HomeMy WebLinkAboutO-10990J-92-295
5%11/92
10990
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 45.5, ENTITLED
"PUBLIC NUISANCE", OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, WHICH PROVIDED
FOR THE CREATION OF A NUISANCE ABATEMENT
BOARD ("BOARD"), AND SET FORTH ENFORCEMENT
PROCEDURES, PENALTIES, AND CONDUCT OF
HEARINGS, SAID AMENDMENT: DECREASING FROM
TWENTY FOUR (24) MONTHS TO SIX (6) MONTHS,
THE TIME FRAME FOR NUISANCE COMPLAINTS;
ESTABLISHING AN ALTERNATIVE REQUIREMENT FOR
SEVEN DOCUMENTED INSTANCES TO SUPPORT
FINDINGS OF PUBLIC NUISANCES IN LIEU OF A
CERTIFIED CONVICTION; ADDING REGULATIONS FOR
YOUTH GANG RELATED NUISANCE ACTIVITIES;
CHANGING THE BOARD MEMBERS' REQUIREMENTS TO
INCLUDE RESIDENCY OR BUSINESS OFFICE WITHIN
THE CITY OF MIAMI; PROVIDING FOR THE TERMS OF
CHAIRPERSONS; ESTABLISHING REQUIREMENTS OF
AFFIRMATIVE VOTES BY AT LEAST THREE (3) BOARD
MEMBERS; AUTHORIZING THE CLERK OF THE BOARD
TO ADOPT AND USE OFFICIAL SEAL FOR
CERTIFICATION OF DOCUMENTS; PROVIDING FOR THE
USE OF INDEPENDENT COUNSEL WITH COMMISSION
APPROVAL TO DEFEND THE CITY OF MIAMI WHEN THE
CITY ATTORNEY OR HIS DESIGNEE CITES CITY -
OWNED PROPERTY FOR ALLEGED NUISANCE ACTIVITY;
DECREASING THE NOTICE OF HEARING REQUIREMENT
FROM THIRTY (30) DAYS TO FIFTEEN (15)
CALENDAR DAYS; DECREASING NOTICE VIA POSTING
FROM TWENTY (20) DAYS PRIOR TO THE HEARING TO
TEN (10) DAYS PRIOR TO THE HEARING;
ESTABLISHING THE CLEAR AND CONVINCING
STANDARD AS THE BURDEN OF PROOF; CLARIFYING
THAT BOARD MAY PROCEED TO HEARING IN ABSENTIA
AGAINST PROPERTY OWNERS WHO FAIL TO RESPOND;
ESTABLISHING THE NUISANCE ABATEMENT BOARD AS
THE CITY MANAGER'S DESIGNEE FOR PURPOSES OF
NUISANCE RELATED OCCUPATIONAL LICENSE
SUSPENSION; MORE PARTICULARLY BY AMENDING
SECTIONS 45.5-1, 45.5-2, 45.5-3, 45.5-4 AND
45.5-5 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; CONTAINING A REPEALER
PROVISION AND PROVIDING FOR A SEVERABILITY
CLAUSE.
10990
WHEREAS, the Florida Legislature has authorized
municipalities to create the Nuisance Abatement Board to address
enumerated public nuisance activity; and
WHEREAS, the City of Miami Charter, Section 3(p) further
provides for the power to abate additional enumerated public
nuisances; and
WHEREAS, the Miami City Commissioner, adopted Ordinance
No. 10883 on May 9, 1991, which provided for the creation of a
Nuisance Abatement Board and setforth enforcement procedures,
penalties and conduct of hearings; and
WHEREAS, the Florida Legislature has created numerous
statutes addressing and defining public nuisances, and the City
of Miami wishes to clearly define the role of the Nuisance
Abatement Board, its jurisdiction, and procedural authority to
abate public nuisances in the interest of the health, safety and
welfare of its citizens; and
WHEREAS, the City Commission finds it necessary to amend
Ordinance No. 10883 to limit the operative period for complaints
of alleged nuisance related property use from twenty four (24)
months to six (6) months; include youth gang related nuisance
activity; require Nuisance Abatement Board members to either
reside in or conduct business from an office in the City of
Miami; limit chairperson to a one (1) year term per election of
the Nuisance Abatement Board; establish a quorum and requirement
of three (3) affirmative votes prior to any board action;
authorize clerk of the Board to adopt an official seal; provide
for independent outside defense counsel, with Commission
approval, in the event the City Attorney's Office must cite City -
owned property for nuisance activity; decrease notice of hearing
and posting requirements from thirty (30) and twenty (20) days to
fifteen (15) and ten (10) days respectively; establish the
prosecutorial burden of proof as clear and convincing evidence;
authorizing the Board to proceed in absentia and provide that
Nuisance Abatement Board will be the administrative designee of
the City Manager for purposes of Occupational License Suspension
(City Code Section 31-25);
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Sections 45.5-1, 45.5-2, 45.5-3, 45.5-4 and
45.5-5 of Chapter 45.5, entitled "Public Nuisance", of the Code
of the City of Miami, Florida, as amended, are hereby amended in
the following particulars:l/
1/ 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.
