2002-3371 ORD
ORDINANCE NO.
2002-3371
AN ORDINANCE OF THE MAYOR
AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 30 OF THE
MIAMI BEACH CITY CODE
ENTITLED "CODE ENFORCEMENT"
TO PROVIDE FOR THE
ENFORCEMENT OF COUNTY
CODES; PROVIDING FOR A
REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City commission of the City of Miami Beach are
charged with protecting the public health, safety, and welfare of the citizens of Miami
Beach; and
WHEREAS, it is recognized that public interests may at times be best served by
the enforcement of County Codes:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 30-1, entitled "Intent" be amended to read:
(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 ofF.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 or countv's
codes or ordinances.
(c) Any alleged violation of a city or county 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.
SECTION 2. That Section 30-2, entitled "Alternate code enforcement system created."
be amended to read:
The city creates, pursuant to F.S. ch. 162, an alternate code enforcement system
that gives special masters appointed as set forth in articles IT and III of this chapter the
authority to hold hearings and impose fines, liens and other noncriminal penalties against
violators of the city's or county's codes and ordinances.
SECTION 3. That Section 30-3, entitled "Definitions" be amended to read:
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 or countv 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,
SECTION 4. That Section 30-36, entitled "Appointment of chief special master" be
amended to read:
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
or county 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.
SECTION 5. That Section 30-7 1 (b), entitled "Generally" be amended to read:
(b) Except as provided in subsections (c) and (d) of this section, if a violation
of a city and or county 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.
SECTION 6. That Section 30-74, entitled "Fine" be amended to read:
(c) In addition to such fines, a special master may impose additional fines to
cover all costs incurred by the local government in enforcing its or the county'S codes
and all costs of repairs pursuant to subsections 30-74(a) and (b).
SECTION 7. That Section 30-80, entitled "Provisions of this chapter supplemental" be
amended to read:
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 county codes, or conditions required thereunder.
SECTION 8. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 9. SEVERABILITY.
If any section, subsection or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity,
SECTION 10. 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 become and be made
part of the Code of the City of Miami Beach, Florida. The section of this Ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section," "article," or other appropriate word.
SECTION 11. EFFECTIVE DATE.
This ordinance shall take effect on the 29th day of
June
,2002.
PASSED AND ADOPTED this 19th day of
ATTEST:
~lf~
ITY CLERK
Ordinance No. 2002-3371
APPROVED AS 10
FORM & lANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS HEREBY ~ven lI1at pu~~ hearings will be h.ld by !he Mayor and Ciy Commission of th. Ciy of Miami B.ach, Florida. in !he Commission Chambers. 31d IIoor.
Cily Hall, 1700 Convention Conl.r Drive. Miami Beach. Florida, on Wtdneeday, Jun. 19, 2002, at the tlmoo listed below, to consider 111. follOwing on firsl reading:
11:00 a.m.:
AN ORDINANCE AMENDING CHAPTER 30 OF THE MIAMI BEACH CITY CODE ENTITLED "CODE ENFORCEMENT" TO PROVIDE FOR THE ENFORCEMENT OF
COUNTY CODES: PROVIDING FOR A REPEALER; SEVERABIUTY: CODIFICATION AND EFFECTIVE DATE.
, Inquiries may be directed 10 111. Cod. Complianc. at (305) 673-7555.
at 11:05 a.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2. ENTITLED 'ADMINISTRATlON,' CREATING CODE SECTION 2.315 ENTITLED 'SURPLUS
STOCK-TRANSFER. SALE AND DONATION": PROVIDING FOR REPEALER INCLUDING REPEAL OF CODE SECTION 2.342 ENTITLED 'SURPLUS STOCK";
PROVIDING FOR SEVERABILITY; COOIACATION; AND EFFECTIVE DATE. .
InquirieS may be directed to !he Legal Department at (305) 673-7470.
at 11:101.m.:
AN ORDINANCE AMENDING ORDINANCE NO. 789. THE CLASSIFIED EMPlOYEES' SALARY ORDINANCE OF THE CiTY OF MIAMI BEACH. FLORIDA. PROVIDING
FOR THE GROUP V ClASSIACATIONS. THOSE BEING THE CLASSIFICATIONS COVERED BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA
(GSA), LOCAL 100. IN ACCORDANCE WITH THE NEGOTIATED AGREEMENT; RETROACTIVELY INCREASING THE MINIMUM AND THE MAXIMUM OF THE SALARY
RANGES BY 4% AND INCREASING THE SALARY OF EACH EMPLOYEE BY 4% FROM THE FIRST PAY PERIOD ENDING IN OCTOBER 2001 AND INCREASING THE
MINIMUM AND THE MAXIMUM OF THE SALARY RANGES BY 4%. AND INCREASING THE SALARY OF EACH EMPlOYEE BY 4%. TO BE APPLIED AS OF THE FIRST
PAY PERIOD ENDING IN OCTOBER 2002: AMENDING THE SALARY RANGES OF THE CLASSIFICATIONS SPECIFIED ,IN THE NEGOTIATED AGREEMENT;
PROVIDING FOR A REPEALER. SEVERABILITY. COOIACATlON, AND EFFECTIVE DATES.
InquirieS may be directed 10 111. Hwnan Resources at (305) 673-7524.
