HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
Second Reading
rd
File ID: #8113
Date: 11/02/2020 Requesting Department: Commissioners
and Mayor
Commission Meeting Date: 12/10/2020 Sponsored By: Joe Carollo
Type: Ordinance District Impacted: All
Subject: Amend Code - Chapter 2 -
Special Magistrates
PURPOSE OF ITEM:
The purpose of this item is to implement to the Special Magistrate program that was
passed in December 2019 and set to sunset in December 2020. The procurement of
Special Magistrates did not occur prior to the pandemic, and the program is now being
implemented. We are now requesting the removal of the sunset provision to continue to
allow the Special Magistrate program to address the backlog of residential Code
Compliance cases that has accrued, in part, as a result of the pandemic and
suspension of Code Enforcement Board meetings for 6 months. Given the volume of
Code Compliance cases, Special Magistrates assist the Code Enforcement Board in
timely adjudicating Code Compliance cases.
BACKGROUND INFORMATION:
In an ongoing effort to improve the efficiency of Code Compliance, this legislation will
facilitate more rapid adjudication of outstanding violations. Moreover, this legislation
reflects a proposed administrative change that would shift many Code Compliance
violations from the Notice of Violation process to the Ticket process. The purpose
behind this change is to simplify the process and expedite the resolution of Code
Compliance matters.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Reviewed By
Office of Management and Budget
Christopher M Rose
Budget Analyst Review
Completed
11/09/2020 12:49 PM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
11/09/2020 2:00 PM
Office of the City Attorney
Rachel Dooley
ACA Review
Completed
11/09/2020 2:11 PM
Office of the City Attorney
Barnaby L. Min
Deputy Attorney Review
Completed
11/09/2020 9:28 PM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
11/30/2020 11:12 AM
City Commission
Nicole Ewan
Meeting
Completed
11/19/2020 9:00 AM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
11/23/2020 2:21 PM
City of Miami
File ID: 8113 (Revision: C) Printed On: 1212812020
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Rachel Dooley
ACA Review
Completed
11/23/2020 2:35 PM
Barnaby L. Min
Deputy Attorney Review
Completed
11/24/2020 9:48 AM
Victoria Mendez
Approved Form and Correctness
Completed
11/30/2020 11:11 AM
Nicole Ewan
Meeting
Completed
12/10/2020 9:00 AM
Mayor's Office
Unsigned by the Mayor
Completed
12/16/2020 12:26 PM
City Clerk's Office
Signed and Attested by the City Clerk
Completed
12/16/2020 12:38 PM
City Clerk's Office
Rendered
Completed
12/16/2020 12:38 PM
City of Miami File ID: 8113 (Revision: C) Printed On: 1212812020
- City of Miami City Hall
Legislation 3500 Pan American Drive
Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:13950
File Number: 8113 Final Action Date: 12/10/2020
AN ORDINANCE OF THE MIAMI COMMISSION, BY A FOUR -FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE X THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
TITLED "ADMINISTRATION/CODE ENFORCEMENT"; MORE
SPECIFICALLY BY AMENDING SECTION 2-817(B) OF THE CITY CODE,
TITLED "ADMINISTRATION COSTS, FINES; LIENS," TO ALLOW FOR
ENHANCED PER DIEM FINES FOR COMMERCIAL PROPERTIES AND
TO AMEND SECTION 2-830 OF THE CITY CODE, TITLED "ALTERNATE
CODE ENFORCEMENT SYSTEM," TO PROVIDE FOR EXPANDED
HEARINGS FOR SPECIAL MAGISTRATES, TO UPDATE SPECIAL
MAGISTRATES' QUALIFICATIONS, AND TO AMEND THE SUNSET
PROVISION; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 162.02, Florida Statutes, authorizes the creation of municipal
administrative boards with authority to impose administrative fines and other non -criminal
penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing
codes and ordinances; and
WHEREAS, it is the intent of the City of Miami ("City"), pursuant to Section 162.02,
Florida Statutes, to promote, protect, and improve the health, safety, and welfare of the City's
residents; and
WHEREAS, Section 162.09(2), Florida Statutes, allows for municipalities greater than
50,000 persons to adjust their per diem fine structure to allow for greater financial penalties for
those who violate the code; and
WHEREAS, it is essential the City, its residents, and its visitors have confidence that all
non-residential/commercial properties are in compliance with all applicable codes to promote
the health, safety, and wellness of our community; and
WHERAS, the City's current information technology system for code enforcement
matters ("Cityview") is an outdated software program that does not have the capacity to interact
