Ordinance 2000-3236 ORDINANCE NO. 2000-3236
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA AMENDING CHAPTER 30, ENTITLED "CODE ENFORCEMENT,"
OF THE CITY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING ARTICLE I,
ENTITLED "IN GENERAL," BY AMENDING SECTION 30-3 TO AMEND THE
DEFINITION OF "REPEAT VIOLATION" TO INCLUDE VIOLATIONS AT DIFFERENT
• LOCATIONS; BY AMENDING ARTICLE II, ENTITLED "SPECIAL MASTERS," BY
AMENDING SECTION 30-39 TO ALLOW THE CITY ATTORNEY TO PRESENT CASES
BEFORE THE SPECIAL MASTER; BY AMENDING ARTICLE III, ENTITLED
"ENFORCEMENT PROCEDURE," BY AMENDING SECTION 30-71 TO INCLUDE SUB-
SECTION (e) RELATING TO THE DISCLOSURE REQUIREMENTS THAT AN OWNER
OF PROPERTY SUBJECT TO AN ENFORCEMENT PROCEEDING MUST FOLLOW
WHEN OWNERSHIP OF SUCH PROPERTY IS TRANSFERRED; BY AMENDING
SECTION 30-72 TO ENTITLE A PREVAILING LOCAL GOVERNING BODY TO
RECOVER ALL COSTS IN PROSECUTING THE CASE BEFORE THE ENFORCEMENT
BOARD; BY AMENDING SECTION 30-73 TO ALLOW THE SUSPENSION OF A
REPEAT VIOLATOR'S CERTIFICATE OF USE AND/OR BUSINESS LICENSE AND TO
REQUIRE THE PAYMENT OF CIVIL PENALTIES; BY AMENDING SECTION 30-74(a)
TO ALLOW A SPECIAL MASTER TO ORDER A VIOLATOR TO PAY A FINE FOR
EACH DAY THE VIOLATION CONTINUES BEGINNING WITH THE DATE THE
REPEAT VIOLATION IS FOUND TO HAVE OCCURRED; BY AMENDING SECTION
30-74(b) TO STATE THAT ANY REASONABLE REPAIRS MADE BY THE CITY
COMMISSION THAT WERE REQUIRED TO BRING PROPERTY INTO COMPLIANCE
DO NOT CREATE A CONTINUING OBLIGATION ON THE PART OF THE LOCAL
GOVERNING BODY TO MAKE FURTHER REPAIRS OR CREATE ANY LIABILITY
AGAINST THE LOCAL GOVERNING BODY; BY AMENDING SECTION 30-74(c) TO
ALLOW A SPECIAL MASTER TO IMPOSE ADDITIONAL FINES; BY AMENDING 30-
74(d) TO RAISE THE LIMITS OF THE DAILY FINES TO $1,000 PER DAY FOR A FIRST
VIOLATION AND$5,000 PER DAY FOR A REPEAT VIOLATION, AND TO RAISE THE
FINE FOR A VIOLATION IRREPARABLE IN NATURE TO $15,000 PER VIOLATION;
BY AMENDING 30-74(h) TO PROVIDE THAT A LIEN ARISING FROM A FINE RUNS
IN FAVOR OF THE CITY AND THAT THE CITY CLERK, UPON FULL PAYMENT,
MAY SATISFY OR RELEASE THE LIEN AND, IN THE EVENT OF SETTLEMENT FOR
LESS THAN THE FULL AMOUNT OF THE LIEN, SATISFACTION OF RELEASE
SHALL REQUIRE APPROVAL OF BOTH THE CITY MANAGER AND SPECIAL
MASTER; BY AMENDING SECTION 30-78(1)(a) RELATING TO THE REQUIREMENT
OF NOTICE BEING SENT BY CERTIFIED MAIL; BY AMENDING SECTION 30-78(1)(b)
TO ALLOW HAND DELIVERY OF NOTICE BY OTHER LAW ENFORCEMENT
OFFICER OR OTHER PERSON DESIGNED BY THE LOCAL GOVERNING BODY; BY
AMENDING 30-78(1) TO INCLUDE SUB-SECTION (d) PROVIDING FOR NOTICE LEFT
ON COMMERCIAL PREMISES; BY AMENDING 30-78(2)(b)(1) RELATING TO THE
TIME LIMIT AND LOCATIONS FOR POSTING NOTICE IN LIEU OF PUBLICATION;
AND BY ADDING SECTION 30-79 RELATING CIVIL LIABILITY, PENALTIES AND
ATTORNEY'S FEES FOR VIOLATION OF ANY PROVISION OF CHAPTER 30
PROVIDING FOR INCLUSION IN THE CITY CODE OF THE CITY OF MIAMI BEACH,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, changes in Chapter 162 of the Florida Statutes have prompted the proposed
amendments in this enactment of this Ordinance; and
WHEREAS,the City commission has recognized the need for more substantial penalties as
provided in Chapter 162 of the Florida Statutes Section;
