Ordinance 88-2602 ORDINANCE NO. 88-2602
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 7, SECTION 7-22
OF THE MIAMI BEACH CITY CODE ENTITLED "PENALTY FOR
VIOLATION OF CHAPTER, REMEDIAL ENFORCEMENT PROCEDURES" ;
PROVIDING FOR ENFORCEMENT PROCEDURES BEFORE THE MIAMI
BEACH CODE ENFORCEMENT BOARD; REPEALING ALL ORDINANCES
IN CONFLICT THEREWITH; 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 Chapter 7 , Section 7-22 of the Miami Beach City Code
entitled "Penalty for violation of chapter; remedial enforcement
procedures" is hereby amended to read as follows:
* * *
Sec. 7-22 . Penalty for violation of chapter; remedial
enforcement procedures.
It shall be unlawful for any person to fail to comply with
the minimum standards established by this chapter, or to fail or
refuse to comply with the requirements of any final order issued
in accordance with the provisions of this chapter. If any person
shall knowingly fail or refuse to obey or comply with, or
willfully violate any of the provisions of this chapter, or any
lawful final order issued hereunder, such person, shall be
subject to enforcement procedures before the Miami Beach Code
Enforcement Board and the penalties as set forth in the Miami
Beach City Code Chapter 9B. trparr-rtrrrf3t34rr-- -stdek--o-fers
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As a cumulative and supplemental method of enforcing the
remedial purposes of this chapter, the code enforcement officer
is authorized, empowered and directed, in the event an owner or
operator willfully or intentionally fails or refuses to obey or
comply with the requirements of any final order issued in
accordance with the provisions of this chapter ten days after
date of receipt of such notice, to carry out or cause to be
carried out the provisions of such final order, by taking bids
and having the necessary work completed. Bids may be requested
by the code enforcement officer for the work and material as a
whole or for any part thereof, separately. The code enforcement
officer shall follow the procedure outlined in the city code and
when applicable the code enforcement officer shall have the right
to reject any or all bids, and if all bids are rejected, the
enforcement officer may readvertise for all or part of such work
and materials, or may determine to do all or a part of the work
by city forces. After compliance has been obtained, the code
enforcement officer shall prepare an appropriate claim of lien
against the owner, operator or property as required under the
applicable law. Such claim of lien, filed of records as
required, shall be dischargeable upon payment thereof in the same
manner as other claims of lien of like type are discharged and
satisfied. Emergencies as defined in section 7-14 herein shall
not be subject to the ten-day notice provision contained herein.
The code enforcement officer may instruct the city to deploy its
work force in any emergency as defined in section 7-14 so as to
immediately remedy the emergency condition. Such emergency work
and materials shall be a lien against the owner, operator or
property involved and shall subject them to the same claim of
lien procedures as set forth herein.
SECTION 2 . REPEALER
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, sentence, clause or phrase 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 ten (10) days after its
adoption, on February 27 , 1988 .
PASSED and ADOPTED this 17th day of February
1988 .
ATTEST: •YOR
X•'���-+t // f E �L/
CITY CL RK
1st Reading - February 3, 1988
SWS/rg/bcg 2nd Reading - February 17, 1988
FORM APPROVED
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