LTC 213-2011 Special Masters r
MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC '# 213-2011 1 LETTER TO COMMISSION
TO: Mayor Matti 'Herrera -Bower and Members of:the City Commission
FROM: Jorge' M Gonzalez, City Manag
DATE: August 26, 2011
SUBJECT: SPECIAL MASTERS. IMPOSING OF A FINE. CAP
On September '9, 2009, the City Commission adopted Ordinance No. 2009 -3647 (See
Attached "A ") to limit the overall size of liens that might accumulate on .a specific property.
Ordinance 2009 -3647 called for °the special masters to assign - a mandatory CAP for - fines:
The ordinance provides the special masters with the authority to reduce the fine CAP_ in order
to. reflect partial compliance but not to increase the CAP for lack of compliance.
The Ordinance established. that the CAP provision shall automatically sunset and shall -be
repealed - on September 19, 201 1 . :
The, Ordinance has been in effect for almost two years. The Administration ,is in agreement to
sunset..the CAP provision - for the reasons stated in Chief .Special Master-Abe Laeser'.s email
dated August 17 .201 1 (See Attachment "B ").
Please contact me if you have any questions.
JMG/RE,P/fb
Attachments
FACLER \$ALL \LILLY\LTC 2011 \specialmasterlm posing FineCAP.doc
I
SE OND "`READING
ORDINANCE �NO.
2009 -3647
f
AN ORDINANCE O THE MAYOR AND CITY COMMISSION OF �
"THE CITY OF MIAMI BEACH, FLORIDA, AMENDING - CHAPTER
30, ENTITLED "CODE ENFORCEMENT;. " BY AMENDING
ARTICLE III THEREOF, ENTITLED "ENFORCEMENT
PROCEDURE;" BY AMENDING SECTION `3.0 =74, ENTITLED
"FINE,'" BY AMENDING THE PROVISIONS RELATING "TO THE `
MITIGATION OF .FINES. AND THE .IMPOSITION -OF A. , FINE . �
CAP; BY AMENDING. SECTION' 30 -76, ENTITLED
REHEARINGS, ;MITIGATION, BY - INCREASING 'THE TIME
PERIOD. FOR THE .JURISDICTION OF THE SPECIAL MASTER
FOR }THE ,MITIGATION- OF FINES TO THREE YEARS AND
PROVIDING CRITERIA RELATIVE TO FINE !MITIGATION,.
PROVIDING � -
. FOR - REP,EALER; SEVERABILlTY ,. :.
CODIFICATION; AND AN EFFECTIVE DATE.
;WHEREAS, the {code enforcement procedures `adopted -in Chapter . 30 of the Miami
Beach'.City `.Code provide, necessary regul ations, fines, and "penalties for the violation of the City
Code; :and
?..
WHEREAS, under ,certain circumstances, the -mitigation of fines °subsequent 'to the
correction. and compliance with - code requirements is warranted and equitable; :and
WHEREAS, the,Mayor.and City Commission deem it :advisable to' .amend the code
enforcement provisions in :Chapter .30 to reflect additional criteria.. relative to'.the.-mitigation of
fines 'in :the instance where a violation has been corrected, and :to establish mitigation ::standards
for reducing certain :fines subsequent to compliance.
NOK THEREFORE, BE , IT . .DULY 'O'RDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY,OF .MIAMI BEACH, FLORIDA, AS FOLLOWS:
,- SECTION - 1
That Section °30 =74, entitled of Article II1, entitled "Enforcement Procedure, :of Chapter
:30, entitled "Code Enforcement"' the Miami Beach City .Code, pis hereby amended :as
CHAPTER.30 -�
"
CODE ENFORCEMENT
:Article 111. 'Enforcement'Procedure
Fine.
Sec.30 =74.
{a) A special master, upon , notification - the code. inspector that an order previously
issued Sin a case has not-been ..complied with 'by the set time or upon finding that :a repeat
violation has' committed, .may order the violator to pay a fine in :an amount specified
in - .this , -section "for .each day the violation ;continues past the date °set by the special
master. for, compliance .or, in the a repeat violation, for each .day the repeat
9 g . P
violation continues beginning with .the date -the .re eat violation is found to have occurred
:. by the code inspector.
