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10/22/80
ORDINANCE NO. 9 00 ti 4
AN ORDINANCE CREATING A CODE ENFORCEMENT
BOARD IN THE CITY OF MIAMI, PROVIDING FOR
TERMS OF OFFICE, ORGANIZATION, ENFORCEMENT
PROCEDURES, HEARINGS, POWERS OF THE BOARD,
PENALTIES, METHOD OF APPEAL;
FURTHER CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE
AND DISPENSING WITH THE REQUIREMENT OF READING
SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT
LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION.
WHEREAS, the 1980 Florida Legislature enacted Bill #CS/HB203
which Bill created Part V of Chapter 166, Florida Statutes,
enabling an incorporated municipality to create a Code Enforce-
ment Board to promote, protect, and improve the health, safety,
and welfare of the citizens of the municipality by providing an
equitable, expeditious, effective and inexpensive method of
enforcing the various occupational license, building, zoning,
sign and related technical codes in force within the municipality;
and
WHEREAS, the City Commission of the City of Miami finds it to
be in the best interest of the citizens of the City of Miami to
establish a Code Enforcement Board to enable the Police Department,
the Department of Building and Zoning Inspection, the Department
of Public Works, the Finance Department and repartment of Solid
Waste to more effectively enforce the Code of the City of Miami.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. Definitions.
(A) "Code inspector" means the authorized agent or em-
ployee of the City of Miami so designated in Section 3 hereof
whose duty it is to insure code compliance.
(B) "Board" means the Code Enforcement Board.
(C) "Petitioner" means the City of Miami.
Section 2. Code Enforcement Board
(A) The City Commission shall promptly appoint a six -
member Code Enforcement Board. Members of the Board shall
be residents of the City of Miami. Appointments shall be
made in accordance with the City Charter on the basis of ex-
perience or interest in the fields of zoning and building
control. 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
members
appointed
for a
term
of
I
year.
(2)
Two
members
appointed
for a
term
of
2
years.
(3)
Two
members
appointed
for a
term
of
3
years.
Thereafter, all appointments shall be for a term of 3
years. Any member may be reappointed from term to term upon
the approval of the City Commission. Appointments to fill any
vacancy on the enforcement board shall be for the remainder
of the unexpired term of office. Any member who fails to attend
two of three successive meetings without cause and without prior
approval of the chairman shall automatically forfeit his appoint-
ment, and the City Commission shall promptly fill such vacancy.
The members shall serve in accordance with the City Charter and
may be removed by the City Commission for good cause shown.
(C) The members of the Code Enforcement Board shall elect
a chairman. The presence of four or more members shall constitute
a quorum of the Board. 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.
(D) The City Attorney or an Assistant City Attorney acting
by and through the City Attorney shall represent the City of
Miami by presenting cases before the Code Enforcement Board.
Section 3. Code Inspector.
The following individuals and their designated agents,
acting by and through them are hereby authorized and it is
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9ti24
4
their duty to insure code compliance:
(A)
The
Director
of
the
Building and Zoning Inspection
Department
(B)
The
Chief of
the
Police Department
(C)
The
Director
of
the
Public Works Department
(D)
The
Director
of
the
Solid Waste Department
(E)
The
Director
of
the
Finance Department
Section 4. Enforcement Procedure.
(A) It shall be the duty of the individuals designated
in Section 3 to initiate enforcement proceedings of the various
code violations. Neither the Board nor any individual member of
the Code Enforcement Board shall have the power to initiate such
enforcement proceedings.
(B) Except as provided in subsection (C) hereof, if a
violation of the code is found, the code inspector shall notify
the violator in writing and give him or her a reasonable time
to correct the violation. Should the violation continue beyond
the time specified for correction, the code inspector shall notify
in writing the City Attorney who must approve all cases to be
presented before the Board. If approved by the City Attorney, the
code inspector shall request a hearing in writing pursuant to the
procedure outlined in Section 5. Written notice shall be mailed
to said violator as provided herein.
(C) If the code inspector has reason to believe that a
violation presents a serious threat to the public health, safety
and welfare; the code inspector, with the approval of the City
Attorney, may proceed directly with the procedure outlined in
Section 5 without following the procedures of subsection (B)
above.
Section 5. Conduct of Hearing.
