2003-3419 OrdinanceORDINANCE NO. 2003-3419
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 30 OF THE
MIAMI BEACH CITY CODE, SECTION 30-76(b)
ENTITLED " MITIGATION", BY PROVIDING
THAT MITIGATION REQUESTS MUST BE FILED
WITHIN ONE YEAR OF THE ENTRY OF THE
SPECIAL MASTER ORDER IMPOSING THE FINE;
BY DELETING THE ABILITY OF THE CITY AND
THE VIOLATOR TO AGREE TO ALLOW THE
MITIGATION REQUEST BE FILED AFTER THE
ONE YEAR PERIOD HAS LAPSED; AND BY
DELETING THE REQUIREMENT OF CITY
COMMISSION APPROVAL OF MITIGATIONS IN
EXCESS OF $100,000.00; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach are charged
with the responsibility of ensuring fines are imposed in an equitable manner; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach desire to
establish an efficient system to review said fines; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach have
determined that the Special Master system is generally equitable and efficient;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 30-76(b) of the Miami Beach City Code, entitled
"Mitigation" be amended to read:
See. 30-76(b). Rehearings; Mitigation.
(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 year after the entry of the special master
order imposing the fine. ~cr,~,T;,
t~an elan nan an ..... :~ r-;,,, c^---;~; .......... ~ Mitigation may not be used for
purpose of rehearing or appeal of the original order imposing the fine·
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repealed.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 or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 4. 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 sections 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 5. EFFECTIVE DATE
This ordinance shall take effect on the 9th day of August ,2003.
PASSED AND ADOPTED this 30th
ATTEST:
CITY CLERK
day (
1~, 2003.
MAYOR
FORM & LANGUAGE
& FOR EXECUTIQN
F:\atto~DATR\Resos and OrdinancesWlitigation Ordinance 2.doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
lAn Ordinance amending Chapter 30 of the Miami Beach City Code, Section 30-76(b) entitled "Mitigation",
by providing that mitigation requests must be filed within one year of the entry of the Special Master Order
imposing the fine; by deleting the ability of the City and the violator to agree to allow the mitigation request
be filed after the one year period has lapsed; and by deleting the requirement of City Commission approval
of mitigation in excess of $100,000.00.
Issue:
Shall the City amend the Code to delete recently enacted changes of the powers of the Special Master to I
mitigate liens and restore the former procedure?
I
Item Summary/Recommendation:
The original language was submitted in an effort to reduce the number of lien settlements which were
negotiated by the Administration and to employ the Special Master services in providing a hearing for
resolution of these matters.
As the Administration has attempted to actually implement the provisions of this Ordinance, it has become
apparent that the provisions would tend to blur the respective roles and powers reserved to the Special
Master and to the City Commission respectively in City Code and State Statute. The language as adopted
in the Ordinance while accomplishing one objective of reducing the Administrative involvement in
settlements complicates the overall Special Master system and its administration.
Adopt the Ordinance on Second Readin9.
Advisory Board Recommendation:
N/A
Financial Infotiiiation:
Source of Amount I Account Approved
Funds: 1
2
3
4
Finance Dept. Total
City Clerk's Office Legislative Tracking:
I Robert C. Middaugh
Sign-Offs:
I Department Director ~2Manager ~//~ ~ I
repealordspecrnaster2sum
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
From:
Subject:
Mayor David Dermer and Date: July 30, 2003
Members of the City Commission
Jorge M. Gonzalez~ .
City Manager .~)cv L) SECOND READING-PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 30 OF THE MIAMI
BEACH CITY CODE, SECTION 30-76(b) ENTITLED "MITIGATION", BY
PROVIDING THAT MITIGATION REQUESTS MUST BE FILED WITHIN
ONE YEAR OF THE ENTRY OF THE SPECIAL MASTER ORDER
IMPOSING THE FINE; BY DELETING THE ABILITY OF THE CITY AND
THE VIOLATOR TO AGREE TO ALLOW THE MITIGATION REQUEST BE
FILED AFTER THE ONE YEAR PERIOD HAS LAPSED; AND BY
DELETING THE REQUIREMENT OF CITY COMMISSION APPROVAL OF
MITIGATION IN EXCESS OF $100,000.00; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATIVE RECOMMENDATION
Adopt the Ordinance on Second Reading.
ANALYSIS
On April 30, 2003, the Commission enacted Ordinance No. 2003-3409. This Ordinance provided that with the
agreement of the City Administration and a party who had violated a City Code, a case involving a property lien
could be referred back to the Special Master for a mitigation hearing after the expiration of the Special
Master's one year of jurisdiction. The Ordinance further required that for any mitigation in which a fine is
reduced for more than $100,000, the City Commission's approval would be required.
The original language was submitted in an effort to reduce the number of lien settlements which were
negotiated by the Administration and to employ the Special Master services in providing a hearing for
resolution of these matters.
