HomeMy WebLinkAboutO-10720J-89-922
3/22/90
ORDINANCE NO. 010720
AN EMERGENCY ORDINANCE AMENDING CHAPTER 2,
ARTICLE X, ENTITLED "CODE ENFORCEMENT BOARD"
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY PROVIDING THAT THE CITY CODE
ENFORCEMENT BOARD EXERCISE ENFORCEMENT
JURISDICTION OVER THE FIRE CODE AND ALSO TAKE
COGNIZANCE OF THE PROVISIONS OF ALL TECHNICAL
CODES AND STANDARDS WHICH HAVE BEEN EXPRESSLY
INCORPORATED, APPROVED OR ADOPTED BY
REFERENCE IN ANY EXISTING CITY TECHNICAL
CODE; FURTHER PROVIDING THAT THE BOARD
EXERCISE ITS JURISDICTION OVER ALL PAST AND
FUTURE DULY ADOPTED AMENDMENTS TO SAID CITY
TECHNICAL CODES AND TAKE COGNIZANCE OF ANY
PAST AND FUTURE DULY AMENDED PROVISIONS OF
SUCH INCORPORATED, APPROVED OR ADOPTED
TECHNICAL CODES AND STANDARDS; PROVIDING FOR
THE APPOINTMENT OF TWO ALTERNATE MEMBERS TO
THE BOARD OF SEVEN MEMBERS; PROVIDING FOR AN
AUTOMATIC FORFEITURE OF MEMBERSHIP TO A BOARD
MEMBER AFTER HAVING THREE (3) CONSECUTIVE
ABSENCES OR MORE THAN FIVE (5) ABSENCES PER
CALENDAR YEAR; PROVIDING FOR ENFORCEMENT
PROCEDURES AND FINES FOR REPEAT VIOLATORS;
PROVIDING FOR EXTENSIONS OF COMPLIANCE DATES;
PROVIDING FOR RECORDING ORDERS OF THE BOARD
IN THE PUBLIC RECORDS OF THE COUNTY;
PROVIDING FOR ADMINISTRATION OF FINES AND
LIENS, AND ACCRUAL OF CONTINUING VIOLATION
PENALTIES; MORE PARTICULARLY BY AMENDING
SECTIONS; 2-391; 2-392, (b), (o) AND (d);
2-394(a), (o) AND (d); 2-395(a) (b), (o),
(d), (e), (f), (g) AND (h); AND 2-397(a),
(b), (o), (d), (e), (f) AND (g); FURTHER
CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
ti
WHEREAS, Sections 162.05, 162.06, 162.07, 162.09 and 162.10
of the Florida Statutes which interpret and deal with local code
enforcement boards recently have been amended; and
WHEREAS, the Code of the City of Miami, Florida, as amended,
should be amended to reflect said amendments to the Florida
Statutes and other recommended changes;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Sections 2-392, 2-394, 2-395 and 2-397 of
the Code of the City of Miami, Florida, as amended, are hereby
010720.
amended in the following particulars: I/
Sec. 2-391. Definitions.
Board means the code enforcement board.
a�ac • • c,4q •: ••ic ••- �c
• - r U C q • o • • • Rz • •
Code inspector means the authorized agent or
employee of the city so designated in section 2-393
whose duty it is to ensure code compliance.
Petitioner means the city.
Sec. 2-392. Composition; terms; organization;
role of city attorney.
(a) The city commission shall promptly
appoint a seven -member code enforcement board. Tile
the absence of board members and to assure a quorum at
every meeting. Members of the board shall be residents
of the city. Appointments shall be made in accordance
with the city charter on the basis of experience or
interest in the
subject matter jurisdietinn of the board. The
membership of the board shall whenever possible consist
of an architect, a businessperson, an engineer, a
general contractor, a subcontractor, and a realtor.
(b) The initial appointments to the enforcement
board shall be as follows:
1. Two (2) members appointed for a
term of one (1) year.
2. Three (3) members appointed for a
term of two (2) years.
3. Two (2) members appointed for a
term of three (3) years.
A-,,. One (1) alternate member shall be
appointed to the code enforcement
board for an initial term of two
(2) years. the other alternate
member shall be appointed to an
initial term of one (1) year and
thereafter both alternate members
shall serve terms of three (3)
years each.
Words and or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
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010720
* Any member or alternate member
may be reappointed from term to term upon the approval
of the a maJority vote of the city commission.
