Ordinance 93-2895 ORDINANCE NO. 93-2895
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 24, ENTITLED
"NOISE"; AMENDING SECTION 24-10 BY PROVIDING
THAT APPEALS OF CITATIONS FOR VIOLATIONS OF
CHAPTER 24 SHALL BE DECIDED BY A SPECIAL
MASTER APPOINTED AS PROVIDED IN CITY CODE
SECTION 9B-4; PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the amendment provided herein is necessary to clarify
that appeals from violations of Miami Beach City Code Chapter 24
shall be heard by Special Masters appointed by the Chief Special
Master as provided in City Code Section 9B-4 .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 24-10 .
That Section 24-10 of Miami Beach City Code Chapter 24 ,
entitled "Noise" is hereby amended to read as follows:
Sec. 24-10. Rights of Violators; payment of fine; right
to appeal; failure to pay civil fine, or to
appeal.
(1) A Violators who has been served with a notice of
violation shall elect either to:
(a) Pay the civil fine in the manner indicated on the
notice; or
(b) Request an administrative hearing before a Special
Master appointed as provided in Section 9B-4 of
this Code by the City Commission, upon
recommendation of the City Manager. to appeal the
decision of the Code Inspector which resulted in
the issuance of the notice of violation.
SECTION 2. REPEALER.
All ordinances or parts of ordinances 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and the same are hereby repealed.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 shall not be affected by
such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the 25th day of
December , 1993 .
PASSED and ADOPTED this 15th day . December , 1993.
I
/ /
ATTEST:
MAYOR
„. L,A
CITY CLERK
1st reading 11/24/93
2nd reading 12/15/93
SWS:scf:disk6\noisechg.ord
FORM AP pP" I VED
LE 1/" PT.
Date 5W) 1t-to-f?
•
2
_ _ _ _
62i,„ ey(c)-Avm. weacx
F L 0 R I D A
LAURENCE FEINGOLD "-s,
�������,t� EC
oT CAtic qC 26 .�9 `Ala'' 3EACp
-ELEP-,CNE
-ELECOF C�2
COMMISSION MEMORANDUM NO: U14 -93
DATE: NOVEMBER 17, 1993
TO: MAYOR 8EYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON •
FROM: LAURENCE FEINGOLD • -c,
CITY ATTORNEY '`Z6-1
�ru /
SUBJECT: AMENDMENT OF ORDINANCES TO ACHIEVE CONFORMITY BY
PROVIDING FOR SPECIAL MASTERS APPOINTED BY THE CHIEF
SPECIAL MASTER
Section 9B-4 of the Miami Beach City Code provides for
hearings regarding violations of City Codes and Ordinances to be
conducted by Special Masters appointed by a Chief Special Master.
The Chief Special Master is appointed by the City Commission upon
recommendation of the City Manager and City Attorney. It was the
intent that all hearings regarding violations of City Code and
Ordinances should follow this procedure.
The City also had several ordinances which once provided for
administrative hearings to be held by the City Manager or his/her
designee. (Those included appeals from noise, sidewalk cafe and
garbage violations and certificate of use/occupational license
denials/suspensions/revocations. ) The ordinances were later
amended to provide for hearings by a special master appointed by
the City Commission upon recommendation of the City Manager. The
amendments to these Ordinances were not in conformity with Section
9B-4 of the Miami Beach City Code.
By way of housekeeping, the attached amendments to those
ordinances will now provide for those administrative hearings to be
conducted by the Special Masters appointed by the City' s Chief
Special Master pursuant to City Code Section 9B-4 .
LF:scf:memos\specmast.cm '2
IJDIA
t
I
r, TETE1
DATE 12— —93
GG CCN'4ENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139
a
•
•
•
•
•
In •
rn .
0
N O
1
Cr) }a 1
O.\ a) �7
4J N
coy
0 ai
Z W U •H
1-1 U a) •U
c7z •b G
r1 O a)
O - U Cd
Q �
R 4J •
O •rl -
U a)
fq O
•
oO v
a a)
b 4J
v +-)
a)