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HomeMy WebLinkAboutR-02-0620J-02-515 6/13/02 02- 020 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S) AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SPECIAL MASTER MARYANNE LUKACS TO SERVE AS HEARING OFFICER FOR THE OFFICE OF NEIGHBORHOOD ENHANCEMENT TEAM ("NET") TO PRESIDE OVER SOLID WASTE SANITATION CODE ENFORCEMENT HEARINGS AND PROCEEDINGS, RENDER WRITTEN FINDINGS AND RULINGS, ON AN AS NEEDED CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR ONE ADDITIONAL YEAR, IN AN ANNUAL AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 145001.251113.6.270. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is authorized!' to execute a Professional Services Agreement, in substantially the attached form, with Special Master Maryanne Lukacs to serve as Hearing Officer for the Office of Neighborhood Enhancement Team ("NET") to preside over solid waste sanitation code enforcement hearings and proceedings, render written findings and rulings, on an as 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. JUN 1 3 2002 Resolution No. 02- 620 needed contract basis, for a period of one year, with the option to renew for one additional year, in an annual amount not to exceed $10,000, with funds allocated from Account Code No. 145001.251113.6.270. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor .2/ PASSED AND ADOPTED this 13th day of June , 2002. a, 44 ud&" 04 z- 9 4 MANUEL A. DIAZ, MAYO ATTEST: PRISCILLA A. THOMPS N CITY CLERK APPROVED AAND CORRECTNESS TO F RM LXJO VILARELLO ITY TTORNEY W6260:tr:LB 2/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 02- 620 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this _ day of , 2002, (but effective as of by and between the City of Miami, a municipal corporation of the State of Florida ("City") and Special Master Maryanne Lukacs, ("Provider " or "Hearing Officer"). RECITALS: A. The City is in need of a hearing officer to preside over Neighborhood Enhancement Team ("NET") Office code enforcement hearings and other proceedings pursuant to §2-882 of the City Code ("Services"). B. Provider possesses all necessary qualifications and expertise to perform the Services. C. The City wishes to engage the services of Provider, and Provider wishes to perform the services for the City, under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the City agree as follows: TERMS: 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall be one year commencing on the effective date hereof. 3. OPTION TO EXTEND: The City shall have the option(s) to extend the term hereof for two additional one-year periods, subject to availability and appropriation of funds. City 02- 620 Commission approval shall not be required as long as the total extended term does not exceed two (2) years, or a period equal to the original term of this Agreement, whichever is longer. 4. SCOPE OF SERVICE: A. Provider agrees to provide the Services as specifically described, and subject to the special terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Provider represents and warrants to the City that Provider: (i) it possesses all qualifications, licenses and expertise required for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City, (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described in Attachment "A". 5. COMPENSATION: A. The amount of compensation payable by the City to Provider shall be at a rate of $65.00 per hour, on an as needed basis. However, in no event shall the amount of compensation exceed $10,000 per year. B. Payment shall be made within forty-five (45) days after receipt of Provider's invoice. 6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this Agreement is and shall at all times remain the property of the City. Provider agrees not to 02- 620 cm:PSAFormV1(b)-(Indiv) 2 use any such information, document, report or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by the City in its sole discretion. 7. AWARD OF AGREEMENT: Provider represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. S. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Provider agree to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 10. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or 02- 620 cm:PSAFormVI(b)-(Indiv) 3 death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Provider or its employees, agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the paragraphs herein or the failure of the Provider to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Provider, or any of its subcontractors, as provided above, for which the Provider's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 11. DEFAULT: If Provider fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to Provider, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Provider while Provider was in default shall be immediately returned to the City. Provider understands and agrees that termination of this Agreement under this section shall not release Provider from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwilling to commence to perform cm:PSAFormVI(b)-(Indio) 4 02- 620 the Services within the time provided or contemplated herein, then, in addition to the foregoing, Provider shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re - procurement of the Services, including consequential and incidental damages. 12. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that all disputes between Provider and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Provider being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $4,500, the City Manager's decision shall be approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $4,500; or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 13. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Provider at least five (5) business days prior to the effective date of such termination. In no event shall the City be liable to Provider for any compensation, including any consequential or incidental damages. B. The City shall have the right to terminate this Agreement, without notice or liability to Provider, upon the occurrence of an event of default hereunder. In such event, the City cm:PSAFormVI(b)-(Indio) 5 02- 620 shall not be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts received while Provider was in default under this Agreement. 14. INSURANCE: Provider shall, at all times during the term hereof, maintain such insurance coverage as may be required by the City. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City, prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Provider of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Contract shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. 02- 620 cm:PSAFormVI(b)-(Indio) 15. CONFLICT OF INTEREST: A. Provider is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11.1 et.se . and of the State of Florida as set forth in the Florida Statutes, and agrees that it will fully comply in all respects with the terms of said laws and any future amendments thereto. B. Provider covenants that no person or entity under it's employ, presently exercising any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the City. Provider further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to Services provided hereunder. Any such conflict of interest(s) on the part of the Provider, its employees or associated persons, or entities must be disclosed in writing to the City. 16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Provider's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied Services, or be subject to discrimination under any provision of this Agreement. 17. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM: The City has established a Minority and Women Business Affairs and Procurement Program (the "M/WBE Program") designed to increase the volume of City procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE Program is found in Ordinance No. 10062. Provider understands and agrees that the City shall cm:PSAFormVI(b)-(Indiv) 7 02— 620 have the right to terminate and cancel this Agreement, without notice or penalty to the Ci,y, and to eliminate Provider from consideration and participation in future City contracts if Provider, in the preparation and/or submission of the Proposal, submitted false of misleading information as to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of minority or women owned business participation. 18. NONASSIGNMENT/NONELIGIBILITY: This Agreement shall not be assigned or delegated by Provider, in whole or in part, without the prior written consent of the City, which may be withheld or conditioned, in the City's sole discretion. cm:PSAFormVI(b)-(Indiv) 8 02— 620 19. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER/HEARING OFFFICER: Special Master Maryanne Lukacs 125 Coral Way, Ste. 102 Miami, Florida 33145 cm:PSAFormVI(b)-(Indiv) 9 TO THE CITY: Carlos A. Gimenez, City Manager City of Miami Miami Riverside Center, 10th Floor 444 SW 2nd Avenue Miami, Florida 33130 With copies to: Dennis R. Wheeler, Director Neighborhood Enhancement Team (NET) City of Miami Miami Riverside Center 444SW 2nd Avenue, 7th Floor Miami, Florida 33130 Alejandro Vilarello, City Attorney City of Miami, Law Department Miami Riverside Center 444 SW 2nd Avenue, Suite 945 Miami, Florida 33130 02-- 620 20. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 22. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or cm:PSAFormVI(b)-(Indiv) 10 02- 620 benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider, and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 23. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 24. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 25. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. 26. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of this Agreement by the City Manager shall constitute evidence of its approval by the Oversight Board. cm:PSAFormVI(b)-(Indio) 11 02- 620 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: Pricilla A. Thompson, City Clerk WITNESSES: Print Name: Print Name: APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney "City" CITY OF MIAMI, a municipal corporation Carlos A. Gimenez, City Manager "Provider Special Master Maryanne Lukacs APPROVED AS TO INSURANCE REQUIREMENTS: R. Sue Weller Acting Administrator Risk Management 02- 620 cm:PSAFormV[(b)-(Indio) 12 Attachment A Scope of Services • Hearing Officer will serve over NET code enforcement hearings and other proceedings pursuant to §2-882 of the City Code. • Hearing Officer will facilitate enforcement and settle disputes between the citizens and the NET regarding the alleged violations of the City Code. • Hearing Officer will serve on an as needed basis for one year and will be compensated $65.00 per hour, provided, however, that in no event shall the amount of compensation exceeds $10,000 per year. • Hearing Officer will render written findings and rulings as to the payment of fines and administrative fees. • Hearing Officer will cause his rulings to be filed with the City Clerk, with a copy of the same sent by registered mail to the petitioning party. cm:PSAFormVI(b)-(Indio) 13 02- 620 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members Of the City Commission CA -8 DATE : MAY 3 i 2302 FILE : SUBJECT: Resolution Authorizing Acquisition of A Hearing Officer REFERENCES: ENCLOSURES: RECOMMENDATION It is respectfully requested that the City Commission adopt the attached resolution authorizing the City Manager to execute a Professional Service Agreement with Special Master MaryAnne Lukacs to serve as a Hearing Officer for the NET Office and preside over the Solid Waste Sanitation Code Enforcement hearings and proceedings, and render written findings and rulings as to the payment of fines and administrative fees. The cost for said professional services, on an as needed, when needed basis, shall not exceed $10,000 annually. Said Agreement shall be for one (1) year, with the option to extend for one (1) additional year. Funding is available from Professional Services — Other, 145001.251113.6.270. BACKGROUND The NET office has a need to acquire a Hearing Officer to preside over code enforcement hearings and other proceedings pursuant to Ordinance 10954. This ordinance created the position of Hearing Officer and established a procedure for the issuance of civil infraction notices and fines which enable the City to more effectively enforce the code and ordinances as it relates to garbage and trash violations. The City has initiated procedures for increase enforcement as it pertains to garbage and trash violations on the property of its citizens. It is the expectation that with this increased emphasis on enforcement by its inspectors, violation notices to its citizens will increase dramatically. Its net result will be an increased need for a Hearing Officer to facilitate enforcement and settle alleged disputes between the citizens and the NET Office as it pertains to purported violations. Special Master Mary Lukacs has agreed to preside as a Hearing Officer at a fee of $65 per hour, and her services will be required on an as needed, when needed basis. Special Master Lukacs has served in this capacity in the past with other City Departments, such as the Office of Hearing Boards, and it is the desire of the NET Office to acquire her services at this time. Funding is available in an amount not to exceed $10,000 annually, and the Agreement shall be subject to renewal by the City for two additional one-year periods, at the sole discretion of the City. FISCAL IMPACT: r.- CAM/FKR// W/BAD <1>netmemo NONE — BUDGETED ITEM 02- 620 1. Department City Manager 2. Agenda Item # (if available) Budgetary Impact Analysis Division Office of NET Administration 3. Title and brief description of legislation or attach ordinance/resolution: This resolution is to secure the professional services of Special Master Maryanne Lukacs to serve as hearing officer for the NET Office and preside over the Solid Waste -Sanitation Code Enforcement hearings and proceedings 4. Is this item related to revenue? NO: YES X (If yes, skip to item #7.) 5. Are there sufficient funds in Line Item? YES: X Index Code 145001 Minor Obj. Code 270 Amount $10,000 NO: _ Complete the following questions: 91 FA Source of funds: Amount budgeted in the Line Item $ Balance in Line Item $ Amount needed in the Line Item $ CrnfficiPnt fiineic urill he transferred from the following line items: ACTION ACCOUNT NUMBER ACCOUNT NAME TOTAL Index/Minor Object/Project No. Verified by: From $ From $ From $ To $ Any additional comments? 