92-2807 Ordinance
ORDINANCE NO.
92-2807
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 14A, ENTITLED "WASTE REMOVAL" :
AMENDING SECTION 14A-31 WHICH PROVIDED FOR
ADMINISTRATIVE APPEALS OF CITATIONS FOR
VIOLATIONS OF SECTIONS 14A-29, 14A-32 AND 14A-
33 TO BE DECIDED BY THE CITY MANAGER OR HIS
DESIGNEE BY PROVIDING THAT HEREAFTER SAID
APPEALS SHALL BE DECIDED BY A SPECIAL MASTER
APPOINTED BY THE CITY COMMISSION, UPON
RECOMMENDATION OF THE CITY MANAGER: PROVIDING
FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, Section 14A-31 of Miami Beach city Code chapter 14A,
entitled "Waste Removal" provides that appeals from citations
issued by the city for violations of Sections 14A-29, 14A-32 and
14A-33 of said Chapter shall be heard and decided by the City
Manager or his designee; and
WHEREAS, the City Manager has recommended that said appeals be
decided by Special Masters appointed by the city Commission; and
WHEREAS, the City Commission believes that the use of Special
Masters to decide appeals from citations for certain violations of
Chapter 14A will be a just and efficient method of adjudicating
such appeals.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Section 14A-31 of the Miami Beach City Code Chapter 14A,
entitled "Waste Removal" is hereby amended to read as follows:
Sec. 14A-31.
Appeal to oi~y Manager. sDecial Kaster.
Any person receiving a notice of violation pursuant to section
14A-29 and/or notice of fine pursuant to sections 14A-32
and/or 14A-33 may request, within fifteen (15) days of receipt
of said notice, an administrative hearing before the City
}{anager a Special Master appointed by the city Commission.
upon recommendation of the city Manager. to appeal the
decision of the city 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
1
section 2 o-~ 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.
Timely filing of a notice of appeal pursuant to this section
shall toll the imposition of a lien pursuant to sections l4A-
27 or 14A-29 or enforcement procedures pursuant to section
14A-29 until thirty (30) days after the issuance of a written
determination by the ~ Manager. Special Master. Any
amounts of money due the city pursuant to said determination
must be received by the City within thirty (30) days after the
issuance of the determination or a lien shall be imposed upon
the property in violation or other enforcement or collection
procedures commenced as provided by this chapter.
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
18th
day of
October
, 1992.
PASSED and ADOPTED this 8th day
October
ATTEST:
~~ [-_..~-
CITY CLERK fa/\l"~1.--
1st reading 9/16/92
2nd reading 10/8/92
SWS:scf:\disk2\wastremv.ord
FORM APPROVED
LEGAL DEPT.
2
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Date ).", If'" If.. tf-;;L
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO.
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
~5~ -g:2-
OFFICE OF THE CITY MANAGER
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: SEPTEMBER 16, 1992
FROM:
Roger M. Gartton 0 I, J tJ . J ~
City Manager ~~
SUBJECT:
WASTE REMOVAL ORDINANCE - APPEALS TO BE BEARD BY SPECIAL
MASTER
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve the
attached Ordinance which provides that hearings regarding Waste
Removal shall be decided by a Special Master appointed by the City
Commission.
BACKGROUND:
The Ordinance provides that hearings regarding Waste Removal be
conducted by a special Master appointed by the City Commission
rather than by the City Manager or his designee.
ANALYSIS:
The appointment of a Special Master will provide a more neutral and
expeditious way of adjudicating the ever-increasing number of
hearings requested by owner/applicants.
CONCLUSION:
In order to provide a more impartial and eff icient method of
providing hearings for the above-mentioned cases the Administration
recommends that the City commission approve the request for the
appointment of a Special Master to be appointed by the Ci ty
Commission.
RMC:EC:lCd'
Attachment
35
AG~~~~_R - ~_ G
DATE
J 0- ~ - ~ 2.