with other City software; and
WHEREAS, Cityview no longer provides updates from the original vendor and is
currently in the process of being replaced by a City created software named "Code Check"; and
WHEREAS, prior to the installation of Code Check, it would be beneficial for the
Department of Code Compliance ("Code Compliance") to review all current violations existing in
Cityview and determine how they are programmed to be cited; and
WHEREAS, pursuant to Section 162.03(2), Florida Statutes, a municipality may adopt
an alternate code enforcement system that gives code enforcement boards ("CEBs"), Special
City of Miami File ID: 8113 (Revision: C) Printed On: 1212812020
Magistrates designated by the local government body, or both the authority to hold hearings and
assess fines, costs, and liens against violators; and
WHEREAS, a Special Magistrate has the same status and powers as a CEB pursuant to
Chapter 162, Florida Statutes, the provisions of which are relied upon by the City in codifying
this alternate code enforcement system; and
WHEREAS, the City Commission has previously approved and authorized the use of
Special Magistrates in addition to a CEB to preside over code enforcement cases; and
WHEREAS, on July 12, 2018, pursuant to Ordinance No. 13774, the alternate code
enforcement system was abolished; and
WHEREAS, due to the Novel Coronavirus ("COVID-19") pandemic, CEB hearings were
halted as of mid -March 2020 and only began again on a limited basis in September 2020 with a
limited hearing schedule to protect the health, safety, and welfare of all who attend the hearings;
and
WHEREAS, there now exists an extensive backlog of matters for code enforcement
hearings, requests for extensions of time, motions for mitigations of liens on complied cases,
motions for conditional mitigations for properties under contract for sale, and requests for partial
releases; and
WHEREAS, CEB hearings result in overtime for City staff as they occur at night; and
WHEREAS, Special Magistrates are more cost effective to the City; and
WHEREAS, in December 2019, the City Commission authorized the reinstatement of the
Special Magistrate system pursuant to Section 2-830 of the City Code but no hearings have
taken place as of yet due to the COVID-19 pandemic; and
WHEREAS, Special Magistrates have the ability to double the City's hearing capacity for
case and motion backlogs and bring the caseload current; and
WHEREAS, the City Commission is able to review and continue the Special Magistrates
at the time of the sunset date to assess their effectiveness; and
WHEREAS, the City's Administration, with the advice of the City Commission, could
develop a meaningful list of the number and types of cases to be heard by Special Magistrates;
and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to amend the City Code to provide for a more effective disposition of code
enforcement cases and to reduce the backlog of cases created by the COVID-19 pandemic and
provide for a sunset date of December 31, 2021;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
City of Miami File ID: 8113 (Revision: C) Printed On: 1212812020
Section 2. Chapter 2 of the City Code, titled "Administration," is amended in the
following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE X. CODE ENFORCEMENT
Sec. 2-817. Administrative costs, fines; liens.
(b) The board or special magistrate, upon notification by the code inspector or city
attorney that an order of the board or special magistrate has not been complied with by
}t�h,e,,�se��t.��tiii+me for compliance, may order
, the violator(s) to pay
,�a�, fine Af Apt Mere
t4c-H4$262.50 per day yielatie.p that r_-G_nrtiRHe6past the daAte 5vet fGF nnmpIianno by
t I no�e ef�a�ne�5 the VinlaA��� 0f�te�- 17, artinlo I of the Gity G(Ddo
titled "Tree �nvteGtiGR OR geRer ll"; arti�lo 1 Q ti`4'Io`rJ' "SiigR Feg �1a4innc�� of the k4iaami 21
Gde=er ^fGhapter art+sTe X 111, sestiens 6-2-6-01 tha e ug„ 62 619Tega r�l�;„FaIS
Fii the Gity (Gde then Oho fine Vnii11 not evneed $1 100 nn per day per violation and
�rc�;vcr,crrT crn-rnc�vTrrrrv�cT�cca c���c��rvracrorr-arrcr
not more than $5 250 nn per day peryinlatinn for a repeatyinlatinn as follows:
1. Residential Properties: not more than $250.00 per day that continues past the date
of the order for compliance by the notice of violation and not more than $500.00 per
day for a repeat violator.
2. Non-Residential/Commercial Properties: not more than $1,000.00 per day per
violation that continues past the date of the order for compliance and not more than
$5,000.00 per day for a repeat violator.
