Ordinance 82-2307ORDINANCE NO. 82-2307
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 9B OF THE MIAMI BEACH
CITY CODE, BEING THE CODE ENFORCEMENT BOARD
ORDINANCE; AMENDING SECTION 9B-2 TO DEFINE
JURISDICTION, DEFINE BOARD MEMBERSHIP,
INCREASE MEMBERSHIP, CHANGE TERMS OF OFFICE;
AMENDING SECTION 9B-3 DEFINING PROCEDURES;
AMENDING SECTION 9B-4 CLARIFYING FREQUENCY OF
MEETINGS; ADDING SECTION 9B-3.1 PROVIDING FOR
APPEALS POWERS; AMENDING CHAPTER 17B-17
PROVIDING FOR SAME MEMBERSHIP FOR BOTH CODE
ENFORCEMENT BOARD AND MINIMUM HOUSING AND COM-
MERCIAL/INPAYS BOARD; REPEALING SECTIONS 17B-
18, 17B-19, 17B-20 OF CHAPTER 17B; AMENDING
CHAPTER 2 - SECTION 2-1.3 PROVIDING FOR
SEPARATE FUNCTIONS OF CODE ENFORCEMENT BOARD;
PROVIDING FOR SEVERABILITY AND REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1:
That Chapter 9B - Section 9B-2 of the Code of the City of Miami
Beach, Florida be and the same is hereby amended to read as
follows:
Sec. 9b-2. Code enforcement and minimum housing
and commercial/Pr4pe�1s board; organization.
(a) There is hereby created and established a code en-
forcement board to enforce the occupational license,
building, zoning, sign, fire, sanitation, and other re-
lated 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, plan-
ning board, marine authority, minimum housing and commer-
cial property standards board or other like board. 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 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 con-
tractor, and subcontractor, and a realtor but shall not
be limited to these professions. One of the members
shall be a tenant who does not have, hold, or possess any
proprietary interests in real estate.
(b) The initial appointments to the
o er code enforcement
ry
and minimum housing and commercial/Pap�'ea s board shall be
as follows:
(1) Two members apppointed for a term to end
September 38; 1981 May 1, 1983.
(2) Three members appointed for a term to end on
September 38; 1982 May 1, 1984.
(3) Two members appointed for a term to end on
September 307 1983 May 1, 1985.
Upon expiration of initial terms, subsequent appoint -
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
ments for three 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 suc-
cessive meetings without cause and without prior approval
of the chairman shall automatically forfeit his appoint-
ment, and the city commission shall promptly fill such
vacancy for the remainder of the term.
(c) Members of the code enforcement and minimum
housing and commercial/PW6tayls board shall elect a
chairman. The presence of four or more members shall
constitute a quorum. Members shall serve without compen-
sation 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 either legal
counsel or a prosecutor to the enforcement board. (Ord.
No. 80-2232, §1.)
SECTION 2.
That Chapter 9B - Section 9B-3 of the Code of the City of Miami
Beach, Florida be and the same is hereby amended to read as
follows:
Sec. 9B-3. Enforcement procedures.
(a) It shall be the duty of the code inspector to ini-
tiate enforcement proceedings of the various codes, or
required conditions. No member of the board shall have
the power to initiate such enforcement proceedings.
(b) Except as provided in subsection (c), if a viola-
tion of any code is found, the code inspector shall
notify the violator and give him reasonable time to cor-
rect the violation. Should the violation continue beyond
the time specified for correction, the code inspector
shall, provide the City Manager and the c?de enforcement
and minimum housing and commercial/pa° aaais board with
five (5) days' written notice, and in the absence of any
affirmative action by the City Manager, a hearing shall
be requested by the code inspector pursuant to the
procedure in the following section.
(c) If the code inspector has reason to believe a vio-
lation presents a serious threat to the public health,
safety or welfare, the code inspector may proceed direct-
ly to the procedure set forth in Section 9B-4. (Ord. No.