8. Approved by: Depa`rtrnentDirector/Designee Da FOR DEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY Verified by: Verified by: Transfer done by: A• 6IAhti Budget Analyst Department of Management and Budget Budget Analyst Director/Designee Date Date Date :� i&, 3A/ o,v,19TO ( a5 0 C 4/9-7/07- 02- 620 MAY -16-2002 09:05 J -91-919a 3/5/92 CITY CLERKS OFFICE ORDINANCE NO. 305 858 1610 P.02 10054 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE R, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CODE ENFORCEMENT BOARD THEREBY CHANGING THE TITLE OF SAID ARTICLE TO "CODE ENFORCEMENT", AND BY ADDING NEW SECTIONS 2-401 THROUGH 2-409 TO PROVIDE FOR: (A) THE CREATION OF THE POSITIONS) OF HEARING OFFICER(S); (B) QUALIFICATIONS, APPOINTMENT, AND COMPENSATION FOR SAID OFFICERS; (C) EIQFORCEMENT PROCEDURES FOR CIVIL INFRACTIONS, PENALTIES, HEARINGS AND APPEAL, AND RECOVERY OF CIVIL PENALTIES; FURTHER PROVIDING THAT PROVISIONS OF THIS ORDINANCE ARE SUPPLEMENTAL TO OTHER CODE ENFORCEMENT PROVISIONS AND PROCEDURES; PROVIDING A FEE SCHEDULE OF CIVIL PENALTIES; PROVIDING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Miami City Commission finds it to be in the best interest of the City of Miami to establish a procedure for the issuanoe of oivil infraction notices and fines which will enable City departments to more effectively enforce the ordinances and codes of the City of Miami; NOW, THEREFORE, BE IT ORDAINED BY TSE COMMISSION OP THE CITY OF MIAMI. FLORIDA: Section 1. Article S of Chapter 2 of the Code of the City of Miami, Florida, as amended, is hereby renamed and further amended by the inclusion of the following new Sections: 02- 620 MAY -16-2002 09:05 CITY CLERKS OFFICE 305 858 1610 P.03 "Article X. CODE ENFORCEMENT BOARD 1/ sec. 2-401. Civil Offenses and Penalties. a) The violation of any provision of any City ordinance or City code section shall constitute a civil offense and be punishable by civil penalty in the amount as prescribed in Section 2-409, or in an amount deemed appropriate by a Hearing Officer upon review and a finding that the violation exists or existed. Accordingly, there are hereby created and established code enforcement positions to be filled by Hearing Officers to facilitate enforcement of the sections listed herein and which are contained in and enacted pursuant to this code. Seo. 2-402. Qualifications: appointment and removal. a) Hearing Officers shall be residents of the City of Miami who possess outstanding reputations for civic pride, interest, integrity, responsibility, and business or professional ability. Appointments shall be made by the City Manager, or his/her designee, on the basis of experience or interest in code enforcement matters. b) The City Manager or his/her designee shall appoint as many Hearing Officers as he/she deems necessary. Appointments shall be made for a term of one year. Any Hearing Officer may be reappointed at the discretion of the City Manager: There shall be no limit to the number of reappointments for an individual Hearing Offioer; provided, however, that a review as to removal or reappointment must be made for each Hearing Officer at the end of each of his/her one year term. The City Manager shall have the authority to remove a Hearing Officer with or without cause. Appointments to fill any vacancy shall be for the remainder of the unexpired term. c) Hearing Officers shall not be City employees and shall be compensated at a rate determined by administrative order. 1/ Words and/or figures stricken through shall be deleted. Asteriks indicate omitted and unchanged material. Y� 02- 620 as MAY -16-2002 09:06 CITY CLERKS OFFICE 305 858 1610 P.04 d) The City Attorney shall serve as general counsel to the Hearing Officer(s). If an appeal is taken from any decision of a Bearing Officer, the City Attorney or his/her designee shall represent the City at such proceedings. Seo. 2-403. Civil infraction enforcement procedures. a) City inspectors shall have the authority to initiate enforcement proceedings as listed below. No Hearing Officer shall have the power to initiate such proceedings. b) For the purpose of this article "violators" shall be deemed to be those persons or entities legally responsible for violations including owners of land, or their agents, upon which a violation occurs. o) An inspector who finds a violation of the sections of this code as amended and/or other Ordinances adopted by this Code as amended from time to time, shall prescribe a reasonable time period within which the violator must oorreot the violation. This determination shall be based on considerations of fairness, praetioality, ease of correction, ability to correct, severity of violation, nature, extent and probability of danger or damage to the public, and other relevant factors relating to the reasonableness of the time period prescribed. d) An inspector who finds such a violation shall issue a civil infraction notice to the violator. Service shall be effected by delivering the civil infraction notice to the violator. or his/her agents, or by leaving the civil infraction notice at the violator's usual place of abode With any person residing therein who is fifteen (18) years of age or older and informing that person of its contents, or the civil violation notioe may be sent by certified mail, return receipt requested. If service cannot be effected by any other means, posting of the civil violation notice in a conspicuous place on the premises or property upon which the violation has been observed may be performed. Such posting shall be deemed proper service, and the time for compliance, stated in the notice, shall commence with the date such notice is posted. Proof of posting shall be verified by affidavit of the inspector who posted the notice. e) The civil infraction notioe shall iaolude but not be limited to the following: 02- 620 -3- MAY -16-2002 09:08 CITY CLERKS OFFICE 305 858 1610 P.05 1. Date of issuance. 2. Name of inspector and division or department issuing the notice. 3. Name and address of the violator. 4. Section number of the code section or City ordinance that has been violated. 8. Brief desoription of the nature of the violation, inoluding location, date, and time of violation. 6. Amount of the civil penalty for which the violator may be liable. a 7. Instructions and due date for paying the oivil fine or filing for an administrative hearing before a Hearing Officer to appeal the civil fine. S. Time within which the violation must be corrected. 9. Notice that each day of continued violation beyond the time period for oorreotion shall be deemed a continuing violation subject to additional penalty in the same amount as the original violation. 10. Notice that the filing of a request for an administrative hearing will toll, the accrual of continuing violation penalties, 11. Notice that failure to request an administrative hearing within ten (10) days after service of the civil infraction notioe shall constitute a waiver of the violator's right to an administrative hearing before the Searing Officer, and that such waiver shall constitute an admission of violation. 