_ 3 _ 10990
"Sec. 45.5-1. Public Nuisances, Definitions.
(A) Any building, place or premises located in
the City which has been used on three (3) or more
occasions documented by substantiated incidences as the
site of the unlawful sale or delivery of controlled
substances, or for any act as defined in Chapter 893 of
the Florida Statutes, and where there has been at least
one (1) criminal conviction for the acts defined in
F.S. Chapter 893, within a six (6)
month period from the date of the first substantiated
incident, at the same location is hereby declared to be
an unlawful public nuisance. In the absence of a
certified conviction at the premises, the allegations
of Chapter 893 related public nuisance must be
substantiated by seven documented instances within a
six month (6) period from the date of the first
documented instance in order to support a finding of
public nuisance at the premises.
(B) Any building, place or premises located in
the City which has been used on three (3) or more
occasions, documented by substantiated incidences as
the site of the prohibited activities in Section 849 of
the Florida Statutes defined as, gambling, maintaining
a gambling house, illegal betting, bookmaking
activities, gambling promotion, possession and/or use
of gambling devices, and where there has been at least
- 4 - 10990
one (1) criminal conviction for the acts defined in
F.S. Chapter 849 within a six (6)
month period from the date of the first substantiated
incident, at the same location, is hereby declared to
be an unlawful public nuisance. In the absence of a
certified conviction at the premises, the allegations
of Chapter 849 related public nuisance must be
substantiated by seven documented instances within a
six month (6) period from the date of the first
documented instance in order to support a finding of
public nuisance at the premises.
(C) Any building, place or premises located in
the City which has been used on three (3) or more
occasions, documented by substantiated incidences as
the site of the prohibited activities in Section 796 of
the Florida Statutes defined as, keeping, leasing or
letting a house of ill fame and/or allowing a premises
or room to be used for the purpose of prostitution,
lewdness or assignation; forcingL compelling or
coercing another to become a prostitute and/or deriving
support from the proceeds of prostitution and where
there has been at least one (1) criminal conviction for
the acts defined in F.S. Section 796 within a twenty
four (2 six (6) month period from the date of the
first substantiated incident, at the same location, is
hereby declared to be an unlawful public nuisance. In
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the absence of a certified conviction at the premises,
the allegations of Chapter 796 related public nuisance
must be substantiated by seven documented instances
within a six month (6) period from the date of the
first documented instance in order to support a finding
of public nuisance at the premises.
(D) Any building, place or premises located in
the City which has been used for acts enumerated in
Chapter 823 of the Florida Statutes, on three (3) or
more occasions documented by substantiated incidences
as the site of the prohibited activity defined as those
acts which tend to annoy the community or injure the
health of city citizens in general or corrupt the
public morals, and which have occurred as singular acts
in violation of F.S. Chapter 823 or in any collective
combination of the various sections thereunder, and
where there has been at least one (1) criminal
conviction for such acts within a six
month period from the date of the first
substantiated incident is further declared to be an
unlawful public nuisance. In the absence of a
certified conviction at the premises, the allegations
of Chapter 823 related public nuisance must be
substantiated by seven documented instances within a
six month (6) period from the date of the first
documented instance in order to support a finding of
public nuisance at the premises.
