Ordinance 91-2764 ORDINANCE NO. 91-2764
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CITY CODE CHAPTER 9B, ENTITLED "CODE
ENFORCEMENT", AMENDING SECTION 9B-9, ENTITLED
"ADMINISTRATIVE FINES; LIENS," BY PROVIDING
THAT VIOLATORS FOUND GUILTY OF VIOLATING CITY
CODES MAY BE LIABLE FOR THE REASONABLE COSTS
OF CODE ENFORCEMENT BOARD HEARINGS; PROVIDING
FOR REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING 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 Miami Beach City Code, Chapter 9B,
entitled "Code Enforcement" 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 or Code
Enforcement Board hearings.
(b) 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.
(c) 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.
(d) 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.
(e) A Special Master or Code Enforcement Board may
reduce a fine imposed pursuant to this Section.
(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 November 2 , 1991.
PASSED AND ADOPTED this 23rd day of October , 1991.
VICE-MAYOR
ATTEST:
CITY CLERK
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FORM APPROVED
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OFFICE OF THE CITY MANAGER CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 3/2t- 9I
DATE: October 23 , 1991
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Carla Bernabei Talarico �`
City Manager ,[
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SUBJECT: AMENDING CODE SECTION 9B-9 (a) CODE ENFORCEMENT
The majority of property owners maintain their property according
to Code standards and obtain all required licenses and permits,
however a few do not. Currently the law-abiding taxpayers are
having to underwrite the cost of the administrative hearings before
the Code Enforcement Board through the City general operating
budget.
The proposed ordinance provides that after a hearing before the
Code Enforcement Board, if the alleged violator is found guilty,
the violator may be held liable for payment of reasonable
administrative costs of the hearings
ADMINISTRATION RECOMMENDATION:
That the City Commission adopt this ordinance.
REB:tf
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AGENDA
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