12. Notice that the violator may be liable for the reasonable costs of the administrative hearing should he/she be found guilty of the.vtolation. -4- 02 ¢ MAY -16-2002 09:09 CITY CLERKS OFFICE 305 858 1610 P.06 Sea. 2-404. Civil Penalties. a) Penalties for violations of the provisions of any City ordinances or City code section, as amended, enforoed by this article shall be in the amount as prescribed in the schedule of civil penalties in Section 2-408 or in an amount deemed appropriate by a Hearing Officer. b) wContinuing violations" are those violations which remain uncorrected beyond the -prescribed time period for correction contained in the civil violation notice. For each day of continued violation after the time period for correction has run, an additional penalty in the same amount as for the original violation shall be added. o) Civil penalties assessed pursuant to this Article are due and payable to the City of Miami on the last day of the period allowed for the filing of an administrative hearing before a Hearing Officer, or if proper appeal is made, when the appeal has been finally decided adversely to the named violator. sec. 2-405. Rights of Violators: payment of fine, right to appeal, failure to pay and correct. a) A violator who has been served with a civil infraction notice shall elect either to: 1. Pay the civil penalty in the manner indicated on the infraction notice, and correct the violation within the time .specified on the notice; or 2. Request an administrative hearing before a Hearing Officer to appeal the determination of the inspector which resulted in the issuance of the civil Infraction notice. b) An appeal for administrative hearing shall be accomplished by filing a request in writing to set the hearing for review and mailed to the code enforoement olerX or his/her designee or to the address indicated on the notice, not later than ten (10) days after the service of the notice. o) If the named violator, after notice, fails to pay the civil penalty and correct the violation (within the time specified), or to timely request an administrative hearing before a Hearing Officer, such failure shall constitute a waiver of the violator's -5- MAY -16-2002 09:09 CITY CLERKS OFFICE 305 858 1610 P.07 \ \ right to -an administrative hearing before an Hearing Officer. A waiver of the right to administrative hearing shall be treated as au admission of the violation and penalties may be assessed accordingly. sec. 2-406. Conduct of Administrative Hearing. a) Upon reoeipt of a named violators timely request for an administrative hearing, the code enforcement clerk or his/her designee shall set the matter down for hearing on the next available regularly scheduled hearing date or as soon as possible. b) The code enforcement olerk or his/her designee shall send a notice of hearing by certified mail to the violator at his/her last known address. The notice of hearing shall include but not be limited to the following: 1. name of the inspector who issued the notice; 2. factual description of the alleged violation; 3. date of alleged violation; 4. section of the code allegedly violated; 8. place, date and time of hearing; 6. right of violator to be represented by an attorney; 7. right of violator to present witnesses and evidence; and 8. notice that failure of violator to attend a hearing may result in civil penalty being assessed against him/her. c) The hearing Officer shall conduct hearings on a regularly scheduled monthly basis or more frequently upon request of the City Manager or his/her designee. No hearing shall be set sooner than twenty (20) days from the date of service of the notice of infraction. d) All hearings before the Hearing Officer shall be open to the public. All testimony shall be under oath. Assuming proper notice, a hearing may proceed in the absence of the named violator. 02 620 MAY -16-2002 09:09 CITY CLERKS OFFICE 305 856 1610 P.06 e) The proceedings at the recorded electronically and/or by a recorded by a stenographer may be expense of the party requesting the hearing shall be stenographer and if transcribed at the transoript. f) The City manager, or his/her designee, shall provide clerical and administrative personnel to facilitate the proper issuance of civil infraction notices, processing and review of oases as may be reasonably required, and for the proper performance of clerical and Searing Officer's duties. g) Each case before a Hearing Officer shall be presented by the inspector or• representative of the department which issued the violation. h) The hearing need not be conducted in accordance with formal rules of evidence and those relating to witnesses. Any relevant evidence shall be admitted if the Hearing Officer finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. . i) Each party shall have the right to call and examine witnesses, to introduce exhibits, to oross- examine opposing Witnesses on any matter relevant to the issues even though that matter Was not covered in the direct examination, to impeach any witness regardless of which party first called his to testify, and to rebut the evidence against him. J) The Hearing Officer shall make findings of fact based on the evidence in the record alone. In order to make a finding upholding an inspector's determination that a violation exists, the Hearing Officer must find that a preponderance of the evidence indicates that the violator was legally responsible for the infraction of the relevant section of the City ordinance or City code as cited, and that a violation does/did in fact exist. k) The prescribed time for correction of the violation given to the named violator and contained in the civil infraction notice shall be presumed to have been a reasonable time for correction. Upon presentation of relevant evidence by the named violator that the time for correction was not reasonable, the Rearing Officer may make a re -determination as to the reasonableness of the time for correction contained in the civil infraction notice. The Hearing Officer may not make a determination that the time given for correction in the civil infraction notice is excessive. If the Hearing Officer determines that the time given for correction was insufficient, the penalty for a -7- 02- 620 MAY -16-2002 09:09 CITY CLERKS OFFICE 305 856 1610 P.09 oontinuing violation may be calculated from the date determined by the Hearing Offioer to be the reasonable date for correction. 1) If the named violator is found guilty of the violation, he/she may be held liable for the costs of the administrative hearing. m) The fact-finding determination of the Hearing Officer shall be limited to whether the alleged violation did in fact occur and. if so, whether the person named in the civil infraction notice is legally responsible for that violation. The Hearing Officer shall either affirm or reverse the determination of the Inspector as to the responsibility of the named violator for the correction of the City ordinance or City code violation. The Hearing Officer may also modify the determination of the inspector as to the time for correction contained in the civil infraction notice, subject to the provisions of Section 2-406(k). if the Hearing Officer reverses the determination of the inspector and finds the named violator not responsible for the alleged violation in the civil infraction notice, the named violator shall not be liable for the payment of any civil penalty, absent successful appeal of the Hearing Officer's ruling by the City. If the decision of the Hearing Officer is to affirm the inspector's determination of violation, then the following elements may be included: 1. amount of civil penalty; 2. administrative oosts of hearing; and 3. date by whioh the, violation must be corrected to prevent resumption of continuing violation penalties. n) The Hearing Officer shall have the power to: 1. adopt procedures for the conduct of hearings; 2. subpoena alleged violators and witnesses for hearings; subpoenas may be served by either the City of Miami Police Department or by the staff of the Hearing Officer; 3. subpoena evidence; 4. take testimony under oath; and -8- U2- 620 MAY -16-2002 09:09 CITY CLERKS OFFICE 305 858 1610 P.10 S. assess and order the payment of civil penalties as provided herein. o) A Hearing Officer shall not conduct a hearing if the named violator, prior to the scheduled hearing date, properly files with a duly -authorized City and County Board of appropriate ' jurisdiction for administrative interpretation of the legal provision(s) on which the alleged violation: was based. upon exhaustion of the administrative review and finalization of the administrative. order by such Board or Body, the Hearing Officer may exercise