(A) The chairman of the Code Enforcement 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 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
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9224
q
demand necessitates. Minutes shall be kept of all hearings by
the Board and all hearings 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 Board for the proper performance of
its duties.
(B) Each case before the Board shall be presented by either
the City Attorney or an Assistant City Attorney after he has de-
termined that there is a legally sufficient case to be presented.
(C) The Board shall proceed to hear the cases on the agenda
for that day. The City Attorney shall insure the presence of a
court reporter and all testimony shall be under oath and shall be
recorded. The Enforcement 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 compel-
led to offer testimony or any evidence whatsoever. As in any ad-
ministrative hearing, formal rules of evidence shall not apply
but fundamental due process shall be observed and govern said
proceedings.
(D) At the conclusion of the hearing, the Code Enforce-
ment Board shall issue findings of fact, based upon the evidence
presented and made part of the record. The Board shall make
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 present and
voting, except that at least three members of the board must
vote in order for the action to be official. Any motion failing
to obtain the above required vote shall preclude the relief re-
quested by the Petitioner before the Board as to the adminis-
trative remedies afforded by this ordinance. If an appeal is
taken the record shall be presented to the court on appeal and
shall be subject to review.
(E)(a) Once the alleged violator(s) has been noticed as to
the hearing before the Board and if the violator(s) fails to
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9224
f
W
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. Once the owner(s) of the property at which the alleged
violation has occurred has been notified in writing of the
hearing before the Board and fails to appear, the Board may pro-
ceed with a hearing on the merits of the alleged violation and
any findings or orders are valid and binding against said owner(s).
G. If a corporation is either the violator or the owner,
of the property, notice as outlined herein shall be effected
upon the designated resident agent. If the corporation is a for-
eign corporation that has failed to comply with Chapter 48.091,
Florida Statutes; notice shall be permitted to be upon any em-
ployee at the corporation's place of business or any agent trans-
acting business for it in this state.
Section 6. Powers of the Code Enforcement Board.
The Board shall have the power to:
(A) Adopt rules for the conduct of its hearings
pursuant to this Ordinance.
(B) Subpoena witnesses and documents to its hearings.
Notice violators to appear before the board. Subpoenas may
be served by the Police Department of the City of Miami.
(C) Subpoena evidence.
(D) Take testimony under oath.
(E) Issue orders having the force of law commanding
whatever steps are necessary to bring a violation into compliance.
(F) At the hearing before the Board, the alleged
violator and owner of the subject property shall be given the
opportunity to be represented by an attorney, to call witnesses,
to present documentary evidence, and to otherwise properly
present his position or defense.
(G) All forms, notices, etc. required by this ordi-
nance are to be drawn up and approved by the City Attorney.
5
8224
(H) All initial notices to violators and owners pur-
suant to this ordinance shall be sequentially numbered by the
department initiating the same and shall be preceded by the
following prefixes:
Building and Zoning Inspection Department - BZD
Police Department - PD
Public Works Department - PWD -
Solid Waste Department - SWD
Finance Department - DF
Each department shall keep records of all cases initiated by
that department. The prefix with its corresponding number shall
be the case number of the violation if brought before the Board.
(I) The board shall have a clerk appointed by the =
City Manager who shall be designated Clerk of the Code Enforce-
ment Board. Among other duties the Clerk shall be custodian of
all cases and documents pertaining thereto; to certify orders
and other documents issued by the Board; to issue subpoenas in
the name of the Board for service of process; to insure that fines
are recorded in the public records if they are not timely paid;
to notify the City Attorney of any lien that has not been paid
after the expiration of one (1) year from the date of filing
such lien.
Section 7. Fines.
The Code Enforcement Board, upon notification by the code
inspector or City Attorney that a previous order of the Board
has not been complied with by the set time, shall order the
violator(s) to pay a fine of not more than $500 for each day
the violation continues past the date set for compliance in
the Board's original order. A certified copy of an order im-
posing a fine may be recorded in the public records and there-
after shall constitute a lien against the land on which the
violation exists. After 1 year from the filing of any such lien
which remains unpaid, the Board shall authorize the City Attorney
to foreclose on the lien.
Section 8. Appeal.
An aggrieved party may appeal a ruling or order of the
6 9224
• 1 r-�
Code Enforcement Board by a Petition for a Writ of Certiorari
to the Circuit Court of the Eleventh Judicial Circuit of
Florida. An appeal shall be filed within 30 days of the exe-
cution of the order to be appealed.
