Ordinance 97-3091ORDINANCE NO. 97-3091
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING CHAPTER 8 OF THE MIAMI BEACH CITY
CODE ENTITLED "BUILDING REGULATIONS" BY
CREATING SECTION 8-12 ENTITLED "CITATION OF
BUILDING CODE VIOLATIONS AND PENALTIES" TO
PROVIDE A CITATION PROGRAM AS A METHOD OF
ENFORCEMENT OF BUILDING CODE VIOLATIONS; BY
CREATING SECTION 8-13 ENTITLED "APPEAL OF
CITATION TO SPECIAL MASTER "; UNPAID FINES TO
CONSTITUTE LIEN; AND APPEALS OF SPECIAL MASTER
DECISIONS" TO PROVIDE A REVIEW PROCESS FOR
CONTRACTORS VIOLATING THE PROVISIONS OF
SECTION 8-12; BY CREATING SECTION 8-14 ENTITLED
"SCHEDULE OF VIOLATION FEES" TO PROVIDE FEES
FOR THE VIOLATION OF VARIOUS STATE AND LOCAL
BUILDING AND FIRE REGULATIONS; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds it to be in the best interest of the City to amend
Chapter 8 of the Miami Beach City Code concerning Building Regulations to provide a citation
program for violations of the state and local building codes so that the public may be protected from
illegal construction activities; and
WHEREAS, the proposed amendment Ordinance provides for a citation program and
enforcement procedures pursuant to Section 489.127, Florida Statutes, and a schedule of fees for the
violation of construction laws in the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 8-12 of the Miami Beach City Code to be entitled "Citation of
Building Code Violations and Penalties" be and is hereby created to read as follows:
Sec. 8-12 Citation of Building Code Violations and Penalties
A) Definitions
L "Certified Contractor" means any contractor who possesses a certificate of
competency issued by the Florida Department of Business and Professional Regulation and who is
allowed to contract in any jurisdiction in the state without being required to fulfill the competency
requirements of that jurisdiction.
2. "Registered Contractor" means any contractor who has registered with the
Florida Department of Business and Professional Regulation pursuant to fulfilling the competency
requirements of the Metropolitan Dade County Construction Trades Qualifying Board for which the
registration is issued. A Registered Contractor may contract only in such jurisdiction.
"Locally Licensed Contractor" means any contractor whose job scope does
not substantially correspond to either the job scope of one of the contractor categories defined in
Section 489.105(a) thru (o), Florida Statutes, or the job scope of one of the certified categories
previously established by the Florida Construction Industry Licensing Board, and who possesses a
certificate of competency issued by the Metropolitan Dade County Construction Trades Qualifying
Board. A Locally Licensed Contractor may contract only in such jurisdiction.
4. "Qualifying Agent" means a person who possesses the requisite skill,
knowledge. and experience, and has the responsibility, to supervise, direct. manage, and control the
contracting activities of a business organization with which he is connects: who has the
responsibility to supervise: direct, manage, and control construction activities on a job for which he
has obtained a building permit: and whose technical and personal qualifications have been
determined by investigation and examination by the Department of Business and Professional
Regulation and/or the Metropolitan Dade County Construction Trades Qualifying Board.
5. "Building Code" means the South Florida Building Code and any other
municipal code enacted or adopted as part of the construction codes of the City of Miami Beach.
"Florida Construction Industry Licensing Board" means the board that is a
part of the Department of Business and Professional Regulation, created to maintain proper standards
of construction in the State of Florida.