WHEREAS, the City Commission seeks to encourage the judicial enforcement of Special
Master Orders where there is non-compliance.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION I: That Chapter 30 entitled "Code Enforcement" of the Code of the City of Miami
Beach, Florida, is hereby amended to read as follows:
ARTICLE I. IN GENERAL
Sec. 30-1. Intent.
(a) It is the intent of this chapter to promote, protect and improve the health, safety and
welfare of the citizens of the city and to provide an equitable, expeditious, effective and
inexpensive method of enforcing codes and ordinances in force in the city where a pending or
repeat violation exists or continues to exist. This chapter is enacted pursuant to the authority of
F.S. ch. 162.
(b) The city code enforcement special masters shall have jurisdiction to hear and decide
cases in which violations are alleged of any provision of the city's codes or ordinances.
(c) Any alleged violation of a city code or ordinance may also be enforced in any court
of competent jurisdiction or in any other appropriate forum as provided by law or municipal or
county ordinance.
(Code 1964, § 9B-1)
Sec. 30-2. Alternate code enforcement system created.
The city creates, pursuant to F.S. ch. 162, an alternate code enforcement system that gives
special masters appointed as set forth in articles II and III of this chapter the authority to hold
hearings and impose fines, liens and other noncriminal penalties against violators of the city's
codes and ordinances.
(Code 1964, § 9B-2)
Sec. 30-3. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Code enforcement special masters means persons appointed by the city commission to
enforce city codes and ordinances as provided in this Code.
Code inspector means the code compliance officers or any authorized agent or employee
of the city whose duty it is to assure code compliance.
Repeat violation means:
(1) A violation of a provision of a city code or ordinance by a person whom a code
enforcement special master has previously found to have violated the same Code provision within
five years prior to the current violation, notwithstanding the violations at different locations.
(2) A violation committed by an entity which has one or more officers, major
shareholders or general partners in common with another entity which violated the same code
provision within five years of the current violation. For purposes of this section a major
shareholder shall be one who owns at least 25 percent of the shares of that corporation. This
paragraph shall only apply where the common officers, major shareholders or general partners are
or were actively involved in the management of the entity committing the violation at the time
when the violation occurred.
(Code 1964, § 9B-3; Ord. No. 94-2917, § 1(9B-3), 4-20-94)
Cross reference(s)--Definitions generally, § 1-2.
State law reference(s)--Similar provisions, F.S. § 162.04.
Sec. 30-4. Litter enforcement officers.
Pursuant to the provisions of F.S. § 403.413, the Florida Litter Law, the code compliance
officers are designated as litter enforcement officers of the city, for the purposes of enforcing F.S.
§ 403.413, and section 46-92. Such employees are designated and appointed as litter enforcement
officers.
