Ordinance 2024-4614 ORDINANCE NO. 2024-4614
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 30 OF THE
MIAMI BEACH CITY CODE, ENTITLED "CODE ENFORCEMENT,"
BY - AMENDING ARTICLE III, ENTITLED "ENFORCEMENT
PROCEDURE," BY AMENDING SECTION 30-72 THEREOF,
ENTITLED "CONDUCT OF HEARINGS," BY CREATING
SUBSECTION (C) ALLOWING ONLY ONE CONTINUANCE FOR
THE CITY AND ONE CONTINUANCE FOR THE ALLEGED
VIOLATOR EXCEPT IN EXCEPTIONAL CIRCUMSTANCES; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, enforcement of the provisions of the Code of the City of Miami Beach is a
priority of the Mayor and City Commission; and
WHEREAS, efficient, speedy, and just resolution of City Code violations heard before the
City's special magistrates is an indispensable component of achieving this priority; and
WHEREAS, multiple continuances of hearings before the City's special magistrates
frustrates this goal and leads to inefficient, late, and unjust resolution of City Code violations; and
WHEREAS, the Mayor and City Commission desire to facilitate timely resolution of
matters heard before the City's special magistrates by limiting continuances that may be granted
by the special magistrates to a maximum of one continuance to the alleged violator and one
continuance to the city, each for good cause shown; and
WHEREAS, the Mayor and City Commission future desire to codify that subsequent
motions for continuance shall be denied except in the most exceptional circumstances when the
movant has shown, through sworn testimony accompanying the motion, that fundamental due
process would be denied if the subsequent continuance was not granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM BEACH, FLORIDA:
SECTION 1. That Section 30-72 of Article Ill of Chapter 30 of the City Code, entitled "Conduct of
hearings," is hereby amended to state as follows:
CHAPTER 30 - CODE ENFORCEMENT
* * *
ARTICLE III. - ENFORCEMENT PROCEDURE
* * *
1
Sec. 30-72. - Conduct of hearings.
(a) Upon request of the code inspector or at such other times as may be necessary, the
special magistrate may call hearings. The special magistrate at any hearing may set
a future hearing date. The special magistrate shall attempt to convene no less
frequently than once every month but may meet more or less often as the demand
necessitates. Minutes shall be kept of all hearings, and all hearings shall be open to
the public. The city manager shall provide clerical and administrative personnel as
may be reasonably required for the proper performance of the special magistrate's
duties. If the local governing body prevails in prosecuting a case before the special
magistrate, it shall be entitled to recover all costs and fees incurred in prosecuting
the case before the special magistrate, including, but not limited to, costs for
enforcement, inspections, preparation of enforcement reports, photographs, testing,
monitoring, title search, postage, service of notice and or orders, translator,
audio/video of proceeding, recordings, administrative and clerical costs, special
magistrate fees as approved by a resolution of the city commission, and hearing
facility costs; such costs and fees may be included in the lien authorized under F.S.
§ 162.09(3).
(b) Except as provided in article II of this chapter, the special magistrate shall proceed
to hear the cases on the agenda for that day and shall take testimony from the code
inspector and alleged violator. 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 said proceedings.
(g) Motions for continuance shall be filed with the clerk of the special magistrate. The
special magistrate may grant a maximum of one continuance to the alleged violator
and one continuance to the city, each for good cause shown. Subsequent motions
for continuance shall be denied except in the most exceptional circumstances when
the movant has shown, through sworn testimony accompanying the motion, that
fundamental due process would be denied if the subsequent continuance was not
granted.
(s)(A) At the conclusion of the hearing, the special magistrate shall issue findings of fact
based on evidence and conclusions of law and shall issue an order affording the
proper relief consistent with the powers granted herein. The order may include a
notice that it must be complied with by a specified date, and that a fine may be
imposed if the order is not complied with'by that date, and, under the conditions
. specified in section 30-74, the cost of repairs may be included along with the fine if
the order is not complied with by the specified date. A certified copy of such order
may be recorded in the public records of the county and shall constitute notice to
any subsequent purchasers, successors in interest, or assigns if the violation
concerns real property, and the findings therein shall be binding upon the violator
and, if the violation concerns real property, upon any subsequent purchases,
successors in interests, or assigns. If an order is recorded in the public records
pursuant to this section and the order is complied with by the date specified in the .
order, the special magistrate shall issue an order acknowledging compliance that
shall be recorded in the public records. A hearing is not required to issue such an
order acknowledging compliance.
2
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 6. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. CODIFICATION.
It is the intention of the City Commission, 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 as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this `3 day of 4Pr'I , 2024.
