Ordinance 80-2232ORDINANCE .: 80-2232
AN ORDINANCE CREATING A CODE ENFORCEMENT BOARD
IN THE CITY OF MIAMI BEACH; PROVIDING FOR
DEFINITIONS, TERMS OF OFFICE, ORGANIZATION,
ENFORCEMENT PROCEDURES, HEARINGS, POWERS OF
THE BOARD, PENALTIES, METHOD OF APPEAL; LEGAL COUNSEL;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR THE CODIFICATION
OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the 1980 Florida Legislature enacted Bill
#CS/HB203 which Bill created Part V of Chapter 166, Florida
Statutes, enabling an incorporated municipality to create a
Code Enforcement Board to promote, protect, and improve the
health, safety, and welfare of the citizens of the municipality
by providing an equitable, expeditious, effective and inexpensive
method of enforcing the various occupational license, building,
zoning, sign and related codes in force within the municipality;
and
WHEREAS, the City Commission of the City of Miami
Beach believes it would be in the best interest of the
citizens of the City of Miami Beach to establish a Code Enforcement
Board to provide more effective enforcement of the Miami Beach
City Code.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
Section 1: That Miami Beach Code be and the same is
hereby amended by the addition of a new Chapter 8B entitled
"code Enforcement Board" to read as follows:
Sec. 8B-1 Definitions.
(1) "City Commission" means the legislative body
of the City of Miami Beach.
(2) "Code inspector" means any authorized agent
or employee of the City of Miami Beach whose
duty it is to insure code compliance.
(3) "City attorney" means the legal counselor for
the City of Miami Beach.
(4) "Enforcement board" means the Code Enforcement
Board.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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Sec. 8B-2. Code Enforcement Board; organization.
(a) There is hereby created and established
a Code Enforcement Board to enforce the
occupational license, building, zoning, sign
and other related codes and ordinances including
but not limited to, 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, Minimum Housing and
Commercial Property Standards Board or other
like Board. Said Board shall consist of six (6)
members appointed by a majority vote of the City
Commission, for three (3) 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 basis of experience or interest
in the fields of zoning and building control. The
membership of the Code Enforcement Board shall,
whenever possible, consist of an architect, a
businessman or businesswoman, an engineer, a general
contractor, and subcontractor, and a realtor but shall
not be limited to these professions.
(b) The initial appointments to the Code Enforcement
Board shall be as follows:
(1) Two (2) members appointed for a term to end
on September 30, 1981.
(2) Two (2) members appointed for a term to end
on September 30, 1982.
(3) Two (2) members appointed for a term to end
on September 30, 1983.
Upon expiration of initial terms, subsequent
appointments for three (3) years shall be made.
Any member may be reappointed by the City
Commission. 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 appointment, 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 Commission.
(d) The City Commission shall appoint legal counsel to the
Enforcement Board.
Sec. 8B-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 such enforcement
proceedings.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
(b) Except as provided in subsection (c),
if a violation of any code is found, the
code inspector shall notify the violator
and give him reasonable time to correct
the violation. Should the violation con-
tinue beyond the time specified for
correction, the code inspector shall notify
the Code Enforcement Board and request a
hearing pursuant to the procedure in the
following section. Written notice shall be
mailed to said violator as provided herein.
(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 may proceed directly to the
procedure set forth in 8B- .1f
Sec. 8B-. Conduct of hearing.
(a) The chairman of the Board may call hearings
of the Board. Hearings may also be called by
written notice signed by at least three members
of the Board. The Board, at any hearing, may
set a future hearing date. The Board shall
attempt to convene no less frequently than once
every two months but may meet more or less often
as the demand necessitates. Minutes shall be
kept of all hearings and all hearings shall be
open to the public. The City Manager shall provide
clerical and administrative personnel as may be
reasonably required for the proper performance
of the Board's duties.
(b) Each case before the Board shall be
presented by the City Attorney or his authorized
designee.
(c) The Board shall proceed to hear the cases on
the agenda for that day. The Board shall take
testimony from the code inspector and alleged
violator. All testimony shall be under oath and
shall be recorded. Formal rules of evidence shall
not apply, but fundamental due process shall be
observed and govern said proceedings.
(d) At the conclusion of the hearing, the Board
shall issue findings of fact based on evidence and
conclusions of law and shall issue an order affording
the proper relief consistent with powers granted
herein. The findings shall be by motion approved
by a majority of those present and voting, except
that at least three members of the Board must vote
for the action to be official. The record shall
be presented to a court,af the order is appealed.
Sec. 8B-6. Powers of the Code Enforcement Board.
(a) Adopt rules for the conduct of its hearings.
(b) Subpoena alleged violators and witnesses to its
hearings. Subpoenas may be served by the police
department of the City of Miami Beach.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
(c) Subpoena evidence.
(d) Take testimony under oath.
(e) Issue order having the force of law
commanding whatever steps are necessary to
bring a violation into compliance.
Sec. 8B-7. Fines.
The Board, upon notification by the code inspector
that a previous order of the Board has not been
complied with by the set time, may order the
violator to pay a fine not to exceed $500.00 for
each day the violation continues past the date
set for compliance. 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.
After one (1) year from the filing of any such
lien which remains unpaid, the Board may autho-
rize the City Attorney to foreclose on the lien.
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Sec. 8B--8. Appeals.
An aggrieved party may appeal
of the Code Enforcement Board
the Circuit Court. An appeal
within 30 days of the date of
appealed.
Sec. 8B-9. Notices.
a ruling or order
by certiorari to
shall be filed
the written order
All notices required by this Ordinance shall be
by certified mail, return receipt requested, or
where mail would not be effective, by hand delivery
by the code inspector.
Sec. 8B-10. Code Enforcement method; option.
None of the provisions contained in this Article
shall be considered exclusive. The Code Enforcement
officials or code inspectors shall have the option
to use any method provided by law to enforce the
provisions of the various City Codes, or required
conditions.
Section 2: REPEALER. That all ordinances or parts of or-
dinances in conflict herewith be and the same are hereby repealed.
Section 3. SEVERABILITY. If any section, subsection, clause,
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4. CODIFICATION. It is the intention of the City
Commission of the City of Miami Beach that the provisions of this
Ordinance shall become and be made a part of the Code of the
City of Miami Beach, Florida. The Sections of this Ordinance may
be renumbered or relettered to accomplish such intention and the
word "Ordinance" may be changed to "Section," "Article," or other
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
appropriate word as the Codifier may deem fit.
This Ordinance shall become effective upon its passage
in accordance with law.
PASSED and ADOPTED this 15th day of October , 1980.
Attest:
4%6k:I
ity Clerk
1st Reading - October 1, 1980
2nd Reading - October 15, 1980
LTA/jb
9/18/80
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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