Appointments to fill any vacancy on the enforcement
board shall be for the remainder of the unexpired term
of office. If a member fails to attend two—(2) -vt
three (3) successive meetings
Pr±0r approval of tire ahatrperson, the board shah
the vavarrt or a total of more
member shall automatically forfeit his appointment. The
clerk of the board shall inform the city commission in
writing of such deolarat forfeiture, and the city
commission shall promptly fill such vacancy. The
members shall serve in accordance with the city charter
and may be suspended and removed by the city commission
for good cause shown. An alternate member may be
(c) The members of the board shall elect a
chairperson who shall be a voting member, from among
the members of the board. The presence of four (4) or
more members_ shall constitute a quorum of the board,
members. Members shall serve without compensation, but
may be reimbursed for such travel, mileage, and per
diem expenses as may be authorized by the city
commission or as otherwise provided by law.
(d) The city attorney or an assistant city
attorney acting by and through the city attorney shall
represent the city by presenting oases before the
board.
"Sec. 2-394. Enforcement Procedure.
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010720
{-c-}Ld_l if the code inspector has reason to
believe that a violation presents a serious threat to
the public health, safety and welfare or if the
violation is irreparable or irreversible in nature, the
code inspector, shall make a reasonable effort to
notify the violator and may immediately notify the
board and request a hearing. The code inspector, with
the approval of the city attorney, may proceed directly
with the procedure outlined in section 2-398 without
following the procedures of subsection (b), above."
"Sec. 2-398. Conduct of hearing.
(a) The chairman of the board may call
hearings of the board. Hearings may also be called by
written notice signed by at least three (3) members of
the seven member enforcement board or by 2 members of
the board and one (1) alternate Member. The board at
any hearing may set a future hearing date. The board
shall meet at least once every month but may meet more
often as the demand necessitates. Minutes shall be
kept of all hearings by the board and all hearings and
proceedings shall be open to the public. 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
boardLal for the proper performance of its duties.
board shall be reviewed by the city attorney or his
assistants prior to the board's hearing._
fb-�LQ I Each case before the board shall be
presented by ettirer the city attorney or an assistant
city attorney after he has determined that there is a
legally sufficient case to be presented.
f-clLdl The board shall proceed to hear the
cases on the agenda for that day. The city attorney
shall ensure the presence of a court reporter and all
testimony shall be under oath and shall be recorded.
The board shall take testimony from the code inspector
and other witnesses necessary to the case. The alleged
violator(s) and owner(s) of the subject property shall
be given an opportunity to testify if desired but may
not be compelled to offer testimony or any evidence
whatsoever. As in any administrative hearing, formal
rules of evidence shall not apply but fundamental due
process shall be observed and govern said proceedings.
fd}Lej At the conclusion of the hearing,
the board shall issue findings of fact, based upon the
evidence presented and made part of the record and
conclusions of law, and shall issue an order affording
the proper relief consistent with the powers granted
herein. The findings shall be by motion approved by a
majority of those members and alternate members present
and voting, except that at least four (4) members of
the board must vote in order for the action to be
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010720
offioial- maid four (4) members may inolUde alternate
board members. Any motion failing to obtain the above -
required vote shall preclude the relief requested by
the petitioner before the board as to the
administrative remedies afforded in this article. if
an appeal is taken, the record shall be presented to
the court on appeal and shall be subject to review.
The order may include a notice that it must be complied
with by a specified date and that a fine may be imposed
if the order is not complied with by said date. If the
order is not complied with by said date a certified
Stony of such order shall be recorded in the pul2lio
records of the county and shall constitute notice to
any subsequent p rohagerg, successors in interest_ or
wired by the board to acknowledge co pl a.nce.
ter)lii Once the alleged violator(s) has been
properly noticed as to the hearing before the board and
if the violator(s) fails to appear, the board may
proceed with a hearing on the merits of the alleged
violation. Any findings or orders resulting from such
hearing are valid and binding upon said violator(s) if
a violation is found to exist.
f-f`}!j_j Once the owner(s) of the property at
which the alleged violation has occurred has been
properly notified ±n wrtbtng of the hearing before the
board and fails to appear, the board may proceed with a
hearing on the merits of the alleged violation and any
findings or orders are valid and binding against said
owner(s).
fg-Y.j11 If a corporation is either the violator
or the owner of the property, notice as outlined herein
shall be effected upon the designated registered agent.