all powers granted to him by this article. The Hearing Officer shall not, however, exercise any jurisdiction over alleged code violations where a named violator has properly filed a request for administrative interpretation and review by.such City or County Board or Body until such time for review has lapsed. P) The Hearing Officer shall be bound by the interpretations and decisions of the duly authorized City and County Boards of appropriate jurisdiction concerning the provisions within their respective Jurisdictions. In the event that such a Board or Body finds that'the cited violation of the City ordinance or City code has not been properly interpreted, that provision upon Which the violation is based, shall prohibit a Hearing Officer from proceeding with the enforcement of the alleged violation. Sea. 2-407. Recovery of unpaid civil penalties; unpaid penalty to constitute a lien; foreclosure. a) The City may institute•prooeedings in a Court of competent jurisdiction to compel payment of civil penalties. b) A certified copy of an order imposing a civil penalty may be recorded in the publio records of Dade County and thereafter shall constitute a lien against the land upon which the violation exists or existed; or, if the violator does not owri the land, upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court Judgement by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgement except for enforcement purposes. After three (3) months: from the filing and reoord.ing of such lien which remains unpaid, the City of Miami may foreclose or otherwise execute on the lien. 02- 620 MAY -16-2002 09:10 CITY CLERKS OFFICE 305 858 1610 P.11 Sec. 2-408. Appeals. a) The violator or the City may appeal an order of a Hearing Officer by filing a Notice of Appeal with the Dade County Court. Such appeal shall be filed within thirty (30) days of the issuance of the order by the Hearing Officer. A violator shall have the right to a de novo appeal provided that all other administrative remedies have been exhausted. b) In the absenoe of reversal of a Hearing Officer's ruling by an appellate court of competent jurisdiction, the findings of the Hearing Officer shall be conclusive as to a. determination of responsibility for the City ordinance or City code violation, and such findings shall be admissible in any proceeding to collect unpaid penalties. c) Nothing contained in 'this chapter shall prohibit the City from enforcing its City Ordinanoe or City code by any other means.. The enforoement procedures outlined herein are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the enforcement of any section of this code. Sec. 2-409. Schedule of Civil Penalties. a) The table contained herein in Section 2-409(b) lists the sections of City ordinances or the City code, as they may be emended from time to time, which may be enforced pursuant to the provisions of this article; and prescribes the dollar amount of civil penalty for the violation of these sections recommended by the relevant City Departments. b) The "descriptions of violations" below are for informational purposes only and the civil penalties attached are meant only as proposed figures not intended to limit the nature, number of or amount of fines to be imposed for the violations whioh may be cited in this Section. To determine the exact nature Of the activity prescribed or required by this code, the relevant code section, ordinance or treatise cited in the specific violation must be examined. CODE DESCRIPTION SBCTIOR OF VIOLATION CIVIL HEAL= CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AAMMED 2-78 Failure to have a $100 valid certificate of use. -10- 02- 620 MAY -16-2002 09:10 CITY CLERKS OFFICE 305 858 1610 P.12 2-95 Construction in $200 right,,or way, non- conforming with Public Works standards. 6-6.1(b) illegally raising, S 50 (2)(3) breeding or keeping animals, insects poultry or fowl in a residential zone 19-3 Failure to obtain - $100 public assembly permit. 19-4 Obstructing a required $100 means of egress. 19-5 Failure to obta,1A $100 flammable c=ombustible liquids permit. 19-5(4) Failure to obtaili $100 required inspection of flammable liquids tanks/devices 19-6 Failure to obtain $100 explosives permit 19-7 Failure to obtain' $100 fireworks permit. 19-26 Vtolation orders not $100 corrected. 22-36.37 Failure to maintain $200 lot in a safe, clean. condition not allowing accumulation of debris, atrash or a dense growth of grass. 22-39 Abandoned property on $500 any public property in the city. 22-49 Abandoned property on $500 private property in the city. 29-1 Laced fill -permit $200 required. -11- 02- 620 MAY -16-2002 09:10 CITY CLERKS OFFICE 305 858 1610 P.13 29-1 Failure to obtain $200 fill permit prior to obtainment of building permit. 29-1 Filling land with $500 unsuitable material. 29-4 Failure to level $200 stookpiled material within a reasonable period of time. 29-4 Failure to protect. $200 against excess erosion of filling material. 29--4 Filling dedicated. -$500 or undedicated public right of way with unsuitable material. - 29-5 Failure to notify $200 public works department 24 hours prior. to start of filling operation. F11Z., 'G OF LAND IN BISCAYNE SAY 29-28 Failure to obtain $200 mandatory inspections. 29-28 Failure to obtain $500 final inspection. 29-29 Filling in Biscayne $200 Bay in violation of the provisions of this artiole. 29-43 Failure to obtain $200 waterfront improvement Permit. 29-53 Failure to obtain $200 and required inspeotions 29-54 for *aterfront improvements. 29-55 Failure to maintain $500 waterfront improvements. -12- 02-~ 620 MAY -16-2002 09:10 CITY CLERKS OFFICE 305 858 1610 P.14 35-11 Parking for oertain purposes prohibited: (a) No person shali park a vehicle $200 upon any street- or within the public right o��.way for the unlawful purpoO,es as per subsection 1, 2, 3, 4 and 8. (b) No person shall.park a $100 commercial vehicle, bus, trailer or semi -trailer upon any street or within the public right of way in any zoned residential district. (c) No person shall park upon $100 any street or within the public right of way in any zoned residential district of the city a truck of unlawful size. (d.) Unlawful parki=ig of $100 construction equipment such as earth moving machines, esoavators, cranes and the like within the public right of way in any zoned residential district. (e) Unlawful parking of major . $100 recreational equipment such as travel trailers, piokup campers, tents, boats and boat trailers, combination thereof and other similar equipment, whether occupied by such equipment or not upon any street or within the public right of way. 37-68 Unlawful discharge $800 of oil. oil products or oil compound into the Miami River. 49-2 Failure to connect $200 to sanitary sewer lateral after proper uotifloation. -13- 02- 620 MAY -16-2002 09:10 CITY CLERKS OFFICE 49-4 49-8 49--7 49-8 49-9 54-3 54-3 54-8 54-9 54-12 305 858 1610 P.15 Unlawful disoharge of petroleum products into storm or sanitary sewers. Unlawful discharge of human excreta. Unlawful discharge of waste water from construction excavation into,seaitary sewer. Unlawful discharge of waste mater from construction excavation into`oity storm sewer. Discharge or dumping of septic tank contents into city storm or sanitary sewers. Failure to obtain permit to obstruct street, or sidewalk or impede traffic. Failure to comply with conditions set forth by such permit. Unlawful use of street or sidewalk for advertising or, display purposes. Failure to obtain permit for lawful advertising or display in the publi4 right of way. Placing signs on street or sidewalk surface. Placing glass or other injurious substanoes on streets, $200 $500 $200 $200 $500 $200 $ 30 each violation $ 50 $200 $ 50 $ 50 -14- 02-- 620 MAY -16-2002 09:10 CITY CLERKS OFFICE 305 858 1610 P.16 1 54-14 Failure to remove $ 50 utility facilities. to permit improvement of streets. 