97-3091 ORD
ORDINANCE NO. 97-3091
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING CHAPTER 8 OF THE MIAMI BEACH CITY
CODE ENTITLED "BUILDING REGULATIONS" BY
CREATING SECTION 8-12 ENTITLED "CITATION OF
BUILDING CODE VIOLATIONS AND PENALTIES" TO
PROVIDE A CITATION PROGRAM AS A METHOD OF
ENFORCEMENT OF BUILDING CODE VIOLATIONS; BY
CREATING SECTION 8-13 ENTITLED "APPEAL OF
CITATION TO SPECIAL MASTER "; UNPAID FINES TO
CONSTITUTE LIEN; AND APPEALS OF SPECIAL MASTER
DECISIONS" TO PROVIDE A REVIEW PROCESS FOR
CONTRACTORS VIOLATING THE PROVISIONS OF
SECTION 8-12; BY CREATING SECTION 8-14 ENTITLED
"SCHEDULE OF VIOLATION FEES" TO PROVIDE FEES
FOR THE VIOLATION OF VARIOUS STATE AND LOCAL
BUILDING AND FIRE REGULATIONS; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds it to be in the best interest of the City to amend
Chapter 8 of the Miami Beach City Code concerning Building Regulations to provide a citation
program for violations of the state and local building codes so that the public may be protected from
illegal construction activities; and
WHEREAS, the proposed amendment Ordinance provides for a citation program and
enforcement procedures pursuant to Section 489.127, Florida Statutes, and a schedule of fees for the
violation of construction laws in the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 8-12 of the Miami Beach City Code to be entitled "Citation of
Building Code Violations and Penalties" be and is hereby created to read as follows:
Sec. 8-12
Citation of Building Code Violations and Penalties
A) Definitions
L "Certified Contractor" means any contractor who possesses a certificate of
competency issued by the Florida Department of Business and Professional Regulation and who is
allowed to contract in any iurisdiction in the state without being required to fulfill the competency
requirements of that jurisdiction.
2. "Registered Contractor" means any contractor who has registered with the
Florida Department of Business and Professional Regulation pursuant to fulfilling the competency
requirements of the Metropolitan Dade County Construction Trades Qualifying Board for which the
registration is issued. A Registered Contractor may contract only in such iurisdiction.
1" "Locally Licensed Contractor" means any contractor whose iob scope does
not substantially correspond to either the iob scope of one of the contractor categories defined in
Section 489.105(a) thru (0). Florida Statutes. or the iob scope of one of the certified categories
previously established by the Florida Construction Industry Licensing Board. and who possesses a
certificate of competency issued by the Metropolitan Dade County Construction Trades Qualifying
Board. A Locally Licensed Contractor may contract only in such iurisdiction.
4. "Qualifying Agent" means a person who possesses the requisite skilL
knowledge. and experience. and has the responsibility. to supervise. direct. manage. and control the
contracting activities of a business organization with which he is connects: who has the
responsibility to supervise: direct. manage. and control construction activities on a iob for which he
has obtained a building permit: and whose technical and personal qualifications have been
determined by investigation and examination by the Department of Business and Professional
Regulation and/or the Metropolitan Dade County Construction Trades Qualifying Board.
.i. "Building Code" means the South Florida Building Code and any other
municipal code enacted or adopted as part of the construction codes of the City of Miami Beach.
6. "Florida Construction Industry Licensing Board" means the board that is a
part ofthe Department of Business and Professional Regulation. created to maintain proper standards
of construction in the State of Florida.
