Ordinance 95-2981 ORDINANCE NO. 95-2981
AN ORDINANCE OF THE MAYOR AND 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 FEES; LIENS" BY REQUIRING
THAT A MINIMUM FINE OF $100 PER DAY BE
IMPOSED FOR ZONING VIOLATIONS INVOLVING
CONSTRUCTION OR ALTERATION OF STRUCTURES
WITHOUT REQUIRED CITY APPROVALS; PROVIDING
A REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the proliferation of construction and/or
alteration of structures without required City approvals
threatens the safety and welfare of citizens and neighboring
property owners throughout the City of Miami Beach; and
WHEREAS, pursuant to Chapter 162 , Florida Statutes and
Miami Beach City Code Section 9B-9 Special Masters are
permitted to impose a per diem fine of up to $250 for
violations of the City' s Zoning Ordinance; and
WHEREAS, there is a need to establish a minimum fine for
violations involving construction/alteration of structures
without required City approvals in order to deter their
occurrence .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
n
SECTION 1. AMENDMENT OF CITY CODE SECTION 9B-9 .
That Section 9B-9 of Miami Beach City Code Chapter 9B,
entitled "Code Enforcement" is hereby amended 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
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Violation.
(c) A fine imposed pursuant to this Section shall not
exceed $250 per day for a first violation and shall not
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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) Notwithstanding subparagraphs (a) through (d) a
minimum fine of $100 per day shall be required for
violations involving construction or alteration of
structures without required City approvals .
(f) (c) A Special Master or Code Enforcement Board may reduce
a fine imposed pursuant to this Section.
(g) (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
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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 4 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.
All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
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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.
PASSED and ADOPTED this 15th day of March
1995 .
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ATTEST:
OR
q&CLE=J-
CITY CLERK
1st reading 3/1/95
2nd reading 3/15/95
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FORM APPROVED
Legal Dept.
By
Date(iv
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OFFICE OF THE CITY ATTORNEY
624
F L O R I D A
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LAURENCE FEINGOLD \\
CITY ATTORNEY H
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6 \ MIAMI BEACH. FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO: 4?Q
DATE: MARCH 15 , 1995
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CA$.LTON
FROM: LAURENCE FEINGOLD • / /
CITY ATTORNEY r
SUBJECT: ORDINANCE REQUIRING MINIMUM FINE FOR CONSTRUCTION/
ALTERATION WITHOUT CITY APPROVAL
The City Commission directed our office to prepare legislation
increasing fines for code violations involving construction or
alteration of structures without required City approvals.
Currently such violations are prosecuted before the City' s Special
Masters . Pursuant to Section 162 . 09 Florida Statutes and Miami
Beach City Code Chapter 9B, the Special Master may impose a fine
not exceeding $250 per day for Code violations . There is no
required minimum fine for violations. In determining the amount of
the fine, the Special Master is required to 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.
AGENDA
ITEM
1700 CONVENTION CENTER DRIVE— FOURTH FLOOR— MIAMI E DATE �3_I S- 1✓
Mayor Seymour Gelber
Members of the City Commission
City Manager Roger M. Carlton
March 15) 1995
Page 2
The attached Ordinance requires imposition of a minimum fine
of $100 per day for all violations involving construction or
alteration of structures without required City approvals . The
Special Master would still have discretion as provided in the
statute and ordinance, to impose an appropriate per diem fine
between $100 and $250 according to his/her findings based upon the
evidence presented at the hearing of the matter.
This minimum fine should be a deterrent to unapproved
construction and alteration in our City.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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