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93-2893 Ordinance ORDINANCE NO. 93-2893 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS", AMENDING SECTION 25-126, ENTITLED "PENALTY" BY PROVIDING THAT SPECIAL MASTERS APPOINTED AS PROVIDED IN SECTION 9B-4 OF THE CITY CODE SHALL CONDUCT ADMINISTRATIVE HEARINGS AND APPEALS AS PROVIDED IN SECTION 25-126; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the amendment provided herein is necessary to clarify that administrative hearings and appeals provided for in Miami Beach City Code Section 25-126 shall be decided by Special Masters appointed by the Chief Special Master as provided in Miami Beach City Code Section 9B-4. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF SECTION 25-126. That Section 25-126 of Miami Beach City Code Chapter 25, entitled "Offenses-Miscellaneous is hereby amended as follows: Sec. 25-126. Penalty. (a) Unless otherwise provided herein, every person, firm, corporation, partnership, 1 imi ted partnership, association, estate, trust or business entity which is convicted of a violation of this chapter shall be punished by a fine not to exceed five hundred dollars or imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment; for a second conviction of a violation of this division such person or entity shall be punished by a fine not to exceed one thousand dollars or imprisonment in the county jail not more than twelve months, or by both such fine and imprisonment. 1Ql The provisions of section 25-61.4 through 25-61.10 shall be enforced by enforcement procedures before a Special Master, appointed by the City commiooion upon recommendation of the City Manager as set forth in Miami Beach City Code Chapter 9B, and penalties for violations of said sections shall be as set forth therein. (c) Except as provided in (b) above, enforcement of sections of this chapter which provide for civil penalties shall be in accordance with the following procedures: (1) If a code inspector as defined in chapter 9B of the Miami Beach city Code finds a violation of this article, said inspector shall issue a notice of violation to the violator as provided in chapter 9B. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within twenty (20) days after service of the notice of violation, and that failure to do so shall constitute an admission of the violation and waiver of the right to a hearing. (2) A violator who has been served with a notice of violation shall elect either to: a. Pay the civil fine in the manner indicated on the notice; or b. Request an administrative hearing before a special master appointed as provided in section 9B-4 of this Code by the City Commiooion upon recommendation of the City Uanager to appeal the decision of the code inspector which resulted in the issuance of the notice of violation. The procedures for appeal of the notice of violation by administrative hearing shall be as set forth in section 20-43 and 20-44 of the Miami Beach City Code. 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, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 2 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect on the December , 1993. PASSED and ADOPTED this ATTEST: ~ 5' ';( , -1t~vt\.~J c . \)v--t,,~ CITY CLERK 1st reading 11/24/93 2nd reading 12/15/93 SWS:scf:disk6\off-misc.ord FORM AP~VED ,LE~j)EPT. 0) By'---1!k~,ue ~1;e~ O C'I"" II ' EJ3 ate V\4-:~ -Ie, '-, . 25th day of , 1993. 3 . --- - -. - - . ~~ tf~7JmM F L o R o A -';( AT...,....()R~E'y .:.;~n'fJ~.-:_:. ~.~~\'5-" ~).' .. ~C:ll"lCiUrrO ;, " 1 1;,\~~~} '<CH2&~Y P G BOX ,J LAURENCE FEINGOLD ~J'I~\1: 3E.':"C,~ =....:'~ ,:A ~3'. ~-~1~3~ -E~EP"'C"E ::~ o-3-"~-: ~El...ECCiP\/ ~1=5 .6~?- ~',~,=,2 COMMISSION MEMORANDUM NO: 62Lf-q3 DATB: NOVEMBER 17, 1993 FROM: MAYOR SEYMOUR GELBER MEMBERS OP THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON ,/ -,,/~r;, 'Z.-.!-Y'~ LAURENCE FEINGOLD CITY ATTORNEY v' _ /_/' (k'J ~ TO: SUBJECT: AMENDMENT OF ORDINANCES TO ACHIEVE CONFORMITY BY PROVIDING FOR SPECIAL MASTERS APPOINTED BY THE CHIEF SPECIAL MASTER Section 9B-4 of the Miami Beach City Code provides for hearings regarding violations of City Codes and Ordinances to be conducted by Special Masters appointed by a Chief Special Master. The Chief Special Master is appointed by the City Commission upon recommendation of the City Manager and City Attorney. It was the intent that all hearings regarding violations of City Code and Ordinances should fpllow this procedure. The City also had several ordinances which once provided for administrative hearings to be held by the City Manager or his/her designee. (Those included appeals from noise, sidewalk cafe and garbage violations and certificate of use/occupational license denials/suspensions/revocations.) The ordinances were later amended to provide for hearings by a special master appointed by the City commission upon recommendation of the City Manager. The amendments to these Ordinances were not in conformity with Section 9B-4 of the Miami Beach City Code. By way of housekeeping, the attached amendments to those ordinances will now provide for those administrative hearings to be conducted by the Special Masters appointed by the City's Chief Special Master pursuant to City Code Section 9B-4. LF:scf:memos\specmast.cm .12 t>.GEIJDI\ I T('1 R-3-~- DATE---12- \ S-Cj3 -iOG CC~'JE~,,-;-iG'j CE",~::P DR!VE u FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139