If the corporation is a foreign corporation that has
failed to comply with section 48.091, Florida Statutes,
notice shall be permitted to be [served] upon any
employee at the corporation's place of business or any
agent transacting business for it in this state.
Sec. 2-397. Administrative costs. fines; liens.
to-'Lhi The board, upon notification by the code
inspector or city attorney that an order of the board
has not been complied with by the set time ham
order the
violator(s) to pay a fine of not more
orethan two
hundred fifty dollars ($280.00) for each day the
010720
violation continues past the date set for compliance yr
hearing shall nob be Ileoes8XV2 for ±Msaanoe of an
order-.
'i'v-jLaj In determining the amount of the fine,
if any, the board shall consider the following factors:
(1) The gravity of the violation.
(2) Any actions taken by the violator
to correct the violation; and
(3) Any previous violations committed
by the violator.
{-o-}Laj A certified copy of an order imposing a
fine may be recorded in the public records and
thereafter shall constitute a lien against the land on
which the violation exists and upon any other real or
personal property owned by the violator and upon
petition to the oirouit court such order may be
enforced in the same manner as a court judgment by the
sheriffs of this state, including levy against personal
property, but shall not be deemed otherwise to be a
judgment of a court except for enforcement purposes.
Any fine imposed pursuant to this part shall continue
to accrue until the violator comes into compliance or
first. After stx—(8) three (3) months from filing of
any such lien which remains unpaid, the board may
authorize the city attorney to foreolose on the lien.
No lien created pursuant to Chapter 162, Florida
Statutes, may be foreclosed on real property which is a
homestead under Section 4, Article X of the State
Constitution.
td-YM No lien provided by the Local Government
Code Enforcement Boards Act shall continue for a longer
period than ftve (8� twenty (20) years after the
certified copy of an order imposing a fine has been
recorded, unless within that time an action to
foreclose on the lien is commenced in a court of
competent jurisdiction. in an action to foreclose a
incurs in the foreclosure. The continuation of the
lien affeoted by the commencement of the action shall
not be good against creditors or subsequent purchasers
for valuable consideration without notice, unless a
notice of lis pendens is recorded.
ter}Lg i The board may issue an order requiring
payment of such administrative costs not to exceed
fifty dollars ($50.00) when said costs are found to
have been incurred as a result of necessary actions
taken by the petitioner to bring about code
compliance."
ME
010720
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or in oonfliot with the provisions of
this Ordinance are hereby repealed.
Section 3.
If any
section, part
of
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 is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami.
Section 5. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four -fifths of the members of the Commission.
Section 6. This Ordinance shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 22nd
1990.
ATTES
MATTY IRAI
CITY CLERK,
PREPARED AND APPROVED BY:
PAMELA PRIDE-CHAVIES
ASSISTANT CITY ATTORNEY
PPC/ebg/M644
day of
March
XAVIER L. S AR Z, MAYOR
APPROVED AS TO FORM
AND CORRECTNESS:
CITY A
. FERNANDEZ
u
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010720
1-1EC-I:.I':'I:_I.I
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
Octelms V. Ferbeyre, who on oath says that she Is the
Supervisor 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. 10720
In the .... X;... y.. ?{ ............................ Court,
was published in said newspaper In the Issues of
April 6, 1990
Afflant further says that the said Miami Review Is a
newspp�par published at Miami In said Dade County, Florida,
publlshedhInssaid eDadepCounty, Floridaas e each dayt(excepl
Saturday, Sunday and Legal Holidays) and has been entered as
second class mall matter at the post office In Miami In said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached cc f advertisement; and
affianl further says that she has n er pa nor promised any
person firm or corporation an nt, bate, commission
or rqnZ for the pur ose o r g lhl adver Isement for
pu c o In the at new r
u.. . ....... .
`(`®wprs ioI��tjibed before me this
6... aey f ....�Ap r i 1 .9 ... A.D. 14...... .
�0
�CFIH. ..... .