1 Violations
It shall be a violation of this Ordinance for any Registered or Locally Licensed Contractor
operating within the City of Miami Beach to commit any of the following acts or omissions:
1. To contract for or to do work outside of the scope of work for which the
contractor is authorized to perform;
2. Abandon, without legal excuse, a construction project or operation in which
a contractor is engaged under contract as a contractor.,
3. Divert funds or property received for the execution or completion of a specific
construction project or operation or for a specific purpose to any other use whatsoever;
2
4. To depart from or disregard in any material respect the plans or specifications
of a construction job without the consent of the owner or their duly authorized representative, and
the building official, as defined by the South Florida Building Code;
5. To willfully disregard or violate any provisions of Chapter 489, Florida
Statutes, the South Florida Building Code, or the Building Code of the City, as presently written and
as may be hereinafter amended from time to time;
6. Misrepresent any fact in an application or supporting papers for any permit
which is required the South Florida Building Code or the Building Code of the City;
7. Fail to fulfill contractual obligations in connection with any contract or
construction project, including, but not limited to, payment for material furnished or work or services
performed;
8. Evade or violate any provisions of Chapter 10 of the Code of Metropolitan
Dade County, which may be evidenced by, but not limited to, one or more of the following:
(a) Aiding or abetting any person not holding a certificate of competency to
evade or violate any of the provisions of this Chapter,
(b) Allowing a certificate of competency to be used by an unauthorized
person;
(c) Obtaining a permit for any work in which the certificate of competency
holder does not actually supervise, direct, and control the construction or
installation covered by such permit, or,
(d) Subcontracting any work to any person, corporation or firm not holding
a certificate of competency for work involved in the subcontract.
9. Do any fraudulent act as a certificate holder by which another is injured;
10. Fail to supervise, direct, inspect or control all work on any construction
project or operation on which the qualifying agent is engaged;
11. Fail to maintain insurance coverage as required or worker's compensation
coverage as required by State Law;
12. Fail to maintain business or financial records as required by Chapter 10 of the
Code of Metropolitan Dade County;
3
13. Fail to provide the disclosure required under Chapter 10 of the Code of June
25, 1997 Metropolitan Dade County.
Enforcement of Code Violations
1. A code enforcement officer, inspector, or official in the Building Department
may issue a citation for any violation of Section 8-12(B) whenever, based upon personal
investigation, the officer, inspector, or official has reasonable and probable grounds to believe such
violation has occurred. The citation issued shall state:
(a) Time and date of issuance and the time and date of the violation;
(b) Name of the Code enforcement officer, inspector, or official;
(c) Name and address of the contractor or subcontractor to whom the citation
is issued;
(d) Title and section number of the code or law that may have been violated;
(e) A brief description of the nature of the purported violation and the facts
constituting reasonable cause;
(f) The procedure to be followed in order to pay the civil penalty or to
contest the citation;
.(g) The applicable civil penalty if the person elects not to contest the citation.
2. None of the provisions contained in this ordinance shall be considered exclusive; the
code enforcement officer, inspector or official shall have the option to use any methods provided by
code or law to enforce the provisions of the various city codes.
SECTION 2. That Section 8-13 of the Miami Beach City Code to be entitled "Appeal of Citation
to Special Master; Unpaid Fines to Constitute Lien; Appeals of Special Master Decisions" be and
is hereby created to read as follows:
8-13 Appeal of Citation to Special Master; Unpaid Fines to Constitute Lien; and
Appeals of Special Master Decisions.
A) Notification and Conduct of Hearings
Hearings shall be noticed and conducted before the City's Special Master in
accordance with the procedures set forth in Chapter 9B of the Miami Beach City Code and Section
489.127, Florida Statutes, if the alleged violator elects to contest the citation. The Special Master,
4
at any hearing, may set a future hearing date. The Special Master shall attempt to hold hearings no
less frequently than once a month, but may schedule for hearings more or less often as demand
necessitates. All hearings shall be open to the public. The City Clerk shall provide clerical and
administrative personnel as may be reasonably required for the proper performance of the Special
Master's duties.
B) Requests for Postponement of Hearing
The contractor or complainant may request a continuance of hearing before the
Special Master, and such request for continuance shall be allowed according to the following:
(1) Requests for a continuance of hearing must be made in writing to the Clerk of the
Special Master at least five (5) business days before the date set for hearing.
(2) The first request for a continuance may be administratively granted upon meeting
requirements of paragraph (c) 1B(1).
(3) The second request may be granted by the Building Director in his/her discretion
if the petitioner can show good cause for such continuance. In the event that the
request is denied, appeal of that decision may be made to the Special Master at the
time of hearing and, if the request is granted, the hearing will be rescheduled to the
next available hearing.