As the Administration has attempted to actually implement the provisions of this Ordinance, it has become
apparent that the provisions would tend to blur the respective roles and powers reserved to the Special Master
and to the City Commission respectively in City Code and State Statute. The language as adopted in the
Ordinance while accomplishing one objective of reducing the Administrative involvement in settlements
complicates the overall Special Master system and its administration.
In order to remedy this potential problem, it is recommended that the Commission repeal the Ordinance as
originally enacted and revert to the former system where any settlement for a lien in excess of $100,000 which
is entered into by the Administration requires the formal approval of the City Commission. The attached
Ordinance accomplishes the repeal and restoration of the system as it previously existed. Administratively, we
will continue to look for ways in the future in which we can simplify or expedite the lien settlement and
mitigation process.
RCM/sam
repealordspecmaster2memo
_1
.' CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE 'IS HERE~¥ givan thet public hearings will be held by the Mayor and Cif/CommisM~l of the City
Miami Beach, Ftorlda, in the Comm~ien CHarflBers, 3rd floor, City Hall, 1700 Con~ Cantor I~,
Miami Beach, Rodda, on VIMdnesday, July 30, 2003, at tHa flm~l li~ bMow, to censlde' the ~lowiAg:
. at 10:40s. m.:
' ~n Ordinance Amending C~aptor 30 Of The Miami Beach City Code, i 30-76(B) ErfdRed "MNID~", By
Providing That Mifigatiea Requests Must Oe Fd~ Within One Year Of The Entry Of The Special MA~ Order
Imposin6 The Frae; By Deleting 'The Ability Of The CH .~if The ~olator To .Agree To Allow 1Ha ~ Requeat
Be Filed After The One Year perilxJ Has lapsed; Am] By Deleting The Requirement Of City Comfl~i~aiu~ Approv~ Of
Mitigation In Excess Of $1BO,O00; Providing For Repealer, Seve~ability, Codification, Nld/Ul £ffonth/e Dar8
Inc~uiries may be directeg to the City Manager's Office at {305) 673-7010.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, R.ORIOA, AMENDING
CHAPTER 102 OF THE CI~ CODE, ENTITLED 'TAXATION"; AMENDING OMSION IV THLcRFIN, ENTTT1.CO 'TAX';
AMENDING ARTICLE V THEREIN, ENTITLED 'OCCUPATIONAL UCENSE TAX"; AMENDING SECTION 102-379 TI. IEREiN,
ENTITLED 'SCREQULE OF TAXES'; SAID AMENOMENT PROVIDING FOR AN INCREASE IN FEES ~ .~INUAU.Y
FOR OCCUPATIONAL LICENSES OF FIVE PERCENT (5%) (ROUNDED TO THE NEAREST DIXJ. AR), ~ OFI
OCTOBER 1, 2003 (~tSDAL YEAR 2003-DA); PROVIDING FOR ANOTHER FIVE PERCENT (5%) INCREASE IN
OCCUPATIONAL LICENSE FEES, EFFECTIV~ ON OCTOBER 1, 2005 (FISCAL YEAR 2005-06); RJITTHER AROR~G N~I
ANNUAL FEE CATEGORY FOR ADUI. T ENTERTAINMENT ESTARLISHMENT; AND ADDING A CI. ASSFICA1T(~I ANO AN
ANNUN. FEE CATEGORY FOR NIGHTCLUBS (OR A VERSION OF DANCEHALL LICENSE, AS CERNEO IN THE CI~S
ZONING ORDINANCE); PROVIDING FOR REPEALER, SEVERA61LITY, CODIFICATION,AND AN EFFECT~ DA'I~.