Section 9. Notices.
All notices required by this ordinance shall be in writ-
ing and furnished by certified mail, return receipt requested,
or where mail would not be effective, by hand delivery by the
code inspector or his designated agent acting by and through
the code inspector. In all cases the owner of the subject pro-
perty shall be notified in addition to anyone else also charged
with an alleged violation occurring on the subject property.
Section 10. Non -Exclusivity.
The provisions of this ordinance are not the exclusive remedy
or means for enforcement of the Code of the City of Miami. The
City's access to the courts of the State of Florida is neither
precluded nor prohibited by the enactment of this ordinance.
Section 11. Repealer.
All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
Section 12. Severability.
If any section, subsection, clause, or provision of this
Ordinance is determined by any court of competent jurisdiction
- to be invalid, the remainder of this Ordinance shall not be
affected by such invalidity.
Section 13. The requirement of reading this ordinance on
two separate days is hereby dispensed with by a vote of not
less than four -fifths of the members of the Commission.
Section 14. The provisions of this ordinance shall become
7
9ti24
effective , 1980.
PASSED AND ADOPTED this 17th day of December , 1980.
Maurice A. Ferre
M A Y O R
TT ST :
CIT CLERK
PREPARED AND APPROVED BY:
a�
FRANK R. HARDER
Assistant City Attorney
APPRO ED AS TO FORM AND CORRECTNESS:
GE RGE F . KNOX , •JR .
City Attorney
8 _
9224
Mr. Richard Fosmoen
City Manager
=hr...: Deputy Chief Edward Proli
Acting Director
Department of Fire
'ITS Ci'' ;iAM rL'._;717:N
c� -
1:. December 9, 1980 _
o --
Code Enforcement
Board Ordinance
,i E Fff R E N C ES -
o-
_� Revised Ordinance
On December 8, 1980, I chaired a meeting with respect to the Ordinance
creating a Code Enforcement Board that was passed on first reading by
the City Commission on November 26, 1980. j n attendance were ten direc-
tors or their representatives and Mr. Frank Harder, Assistant City At-
torney.
As the original Ordinance has undergone considerable revision, I have
been advised that it will take a 4/5's vote of the Commission to approve
this Ordinance. The purpose of scheduling this Ordinance for the Decem-
ber 17 agenda is two -fold. First, the directors in attendance requested
an expeditious adoption of this Ordinance; and secondly, it is based upon
the fact that the Board of County Commissioners has passed, on first read-
ing, an ordinance that specifically exempts Metropolitan Dade County and,
indeed all municipalities, from creating such a Board. It was felt by
those in attendance that the City would be in a more advantageous position
to create and maintain this Board if the City Commission passed this Or-
dinance prior to the County government prohibiting Code Enforcement Boards.
The specific facts are herein listed;
1. A consensus of the department directors is that they wish the adop-
tion of this Ordinance.
2. The original Ordinance has been amended to reflect the concerns of
the department directors.
3. The Fire Department has been excluded from the provisions of this
Ordinance.
4. The County has passed on first reading, an Ordinance prohibiting the
creation of "Code Enforcement Boards" in the incorporated and unin-
corporated areas of Metropolitan Dade County.
5. The view of the County Attorney is that upon second reading of the
County Ordinance, municipalities would not be able to create a Code
Enforcement Board and, indeed, those that were created would have to
be abolished.
6. The view of the County Attorney, of course, would have to be deter-
mined legally; and our position would be enhanced if this Ordinance
was passed.
• 9224
Mr. Richard Fosmoen 2 December 9, 1980
7. It is believed that a considerable number of minor zoning and build-
ing code violations can be resolved by this Board, as the Metropol-
itan court system is overburdened and unable to handle their case
loads.
There will be costs associated with the formation of this Board in terms
of a court reporter and the transcription of testimony, the assignment
of an Assistant City Attorney to prosecute cases, certifying of mail,
and clerical help needed by the Board.
EP:df
7
-1V*—;wVAwwrdMI0 i**0*000106IM-1
'At Polo VAM
CffT OF MIAW I'l. RIDA
INTEI'1 OFFICE MEMORANDUM
E. Proli, Deputy Chief ,,,,,, December 8, 1980 ,-„�
Fire Department
,,,LJ„ Code Enforcement Board
Ordinance
4600(� 4- Request for Revision
lit FIlti.rv, c:;
George F. Knox, Jr.