ATTEST: •
7\2S1 APR 0 8 2024
teven Meiner, Mayor
Rafael E. Granado, City Clerk
Underline denotes new language APPROVED AS TO
Strikethrough denotes removed language FORM & LANGUAGE
&FOR EXECUTION
(Sponsored by Commissioner Laura Dominguez)
Co-Sponsored by Commissioner Alex J.Fernandez 3_ S--.l li
City Attorney Date
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s €IIICORP ORATED' c
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Ordinances - R5 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: April 3,2024
1:35 p.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 30 OF THE MIAMI
BEACH CITY CODE, ENTITLED "CODE ENFORCEMENT," BY AMENDING
ARTICLE III, ENTITLED "ENFORCEMENT PROCEDURE," BY AMENDING
SECTION 30-72 THEREOF, ENTITLED "CONDUCT OF HEARINGS," BY
CREATING SUBSECTION (C)ALLOWING ONLY ONE CONTINUANCE FOR
THE CITY AND ONE CONTINUANCE FOR THE ALLEGED VIOLATOR
EXCEPT IN EXCEPTIONAL CIRCUMSTANCES; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY •
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
See attached Commission Memorandum.
The Business Impact Estimate (BIE)was published on March 21,2024.
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerklmeeting-notices/
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Page 722 of 1445
Office of the City Attorney
Sponsor
Vice-Mayor Laura Dominguez and Co-sponsored by Commissioner Alex Fernandez
ATTACHMENTS:
Description
o Commission Memorandum
e Ordinance
Page 723 of 1445
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Rafael A. Paz, City Attorney �^
FIRST READING
DATE: March 13, 2024
SUBJECT: AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 30 OF THE MIAMI BEACH CITY
CODE, ENTITLED "CODE ENFORCEMENT," BY AMENDING ARTICLE III,
ENTITLED "ENFORCEMENT PROCEDURE," BY AMENDING SECTION 30-72
THEREOF, ENTITLED "CONDUCT OF HEARINGS," BY CREATING
SUBSECTION (C) ALLOWING ONLY ONE CONTINUANCE FOR THE CITY
AND ONE CONTINUANCE FOR THE ALLEGED VIOLATOR EXCEPT IN
EXCEPTIONAL CIRCUMSTANCES; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
At the request of the sponsor, Commissioner Laura Dominguez, this proposed ordinance
is presented to the Mayor and City Commission for your consideration on first reading.
The enforcement of the provisions of the Code of the City of Miami Beach is a priority of
the Mayor and City Commission. Efficient, speedy, and just resolution of City Code
violations heard before the City's special magistrates is an indispensable component of
achieving this priority.
Multiple continuances of hearings before the City's special magistrates frustrates this goal
and leads to inefficient, late, and unjust resolution of City Code violations.
The proposed ordinance facilitates timely resolution of matters heard before the City's
special magistrates by limiting continuances that may be granted by the special
magistrates to a maximum of one continuance to the alleged violator and one continuance
to the city, each for good cause shown. Moreover, subsequent motions for continuance
would be denied except in the most exceptional circumstances when the movant has
shown, through sworn testimony accompanying the motion, that fundamental due
process would be denied if the subsequent continuance was not granted.
RAP/RFR/mmm
Page 724 of 1445
Granado, Rafael
From: Mena Caceres, Keila
Sent: Wednesday,April 10, 2024 4:04 PM
To: Annette Cannon; Enrique Zamora (ezamora@zhvlaw.com); mal malukacs.com
Cc: Rothstein, Steven; Granado, Rafael
Subject: Special Magistrate Continuances - Ordinance No. 2024-4614
Attachments: Ordinance 2024-4614.pdf
Good afternoon,
Attached please find.Ordinance No.2024-4614, passed,and adopted on April 3, 2024.
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 30
OF THE MIAMI BEACH CITY CODE, ENTITLED"CODE ENFORCEMENT," BY AMENDING ARTICLE III, ENTITLED
"ENFORCEMENT PROCEDURE," BY AMENDING SECTION 30-72 THEREOF, ENTITLED"CONDUCT OF HEARINGS," BY
CREATING SUBSECTION (C)ALLOWING ONLY ONE CONTINUANCE FOR THE CITY AND ONE CONTINUANCE FOR THE
ALLEGED VIOLATOR EXCEPT IN EXCEPTIONAL CIRCUMSTANCES;AND PROVIDING FOR REPEALER,SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
Said Ordinance makes the following amendment:
Motions for continuance shall be filed with the clerk of the special magistrate.The special magistrate may grant a
maximum of one continuance to the alleged violator and one continuance to the city,each for good cause shown.
Subsequent motions for continuance shall be denied except in the most exceptional circumstances when the movant
has shown,through sworn testimony accompanying the motion,that fundamental due process would be denied if the
subsequent continuance was not granted.
Thank you. •
Respectfully,
M:IAMIBEACH
Keila Mena,Assistant City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Dr, Miami Beach, FL 33139
Tel:305-673-7411 / www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community.
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