Ordinance 2022-4525 ORDINANCE NO. 2022-4525
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 30 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED"CODE ENFORCEMENT," BY AMENDING
SECTION 30-36 THEREOF, ENTITLED "APPOINTMENT OF CHIEF SPECIAL
MAGISTRATE," TO AUTHORIZE THE CITY COMMISSION TO RATIFY THE
APPOINTMENT OF SPECIAL MAGISTRATES, AND TO ESTABLISH A CITY
OF MIAMI BEACH RESIDENT PREFERENCE FOR CANDIDATES SEEKING
APPOINTMENT AS THE CHIEF SPECIAL MAGISTRATE, OR AS A SPECIAL
MAGISTRATE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach (the "City") are
charged with protecting the public health, safety, and welfare of the residents and visitors of the
City; and
WHEREAS, Special Magistrates serve to expeditiously and economically adjudicate
violations of the City of Miami Beach's Code of Laws and Ordinances (the "City Code"); and
WHEREAS, recent observations and complaints by City residents and others have
prompted certain necessary modifications to the Special Magistrate process; and
WHEREAS, the amendments set forth in this Ordinance are necessary to accomplish all
of the above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 30-36 of Article II of Chapter 30 of the Code of the City of Miami Beach
is hereby amended as follows:
CHAPTER 30
CODE ENFORCEMENT
* * *
ARTICLE II. SPECIAL MAGISTRATES
Sec. 30-36. —Appointment of chief special magistrates.
(a) Upon prior recommendation of the city manager, the city commission by a majority vote
may appoint a chief special magistrate, 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 magistrate 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 magistrate. The chief special magistrate shall also be
authorized to appoint, upon ratification by a majority vote of the city commission, such
other special magistrates as may reasonably be required to conduct the necessary
hearings. Each special magistrate appointed shall have the knowledge, skills and abilities
to perform as a special magistrates.
(b) With the exception of any special magistrate serving as of October 26, 2022, upon
consideration of future candidates for appointment as the chief special magistrate, or as
a special magistrate, preference shall be given to residents of the City of Miami Beach.
For a period of five years after leaving city service. no member of the city commission shall
be eligible for appointment or to serve as the chief special magistrate, or as a special
magistrate, for the city.
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, clause 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 Miami
Beach City Code. 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 o?G day of ✓l2022.
PASSED AND ADOPTED this /G day of il/ogeolber , 2022.
ATTEST:
Dan Gelber, Mayor
Rafael efGranado, City Clerk
Underline denotes additions
Strikethceugh denotes deletions
Double underline denotes additions after first reading
denotes deletions after first reading
(Sponsored by Commissioner Steven Meiner, Vice-Mayor Alex J. Fernandez, and Commissioner
Kristen Rosen Gonzalez) APPROVED AS TO
FORM &LANGUAGE-
2 & OR EXECUTION
1 16-2 Z
City Attorney,%YIl l Date
Ordinances-R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: November 16, 2022
10:10 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 30 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "CODE ENFORCEMENT," BY
AMENDING SECTION 30-36 THEREOF, ENTITLED "APPOINTMENT OF
CHIEF SPECIAL MAGISTRATE," TO AUTHORIZE THE CITY COMMISSION
TO RATIFY THE APPOINTMENT OF SPECIAL MAGISTRATES, AND TO
ESTABLISH A CITY OF MIAMI BEACH RESIDENT PREFERENCE FOR
CANDIDATES SEEKING APPOINTMENT AS THE CHIEF SPECIAL
MAGISTRATE, OR AS A SPECIAL MAGISTRATE; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
The proposed Ordinance, which is sponsored by Commissioner Steven Meiner, Vice-Mayor
Alex J. Fernandez, and Commissioner Rosen Gonzalez is submitted for consideration by the
Mayor and City Commission upon First Reading at the October 26, 2022 City Commission
meeting after having received a unanimous, favorable recommendation from the Public Safety
and Neighborhood Quality of Life Committee at its October 19,2022 meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O,
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Page 952 of 1416
Office of the City Attorney
Sponsor
Commissioner Steven Meiner, Vice-Mayor Alex Fernandez, and Commissioner Kristen Rosen
Gonzalez.
ATTACHMENTS:
Description
o Ordinance
Page 953 of 1416