Ordinance 91-2735 ORDINANCE NO. 91-2735
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION
9B-9 OF THE MIAMI BEACH CITY CODE, SAID
SECTION ENTITLED "ADMINISTRATIVE FINES;
LIENS," PROVIDING FOR ADMINISTRATIVE COSTS TO
BE CHARGED IN SPECIAL MASTER PROCEEDINGS;
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDIIING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA.
SECTION 1.
That Section 9B-9 of the Miami Beach City Code, said
section entitled "Administrative Fines ; Liens" , is hereby amended
to read as follows:
SECTION 9B-9. ADMINISTRATIVE COSTS, FINES--, AND LIENS
(a) If the alleged violator is found guilty of a
violation, the violator may be held liable for the
reasonable costs of the Special Master hearing.
(a)112/ A Special Master or Code Enforcement
Board, upon notification by the Code Inspector that
an order previously issued in a case has not been
complied with by the set time or, upon finding that
a Repeat Violation has been committed, may order
the violator to pay a fine in an amount specified
in this Section for each day the violation
continues past the date set by the Enforcement
Board for compliance or, in the case of a Repeat
Violation, for each day the Repeat violation
continues past the date of notice to the violator
of the Repeat Violation.
(b)� A fine imposed pursuant to this Section
shall not exceed $250 per day for a first violation
and shall not exceed $500 per day for a Repeat
Violation.
(c)�_ In determining the amount of the fine, if
any, the Special Master or Code Enforcement Board
shall consider the following factors:
1) The gravity of the violation;
2) Any actions taken by the violator to
correct the violation; and
3) Any previous violations committed by the
violator.
{-d}(e) A Special Master or Code Enforcement
Board may reduce a fine imposed pursuant to this
Section.
(c) (f) 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.
Upon petition to the circuit court, such order may
be enforced in the same manner as a court judgment
by the sheriffs of this state, including levy
against the personal property, but such order shall
not be deemed to be a court judgment except for
enforcement purposes. A fine imposed pursuant to
this part shall continue to accrue until the
violator comes into compliance or until judgment is
rendered in a suit to foreclose on a lien filed
pursuant to this Section, whichever occurs first.
After 3 months from the filing of any such lien
which remains unpaid, the Enforcement Board may
authorize the City Attorney to foreclose on the
lien. No lien created pursuant to the provisions
of this Chapter may be foreclosed on real property
which is a homestead under Section 4 , Art. X of the
State Constitution.
SECTION 2 . REPEALER
That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY
If any section, sub-section, sentence, clause, phrase or
portion of this ordinance is for any reason, held invalid or
unconstitutional by a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provisions and
such holding shall not affect the validity of the remaining
portions of this ordinance.
SECTION 4 . EFFECTIVE DATE
That this ordinance shall take effect ten (10) days after its
adoption, on March 16 , 1991.
PASSED AND ADOPTED this 6th day of March , 1991.
✓ /
/J _ L1
V 'YOR
ATTEST:
CCINka.fA, 7l
CITY CLERK
1st reading 2/20/91
LF:YG/yc
2nd reading 3/6/91
4YCA:\ORDIN9B.9
r3iM APPROVED
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OFFICE OF THE CITY ATTORNEY
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tINCORPOIA7q*
LAURENCE FEINGOLD P.O. BOX 0
CITY ATTORNEY MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO. qles-CiI
TO: ALEX DAOUD, MAYOR AND
CITY OF MIAMI BEACH, ME tlir
OF THE COMMISSION
Ir
FROM: LAURENCE FEINGOLD
CITY ATTORNEY
DATE: FEBRUARY 13 , 1991
SUBJECT: AMENDING CODE SECTION 9B-9
ADMINISTRATIVE FINES ; LIENS.
The attached ordinance providing for administrative fines and
liens in Special Master proceedings is to be amended to provide for
reasonable administrative costs.
The subject legislation is in proper form and thus ready for
Commission review.
LF:YG/yc
4YCA:\MEM098.9
10
AGENDA
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