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(E) Any building, place or premises located in
the City which has been used on five (5) or more
occasions, documented by substantiated incidents as the
site of prohibited activity enumerated in City Code
Section 6-23 defined as keeping or harboring noisy
dogs, and/or the site of prohibited activities defined
in City Code Chapter 36 defined as being the cause
and/or source of loud, excessive, unnecessary or
unusual noise, and have• occurred either as the same
repeated acts in violation of City Code Section 6-23 or
City Code Chapter 36 or in any collective combination
of acts involving said Code provisions and where it can
be established by substantiated incidences that the
same property was used for such acts on five (5) or
more occasions within a six (6) month
period from the date of the first substantiated
incident, is hereby declared to be an unlawful public
nuisance.
Any building, place or premises located in
the City which has been used on three (3) or more
occasions, as documented by substantiated incidences as
the site of the prohibited activities as defined in
Section 874 of the Florida Statutes, for the purpose of
conducting a pattern of youth or street gang activity
and where there has been at least one criminal
conviction for a violation of Florida_ Statutes or a
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conviction wherein the penalty was reclassified
pursuant to Section 874.04 of the Florida Statutes
within a six (6) month period from the date of the
first substantiated incident, at the same location, is
hereby declared to be an unlawful public nuisance._ In
the absence of a certified conviction at the premises,
the allegations of Chapter 874 related public nuisance
must be substantiated _by seven documented instances
within a six month (6) period from the date of the
first documented instance in order to support a finding
of public nuisance at the premises.
tF G) For the purpose of this ordinance
"substantiated incident" shall mean any legally
prohibited activity and/or occurrence enumerated herein
for which a City Police officer has been dispatched to
investigate or which an officer independently arrives
at a location and makes a personal observation of a use
of property in violation of the law as enumerated
herein and makes a report of the prohibited activity
regardless of whether such occurrence results in an
arrest of any individual for the prohibited activity;
or in the case of a breach of City Code Section 6-23
and/or City Code Chapter 36, shall mean such acts may
be verified by observation or report from a Public
Service Aide employed by the police department.
10990
t(3 H) For the purpose of this Ordinance
"conviction" is hereby defined and applied in
accordance with the provisions of Rule 3.701(d)(2) of
the Florida Rules of Criminal Procedure.
tH-} ( I ) For the purpose of this Ordinance
"operator" means a tenant, lessee, lessor, owner or
person having possession or charge of as agent or
otherwise having interest in or control of the
building, place or premises.
tI-Y For the purpose of this Ordinance
"Complaint" shall mean the official process by which
cases are initiated and brought before the Nuisance
Abatement Board."
"Sec. 45.5-2. Creation of Nuisance Abatement Board.
(A) (1) The Nuisance Abatement Board of the City
of Miami is hereby created to serve as a quasi-judicial
forum in which controversies over the existence of
public nuisances may be resolved in the public interest
with due process of law. This Board shall consist of
five individuals fie—residences--are—located who
reside or maintain a business office within the City of
Miami and who are appointed by the City Commission.
Three members of the Board shall serve an initial term
of two years and two members of the Board shall serve
an initial term of three years. Thereafter, all
members shall serve a term of two years. The Mayor and
- 9 - 10990
each City Commissioner shall each nominate one member
for appointment to the Board. Upon expiration of
initial terms, subsequent appointments for two years
shall be made. Any member may be reappointed by the
City Commission for not more than three consecutive
terms. Appointments to fill a vacancy shall be for the
remainder of the unexpired term.
(2) Any member who fails to attend five
meetings within one year shall automatically forfeit
his/her appointment upon the Chairperson filing written
notice of such non-attendance with the City Clerk;
thereafter, the City Commission shall promptly fill
such vacancy for the remainder of the term.
(3) Members shall serve without compensation
but may be reimbursed for such travel, mileage, and per
diem expenses as may be authorized by the City Manager.
(B) (1) The members of the Board shall elect a
chairperson who shall be a voting member from among the
members of the Board. The member elected chairperson
shall serve as chairperson for a term of one (1) year
and may be re-elected to serve an additional term or
terms as chairperson.
