Ordinance 92-2815ORDINANCE NO.
92-2815
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 25, ENTITLED, ""OFFENSES -
MISCELLANEOUS"; AMENDING SECTION 25-67.11
WHICH PROVIDES FOR ADMINISTRATIVE APPEALS FROM
CITATIONS FOR VIOLATIONS OF REGULATIONS
PERTAINING TO GARAGE SALES TO BE DECIDED BY
THE CITY MANAGER OR HIS DESIGNEE ACCORDING TO
PROCEDURES SET FORTH IN MIAMI BEACH CITY CODE
SECTION 20-29, BY PROVIDING THAT, HEREAFTER,
SAID APPEALS SHALL BE DECIDED BY A SPECIAL
MASTER APPOINTED BY THE CITY COMMISSION, UPON
RECOMMENDATION OF THE CITY MANAGER, IN
ACCORDANCE WITH THE PROCEDURES SET FORTH IN
MIAMI BEACH CITY CODE SECTION 20-43; PROVIDING
FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, Miami Beach City Code Section 25-67.11 provides that
appeals from citations for violations of the City's garage sales
regulations be heard and decided by the City Manager or his
designee; and
WHEREAS, the City Manager has recommended that said appeals be
heard by Special Masters appointed by the City Commission; and
WHEREAS, the City Commission believes that the use of Special
Masters to decide appeals from said citations will be a just and
efficient method of adjudicating such appeals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 25-67.
That Section 25-67.11 of Miami Beach City Code Chapter 25,
entitled "Offenses -Miscellaneous" is hereby amended to read as
follows:
Sec. 25-67.11 Rights of violators; payment of fine;
right to appeal; failure to pay civil
fine, or to appeal.
(1) A violator 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 by the City Commission, upon
recommendation of the City Manager, hearing officer
to appeal the decision of the code inspector which
resulted in the issuance of the notice of violation.
1
(2) The procedures for appeal by administrative hearing of
the notice of violation shall be as set forth in section 20-2-4
43 of the Miami Beach City Code.
(3) If the named violator after notice fails to pay the civil
fine or fails to timely request an administrative hearing
before a Special Master hearing officcr, the Special Master
hearing officcr shall be informed of such failure by report
from the code inspector. Failure of the named violator to
appeal the decision of the code inspector within the
prescribed time period shall constitute a waiver of the
violator's right to administrative hearing before the Special
Master hearing officcr. A waiver of the right to
administrative hearing shall be treated as an admission of the
violation and penalties may be assessed accordingly.
(4) Any party aggrieved by the decision of a Special Master
may appeal that decision to
a court of competent jurisdiction as provided in Section
162.11, Florida Statutes.
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 31st day of October
, 1992.
PASSED and ADOPTED this 21st day o October , 19
ATTEST:
CITY CLERK
SWS:YM:\DISK1\25-67.ORD
FORM APPROVED
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By
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Date 4.4 - /2 _
1st reading 10/8/91
Ind raarlina 10/21/92
2
CITY OF MIAMI BEACH
C:TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. X31 �v
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. Carat
City Manager
DATE: October 21, 1992
SUBJECT: GARAGE SALES ORDINANCE - APPEALS TO BE HEARD BY SPECIAL
MASTER
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve the
attached Ordinance on second reading, which provides that hearings
regarding Garage Sales shall be decided by a Special Master
appointed by the City Commission upon recommendation of the City
Manager.
BACKGROUND:
The Ordinance provides that hearings regarding Garage Sales be
conducted by a Special Master appointed by the City Commission upon
recommendation by the City Manager or his designee. First reading
was October 8, 1992.
ANALYSIS:
The appointment of a Special Master will provide a more neutral and
expeditious way of adjudicating the ever-increasing number of
hearings requested by owner/applicants.
CONCLUSION:
In order to provide a more impartial and efficient method of
providing hearings for the above-mentioned cases the Administration
recommends that the City Commission approve the request for the
appointment of a Special Master to be appointed by the City
Commission upon recommendation of the City Manager.
RMC: EC: lcd /1
Attachment
AGENDA
ITEM
DATE
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