(4) Following two (2) continuances, there shall be no further continuances unless
approved by the Special Master.
(5) The Special Master may decide to hear the case and act in accordance with the
powers in this Ordinance whenever the Registered or Locally Licensed Contractor
fails to attend a properly noticed Special Master hearing without obtaining a
continuance provided herein.
Recovery of Unpaid Fines: Unpaid Fines to Constitute Lien
If the alleged violator is found guilty of a violation, the violator shall be held liable for the
reasonable costs of the Special Master hearings and shall be fined in accordance with the procedures
set forth in Section 9B-9 of the Miami Beach City Code. In addition, any fines imposed shall
constitute a lien upon any real or personal property of the violator as provided in Sections 9B-9 and
9B-10 of the Miami Beach City Code and Section 489.127, Florida Statutes.
P) Appeals of Special Master Decisions
Any aggrieved party may appeal a final decision of the Special Master in accordance
with Section 9B-11 of the Miami Beach City Code.
5
SECTION 3. Section 8-14 of the Miami Beach City Code entitled "Schedule of Violation
Fees" is hereby created to read as follows:
Sec. 8-14 Schedule of Violation Fees
The following fees shall apply to the citation of building violations as provided in
Section 8-12 of this Code:
METRO-DADE COUNTY CODE
MC 2-103.21 Use of fire hydrant without permit.
MC 2-103.21 Use of fire hydrant without meter.
$200
$100
MC 10-3(a) No certificate of competency as a master. contractor. sub -contractor, 500
or qualifying agent.
MC 10-3(a) No certificate of competency as a journeyman. maintenance person, $200,
installer or other similar tradesman.
MC 10-22(a) Contracting for work outside the scope of certificate of competency. $500
MC 10-22(b) Abandonment of job. $500
MC 10-22(g) Failure to fulfill contractual obligations. $500
MC 10- Aiding and abetting a person not holding a certificate. $500
22(h)(1)
MC 10- Allowing a certificate to be used by an unauthorized person. $500.
22(h)(2)
MC 10_ Failure of permit holder to supervise. direct and control a job. $500
22(h)(3)
MC 10- Subcontracting work to a person not holding a certificate. $500
22(h)(4)
MC 10-220) Failure to supervise. direct and control all work. S 0
MC 10- Working outside the scope of the certificate or acting as a contractor. $500.
22.1(a)
6
MC 10-
22.1(b)
MC 10-
22.1(d)(1)
MC 14-58
MC 14-62
Departure from or disregard of plans or specifications without consent $500
of the qualifying agent.
Aiding or abetting any person not holding a certificate of competency. $500
Violation of Standards adopted by this Chapter.
Refusal to allow inspection.
MC 24-11(1) PROHIBITIONS AGAINST WATER DISCHARGE.
It shall be unlawful for any person to throw, drain, run or otherwise
discharge into any of the waters of County, or to cause, permit or
suffer to be thrown, run, drained or allowed to seep. or otherwise
discharged into such water any organic or inorganic water.
MC 24-11(3) DISCHARGES AFFECTING WATER QUALITY.
It shall be unlawful for any person to discharge sewage, industrial
wastes. cooling water and solid wastes, or any other wastes into the
waters of this County. including but not limited to surface water, tidal
salt water estuaries, or ground water.
MC 24- SEWER DISCHARGE LIMITATIONS.
11(9)(a)(1)(2) It shall be unlawful for any person to throw, drain. run or otherwise
discharge into a sewer designed to carry storm water, or to cause,
permit. or suffer to be thrown. run, drained. allowed to seep or
otherwise discharge into such sewer.
SFBC
105.1(A)
SFBC 105.2
SFBC 105.3,
305.5, 3324
All other violations of Chapter 10, Metro -Dade County Code.
SOUTH FLORIDA BUILDING CODE
Failure to maintain a building or structure in a safe condition:
failure to maintain devices or safeguards in good working order.
Failure to remove debris. equipment. sheds, or materials.
Failure to secure buildings and equipment.