(b) . In addition, if the violation is a violation described in - subsection '30- 71 - the
sp ed al. master shall notif the Ci ty
commission, which, ma make :alt reasonable re airs .
fY Y Y P
required to bring the property into compliance and charge .the - violator with - the
reasonable cost -of ._the repairs - along with the fine - imposed pursuant to this section. '
Making such repairs -does note create a - :continuing obligation on the part -of °the local
governing :body to make further repairs or to maintain the property and does not create
any liability against the local governing .body for any damages to the .,property if such
repairs were completed n .good faith. If °a finding of- a violation � or :a repeat violation has
been made as provided in this article, .a hearing shall not'.be `necessary for issuance of
{
the .order imposing :the fine. If after due notice -and . „ a pecial master finds a
violation 'to be irreparable or :irreversible in nature; it may order the violator .to ,pay a fine
a s specified subsection (C) below:
(c) In :addition -to -such `fines, �a :special master ;may impose additional fines to cover
all costs incurred.,by - the local .government - in.enforcing_ its or- the, count y `s codes iand all .
costs of repairs - pursuant to = subsections 30 -74(a) and (b).
d A,fine .im osed pursuant to =this .section shall. $1, e
000.00 r da . !
- O p P P, Y for ,a
first violation .and shall :not exceed $5;000.:00 per day fora repeat violation. In addition,
the special :master - may Include =all' costs of repairs pursuant .to .subsection '30-74
However., if the special master finds the .violation to. 'be irreparable or irreversible in
:nature, he -may impose °a fine snot - -to -exceed $1.5;000..00 ;per. violation. T Special
Master shall,. at °.the time of - the imposition of _a fine, fnay impose - a cap on the total
amount of a fine that ma accrue and at:a subse vent hearing he
v g g, t Special Master shall i
reduce the fine ' reflect partial .compliance.' The cap provisions - set -forth in this !
section , shall not - apply to , the fines imposed .pursuant to other chapters in this Code that
do not impose per diem
e In determinin the -amount of 'the fine, if .an the fine cap, or a reduction in the
(} 9 Y,
fine cap to reflect. partial compliance the special master shall :consider the following
factors:. I
1.- The ravit .:.of .the violation'
(2) Any: actions - taken . - violator ' correct he violation; :,and
{3) Any previous violations committed by the violator. i
: The cap provisions in °subsections (d) and (e) shall :automatically sunset .and shall :be
' repealed on September °19, 20.11. i
(fl A special masterFinay.md wse mitigate fine imposed Pursuant to this - section . j
' provided in section :3D= 76(b)
-
(g) A certified .copy 'of an .order.imposing a fine may be recorded in the :public records
and. thereafter shall. constitute a lien against the land on which the violation exists and
.upon. any :other real or personal ,property owned 'by the violator. Upon .petition to the.
circuit court, such order may :.be enforced in the same manner as a .court judgment °by
-the 'sheriffs of this state, including evy .against - the personal ;property; .but such order . -
shall not -be deemed -to - be a :court judgment except for enforcement ' A fine .
imposed :pursuant to this .article hall continue `to accrue .until the violator comes into
compliance or until judgment is. rendered in a suit Io foreclose on :a .lien filed pursuant to
this section, -whichever- occurs first.
,
:,(h): A :lien arising _from a fine imposed pursuant .to this section runs an favor of .the city:
and the 'city .clerk upon full payment may execute -a _ satisfaction or release of lien entered
pursuant to this section; in the event ;of settlement for aess -than the, full amount : of said -
lien satisfaction or release -shall require approval:-,of ' the city. manager and -the
special master:
(i) After three 'months -from the filing of any lien which remains unpaid, the special
master may :authorize .the city attorney `to forec on the lien. No lien .created:.pursuant
to the provisions of this article may be foreclosed on re al is :a h mestead
under Fla. Const.; art. X, § 4.
Section 2: ti
That Section. 30 -76, entitled "Rehearings; mitigation" of Article ilk,. entitled "Enforcement
Procedure;" of Chapter 30, entitled "Code `Enforcement;" of the Miami Beach City Code :is .
hereby amended :as follows.:
Sec: :30 -.7.6, Rehearings; mitigation. '
(a) Rehearings. Upon .filing of a petition for rehearing :by a.. violator or :by the city 1
administration, .a special master may rehear -a case,, take additional testimony•and issue
'a, new order. The petition must 'be filed with the ,clerk ' of the :special master and must
demonstrate that there is newly discovered evidence - that could not have
- discovered :through the use - due diligence 'prior °to - the original - hearing. and that will
probably change the result if a rehearing is granted, or 'the special master :has
overlooked or °failed :to consider something which rendera - .the .orderrissued erroneous : :A
. petition for rehearing - must ;be y.filed -within - 30 days of , the fling .of the oast. order .issued in
the :case. `
e
(b) Mitigation.. All ;applications for mitigation shall be`:made writing -and under
No - applications - for mitigation - shall, .be considered until an _affidavit of compliance, 'has .
