BIE - Continuance for Violator (03/21/2024)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
MEETING DATE:
SUBJECT:
Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager ~~ -{Jr
April 3, 2024
BUSINESS IMPACT ESTIMATE FOR:
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," BY
AMENDING ARTICLE Ill, ENTITLED "ENFORCEMENT PROCEDURE,"
BY AMENDING SECTION 30-72 THEREOF, ENTITLED "CONDUCT OF
HEARINGS," BY CREATING SUBSECTION (C) ALLOWING ONLY ONE
CONTINUANCE FOR THE CITY AND ONE CONTINUANCE FOR THE
ALLEGED VIOLATOR EXCEPT IN EXCEPTIONAL CIRCUMSTANCES;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
Yes □No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;
□The proposed Ordinance relates to the issuance or refinancing of debt;
□The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
□The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
□The proposed Ordinance is an emergency ordinance;
□The Ordinance relates to procurement; or
□The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
B u s in e s s Im p a c t E s tim a t e
P a g e 2
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041 ( 4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach, that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible, and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance, because it merely codifies existing Special Magistrate procedures.
14. Additional comments: None.
MIABA/BEACH
City of Miami Beach, I70O Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Ratael A Paz., ciy Atomey (9
FIRST READING
DATE: March 13, 2024
SUBJECT: 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," BY AMENDING ARTICLE 111,
ENTITLED "ENFORCEMENT PROCEDURE," BY AMENDING SECTION 30-72
THEREOF, ENTITLED "CONDUCT OF HEARINGS," BY CREATING
SUBSECTION (C) ALLOWING ONLY ONE CONTINUANCE FOR THE CITY
AND ONE CONTINUANCE FOR THE ALLEGED VIOLATOR EXCEPT IN
EXCEPTIONAL CIRCUMSTANCES; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
At the request of the sponsor, Commissioner Laura Dominguez, this proposed ordinance
is presented to the Mayor and City Commission for your consideration on first reading.
The enforcement of the provisions of the Code of the City of Miami Beach is a priority of
the Mayor and City Commission. Efficient, speedy, and just resolution of City Code
violations heard before the City's special magistrates is an indispensable component of
achieving this priority.
Multiple continuances of hearings before the City's special magistrates frustrates this goal
and leads to inefficient, late, and unjust resolution of City Code violations.
The pro posed ordinance facilitates timely resolution of matters heard before the City's
special magistrates by limiting continuances that may be granted by the special
magistrates to a maximum of one continuance to the alleged violator and one continuance
to the city, each for good cause shown. Moreover, subsequent motions for continuance
would be denied except in the most exceptional circumstances when the movant has
shown, through sworn testimony accompanying the motion, that fundamental due
process would be denied if the subsequent continuance was not granted.
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O RDI NA NCE NO.
A N ORDINA NCE O F THE M AYOR AND CO MMISSIO N OF THE CIT Y
O F M IAMI BEACH, FLO RIDA, AMENDING CHAPTER 30 OF THE
M IA MI BEACH CIT Y CO DE, ENTIT LED "CO DE ENFORCEMENT,"
BY A MENDING ARTICLE 111 , ENTITLED "ENFO RCEMENT
PROC EDURE," BY AMENDING SECTI O N 30-72 THEREOF,
ENTITLED "CO NDUCT O F HEA RING S," BY CREATING
SUBSECTION (C) ALLOW ING ONLY ONE CONTINUANCE FOR
THE CITY AND O NE CO NTINUA NCE FO R THE ALLEG ED
VIO LATO R EXCEPT IN EXCEPTI O NAL CIRCUMSTANCES; AND
PR O VIDING FOR REPEALER, SEVERA BILI TY, CO DIFICATION,
A ND AN EFF ECTIVE DATE.
W HEREAS, enfo rcem ent of the provisions of the C ode of the C ity of M iam i Beach is a
priority of the M ayor and C ity C om m ission; and
W HER EAS, eff icient, speedy, and just resolution of C ity Code violations heard befo re the
C ity's spe cia l m agistra tes is an indispensable com ponent of achieving this priority; and
W HEREAS, m ultiple continuances of hearings befo re the C ity's speci al m agistrates
frustrates this goal and leads to inefficient, late, and unjust resolution of C ity C ode violations; and
W HER EAS, the M ayor and C ity Com m ission desire to faci litate tim ely resolution of
m a tters he ard before the C ity's special m agistrates by lim iting continuances that m ay be gra nted
by the spe cia l m agistrates to a m axim um of one continuance to the alleged violator and one
con tinu a nce to the city, each fo r good cause show n; and
W HEREAS, the M ayor and C ity Com m ission future desire to codify that subsequent
m otio n s fo r continuance shall be denied except in the m ost exceptional circum stances w hen the
m o va n t has show n, thro ugh sw orn testim ony accom panying the m otion, that fundam ental due
pro cess w ould be denied if the subsequent continuance was not gra nted.
