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HomeMy WebLinkAbout2003-3409 Ordinance ORDINANCE NO. 2003-3409 AN ORDINANCE OF THE MAYOR AND CITY COMMISSSlON OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 30 OF THE MIAMI BEACH CITY CODE, ENTITLED "CODE ENFORCEMENT" BY AMENDING SECTION 30-76(b) THEREOF ENTITLED "MITIGATION", BY PROVIDING FOR MITIGATION HEARINGS TO BE HEARD BY THE SPECIAL MASTER WITHIN ONE YEAR OF THE ISSUANCE OF THE AFFIDAVIT OF COMPLIANCE; PROVIDING THE SPECIAL MASTER MAY ALSO HEAR MITIGATION REQUESTS BEYOND ONE YEAR AFTER THE AFFIDAVIT OF COMPLIANCE HAS BEEN ISSUED UPON THE AGREEMENT OF THE ADMINISTRATION AND THE VIOLATOR; PROVIDING THAT ALL MITIGATIONS OVER $100,000.00 REQUIRE CITY COMMISSION APPROVAL; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of Miami Beach are charged with the responsibility of ensuring fines are imposed in an equitable manner; and WHEREAS, the Mayor and City Commission of the City of Miami Beach desire to establish an efficient system to review said fines; and WHEREAS, the Mayor and City Commission of the City of Miami Beach have determined that the Special Master system is generally equitable and efficient. ' NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 30-76(b) of the Miami Beach City Code, entitled Mitigation" be amended to read as follows: "Rehearing; Sec. 30-76. Rehearings; Mitigation. (b) Mitigation. All applications for mitigation shall be made in writing and under oath. No applications for mitigation shall be considered until an affidavit of compliance has been filed by the city inspector or the property owner. A petition for mitigation or relief from order shall be brought within one year after the ~"*", ''~ *~' ..... ~..~ .......* .... ,~---" .... ;~'~ t~'~ ~"" affidavit of compliance has been issued or, if beyond one year, if both the City Administration and the violator agree to allow the Special Master to determine the mitigation request. Any m t ,qation in which the fine is reduced by more than $100,000.00 requires City Commission approval. Mitigation may not be used for purpose of rehearing or appeal of the original order imposing the fine. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3, SEVERABILITY If any section, subsection or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. 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 appropriate word. SECTION $. EFFECTIVE DATE This ordinance shall take effect on the 10th day of May, 2003. PASSED AND ADOPTED this 30th day of April, 2003. ATTEST: CITY CLERK APF, ROVED AS TO FORM & LANGUAGE & FOR EXECUTION CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: lan Ordinance amending Chapter 30 of the City Code to amend Section 30-76(B) allowing the Special excess of $100,000.00. Master extended jurisdiction for lien mitigations and requiring Commission approval for liens mitigated in I issue: Shall the City of Miami Beach amend Chapter 30, Section 30-76(B) and allow the Special Master to Mitigate tines beyond the one-year timeframe and after the order of the Special Master imposing the tine. Item Summary/Recommendation: Currently, the Code of the City of Miami Beach, Chapter 30, Sec. 30-76, states, "a petition for mitigation or release of tinal order shall be brought within one-year after the entry of the Special Master Order imposed the tine ..... "Therefore, all petitions or requests for settlements that exceed the one-year timeframe must be settled by the Administration and/or City Commission depending on the amount of the fine imposed by the Special Master. On January 27, 2003, the Neighborhoods Committee discussed a revision to the existing ordinance, Sec. 30- 76, which regulates re-hearings/mitigation. The Administration proposed an amendment to Sec. 30-76, which would allow the Special Master to entertain mitigation beyond the one-year timeframe and after the Order of the Special Master imposing the fine. The Neighborhoods Committee unanimously voted to refer the ordinance to the City Commission for consideration. At the April 9, 2003, City Commission meeting, the proposed ordinance was adopted on first reading with the following amendment; any mitigations over $100,000.00 heard by the Special Master would still require