C4E-Ref- NCAC - Provide Alternative Enforcement Means For Certain Provisions~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
DATE: February 8, 2012
SUBJECT: REFERRAL TO THE NEIGHBORHOODS/COMMUNITY AFFAIRS
COMMITTEE -DISCUSSION REGARDING AMENDING THE CITY CODE TO
PROVIDE FOR ALTERNATIVE ENFORCEMENT MEANS AND ESTABLISH
A FIXED FINE SCHEDULE FOR CERTAIN PROVISIONS.
ADMINISTRATION RECOMMENDATION
Refer the matter to the Neighborhoods/Community Affairs Committee ("Committee") for
discussion.
BACKGROUND
Recent amendments to the City's Code of Ordinances relating to particular violations
enforced by the Code Compliance Division have included a set fine schedule, where the
fines are specifically outlined in the Code for each violation. This allows the alleged
violator to know the amount of the fine and provides a set period of time for payment or
appeal to the Special Master. This also provides a mechanism to promote compliance in
a more timely manner. Alternatively, many typical "quality of life" violations are currently
subject to Chapter 30 for compliance, which means that a case must be set before the
Special Master for adjudication. The result can include, for example, different fines
imposed for identical violations, as well as delays in achieving compliance. Additionally,
this also results in heavy Special Master caseloads, which impacts staff resources (as
staff must attend).
In addition, the Administration has also identified provisions in the City Code that are
currently being enforced by the Police Department, but where it may be preferable for
Code Compliance Officers to have authority to enforce. An example is the City Code
prohibiting bicycles on the Board Walk.
The Administration recommends a referral to the Neighborhoods/Community Affairs
Committee for discussion of amendments to Chapter 30 to provide for a standardized
fine/penalty schedule, which may be applied to certain code violations, as well as
whether to change who should be authorized to enforce certain code provisions.
JMStsstKTtRsA
T:\AGENDA\2012\2-8-12\Referral-Established Fine Schedule and Alternative EnforcemeiY ·
Agenda Item C.. 'IE
65
Date :1-%-lb
THIS PAGE INTENTIONALLY LEFT BLANK
66