BIE - Code Enforcement (07/05/2024)MIAM I BEACH
City of Miami Beach, 1700 Convention Center Drive. Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Rickelle Williams, Interim City Manager f(u)
MEETING DATE: July 24, 2024
SUBJECT: 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 (D) ALLOWING ONLY ONE
EXTENSION OF TIME TO EXTEND A COMPLIANCE DATE;
AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 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 11 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
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page2
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.
14. Additional comments: None.
O rd in a n c e s - R 5 K
M IA M I BEACH
COMMISSION MEMORANDUM
T O : Honorable M ayor and Mem bers of the City Com m ission
FR O M : City Attorn ey Ricard o J. Dopico
DA TE:
T ITLE:
June 26, 2024 First R eading
AN ORD INANCE O F THE M AYO R AN D CO M M ISSIO N O F THE CITY O F MIAM I
BEACH , FLO RID A, AM END IN G CHAPTER 30 O F THE MIAMI BEAC H CITY CO D E,
ENTIT LED "C O DE EN FOR CEM EN T," BY AM EN D ING ARTIC LE Ill, EN TITLED
"EN FO R CEM EN T PR O C ED URE," BY AM EN D IN G SECTI ON 30-72 TH ERE OF ,
ENTITLED "C O NDUC T OF HEARIN G S," BY CREATIN G SU BSECTI ON (D )
ALLO W ING O N LY O NE EXTEN SIO N O F TIM E TO EXTEN D A CO M PLIANC E
D AT E; AND PR O VIDIN G FO R REPEALER, SEVER ABILI TY, CO DIFICATIO N , AN D
AN EFFECT IVE D AT E.
ANALYSIS
A t the request of the sponsor, Vice M ayor Laura D om inguez, this proposed ordinance is
presented to the M ayor and City Com m ission fo r your consideration on first reading.
The enfo rcem ent of the pro visions of the C ode of the City of M iam i Beach is a priority of the Mayor
and C ity com m ission. Effi cient, speedy, and just resolution of City Code violations heard befo re
the City 's speci al magistra tes is an indispensable com ponent of achieving this priority.
Multiple requests to extend com pliance dates frustrates this goal and leads to ineffi cient, late, and
unjust resolution of City Code violations.
The pro posed legislation am ends City Code Sec. 30-72 by adding subsection (d) to codify to
codify that after an initial request fo r an extension of tim e is heard and gra nted by the special
m agistrate, a subsequent request fo r an ext ension of tim e to extend a previously extended
com pliance date shall be denied by the special m agistrate.
FISCAL IMPACT STATEMENT
N/A
Applicable Area
Cityw ide
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
Y es N o
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec.2.481,
includes a principal engaged in lobbying? N o
If so, specify the nam e of lobbyist(s) and princi pal(s):
D e p a rt m e n t
C ity A tt o rn e y
Sponsor(s)
Commissioner Laura Dominguez
Co-sponsor(s)
O R D IN A N C E N O . _
A N O R D IN A N C E O F T H E M A Y O R A N D C O M M IS S IO N O F T H E C ITY
O F M IA M I B EA C H , F L O R ID A , A M E N D IN G C H A P T E R 3 0 O F T H E
M IA M I B E A C H C ITY C O D E , E N T IT L E D "C O D E E N F O R C E M E N T ,"
B Y A M E N D IN G A R T IC L E 111 , E N T IT L E D "E N F O R C E M E N T
P R O C E D U R E ," B Y A M E N D IN G S E C TI O N 3 0 -7 2 TH E R E OF ,
E N T IT L E D "C O N D U C T O F H EA R IN G S ," B Y C R E A T IN G
S U B S E C T IO N (0 ) ALLOWING ONLY ONE EXTENSION OF TIME TO
EXTEND A COMPLIANCE DATE; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, enforcement of the provisions of the Code of the City of Miami Beach is a
priority of the Mayor and City Commission; and
WHEREAS, efficient. speedy, and just resolution of City Code violations heard before the
City's special magistrates is an indispensable component of achieving this priority; and
WHEREAS, multiple requests for extension of time to extend a compliance date of a prior
order of the special magistrate frustrates this goal and leads to inefficient. late, and unjust
resolution of City Code violations; and
WHEREAS, the Mayor and City Commission desire to facilitate timely resolution of
matters heard before the City's special magistrates by limiting requests to extend a compliance
date set by a prior order of the special magistrate that may be granted by the special magistrates
to a maximum of one request for an extension of time to extend a compliance date set by a prior
order of the special magistrate; and
WHEREAS, the Mayor and City Commission future desire to codify that after an initial
request for an extension of time is heard and granted by the special magistrate, a subsequent
request for an extension of time to extend a previously extended compliance date shall be denied
by the special magistrate.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM BEACH, FLORIDA:
SECTION 1. That Section 30-72 of Article Ill of Chapter 30 of the City Code, entitled "Conduct of
hearings," is hereby amended to state as follows:
CHAPTER 30. CODE ENFORCEMENT
* * *
ARTICLE Ill. ENFORCEMENT PROCEDURE
* * *
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S e c. 3 0 -7 2 . C o n d u c t o f h e a rin g s .
