Resolution 2022-32375 RESOLUTION NO, 2022-32375
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RECOMMENDING THAT THE CHIEF SPECIAL
MAGISTRATE ISSUE AN ORDER AMENDING THE RULES AND
PROCEDURES GOVERNING SPECIAL MAGISTRATE HEARINGS, IN
PARTICULAR WITH REGARD TO REDUCING THE NUMBER OF PROGRESS
REPORTS ALLOWED AND LIMITING THE NUMBER OF CONTINUANCES, IN
CONJUNCTION WITH MINIMIZING THE AMOUNT OF TIME BETWEEN THE
CURRENT HEARING DATE AND THE FUTURE HEARING DATE FOR THOSE
CONTINUANCES THAT ARE GRANTED;AND FURTHER,AUTHORIZING THE
CITY MANAGER AND/OR CITY CLERK TO INCREASE THE FREQUENCY OF
SPECIAL MAGISTRATE HEARINGS AND PAY THE ADDITIONAL EXPENSES
INCURRED AS A RESULT OF THE INCREASE IN SPECIAL MAGISTRATE
HEARINGS FROM THE CITY CLERK REVENUE ACCOUNTS IDENTIFIED
HEREIN.
WHEREAS, the Mayor and City Commission of the City of Miami Beach (the "City") are
charged with protecting the public health, safety, and welfare of the City's residents and visitors;
and
WHEREAS, Special Magistrates serve to expeditiously and economically adjudicate
violations of the City of Miami Beach's Code of Ordinances(the"City Code"); and
WHEREAS, recent observations and complaints by City residents and others have
prompted certain necessary modifications to the Special Magistrate hearing process and
procedures; and
WHEREAS,the prompt resolution of code enforcement matters inures to the benefit of all
parties involved, including the City, the alleged violator, and the complainant or other person(s)
aggrieved by violations of the City Code; and
WHEREAS, in order to ensure the most efficient resolution of Special Magistrate cases
and appeals, the Mayor and City Commission desire to prevent unnecessary progress reports
and limit continuances, which City staff has identified as hindering and/or delaying the
adjudication of these matters; and
WHEREAS, City staff has also advised that there is often a delay in scheduling Special
Magistrate hearings and appeals due to a backlog caused, in part, by a pause in hearings due to
the Covid-19 pandemic; and
WHEREAS, in order to improve the ongoing scheduling delay/backlog, City staff has
further recommended an increase in the frequency of Special Magistrate hearing dates as part of
this effort.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby recommend that the Chief Special Magistrate issue an order amending the
Rules and Procedures governing Special Magistrate hearings, in particular with regard to reducing
the number of progress reports allowed and limiting the number of continuances, in conjunction
with minimizing the amount of time between the current hearing date and the future hearing date
for those continuances that are granted; and further,authorize the City Manager and/or City Clerk
to increase the frequency of Special Magistrate hearings and pay the additional expenses
incurred as a result of the increase in Special Magistrate hearings from City Clerk revenue
accounts: Special Magistrate HP-DRB 011-8000-354007-00-310-351-00-00-00 and Special
Magistrate Administrative Hearing Fees 011-8000-321805-00-305-309-00-00-00.
PASSED and ADOPTED this day of 00446✓ , 2022.
ATTEST:
191Il,
OCT 2 2022 Dap Gelber, Mayor
IIKORP1 GRATED;
Rafa I E. Granado, City Clerk
(Sponsored by Commissioner Steven Meiner, Vice-Mayor Alex J. Fernandez, and Commissioner
Kristen Rosen Gonzalez)
- APPROVED AS TO
FORM & LANGUAGE,
& FOR EXECUTION
k City Attorney Iv Of f
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Resolutions -C7 AF
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, CityAttomey
DATE: October 26, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RECOMMENDING THAT THE CHIEF
SPECIAL MAGISTRATE ISSUE AN ORDER AMENDING THE RULES AND
PROCEDURES GOVERNING SPECIAL MAGISTRATE HEARINGS, IN
PARTICULAR WITH REGARD TO REDUCING THE NUMBER OF
PROGRESS REPORTS ALLOWED AND LIMITING THE NUMBER OF
CONTINUANCES, IN CONJUNCTION WITH MINIMIZING THE AMOUNT OF
TIME BETWEEN THE CURRENT HEARING DATE AND THE FUTURE
HEARING DATE FOR THOSE CONTINUANCES THAT ARE GRANTED;
AND FURTHER, AUTHORIZING THE CITY MANAGER AND/OR CITY
CLERK TO INCREASE THE FREQUENCY OF SPECIAL MAGISTRATE
HEARINGS AND PAY THE ADDITIONAL EXPENSES INCURRED AS A
RESULT OF THE INCREASE IN SPECIAL MAGISTRATE HEARINGS
FROM THE CITY CLERK REVENUE ACCOUNTS IDENTIFIED HEREIN.
RECOMMENDATION
Pursuant to the request of Commissioner Steven Meiner, Vice-Mayor Alex J. Fernandez and
Commissioner Kristen Rosen Fernandez the above-referenced Resolution is submitted for
consideration by the Mayor and City Commission at the October 26, 2022 City Commission
Meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Applicable Area
Not Applicable
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Page 592 of 1177
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Steven Meiner, Vice-Mayor Alex J. Fernandez, and Commissioner Kristen
Rosen Gonzalez
ATTACHMENTS:
Description
o Resolution
Page 593 of 1177