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92-2805 Ordinance ORDINANCE NO. 92-2805 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 8, ENTITLED "BUILDING REGULATIONS" BY PROVIDING THAT HEARINGS REGARDING CERTIFICATE OF USE DENIALS, SUSPENSIONS AND REVOCATIONS SHALL BE DECIDED BY A SPECIAL MASTER APPOINTED BY THE CITY COMMISSION, UPON RECOMMENDATION BY THE CITY MANAGER; REVISING REGULATIONS PERTAINING TO SAID HEARINGS; REVISING GROUNDS FOR SUSPENSION/REVOCATION; PROVIDING FOR APPEALS FROM THE DECISIONS OF THE SPECIAL MASTER; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 8-5 of Miami Beach City Code Chapter 8, entitled "Building Regulations" provides for administrative hearings before the City Manager or his designee regarding denials, suspensions and revocations of certificates of use; and WHEREAS, the City Manager has recommended that said hearings be held by Special Masters appointed by the City Commission; and WHEREAS, the City commission believes that the use of Special Masters to hold such hearings will be a just and expeditious method of adjudicating such matters; and WHEREAS, the revisions contained herein are necessary to the welfare of the citizens of the City of Miami Beach, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE 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) !J!fte City Managcr A Special Master. appointed bv the City Commission upon recommendation of the city Manager. 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 by thc City Unna(jcr 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 1 be required by city or county laws. SECTION 2. AMENDMENT OF SECTION 8-6. That Section 8-6 of Miami Beach City Code Chapter 8, entitled "Building Regulations" is hereby amended to read as follows: Sec. 8-6 Grounds for suspension or revocation. The city Manaqcr or hiD dCDiqncc SDecial Master shall either revoke or temporarily suspend the certificate of use of any owner/applicant where it is determined by the City }ianaqcr or hiG dCDi~ncc Special Master that: (a) The owner/applicant has misrepresented or failed to disclose material information required by this chapter to be included in the certificate of use application form. (b) The owner/applicant, as part of the owner/applicant's business activity within the City of Miami Beach, is engaged in conduct which is an actual threat to the public health, welfare or safety. (c) The owner/applicant is conducting business from premises which do not possess a valid and current certificate of occupancy as may be required by city or county laws. (d) Habitual conduct has occurred at the owner/applicant's premises which violates city, county or state law. (e) The certificate of use issued by the city depended upon the owner/applicant's compliance with specific provisions of federal, state, city or Dade County law and the owner/applicant has violated such specific provisions of law. (f) The owner/applicant has violated any provision of this chapter and has failed or refused to cease or correct the violation after notification thereof. (g) The owner/applicant, as part of the owner/applicant's business activity within the City of Miami Beach, knowingly lets, leases, or gives space for unlawful gambling purposes at the owner/applicant's premises. (h) The owner/applicant within the preceding 5 years in this state, any other state, or the United states, has been adjudicated guilty of or forfeited a bond when charged with soliciting for prostitution, pandering, letting premises for prostitution, keeping 2 a disorderly place, illegally dealing in narcotics. or aRY other crime reflectiR~ OR profcBoioRal character. (i) The premises have been condemned by the local health authority for failure to meet sanitation standards or the premises have been condemned by the local authority because the premises are unsafe or unfit for human habitation. (j) The owner/applicant's premises have been found to constitute a public nuisance by the Nuisance Abatement Board. The suspension or revocation shall be of the certificate of use in effect at the date of such suspension or revocation, even though it may have been issued to an owner/applicant other than the person who held the certificate of use at the time the cause for such suspension or revocation arose. No certificate of use shall be suspended or revoked under this section for a period of more than 12 months. No new certificate of use shall be issued to the owner/applicant, or to any other firm in which the owner/applicant or any of its otockholdcro aeneral partners. limited partners or shareholders owninq twenty percent (20%) or more of its shares. or its aqents or employees when such persons are activelY involved in the business under revocation/suspension and had knowledae of the violations which caused the suspension/requlation is interested, for any premise during the term of such suspension or revocation. At the end of such period of suspension or revocation the owner/applicant may apply for a new certificate of use. SECTION 3. AMENDMENT OF SECTION 8-9. That section 8-9 of Miami Beach City Code Chapter 8, entitled "Building Regulations" is hereby amended to read as follows: Sec. 8-9. Bearinq when owner/applicant or permittee fails to comply with notice-or when requested bv aaarieved owner/aDDlicant. If an owner/applicant or permittee fails to comply with any notice issued as provided above, the City Manager or his designee may issue an order in writing to the owner/applicant, by certified mail, or hand delivery notifying him to appear at an administrative hearing before the City Managcr or hiG deoigRcc a Special Master to 3 be held at a time to be fixed in such order, which date shall be not less than five days after service thereof. In the event an miner/applicant fails to comply with a lawful order of the City Manager or his designee, the City Mana~er or hia dcai~nce may orser the clo13ing of the offending Buaincos ana enforoe hio order by aotion of Miami Beaoh rolioc Department, oentraotca oervioco or other oity foroeo. The ooot of the enforoement aotion ohall be plaoed a13 a lien againot the owner/applioant'a real and peraonal property. Except as provided in naraqranh (b) of section 8-10 herein. an administrative hearinq may