93-2896 Ordinance
ORDINANCE NO.
93-2896
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER
14A, ENTITLED "WASTE REMOVAL"; AMENDING SECTION 14A-31 BY
PROVIDING THAT ADMINISTRATIVE APPEALS OF CITATIONS FOR
VIOLATORS OF SECTIONS 14A-29, 14A-32 AND 14A-33 SHALL BE
DECIDED BY A SPECIAL MASTER APPOINTED AS PROVIDED IN SECTION
9B-4 OF THE MIAMI BEACH CITY CODE; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the amendment provided herein is necessary to clarify that
appeals from violators of Miami Beach City Code sections l4A-29, l4A-32
and l4A-33 shall be heard by Special Masters appointed by the Chief
special Master as provided in 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 14A-31.
That section l4A-31 of Chapter l4A of Miami Beach City Code Chapter
14A, entitled "Waste Removal" is hereby amended to read as follows:
Sec. 14A-31.
Appeal to Special Master.
Any person receiving a notice of violation pursuant to section 14A-
29 and/or notice of fine pursuant to sections 14A-32 and/or l4A-33
may request, within fifteen (15) days of receipt of said notice, 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 }ianager, to appeal the decision of the
ci ty inspector which resulted in the issuance of the notice.
Procedures and application fee for the scheduling and conduct of
said hearing shall be as provided in section 20-43 & 44 of the City
Code. Failure to appeal within the prescribed time period shall
constitute a waiver of the violator's right to an administrative
hearing. A waiver of the right to an administrative hearing shall
be treated as an admission of the violation as noticed, and
penalties may be assessed accordingly.
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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the same are hereby repealed.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.
SECTION 4.
EFFECTIVE DATE.
This Ordinance shall take effect on the
25th
day of
December
, 1993.
ATTEST:
PASSED and ADOPTED this 15th
December
: 1993;;1",
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COMMISSION MEMORANDUM NO:
62Lf-q3
DATE: NOVEMBER 17, 1993
TO:
FROM:
MAYOR SEYMOOR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
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LAURENCB FEINGOLD
CITY ATTORNEY
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 follow 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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