ill Violations
It shall be a violation of this Ordinance for any Registered or Locally Licensed Contractor
operating within the City of Miami Beach to commit any of the following acts or omissions:
.L. To contract for or to do work outside of the scope of work for which the
contractor is authorized to perform:
2. Abandon. without legal excuse. a construction proiect or operation in which
a contractor is engaged under contract as a contractor:
1" Divert funds or property received for the execution or completion of a specific
construction proiect or operation or for a specific pU1l'ose to any other use whatsoever:
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4. To depart from or disregard in any material respect the plans or specifications
of a construction job without the consent of the owner or their duly authorized representative. and
the building official. as defined by the South Florida Building Code:
2... To willfully disregard or violate any provisions of Chapter 489. Florida
Statutes. the South Florida Building Code. or the Building Code ofthe City. as presently written and
as may be hereinafter amended from time to time:
6. Misrepresent any fact in an application or supporting papers for any permit
which is required the South Florida Building Code or the Building Code of the City:
7. Fail to fulfill contractual obligations in connection with any contract or
construction proiect. including. but not limited to. payment for material furnished or work or services
performed:
.8.:. Evade or violate any provisions of Chapter 10 of the Code of Metropolitan
Dade County. which may be evidenced by. but not limited to. one or more of the following:
(a) Aiding or abetting any person not holding a certificate of competency to
evade or violate any of the provisions of this Chapter:
(b) Allowing a certificate of competency to be used by an unauthorized
person:
(c) Obtaining a permit for any work in which the certificate of competency
holder does not actually supervise. direct. and control the construction or
installation covered by such permit. or:
(d) Subcontracting any work to any person. cOl:poration or firm not holding
a certificate of competency for work involved in the subcontract.
9. Do any fraudulent act as a certificate holder by which another is iniured:
.1Q.. Fail to supervise. direct. inspect or control all work on any construction
proiect or operation on which the qualifying agent is engaged:
11. Fail to maintain insurance coverage as required or worker's compensation
coverage as required by State Law:
.l2. Fail to maintain business or financial records as required by Chapter 10 of the
Code of Metropolitan Dade County:
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.ll:. Fail to provide the disclosure required under Chapter 10 of the Code of June
25. 1997 Metropolitan Dade County.
g Enforcement of Code Violations
1" A code enforcement officer. inspector. or official in the Building Department
may issue a citation for any violation of Section 8-12(B) whenever. based upon personal
investigation. the officer. inspector. or official has reasonable and probable grounds to believe such
violation has occurred. The citation issued shall state:
(a) Time and date of issuance and the time and date of the violation:
(b) Name of the Code enforcement officer. inspector. or official:
(c) Name and address ofthe contractor or subcontractor to whom the citation
is issued:
(d) Title and section number of the code or law that may have been violated:
(e) A brief description of the nature of the pur:ported violation and the facts
constituting reasonable cause:
(:0 The procedure to be followed in order to pay the civil penalty or to
contest the citation:
(g) The applicable civil penalty if the person elects not to contest the citation.
2. None of the provisions contained in this ordinance shall be considered exclusive: the
code enforcement officer. inspector or official shall have the option to use any methods provided by
code or law to enforce the provisions of the various city codes.
SECTION 2. That Section 8-13 ofthe Miami Beach City Code to be entitled "Appeal of Citation
to Special Master; Unpaid Fines to Constitute Lien; Appeals of Special Master Decisions" be and
is hereby created to read as follows:
8-13 Appeal of Citation to Special Master: Unpaid Fines to Constitute Lien: and
Appeals of Special Master Decisions.
A1 Notification and Conduct of Hearin~s
Hearings shall be noticed and conducted before the City's Special Master in
accordance with the procedures set forth in Chapter 9B of the Miami Beach City Code ~n9iSection
489:12iliFloridaStatutes. ifthe alleged violator elects to contest the citation. The Special Master.
4
at any hearin~. may set a future hearin~ date. The Special Master shall attempt to hold hearings no
less frequently than once a month. but may schedule for hearings more or less often as demand
necessitates. All hearings shall be open to the public. The City Clerk shall provide clerical and
administrative personnel as may be reasonably required for the proper performance of the Special
Master's duties.
ill Requests for Postponement of Hearinf:
The contractor or complainant may request a continuance of hearing before the
Special Master. and such request for continuance shall be allowed according to the following:
(1) Requests for a continuance of hearing must be made in writing to the Clerk of the
Special Master at least five (5) business days before the date set for hearing.
(2) The first request for a continuance may be administratively granted upon meeting
requirements of paragraph ter+B~l).
(3) The second request may be granted by the Building Director in his/her discretion
if the petitioner can show good cause for such continuance. In the event that the
request is denied. appeal of that decision may be made to the Special Master at the
time of hearing and. ifthe request is granted. the hearing will be rescheduled to the
next available hearing.
