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93-2841 Ordinance ORDINANCE NO. 93-2841 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS", AMENDING SECTION 25-126, ENTITLED "PENALTY" BY ESTABLISHING ENFORCEMENT PROCEDURES FOR SECTIONS OF CHAPTER 2 5 WHICH PROVIDE FOR A CIVIL PENALTY, PROVIDING THAT FINES IMPOSED PURSUANT TO THOSE PROCEDURES SHALL CONSTITUTE LIENS WHICH MAY BE FORECLOSED: PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Miami Beach city Code Chapter 25, relating to miscellaneous offenses contains some sections which provide for civil penalties for violations; and WHEREAS, it is anticipated that some future amendments to Chapter 25 may provide for civil penalties for violations; and WHEREAS, Section 25-126 which relates to penalties for violations of Chapter 25 needs to be updated to provide procedures for civil enforcement of such violations. NOW, THEREFORE, BE IT ORDAINED BY THE 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 is entitled "Offenses--Miscellaneous" is hereby amended to read as follows: Sec. 25-126. penalty. lil Unless otherwise provided herein, every person, firm, corporation, partnership, limited 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. lQl 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 commission upon recommendation of the city Manager thc Pii~mi Bc~ch codc Enforccmcnt Bo~rd as set forth in Miami Beach City Code Chapter 9B, and penalties for violations of said sections shall be as set forth therein. lQl Except as provided in (b) above, enforcement of sections of this chapter which provide for civil penalties shall be in accordance with the followinq procedures: ill If a code inspector as defined in chapter 9B of the Miami Beach citv 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 payinq the fine, notice that the violation may be appealed bv requestinq an administrative hearinq 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 riqht to a hearing. 121 A violator who has been served with a notice of violation shall elect either to: ~ Pay the civil fine in the manner indicated on the notice; or ~ Request an administrative hearinq before a special master appointed bY the city commission upon recommendation of the city Manager 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 bv administrative hearinq shall be as set forth in sections 20-43 .~l:l~." :~9'?!:~ of the Miami Beach city Code. If the named violator after notice fails to pay the civil fine or fails to timely request an administrative hearinq before a special master, the special master shall be informed of such failure by report from the code inspector. Failure of the named violator to appeal the decision of the code inspector within the prescribed time period shall constitute a waiver of the violator's riqht to administrative hearinq before a Special Master. A waiver of the riqht to an 2 administrative hearinq shall be treated as an admission of the violation and penalties may be assessed accordinqlY. Any party aqqrieved bY the decision of a special master may appeal that decision to a court of competent iurisdiction. ill The city of Miami Beach may institute proceedinqs in a court of com?etent iurisdiction to compel payment of civil fines. A certified COpy of an order imposinq a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned bY the violator and it may be enforced in the same manner as a court iudqment bY the sheriffs of this state, includinq levy aqainst the personal property. but shall not be deemed to be a court iudqment except for enforcement purposes. After two (2) months from the filinq of any such lien which remains unpaid. the city of Miami Beach may foreclose or otherwise execute on the lien. section 2. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. section 3. Repealer. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. section 4. Effective Date PASSED and ADOPTED this 21st (10) days after it This Ordinance shall take adoption. April , 1993. --- ATTEST: I CITY CLERK 1st reading 4/8/93 2nd reading 4/21/93 SWS:scf:\disk3\penalty.ord fORM APPROVED L~()EPT.. ~ BY\-,/~~ t2if Date SW~' i.1 ~ IS- 'i ") 3 OFFICE OF THE CITY ATTORNEY ~ rlJIdomi 1JeuM F L o R D A LAURENCE FEINGOLD POBOX 0 CITY ATTORNEY MIAMI BEACH. FLORIDA 33119-2032 TELEPHONE (305) 673-7470 TELECOPY (305) 673-7002 COlOlI88IOII 1WI0lWmUX 110: ~ G, 7-9 3 DATB: APRIL 8, 1993 8UBJBCT: KAYOR 8BYMOUR GBLBBR MBMBBRB OF TBB CITY COlOlI88IOII CITY MAlIAGBR ROGBR M. CARLTOII ~~~::~GOLDvL ~oa1 ORDIlIAlICBRBGARDIIIG PBIIALTIB8 FOR MI8CBLLAlIBOU8 OFFBII8B8 TO: FROM: The attached ordinance drafted by the city Attorney's Office amends the general penalty section of ci ty Code Chapter 25, "Miscellaneous Offenses". Chapter 25 contains prohibitions regarding various offenses such as burning buildings, consuming alcohol on the beach, repairing motor vehicles on public streets, etc. Currently, the penalty provision in Chapter 25 provides for two types of enforcement and penal ties for the miscellaneous offenses: 1) county court enforcement (fine not to exceed $500 and/or not more than 30 days imprisonment for a first offense and a $1000 fine and/or up to 12 months imprisonment for a second conviction) and 2) enforcement before a City Special Master according to procedures set forth in City Code Chapter 9B (no fine unless violation continues after Special Master orders it to stop - then up to $250/day or $500/day for repeat violations). In recent years, the City commission has passed some ordinances utilizing a different procedure which establishes specific fines for violations and provides procedures for appeal of the violations to a City special master. Some of those ordinances involve subjects such as garage sales, noise and sidewalk cafes. Because this method of enforcement/penalty is not set out in the code, the procedures must be specified in detail within each ordinance. This ordinance amends the general penalty section of Chapter 25 to include as a means of enforcement and penalty these fine/appeal procedures, so that whenever the Commission wishes to pass future ordinances utilizing these procedures, reference can be made to this Section to avoid the necessity of specifying the procedures in detail in each ordinance. This ordinance is being sponsored by Commissioner David Pearlson. 23 LF:scf:miscofen.cm AGENDA _R 3 '" ITEM --u D~TE i-~(-q3 -70:' CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH FLORIDA 33139