been filed by the city or she: property.- owner. A petition :for �re'lief:from , order shall
'be - brought :within one year. A petition for .mitigation shall :be - brought
within see three years after the 'entry 'of an
Affidavit of compliance. and is:subiect to the -following mitigation criteria•. ;
' The gravity, of the violation;
: The promptness�,of .compliance;
3
- The good faith .actions taken to correct the violation; and ' The - amount `of equity in the property relative to the amount 'of the lien.
Mi i - not 'be for : u ose of re or :a
t gation m ay used heacin g
•' Y .. , : P, rp 9 PPea . o the original
' :.. order imposing the fine:
•
SECTION 3 . 'Repealer.
All ordinances or parts of ordinances in nflict herewith : :be r and the same are hereb `.
Y
're
SECTION 4 .. Se'velrabili
•
r :
,
If :any section sentence; clause •or- phrase of this ordinance is :held o ,be in�alid or
: unconstitutional, by any. court -of 'competent jurisdiction, .then - said holding shall in no way -,affect
the of-the remaining portions of this ordinance: j
SECTION 1 5 . Codification.
It is the intention _of : the :.Mayor ,and City Commission. of the City of Miami :Beach :and it is
hereby ...ordained '.that the provisions of ordinance shall become .and =be made .a -part of :the :
Code of he City .of Miami Beach, Florida. The sections of this ordinance may .be. renumbered or
:re- lettered .to' - accomplish such intention and 'the word' ordinance" may be ,changed to ".section,
�article, or bther word.
, SECTION 6 . :Effective :Date.
This Ordinance shall take eff ect the 19th :day of September : ,"2009.
,
PASSED :and ADOPTED this 9th , da of Se` - .temb.et
Y P ,1009.
A
atti ST. {{
erreraw6ower .
- ..
ayor
Robert 'Parcher, City Clerk,
, .
_
_APB
-
fORMAIANGUAGe
to Bq.
,
. _
FAatto\ TURN \ORDINANC \Special Master. doc
4
COMMISSION . 1TEM SUMMARY.
Condensed Title:
An Ordinance amending City Code to providethe Special Master with.authority to impose a maximum fine
amount and extending the Special Master's jurisdiction from one year of imposition of a'fine to three years
from compliance.
Ke' Intended .Outcome 'Su orted:
. Ensure compliance with code.within reasonable. time °frame.
Supporting Data (Surveys, ;Environmental Scan, etc.). N/A
Issue:: `
Shall -the Mayor and City Commission approve -the .Ordinance?
Item Summa. /Recommendation ::
SECOND. READING PUBLIC HEARING
The,-attached Ordinance was.:developed in response to a. request 'by "members of .the -Finance :and,
Citywide Projects Committee (FCWPC) to the City's lien process.
At the-July.15,2009 City Commission meeting the Ordinance was approved onfirst Reading.and ome
Modifications were requested by the.members of the City: Commission. In the Motion approving` he First
Rpading the members'of the City - Commission - requested that the imposition :of a:cap for fines- imposed
by the Special Master be. mandator that the Special Master be given the authority to.reduce the fine cap
in`.order to reflect partial compliance and finally thatthe e- language be clarified to indicate that a.relief-from
Order. is - only ro riate within one 1 , ear =while -a re uestfor °miti ation' ma -be brou ht within three
Y PP P O Y 4 9 Y 9
3 ears rafter the property becomesicompliant.
The Commission left :open the question .of the size of the cap .that -might be :imposed `by the Special
' Master and asked the item to be referred to-the Land Use and Development'Committee' (LUDC) 1or
.review prior to. the scheduled :Second Readng.of °the 'Ordinance.
At the.July 27,. 2009 LUDO meeting,ahe members oftheCommittee discussed thesize ofthe,capwhich
was deemed to be most desirable. 'The :Committee voted to recommend to the full City:Commission'that
no specific cap amount be identified in the Ordinance and ratherthat the Special Masterbe granted. he
' authority and discretion to.establish a cap. -facts of any specihc� case - dictated. In thismanner, the
members of the Committee believed that the; Special Master would tailor -a cap - appropriateto a-specifc
property.or-set of violations. that recognize;the gravity the violation,, history and any
.actions that the violator had taken ao'correct the violation :to -date.
