HomeMy WebLinkAboutItem #23 - First Reading OrdinanceWFD B ::se LAW DEFT
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J-92-295
5/11/92
ORDINANCE N0.
AN ORDINANCE AMENDING CHAPTER 45.S, ENTITLED
"FUDLIC 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 ADMENDMENT: 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' REQUIREMENT$ TO
INCLUDE RESIDENCY OR BUSINESS OFFICE WITHIN
THE CITY OF MIAMI; PROVIDING FOR THE TERMS OF
CHAIRPERSONS; ESTABLISHING REQUIREMENTS OF
AFFIRI4ATIVE VOTES BY AT LEAST THREE (3) BOARD
MEMBERS: AUTHORIZING THE CLERK OF THE BOARD
TO ADOPT AND USE OFFICIAL SEAT. 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 IJEARING;
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 45.5-11 45.5-2, 45.5-3, 45.5-4 AND
45.5-5 OF THE CODE OF THE CITY OF MIAMY,
FLORIOA, AS AMENDED; CONTAINING A REPEALER
PROVISION AND PROVIDING FOR A SEVERABILITY
CLAUSE.