2013-28328 Reso RESOLUTION NO. 2013-28328
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO INCREASE THE
CURRENT FINES AND TO CREATE A FINE SCHEDULE FOR NEW FIRE
CODE VIOLATIONS AND DIRECTING THE ADMINISTRATION TO PRESENT
THE RECOMMENDED CITY CODE AMENDMENTS TO THE CITY
COMMISSION FOR CONSIDERATION.
WHEREAS, the Neighborhood/Community Affairs Committee discussed the Fire
Department's recommendations to create new fine schedule and increase existing fines
for fire code violations during its meeting of April 29, 2013; and
WHEREAS, the Neighborhood/Community Affairs Committee deliberated on the
Fire Department's recommendation and considered input from the public during its
meeting of April 29, 2013; and
WHEREAS, the Fire Department presented that the goal of the new fine
schedule is to obtain compliance with the City's Fire Prevention Code (codified in
Chapter 50, entitled "Fire Prevention and Protection"), which will result in safer
establishments in the City of Miami Beach; and
WHEREAS, the Neighborhood/Community Affairs Committee voted in favor of
increasing current fines and creating a fine schedule for new fire code violations and
directed the Administration to present the recommended amendments to Chapter 50 of
the Code of the City f Miami Beach for consideration b the City Commission.
Y Y Y
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby accept and approve the recommendations of the Neighborhood/Community
Affairs Committee with regard to amending Chapter 50 of the Miami Beach City Code to
increase the current fines and to create a fine schedule for new fire code violations and
direct the Administration to present the recommended amendments to the City
Commission for consideration.
PASSED and ADOPTED this day of SP �t� �r , 2013.
'(Aatfi rera Bower
MAYOR
ATTEST:
r� �� L; '-: �,.
Rafael Granado a � .� � APPROVED AS TO FORM & LANGUAGE
CITY CLERK (
TAAGENDA\2013\September 11�Reso�it�YPr`�J i i t,���p solbfti doc 4411 FOR XECUTION
� orney ate
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution to accept the recommendations of the Neighborhood/Community Affairs Committee
to establish a new fine schedule for fire code violations in the City of Miami Beach.
Key Intended Outcome Supported:
Ensure Compliance with code within reasonable time frame
Supporting Data (Surveys, Environmental Scan, etc.):
N/A
Item Summa /Recommendation:
There is a need to increase the current fines for nightclub overcrowding conditions and establish new
fines for other fire code violations. The current fine of $200 for the first offense and $500 for
subsequent offenses established in 1997 are not providing enough incentive for code compliance
among some establishments.
The City Code, Section 102, establishes a fee of $3.00 per person charged to the dance hall
entertainment establishments. The nightclub fee collected from 10/1/2011 to 9/30/2012 was a total of
$60,916.29. The current cost for nightclub inspections per year is roughly $110,000. The
Administration proposes increasing this fee to $4.00 per person, which would generate $81,221, using
the same number of establishments in the last fiscal year. The remaining cost can be recovered with
the increased fines proposed.
Advisory Board Recommendation:
Neighborhood/Community Affairs Committee discussed this item on April 29, 2013. The Committee
unanimously moved the recommendation by the Fire Department.
Financial Information:
Source of Amount Account
Funds: 1
2
OBPI Total
Financial Impact Summary: The proposed new inspection fee and proposed fines would be able
to cover 85% of the cost and the remainder would be supported by the general fund.
City Clerk's Office Legislative Tracking:
Javier Otero, Fire Chief
Sign-Offs:
Department Director Assistant City Manager City Manager
r
uACity Tire Prevention Fines-2013°summary.docx
AGENDA ITEM C 7 w
MIAMIBEACH DATE - —/
MIAMI BEACH
.�.
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me ers of the i y Commission
FROM: Jimmy L. Morales, City Manager f
DATE: September 11, 2013
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS
OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO
INCREASE THE CURRENT FINES AND TO CREATE A FINE SCHEDULE
FOR NEW FIRE CODE VIOLATIONS AND DIRECTING THE
ADMINISTRATION TO PRESENT THE RECOMMENDED CITY CODE
AMENDMENTS TO THE CITY COMMISSION FOR CONSIDERATION.
BACKGROUND
There are over 120 nightclubs and bar/lounges operating in the City of Miami Beach. In
addition, there are hundreds more assembly occupancies such as restaurants,
ballrooms, meeting rooms, performance halls, etc. The Florida Fire Prevention Code
(FFPC), The Life Safety Code (NFPA 101), and the Miami Beach Code have specific
requirements for the maximum number of occupants permitted in assembly occupancy
as well as many other safety regulations. The requirements are mandated to prevent
fires and to ensure that occupants can evacuate safely in the event of an emergency.
The Fire Department continues to implement the Night Inspection Program since it
started in the early 1990's. The night inspectors conduct random inspections of all the
nightclubs and selected bar/lounges and restaurants. The main objective for the night
inspections is to monitor that the establishment is not exceeding the maximum occupant
load and exits are clear and accessible. The inspectors will issue a citation for these
violations. The current fines are $200.00 for the first offense and $500.00 for the second
and subsequent offenses. The current fines have not been increased since initial
adoption in 1997.
The Administration proposes to increase the current fines to encourage compliance and
promote safety among the City's entertainment industry.
PUBLIC COMMENTS
The Fire Department presented the proposed fines to the Nightlife Industry Task Force
(NITS) during a public noticed meeting on February 25, 2013. The members present
offered a slight modification to the fine schedule to increase the locked exit fines for
nightclubs and to separate the locked exit citations from impeded exit citations. The
industry input has been implemented in the ordinance. Overall, the members present
were in agreement that the higher fines must be implemented in order to protect the
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industry against safety hazards that could result in death, injury, and/or property
damage.
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE
This proposed ordinance was discussed by the Neighborhood/Community Affairs
Committee on April 29, 2013. Following discussion and comments from the public, the
Committee unanimously approved the recommendation by the Fire Department.
CONCLUSION
The increase in fines for assembly (nightclubs and other venues) will encourage
compliance at all times, but particularly when inspectors are not on duty. The higher
fines will justify less frequent inspections and thus less cost to the City. The new fines
for violators of common fire code requirements will achieve compliance at a faster pace
and change behavior without going through the lengthy Special Master process.
JLM/JO/SFM
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