RESOLUTION 92-20524 . r
RESOLUTION NO. 92-20524
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REAPPOINTING
JUDGE SAM I. SILVER TO SERVE AS CHIEF SPECIAL
MASTER WHO SHALL BE AUTHORIZED TO HOLD
HEARINGS AND IMPOSE FINES, LIENS AND OTHER
NON-CRIMINAL PENALTIES AGAINST VIOLATORS OF
CITY CODES AND ORDINANCES, AND SHALL ALSO BE
AUTHORIZED TO APPOINT SUCH OTHER SPECIAL
MASTERS AS MAY REASONABLY BE REQUIRED TO
CONDUCT THE SUBJECT HEARINGS.
WHEREAS, in City of Miami Beach Ordinance No. 90-2709 , Miami
Beach City Code Chapter 9B governing "Code Enforcement" was amended
to provide for an alternate code enforcement system wherein Special
Masters and Code Enforcement Boards or both were authorized to hold
hearings and impose fines, liens and other non-criminal penalties
against violators of City codes and ordinances; and
WHEREAS, in City of Miami Beach Ordinance No. 90-2723 , City
Code Chapter 9B, Section 9B-4 governing "Special Masters;
appointment; duties" , was amended to provide for the appointment of
a Chief Special Master to fulfill the above-referenced duties, with
the authority to appoint such other Special Masters as are
reasonably required to conduct said hearings; appointment of the
Chief Special Master was established upon the Miami Beach
Commission' s acceptance by a majority vote of the Miami Beach City
Manager' s recommendation for appointment thereof; and
WHEREAS, on January 9 , 1991, the Miami Beach City Commission
passed its Resolution No. 91-20218 , accepting the City Manager's
recommendation as to the appointment of Judge Sam I. Silver to
serve as Chief Special Master for the City of Miami Beach; and
WHEREAS, since the six month term of Judge Sam I. Silver will
expire on June 8, 1992 , the City Manager of the City of Miami Beach
hereby recommends reappointment of Judge Sam I. Silver to fill the
position of Chief Special Master for the City of Miami Beach.
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NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that the City Commission hereby
reappoints Judge Sam I. Silver to serve as Chief Special Master
pursuant to Miami Beach City Code Chapter 9B entitled "Code
Enforcement" , said Chief Special Master to be authorized to hold
hearings and impose fines, liens and other non-criminal penalties
against violators of City Codes and ordinances, and further
authorized to appoint such other Special Masters as may reasonably
be required to conduct the subject hearings.
PASSED and ADOPTED this 17th day • ' June 199240
MA OR
ATTEST:
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CITY CLERK
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FORM APPROVED
LEGAL DEPT.
C
By
Date 6 " 1- 92
2
1
•
CITY OF MIAMI REACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 39 -
i °j7
TO: Mayor Seymour Gelber and DATE: June 17, 1992
Members of the City Commission
FROM: Roger M. Ca cin , AL.
City Manager '�
RE-APPOINTMENT OF CHIEF SPECIAL MASTER FOR CITY OF MIAMI
SUBJECT: BEACH SPECIAL MASTER HEARINGS
ADMINISTRATION RECOMMENDATION:
It is the recommendation of the Administration, that the City
Commission approve the attached Resolution recommending the re-
appointment of Sam I. Silver as Chief Special Master for our Fire
Code Violation Hearings, for the next six (6) month term.
BACKGROUND:
In 1990, changes in the State law authorized municipalities to
. create alternative systems to enforce their codes and ordinances by
utilizing appointed code enforcement boards and/or special masters.
Fire Chief Brainard Dorris requested that the City Attorney's
office rewrite Miami Beach City Code Chapter 9B, entitled "Code
Enforcement Board" in order to establish such an alternative system
of enforcement.
City of Miami Beach Ordinance No. 90-2709, Miami Beach City Code
Chapter 9B governing "Code Enforcement" was amended to provide for
an alternate code enforcement system wherein Special Masters and
Code Enforcement Boards or both were authorized to hold hearings
and impose fines, liens and other non-criminal penalties against
violators of City Codes and ordinances.
City of Miami Beach Ordinance No. 90-2723 , City Code Chapter 9B,
Section 9B-4 governing "Special Masters; appointment; duties" , was
amended to provide for the appointment of a Chief Special Master to
fulfill the above-referenced duties, with the authority to appoint
such other Special Masters as reasonably required to conduct said
hearings; appointment of the Chief Special Master was established
upon the Miami Beach City Manager's recommendation for appointment.
The City of Miami Beach Commission at its June 19, 1991 meeting
appointed Sam I. Silver as Chief Special Master for. City of Miami
Beach . Special Master Hearings for a six (6) month period. Chief
Special Master Silver' s term expires June 8, 1992 .
ANALYSIS:
City Code Chapter 9B, currently provides for the appointment of
Special Masters to hold hearings and assess fines regarding
violations of City Codes. The Special Master system has been
proven to be more expeditious than County Court enforcement
proceedings with regard to the large backlog of fire code
violations currently awaiting adjudication. In order to expedite
Continued. . .
AGENDA
I TEM _ t-
DATE
COMMISSION MEMORANDUM PAGE TWO JUNE 17, 1992
the appointment and administration of the Special Master system,
this ordinance provides for appointment of a Chief Special Master
who will hold hearings and will also be authorized to appoint other
Special Masters as may be necessary to handle the case load.
Retired Judge Sam I. Silver is under a commission by the Chief
Justice of Florida Supreme Court, and, has the authority to
participate in this program of Masters who will conduct a series of
speedy court hearings regarding alleged Fire Code Violations on
properties within the City of Miami Beach.
CONCLUSION:
In conclusion, based on the background and analysis information
Retired Judge Sam I. Silver has the authority to preside as Chief
Special Master for Fire Code Violations for the City of Miami Beach
and should be reappointed for the next six (6) month term.
RNG(EC: lcd
Attachment
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Un1tj1NAL
RESOLUTION NO. 92-20524
Reappointing Judge Sam I. Silver to
serve as chief special master wh shall
imp'
be authorized to hold hearings and
impose fines, liens and other
non-criminal penalties against violators
of City Codes and Ordinances, and shall
also be authorized to appoint such other
special masters as may reasonably be
i required to conduct the subject hearings