Ordinance 2024-4633 ORDINANCE NO. 2024-4633
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 III, 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.
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 III. ENFORCEMENT PROCEDURE
* * *
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Sec. 30-72. Conduct of hearings.
(a) Upon request of the code inspector or at such other times as•may be necessary, the
special magistrate may call hearings. The special magistrate at any hearing may set
a future hearing date. The special magistrate shall attempt to convene no less
frequently than once every month but may meet more or less often as the demand
necessitates. Minutes shall be kept of all hearings, and all hearings shall be open to
the public. The city manager shall provide clerical and administrative personnel as
may be reasonably required for the proper performance of the special magistrate's
duties. If the local governing body prevails in prosecuting a case before the special
magistrate, it shall be entitled to recover all costs and fees incurred in prosecuting
the case before the special magistrate,. including, but not limited to, costs for
enforcement, inspections, preparation of enforcement reports,photographs, testing,
monitoring, title search, postage, service of 'notice and or orders, translator,
audio/video of proceeding, recordings, administrative and clerical costs, special
magistrate fees as approved by a resolution of the city commission, and hearing
facility costs; such costs and fees may be included in the lien authorized under F.S.
§ 162.09(3). .
(b) Except as provided in article II of this.chapter, the special magistrate'shall:proceed
to hear the cases on the agenda for that day and shall take testimony from the code
inspector and alleged violator. All.testimony shall be under oath and shall be
recorded. Formal rules of evidence shall not apply, but fundamental due process
shall be observed and shall govern said proceedings. .
(c) Motions for continuance shall be filed with the clerk of the special magistrate. The
special magistrate may grant a maximum of one continuance.to the alleged violator
and one continuance to the city, each for good cause shown. Subsequent motions
for continuance shall 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.
Any owner or authorized representative may request a .hearing to seek an
extension of the timeframe for compliance set forth in an.order of the special
magistrate. Any such request must be in writing directed to the clerk of the special
magistrate. The special magistrate shall not be authorized to extend any deadline
for compliance set forth in a prior order unless the clerk of the special magistrate
receives a written request for the extension prior to the deadline specified in the
.initial order. The special magistrate shall not grant more than one extension of time
for compliance to the initial order 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 request for more time was not
granted:
(d•)() At the conclusion of the hearing, the special magistrate shall issue findings of fact.
based on evidence and conclusions of law and shall issue an order affording the
proper relief consistent with the powers granted herein. The order may include a
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notice that it must be complied with by a specified date; and that a fine may be
imposed if the order is not complied with by that date, and, under the conditions
specified in section 30-74, the cost of repairs may be included along with the fine if
the order is not complied with by the specified date. A certified copy of such order
may 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
concerns real property, and the findings therein shall be binding upon the violator
and, if the violation concerns 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 complied with by the date specified in the
order, the special magistrate shall issue an order acknowledging compliance that
shall be recorded in the public records. A hearing is not required to issue such an
order acknowledging compliance.
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 a day of JO/ , 2024.
ATTEST:
/ JUL3 0 •2024 Steven Meiner, Mayor
kI"',.'
Rafael E. Granado, City Clerk ='�h'' tip'' APPROVED AS TO.FORM & LANGUAGE
RIRCORPTOWED') - & FOR EXECUTION
Underline denotes new language a • k
Strikethrough denotes removed language *?6= 6/Jjzez
e 7 F
(Sponsored by Commissioner Laura Dominguez) onyAteorneyA, Date
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Ordinances R5 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: July 24, 2024 11:05 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OP 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 III, 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.
ANALYSIS
At the request of the sponsor, Vice Mayor Laura Dominguez, this proposed ordinance is
presented to the Mayor and City Commission for your consideration.
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 requests to extend compliance dates frustrates this goal and leads to inefficient, late, and
unjust resolution of City Code violations.
The proposed legislation amends City Code Sec. 30-72 by adding subsection (d) to codify 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.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
The Business Impact Estimate(BIE)was published on 7/5/2024. See BIE at:
https:l/www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
Applicable Area
Citywide
Page 989 of 1750
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project? •
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s)and principal(s)
Department
City Attorney
Sponsor(s)
Commissioner Laura Dominguez
Co-sponsor(s)
•
Page 990 of 1750