112:30 p.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE coDE OF THE CITY OF MIAMI BEACH. BY AMENDING CHAPTER 142. "ZONING
DISTRICTS AND REGULATIONS,' ARTICLE II. 'DISTRICT REGULATIONS,' DIVISION 2, 'SINGLE FAMILY RESIDENTIAL DISTRICTS,' BY AMENDING SECTION 142.105
TO ESTABUSH PROCEDURES AND REGULATIONS FOR NEW CONSTFliCTION ON PROPERTIES WHERE SINGLE FAMILY.HOMES WERE DEMOlISHED WfTliOUT
RECUIRED PERMITS. . .
inquirieS may be directed to the PlannIng Department II (305) 673-7550.
ALL INTERESTED PARTIES art irwited to appear at this meeting. Ot be r8pt1S<<lled by an agent, or 10 0JqlI0IS IheIr views n WlItIng addressed to the Ciy Commission, cIo
the Cily Clerk, 1700 Convention Cen1er Drive. 1st Aoor, City Hal. Miami Beach, Florida 33139. Coplea ofll1ese ordinances artlY8ilabl.for pubI~ i1spection during nonnal
business hours nthe City Clerk's OfficI. 1700 Convention Center DrIve, 1st Floor, City Hal, Miami Beach. Florida 33139. TIlis meoting may be, continued and und.r such
circumstances addilionallegaJ notice would not be provided. . " . .
,": Robert E. Parcher, CIIy Clerk
"",. " .. '0': CIIy of Miami Beach
PulSUlJlllo Seotkln 286.0105. AI. Slat:, 111. City heIeby advises th. puii;ic ihIl: I. peISDrl dacldetlo ~ any decIskin Il1ade by the city Commission v.ilh respect to any
matter considered al its meeli1g or its h.arlng, such person must ensure lhal a verbatim record of 111. pIOC8edlngs Is made, whk;h record Includes 111. lestImor1y and
evidence upon which the appeal is to be based. This nolle. does not constitute consent by Ihe City for 111. inIJOdudIon or aansslon 01 0iheIw1se inadmlssill. or IrreIMnl
....~.nca. nor does I authorize':l1a1lenges or appeaJs not oth.rwIse allowed by law' ,
In accordance v.ilh 111. Americans with Disabil1les Ad of 1990, pe~ needing speoiaI acoommodatIon 10 partIcifla!e nll1ls p~ should contact IhO City CIOrrso1llce
no Ieler Ihan four days prior to Ihe prooeedng.leIephon. (305) 673-7411 for assistance; n hearing impaired, talep/lone the FlorIda R.tay Service nllObers, (800) 955-8771
(TOD) or (800) 955-Bn0 (VOICE), for assistance.
(Ad # 0105)
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
An Ordinance amending Chapter 30 of the Miami Beach City Code entitled "Code Enforcement" to
provide for the enforcement of the Code of Miami-Dade County.
Issue:
Shall the City of Miami Beach amend Chapter 30, of the City Code to broaden the Special Master's
jurisdiction to include violations of the Code of Miami-Dade County?
Item Summary/Recommendation:
The Code Compliance Division is currently enforcing Section 21-28, of the Code of Miami-Dade County in
response to noise complaints. The City has chosen to use this countywide ordinance for the past five
years, as it has withstood a constitutional challenge.
Recently, the Special Master's jurisdiction over the County's noise ordinance was challenged. As a
safeguard, the ordinance is being amended to include the word "County" for jurisdiction of enforcement of
code violations before the Special Master. The ordinance was approved on first reading at the Commission
Meeting held on May 29, 2002.
Advisory Board Recommendation:
I N/A
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
T:\AGENDA\2002\JUN1902\REGULAR\Commission Memo RE- Noise
AGENDA ITEM R 5' It
DATE~
CITYOFMIAMIBEACH
1700 Convention Center Dr, Miami Beach, FI33139
hllp:\\ci. miami-beach. fl.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~
City Manager / -...L L
Date: June 19, 2002
To:
SECOND READING
PUBLIC READING
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 30 OF THE MIAMI BEACH
CITY CODE ENTITLED "CODE ENFORCEMENT" TO PROVIDE FOR THE
ENFORCEMENT OF COUNTY CODES; PROVIDING FOR A REPEALER,
SEVERABILITY, CODIFICATION AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Subject:
Adopt the Ordinance.
ANALYSIS
In response to noise complaints, Neighborhood Services Department, Code Compliance Division is
currently enforcing Section 21-28, of the Code of Miami-Dade County. Section 21-28, makes it
unlawful for any unreasonably loud noise to be audible at 100 feet from the property of the noise
source during the hours of 11 :00 P.M. to 7:00 A.M. Code Compliance officers respond to noise
complaints and if the noise is verified, a notice of violation, which does not include a fine, is issued.
The responsible business owner/property owner is requested to lower the volume to an acceptable
level. Ifthe music is lowered, no further enforcement action is taken. If the location is consistently
issued notices to lower the music and immediately complies each time, but exhibits a pattern of
continued violation, the case will be forwarded to the Special Master to seek a fine. Also, if a notice
is issued for which there is no compliance, the case is forwarded to the Special Master.
The City has successfully used this countywide ordinance for the past five years as it has withstood
a constitutional challenge. Our current procedure is to bring cases, which include numerous
infractions, before the Special Master seeking fines of up to $15,000.00.
Recently, the Special Master's jurisdiction over county code violations was challenged. As a
safeguard, the ordinance is being amended to include the word "County" for jurisdiction of
enforcement of code violations before the Special Master.
While the principal issue that prompted this ordinance was noise compliance, the ordinance change
would allow any County ordinance enforced by the City to be heard at the Special Master level.
This amendment does not affect current code compliance procedures. Additionally, the ordinance
was unanimously approved on first reading at the commission meeting held on My 29, 2002.
JMG\RCM\VPG\AC\kc
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