7
$100
$100
$500
$500
0
$200
$100
100
$100
SFBC
201.1(e)
SFBC
201.3(e)
SFBC 301
SFBC 304.1
SFBC 305.2
SFBC 307.5
SFBC 515
SFBC
3302.2(a)
SFBC
3302.2(b)
SFBC 3302.3
SFBC 3302.4
SFBC 3302.5
SFBC 3306.1
(a),(b),(c)&(d)
Failure to comply with lawful stop work order. 500
Failure to obtain a permit.
Failure to display a permit card.
Failure to obtain mandatory inspection.
Unlawfully connecting utility service.
Failure to provide required accessibility in compliance with the
Florida Americans with Disabilities Accessibility Implementation Act.
Exceeding allowable obstruction of the public right of way with
construction and/or demolition.
Allowing materials to obstruct fire hydrant, fire alarm box, manhole,
catch basin and restriction of water flow to gutters.
Failure to provide temporary sidewalk which is properly guarded and
not less than 5 feet wide.
Illegal obstruction of an alley or portion thereof in connection with
construction or demolition.
Failure to protect sidewalks and pavements from damage incidental to
construction work.
Failure to provide sidewalk shed.
SFBC 3306.2
$FBC 3318.8
SFBC 4006.6
$100
$250
$s_4
0
Failure to provide construction fence. 50
Failure to prevent the falling of paint or debris over public sidewalks or 0
other places of public use.
Failure to obtain Boiler inspections. $100
8
SFBC Unlawful discharge of rainwater or other liquid wastes or allowing same 5(
4611.(a) to be disposed onto or across public property or sidewalk.
All other violations of the South Florida Building Code
LIFE SAFETY CODE
NFPA 101 Any violation of the Life Safety Code.
CHAPTER 553. FLORIDA STATUTES
Any violation of accessibility requirements.
SECTION 4. CODIFICATION IN CITY CODE.
$100
$200
$500
It is the intention of the City commission, and it is hereby ordained that the provisions
of this ordinance shall become and be made part of the City of Miami Beach City Code as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and
that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 5. REPEALER.
repealed.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect on the 26th day of
PASSED and ADOPTED this 16th day of
ATTEST:
b U -4A- fatA
1st reading 7/2/97
2nd reading 7/16/97
9
July
my
, 1997.
JI
OR V
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
of
City . Ate.,
MURRAY H. DUBBIN
City Attorney
TO:
OFFICE OF THE CITY ATTORNEY
6444/71zasniW'areh
F L 0 R 1 D A
1c.
C
fI
Telephone: (305) 673-7470
Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO. 522-91
MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY CO MISSION
FROM: MURRAY DUBBIN V
f$
CITY ATTORNEY I
JOSE GARCIA-PEDROSA
CITY MANAGER
DATE: JULY 16, 1997
SUBJECT: ORDINANCE CREATING CITATION PROGRAM FOR CONTRACTOR
VIOLATIONS OF BUILDING CODE REGULATIONS
At the request of the Building Department, the attached Ordinance was submitted for
Commission consideration and passed on first reading. This Ordinance creates a citation program
whereby contractors are cited for various violations of state and local building regulations. Due to
the lengthy process involved in taking violators before the Dade County Construction Trades
Qualifying Board, it is deemed in the best interest of the City to create an alternate enforcement
vehicle pursuant to Section 489.127, Florida Statutes. Pursuant to state law, a municipality may
create a citation program with automatic fines and appeal hearings to be held before the enforcement
or licensing board or designated Special Master. In that the City has an established Special Master
program, these citations, if contested by the violator, may be appealed to the Special Master under
the City's existing program. In addition, a schedule of fees for the violations of local and state laws
is set forth within the Ordinance. Minor non -substantive changes to the Ordinance since first reading
are indicated by shading.
It is recommended that the City Commission adopt the Ordinance at its second reading/public
hearing.
DJT1kw(F:\ATTO\TURNIRESOS\CITATION. ME2)
Attachment
1700 Convention Center Drive -- Fourth Floor -- Miami Beal
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