3. If the violation is of Chapter 17, Article I of the City Code, titled "Environmental
Protection/Tree Protection in General," or Chapter 62, Article XIII, Division 5 of the
City Code, titled "Planning and Zoning/Planning and Zoning Approval for Temporary
Uses and Occupancies; Permit Required/Murals," then the fine shall not exceed
$1,000.00 per day per violation that continues past the date of the order for
compliance and not more than $5,000.00 per day for a repeat violator.
Sec. 2-830. Alternate Code Enforcement Board System.
(a) The City establishes, pursuant to Section 162.03(2), Florida Statutes, which is deemed
as being incorporated by reference herein, an alternate code enforcement system which
gives Code Enforcement Boards, Special Magistrates designated by the local governing
body, or both the authority to hold hearings and assess fines, costs, liens, and other
non -criminal penalties against violators of the City Code and/or Zoning Ordinance.
(b) In appointing Special Magistrates, the City Commission will consider the qualified
applicants submitted from the City Manager who shall meet the criteria for their selection
' Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged Asterisks indicate omitted and unchanged material
City of Miami File ID: 8113 (Revision: C) Printed On: 1212812020
as set forth in Section 2-811 of the City Code and through a Request for Qualifications
issued by the Procurement Department.
(c) The special magistrate(s) will serve for a term of two years with the reappointment of
one additional one-year term upon approval of the majority vote of the city commission.
The special magistrate(s), if they have a residence in the City, sh;;Il ha„o a ros„don,.o
;n the Gity and said- reasidenr-o shall not have any open code violations; shall possess
such qualifications as required by this chapter; shall be subject to appointment and
removal, with or without cause, by the city commission; and shall be compensated as
set forth by city commission resolution. Any of these requirements may be waived
through a 4/sth affirmative vote of the city commission.
(d) The City Attorney, an Assistant City Attorney, or the City Attorney's designee acting by
and through the City Attorney shall represent the City by presenting cases before the
Special Magistrate.
(e) Commencing with the calendar year 2020 and in coordination with the City Attorney's
Office and the Office of Management and Budget, each Special Magistrate shall prepare
bi-annual reports to the City Manager and to the City Commission in the following
manner: By January 15, 2021, and thereafter by January 15 and July 15 of each
subsequent year, each Special Magistrate shall submit a report setting forth the following
information regarding the meetings over which the Special Magistrate presided: (1)
number of cases heard by case type and the dates heard; (2) dollar amount of
mitigations, as applicable; (3) average length of extensions of time provided; (4) list of
the Special Magistrate's accomplishments, trainings, and continuing education that
assists the Special Magistrate with carrying out his or her duties; and (5) whether the
Ordinance creating the alternate enforcement system should be amended to better
enable the Special Magistrate(s) to serve for the purpose for which it was created.
(f) The following time -sensitive violations will be set for a hearing before a Special
Magistrate only in the event that the Code Enforcement Board cannot hear the case
within thirty (30) days from the date of the violation being issued: Failure to maintain a lot
in a safe, clean condition, not allowing accumulation of debris, trash, or dense growth of
grass; Use not allowed in transect zone; Vacant, blighted, unsecured or abandoned
structure; Illegal rooming house; Failure to obtain a warrant; Obstruction of required
vision clearance at an intersection; Failure to protect a tree during development.
(g) The Special Magistrate(s) shall have the authority to hear vielatieRS iRVGIViRg Fesidor+„l
GiRgle family and/E)r duplex FesideRG all cases in the same manner as the Board;
however, the City, through the City Manager, shall have the authority to set the
parameters of the types of cases to be heard by the Special Magistrates based upon the
type and current number of cases and motions pending. These parameters may be
updated from time to time as necessary.
(h) This section shall automatically sunset on December 31, 20201 unless earlier repealed
by the city commission.
Section 3. The City Commission hereby approves of the Code Compliance's
reassessment of code violations issued pursuant to the City Code and which violations are
better cited as ticketing violations rather than notices of violation pursuant to Chapter 2/Article X
of the City Code in order to streamline the enforcement process prior to Code Check coming
online to replace Cityview.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami File ID: 8113 (Revision: C) Printed On: 1212812020
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1 1
i nria i :.ndez, City Attor ey 11/30/2020 i ` ria i ,ndez, City Attor ey 11/3012020
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date
it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override
of the veto by the City Commission or upon the effective date stated herein whichever is later
City of Miami File ID: 8113 (Revision: C) Printed On: 1212812020