(Code 1964, § 2-12.1)
Cross reference(s)--Litter, § 46-91 et seq.; solid waste, ch. 90.
Secs. 30-5--30-35. Reserved.
•
ARTICLE II. SPECIAL MASTERS*
*State law reference--Authority to appoint special masters, F.S. § 162.03(2).
Sec. 30-36. Appointment of chief special master.
Upon prior recommendation of the city manager, the city commission by a majority vote
may appoint a chief special master, who shall be authorized to hold hearings and impose fines,
liens and other noncriminal penalties against violators of city codes and ordinances. The chief
special master shall be an individual who shall have been determined by the city manager and city
attorney to have the knowledge, skills and abilities to perform as chief special master. The chief
special master shall also be authorized to appoint such other special masters as may reasonably be
required to conduct the necessary hearings. Each special master appointed shall have the
knowledge, skills and abilities to perform as special masters.
(Ord. No. 92-2828, § 1(9B-4(a)), 12-16-92)
Sec. 30-37. Terms of office; compensation.
(a) The chief special master shall be appointed for a term of six months and shall
receive an hourly rate of compensation in accordance with reasonable prevailing rates for chief
special masters and retired circuit court judges in the county as determined by the city manager.
(b) Other special masters shall be appointed for a term of six months and shall receive
compensation at the base rate of $100.00 per hour with a maximum payment of $500.00 per
hearing session.
(Code 1964, § 9B-4(d); Ord. No. 92-2828, § 1, 12-16-92; Ord. No. 96-3059, § 1, 10-23-96)
Sec. 30-38. Functions, duties.
Except as provided in this Code, special masters shall have the duties, powers and
responsibilities and shall carry out the functions and procedures as set forth in this chapter.
(Ord. No. 92-2828, § 1(9B-4(b)), 12-16-92)
Sec. 30-39. Duties of city attorncy Presentation of Cases.
The code inspector or the City attorney shall represent the city by presenting cases before the
special master.
(Ord. No. 92-2828, § 1(9B-4(e)), 12-16-92)
Secs. 30-40--30-70. Reserved.
ARTICLE III. ENFORCEMENT PROCEDURE*
*State law reference--Enforcement procedure, F.S. § 162.06.
Sec. 30-71. Generally.
(a) It shall be the duty of the code inspector to initiate enforcement proceedings of the
various codes and ordinances. No special master shall have the power to initiate such enforcement
proceedings.
(b) Except as provided in subsections (c) and (d) of this section, if a violation of a city
ordinance or code is found, the code inspector shall notify the violator and give him a reasonable
time to correct the violation. Should the violation continue beyond the time specified for
correction, the code inspector shall notify a special master and request a hearing. The special
master, through his clerical staff, shall schedule a hearing, and written notice of such hearing shall
be hand delivered or mailed as provided in section 30-78 to the violator. At the option of the
special master, notice may additionally be served by publication or posting as provided in section
30-78. If the violation is corrected and then recurs or if the violation is not corrected by the time
specified for correction by the code inspector, the case may be presented to a special master even
if the violation has been corrected prior to the scheduled hearing, and the notice shall so state.
(c) If a repeat violation is found, the code inspector shall notify the violator but is not
required to give the violator a reasonable time to correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall notify a special master and request a hearing. The
special master, through his clerical staff, shall schedule a hearing and shall provide notice pursuant
to section 30-78. The case may be presented to the special master even if the repeat violation has
been corrected prior to the scheduled hearing, and the notice shall so state. If the repeat violation
has been corrected, the special master retains the right to schedule a hearing to determine costs
and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat
violator may choose to waive his rights to this hearing and pay the costs as determined by the
special master.
(d) If the code inspector has reason to believe a violation presents a serious threat to
the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the
code inspector shall make a reasonable effort to notify the violator and may immediately notify
the special master and request a hearing.