54-26 Failure to notify $ 50 public Works 24 hours prior. to commencing construction. 84-28 Failure to construct $ 50 sidewalk with standard material. 54-31 Failure to obtain $ 50 approval of location and construction of driveway. 54-32 Refusing to allow $100 inspection. 54-32 Failure to oomply $200 With stopwork order. 54-33 Failure to obtain $ 50 proper street grade and lines. 54-36 Failure to lay sewers, $200 water and gas mains, telephone and electrical conduits prior to street improvements. 54-37 Disturbing, outting, $200 diggtug or excavating any portion of the public right of way withbut a permit. 54-43 Allo,�ing sidewalks to $ 80 remain in dangerous condition. 54-45 Failure to construct, 5200 reconstruct, or repair the street improvements. 54-46 Obstructing streets $ 50 or sidewalks with trash lumber or other obstructions. ' 1r -15- 02- 46 � MAY -16-2002 09:11 CITY CLERKS OFFICE 305 858 1610 P.17 54-46 Failure to install $200 proper lighted warning devices on permitted obstructions in the public right of way. 54-56 Failure to obtain $ 50 proper permits or authorization for placement of a bench or a shelter upon public right of way. 54-61 Failure to maintain $ 50 proper olearanoes for placement of a bus bench or shelter. 54-62 Failure to properly $ 50 maintain a bench and/or shelter. 54-63 Failure to comply with $ 60 bench and/or shelter size requirements. 54-84 Failure to properly $ 50 display name/address, and local telephone number of bench and/or shelter company. 54-86 Failure to properly $100 affix numbering to building as required. 54-88 Unlawful placement of $ 50 any sign designating street,, avenue or other public place by a different name than by which it is generally and legally known. 54-89 Defaeing or removal $ 50 of airy street signs posted in the City. 54-107 U32154ful construotion $200 or installation of an encroachment within the dedicated right of way or w4thin the undedicated 'right of way. -1B- 02- 620 MAY -16-2002 09:11 CITY CLERKS OFFICE 305 858 1610 P.18 r � 54-108 Opera: 'ting a sidewalk $ 600 cafe -without a permit. 54-133 Placing, maintaining, $ 50 or operating newsra0k on any public right of way without a permit. 54-136 installation, use $ 50 and/or maintananoe Of nonoouformiug newsraoks. 54-138 Allowing a newsraok $ 50 to remain in a state of abandonment. 54-144 Failure to obtain $500 telecommunications permit agreement. 54-163 Failure to notify $ 50 public works department in writing 10 days prior to commencement of construction of a telecommunications system. 59-22 Failure to obtain $ 50 permit to trim trees located in the public right of way. 59-22 Failure to obtain $500 required permit for removal of trees lociaied in the publio right of way. 59-23 Failure to obtain $200 permit to break, deface, out, disturb, or i4terfere in any way with the roots of any tree, shrub, or vine In a highway public or park. 59-28 Failure to place guards $200 around all nearby trees, shrubs or vines In a public highway or park during construction of a building. -17- 02- 620 MAY -16-2002 09:11 CITY CLERKS OFFICE 305 858 1610 P.19 59-27 Placing injurious $500 substances oa or near tree roots. SODS PLORIM FIRS PRMENTION CODE B -207(a) Blocking/parking in $100 emergency access/fire lane(s). 5-208 Required address number $100 missing. e -301(a) Fire ,extiaguisher(s) $100 missing. 5-302(a)(b) Fire suppression $100 systems need service. 5-302(0) Fire extinguisher $100 needs service. 6.201 Exoes,ive combustible $100 trash exterior of building. 6.401(a) Nonodnforming extension $100 cord: 8.110(a) Room capacity is not $100 posted. 8.110(b) Number of occupants $200 exoeeds approved capacity. 14-62 Refusal to allow $100 inspector to mage inspection. 42.101 Elevator key box $100 missing. 42.101 "DO NOT USE ELEVATOR" $100 sign missing. 42.101 Electric rooms missing $100 door, sigh . 42.101 LP gas meter not $100 Identified. U2- 620 IBM.,-16- Y MAY -16-2002 09:11 CITY CLERKS OFFICE 305 858 1610 P.20 42.101 h. LP gas shut-off valve $100 damaged/missing. 42.101 LP gas container and/or $100 gas meter not protected. 42.101 Electrio meters not $100 identified. 42.101 violations of dangerous $100 or hazardous conditions not corrected. 42.101 Nonconforming spray $200 finish operation. 42.101(c) Excess combustible $100 trash interior of builqling. 42.101(f) 2nd means of escape $200 obstructed. AU'T'OMOTIVE & MARINE � SERVICE STATIONS AUTOMOTIVE AND !MARINE SERVICE STATION CODE - NPPA #30A - 1984 EDITION" Chapter 2 Nonconforming storage $200 Of flammable and combustible liquids. 2-3.6.1 Nonconforming vent $200 pipes;. 4-1.2 Emergency ahut-off $200 for 411 dispensers is not temote. 4-2.5 Dispensing units are $200 not protected. 4-2.6 Dispenser hose exceeds $200 approved length. 4-2.6 Nonconforming dispenser $200 hose. 4-2.6 Automatic hose $200 retractors not operable. -19- ,. 02- 620 MAY -16-2002 09:12 CITY CLERKS OFFICE 305 858 1610 P.02 4-s.e Emergency shut-off $100 valve needs a=unl toot. 8-1.1 Nonconforming hose SIM nozzle valve. 6-4.8 Warning algns not $100 poeted. LIPS 6APWY CODE - 11WA 460 - 1985 EDITION 2-8.8.1 Required self-olvsers/ $100 latching devices missing. LIFE SAFETY CODE - NPPA *101 - 1995 MITIMF 5-£11.4.1 Stairway/exit doors $100 dose not owing in the way of exit travel. 5-2.3-8.3 8.8 Nonconfor locx=g $100 devioe on exit doors. 6-3.1.8 Stairway/exit door are $100 secured 1n the open position. 5-2.2.5.4 Nonconforming storage Si00 room',bnder interior stairs. S-2._2_5.2. Exit doors loafed from 5100 Stairway side. 6-10.33.1 Exit sijus are not $100 properly illuminated. 7-5.2 Laundry.ahute is not $100 properly Self-olosing and latching. 7.8.2 Laundry chute room $100 door Is not properly self-closimg and. latohing. 7-5.2 nubb#sh chute is not $100 Properly self-olosing and latching. 7 8.£ Waste chute room door $100 is not properly self- closing and latching. --20- 02— 620 MAY -16-2002 09:12 CITY CLERKS OFFICE 305 858 1610 P.03 9-8.4.1 lnsdequa,te number of 5100 9=0 (Claee A) . 9-2.4.2 Inadequate number of 9100 exits (Class 8) 9-2.4.2 f road quate number of $100 exits (Class C) 9-2.5.1 Required exits are not $100 remote from each other. 9-2.5.5.9 pidth of required 3100 aiO168 is act properly maintained. 9-2.8 Nonconforming travel $100 diataace. 9-2.7,1 Honconforming exit $100 disobarge. g-2.8.1 Lighting inadequate $100 for means of egress. 9-2.9 Emergency lighting is $100 not provided. 9-2.10 aequsred exit gig= ase $100 not provided_ 8-2.11.1 Panio hardware not 5100 provided. 8-3.1 Vertiosl opening is 3100 not protected or enclosed. 11-1.7,1 Oocapant load exceed.; $100 approved capacity. 11-2.3.3.1 EXIV a000ea corridor $200 WJdth is nvneouforming. I1-2.4,1 Inadequate number of $200 exits. 11-2.6 NoacOnfarming travel $100 distance. 11-2.7 Exit discharge is $100 aonacnforming. 11-2.8 Exit 1lghting $100 inadoquatc , -21- 02- 620 MAY -16-2002 09:12 CITY CLERKS OFFICE 305 858 1610 P.04 11-2.11.5 Emergency rescue or $200 ventilation window not provided. 11-2.11.5 Window from classroom $200 is not provided. (12 or more;olients). 11-3,1.1 Vertical oponingo are $200 nQt enclosed or protected. 11-3.3.1 Interior finish is not $200 conforming. 11-3.4 No fire alarm System. $200 11-3.6.1 Nonconforming interior $200 corridor. 11-3,6.1 Inadequate fire rating $200 of exit corridor (12 or more'clients). 