The presence of three members shall
constitute a quorum of the Board. The affirmative vote
of at least three (3) members shall be necessary to
take action.
- 10 - 10990
The Board is authorized to establish its
own rules of procedures.
f-2t The chairperson of the Board may
call hearings of the Board. Hearings may also be
called by written notice signed by at least three
members of the Board. The Clerk of the Board may also
set future hearing dates. The Board shall attempt to
convene no less frequently than once every month but
may meet more frequently than once every month as the
Board may deem necessary as provided herein. Minutes
shall be kept of all hearings and all hearings shall be
open to the public. The Board may rely on advice from
independent legal counsel who shall be appointed by the
City Attorney. The City Commission, by and through the
City Manager shall provide all necessary clerical and
administrative staff support to the Board, including
space and necessary expenses which may be reasonably
required by the Board for the proper performance of its
duties.
t3t The City Manager shall designate
clerical and administrative personnel . as may be
reasonably required for the proper performance of the
Board's duties. The clerk so designated in writing by
the City Manager shall be the custodian of all Board
case files and documents pertaining thereto and shall
have the authority to certify orders and other
- 11 - 10990
documents issued by the Board; said clerk shall adopt
and use an official seal for this purpose; said clerk
is also empowered to administer an oath to witnesses
appearing before said Board and to issue subpoenas in
the name of the Board for service of process by any
City police officer.
f44t (6) The City Attorney or designee
thereof shall represent the City as prosecutor and
present cases before the Board, and shall not therefore
act as counsel for the Board.
(7) In the event that the City of Miami owns
or operates a building, place or premises which is the
subject of a nuisance Complaint, the Law Department
shall prosecute the Complaint and the City Attorney
must receive Commission approval to retain independent
counsel to defend the City of Miami's defense."
"Sec. 45.5-3. Procedures.
(A) (1) Any employee, officer of the City or any
resident of the City, may file a written Complaint
under oath with the Department of Police after giving
not less than three (3) days notice of such Complaint
to the owner of the place or premises regarding a
public nuisance as defined herein. Notice of the
Complaint shall be sent to the owner at his/her last
known address. "Notice" as used in this Subsection
shall be given to the operator at the operator's last
known address by mailing through the use of certified
- 12 - 10990
mail of written material informing the operator of the
Complaint to be filed.
(2) The Complaint shall state facts that
reasonably tend to establish the existence of a public
nuisance located within the City of Miami. Such
Complaint of a public nuisance shall only be for those
as enumerated in City Code Section 45.5-1 and Miami
City Charter Section 3(p)
r
(3) Any police officer making an arrest or
substantiating an incident or occurrence of any
statutory violation(s) or Code Section(s) set forth
herein or any Public Service Aide substantiating an
incident or occurrence of a breach of any City Code
Section(s) set forth herein and pursuant to information
or independent observation shall submit a copy of every
such report and/or offense incident report to the
Office of the Chief of Police or designee thereof who
shall process all such reports and determine when the
requisite number of occurrences or violations have
taken place as set forth in City Code Section 45.5-1.
(B)(1) In each case where such determination has
been made in accordance with Subsection (A) above, the
case shall be processed through the Office of the Chief
of Police and forwarded to the City Attorney for
his/her determination that such case is sufficient for
presentation to the board for its consideration and
disposition as provided herein.
- 13 - 10990
(2) The City Attorney, or designee thereof,
upon receipt of verification by the Office of the Chief
of Police that all administrative prerequisites have
been satisfied shall direct the clerk of the board to
prepare a case folder for a Complaint related to the
maintenance of the public nuisance as defined in City
Code Section 45.5-1. The City Attorney or designee
thereof prior to presenting a case to the Board shall
review said case for legal sufficiency and, if
applicable, shall promptly notify the Clerk of the
Board of any legal insufficiencies in the case.
(C)(1) The Clerk of the Nuisance Abatement Board,
shall schedule all hearings and issue hearing notices
serving the same (a) by sending written notice of said
hearing by certified mail, return receipt requested, or
(b) by hand -delivering said written notice to the
operator of the premises at the operator's last known
address at least thirty ( -0+ fifteen ( 15 ) calendar days
prior to the scheduled hearing. If an attempt to serve
notice upon the owner(s) and operator(s) by hand -
delivery or certified mail is unsuccessful, service of
the notice of the hearing may be made by posting the
premises as provided in Chapter 48 of the Florida
Statutes, such posting to take place not less than
twenty (2-0+ ten ( 10 ) calendar days before the scheduled
hearing date.
