Ordinance 88-2614 ORDINANCE NO. 88-2614
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 9B OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, SECTIONS
2, 3, 6, 7 AND 8, ENTITLED "CODE ENFORCEMENT
BOARD" , PROVIDING FOR REAPPOINTMENT OF BOARD
MEMBERS; REVISING REQUIREMENTS FOR HEARINGS;
PROVIDING STANDARDS FOR DETERMINING THE AMOUNTS OF
FINES; REVISING APPELLATE PROCEDURES; PROVIDING FOR
NOTICE BY PUBLICATION OR POSTING; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1:
That Sections 2 , 3 , 6, 7 and 8 of Chapter 9B of the Miami Beach
City Code, entitled "CODE ENFORCEMENT BOARD", are hereby amended
to read as follows:
MIAMI BEACH CITY CODE
CHAPTER 9B
CODE ENFORCEMENT BOARD
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Sec. 9B-2. Code enforcement board; organization.
a) There is hereby created and established a code enforcement
board to enforce the City's codes and ordinances including, but
not limited to zoning, marine, property maintenance, and other
related codes and ordinances and all pertinent resolutions or
provisions of variances or conditional use permits heretofore or
hereafter granted by the city commission, zoning board of
adjustment, planning board, marine authority, property
maintenance standards appeals board or other like boards. Said
board shall consist of seven members appointed by a majority vote
of the city commission for three year terms except as set forth
herein. Members of the code enforcement board shall be residents
of the City of Miami Beach. Appointments shall be made on the
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basis of experience or interest in the fields of zoning and
building control. The membership of the code enforcement board
shall, whenever possible, include an architect, a businessman or
businesswoman , an engineer , a general contractor, a
subcontractor, and a realtor but shall not be limited to these
professions. -e€- tee '9--ahal-1--be--a--tartwho-dees--ne#
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b) The initial appointments to the code enforcement board
shall be as follows:
1) Two members appointed for the term to end on July 1, 1983 .
2) Three members appointed for a term to end on July 1, 1984 .
3) Two members appointed for a term to end on July 1, 1985.
Upon expiration of initial terms, subsequent appointments for
three years shall be made. Any member may be reappointed by the
city commission Far erre arteeeaaive term.- Appointments to fill a
vacancy shall be for the remainder of the unexpired term. Any
member who fails to attend two of three successive meetings
without cause and without prior approval of the chairman shall
automatically forfeit his apppointment, and the city commission
shall promptly fill such vacancy for the remainder of the term.
c) Members of the code enforcement board shall elect a
chairman. The presence of four or more members shall constitute
a quorum. Members shall serve without compensation but may be
reimbursed for such travel, mileage, and per diem expenses as may
be authorized by the city manager.
d) The city commission shall appoint either legal counsel or
a prosecutor to the code enforcement board.
Sec. 9B-3. Enforcement procedures.
a) It shall be the duty of the code inspector to initiate
enforcement proceedings of the various codes, or required
conditions. No member of the board shall have the power to
initiate enforcement proceedings.
(b) Except as provided in subsection (c) , if a violation of
any code is found, the code inspector shall notify, the violator
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and give him reasonable time to correct the violation. Should
the violation continue beyond the time specified for correction,
the code inspector shall provide the city manager and the code
enforcement board with five days' written notice, and in the
absence of any affirmative action by the city manager within five
days, a hearing shall be requested by the code inspector pursuant
to the procedure in the following section. The code enforcement
board, through its clerical staff, shall schedule a hearing, and
written notice of said hearing shall be hand delivered or mailed
as provided by this chapter to said violator. At the option of
the code enforcement board, notice may additionally be served by
publication or posting as provided in Section 9B-8 of this
chapter. If the violation is corrected and then recurs or if the
violation is not corrected by the time specified for correction
by the code inspector, the case ahakH may be presented to the
code enforcement board even if the violation has been corrected
prior to the board hearing and the notice shall so state.
c) If the code inspector has reason to believe a violation
presents a serious threat to the public health, safety or
welfare, the code inspector shall make a reasonable effort to
notify the violator and may immediately notify the enforcement
board and request a hearing.
* * * * * * * * * * * * * * * * *
Sec. 9B-6. Fines; liens
(a) The board upon notification by the code inspector that an
order of the board has not been complied with by the set time or,
upon finding that the same violation has been repeated by the
same violator, may order the violator to pay a fine not to exceed
two hundred fifty dollars for each day the violation continues
past the date set for compliance or for each time the violation
has been repeated, and a hearing shall not be necessary for
issuance of the order.
(b) In determining the amount of the fine, if any, the code
enforcement board shall consider the following factors:
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(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the
violation;
.(3) Any previous violations committed by the violator.
Ic) 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. After six
months, from the filing of any such lien which remains unpaid,
the board may authorize the city attorney to foreclose on the
lien. Said lien will carry with it an interest rate at the
maximum allowable by state statutes.
Sec. 9B-7. Appeals.
An aggrieved party, including the City administration may appeal
a final administrative order of the code enforcement board to the
circuit court. Such an appeal shall not be a hearing de novo but
shall be limited to appellate review of the record created before
the code enforcement board. An appeal shall be filed within
thirty days of the date-e€-the-wr4tten execution of the order to
be appealed.
Sec. 9B-8. Notices.
a) All notices required by this chapter shall be by certified
mail, return receipt requested, by hand delivery by the sheriff,
a code inspector, police officer or other person designated by
the City administration or by leaving the notice at the
violator' s usual place of residence with some person of his
family above 15 years of age and informing such person of the
contents of the notice.
(b) In addition to providing notice as set forth in subsection
(a) , at the option of the code enforcement board, notice may also
be served by publication or posting, as follows:
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(1) a. Such Notice shall be published once during each week for
4 consecutive weeks (four publications being sufficient) in a
newspaper of general circulation in the county where the code
enforcement board is located. The newspaper shall meet such
requirements as are prescribed under chapter 50 for legal and
official advertisements.
b. Proof of publication shall be made as provided in
Sections 50. 041 and 50. 051 of the Florida Statutes.
(2) a. If there is no newspaper of general circulation in the
county where the code enforcement board is located, three copies
of such notice shall be posted for at least 28 days in three
different and conspicuous places in such county, one of which
shall be at the front door of the courthouse in said county.
b. Proof of posting shall be by affidavit of the person
posting the notice, which affidavit shall include a copy of the
notice posted and the date and places of its posting.
3 . Notice by publication or posting may run concurrently
with, or may follow, an attempt or attempts to provide notice by
hand delivery or by mail as required under subsection (a) .
Evidence that an attempt has been made to hand deliver or mail
notice as provided in subsection (a) together with proof of
publicaton or posting as provided in subsection (b) , shall be
sufficient to show that the notice requirements of this chapter
have been met, without regard to whether or not the alleged
violator actually received such notice.
SECTION 2: REPEALER
That all Ordinances or parts of Ordinances in conflict herewith
be and the same are hereby repealed.
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SECTION 3: SEVERABILITY
If any section, subsection, sentence, phrase, clause or
provision of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then
said holding shall in no way affect the validity of the remaining
portions of this Ordinance.
SECTION 4: EFFECTIVE DATE
This Ordinance shall take effect 10 days after its adoption on
May 28 , 1988.
PASSED and ADOPTED this 18th day of May , 1988 .
i YOR
ATTEST:
CITY CLERK FORM A` y z
ED
1st Reading - May 4, 1988 (as amended) : p E�` = � •
2nd Reading - May 18, 1988 Ba&411q
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