(4) Following two (2) continuances. there shall be no further continuances unless
approved by the Special Master.
(5) The Special Master may decide to hear the case and act in accordance with the
powers in this Ordinance whenever the Re~istered or Locally Licensed Contractor
fails to attend a properly noticed Special Master hearing without obtaining a
continuance provided herein.
g Recovery of Unpaid Fines: Unpaid Fines to Constitute Lien
If the alleged violator is found ~uilty of a violation. the violator shall be held liable for the
reasonable costs ofthe Special Master hearings and shall be fined in accordance with the procedures
set forth in Section 98-9 of the Miami Beach City Code. In addition. any fines imposed shall
constitute a lien upon any real or personal property of the violator as provided in Sections 9B-9 and
9B-I0 of the Miami Beach City Code at)dS~9tiQt1489.12'7.FloridaStatutes.
m Appeals of Special Master Decisions
Any aggrieved party may ap.peal a final decision of the Special Master in accordance
with Section 9B-ll of the Miami Beach City Code.
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SECTION 3. Section 8-14 of the Miami Beach City Code entitled "Schedule of Violation
Fees" is hereby created to read as follows:
Sec. 8-14
Schedule of Violation Fees
The following fees shall apply to the citation of building violations as provided in
Section 8-12 of this Code:
METRO-DADE COUNTY CODE
MC 2-103.21 Use of fire hydrant without permit.
$200
MC 2-103.21 Use of fire hydrant without meter.
$100
MC 10-3(a) No certificate of competency as a master. contractor. sub-contractor. $500
or qualifying agent.
MC 10-3(a) No certificate of competency as ajoumeyman. maintenance person. $200
installer or other similar tradesman.
MC 10-22(a) Contracting for work outside the scope of certificate of competency. $500
MC 10-22(b) Abandonment ofiob. $500
MC 10-22(g) Failure to fulfill contractual obligations. $500
MC 10-
22(h)(1 )
Aiding and abetting a person not holding a certificate.
$500
MC 10-
22(h)(2)
Allowing a certificate to be used by an unauthorized person.
$500
MC 10-
22(h)(3)
Failure of permit holder to supervise. direct and control a iob.
$500
MC 10-
22(h)(4)
Subcontracting work to a person not holding a certificate.
$500
MC 10-22Ci) Failure to supervise. direct and control all work.
$500
Me 10-
22.1 (a)
Working outside the scope of the certificate or acting as a contractor.
$500
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MC 10-
22.1 (b)
Me 10-
22.1(d)(I)
Me 14-58
Me 14-62
MC 24-11(1)
Me 24-11(3)
Departure from or disregard of plans or specifications without consent
of the qualifying agent.
$500
Aiding or abetting any person not holding a certificate of competency.
$500
Violation of Standards adopted by this Chapter.
$100
Refusal to allow inspection.
$100
PROHIBITIONS AGAINST WATER DISCHARGE.
It shall be unlawful for any person to throw. drain. run or otherwise
discharge into any of the waters of County. or to cause. permit or
suffer to be thrown. run. drained or allowed to seep. or otherwise
discharged into such water any organic or inorganic water.
$500
DISeHARGES AFFEeTING WATER QUALITY.
I t shall be unlawful for any person to discharge sewage. industrial
wastes. cooling water and solid wastes. or any other wastes into the
waters ofthis eounty. including but not limited to surface water. tidal
salt water estuaries. or ground water.
$500
MC 24- SEWER DISeHARGE LIMITATIONS. $500
11(9)(a)(I)(2) It shall be unlawful for any person to throw. drain. run or otherwise
discharge into a sewer designed to carry storm water. or to cause.
permit. or suffer to be thrown. run. drained. allowed to seep or
otherwise discharge into such sewer.
MC
SFBC
105.1 (A)
SFBe 105.2
All other violations of Chapter 10. Metro-Dade County Code.
$200
SOUTH FLORIDA BUILDING CODE
Failure to maintain a building or structure in a safe condition:
failure to maintain devices or safeguards in good working order.
$100
Failure to remove debris. equipment. sheds. or materials.
$100
SFBe 105.3. Failure to secure buildings and equipment.