- 14 - 10990
(2) The notice of hearing shall include a:
a. statement of the time, place, and
nature of the hearing;
b. statement of the legal authority
and jurisdiction under which the hearing is to be held;
C. reference to the particular
sections of the statutes and/or ordinances involved;
and
d. a short and plain statement of
facts summarizing the incidents complained of."
"Sec. 45.5-4. Conduct of Hearings.
(A) The City Attorney, or designee thereof, shall
present evidence before the Board on behalf of the
City. All parties shall have an opportunity to present
evidence and argument on all issues involved, conduct
cross-examination and submit rebuttal evidence, and to
be represented by counsel.
(B) The Board may consider any evidence, including
evidence of the general reputation of the place or
premises. All testimony shall be given under oath and
shall be recorded. Formal rules of evidence shall not
apply, but fundamental due process shall govern the
proceedings. Orders of the Board shall be based upon
competent and substantial evidence.
The City Attorney or his designee shall have
the burden of proving the existence of an unlawful
public nuisance by clear and convincing evidence.
- 15 - 10990
-fEt (D) If the alleged violator(s) has been
properly noticed in regard to the hearing before the
Board and fails to appear, the Board may proceed with a
hearing in absentia, on the merits of the alleged
violation. Any findings or orders resulting from such
hearing are valid and binding upon said violator(s)."
"Sec. 45.5-5. Post Hearing.
(A) At the conclusion of the hearing and after
considering all evidence presented at such hearing, the
Board is authorized to issue findings of fact based
upon the evidence presented and made part of the record
that a public nuisance does not exist or that an
unlawful public nuisance does exist,-_
txUpon finding that an unlawful public
nuisance does exist the board shall immediately order
any one or all of the following:
(1) the discontinuance of the nuisance;
(2) the closing of the place or premises;
(3) the prohibition of conduct, operation,
or maintenance of any business or activity on the
premises, and/or business or activity which is
conducive to the maintenance of such nuisance which
prohibition may include the suspension or revocation of
any City occupational license issued or renewed
pursuant to the provisions of City Code Chapter 31.
- 16 - 10990
(4) the payment to the City of Miami by the
operator(s) of a fine of Two Hundred Fifty Dollars
($250.00) for an initial finding by the Board of the
existence of a public nuisance and Five Hundred Dollars
($500.00) for each subsequent finding in at or on the
same premises pursuant to Florida Statutes, Chapters
823.01 and 775.083(e). or
(5) the Board may order any combination of
r
subsection (B)(1), (2), (3), or (4) hereinabove.
For purposes of subsection (B) above, the
Nuisance Abatement Board shall function as the designee
of the City Manager for consideration of nuisance
related suspension or revocation of any occupational
license and the Board hearings shall be in lieu of City
Code Section 31-25 hearing.
fi3f D) The findings and orders shall be by
motion approved by a majority of those present and
voting. Any motion failing to obtain the required vote
shall preclude the issuance of said findings and order.
tet An order entered pursuant to this
Chapter, shall expire after one (1) year or at such
earlier time as stated in the order. The board may
retain jurisdiction to modify said orders prior to the
expiration of said orders, where just cause is found to
exist.
- 17 - 10990
-ft3 ) The board may bring a complaint under
Section 60.05 of the Florida Statutes seeking a
permanent injunction against any nuisance described
herein."
Section 3. Rights Preserved. This Section does not
restrict the right of any person to proceed under Section 60.05
of the Florida Statutes, against any public nuisance.
Section 4. All Ordinances or parts of Ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 5. If any phrase, clause, sentence, paragraph or
section of this Ordinance shall be declared invalid or
unconstitutional by the judgment or decree of a court of
competent jurisdiction, such in validity or unconstitutionality
shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance.
