92-2806 Ordinance
ORDINANCE NO.
92-2806
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING KIAMI BEACH CITY CODE
CHAPTER 24, ENTITLED "NOISE"; AMENDING SECTION
24-10 WHICH PROVIDES FOR ADKINISTRATlVE
APPEALS OF CITATIONS FOR VIOLATIONS OF CHAPTER
24 TO BE DECIDED BY THE CITY MANAGER OR HIS
DESIGNEE AS SET FORTH IN MIAMI BEACH CITY CODE
SECTION 20-29 BY PROVIDING THAT, HEREAFTER,
SAID APPEALS SHALL BE DECIDED BY A SPECIAL
MASTER APPOINTED BY THE CITY COMMISSION, UPON
RECOMMENDATION OF THE CITY MANAGER, IN
ACCORDANCE WITH THE PROCEDURES SET FORTH IN
KIAMI BEACH CITY CODE SECTION 20-43; PROVIDING
FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, Section 24-10 of Miami Beach City Code Chapter 24
entitled "Noise" provides that appeals from citations for
violations of the Chapter be heard and decided by the City Manager
or his designee; and
WHEREAS, the City Manager has recommended that said appeals be
heard by Special Masters appointed by the City commission; and
WHEREAS, the City Commission believes that the use of Special
Masters to decide appeals from citations for violations of Chapter
24 will be a just and efficient method of adjudicating such
appeals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
AMENDMENT OF SECTION 24-10.
That Section 24-10 of Miami Beach City Code Chapter 24,
entitled "Noise" is hereby amended to read as follows:
Sec. 24-10.
Rights of Violators; payment of fine; right to
appeal; failure to pay civil fine, or to
appeal.
(1) 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 by the city Commission. upon
recommendation of the city Manaqer. hearing officer
to appeal the decision of the Code Inspector which
resul ted in the issuance of the notice of violation.
1
(2) The procedures for appeal by administrative hearing of
the notice of violation shall be as set forth in Section 20-~
~ - of the Miami Beach City Code as it may be amended from
time to time.
(3) If the named violator after notice fails to pay the civil
fine or fails to timely request an administrative hearing
before a Special Master hcarinq officer, the Special Master
hearing officer shall be informed of such failure by report
from the Code Inspector. Failure of the named Violator(s) to
appeal the decision of the Code Inspector within the
prescribed time period shall constitute a waiver of the
violator(s)' right to administrative hearing before the
Special Master hearing officer. A waiver of the right to an
administrative hearing shall be treated as an admission of the
violation and penalties may be assessed accordingly.
(4) Any party aggrieved by the decision of a Special Master
an administrative hearinq officer may appeal that decision to
a court of competent jurisdiction as provided in section
162.11, Florida Statutes.
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.
SECTION 4.
EFFECTIVE DATE.
This Ordinance shall take effect on the
18th
day of
October
, 1992.
PASSED and ADOPTED this
8th
, 1992.
ATTEST:
~~[~~~'-
CITY CLERK lo/l~CjL-
1st reading 9/16/92
2nd reading 10/8/92
SWS:scf FORMaAPPROVE D
lEGAlfiEPT.
2
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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.
_S5b -C)1-
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: SEPTEMBER 16, 1992
FROM: Roger M. Carlto
City Manager
SUBJECT: NOISE ORDINANCE - APPEALS TO BE BEARD BY SPECIAL MASTER
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the city commission approve the
attached Ordinance which provides that hearings regarding "Noise"
shall be decided by a special Master appointed by the City
Commission.
BACKGROUND:
The Ordinance provides that hearings regarding "Noise" be conducted
by a Special Master appointed by the City Commission rather than by
the ~ity Manager or his designee.
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.
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 to be appointed by the City
Commission.
RMC:EC:lCd#
Attachment
"
.
30
AGENDA
ITEM
R-3-b
l 0-] -q2-
DATE