93-2864 Ordinance
ORDINANCE NO.
93-2864
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 17-D ENTITLED
"ABATEMENT OF NUISANCES", SECTION 170-3
THEREOF CONCERNING "OPERATING PROCEDURES" BY
PROVIDING FOR REVIEW AND APPROVAL BY THE
NUISANCE ABATEMENT BOARD OF ALL COMPLAINTS
PRIOR TO THEIR DISMISSAL; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1.
Miami Beach city Code Chapter l7-D entitled "Abatement of
Nuisances", Section l7D-3 entitled "Operating Procedures" is hereby
amended to read as follows:
Section l7D-3. Operating Procedures.
(a) Any employee, officer or resident of Dade County or
of the city of Miami Beach may file a complaint and
request for prosecution with the city attorney
regarding the existence on premises located in
Miami Beach of a public nuisance as defined in
section l7D-l after first giving not less than
three days written notice of such complaint to the
owner of the place or premises complained of at his
last known address.
(b) The city attorney, when he has received the
aforesaid complaint and request for prosecution and
has reason to believe that a public nuisance as
defined in section l7D-l exists on the premises
complained of located in the city of Miami Beach
and that the aforesaid written notice has been duly
sent to the owner of the premises, shall promptly
request a hearing before the nuisance abatement
board.
(c) Service. The Nuisance Abatement Board, through its
clerk, shall schedule a hearing, and written notice
of said hearing shall be sent by certified mail or
hand delivered to the owner and operator(s) of the
premises complained of at their last known
addresses at least fourteen days prior to the
scheduled hearing. If an attempt to reach the
owner and operator(s) by hand delivery or certified
mail is unsuccessful, notice of the hearing may be
by publication as provided in chapter 49 of the
Florida statutes.
(d) The aforesaid notice of hearing shall include:
(1) A statement of the time, place and
nature of the hearing;
(2) A statement of the legal authority
and jurisdiction under which the
hearing is to be held;
(3) A reference to the particular
sections of the statutes and
ordinances involved;
(4) A short and plain statement
summarizing the incidents complained
of.
..!...gl No Complaint filed pursuant to Section l7D-3 (a)
hereinabove shall be dismissed without the prior
review and approval of the Nuisance Abatement
Board. In approving any dismissal. the Nuisance
Abatement Board may consider the recommendations of
the Offices of the city Manaqer and the city
Attorney.
SECTION 2. REPEALER
All Ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
2
SECTION 3.
SEVERABILITY
If any section, sentence, clause or phrase of this ordinance
is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 4.
EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its
adoption, on
August 7
, 1993.
PASSED and ADOPTED this 28th day of
July
1993.
~~
VICE- MAYOR
ATTEST:
~(>~~v~_L~'~
ffiy CLERK
1st reading 7/14/93
2nd reading 7/28/93
FORM APPROVED
LEGAL DEPT.
By
-:1L:Y
Date
I-~-'\S
(Requested by commissioner Neisen Kasdin)
JO/ks
(a: \resord\chap 17d. ord)
3
OFFICE OF THE CITY ATTORNEY
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CITY ATTORNEY
POBOX 0
MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE (305) 673-7470
TELECOPY (305) 673-7002
LAURENCE FEINGOLD
COMMISSION MEMORANDUM NO.
3 7/-~ 3
TO:
MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CA~LTON
DATE: JULY 14, 1993
.
FROM: LAURENCE FEINGOLD - . V ~
CITY ATTORNEY \__/~~ 9Ie~
SUBJECT: AMENDMENT TO MIAMI BEACH CITY CODE CHAPTER 17D REGARDING
NUISANCE ABATEMENT BOARD -- NECESSITY FOR BOARD APPROVAL
PRIOR TO DISMISSAL OF COMPLAINTS
Pursuant to the request of city Commissioner Neisen
Kasdin, the attached proposed Ordinance amends Chapter 17D of the
Miami Beach city Code regarding Nuisance Abatement Board and
provides in Section 170-3 thereof that approval of said Board is
required prior to dismissal of all complaints filed concerning
nuisances under Chapter 170.
JO/ks
(a:resord\nab714.cm)
AGENDA --R 3 G
ITEM --
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