Section 6. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 14th day of
May , 1992.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 11th day of June , 1992. Z//", /--�
ATTEST:
MATTY HIRAI, CITY CLERK
10990
PREPARED AND
DAVID"VORES''TI
ASSISTANT CIT
D BY:
., JR.
ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
INN ES, II
CITY AT 0 EY
DOF/kd/bss/M900
- 19 - 10990
cjl.ffv of �iami
OE,
MATTY HIRAI 3
City Clerk
July 20, 1992
Mr. Robert L. Laslie
Vice -President - Supplements
Municipal Code.Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Mr. Laslie:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10990
10991
If I can be of any further assistance, please do not hesitate to
call.
Very truly yours,
Valerie GreeVnoo d
Deputy City Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330705/Miami, Florida 33233-0708/(305) 250-5360
0..Jt-q of �iami
01 r
MATTY HIRAI
City Clerk
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
July 20, 1992
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10990
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY: _ _ _
i
D PUTY CITY C K
RECEIVED BY:
-------------------------
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360
of �Niami
01
MATTY HIRAI �s
City Clerk `• ,,,,,, ,,,,,,
a n c
1
July 20, 1992
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
CESAR H. ODIO
City Manager
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10990
41161M
Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our fifes.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
DEPUTY CITY C ERK
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
r
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0706/(305) 250-5360
= o%
CITY OF MIA%1l F�ORIDA6
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members DA-E June 3, 1992 - J-92-295
of the City Commission
SUajECT
A. Quinn Jones, III
City Attorney
Pr000sed Ordinance:
Nuisance Abatement Board
REFERENCES
City Commission Meeting
ENCLOSURES June 11, 1992
The attached proposed ordinance is before you for
consideration for adoption on second reading.
The modification you directed upon first reading at the
May 14, 1992 City Commission Meeting has been incorporated.
Said modification requires prior City of Miami Commission
approval before employment of any independent counsel to defend
the City before the Nuisance Abatement Board, when and if City -
owned property is cited for Nuisance related activity.
AQJ:DOF:kd
10990
6-1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: - Honorable Mayor and Members DATE:
of the City Commission
SUBJECT
ROM A. Qtinn Jones, III REFERENCES
City Attorney
ENCLOSURES:
11
May 5, 1992 FILE J-92-295
Proposed Amendment Ordinance
Nuisance Abatement Board
The Nuisance Abatement Board has conducted several hearings
and the following amendments are proposed to clarify procedural,
substantive and technical requirements. These revisions will
insulate the Ordinance from any further constitutional challenges
and strengthen the Board's ability to expeditiously address
nuisance related activity within the City.
The amendments address the following provisions:
(1) Decreasing from twenty-four (24) months to six (6)
months, the time frame for nuisance complaints;
(2) Establishing an alternative requirement for seven
(7) documented instances to support findings of
public nuisances in lieu of certified conviction;
(3) Adding regulations for youth gang related nuisance
activities;
(4) Changing the board members requirements to include
residency or business office within the City of
Miami;
(5) Providing for the terms of chairpersons;
(6) Establishing requirements of affirmative votes by
a least three (3) board members;
(7) Authorizing the Clerk of the Board to adopt and
use official seal for certification of documents;
(8) Providing for the use of independent counsel to
defend the City of Miami when the City Attorney or
his designee cites city -owned property for alleged
nuisance activity;
(9) 'Decreasing the notice of hearing requirement from
thirty (30) days to fifteen (15) calendar days;
10990
Honorable Mayor and Members May 5, 1992
of the City Commission Page Two
(10) Decreasing notice via posting from twenty (20)
days prior to the hearing to ten (10) days prior
to the hearing;
(11) Establishing the clear and convincing standard as
the burden of proof;
(12) Clarifying that board may proceed to hearing in
absentia against property owners who fail to
respond; and
(13) Establishing the Nuisance Abatement Board as the
City Manager's designee for purposes of nuisance
related occupational license suspension pursuant
to City Code Section 31.25.