(e) If the owner of property which is subject to an enforcement proceeding before a
special master, or a court transfers ownership of such property between the time the initial
pleading was served and the time of the special master hearing, such owner shall:
(1) Disclose, in writing, the existence and nature of the proceeding to the
prospective transferee.
(2) Deliver to the prospective transferee a copy of the pleadings. notices, and
the materials relating to the code enforcement proceeding received by the transferor.
(3) Disclose, in writing, to the prospective transferee that the new owner will
be responsible for compliance with the applicable code and with orders issued in the code
enforcement proceeding.
(4) File notice in writing with the code enforcement official disclosing the
transfer of the property. with the identity and address of the new owner and copies of the
disclosures made to the new owner, within 5 days after the date of the transfer.
A failure to make the disclosures described in subparagraphs (1). (2). and (3) before the transfer
creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the
proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of
time to correct the violation before the hearing is held.
(f) In addition to notifying the violator as provided in subsections (b), (c) and (d) of
this section, the code inspector, clerical staff or other persons designated by the city manager may
also provide notice by mail or other means to the mortgage holder(s) and/or other persons or
entities having an interest in the subject property.
(Code 1964, § 9B-6; Ord. No. 92-2828, § 3(9B-6), 12-16-92; Ord. No. 93-2845, § 1, 4-21-93)
State law reference--Similar provisions, F.S. § 162.06.
Sec. 30-72. Conduct of hearings.
(a) Upon request of the code inspector or at such other times as may be necessary, the
special master may call hearings. The special master at any hearing may set a future hearing date.
The special master shall attempt to convene no less frequently than once every month but may
meet more or less often as the demand necessitates. Minutes shall be kept of all hearings, and all
hearings shall be open to the public. The city manager shall provide clerical and administrative
personnel as may be reasonably required for the proper performance of the special master's duties.
If the local governing body prevails in prosecuting a case before the Special
Master, it shall be entitled to recover all costs incurred in prosecuting the case before the Special
Master, including but not limited to costs for enforcement, inspections, preparation of enforcement
reports. photographs. testing. monitoring, title search, postage, service of notice and or orders,
translator. audio/video of proceeding. recording demonstrable administrative and or clerical costs,
attributable Special Master fees, hearing facility costs: such costs may be included in the lien
authorized under F.S. § 162.09(3).
(b) Except as provided in article II of this chapter, the special master shall proceed to
hear the cases on the agenda for that day and shall take testimony from the code inspector and
alleged violator. All testimony shall be under oath and shall be recorded. Formal rules of evidence
shall not apply, but fundamental due process shall be observed and shall govern said proceedings.
(c) At the conclusion of the hearing, the special master shall issue findings of fact based
on evidence and conclusions of law and shall issue an order affording the proper relief consistent
with the powers granted herein. The order may include a notice that it must be complied with by
a specified date, and that a fine may be imposed, if the order is not complied with by that date,
and, under the conditions specified in section 30-74, the cost of repairs may be included along with
the fine if the order is not complied with by the specified date. A certified copy of such order may
be recorded in the public records of the county and shall constitute notice to any subsequent
purchasers, successors in interest, or assigns if the violation concerns real property, and the
findings therein shall be binding upon the violator and, if the violation concerns real property,
upon any subsequent purchases, successors in interests, or assigns. If an order is recorded in the
public records pursuant to this section and the order is complied with by the date specified in the
order, the special master shall issue an order acknowledging compliance that shall be recorded in
the public records. A hearing is not required to issue such an order acknowledging compliance.
(Code 1964, § 9B-7)
State law reference--Similar provisions, F.S. § 162.07.
Sec. 30-73. Powers of the special master.
Each shall have the power to:
(1) Adopt rules for the conduct of its hearings.
(2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served
by the police department or the sheriff.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Issue orders having the force of law commanding whatever steps are necessary to
bring a violation into compliance. In cases of repeat violations, if the special master finds that the
violator's conduct is habitual or flagrant or amounts to a refusal to comply with prior orders, the
special master may suspend the violator's certificate of use and/or business license for a period
not to exceed six (6) months.