AN UBDINANCE OF THE MAYOR ANO CETY COMMiSSiON OF THE COY OF F/~AMI BEACH, FLORIDA AMENDING ORAPTTR
50 OF THE ~ CQUE, ENTITLED "FIRE PREVENTIOR ANO PROTECTION': AMENDING SECTION 50-5, ENTITLEO
'ANNUAL FIRE PREVENTIUN AND FiRE DAFE~' IN~ECTION PERMIT'; AMERDING SUB~'CTION 50-5~0) 1REREOF,
ENTfTT. EO 'FEES': RMERDINS AF~NDIX & AR REFERRED TO THEREtN: mO AMENOMENTE PROVIDING FOR
iNCREaSE IN FEES CHARGED FOR Fk~ SAFETY PERMITS OF FIFTEEN (15%) PERCENT, COMMENCING ON OCTOB[R
2003 IF~ YEAR 2003-64)~ PROVIDING FOR REP~':,ALER, SE"~.RAB~ITY, CODIFICATION, ANO AN ~:TECT1VE CATE.
at 11:10 a Jl1.:
AN ORDINANCE OF THE MAYOR ARD COY COMMISSION OF THE C~ OF M~MI BEACR, FLORIDA, AMENONiG ~
14 OF THE ~ CODE, ENTIIT.EO "6UILDINS REQUEATIONS'; AMENOW6 C~ION II TI~RE]N, ENTTILEO "PG~/JT FEES':
AMENDINO SEC'flOR 14-426 THERE~N, ENTITLED 'ANNUAL F/~L~ PERMIT": AMENDING ,~OSECTioN 14.426(3~0)
PROV~DINS FOR 'CERTIFICATE OF USE FEES"; AMENDING APPENDIX A THEREIN: SNO Ak~ENDMENT PROVIDIRD FOR AN
iNCREASE IN SAIO FEES FOR CERTIFiCATES OF USE OF TEN PETICENT (10%), EFFECTIVE ON DCTORER 1, 2003 (R$CAL
YEAR ~003-04); PROVIDINS FOR ANOTHER TEN PERCENT (10%) iNCHE.~SE, EEFECTP~E ON OCTOBER 1, 2004 ~
YEAR ~-05)~ PROVIOINS ~OR ANOTHER TEN PERCENT (10%) INCREARE, E~ECT~ OR OCTOBER 1, 2(]05 ~
YEAR ZO05-~); PROVIDING FOR REPEALER, SEVEDARIL]1Y, CODIFICATION, AND AN EF~CTfvE ~'~.
at 11:16 a.m.:
AN ORDINANCE OF THE MAYOR ANO CITY COMMIS.~ON OF THE CITY OF ld L~'J~ll BEACH, FI.ORIDA AMENDtNG
82, ENTITLED "PUBLIC F~OPERTY': ~ENDINS ~'~CLE IV THEREIN, ENTITI. EO 'USES iN FUBLIC RtGHTS-OF-WAY':
AMENDING DIVISION V 11'EREiN, ~ITITLED 'SIDEWALK CAPES"; AMEN~NG SECTK~4 82-3~3 THEREIN, ENTITLEO 'TAX
RENEWAL FEE; PENALTIES FCR t. ATE PA~ENT$ FOR RENEW~ FEE"~ FUN'i'HER AMENDING APFENDO(A TO S[CTioN
$2-383~ S~D RMENOMENT$ INCR~G THE ANNL~L FEE FOR ESTARLISIflNG ~ MAINTAiNiNG A SIDEWALK CAF~
~AD SAID FEES ARE ~ET FORTH IN APf~NDIX A) 8ADCO UFON PER SQUARE FOOT OF ~ SICEWAI.I( ~
iN.GOING THE ~ B~TWEEN TARLE$ ANO CHAIRE, TO $12.50 F~R SQUARE FOOT, COMMEH(3NO OR OCTOBER 1,
ZOO3 (I:I$~AL YEAR 2003-04): P~OVIDINS FOR AN INCREASE OF.SAIO ANNUAL FEE TO $15.00 ~.R ~ FOOT,
COMMEN(~R$ ON OCTOBER 1, 2004 ~$DAL VEAR 20DA-G5): PROV1DINS FOR REFEALE~, S~ERARILIT~,
CODIFICATION, ANO AR EI~-ECTIVE DATE
if~uifiea may be ~ to b'le F~once be~a~meflt at {30§) 673-7466.
iNTTRESTEO PAP~flE$ are i~ to appear at this mee~ng, ~ be rs~esentod by an age~ o~ to eap~ss their
in writing ad~d to the City CommJssioo, c/e the (:;~ Dierk, 17~1C~went~ Ceflter Driw, 1st Fkx~, ~ Hall,
M~mi 9each, Fldd~a 33130. Cap,es of these erdieances are ava~abie for public inspec~h3~ dorklg nermaJ ~
hours ia the C~y Clerk's Office, 1700 Conveofine Center Drive, 151Fkxx, CAy Hal~, Miami Beach, Florida 33139. This
meetm9 may he continued an~i under s~ch circumstances mldit~ueaJ legal no, co woold not he pm,~ded.
Rebed E. Fercher, C~ Clar~
Pursueat to Section 286.0105, Ha. Stot., the City hereby advises the public th&t: if a ifereea decNiea to ~ any
must eas~e b~at a verbaUm reco~d of the prsneedings 18 made, which record inClLJheS the to~ ~ ~ ~
In accordance with ~ Americans with DisaDi~tlds Act of 1990, persons needing ape~ild mcc~
por~cipate in this prscneding, or to rsqueat inRelnatian on 8cceea tor persons with disabdif~e~, or to mqueat Ilap
pJDiicatioo in acc~le tormat, o~ to request sigA language inteq~raters, sbeuld coota~ the City Cbfk'$ of 6ce
(305) 673-7411, no later ~ l~Jr ~ys pr~ to the proceeding, ff hearlflg imbeJred, contact lbe City Clerk'&
office via the Flerida Relay Serene numbers, (800) 955-8'771 ~ or/800) 055-8770 (VOICE). ~ ,~ ~, ~ ~