98-3152 ORD
ORDINANCE NO. 98-3152
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
ARTICLE IV ENTITLED" CRIMINAL NUISANCES" OF MIAMI
BEACH CITY CODE CHAPTER 70, ENTITLED" MISCELLANEOUS
OFFENSES CORRECTING SCRIVENER'S ERROR; AMENDING
PENALTIES ON PLACES OR PREMISES DECLARED PUBLIC
NUISANCES; PROVIDING FOR THE RECORDING OF ORDERS
ISSUED BY THE NUISANCE ABATEMENT BOARD; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach has created and established a Nuisance Abatement
Board to hear evidence of criminal public nuisances in the city; and
WHEREAS, Section 893.138, Florida Statutes, authorizes the imposition of fines and
additional penalties to the owners of places or premises declared public nuisances.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 70-206, entitled" Organization" of Miami Beach City Code
Article IV, entitled" Criminal Nuisances" of Miami Beach City Code Chapter 70, entitled
" Miscellaneous Offenses" is hereby amended to read as follows:
Section 70-206. Organization
There is created and established a nuisance abatement board to hear evidence relating to the
existence of drug related public nuisances as defined in Section 70-181 on premises located in the
city. The board shall consist of five members appointed by a majority vote of the city
commission, for two- year terms, except as set forth in section 70-207. Members of the nuisance
abatement board shall be persons who reside or maintain a business establishment in the city.
Membership on the board shall include one representative from each of the following areas of the
city:
(1) South of 22nd Street;
(2) 22nd Street to 55th Street; and
(3) 55th Street to 87th Terrace.
The chairman of the board shall be an attorney duly licensed by the state with trial experience.
SECTION 2. That Section 70-209, entitled" Purpose" of Miami Beach City Code Article
IV, entitled" Criminal Nuisances" of Miami Beach City Code Chapter 70, entitled
"Miscellaneous Offenses" is hereby amended to read as follows:
Sec. 70-209. Purpose.
The nuisance abatement board shall hear evidence relating to the existence of drug related
public nuisances as defined in Section 70-181 on premises located in the city.
SECTION 3. That Section 70-232, entitled" Conduct of hearings" of Miami Beach City
Code Article IV, entitled" Criminal Nuisances" of Miami Beach City Code Chapter 70, entitled
"Miscellaneous Offenses" is hereby amended as follows:
(b) The city attorney or any other legal counsel who is representing the city shall present cases
before the board, All parties shall have an opportunity to present evidence and argument on all
issues involved, to conduct cross- examination and submit rebuttal evidence, and to be
represented by counsel. When appropiate, the general public may be given an opportunity to
present oral or written communications. If the agency proposes to consider such material, all
parties shall be given an opportunity to cross- examine or challenge or rebut it. The board may
consider any evidence, including evidence ofthe general rebuttal reputation of the place or
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prennses. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall
not apply, but fundamental due process shall be observed and shall govern the proceedings.
Orders of the board shall be based on competent and substantial evidence and must be based
upon a preponderance of the evidence.
(d) If the board issues an order declaring a place or premises to be a nuisance, the board
shall assess against the owner of the place or premises the reasonable costs and attorney fees the
city has incurred in the preparation, investigation and presentation of the case. These costs shall
be due and payable ten days after the written order of the board has been filed. A certified copy
of an order imposing costs and attorney fees may be recorded in the public records and thereafter
shall constitute a lien against the land on which the violation exists or, if the violator does not
own the land, upon any other real or personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After one year from the filing of any such lien that
remains unpaid, the city may foreclose or otherwise execute on the lien. Interest shall accrue on
the unpaid costs at the legal rate of interest set forth in F.S. s. 55.03,
( e) If the board issues an order declaring a place or premises to be a public nuisance. the
board may assess against the owner of the place or premises a fine not to exceed Two Hundred
Fifty and 00/100 Dollars ($250.00) per day that the nuisance continues and up to Five Hundred
and 00/100 Dollars ( $500.00) per day for recurring public nuisances on the place or premises as
defined in Section 70-181. The total fines imposed shall not exceed Seven Thousand Five
Hundred and 00/100 Dollars ($7.500.00). A certified copy of an order imposing these fines shall
be recorded in the public records and thereafter shall constitute a lien in the same manner as set
forth in subsection ( d) of this section.
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(f) All orders of the board shall be recorded so that notice must bc giycn to all subscqucnt
purchascrs, succcssors in intcrcst, or assigns of thc rcal propcrty on '..vhich thc public nuisance
eflsts- among the public records of Miami- Dade County.
#(g) All orders of the board shall be by motion approved by a majority of those members
present and voting, except that at least three members of the board must vote in order for the
action to be official.
-tt)-(h) An order entered under subsections (c)- (e) of this section shall expire after one year
or at such earlier time as stated in the order. The board may retain jurisdiction to modify its
orders prior to the expiration of the orders.
-(g) (i) The board may bring a complaint under F.S. s. 60.05, seeking a permanent injunction
against any public nuisance.
SECTION 4. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity,
SECTION 6. 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 this Ordinance shall become and be made part of the Code
of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or
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relettered to accomplish such intention, and the word" ordinance" may be changed to" section ",
" article", or other appropiate word.
SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect on the -11L day of November, 199 ~.
PASSED AND ADOPTED this 18th day of November
, 199~.
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MAYOR
ATTEST:
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1st reading 11/4/98
2nd reading 11/18/98
APPROVED AS TO
fORM & lANGUAGE
& FO XECUTION
1J-/j.-1~
Date
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. nUBBIN
City Attorney
(305) 673-7470
(305) 673-7002
TO:
MAYOR AND CITY COMMISSION
V{/MJV'
FROM:
MURRAY H. DUBBIN, CITY ATTORNE~
NOVEMBER 4, 1998
DATE:
SUBJECT: ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE IV ENTITLED
"CRIMINAL NUISANCES" OF MIAMI BEACH CITY CODE CHAPTER
70, ENTITLED "MISCELLANEOUS OFFENSES CORRECTING
SCRIVENER'S ERROR; AMENDING PENALTIES ON PLACES OR
PREMISES DECLARED PUBLIC NUISANCES; PROVIDING FOR THE
RECORDING OF ORDERS ISSUED BY THE NUISANCE ABATEMENT
BOARD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
This ordinance is being submitted for second reading with the changes as voted on
by the Commission regarding the recording of orders.
Agenda Item F) S A
Date 11- 1 ~ - cr ~
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139