11-7.1.2 Nonoonformsug separation 5200 between day care a.ad other occupancy. 11-7.2.4.1 Inadequate number of $900 exits`. 11-7.2.8.2 Wonoenforming travel $200 distanoe . 11-7.3.0 Emergency lighting is $100 not provided (12 or more clients). 11-7.2.10 Exit signs are not $100 provided (12 or moro clients) _ 11-7.2.11.1 Nonconforming lstoh on $100 clos&b door. 11-7.3.11.2 Nonconforming look on $100 bathroom door. Vertical openiagai are 0200 not protected. 11 7.3.2 Hazardous areas are not $100 properly protected (1E or more clients). -22- 02-- 620 MAY -16-2002 09:12 CITY CLERKS OFFICE 305 858 1610 P.05 11-7.3.3.1 Interior finiah is not $200 oonf6rming. 11-7.3.4.1 Pirc alarm system $£00 missing/nonconforming. 11-7.6.1.2 Protective covers for 5100 electrical receptacles are not provided. 11-8.3.4.1 smoke dcteotore are 3100 not provided (7-12 clients). 11-9.3.4.2 No smoke detection $100 system in oorridors (7-12 ollents). 17-2.4.1 Iaad®quate number of $200 exits. 17-8.1.1 NonoonPormi.ng exit $200 disohs►rge . 17-2.7.2 Emit disChargen through 3200 interior of bul,ldiag . 17-3.1.1 Vertical opening In 3200 not enclosed or protected. 17-3.2.2 Hazardous areas are not $100 properly protected. 17-3.1.4 Single station smoke $100 detectors required in guest• rooms . 17-3.6.2 Nonconforming door $200 betw6en guest room and interior corridor. 17-3.5.3 Doors betveen bluest $100 rooms and corridors are not self -Gloving. 19-2.4.1 Inadequate number of 3800 exits. 19-2.7.1 Nonconforming exit $200 discharge. 19-2.7.2 Nonconforming exit 3200 (buildings 3 storseo or less). -23- 02- 620 MAY -16-2002 09:12 CITY CLERKS OFFICE 19-7.7.2 19 3.1.1 19-3.2.1 19--3.4.1 19-3.4.4.1 19-3.6.1 19-3.6.2 19-3.8.3 19-3.7.1 19-26 20-2.1.2 -24- 305 858 1610 P.06 Nonconforming exit $200 (buildings 4 stories or less). 8mergenoy lighting $10U is not provided. Rxit 'si.gns are not $100 provided. vertical opening not $200 protected (buildings 4 stories or more). Vertical opening not $200 protected (buildings 3 stories or Less). Hazardous area not $200 proteoted or separated. Fire alarm system 5200 required. Single station smoke 1200 detectors required in all living units, 8$1t a.Coess corridor $200 not protected, Doors between living $200 units and corridors not self-olooing and latching. Doors between living $200 unite and corridors not gyre rated. Smoke barrier is $200 exit'aaaess corridor not provided. Viol&zlou orders not $100 corrected. No 960ond means of $200 escape or alternate protection. U2-- 620 MAY -16-2002 09:14 CITY CLERKS OFFICE i 20-3.1.1 20-3.3.2 20-3.3.4 20-3.4 20-3.4 25-2.4.1 25-2.4.2 25-2.6.5 25-2.5.6 25-2.5.6 25-2.6 25-.2.7 25-2.8 25-2.9 25-2-10 23-3.1 305 858 1610 P.01 11 vertloal opening not $200 e=166ed or protected. No fire alarm system $200 No single or multiple $200 station smoke detectors. Transfer grills, $100 transoms, louvers in exit corridors. Guest room doors to $100 corridors not self- closing and latching. inadequate number of $200 exits for Class "A" and "B" stores. Inadequate number of $200 exits from Class "C" stores. Required aisle width $100 inadequate. Inadequate aisle width $100 for Class A store. No automatic sprinkler $500 system. Nonconforming travel $200 distance. Nonconforming exit $200 discharge. Exit illumination is $100 inadequate. Emergency lighting is $100 not provided for Class "A" and Class "B" stores. Exit signs are not $100 provided. Vertical openings are 5200 not protected or enolosed. -25- 02- 0 2 0 MAY -16-2002 09:14 CITY CLERKS OFFICE 305 858 1610 P.02 25-3.2.1 Hazardous area is not $100 protected or separated. 27-2.4 Inadequate number of $200 exits. 27-2.5.2 Common path of travel $100 or dead end corridor exceeds fifty (50) feet. 27--2.6 Nonconforming travel $200 distances.' 27-2.7.1 Nonconforming exit $200 discharge. 27--2.7.2 Exit discharges through $200 interior of building. - 27-2.8 Exit lighting is $100 inadequate. 27-2.9.1 Emergency lighting is $100 not provided. 27-2.10 Exit -sign is not $100 provided. 27-3.1.1 Vertical opening is $200 not protected or enclosed. 27-3.2.1 Hazardous area is not $100 protected or separated. 27-3.4.1 Fire alarm system $200 required. 27-4.2.1 No approved sprinkler $500 system for build over seventh -five (75) feet. 28-2.4.1 Inadequate number of $200 exits'. 28-2.8.1 Nonconforming travel $200 distance. 28-2.7 Nonconforming exit $200 discharge. 28-2.7.2 Exit discharges through $200 Interior of building. 02-. 6�,)o -26- MAY -16-2002 09:14 CITY CLERKS OFFICE 305 856 1610 P.03 r 25-2.9.1 28-2.10.1 26-3.1.1 29-2.4.1 29-2.6.1 29-2.7 29-2.7.2 29-2.8.1 29-2.9.1 29-2.10 29-3.1.1 s1-1.2.1 31-1.3.1 s1-1.3.1 31-I.3.1 31-1.3.1 31-1.6 Emergenoy lighting is $100 not provided. Exit signs are not $100 provided. Vertioal openings are $200 not protected or enclosed. Inadequate number of $200 exits. Nonoonforming travel $200 distanoe. Nonoonforming exit $200 discharge. Exit'disoharges through $200 interior of building. Exit lighting is $100 inadequate. Emergency lighting $100 is not provided. Exit signs are not $100 provided. Vertioal opening is $200 not enclosed or protected. Meaus. of egress is $100 obstruoted. single /multiple $100 station smoke detector needs servioing/replacing. Smergenoy lighting $100 is not operable. Required self-olosers/ $100 latching devices inoperative. Fire escape stairs need $100 mainteuanoe. Excessive storage of $ 00 � 620 flammable , liquids . 0 -27- x:� MAY -16-2002 09"14 CITY CLERKS OFFICE 305 858 1610 P.04 31-1.8 Improper storage of $100 flammable liquids. 31-6.4.1 Emergency exit $100 diagram missing. 31-3.1.2 Fire drills not $100 conduoted. 31-3.4.4 WastQbaskets/waste $100 containers are nonconforming. LIFE SAFETY GODS - BFPA #13 -1989 EDITION 4-2.5.1 Inadequate clearanoe $100 below sprinkler heads. LIFE SAFETY CODS - NFPA #33 - 1989 EDITION Chapter 8 Dangerous aooumulation $200 of combustible residue Inside spray booth. 8-6 Metal waste owns $100 required. 8-11 "No Smoking" signs $100 missing. LIFE SAFM CODE - BFPA #14 - 1990 EDITION 4-1 Fire department $100 connections obstruoted/ need caps. LIFE SAMY CODE - NEPA #30 - 1990 EDITION Chapter 2 Nonconforming storage $200 of flammable and oombustible liquids. LIFE SAFETY CODE - jPPA #96 - 1991 EDITION 8-2.1 Extinguishing system $100 for kitchen hood not serviced. STATE FIRE XARSHAL UNIFORM RULE TRMSIMIT POBLIC LODGING $STAj3LISMC&ffTS 4A-36.102 Inadequate staffing $200 ratio. ,A: " 305 858 1610 P.05 MAY -16-2002 09.14 CITY CLERKS OFFICE � f 4A-38.103(13) Number of 000upants $200 exceeds approved capacity. 4A-38.302(11) Nonconforming locks. $100 4A-36.302(12) Fire evacuatioa plans $100 and fire drills are not provided. 4A-38.302(13) Day care located on a $200 floor.•above the height permitted for the type of constructions. 4A-43.010 No sprinkler system $500 4A-43.011 leo standpipe and $500 hose °ByBtem . 4A-43-009 No automatic smoke $500 detection. 4A-48 Electrically supervised $100 fire alarm system needs service. CONVI�TIMM STORES PIORDA STQTMS - CHAPTER 90 90-346 Drop;safe or cash $100 management devioe missing. 90-346 Parking area lighting $100 report required. 90-346 Cash limitations sign $100 missing. 90-348 Rsoessive Window $100 slggnage . 90-346 Esoessive window $100 tinting. 90-346 No heLght marker at $100 entranoe. 80�ING ORDINANCE L1j000 OF TM CITY OF XIAYI Art. 9. Parking/storage of $ 50 Seo. 917.12 inoperable/untagged vehicles. ' off"' 4320-29- MAY -16-2002 09:14 CITY CLERKS OFFICE If Art. 9, Sea. 920.3 Art. 21, Sec. 2102 Art. 4, Sec. 401 Art. 4, Seo. 401 Art, 9, Seca. 917.3 Art. 9. Sec. 917.12 Art. 9, Seo. 908.9 Art. 21, Sec. 2103.1 Art. 9, Seo. 401 Illegal meohamioal Art. , Sec. Outside sales not Art. 4, Bea. 401 Art. 9, Seo. 917.3 Art. 9, Seo. 908.5 Art, 9, Sec. 401 Art. 4, Sec. 401 -30- 305 858 1610 P.06 Illegal parking of $100 commercial vehicles in residential Zone. Working without a $500 permit, building $500 and/or roofing, eto. Illegal meohamioal $200 repairs prohibited. Outside sales not $200 permitted. Parking on unimproved S 50 surfaces. 