(a ) U p on request of the code inspector or at such other tim es as m ay be necessary , the
spe cia l m ag istrate m a y ca ll hearings. T he special m agistrate at any hearing m ay set
a future he a ring date. T he special m agistrate shall att em pt to convene no less
fr eq ue ntly th a n once every m onth but m ay m eet m ore or le ss often as the dem and
ne ce ssitate s. M inutes shall be kept of all he arings, and all hearings shall be open to
the pu blic. T he ci ty m a nager shall provide clerica l and adm inistrative pers onnel as
m ay be rea so nably required for the proper perf orm ance of the special m agistrate's
duties. If the loca l go vern ing body prevails in pro secuting a case befo re the special
m a gistrate, it sha ll be entitled to recover all costs and fees incurred in prosecuting
the ca se be fo re the special m agistrate, including , but not lim ited to, costs fo r
enfo rce m e nt, in spe ct io ns, preparation of enfo rcem ent report s, photographs, testing ,
m onito ring , title sea rch, postage, se rv ice of notice and or orders, translator,
au d io/vid eo of proceeding, reco rdings, adm inistrative and cle rical costs, special
m a g istrate fe e s as appro ved by a resolutio n of the ci ty com m ission, and hearing
facility co sts; su ch costs and fees m ay be incl uded in the lien authorized under F.S .
$162.093)
(b ) Ex ce pt as pro vide d in art icle II of this chapter, the special m agistrate shall proceed
to he ar the case s on the agenda for that day and sha ll take testim ony from the code
inspe cto r and alle g ed violator. A ll testim o ny shall be under oath and shall be
re corde d . Fo rm al rules of evidence shall not apply, but fundam ental due process
sha ll be ob se rv e d an d shall govern said proceedings.
(c ) M ot ion s fo r con tin uance shall be filed w ith the clerk of the special m agistrate. The
spe cial m ag istrate m a y grant a m axim um of one continuance to the alleged violator
and one co ntin uance to the city , each fo r good cause show n. S ubsequent m otions
fo r co ntin ua nce sha ll be denied except in the m ost exceptio nal ci rcum stances w hen
the m ovan t ha s sho w n, through sw orn testim o ny accom panying the m otion, that
fund am e ntal due process w ould be de nied if the subseque nt continuance w as not
gran te d.
(d) An y ow ne r or authorized representative m ay request a hearing to seek an
exten sio n of th e tim e fr am e fo r com pliance set fo rth in an order of the special
m agistrate . A ny su ch request m ust be in w riting directed to the clerk of the special
m a gistrate . T he sp ecial m agistrate shall no t be autho rized to extend any deadline
fo r co m plian ce se t fort h in a prio r order un less the clerk of the special m agistrate
re ceive s a w ritt e n req uest fo r the extensio n prior to the deadline specified in the
in itia l orde r. T h e sp eci al m agistrate shall no t grant m ore than one extension of tim e
fo r com p lian ce to the initial orde r except in the m ost exceptio nal circum stances
w he n the m ova nt ha s show n. through sw orn testim o ny accom panying the m otion,
tha t funda m e nta l du e process w ould be den ied if the request fo r m ore tim e w as not
gran ted.
(d) (e] A t th e co n cl usion of the hear ing . th e spe ci al m agist rate shall issue fin di ng s of fact
ba se d on evid ence an d conclusio ns of law and shall issue an order aff ording the
pro per re lief consiste nt w ith the pow ers granted he rein. T he order m ay incl ude a
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notice that it m ust be co m plied with by a specified date, and that a fine m ay be
im posed if the order is not com plied w ith by that date, and, under the conditions
specified 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 with 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
any subsequent purchasers, successors in interest. or assigns if the violation
concern s real property , and the findings therein shall be binding upon the violator
and, if the violation concern s real property, upon any subsequent purchases,
successors in interests, or assigns. If an order is recorded in the public records
pursuant to this section and the order is com plied w ith by the date specified in the
order, the special m agistrate shall issue an order acknow ledging com pliance that
shall be recorded in the public records. A hearing is not required to issue such an
order acknow ledging com pliance.
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 6. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. CODIFICATION.
It is the intention of the City Commission, 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 as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of,2024
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk AP!· '/ADAS TO
FORM &8 LANGUAGE
& FOR EXECUTION
Underline denotes new language
Strikethrough denotes removed language
(Sponsored by Commissioner Laura Dominguez)
Le
Cly Attorney
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