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Ordinance 18454 • '1 ORDINANCE NO. 1845 AN ORDINANCE CREATING A LANDLORD -TENANT ARBITRATION BOARD, HAVING A MEMBERSHIP OF SEVEN MEMBERS, AND SETTING FORTH THE AUTHORITIES, RIGHTS, POWERS AND DUTIES OF SAID LANDLORD -TENANT ARBITRATION BOARD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: There is hereby created and established a Landlord -Tenant Arbitration Board, to be known as the Miami Beach Landlord And Tenant Arbitration Board, hereinafter referred to as the "Arbitration Board." SECTION 2: The Arbitration Board shall consist of seven (7) members, who shall be citizens of the United States, and permanent residents of Dade County, Florida. Members of the Arbitration Board, and any and all employees of the Arbitration Board shall not hold any other elective or appointive public office, or become a candidate for election to any public office, or take part in any City of Miami Beach political campaign involving candidates for office, except to exercise their rights as citizens privately to express their opinions and cast their votes. Any member of the Arbitration Board, or any employee thereof, who announces his candidacy for public office shall be deemed to have vacated his office or position forthwith. The seven (7) mem- bers of the Arbitration Board shall be representative of the community as follows: Two (2) members shall be representative of the hotel or apartment industry or interests; and two (2) members shall be repre- sentative of the tenants of the community at large, and three (3) mem- bers who shall be home owners and who shall have no interest directly related to either group. Any member of the Arbitration Board, or employee thereof, violating or failing to comply with the provisions of this Ordinance shall be deemed to have vacated his office or position. SECTION 3: The members of the Arbitration Board shall be appointed by a majority vote of the City Council for a term of two (2) years. Vacancies occurring shall be filled by appointment of the City Council for the unexpired term in the same manner as the original appointment. SECTION 4: Any member of the Arbitration Board may be removed from office by four -sevenths (4/7) vote of the City Council for malfeasance, misfeasance, or nonfeasance in office, upon specific charges filed with the City Council. Upon proper showing before the City Council that a member of the Arbitration Board has failed to at- tend, without good cause, as many as one-fourth (1/4) of the meetings of the Arbitration Board during any six (6) month period, such member shall be subject to removal from his office as a member of the Arbi- tration Board. No member of the Arbitration Board shall be eligible to qualify for election to any City office, unless he resigns from said Board not later than ninety (90) days prior to the first day within which he may qualify as a candidate for such elective office. SECTION 5: Members of the Arbitration Board shall serve without compensation, but sufficient funds shall be provided by the City Council in the Annual City Budget for reasonable and necessary expense to be incurred by the Board in the performance of its duties. The City Manager shall provide such administrative staff and clerical personnel as may be necessary to assist the Board in the proper per- formance of its duties and functions. - 1 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 SECTION 6: The members of the Board shall select and designate from its members a Chairman, and such other officers as may be deemed necessary, who shall serve at the pleasure of the Board. All meetings of the Board shall be open to the public. No action shall be taken by the Board, except by a majority vote of the entire membership. The Board may adopt rules of procedure governing its meetings and actions on matters within its jurisdiction, not inconsistent with the provisions of this Ordinance. SECTION 7: The Arbitration Board herein created shall have the following powers and duties: a) To make all necessary rules and regulations for the efficient operation of the Arbitration Board, in compliance with all applicable law. b) To give a full and impartial hearing to both landlord and tenants of dwelling units who freely and voluntarily submit themselves to the authority of the Board for the purpose of arbitration, and of fixing of rental charges which are in controversy between the parties, or any other matters relating to, connected with, or pertaining to the Landlord -Tenant relationship. c) The Board shall receive requests for the invocation of the jurisdiction of the Arbitration Board by either one or both of the opposing sides of the controversy. When the request for assumption of jurisdiction by the Board is made by the landlord and tenant jointly, such request shall be upon their written application, duly executed, wherein said landlord and tenant agree to submit to arbitration any controversy existing between them. When a request for assumption of jurisdiction by the Board is made by any one party to an alleged controversy, notice of such allegation and request for the Board's assumption of jurisdiction by the complaining party shall be sent to the non - complaining party. The said non -complaining party will be made aware of the purpose of the Arbitration Board, and invited to voluntarily submit himself to the jurisdiction of the Board for the purpose of settling the matter at issue. In the event the non - complaining party elects to submit to the jurisdiction of the Board, he shall execute a written application in the same manner as above set forth. Where the non -complaining party declines to answer, or submit to the jurisdiction of the Board within ten (10) days after notice, the complaining party will be so in- formed, and notified, in writing, that the Board cannot proceed further in the complained -of matter. d) Parties appearing before the Board are entitled to be heard, to appear without counsel, to present evidence material to the controversy, and to cross- examine witnesses appearing at the hearing. e) The hearing shall be conducted by not less than a quorum of the arbitrators, and a majority of the quorum may determine the question which is the subject of the controversy submitted to arbitration, and render a final award, which shall be binding on the parties. The award shall be in writing, and shall be signed by the arbitrators joining in the award. A copy of the award shall be delivered to each party to the arbitration, either personally, or by registered or certified mail, or as provided in the agreement. The award shall be reducible to judgment, and compliance therewith enforced in accordance with provisions of Chapter 682, Florida Statutes, pertaining to arbitration procedures. - 2 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 f) The purpose of the Board shall be to achieve an amicable settlement, and establish a harmonious relationship between the parties in the controversy, respecting at all times the respective interest of the parties, and resolving such interests for the common good of the entire community. SECTION 8: All ordinances, or parts of ordinances, in conflict herewith be and the same are hereby repealed. SECTION 9: This ordinance shall go into effect upon passage and posting as required by law. PASSED AND ADOPTED this 16th day of September, 1970. Attest: ity Clerk - Finance Director 1st Reading - August 19, 1970 2nd Reading - August 19, 1970 3rd Reading - September 16, 1970 Posted - October 2, 1970- - 3 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 STATE OF FLORIDA COUNTY OF DADE: I, RUTH B. ROULEAU, City Clerk and Finance Director in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 181+5 entitled: AN ORDINANCE CREATING A LANDLORD -TENANT ARBITRATION BOARD, HAVING A MEMBERSHIP OF THREE MEMBERS, AND SETTING FORTH THE AUTHORITIES, RIGHTS, POWERS AND DUTIES OF SAID LANDLORD -TENANT ARBITRATION BOARD, having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 2nd day of October, 1970, and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 25th day of November, 1970. City Clerk and Finance Director 111 L(1 J < 00 — 0 � Z O ORDINANCE 0 03 J �. 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