Resolution 2024-32872 RESOLUTION NO.I 2024-32872
A RESOLUTION BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA RELATING TO SPECIAL
MAGISTRATE HEARINGS INVOLVING PROPERTIES WITH MULTIPLE
FOLIOS, AND DIRECTING THE CITY CLERK AND ADMINISTRATION,
FOR THOSE PROPERTIES THAT HAVE MULTIPLE FOLIO NUMBERS,
TO POST A NOTICE OF HEARING AT THE SUBJECT PROPERTIES AT
LEAST TEN (10) DAYS PRIOR TO THE SCHEDULED HEARING, IN
ADDITION TO THE NOTICE PROVIDED VIA CERTIFIED MAIL
PURSUANT TO SECTION 162.12, FLORIDA STATUTES, IN ORDER TO
REDUCE DELAYS ASSOCIATED WITH THE SPECIAL MAGISTRATE'S
CONTINUANCE OF HEARINGS DUE TO INSUFFICIENT SERVICE.
WHEREAS, section 162.12, Florida Statutes provides for alternative methods for
providing notice to the alleged violator by either certified mail to the address listed in the
tax collector's office for tax notices or to the address listed in the county property
appraiser's database; and
WHEREAS, for property owned by a corporation, notice may be sent by certified
mail to the registered agent of the corporation; and
WHEREAS, section 162.12(1)(a), Florida Statutes further provides that if notice
sent by certified mail is not signed as received within 30 days after the postmarked date
of mailing, notice may be provided by posting a notice of hearing at the subject property,
at least 10 days prior to the hearing; and
WHEREAS, the posting of the notice of hearing, and the filing of the confirmation
of posting by the code compliance officer or inspector prior to the scheduled hearing, is
the strongest form of notice that may be provided under applicable law; and
WHEREAS, there are numerous properties within the City that have not been
unified by either a Unity of Title or a Covenant in Lieu of a Unity of Title, and each parcel
maintains its own folio number as assigned by the tax collector's office; and
WHEREAS, properties with multiple folios are often owned by different entities,
individual or corporate; and
WHEREAS, the operation and ownership of properties consisting of multiple folios
often creates notice issues for purposes of scheduling special magistrate hearings,
resulting in cases being continued by the special magistrates due to a claim that service
to the respective address listed for the relevant folios was not provided; and
WHEREAS, the Mayor and ..City Commission desire to direct the City Clerk and
City Administration to post a notice of hearing consistent with this Resolution, as it is in
•
the City's best interests to reduce continuances of special magistrate cases, and to
resolve code violation matters as expeditiously as possible.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby direct the City Clerk and Administration, for those properties that
have multiple folio numbers, to post a Notice of Hearing at the subject properties at least
ten (10) days prior to the scheduled hearing, in addition to notice provided via certified
mail pursuant to Section 162.12, Florida Statutes, in order to reduce delays associated
with the'Special Magistrate's continuance of hearings due to insufficient service.
PASSED and ADOPTED this 31 day of 7 r0"u47 , 2024.
ATTEST:
FEB 0 6 2024 Steven Meiner, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner David Suarez)
Co-Sponsored by Commissioner Laura Dominguez
i3 ...
APPROVED AS TO
,_v c'S-'` FORM&LANGUAGE
1 &FOR EXECUTION
INCOKP OKAYED,'• I
City AttorneyC Date
2
Resolutions-C7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: January 31, 2024
SUBJECT:A RESOLUTION BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA RELATING TO SPECIAL MAGISTRATE
HEARINGS INVOLVING PROPERTIES WITH MULTIPLE FOLIOS, AND
DIRECTING THE CITY CLERK AND ADMINISTRATION, FOR THOSE
PROPERTIES THAT HAVE MULTIPLE FOLIO NUMBERS, TO POST A
NOTICE OF HEARING AT THE SUBJECT PROPERTIES AT LEAST TEN
(10) DAYS PRIOR TO THE SCHEDULED HEARING, IN ADDITION TO THE
NOTICE PROVIDED VIA CERTIFIED MAIL PURSUANT TO SECTION
162.12, FLORIDA STATUTES, IN ORDER TO REDUCE DELAYS
ASSOCIATED WITH THE SPECIAL MAGISTRATE'S CONTINUANCE OF
HEARINGS DUE TO INSUFFICIENT SERVICE.
BACKGROUND/HISTORY
Was Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? _Yes X No
If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
The proposed Resolution was prepared at the request of the sponsor, Commissioner David
Suarez.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a "Residents Right Does this item utilize G.O.
to Know"item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Page-470 of 2002
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner David Suarez
ATTACHMENTS:
Description
o Resolution
Page 471 of 2002