -- Miami Beaet Date
1?S/3
~- 9-03