(6) Assess and order the payment of civil penalties as proscribed herein.
(Code 1964, § 9B-8)
State law reference--Similar provisions, F.S. § 162.08.
Sec. 30-74. Fine.
(a) A special master, 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 special master for compliance or, in the
case of a repeat violation, for each day the repeat violation continues past the date of noticc to the
violator of the rcpcat violation. beginning with the date the repeat violation is found to have
occurred by the code inspector.
(b) In addition, if the violation is a violation described in section 30-71(d), the special
master shall notify the city commission, which may make all reasonable repairs required to bring
the property into compliance and charge the violator with the reasonable cost of the repairs along
with the fine imposed pursuant to this section. Making such repairs does not create a continuing
obligation on the part of the local governing body to make further repairs or to maintain the
property and does not create any liability against the local governing body for any damages to the
property if such repairs were completed in good faith. If a finding of a violation or a repeat
violation has been made as provided in this article, a hearing shall not be necessary for issuance
of the order imposing the fine. If after due notice and hearing a special master finds a violation
to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in
subsection (c) of this section.
(c) - - - - - .': . : - . ; , .'; ; '; , , .'; ; j : : : .
- - - - - - ' : . In addition to such fines, a special master
may impose additional fines to cover all costs incurred by the local government in enforcing its
codes and all costs of repairs pursuant to Section 30-74 (a)-(b).
(d) A fine imposed pursuant to this section shall not exceed $250.00 $1,000.00 per
day for a first violation and shall not exceed 00 $5.000.00 per day for a repeat violation. In
addition, the special master may include all `costs of repairs pursuant to Section 30-74 (c).
However, if the special master finds the violation to be irreparable or irreversible in nature, he
may impose a fine not to exceed $5,000.00 $15.000.00 per violation.
(e) In determining the amount of the fine, if any, the special master 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.
(f) A special master may reduce a fine imposed pursuant to this section.
(g) 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 article 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.
(h) A lien arising from a fine imposed pursuant to this section runs in favor of the city
commission and the city commission clerk upon full payment may execute a satisfaction or release
of lien entered pursuant to this section; in the event of settlement for less than the full amount of
said lien, satisfaction or release shall require approval of both the city manager and the special
master.
(I) After three months from the filing of any lien which remains unpaid, the special
master may authorize the city attorney to foreclose on the lien. No lien created pursuant to the
provisions of this article may be foreclosed on real property which is a homestead under Fla.
Const., art. X, § 4.
(Code 1964, § 9B-9; Ord. No. 92-2828, § 4(9B-9), 12-16-92; Ord. No. 95-2981, § 1(9B-9),
3-15-95)
State law reference--Similar provisions, F.S. § 162.09.
Sec. 30-75. Duration of lien.
No lien provided under this chapter shall continue for a period longer than 20 years after
the certified copy of an order imposing a fine has been recorded unless within that time an action
to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose
on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee,
that it incurs in the foreclosure. The city commission shall be entitled to collect all costs incurred
in recording and satisfying a valid lien. The continuation of the lien effected by the commencement
of the action shall not be good against creditors or subsequent purchasers for valuable
consideration without notice unless a notice of Lis pendens is recorded.
(Code 1964, § 9B-10)
State law reference--Similar provisions, F.S. § 162.10.
Sec. 30-76. A. Rehearings.
Upon filing of a petition for rehearing by a violator or by the city administration, a special
master may rehear a case, take additional testimony and issue a new order. The petition must be
filed with the clerk of the special master and must demonstrate that there is newly discovered
evidence that could not have been discovered through the use of due diligence prior to the original
hearing and that will probably change the result if a rehearing is granted, or the special master has
overlooked or failed to consider something which renders the order issued erroneous. A petition
for rehearing must be filed within 30 days of the filing of the last order issued in the case.
