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93-2898 Ordinance ORDINANCE NO. 93-2898 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 8, ENTITLED "BUILDING REGULATIONS" , AMENDING SECTION 8-5, ENTITLED "VIOLATIONS AND PENALTIES" BY PROVIDING THAT HEARINGS REGARDING BUSINESS LICENSE SUSPENSIONS AND REVOCATIONS SHALL BE DECIDED BY A SPECIAL MASTER APPOINTED AS PROVIDED IN SECTION 9B-4 OF THE CITY CODE: PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the amendment provided herein is necessary to clarify that hearings regarding business license suspensions and revocations shall be decided by Special Masters appointed by the Chief Special Master as provided in 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 8-5. That Section 8-5 of Miami Beach City Code Chapter 8, entitled "Building Regulations" is hereby amended to read as follows: Sec. 8-5. Violations and penalties. * * * (c) A Special Master, appointed by the City COl1\lftiooion upon reoOH\H\cndation of the ci ty }~;::mager, as provided in Section 9B-4 of this Code may either reVoke or temporarily suspend the business license of any person in accordance with the procedures set forth in Chapter 20, of this code when it is determined that the licensee is conducting business from premises which do not possess a valid and current certificate of occupancy and/or certificate of use as may be required by city or county laws. * * * Section 2. ReDealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.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. section 4. Effective Date. This Ordinance shall take effect on the 25th day of December , 1993. PASSED and ADOPTED this , 1993. ATTEST: ~lJ,^,C/..J~ L-,'~~ CITY CLERK 1st reading 11/24/93 2nd reading 12/15/93 SWS:scf:disk6\buildreg.ord FORM A~OVED/-, LE~PT. \j/ BY\~ _. ~ CV;et,,-/ Date ,Sez.,' ') 2 . -- - -.. - ~ . ~ <e~ eI~ O't'IU'A F L o R D A - -- I 4T.....CCI/',.E1 ':';~~-'" -<-.~\~, * ~c :.~ ~t..I.TlO). ~ '~\ .,~ 1 ",'-.::.--, <>,J ""Cii,Zb:> pcec:I..: LAURENCE FEINGOLD ~,11;"/' 3E.~~:- ;:_:~ :~ ~:" ~<:,2~ -~'--=?.....,:\: ,<~ 6..J....J..: -- ,................... ,,- ._~ ..-.~ :::....t:,- __,,,,,,,, ~ ~;J:;J > _I,"::: COMMISSION MEMORANDUM NO: 624-q3 DATE: NOVEMBER 17, 1993 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON y/ "./ !i_;,,,-"'-r.<:r v ' ~ /_ / . ~c-)o.Le":'~ J FROM: LAURENCE FEINGOLD CITY ATTORNEY 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 follow 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 ~ c.E 110A I TEr1 R-3-~ DATE~ 2-1 S-q~s '700 CC\J=:~'T:C'J Ce:",'T::;:i DRiVe: - FOuRTH FLOOR - ~IAMI BEACH, FLORIDA 33i39