tina approval by City Commission regardless of the timeframe. Advisory Board Recommendation: ]N/A Financial Information: Funds: I $0.00 " ' ' Finance Dept. ': City Clerk's Office Legislative Tracking: VIVIAN P. GUZMAN Sign-Offs: Depai~i:"ent Director ~ i ASSistan~t. CitY Maria ge r City Manager CITYOFMIAMIBEACH 1700 Convention Center Dr, Miami Beach, FI 33139 http:\\ci.mia'ni-beach.fl.u s COMMISSION MEMORANDUM TO: Mayor David Dermer and Date: April 30, 2003 Members of the City Commission Jorge M. Gonzalez t City Manager From: Subject: SECOND READING PUBLIC HEARING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 30 OF THE MIAMI BEACH CITY CODE, SECTION 30-76(b) ENTITLED "MITIGATION", PROVIDING FOR MITIGATION HEARINGS TO BE HEARD BY THE SPECIAL MASTER WITHIN ONE YEAR OF THE ISSUANCE OF THE AFFIDAVIT OF COMPLIANCE; PROVIDING THE SPECIAL MASTER MAY ALSO HEAR MITIGATION REQUESTS BEYOND ONE YEAR AFTER THE AFFIDAVIT OF COMPLIANCE UPON APPROVAL OF THE ADMINISTRATION AND THE VIOLATOR; PROVIDING THAT ALL MITIGATIONS OVER $100,000 NEED CITY COMMISSION APPROVAL; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends adoption of the Ordinance. BACKGROUND Currently, the Code of the City of Miami Beach, Chapter 30, Sec. 30-76, states, "a petition for mitigation or release of final order shall be brought within one-year after the entry of the Special Master Order imposed the fine ..... "Therefore, all petitions or requests for settlements that exceed the one-year timeframe must be settled by the Administration and/or City Commission depending on the amount of the fine imposed by the Special Master. The duties, responsibilities and powers of the Special Master are outlined in Chapter 30 and are the result of enforcement proceedings initiated by various code inspectors. The Special Master calls hearings and at the conclusion of the hearings, issues findings of fact based on evidence and conclusions of law and issues an order affording the property relief consistent with the powers granted by the Code. Although formal rules of evidence do not apply, fundamental due process is observed and governs the proceedings or hearings. Additionally, the Special Master may assess and order payment of civil penalties based on the gravity of the violation, any actions taken by the violator to correct the violation and any previous violations committed by the violator. The Special Master may also reduce a fine Commission Memorandum Mitigation April 30, 2003 Page 2 of 2 amount imposed as a result of a hearing, rehear a case and mitigate. On January 27, 2003, the Neighborhoods Committee discussed a revision to the existing ordinance, Sec. 30-76, which regulates re-hearings/mitigation. The Administration proposed an amendment to Sec. 30-76, which would allow the Special Master to entertain mitigation beyond the one-year timeframe and after the Order of the Special Master imposing the fine. The proposed amendment would allow the Special Master to retain jurisdiction for mitigation purposes of the (Special Master) case within one-year after compliance has been achieved or beyond the year if both the violator and the Administration agree to forward the matter to the Special Master. The Neighborhoods Committee unanimously voted to refer the ordinance to the City Commission for consideration. Since the Special Master process is a quasi-judicial function, the Administration recommends this amendment, which will afford the business and/or property owners an additional opportunity to have a formal hearing where legal issues can be argued, and the violator can have "their day in court". In a referred case for rehearing, the Special Master who originally imposed the fine would hear the mitigation case. The referral for a rehearing is made on a case by case basis and for those unusual instances an administrative settlement discussion can still be pursued. In most cases, this more formalized rehearing would replace the current process which affords a negotiating session with the Administration. Although legal issues are discussed, the focus is only mitigating the fine to a reasonable amount that is agreeable to the violator and the City. Finally, allowing the Special Master expanded jurisdiction to mitigate a case removes the burden from the Administration to determine an equitable fine amount and establishes a uniform policy for all mitigations. CITY COMMISSION ACTION At the April 9, 2003, City Commission meeting, the proposed ordinance was adopted on first reading with the following amendment; any mitigation over $100,000.00 heard by the Special Master would still require final approval by City Commission regardless of the timeframe. CONCLUSION The Ad~tration recommends approving the ordinance on second reading. J M.