(Ord. No. 92-2772, § 1, 2-5-92)
B Mitigation.
All applications for mitigation shall be made in writing and under oath. No applications
for mitigation shall be considered until an affidavit of compliance has been filed by the City
Inspector or the property owner. A Petition for Mitigation or relief from order shall be brought
within one (1) year after the entry of the special master order imposing the fine. Mitigation may
not be used for purposes of rehearing or appeal of the original order imposing the fine.
Sec. 30-77. Appeals.
An aggrieved party, including the city administration, may appeal a final administrative
order of a special master to the circuit court. Such an appeal shall not be a hearing de novo but
shall be limited to appellate review of the record created before the special master. An appeal shall
be filed within 30 days of the-execution rendition of the order to be appealed.
(Code 1964, § 9B-11; Ord. No. 92-2772, § 2, 2-5-92)
State law reference--Similar provisions, F.S. § 162.11.
Sec. 30-78. Notices.
(1) All notices required by this part shall be provided to the alleged violator by:
(a) Certified mail, return receipt requested, provided if such notice is sent under
this paragraph to the owner of the property in question at the address listed in the tax collector's
office for tax notices. and at any other address provided to the local government by such owner
and is returned as unclaimed or refused, notice may be provided by posting as described in
subparagraphs (2)(b)1. and 1 and by first class mail directed to the addresses furnished to the
local government with a properly executed proof of mailing or affidavit confirming the first class
mailing;
(b) Hand delivery by the sheriff or city police officer or other law enforcement
officer, code inspector, or certified process server or other person designed by the local governing
body:
(c) Leaving the notice at the violator's usual place of residence with any person
residing therein who is above 15 years of age and informing such person of the contents of the
notice; or
(d) In the case of commercial premises. leaving the notice with the manager or
other person in charge.
(a)(2) In addition to providing notice as set forth in subsection) (1), at the option of the
special master, notice may also be served by publication or posting, as follows_
(a)1. Such notice shall be published once during each week for 4 consecutive
weeks (four publications being sufficient) in a newspaper of general circulation in the county. The
newspaper shall meet such requirements as are prescribed under chapter 50 for legal and official
advertisements.
(a)2. Proof of publication shall be made as provided in ss. 50.041 and 50.051.
(b)1. In lieu of publication as described in subsection (1) paragraph (a), such
notice may be posted at least ten (10) days prior to the hearing, or prior to the expiration of any
deadline contained in the notice, in at least two locations, one of which shall be the property upon
which the violation is alleged to exist and the other of which shall be, ' -. -- : . ;-'.. ' '- -,
at the primary_municipal government office, and in thc case of counties, at thc front door of the
court-honse-irr said-county of the City of Miami Beach. located at 1700 Convention Center Drive,
Miami Beach. Florida.
(b)2. Proof of posting shall be by affidavit of the person posting the notice, which
affidavit shall include a copy of the notice posted and the date and places of its posting.
(c) Notice by publication or posting may run concurrently with, or may follow,
an attempt or attempts to provide notice by hand delivery or by mail as required under subsection
(a) (1) of this section.
Evidence that an attempt has been made to hand deliver or mail notice as provided in
subsection (a) (1) of this section, together with proof of publication or posting as provided in
subsection (-b) (2) of this section shall be sufficient to show that the notice requirements of this
chapter have been met without regard to whether or not the alleged violator actually received such
notice.
(Code 1964, § 9B-12; Ord. No. 92-2772, § 2, 2-5-92)
State law reference--Similar provisions, F.S. § 162.12.
Sec. 30-79. Civil liability; penalties; attorneys' fees.