also be reauested bv an owner/applicant aqqrieved bY a decision regardinq denial of a certificate of use. determination of fees/penalties due and/or warninq of potential suspension/revocation. The reauest must be in writinq and filed in the City Manaqer's Office within 10 days of receipt of the decision complained of. The reauest must specify the decision and the owner/applicant's qrievance and must be accompanied bv a fee of $75.00 to defray expenses of the hearinq. The fee will be refunded if the owner/aP91icant prevails in the appeal. SECTION 4. AMENDMENT OF SECTION 8-10. That section 8-10 of Miami Beach City Code Chapter 8, entitled "Building Regulations" is hereby amended to read as follows: Sec. 8-10. Hearing procedures; enforcement of orders. Upon order of the City Hana~er or upon the requeot of a peroon whooe oertifioate of uoe hao been denies or revolted or ouopcnsed by emergenoy order of the City Manager or whooe oertifioate of uoe hao been threatened with denial, revooation or ouopenoion ey the City Manager or hio deoignee, or upon the requeot of any other miner/applioant affeoted by aotion of the city, a hearing ahall be provided. The hearing chall be oonduoted in the following mannerl (a) City Manager Review bv Special Master (1) Other than as set forth in (b) hereinbelow, the e-i:ey Manager or hia deoignce Special Master shall give written notice of the time and place of the hearing to the owner/applicant bv certified mail or hand delivery and to the 4 City Attorney's Office. (2) the proceedings shall be informal but shall afford the owner/applicant the right to testify in his own defense, present witnesses, ftaye be reDresented bv legal counsel prcoent submit relevant evidence and cross-examine witnesses, and obiect to evidence. The Droceedinas shall be recorded and minutes kept by the city. Any owner/aDDlicant reauirina verbatim minutes for iudicial review may arranqe for the services of a court reDorter at his/her/its own eXDense. (3) wi thin ten days of the close of the hearing the ~ Malinger or hia aeoiCJnee Special Master shall render his decision in writing determining whether or not the owner/applicant's certificate of use shall be revoked or suspended or denied, or other action taken or continued, as the case may be and stating his reasons and findings of fact. (4) The City Manager or hia aeoiCJlice Special Master shall file his findings with the city clerk and shall send a true and correct copy of his order by certified rc~iotcred mail, return receipt requested, or by hand delivery to the business address listed on the certificate of use or to any such other address as the owner/applicant shall designate in writing. (b) Board of Adjustment Review. Denial of a certificate of use for lack of proper zoning shall be appealable to the Board of Adjustment pursuant to Section 16-7.1. of the City of Miami Beach Zoning Ordinance 89-2665. All appeals must be submitted to the Board within 15 days of the date of the denial. (c) Administrative Rulings as Final. The Special Master City Mnnager'B/Board of Adjustment's findings shall constitute the final administrative action of the City of Miami Beach for purposes of judicial review under Florida law. 'Phe otnndard of review ohall be whether tho City Maliager/Board of Adjuotment'a action or docioion is oupportod by oubotalitial competolit c~idence and whethcr the adminiotrative hearing departed from thc oooential 5 rcquircmcnto of law. Cd) Enforcement. In the event that an owner/applicant fails to seek timelY appellate review of an order of the Special Master/Board of Adiustment. or to complv timely with such order. the City Manaqer's Desiqnee mav pursue enforcement procedures as set forth in section 8-5 herein. Business closinqs required by suspension/revocation orders may be enforced by the city's Police Department and the costs for the enforcement action shall be placed as a lien aqainst the owner/applicant's real and ~ersonal property. SECTION 5. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. 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 7. EFFECTIVE DATE. This ordinance shall take effect ten (10) days after its adoption, on October 18 , 1992. ~~~~2~~,- CITY CLERK j~~~~ 1st reading 9/16/92 2nd reading 10/8/92 October , 1992. PASSED and ADOPTED this ATTEST: SWS:scf:\disk2\bldgreg.ord FORM APPROVED LEGAL DEPT. By. . ,/,; ". .. ) ""~'~/'l,\.""',/ /,)1 ,~,_...... . ,>'" ./ ," r _~ .... __ .... ~ 6 Date s~ '''''-'2- !I CITY OF MIAMI BEACH CiTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 5 56 -q ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: September 16, 1992 FROM: Roger M. CarttoJJ II. (J J ~ City Manager__ SUBJECT: CERTIFICATE OF USE ORDINANCE - . APPEALS TO BE BEARD BY SPECIAL MASTER . AMENDMENTS TO UPDATE PROCEDURES ADMINISTRATION RECOMMENDATION: The Administration recommends that the city commission approve the attached Ordinance which provides that hearings regarding Certificate of Use denials, suspensions and revocations ~hall be decided by a Special Master; and, amends the grounds and procedures used for denial/suspension/revocation of certificates of use required by Chapter 8 of the City Code. BACKGROUND: The Ordinance provides that hearings regarding denial/suspension/revocation of certificates of use be conducted by a Special Master appointed by the City commission rather than by the City Manager or his designee. Also, the Ordinance amends the grounds and procedures used for denial/suspension/revocation of certificates of use required by Chapter 8 of .the City Code. ANALYSIS: The appointment of a Special Master will provide a more neutral and expeditious way of adjudicating the ever-increasing number of hearings requested by owner/applicants. The amendments to this Ordinance are needed to update procedure in keeping with corresponding changes recently made in the occupational License Ordinance. CONCLUSION: In order to provide a more impartial and eff icient method of providing hearings for the above-mentioned cases the Administration recommends that the City commission approve the request for the appointment of a special Master; and, also to approve the amendments to update procedures. RMC:EC: lCd# Attachment Zl AGENDA ITEM R-~ -C- lo-8-CfZ DATE