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92-2807 Ordinance ORDINANCE NO. 92-2807 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 14A, ENTITLED "WASTE REMOVAL" : AMENDING SECTION 14A-31 WHICH PROVIDED FOR ADMINISTRATIVE APPEALS OF CITATIONS FOR VIOLATIONS OF SECTIONS 14A-29, 14A-32 AND 14A- 33 TO BE DECIDED BY THE CITY MANAGER OR HIS DESIGNEE BY PROVIDING THAT HEREAFTER SAID APPEALS SHALL BE DECIDED BY A SPECIAL MASTER APPOINTED BY THE CITY COMMISSION, UPON RECOMMENDATION OF THE CITY MANAGER: PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Section 14A-31 of Miami Beach city Code chapter 14A, entitled "Waste Removal" provides that appeals from citations issued by the city for violations of Sections 14A-29, 14A-32 and 14A-33 of said Chapter shall be heard and decided by the City Manager or his designee; and WHEREAS, the City Manager has recommended that said appeals be decided 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 certain violations of Chapter 14A 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. That Section 14A-31 of the Miami Beach City Code Chapter 14A, entitled "Waste Removal" is hereby amended to read as follows: Sec. 14A-31. Appeal to oi~y Manager. sDecial Kaster. Any person receiving a notice of violation pursuant to section 14A-29 and/or notice of fine pursuant to sections 14A-32 and/or 14A-33 may request, within fifteen (15) days of receipt of said notice, an administrative hearing before the City }{anager a Special Master appointed by the city Commission. upon recommendation of the city Manager. to appeal the decision of the city inspector which resulted in the issuance of the notice. Procedures and application fee for the scheduling and conduct of said hearing shall be as provided in 1 section 2 o-~ 43 &44 of the City Code. Failure to appeal within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing shall be treated as an admission of the violation as noticed, and penalties may be assessed accordingly. Timely filing of a notice of appeal pursuant to this section shall toll the imposition of a lien pursuant to sections l4A- 27 or 14A-29 or enforcement procedures pursuant to section 14A-29 until thirty (30) days after the issuance of a written determination by the ~ Manager. Special Master. Any amounts of money due the city pursuant to said determination must be received by the City within thirty (30) days after the issuance of the determination or a lien shall be imposed upon the property in violation or other enforcement or collection procedures commenced as provided by this chapter. 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 day October ATTEST: ~~ [-_..~- CITY CLERK fa/\l"~1.-- 1st reading 9/16/92 2nd reading 10/8/92 SWS:scf:\disk2\wastremv.ord FORM APPROVED LEGAL DEPT. 2 \ By' 'l.~/~"~ /' ,- </ . ~\ ,;1"/"'//:1 ,'~ Date ).", If'" If.. tf-;;L CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 ~5~ -g:2- OFFICE OF THE CITY MANAGER TO: Mayor Seymour Gelber and Members of the City Commission DATE: SEPTEMBER 16, 1992 FROM: Roger M. Gartton 0 I, J tJ . J ~ City Manager ~~ SUBJECT: WASTE REMOVAL 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 Waste Removal shall be decided by a Special Master appointed by the City Commission. BACKGROUND: The Ordinance provides that hearings regarding Waste Removal be conducted by a special Master appointed by the City Commission rather than by the City 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 Ci ty Commission. RMC:EC:lCd' Attachment 35 AG~~~~_R - ~_ G DATE J 0- ~ - ~ 2.