93-2893 Ordinance
ORDINANCE NO.
93-2893
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS", AMENDING
SECTION 25-126, ENTITLED "PENALTY" BY PROVIDING THAT
SPECIAL MASTERS APPOINTED AS PROVIDED IN SECTION 9B-4 OF
THE CITY CODE SHALL CONDUCT ADMINISTRATIVE HEARINGS AND
APPEALS AS PROVIDED IN SECTION 25-126; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the amendment provided herein is necessary to clarify
that administrative hearings and appeals provided for in Miami
Beach City Code Section 25-126 shall be decided by Special Masters
appointed by the Chief Special Master as provided in Miami Beach
City Code Section 9B-4.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
AMENDMENT OF SECTION 25-126.
That Section 25-126 of Miami Beach City Code Chapter 25,
entitled "Offenses-Miscellaneous is hereby amended as follows:
Sec. 25-126.
Penalty.
(a) Unless otherwise provided herein, every person, firm,
corporation, partnership, 1 imi ted partnership, association, estate,
trust or business entity which is convicted of a violation of this
chapter shall be punished by a fine not to exceed five hundred
dollars or imprisonment in the county jail for not more than thirty
days, or by both such fine and imprisonment; for a second
conviction of a violation of this division such person or entity
shall be punished by a fine not to exceed one thousand dollars or
imprisonment in the county jail not more than twelve months, or by
both such fine and imprisonment.
1Ql The provisions of section 25-61.4 through 25-61.10 shall
be enforced by enforcement procedures before a Special Master,
appointed by the City commiooion upon recommendation of the City
Manager as set forth in Miami Beach City Code Chapter 9B, and
penalties for violations of said sections shall be as set forth
therein.
(c) Except as provided in (b) above, enforcement of sections
of this chapter which provide for civil penalties shall be in
accordance with the following procedures:
(1) If a code inspector as defined in chapter 9B of the Miami
Beach city Code finds a violation of this article, said
inspector shall issue a notice of violation to the violator as
provided in chapter 9B. The notice shall inform the violator
of the nature of the violation, amount of fine for which the
violator may be liable, instructions and due date for paying
the fine, notice that the violation may be appealed by
requesting an administrative hearing within twenty (20) days
after service of the notice of violation, and that failure to
do so shall constitute an admission of the violation and
waiver of the right to a hearing.
(2) A violator who has been served with a notice of violation
shall elect either to:
a. Pay the civil fine in the manner indicated on the
notice; or
b. Request an administrative hearing before a special
master appointed as provided in section 9B-4 of
this Code by the City Commiooion upon
recommendation of the City Uanager to appeal the
decision of the code inspector which resulted in
the issuance of the notice of violation.
The procedures for appeal of the notice of violation by
administrative hearing shall be as set forth in section 20-43
and 20-44 of the Miami Beach City Code.
SECTION 2.
REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 3.
SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
2
SECTION 4.
EFFECTIVE DATE.
This Ordinance shall take effect on the
December
, 1993.
PASSED and ADOPTED this
ATTEST:
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CITY CLERK
1st reading 11/24/93
2nd reading 12/15/93
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FORM AP~VED
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25th
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, 1993.
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COMMISSION MEMORANDUM NO:
62Lf-q3
DATB: NOVEMBER 17, 1993
FROM:
MAYOR SEYMOUR GELBER
MEMBERS OP THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
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LAURENCE FEINGOLD
CITY ATTORNEY
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TO:
SUBJECT: AMENDMENT OF ORDINANCES TO ACHIEVE CONFORMITY BY
PROVIDING FOR SPECIAL MASTERS APPOINTED BY THE CHIEF
SPECIAL MASTER
Section 9B-4 of the Miami Beach City Code provides for
hearings regarding violations of City Codes and Ordinances to be
conducted by Special Masters appointed by a Chief Special Master.
The Chief Special Master is appointed by the City Commission upon
recommendation of the City Manager and City Attorney. It was the
intent that all hearings regarding violations of City Code and
Ordinances should fpllow this procedure.
The City also had several ordinances which once provided for
administrative hearings to be held by the City Manager or his/her
designee. (Those included appeals from noise, sidewalk cafe and
garbage violations and certificate of use/occupational license
denials/suspensions/revocations.) The ordinances were later
amended to provide for hearings by a special master appointed by
the City commission upon recommendation of the City Manager. The
amendments to these Ordinances were not in conformity with Section
9B-4 of the Miami Beach City Code.
By way of housekeeping, the attached amendments to those
ordinances will now provide for those administrative hearings to be
conducted by the Special Masters appointed by the City's Chief
Special Master pursuant to City Code Section 9B-4.
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