80-2232, § 1.)
SECTION 3:
That Chapter 9B - Section 9B-4 of the Code of the City of Miami
Beach, Florida be and the same is hereby amended to read as
follows:
Sec. 9B-4. 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 twe 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 ad-
ministrative personnel as may be reasonably required for
the proper performance of the board's duties.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
(b) The city attorney shall either be counsel to the
code enforcement board or shall represent the city by
presenting cases before the board, but in no case shall
the city attorney serve in both capacities.
(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 t.htee four
members of the board must vote for the action to be offi-
cial. The record shall be presented to a court if the
order is appealed. (Ord. No. 80-2232, §1.)
SECTION 4:
That Chapter 9B of the Code of the City of Miami Beach, Florida be
and the same is hereby amended to add Section 9B-3.1 to read as
follows:
Sec. 9B-3.1. Appellate powers.
The members of the code enforcement board shall also
serve as the minimum housing and commercial property
appeals board with all the powers and duties as defined
in chapter 17B of the Code of the City of Miami Beach.
SECTION 5:
That Chapter 17B-17 of the Code of the City of Miami Beach, Florida
be and the same is hereby amended to read as follows:
The city minimum housing and commercial property appeals
board is hereby created and established . The beard
shah eensist e€ seven members appe4nted by the e4ty
eetinse+- The board shall consist of the same members as
the code enforcement board as created and defined in
Chapter 9-B of the Code of the City of Miami Beach.
SECTION 6:
That Sections 17B-18, 17B-19, 17B-20 of Chapter 17B of the Code of
the City of Miami Beach are hereby repealed.
SECTION 7:
That Chapter 2 - Section 2-1.3 shall be amended to read as follows:
Sec. 2-1.3. Serving on more than one board or commission
prohibited.
No person shall be appointed or elected to, or serve on,
more than one board or commission of the city whether
such board or commission now existing or hereafter
created or constituted under the state Constitution, Act
of Legislature, the Charter of the city, or any ordinance
or resolution of the city council. Any person hereafter
appointed or elected to and accepting to and accepting
appointment or election to more than one board or commis-
sion, whether appointive or elective, shall be deemed to
have forfeited forthwith all appointment or election to
any and all prior boards or commissions of which he shall
have been a member. -3-
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Any perses new serving es mete than ene beard et eemmis-
sien of the eity; hewever erected et eesstituted; shall
designate in writing to the eity elerk within fifteen
days e€ the effeetive date hereef the beard of eemm4ss4en
tapes whfeh he desires to serve er eentinue to serve; and
ripen the filing e€ stleh designation a vaeaney shall
thereef be deemed to exist apes any and all ether beards
et eemmissiens to whfeh he was therete€ere eppeisted et
eleeted- The falltire to flle stteh designatien shall be
deemed to be a ferfeittire of membership is eaeh and every
beard er eemmisisen to whfeh stieh persen shall have been
appeinted et eleeted- -ferd- Ne- 1846; §l-}
Provided that the members of the minimum housing and com-
mercial/pAWeRs board, as defined in Chapter 17b of the
Code of the City of Miami Beach, shall also serve as the
code enforcement board as defined in Chapter 9-B of the
Code of the City of Miami Beach, thereby creating one
board serving two separate functions.
SECTION 8: SEVERABILITY.
If any section, sub -section, sentence, clause, phrase or portion of
this Ordinance is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions of
this Ordinance.
SECTION 9: REPEALER.
That all Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 10: EFFECTIVE DATE.
This Ordinance shall take effect 10 days after adoption on
May 1 , 1982.
PASSED and ADOPTED this 21st day of April , 1982.
Attest:
MLB:jj
1st Reading - April 6, 1982
2nd Reading - April 21, 1982 (as amended)
Words underlined have been added.
Words strtiek threugh have been deleted.
5/5/82
APPROVED
LEGAL DEPARTMENT:
Vt(t-
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Date
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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