The Committee e. members recommended#hat.a criteria be added that required -the Special Master
to - whether a =good faith .effort was - made,:by the . property owner..to :comply with the .City
requirements. -All of - the changes .indicated - b the -full City, Commission -and those. 'b
Y y
LUDC have been incorporated - into 1 he- , OrdinOnce which is attached.
Advisory Board Recommendation:
N/A
:Financial Information: `
Source Of Amount :Account
:Funds:
OBPU Total
Financial lm act -Summa
- City . Clerk's Offce:Le illative Trackin
-
Robert C, - Middaugh, - Assistant City Manager
Zii n Offs:
Department "Director : Assists ity:Nianager City Manager-
RCM ° ,JMG .
"'T:IAGENDA \2009 \September. 9\ Regular \Special asterlienOrd2ndReadingSum9- 9- 09'doc
AGENDA ITEM r ,�
JVVII t5 AC HI
M .- II _ JJ EA�' fl� , I B
City of Miami .Beach, 170.0 Convention Center Drive, Miami'$ each, Florida "331.39,,%vWW. miarnibeachfi. gov
C .0 nnEMORANDuM
TO Mayor" Matti: Herrera .Bower and Members of.the City. Commission
FROM: Jor a M:� .
. g Gonzalez; City Manager SECOND READING .... •
PUBLIC :HEARING
:DATE: :September 9, 2009
SUBJECT: ANA ORDINANCE OF MAYOR ND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER '30. ENTITLED "CODE
ENFORCEMENT," BY .:AMENDING ARTICLE 111 . THEREOF, 'ENTITLED
". ENFORCEMENT PROCEDURE," BY AMENDING SECTION 30= 74,ZNTITLED
"FINE," BY AMENDING THE PROVISIONS= RELATING TO'.THE MITIGATION OF :
FINES AND THE IMPOSITI OF A- CAP; BY AM - ,SECTION 30
76, ENTITLED . REHEARINGS, MITIGATION, BY 'INCREASING -THE`
"TIME
FOR .OR THE JURISDICTION: OF THE :SPECIAL `MASTER FOR 'THE
:MITIGATION .OF :FINES 'TO THREE ' "YEARS AND PROVIDING CRITERIA
RELATIVE TO FINE MITIGATION; PROVIDING FOR REPEALER; `
SEVERABILITY CODIFICATION;, AND :AN EFFECTIVE .DATE:
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on Second Reading. -
ANALYSIS
The attached - Ordinance , was developed in response .to a request by -- members of the
Finance and Citywide- Projects Committee (FCWPC) :to improve uponahe_City.s.lienprocess.
The Ordinance was intended to "provide limit on the :overall :size .of liens =that ;might
accumulate on :a - specific , property .and also to-extend the jurisdiction oftthe'Special Master
so that there is a higher likelihood of the`Special "Master hearin :a mitigation request rather
than the Administration.
Af the July.15, °2009 City Commission meeting, 'the Ordinance -was ..approved on 'First
Reading :and some modifications were requested by , members of the-City Commission.
In :the Motion approving the °First °Reading:the - the City :Commission requested
that the imposition:of a capforfines imposed:bythe Special Master::be.:mandatory, hat the.
'Special' Master be given -the :authority .to reduce ' .the fine cap : in - order to. .partial
compliance and finally that :the language be clarified `to indicatethata - relief from Order 'is :- .
only ap prop riate within one 1
.y - O .year while a request -for mitigation •maybe `brought. within
three (3) ,years after the .property becomes , compliant.
uThe Commission left open the-question of the'.size.of the:cap{..thatrmight - be imposed.bythe
Special .=Master and Basked the item to. -be referred to the .L Use 'Development
Committee (LUDC) for :review,prior.to - the scheduled - Second Reading of .Ordinance.