305.5. 3324
$100
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SFBC Failure to comply with lawful stop work order. $500
201.1(e)
SFBC
201.3(e)
SFBe 301 Failure to obtain a permit. $100
SFBe 304.1 Failure to display a permit card. 1..2Q
SFBe 305.2 Failure to obtain mandatory inspection. $250
SFBC 307.5 Unlawfully connecting utility service. $500
SFBC 515 Failure to provide required accessibility in compliance with the 1..2Q
Florida Americans with Disabilities Accessibility Implementation Act.
SFBC Exceeding allowable obstruction of the public right of way with 1..2Q
3302.2(a) construction and/or demolition.
SFBe Allowing materials to obstruct fire hydrant. fire alarm box. manhole. 1..2Q
3302.2(b ) catch basin and restriction of water flow to gutters.
SFBe 3302.3 Failure to provide temporary sidewalk which is properly guarded and 1..2Q
not less than 5 feet wide.
SFBC 3302.4 Illegal obstruction of an alley or portion thereof in connection with 1..2Q
construction or demolition.
SFBe 3302.5 Failure to protect sidewalks and pavements from damage incidental to 1..2Q
construction work.
SFBe 3306.1 Failure to provide sidewalk shed. 1..2Q
(a).(b).(c)&(d)
SFBC 3306.2 Failure to provide construction fence. 1..2Q
SFBC 3318.8 Failure to prevent the falling of paint or debris over public sidewalks or 1..2Q
other places of public use.
SFBe 4006.6 Failure to obtain Boiler inspections. $100
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SFBe
4611.(a)
Unlawful discharge of rainwater or other liquid wastes or allowing same
to be disposed onto or across public property or sidewalk.
1..2Q
All other viol~tions pfthe South Florida Building Code
$100
LIFE SAFETY CODE
NFPA 101
Any violation of the Life Safety Code.
$200
CHAPTER 553. FLORIDA STATUTES
Any violation of accessibility requirements.
$500
SECTION 4.
CODIFICATION IN CITY CODE.
It is the intention of the City commission, and it is hereby ordained that the provisions
ofthis ordinance shall become and be made part of the eity of Miami Beach eity Code as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and
that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 5.
REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6.
SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7.
EFFECTIVE DATE.
This Ordinance shall take effect on the 26th day of
July
,1997.
1st reading 7/2/97
2nd reading 7/16/97
9
APPROVED AS TO
FORM & lANGUAGE
& FOREXECunON
PASSED and ADOPTED this 16th day of
ATTEST:
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO.
522s:]l
DATE: JULY 16, 1997
TO:
MA YOR SEYMOUR GELBER
MEMBERS OF THE CITY CO
SUBJECT:
ORDINANCE CREA TIN CITATION PROGRAM FOR CONTRACTOR
VIOLATIONS OF BUILDING CODE REGULATIONS
FROM:
MURRAY DUBBIN^~n
CITY ATTORNEY /~Yl '
JOSE GAReIA-PEDROSA
CITY MANAGER
At the request of the Building Department, the attached Ordinance was submitted for
eommission consideration and passed on first reading. This Ordinance creates a citation program
whereby contractors are cited for various violations of state and local building regulations. Due to
the lengthy process involved in taking violators before the Dade eounty eonstruction Trades
Qualifying Board, it is deemed in the best interest of the eity to create an alternate enforcement
vehicle pursuant to Section 489.127, Florida Statutes. Pursuant to state law, a municipality may
create a citation program with automatic fines and appeal hearings to be held before the enforcement
or licensing board or designated Special Master. In that the eity has an established Special Master
program, these citations, if contested by the violator, may be appealed to the Special Master under
the City's existing program. In addition, a schedule of fees for the violations of local and state laws
is set forth within the Ordinance. Minor non-substantive changes to the Ordinance since first reading
are indicated by shading.
It is recommended that the City Commission adopt the Ordinance at its second reading/public
hearing.
1700 Convention Center Drive - Fourth Floor - Miami Beal
Agenda Item R 5 F
Date i-lla-Crl
DJT\kw(F:\A TTOITURN\RESOSICIT A TION.ME2)
Attachment