93-2841 Ordinance
ORDINANCE NO.
93-2841
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS",
AMENDING SECTION 25-126, ENTITLED "PENALTY" BY
ESTABLISHING ENFORCEMENT PROCEDURES FOR
SECTIONS OF CHAPTER 2 5 WHICH PROVIDE FOR A
CIVIL PENALTY, PROVIDING THAT FINES IMPOSED
PURSUANT TO THOSE PROCEDURES SHALL CONSTITUTE
LIENS WHICH MAY BE FORECLOSED: PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Miami Beach city Code Chapter 25, relating to
miscellaneous offenses contains some sections which provide for
civil penalties for violations; and
WHEREAS, it is anticipated that some future amendments to
Chapter 25 may provide for civil penalties for violations; and
WHEREAS, Section 25-126 which relates to penalties for
violations of Chapter 25 needs to be updated to provide procedures
for civil enforcement of such violations.
NOW, THEREFORE, BE IT ORDAINED BY THE 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 is
entitled "Offenses--Miscellaneous" is hereby amended to read as
follows:
Sec. 25-126. penalty.
lil Unless otherwise provided herein, every person, firm,
corporation, partnership, limited 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.
lQl 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 commission upon recommendation of the city
Manager thc Pii~mi Bc~ch codc Enforccmcnt Bo~rd as set forth in
Miami Beach City Code Chapter 9B, and penalties for violations of
said sections shall be as set forth therein.
lQl Except as provided in (b) above, enforcement of sections
of this chapter which provide for civil penalties shall be in
accordance with the followinq procedures:
ill If a code inspector as defined in chapter 9B of the Miami
Beach citv 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 payinq
the fine, notice that the violation may be appealed bv
requestinq an administrative hearinq 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 riqht to a hearing.
121 A violator who has been served with a notice of violation
shall elect either to:
~ Pay the civil fine in the manner indicated on the
notice; or
~ Request an administrative hearinq before a special
master appointed bY the city commission upon
recommendation of the city Manager 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 bv
administrative hearinq shall be as set forth in sections 20-43
.~l:l~." :~9'?!:~ of the Miami Beach city Code.
If the named violator after notice fails to pay the civil
fine or fails to timely request an administrative hearinq
before a special master, the special master shall be informed
of such failure by report from the code inspector. Failure of
the named violator to appeal the decision of the code
inspector within the prescribed time period shall constitute
a waiver of the violator's riqht to administrative hearinq
before a Special Master. A waiver of the riqht to an
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administrative hearinq shall be treated as an admission of the
violation and penalties may be assessed accordinqlY.
Any party aqqrieved bY the decision of a special master
may appeal that decision to a court of competent iurisdiction.
ill The city of Miami Beach may institute proceedinqs in a
court of com?etent iurisdiction to compel payment of civil
fines. A certified COpy of an order imposinq a civil fine may
be recorded in the public records and thereafter shall
constitute a lien upon any other real or personal property
owned bY the violator and it may be enforced in the same
manner as a court iudqment bY the sheriffs of this state,
includinq levy aqainst the personal property. but shall not be
deemed to be a court iudqment except for enforcement purposes.
After two (2) months from the filinq of any such lien which
remains unpaid. the city of Miami Beach may foreclose or
otherwise execute on the lien.
section 2.
Severability.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
section 3.
Repealer.
That all Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
section 4.
Effective Date
PASSED and ADOPTED this 21st
(10) days after it
This Ordinance shall take
adoption.
April
, 1993.
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ATTEST:
I
CITY CLERK
1st reading 4/8/93
2nd reading 4/21/93
SWS:scf:\disk3\penalty.ord
fORM APPROVED
L~()EPT.. ~
BY\-,/~~ t2if
Date SW~' i.1 ~ IS- 'i ")
3
OFFICE OF THE CITY ATTORNEY
~ rlJIdomi 1JeuM
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LAURENCE FEINGOLD POBOX 0
CITY ATTORNEY MIAMI BEACH. FLORIDA 33119-2032
TELEPHONE (305) 673-7470
TELECOPY (305) 673-7002
COlOlI88IOII 1WI0lWmUX 110: ~ G, 7-9 3
DATB: APRIL 8, 1993
8UBJBCT:
KAYOR 8BYMOUR GBLBBR
MBMBBRB OF TBB CITY COlOlI88IOII
CITY MAlIAGBR ROGBR M. CARLTOII
~~~::~GOLDvL ~oa1
ORDIlIAlICBRBGARDIIIG PBIIALTIB8 FOR MI8CBLLAlIBOU8 OFFBII8B8
TO:
FROM:
The attached ordinance drafted by the city Attorney's Office
amends the general penalty section of ci ty Code Chapter 25,
"Miscellaneous Offenses". Chapter 25 contains prohibitions
regarding various offenses such as burning buildings, consuming
alcohol on the beach, repairing motor vehicles on public streets,
etc. Currently, the penalty provision in Chapter 25 provides for
two types of enforcement and penal ties for the miscellaneous
offenses: 1) county court enforcement (fine not to exceed $500
and/or not more than 30 days imprisonment for a first offense and
a $1000 fine and/or up to 12 months imprisonment for a second
conviction) and 2) enforcement before a City Special Master
according to procedures set forth in City Code Chapter 9B (no fine
unless violation continues after Special Master orders it to stop -
then up to $250/day or $500/day for repeat violations). In recent
years, the City commission has passed some ordinances utilizing a
different procedure which establishes specific fines for violations
and provides procedures for appeal of the violations to a City
special master. Some of those ordinances involve subjects such as
garage sales, noise and sidewalk cafes. Because this method of
enforcement/penalty is not set out in the code, the procedures must
be specified in detail within each ordinance. This ordinance
amends the general penalty section of Chapter 25 to include as a
means of enforcement and penalty these fine/appeal procedures, so
that whenever the Commission wishes to pass future ordinances
utilizing these procedures, reference can be made to this Section
to avoid the necessity of specifying the procedures in detail in
each ordinance.
This ordinance is being sponsored by Commissioner David Pearlson.
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AGENDA _R 3 '"
ITEM --u
D~TE
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-70:' CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH FLORIDA 33139