.• /t�IptP� PIS State oLZFlorida at Large
(SEAL) �i •V ��
My CommissfCey. free AprIL
MR 114 ''��� " OF F
I I , 0P%��``�
c,tyMIAMLt�ia
All Int6hasted'parsoni will take notice that on the 22hd day b1-
March, 1990, 1rie City CommI86110h of Miami, FlotidA, Addipt6d the
following titled ordinances:
O�iDINANCSftib�10717 ;i
AN:EMERGENOY ORDINANCE A�IIEN-DING BEOTION 1 dF ,-
. ntreA�en rnwlawrvf
�bRD
AN ORDINANCE AMEN[
8Y
AFFECTED
`ORDINANCE NO 10y
AN ORDINANCE AMENDING THE 2014I
NANCE NO.,fd500; AS AMENDED; THE ZO!
THE CITY OF MIAMI. FLORIDAr BY CHI
NUE;'MIAMI, FLORIOAJMOF
HEREIN),'FROM RG•113 GENEF
FAMILY► 70 CRW.. COMMERC
ING -ALL THE NECESSARY (
SAID, ZONING. ATLAS,MADE A
BY REFERENCE AND, DESCR
300,,THEREOF; CONTAINING
SEVERABILITY CLAUSE.i
ORDINAN
AN EMERGENCY QRDINANC!
CLE X, ENTITLED.'CODE_EO
CODE OF THE CITY, OF'MIA!
CODE AND. ALSO TAKE COGN
ALL TECHNICAL CODES -AND
EXPRESSLY INCORPORATEt
REFERENCE IN ANY. EXISTIN
THER PROVIDING THAT THE
TION"OVERALL PAST:AND F'
MENTS .T.O SAiD'CITY TE
COGNIZANCE OF ANY PAST
PROVISIONS _OF.,SUCH INI
ADOPTED TECHNICAL CODE
FORTHE.APPOINTMENT OFF
THE BOARD OF SEVEN MEMI
Y
.tUb;' UU14 I Al ry 14U, AG "
LJTY CLAUSEr
f8
ICi ING, THE'CITY
DINANCE-TO°TRE
EPEALER;PROVI,
CTIVE DATE. ,.r;
ATLAS OF ORDI
31ORDINANCE OF : _ 1
ING:.THE -ZONING
17 SOUTHWEST, 22 <
UTHWEST'-34 AVE
�RL'Y;-DESCRIBED ..
RL,(ONE AND TWO
IAL; AND BYMAK•
PAGE ;N0.:4�"bF
)INANCE No. 9500
rICLE 3,.SECTION
)hnvictnm'etun a :. I
N0.10720 ,.
►MENDING CHAPTER 2, ARTI• i
CODE'; ENFORCEMENT,BOARDY
URISDICTION OVER •THE1 FILE•
IZANCE.OFTHE 'PROVISIONSOF .'
STANDARDS WHICH HAVEiBEEN
APPROVED CA ADOPTED.SY
4 CITY. -TECHNICAL CODE;, F.UR-
3OARD::EXERCI$E ITS JURISDIC-
JTURE DULY.ADOPTED AMEND, -
.HNICAL.CODES. AND. TAKE
AND FUTURE; DULY AMENDED;
,OR,PORATED, ;APPROVED;OR
3'AND STANDARDS;. PROVIDING;.
II
THAN FIVE (5) ABSENCES PER CALENDAR YEAR; PROVIDING
FOR ENFORCEMENT PROCEDURES AND FINES -FOR REPEAT
VIOLATORS; PROVIDING FOR: FXtENSIONS'OF'COMPLIANCE
DATES; PROVIDING FOR RECORDING ORDERS OF -THE BOARD
IN THE PUBLIC RECORDS OF:THE COUNTY, PROVIDING`FOR
ADMINISTRATION i OF FINES AND LIENS AND''ACCRUAL OF
CONTINUING VIOLATION PENALTIES; � MORE, PARTICULARLY
BY AMENDING SECTIONS; 2-391; 2.392, (b), (c) AND (d); 2.394(a),
(c) AND (d);,2.395(a) (b), (c), (d), (a), (f), (g) AND (h); AND 2.397(a),
(b), (c), (d), (a), (f) AND (g); FURTHER CONTAINING kREPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR'
AN EFFECTIVE DATE:
Said ordinances.may.be,Inspected by the public at the Office of
the City Clark, 3500 Pan American Drive, Miami, Florida, Monday
though, Friday, excluding holidays,. between the hours of 8:00 a.m.
and 5:00 pm)n
(0878)
MATTY HIRAI
CITY CLERK .
'MIAMI, FLORIDA
..r
418 90•4A40645M