~.~V~C\kc CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings wili 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, on Wednesday, April 30, 2003, at the times listed below to consider the following on first reading: at 10:45 a.m.: AN ORDINANCE AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE; INCREASING ON THE FIRST PAY PERIOD ENDING MAY 4, 2003, THE MINIMUM OF THE RANGES BY 4% AND THE MAXIMUM OF THE RANGES BY 4%; AND BY ESTABLISHING THE CLASSIFICATIONS OF ASSISTANT DIRECTOR - NEIGHBORHOOD SERV1CES~ HOUSING MANAGER, OFFICE OF COMMUNITY SERVICES DIVISION DIRECTOR, LABOR RELATIONS DIVISION, DIRECTOR, LABOR RELATIONS TECHNICIAN I, SPECIAL EVENTS COORDINATOR, PUBUC ART COORDINATOR; AND AMENDING THE TITLES OF THE CLASSIFICATIONS OF HOUSING DEVELOPMENT DIVISION DIRECTOR TO COMMUNITY DEVELOPMENT AND HOUSING DIVISION DIRECTOR, LABOR RELATIONS TECHNICIAN TO LABOR RELATIONS TECHNICIAN II, TRAINING DEVELOPMENT COORDINATOR TO ORGANiZATiONAL DEVELOPMENT AND TRAINING COORDINATOR, TRAINING SPECIALIST TO ORGANIZATIONAL DEVELOPMENT AND TRAINING SPECIALIST; AND ABOLISHING THE TITLE OF CLASSIFICATION OF ASSISTANT TO THE NEIGHBORHOOD SERVICES DIRECTOR, PROVIDING FOR A REPEALER, SEVERABILITY,, EFFECTIVE DATE, AND CODIFICATION. at 10:50 a.n~.: AN ORDINANCE AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE, FOR CLASSIFICATIONS IN GROUP VI, BEING OTHER CLASSIFICATIONS IN THE CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT; INCREASING ON THE FIRST PAY PERIOD ENDING MAY 4, 2003, THE MINIMUM OF THE RANGES 5Y 4% AND THE MAXIMUM OF THE RANGES BY 4%; AND BY ESTABLISHING THE CLASSiFICATION(S) OF ICE RINK TECHNICIAN AND SANITATION OPERATIONS SUPERVISOR; AMENDING THE TITLES OF CLASSIFICATIONS OF PERSONNEL TECHNICIAN TO HUMAN RESOURCES TECHNICIAN I, PERSONNEL TECHNICIAN II TO HUMAN RESOURCES TECHNICIAN II, PERSONNEL TECHNICIAN Itl TO HUMAN RESOURCES TECHNICIAN Ill; PROVIDING FOR A REPEALER, SEVERABILITY, EFFECTIVE DATE, AND CODIFICATION. at 10:55 a.m.: AN ORDINANCE AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI, ENTITLED, "PROCUREMENT"; BY AMENDING DIVISION 6, ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES"; BY AMENDING SECTION 2-408(B), ENTITLED "HEALTH BENEFITS," THEREIN, TO PRESCRIBE A MAXIMUM PERIOD OF TIME FOR THE "ELIGIBILITY PERIOD," AS SAME IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR MAY QUALIFY TO PAY A NEW EMPLOYEE THE $8,56 PER HOUR WAGE SCALE; PROVIDING FOR REPEALER, SEVERABILIT~, CODIFICATION, AND AN EFFECTIVE DATE Inquiries may be directed to the Human Resources at (305) 673-7470. at 11.'00 a.m.: AN ORDINANCE AMENDING SECTION 30-76(B) OF THE M~AMI BEACH CITY CODE ENTITLED "MITIGATION," PROVIDING FOR MITIGATION HEARINGS TO BE HEARD BY THE SPECIAL MASTER WITHIN ONE YEAR OF THE ISSUANCE OF THE AFFIDAVIT OF COMPLIANCE; PROVIDING THE SPECIAL MASTER MAY ALSO HEAR MITIGATION REQUESTS BEYOND ONE YEAR AFTER THE AFFIDAVIT OF COMPLIANCE UPON APPROVAL OF THE ADMINISTRATION; PROVIDING FOR A REPEALER, SEVERABILIT~, CODIFICATION AND AN EFFECTIVE DATE Inquiries may be directed to the Neighborhood Services at (305) 604-2489 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 8each, Florida 33139. Copies of these ordinances are available for dublic inspection during normal business hours in the City Clerkms Office, 1700 Convention Center Drive, 1 st Floor, Ci~ 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 the 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 ar admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance 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 publioation 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 Fiorid~ Re. la.y Service num~rs, (_800 955-877 {TRY) or (800) 955-8770 (VOICE).