NO W THEREFORE, BE IT ORDAINED BY THE MAYO R AND CIT Y COMMISSION OF
THE CIT Y O F M IA M BEACH, FLORID A:
SEC TIO N 1. T hat Section 30-72 of A rticl e Ill of Chapter 30 of the C ity Code, entitled "C onduct of
hearin gs," is he reby am ended to state as fo llow s:
CHA PTER 30 - COD E ENFORC EMEN T
k k *
ARTIC LE II. - EN FORC EM ENT PRO CEDURE
k * *
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Sec. 30-72. - Conduct of hearings.
(a ) U pon request of the code inspector or at such other tim es as m ay be necessary, the
special m agistrate m ay call hearings. The special m agistrate at any hearing m ay set
a future hearing date. The special m agistrate shall attem pt to convene no less
fr equently than once every m onth but m ay m eet m ore or less often as the dem and
necessitates. M inutes shall be kept of all hearings, and all hearings shall be open to
the public. The city m anager shall pro vide clerical and adm inistrative personnel as
m a y be reasonably required fo r the proper perform ance of the special m agistrate's
duties. If the local govern ing body prevails in pro secuting a case befo re the special
m a gistrate, it shall be entitled to recover all costs and fe es incurred in prosecuting
the case befo re the special m agistrate, including, but not lim ited to, costs fo r
enfo rcem ent, inspections, preparation of enfo rcem ent reports, photogra phs, testing,
m o nitoring, title search, postage, serv ice of notice and or orders, translator,
au dio/video of pro ceeding, recordings, adm inistrative and cl erical costs, special
m agistrate fees as appro ved by a resolution of the city com m ission, and hearing
fa cility costs; such costs and fees m ay be included in the lien authorized under F.S.
§ 16 2.09(3).
(b) Except as provided in articl e II of this chapter, the special m agistrate shall pro ceed
to hear the cases on the agenda fo r that day and shall take testim ony from the code
in spector and alleged violator. A ll testim ony shall be under oath and shall be
recorded. Form al rules of evidence shall not apply, but fundam ental due pro cess
sh all be observed and shall govern said proceedings.
(_g_} M otions fo r continuance shall be fil ed with the clerk of the special m agistrate. The
spe cial m agistra te m ay grant a m axim um of one continuance to the alleged violator
and one continuance to the city, each fo r good cause show n. Subsequent m otions
fo r continuance shall be denied except in the m ost exceptional circum stances when
the m ovant has show n, thro ugh sw orn testim ony accom panying the m otion, that
fun dam ental due pro cess w ould be denied if the subsequent continuance was not
granted.
(c) (d) At the concl usion of the hearing, the special m agistrate shall issue findings of fact
ba sed on evidence and conclusions of law and shall issue an order affording the
proper relief consistent w ith the pow ers granted herein. The order m ay incl ude a
no tice that it m ust be com plied w ith by a speci fied date, and that a fine m ay be
im posed if the order is not com plied with by that date, and, under the conditions
spe cified in section 30-74, th e cost of repairs m ay be included along w ith the fine if
the order is not com plied w ith by the specified date. A certified copy of such order
m ay be recorded in the public records of the county and shall constitute notice to
an y subsequent purchasers, successors in interest, or assigns if the violation
co ncern s real property, and the findings therein shall be binding upon the violator
and, if the violation concern s re al property, upon any subsequent purchases,
su ccessors in interests, or assigns. If an order is recorded in the public records
pu rsuant to this section and the order is com plied w ith by the date specified in the
orde r, the special m agistrate shall issue an order acknow ledging com pliance that
sha ll be recorded in the public records. A hearing is not require d to issue such an
orde r acknow ledging com pliance.
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SECTION 4. REPEALER.
A ll ordinances or parts of ordinances and all section and parts of sections in conflict
he rew ith be and the sam e are hereby repealed.
SECTION 6. SEVERABILITY.
If any section, subsection, cl ause, or pro vision of this O rdinance is held invalid, the
rem ainde r sha ll not be aff ected by such invalidity.
SECTION 5. CODIFICATION.
It is the intention of the C ity C om m ission, and it is hereby ordained that the provisions of
this ordinance shall becom e and be m ade part of the C ode of the C ity of M iam i Beach as
am ended ; that the sections of this ordinance m ay be renum bered or relettered to accom plish such
intention; and that the w ord "ordinance" m ay be changed to "section" or other appro priate w ord.
SECTION 4. EFF ECTIVE DA TE.
T his O rdinance shall take effect ten days fo llow ing adoption.
PASSED and ADO PTED this day of 2 024.
ATTEST:
Steven M einer, M ayor
R afae l E. G ra na do, C ity C lerk
U nderline denotes new language
Strikethro ug h de notes rem oved language
(S ponso red by C om m issioner Laura D om inguez)
ADrRr-
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