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HomeMy WebLinkAboutCode Enforcement Board ReportJanuary 25, 2023 REPORT FROM THE CITY OF MIAMI CODE ENFORCEMENT BOARD TO THE CITY OF MIAMI CITY COMMISSION Arthur Noriega, City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 RE: Code Enforcement Board Annual Report 2022 Dear Mr. Noriega: As chairperson of the Code Enforcement Board (CEB), and pursuant to City Code Sec. 2- 890 regarding the annual report requirement of City boards and committees, I am pleased to provide you this annual report by answering the following questions listed below. As you may know, each commissioner may make one appointment of a regular member, two at -large, regular member appointments, and two alternate member appointments. All members are appointed on a volunteer basis and are not compensated in any manner. The CEB is both ethnically and gender balanced, reflecting the composition of the City of Miami. The CEB usually meets on the first Thursday, the following Wednesday and last Wednesday of every month at 5:00 pm at Miami City Hall. The last meeting of the month usually consists solely of Extensions of Time and Mitigation matters. Is the Board serving the purpose for which it was created? Yes, the CEB serves the purpose for which it was created. The purpose of the CEB is to promote, improve, and protect the health, safety, and welfare of the citizens of this municipality by authorizing its creation with the authority to impose administrative fines and other non -criminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances where a pending or repeated violation continues to exist. The CEB's actions have continued to serve the above -described purpose. A list of the Board's major accomplishments: The Code Enforcement Board hears cases scheduled by the Inspectors and by the Hearing Board Specialist. Inspectors schedule "To Be Heard" (TBH) cases. Hearing Boards schedule Extension of Time (EQT), Mitigation (MIT), Conditional Mitigation (OMIT) and Special Appearances (SA). These hearings are scheduled at the request of the property owner. The CEB in 2022 was tasked to enforce the post -Hurricane Irma requirement which required all Adult Living Facilities in the state of Florida to have a backup generator in place. The meeting was scheduled over two days in June and August. As a result of the hard work of Staff and the members of the CEB making themselves available for two (2) additional meetings in 2022 the City of Miami obtained compliance with the generator requirement, serving the CEB's purpose to promote, improve, and protect the health, safety, and welfare of the community and in this case the vulnerable elderly community. Is the Board serving current community needs? Yes, the CEB acts in a professional and honorable manner in proceeding to meet present community needs in its pursuit to promote, protect, and improve the health, safety, and welfare of the citizens of the City of Miami and ensures that no violation presents a serious threat to said community. However, the Board struggles to serve the community's needs when there is a lack of quorum or quorum is not obtained until well past 5 PM when the CEB is noticed to commence its regularly scheduled meetings. This struggle is due in part to the lack of appointments to the CEB by Commissioners. To that end, having seven {7) appointed members as contemplated by the City of Miami's Charter would alleviate this set back and assure that no meeting of CEB lack the necessary quorum requirement moving forward. Direct and Indirect Costs of the Code Enforcement Board: The undersigned is unable to comment on the direct and indirect costs associated with this Board because he and the Board are not privy to that information. The undersigned can attest that all the Board members volunteer their time and that the Board members do not receive any compensation. Is there any other board, either public or private. which would better serve the function of the CEB? No, there is no other board, either public or private, which would better serve the City of Miami. The CEB is a statutorily -created body under Florida Statute Chapter 162, Part I. The work the CEB conducts is distinctive and a valuable resource for the City of Miami and its constituents. Should the ordinance creating the Board be amended to better enable the Board to serve the purpose for which it was created? Yes. Given the number of cases which are set before the CEB it is suggested that cases which come before the CEB for their first Extension of Time be administratively resolved by the Chairman of the CEB, in consultation with City Staff, the CEB Board Attorney and Assistant City Attorney assigned to CEB, with any EOT beyond the first request going before the full CEB. This in turn will reduce the caseload of the CEB and shorten the length of the meetings to assure everyone has their case heard and the board is not laboring until 9:00 pm or later three times a month. To that end, the City Commission would need to amend the ordinance creating the CEB to permit for this administrative review of EOT's, permitting CEB and Staff to set forth criteria for administrative review. Additionally, regarding Mitigations for code violations, the City Commission should revise and clarify the newly implemented exceptions which are creating greater confusion instead of clarity for the CEB. Specifically, providing for a definition and criteria for determination of "homestead" property and when said exception would be applicable for the CEB's consideration. Should the Board's membership requirements be modified? No. However, the City Commissioners are encouraged to appoint members and alternates to fill the current vacancies on the CEB. There is currently one (1) vacancy on the CEB that should be filled to be able to better serve the community. The CEB members are volunteers that must be residents of the City and shall be responsible to enforce technical codes of the City of Miami. Appointments shall be made in accordance with the City Code, and on the basis of interest and experience in the relevant subject matter of the CEB. The membership of the CEB shall, whenever possible, consist of an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. Said requirements are proper and should not be presently modified but implemented. The CEB would request that the CEB 's caseload each meeting remain unchanged so that every property owner and member of the public has the ability to be heard without interruption and/or haste. Should you have any questions or need any further information, please do not hesitate to contact me. I may be reached through the Hearing Boards Division of the Planning Department. The telephone number is 305-416-2030. V-4 ose Garcia Chairman, City of Miami Code Enforcement Board