DOF:AQJ:kd
10990
CITY O" MIAMI, FLORIDA
L► ,AL NOTICE
All interested persons will take notice that on the 11th day of
June, 1992, the City Commission of Miami, Florida, adopted the
following titled ordinances:
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
in the matter of
CITY OF MIAMI
ORDINANCE NO. 10990
in the ...........X .?�.?�...................... Court,
was published in said newspaper in the issues of
June 29, 1992
Affiant further says that the said Miami Review is a
newspaper published at Miami In said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami in said
Dade County, Florida, for a period of one year next preceding
Irefor
ication of the attached copy of advertisement; and
r says that she has neither paid nor promised any
or corporation any discount, rebate, commission
r the purpose of securing this advertisement for
the id newspap/er... .... , ...�C/
Sworn to and subscribed before me this
29th y of ......... June
............ I A.D. 19. 92.. .
�..... Q 4.,a ............
cr4ES I ..L
. R4A
(SEAL) Nr ARY FUELIC SPATE OF FIDRID
Sookie Will ms p@f�L4f�ldlirdd� Gie.li?ilsd
IvfY CUbShnIaS�UIV I;XP. r��1. G� 1�'S
ORDINANCE NO. 10986
AN ORDINANCE AMENDING ORDINANCE NO. 10912,
ADOPTED ON SEPTEMBER 11, 1991, WHICH ESTAB-
LISHED INITIAL RESOURCES AND INITIAL APPROPRIA-
TIONS FOR THE SPECIAL REVENUE FUND ENTITLED
'ASSET TRACKING," TO PROVIDE FOR AN INCREASE
IN THE AMOUNT OF $34,500 AS A RESULT OF A SUC-
CESSFUL APPLICATION FOR ADDITIONAL GRANT
FUNDS, AND AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT OF $34,500 FROM THE U.S.
DEPARTMENT OF JUSTICE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10987
AN ORDINANCE AMENDING ORDINANCE NO. 10913,
ADOPTED ON SEPTEMBER 11, 1991, WHICH ESTAB-
LISHED INITIAL RESOURCES AND INITIAL APPROPRIA-
TIONS FOR THE SPECIAL REVENUE FUND ENTITLED
"GEOGRAPHIC TARGETING PROGRAM," TO PROVIDE
FOR AN INCREASE IN THE AMOUNT OF $65,000 AS A
RESULT OF A SUCCESSFUL APPLICATION FOR ADDI-
TIONAL GRANT FUNDS, AND AUTHORIZING THE CITY
MANAGER TO ACCEPT THE GRANT OF $65,000 FROM
THE U.S. DEPARTMENT OF JUSTICE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10988
AN ORDINANCE REPEALING ORDINANCE NO. 10948,
ADOPTED FEBRUARY 13, 1992, IN ITS ENTIRETY; FUR-
THER AMENDING ARTICLE II, "BURGLARY AND ROB-
BERY ALARMS" OF CHAPTER 3.5. "ALARM SYSTEMS"
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY DELINEATING THE QUALIFICATIONS OF
BURGLAR ALARM SPECIALTY ELECTRICAL CONTRAC-
TORS;.BY SETTING FORTH PROVISIONS DEALING WITH
FALSE ALARMS INCLUDING THE INSTANCE WHERE A
SYSTEM FOR WHICH AN ALARM PERMIT HAS NOT BEEN
ISSUED OR HAS NOT BEEN RENEWED GENERATES A
FALSE ALARM; DELETING THE REQUIREMENTS OF.