- discussed .thesize of
At the July 27, :2009 LUDC meeting, the members of the Committee
the ,cap- which was deemed to be most -desirable. The m'ittee voted to recommend , to
the full City, Commission that no specific cap amount.=be identified in the Ordinance .and
rather that the Special Master be granted - the.- authority and discretion to establish : cap. as
the facts, of any specific case dictated. 'in this manner, the members of1he Committee
believed that the Special Master would tailor.a -cap appropriate, to a specificproperty or set of .
violations that recognize:the :gravity of .the. violation, previous violations history - and - any
actions that - Violator had taken to correct the violation to -date
:The Committee members also voted to recommend to :the full City Commission -that one
'additional criteria be added into those already in the Ordinance.re�ative to mitigations to
.be
heard by the. Special Master..The Committee members recommended that :a fourth criteria
be,:' added that`required the Special Master to consider whether - a good faith effort was
ro P e �y. -
by.the owner to comply with.the City requirements.
P
All of the :changes indicated by the full - City. Commission and those recommended by.LUD.0
have been .incorporated; into the Ordinance which ,is - attached:
CONCLUSION ,
City approve
ond;Fteading
. It Is recommended that the. of.the Commissions a rove on Sec
the attached Ordinance.
JMGIRCM1sam .
T: IRGENDAl20091 September9lRegularl$ pecialMasterlienOrd2ndReadingcommemo9- 9- 09.doc
Attachments ,
TH URSDAY, AUGL 27, 20 ! '13M E
--� MIAN1(BEACH
CITY OF:IO�tfA►tVlt.EeACH
NOTICE OF PUBLIC HEARINGS
`N(MCE 1S HERESY given•that - second - readinp. and public heartnos'-will. be'hetd-by•the Mayor and Cry Commissimi.,of the City of Miami Beach, Ftorlda,'In the Commission Chambers
Std floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, September 9,:2009, to consider the fadgyAng:
100 &M.
An Ordinance Amending Chapter 10 Of The Miami Beach Ctty Code Entitled "Animals, By Amending Section I &A 0, Entitled "Animals Prohibited in Public Parks And On Beaches ". Byfrovlding That
The•City.Commission May Designate Dog. Parks in Public Park Areas; Amendtng•Section 1041, Entitled "Running At large Prohibited"By.Providing That The Cfty'Commission May Designate Spaclfic
Dtf -gash Area For Dogslif Public Parks:
. jpgtrbiei maybe directed to the.Ctty Attonhays Office at (305) 673 -7470:
An..,Ordinance Amend r 30,.Enfttlsd "Code Enforcement" 8y• ; Anreridtrrg Arfkl0 M fheraof, Entitled Procedure" By Amending - Fine,"
fig Chapter g Sedan .3D- 74,.Ent
By MiandingTbe Provisions Relating To The Mitigation Of Fines; By Amending Section 30- 76, "Rehearings; Mitigation," By Increasing The Time Period For'The Jurisdiction Of The Special
Mpor for The Mitigation Of Fines To Three Years And Providing Criteria Relative To, Fine 'Mitigation.
,
*aquiries may directed to the Ctty Menager's Office at (305) 673 -7010. '
.A 0rdi -Amonding'Mjemi Beach City Code Chapter 2; Adcle VII, .Section 2458 Thereof bMed "Supplemental Abstention And - Disclosure Requirements" By Requirtng Pubiic Officers 40
? 1s Lose Compensation Received By Public Difrcei And/Or Public 1 i Employer Or Firm Rotated To Subject Conflicting Relaaanship, Said Disclosures To Be Made From Three Years Preceding
: iiginal Date Of ElectioNAppo[ntrnent Of Public i?tficer.
:des may.be directed to the•CityAttomey's:Office at (305) 673 - 7470.
r 1nkilinance Amending In Part Miami Beach City Code'CMapter 2, Article VIl, Division 5 Ertitted "Campaign Finance Reform," Sections 2-487 Through'And including 2490, By
Prohfbitin0 "Vendors"
"*d"`W Efate Developers" From Solieft'Campaign Contributions For Candidates f or The Office, Of *Mayor Or Commissioner, Expanding Upon The Definitions Of "Vendor" And *Real Estate .
�siiairiper" And Cosformming As Housekaephrg Matter Certain l.angtrdge To Existing Text r
fnqufrtes may °be.directe to the Ctly.Atbomey's Office at (305) 673-7470.