(a) Any person who violates a provision of this chapter or any lawful rule, regulation,
or written order of the special master under this chapter is subject to injunction or other equitable
relief to enforce compliance with or to prohibit the violation of this chapter. Further, such person
is liable for any damage to City caused by such violation, and for the reasonable costs and
expenses incurred by the City in enforcing the provisions of this chapter, including but not limited
to all costs for enforcement and collection. All such sums shall become immediately due and
payable upon expenditure by the City and shall become delinquent if not paid within thirty (30)
days after notice to the violator of either the City's bill or special master's order itemizing the
enforcement costs incurred in enforcing the provisions of this chapter (the "due date"). All such
delinquent sums shall bear interest at the rate of twelve (12) percent per annum.
(h) In addition to the foregoing, any person who violates a provision of this chapter or
any lawful rule, regulation or written order of the special master under this chapter is subject to
the judicial imposition of a civil penalty for each offense in an amount not to exceed that set forth
in Sec. 30-74(d) supra Each day during any portion of which a violation occurs constitutes a
separate offense.
(c) Upon the rendition of a judgment or decree by any of the courts of this State against
any person and in favor of the City in any action to enforce compliance with or prohibit the
violation of the provisions of this chapter, the court shall adjudge or decree against that person and
in favor of the City a reasonable sum as fees or compensation for the attorney acting on behalf of
the Director of Code Compliance. Director of Building, Fire Marshal or the City in the suit in
which recovery is had. Such fees or compensation shall be included in the judgment or decree
rendered in the case. This provision shall apply to all civil actions filed after the effective date of
this ordinance Cessation of the violation of any of the provisions of this chapter prior to rendition
of a judgment or prior to execution of a negotiated settlement, but after an action has been filed
by the Director of Code Compliance. Director of Building. Fire Marshal or the City to enforce
the provisions of this chapter, shall be deemed for the purposes of this section the functional
equivalent of a confession of judgment or verdict in favor of the Director of Code Compliance,
Director of Building, Fire Marshal or the City to enforce the provisions of this chapter. shall be
deemed for the purposes of this section the functional equivalent of a confession of judgment or
verdict in favor of the Director of Code Compliance. Director of Building or Fire Marshal, for
which attorney's fees shall be awarded as set forth in this section.
(d) Nothing in this section shall be construed to permit or require the Director of Code
Compliance. Director of Building. Fire Marshal nor City Attorney to bring an action on behalf
of any private person.
(Ord. No. 89-118. §3. 11-21-89)
Sec. 30-80. Provisions of this chapter supplemental.
None of the provisions contained in this chapter shall be considered exclusive. The city
administration or code inspectors have the option to use any method provided by law or municipal
or county ordinance to enforce the provisions of the various city codes, or conditions required
thereunder.
SECTION 2. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. EFFECTIVE DATE.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City commission of the City of Miami Beach and it is
hereby ordained that the provisions of this ordinance shall became and be made a part of the
Miami Beach City code. The sections for this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be change to"section," "article" or other
appropriate word.
This Ordinance shall take effect on the 20th day of May , 2000.
PASSED AND ADOPTED this 10th day of May 2000.
ATTEST:
MAYOR
C TY CLERK
1st reading 4/12/00
2nd reading 5/10/00 APPROVED AS TO
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MURRAY H. DUBBIN p*""`° �'
Telephone: (305) 673-7470
• City Attorney Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO.3b2-0-0
TO: Mayor Neisen O. Kasdin and DATE: May 10, 2000
Members of the City Commission
FROM: Murray H. Dubbin
City Attorney kI
SUBJECT: ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 30, ENTITLED
"CODE ENFORCEMENT," OF THE CITY CODE OF THE CITY OF MIAMI
BEACH, ARTICLE III, ENTITLED "ENFORCEMENT PROCEDURES" BY
AMENDING SUCH PROCEDURES AND PROVIDING FOR INCLUSION IN
THE CITY CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
REPEALER, SEVERABILITY; AND AN EFFECTIVE DATE--SECOND READING.
The above-referenced Ordinance is submitted for consideration by the Mayor and City
Commission for second reading.
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