INSPECTIONS BY POLICE AND A LICENSED BURGLAR
ALARM COMPANY AS A CONDITION PRECEDENT TO
REINSTATEMENT OF THE ALARM PERMIT; MORE
PARTICULARLY AMENDING SECTIONS 3.5-22, 3.5-23 AND
3.5-29 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO. 10989
AN ORDINANCE, RELATING TO THE HOMELESS,
AUTHORIZING THE CITY MANAGER TO EXPEND AN
AMOUNT, NOT TO EXCEED $45,000, FROM THE SPECIAL
REVENUE FUND ENTITLED "HOMELESS PROJECT,"
PROJECT NUMBER 192001, INDEX CODE NUMBER
261001, AS THE CITY OF MIAMI'S MATCH TO METRO -
DATE COUNTY, TO PROVIDE BEDS AND SPECIALIZED
TREATMENT FOR HOMELESS INDIVIDUALS HAVING
SUBSTANCE ABUSE PROBLEMS; FURTHER, AUTHORIZ-
ING THE CITY MANAGER TO EXECUTE ANY NECESSARY
AGREEMENTS WITH DADE COUNTY IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10990
AN ORDINANCE AMENDING CHAPTER 45.5, ENTITLED
"PUBLIC NUISANCE", OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, WHICH PROVIDED FOR
THE CREATION OF A NUISANCE ABATEMENT BOARD
("BOARD"), AND SET FORTH ENFORCEMENT
PROCEDURES, PENALTIES, AND CONDUCT OF HEAR-
INGS, SAID AMENDMENT: DECREASING FROM TWENTY
FOUR (24) MONTHS TO SIX (6) MONTHS, THE TIME
FRAME FOR NUISANCE COMPLAINTS; ESTABLISHING
AN ALTERNATIVE REQUIREMENT FOR SEVEN
DOCUMENTED INSTANCES TO SUPPORT FINDINGS OF
PUBLIC NUISANCES IN LIEU OF A CERTIFIED CONVIC-
TION; ADDING REGULATIONS FOR YOUTH GANG
RELATED NUISANCE ACTIVITIES; CHANGING THE
BOARD MEMBERS' REQUIREMENTS TO INCLUDE
RESIDENCY OR BUSINESS OFFICE WITHIN THE CITY
OF MIAMI; PROVIDING FOR THE TERMS OF CHAIRPER-
SONS; ESTABLISHING REQUIREMENTS OF AFFIRMATIVE
VOTES BY AT LEAST THREE (3) BOARD MEMBERS;
AUTHORIZING THE CLERK OF THE BOARD TO ADOPT
AND USE OFFICIAL SEAL FOR CERTIFICATION OF DOC-
UMENTS; PROVIDING FOR THE USE OF INDEPENDENT
COUNSEL WITH COMMISSION APPROVAL TO DEFEND
THE CITY OF MIAMI WHEN THE CITY ATTORNEY OR
THE DESIGNEE CITES CITY -OWNED PROPERTY FOR
ALLEGED NUISANCE ACTIVITY; DECREASING THE
NOTICE OF HEARING REQUIREMENT FROM THIRTY (30)
DAYS TO FIFTEEN (15) CALENDAR DAYS; DECREASING
NOTICE VIA POSTING FORM TWENTY (20) DAYS PRIOR
TO THE HEARING TO TEN (10) DAYS PRIOR TO THE
HEARING; ESTABLISHING THE CLEAR AND CONVINC-
ING STANDARD AS THE BURDEN OF PROOF; CLARIFY-
ING THAT BOARD MAY PROCEED TO HEARING IN
ABSENTIA AGAINST PROPERTY OWNERS WHO FAILTO
RESPOND; ESTABLISHING THE NUISANCE ABATEMENT
BOARD AS THE CITY MANAGER'S DESIGNEE FOR
PURPOSES OF NUISANCE RELATED OCCUPATIONAL
LICENSE SUSPENSION; MORE PARTICULARLY BY
AMENDING SECTIONS 45.5.1, 45.2, 45.3, 45.5.4 AND 45.5-5
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; CONTAINING A REPEALER PROVISION AND
PROVIQING FOR A SEVERABILITY CLAUSE.
ORDINANCE NO. 10991
AN ORDINANCE AMENDING CHAPTER 31, ARTICLE 11,
ENTITLED "SCHEDULE OF OCCUPATIONAL LICENSE
TAXES" OF THE CODE OF THE CITY OF MIAMI, FLORI-
DA, AS AMENDED, BY CLARIFYING THE DEFINITION OF
THE EXHIBITORS CLASSIFICATION AND PROVIDING FOR
A LOWER TAX WHEN THE EVENT IS HELD IN A FACIL-
ITY OWNED BY THE CITY OF MIAMI; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Said ordinances may be inspected by the public at the Office of
the. City Clerk, 3Pan American nn1ami Florida, Monday
the hours of 8:00 a.m.
through Friday, exclxcl uding holidays, between
and 5:00 P.M.
MATTY HIRAI
Or CITY CLERK
►Zw its MIAMI, FLORIDA
4Af CQ.F�cQ`
(0482) 92.4-062952M
6129