4mift htance Amending Miami Beach City Code Chapter 2. Article VII, Division 5 Entitled °Campaign Finance Reform," By Adding lbereto Section 2491 Entitled "Prohibited lobbying By Campaign
iittants . Prohibtfingdampafgn ConsullantrrAnd.Certom Aitiitated Persons Or Entitles Frain Lobbying.CKy Commission For 12 Months Subsequent To Swearing in Of Subject Elected Official(s),
i abfishtng Definitions,•Ufh bed: Exemption And .QiscloswWAbstention Requirements. «r
tgisft may be directed.to the 111y Attormt Office'at (305):673=747o.
Air Ordinarce Amending- Mfamileoch`City Code Chapter 2; Article IV, Division 1; Section 2 -194 Thereof Entitled "Remavat'From Office "; By Limiting Grounds For SuspensioNRemoval To Those
Offenses" Set Forti Within Florida Statute Sedan 112. 3173 (As Amendnd), And Esteblishbhg Procedure, Prior to SuspensioNRemovW.
..Imul tes may be directed to the My Attorneys Office at M5) 673 =7470.
*Wroowe Amending Miami. .Beadt• City Code Ctaapter 2,-Article W�'Diftan 2, Section 2-458 Thareot -EntlW 'srj Wneift Awn Anil Disclosure R" Werner EStabllatrinB Additinnaf
;tote Requfremerds For Public Officials Of Any Family Or Business Relation ship With party Who Is Directly BeneRtted By Agency Vats.
nqutries maybe directed to the CRy-Attom"Mce at (305) 673,7470.
•
• �31ID pm. -
An Ordinance Amending Miami 6each.City:Code Chapter 2:Artlde W,' Division 2,Saction 2-450 Thereof Entitled "Dfsciosm Of Interest WRelationship With Business Entity,". By Requiring Elected ..
Offiirdar's'Disdosure Of ceftn Business Re hships Estabfishedl0;&n 24 Months After Contracting Party's Appearance Before My Commisstan.
,
" . tnqubies maybe dimcted.to..then"W PaDWYy JDfftce.at (30B) 673 -7470:
An Ordinance Amending Miami Beach (qty Coifs Ctae pter2, Artfote W,.DivisIan 2 Thereof.By;OreabngSsction 2-462 ErdfEted'Protiibitrsg ffectedDtiiciafs From Having Certain Post-Service .Contracts
With City "; ProhlblUng Former City Flecgtd:Officias From ,City Employment Or Contracts On.Matters In Which City Commission Approval Is Required.
Inquiries may ybe directed - b the.City'Atinrney's Office at (305) 673 -7470.
MOM.
An Ordinance Amending WIWni.Baach.Ctty Code 2 Article VII, Division 2 ThoW,.By Creatng Section .2 -463 Enttfed 'Pmtdbition Of Certain Ptist- Service/Emptoymw Refatfons hips ",
. Protftrig Certain Post-:Sie�ployment Activity Of Clty:Elected Officials And Cltr.fmployees +DrA•Period Of Two Yam - Af6er t.>3'aving Cky ServtcPJ *(0ymenL
tnquirtesTrtay.be directed to the CftyAttomeyti.OM6e at (3d5) 673 -7470.
'IM, pm ;
'An, Ordinance Amending 4n. Part Miami Beach.Ctly.G wChapter 2,•Article Vii, Division 5 Thereof Entitled `Campaign :Fulance.Reform," Sections 2-487 "Prohtbtted- Campaign Contributions By
Vendors," 2-488 °Pmhlbited Campaign Contributions BY Lobbyists On.Prowmment issues," 2.489 "Prohibited Campaign CorhtribudDris By'Rea! Estate Developers;" And 2-490 "Prohibited Campaign ,.
CothtrtbutiOns:By . lbbbyistg.Oa:Reai- Estate ;Development issues, "•8y Prohibiting Campaign CanMbutiOrhs From Vendors, Real,Estate Developers And °Their Raspecbve lobbyists To CandiMI
Incumbent Members Of The - City. ommission SeekingAny 'Non- Fedaial Erected Office.
,.
Jnipdries may be.directed to the City Attomey's.Officeat (305) 673 -7470:
510 pin.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Or Miaml'Beach, B y Amending Cha 9
pter 142, " Zoning And Regulations," Article It "DisMct•Aegutations,"
Division 18 : "PS Performance Standard District," Amending Section 142693 "Penrdtted Usss,- 1yFlestricting Or Prohlblhng Commercial Rooffap Venues South Of M:Street.
tnquines may be directed to the Planning Department at (305) 673-7550:
INl'Hi1rSiED'PARTIES are .invited to .xppear..at' this - meating, .orbe represented by an.agent, .or to:exprasa their :views in writing addressed to •ihe City Comrrosion, xic the .Ay;CWK
1701).CmWentionCenter Drive, - 1st Floor City Hau,•Miami:Beach, 1`166da13139. Copies of these ordinances`are available for.pubtic:inspecbonAuring normal business hours fnthe City Clerk's> Office,
1700 Convention Cerder.Drive,Ast Haar City Hall, and MiamiBeach,-florlda 33139. This meeting may be continued avid under such &cumsiancW addttional legal native would not be provided.