02-. 020 Outside storage of $200 miscellaneous mateiials, equipment and/©r debris. Provide vision $500 clearance. No Certificate of $500 Use. No sign permit. $500 Boat in front $100 yard and/or major recreational vehicle. Illegal units. $300 Removal of required $200 landitoape or failure to maintain required landscaping. use ©f home as office $500 Vithout, Class I permit. Use of home as a $600 business -prohibited. More than three $500 unrelated adults in one 4welling unit. 02-. 020 CITY CLERKS OFFICE 305 858 1610, P.07 MAY -16-2002 09:14 �- Art. 9, Recreational vehicle $200 Seo. 920.2.8 used as a living quarters. Art. 9. Parking/storage of $100 Sea. 920.4 construction equipment prohibited in residential zone. Art. 9, Hedge/fenoe higher $200 Sec. 908.6 thau;eight (8) feet in residential zone other than with required visi&lity triangle. Art. 9, Carport, awning and/or $500 Sec. 908.4 canopy without permit. Art. 4, Enoroaching in $500 Seo. 401 required yards/open space. Art. 41 Tree removal without $500 Sea. 401 permit (Environmental) Art. 4, Tree,removal Without $500 Seo. 401 permit (lion -Environmental) Art. 4, Beeping vacant - $500 Sea. 401 unsecured structure whioh•is considered a "public nuisanoe". Art. 6. Pailure to provide $500 Sec. 612 six-foot high C.B.S. wall. Art, 4, Schedule of District $500 Seo. 401 Regulations - Illegal rooming house. Art. 4, Illegal garage sale. $ SO Sec. 906.10 Art. 4, Occupying a live -aboard $500 Sec. 401 vessel (houseboat or housebarge). Art. 4, Barbed wire adjacent $200 Sec. 908.1 to residential. Art. 9, Temporary political $100 Sea. 928.3.12 oampgign signs. -31- 02-- 620 MAY -16-2002 09 15 CITY CLERKS OFFICE l Art. 9, Seo. 937. 1. Sea. 937.3 Art. 4, Seo. 401 Art. 9, Seo. 920.1 Art. 4, Sec. 401 Art. P. Sec. 917.4 Art. 9, Sec. 917.12 Art. 4, Sec. 401 Art. 4, sec. 401 Art. 4, Sec. 401 Art. 9 Seo. 917.13 Art. 9, Sec. 917.1 Art. 9, sec. 820.1.2 Art. 9, Seo. 917.3 Art. 9, Sea. 908.6 305 658 1610 P.08 Aduli entertainment $500 closer than 600 feet to re•�eideatial zone prop�ty . Adult -entertainment $500 not permitted in C-1 zone property. Mobile homes parking $500 prohibited. -32- Illegal mixed use. $200 Parking truok(s) used $200 as storage space. No required off-street $200 parking to be used as storage of materials or s-d"pplies. Illej,al C.B.R.F $500 without Certificate of Use. Illegal shed. $200 Illegal Rooming $500 House Without a Certificate of Use. Eliminating or $200 reducing off-street parking spaces . Failure to provide $500 required off-street park�ag . i 111ega1 office trailer. $800 Removal of handicapped. $200 sign. Improperly located $ 50 fence, wall or hedge. MAY -16-2002 09'15 CITY CLERKS OFFICE r 30,5 e5e 1610 P. 09 Art. 41 unlawfully establishing $ 75 Sec. 401 an unusual or new use without prior approval at public hearing. Art. 9, Illegally maintaining S 50 Sec. 917.12 or depositing junk or trash. Art. 9, Imprgperly using $100 Sec. 920.2.3 recreational vehicle or camping equipment. Art. 41 Maintaining a structure $ 50 Sec. 401 encroaching in required setbacks. Art. 9. Breotion, construction, $100 Sec. 925.2 posting, eto. of a sign without a permit. Art. 9, illegally maintaining $100 Sec. 926.8,2 blinking or flashing lights streamer lights, pennants, eto. Art. 9. Illegal revolving or $100 Sec. 926.6 rotating sign. Art. 9, Illegal use of sign $100 Sao. 926.5 vhi-x, uses word "stot" or "danger". Art. 4, Illegal neon sign. $100 Sec. 401 Art. 4, Failure to provide $100 Sec. 401 adequate number of off-street parking spaces. Art. 91 Failure to provide $100 Seo. 917.3 proper surface for parking area. Art. 4, improper use of $100 Seo. 401 parkiag area as commercial parking lot. Art. 4, Illegally operating $280 Sec. 401 a budiaess 1z a resi4ential zone. 02- 620 -33- MAY -16-2002 09:15 CITY CLERKS OFFICE 305 858 1610 P.10 { Art. Illegal sale of fruit $260 Sao, or mdrohandise from open stands or vacant lots. Art. 4. Failure to conduct $250 Sec. 401 a business from a completely enclosed building. Art. ,, Illegal storage of $250 Sec. materials or products in a safe condition; or illegal storage of materials above the height of a wall or fence. Art. 9, Failure to maintain $250 Sec. 905.2 the wall required to separate business from Failure to remove residential property. SOUTH FLORIDA BUILDIWG CODE VIOLATIONS 108.1(A) Failure to maintain a $100 building or structure in a safe condition; failure to maintain devioes or safeguards in good working order. 105,2 Failure to remove $100 debris equipment; materials, or sheds. 105.3, 305.5 Failge to secure $500 3324 buildings and equipment. 201.1(e) Failure to comply with $800 201.3(e) lawflil work stop order. 304.1 Failure to display $ 50 permit oard. 305.2 Failure to obtain $250 mandatory inspection. 307.5 Unlawfully connecting $800 utility servioe. 515 Failure to provide $ 80 required haudicapped accessibility. MAY -16-2002 09:15 CITY CLERKS OFFICE 305 858 1610 P.11 3302.2 (a) Exceeding allowable obstruction $ 80 of the public right of way with construction and/or demolition. (b) Allowing materials to obstruct $ 50 fire hydrant, lire -alarm box, man- hole, catch ba§iu and restriction of water flow to gutters. 3302.3 Failure to provide temporary 50 sidewalk which is properly guarded and not less than 5 feet wide. 3302.4 Illegal obstruction of an alley 3 50 or portion thereof in connection with construction or demolition. r 3302.5 Failure to protect sidewalks and $ 50 pavements fromidamage incidental to construction work. 3306.1 - Sidewalk shed Failure to provide sidewalk shed S 80 per S.F.S.C. - subsection (a), (b), (c) and (d). 3306.2 Failure to provide construction S s0 fence per S.F.H.C. 3318.8 Failure to prevent the falling S 80 of paint or debris over public sidewalks or other places of public use. 4611.1 (a) Unlawful disohargo of rainwater 80 or other liquid wastes or allowing same to be disposed onto or across public property or sidewalk." 02- 620 ,. , -35- MAY -16-2002 09:15 CITY CLERKS OFFICE 305 858 1610 P.12 Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in oonflict with the provisions of this Ordinance are hereby repealed. Section 3. 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. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 13th day of _ Februa!ry , 1992. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY CITY CLERK PREPARED AND APPROVED BY: PAMELA PRIDE -CAVIES ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: i^ i Q NN S, III CITY ATT PPC/ebg/bas/X865& 02- 620 -38- PROFESSIONAL SERVICES AGREEMENT AWARD SHEET ITEM: Hearing Officer DEPARTMENT: Office of Neighborhood Enhancement Team (NET) RECOMMENDATION: It is recommended that the City Manager negotiate and execute a Professional Services Agreement, with Special Master Maryanne Lukacs, to serve as hearing officer for the Office of Neighborhood Enhancement Team (NET) and preside over Solid Waste Sanitation Code Enforcement hearings and AwardSheet proceedings, render written findings and rulings, pursuant to §2-882 of the Code of the City of Miami, Florida, as amended on an as needed when needed contract basis for one (1) year, with the option to renew for one (l) additional year, for the Office of NET, in an annual amount not to exceed $10,000; with funds therefor hereby allocated from Account 02- 620