Resolution 2021-31897RESOLUTION NO. 2021-31897
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY
ADMINISTRATION AND CITY CLERK TO IDENTIFY A PROCESS
FOR COLLECTING, TRACKING, AND REPORTING DATA FROM
SPECIAL MAGISTRATE HEARINGS, BY CATEGORY OF
VIOLATIONS, INCLUDING, WITHOUT LIMITATION, TIME PERIODS
FOR DISPOSITION OF CASES, FINES ASSESSED, AND
PERCENTAGE RATES FOR DISMISSALS AND ADJUDICATIONS.
WHEREAS, Section 162.03 of the Florida Statutes provides that a charter
county, a non -charter county, or a municipality may, by ordinance, adopt an alternate
code enforcement system that gives code enforcement boards or special magistrates
designated by the local governing body, or both, the authority to hold hearings and assess
fines against violators of the respective county or municipal codes and ordinances; and
WHEREAS, the City's code enforcement system is codified in Chapter 30 of the
City Code, entitled "Code Enforcement"; and
WHEREAS, violations under the City Code are issued by the City's regulatory
departments, including the Building Department, Fire Prevention, Code Compliance, and
the Parking Department, and appeals thereof are heard by the City's Chief Special
Magistrate and his appointed Special Magistrates; and
WHEREAS, many Special Magistrate proceedings involve appeals of violations of
standards of conduct for sidewalk cafes and businesses, unlawful short-term rentals or
use of City property without a permit, and other offenses which exist to enhance the
quality of life of residents and visitors; and
WHEREAS, it would be beneficial for the City Commission to be able review,
evaluate, and monitor the enforcement, impact, and success of its legislative efforts, in
order to assist the City Commission in performing its function; and
WHEREAS, statistics concerning the initiation and final dispositions of violations
issued by the City's regulatory departments and appealed to the Special Magistrate would
assist the City Commission in identifying policies and resources that can be utilized to
mitigate the City's concerns with quality of life, as well as ascertaining the effectiveness
of the legislation enforced by the City's regulatory departments; and
WHEREAS, in furtherance thereof, the Mayor and City Commission desire to direct
the Administration and the City Clerk to identify a process for collecting, tracking, and
reporting data from Special Magistrate hearings, including, but not limited, to the
following: nature of the appealed violations, fines assessed, time periods for disposition
of the appealed violation, and rates of dismissals and adjudications of the appealed
violations, and report back to the City Commission on its data collection efforts and
process, not later than the December 8, 2021 City Commission meeting.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby direct the City Administration to identify a process for collecting,
tracking, and reporting data from Special Magistrate hearings, by category of violations,
including, without limitation, time periods for disposition of cases, fines assessed, and
percentage rates for dismissals and adjudications.
PASSED and ADOPTED this 13 day of DG{�6 , 2021.
ATTEST:
`N/ ',DEC 2 ; T 2Q21
Rafa ranado, City Clerk
(Sponsored by Commissioner Steven Meiner)
IRCORPOwn
a
Dan Gelber, Mayor
�.II�CORP�IQRaI .'•,.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
I•Zr 7 .2
City Attomey Date
Resolutions - R7 E
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Steven Meiner
DATE: October 13, 2021
SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION
AND CITY CLERK TO IDENTIFY A PROCESS FOR COLLECTING,
TRACKING, AND REPORTING DATA FROM SPECIAL MAGISTRATE
HEARINGS, BY CATEGORY OF VIOLATIONS, INCLUDING, WITHOUT
LIMITATION, TIME PERIODS FOR DISPOSITION OF CASES, FINES
ASSESSED, AND PERCENTAGE RATES FOR DISMISSALS AND
ADJUDICATIONS.
ANALYSIS
In an effort to address code enforcement and quality of life issues in a comprehensive manner,
I have sponsored this Resolution to track and report Special Magistrate data, because statistics
concerning the initiation and final dispositions of appeals of violations to the Special Magistrate
would assist the City Commission in identifying policies and resources that can be utilized to
mitigate the City s concems with quality of life, as well as ascertaining the effectiveness of the
legislation enforced by the City s regulatory departments.
SUPPORTING SURVEY DATA
N/A.
Applicable Area
Citywide
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
No
Legislative Tracking
Commissioner Steven Meiner
ATTACHMENTS:
Does this item utilize G.O.
Bond Funds?
No
Page 673 of 1095
Description
Resolution
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