•RobeR E'Parcher: Gtty pork
Dlyof MamlBeach �
Pnreuam to Section 286 0105, Ra. Slat; thg City trereby advhses ttre public that: Ito person decides to appeal anyxiechsiomiads by the City Commission va respect to any mrdter'consldered its
neeteng or its hearing: such:P0rsonmust ensure that a verbatim record of the proceedings is made, which record includes thetesbmoay and evidencanpon whictrthe appeaFis to be teased. This notice
A0es4aot-.c0nsdbde.c 0ns(Mt by the City tar the mtrodusttion.or:admfs& ion of otherwise =inadmissible or•irreti vard evidence, WOees It ardhcrUe challenges or appeals not.otherww allowed by law.
To request this material in accesasible tonmt; sign tangu me irnerproters, information on access for.persons with dis0tt4es.'and1or;any accommodation to review any document or participate ri am
dty
' d WW80ng; P C0irloct (305) 604T2419 (voice) (3QW73- 7218(TTY)live days in advance to hhitlate your request. TTY users may also caii 711 (I=larfda Relay Service).
p , Page 'l .of 1
t�7"®l$rc- f M 6 7
Parcher, Robert
From: abe @laeser.us
Sent: Wednesday, August 17, 2011 7:41 PM
To: Parcher, Robert
Subject: CAP ordinance
Robert,
Let me begin by explaining that I do not know the reason that the ordinance ever came into existence.
My only logical assumption was that someone noticed that for a relatively minor violation [overgrown
lawn, boat in yard] a citizen had built up a huge fine. Of course, in order to do so, they must have
ignored the actions of the Special Master for a long period of time but I doubt that anyone ever admits
to that.
However, that problem is self - solving in that every Master understands .that the final fine, after
mitigation, has to, be reasonable, given both the original offense and the level of transgression. 'Ea C*h of
us also know_ s that there is a process to appeal from our rulings, and that we must be able to explain why
a large .fine. for minor offense would still make sense. I would wager that those cases almost never get
to the administration for a truly valid complaint.
The result of the ordinance is completely counter intuitive. When a CAPJs set, the amount is nearly
always based upon the severity of the offense. and the likely ability of the offender to pay. ` For example,
the CAP will always be small for the resident homeowner who has a minor issue that may be expensive
to repair. On the contrary, the major hotel that has.major safety violations will have a high CAP.
Unfortunately, for either-situation, it is "only" money., If the homeowner reaches a CAP of $5,000 or
the hotel reaches a CAP of $100,000 either may make a business or economic decision that they would
rather litigate or even ignore the fine than spend the time, effort, or money to actually make the repairs.
Unfortunately the violation continues to exist -_ -and the eyesore or even the safety issue still is not
solved. There may have been an intentional or even negligent decision that it was just not worth. it to do
the repairs., It may: not even be of concern until the sale or refinancing of the property. After all, the fine
has reached its CAP, and cannot go higher,.
Would it not make- much more sense to - give.;the. Master the leeway of increasing the daily fine or
S
impose other sanctions as a method of motivating .the owner to do the required repairs? That
compliance is our first obligation. Now we merely note that the fine has reached the maximum under
the CAP, and kindly,request that the issue be resolved. Without the additional leverage, we are being
routinely ignored by both residents and businesses.
Frankly, without a CAP we can address issues of inequities at the mitigation hearing; .since the.
prerequisite. for such hearings is full compliance. With the -CAP, we lose the enforcement leverage, and
permit persons and businesses to set their own liquidated .damage amount, and just eventually absorb
that as a cost of doing- business. 'The mandated repairs are never made. The whole purpose of the code,
building, zoning, or even fire violation is completely ignored by the economic decision by the violator.
Please do away with the CAP concept.
Abe Laeser•
Personal a -mail: Abe @Laeser.us ;
Phone: 305.725.5505
818/2011