City Attorney
Pursuant to your request, please find attached the revised
Code Enforcement Board Ordinance.
Please send us a copy of the transmittal letter -to the City
Manager on this legislation.
GFK/FRH/rr
cc: Richard Fosmoen, w/enc.
City Manager
G. Salman, Director, w/enc.
Bldg. & Zoning, Inspections Dep't.
Angela Bellamy, w/enc.
Assistant to City Manager
9224
MIAMI REVIEW
AND DAILY RECORD
Published daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Dianna Stuver, who on oath says that she Is the Assistant to the
Publisher of the Miami Review and Daily Record, a daily (except
Saturday, Sunday and Legal Holidays) newspaper, published at
Miami in Dade County, Florida: that the attached copy of adver.
tisement, being a Legal Advertisement or Notice in the matter of
CITY OF MIAMI
Re: Ordinance 9224
In the X X X Court,
was published in said newspaper In the issues of
December 22, 1980
Affiant further says that the said Miami Review and Deily
Record is a newspaper published at Miami, In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in sold Dade County, Florida, each
day (except 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 copy of ad'
vertisement; and affiant further says that has neither paid
nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication In the said newspaper.
GL+tt!240 jyGC: ..............
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(SEAL) �� '/'> ••.� r" Z %
My Commission exp14t4it4 isev,'
t�t,t:t;ycs�N
06teliOM" Ow9; MAS3Abil 3A AND 60H PALE
0* ANY SIMILAN TY" SAD- . WHEN 3PRr�!lP11ED
PHYSICAL CONUCt IS PROV atil tHE 1E�i11 laNTOP
SERVICES BY PERSONS OF tHE O1"Sl M AND
WHICH ALSO PROHIBITS UNDER CERTAIN CONDITIONS
ANY BUSINESS WHICH FEATURES ADULT PRIVATE
DANCING EXHIBITIONS WITH BOTH OF THE ABOVE
PROHIBITED BUSINESS ACTIVITIES, WHICH ARE
CURRENTLY IN EXISTENCE, 13ECOMINO UNLAWFUL
AFTER SIX (6) MONTHS FROM THE EFFECTIVE DATE OF
THIS ORDINANCE; BY AMENDING SECTION 31.26 TO
INCLUDE A SPECIFIC PENALTY PROVISION; by
REPEAL OF SECTION 31.21 AND SUBSTITUTING A NEW
SECTION 31.21 TO PROVIDE FOR LICENSING
PROCEDURES INCLUDING GROUNDS FOR DENIAL OF
SAID LICENSES; BY AMENDING SECTION 31-30 TO
PROVIDE FOR AN AUTOMATIC SUSPENSION OF A
LICENSE UPON FAILURE OF THE HOLDER OF SAID
LICENSE TO DISPLAY THE SAME TO ANY POLICE
DEPARTMENT PERSONNEL OR OTHER CITY OFFICIAL;
BY AMENDING SECTION 31.33 TO PROVIDE FOR THE
IMPOSITION OF THE PENALTY SPECIFICALLY
PROVIDED IN CODE SECTION 31-28; BY REPEAL OF
SECTION 31-37 AND SUBSTITUTING A NEW SECTION 31.37
TO ESTABLISH GROUNDS AND PROCEDURES FOR
REVOCATION AND SUSPENSION OF LICENSES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. 9212
AN ORDINANCE AMENDING SECTION 62.62 ENTITLED:
"REQUEST FOR REVIEW" OF THE CODE OF THE CITY
OF MIAMI, FLORIDA (1980), AS AMENDED, BY
PROVIDING FOR A RESCHEDULING FEE FOR ZONING
ITEMS RESCHEDULED BEFORE THE CITY COMMISSION
BASED ON THE ORIGINAL APPLICATION FEE, NOT TO
EXCEED FIVE HUNDRED DOLLARS ($500.00), SUCH FEE
TO BE PAID BY APPLICANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 9213
AN EMERGENCY ORDINANCE AMENDING SECTIONS 35-
91, 35-92, AND 35.93 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA (1980), AS AMENDED, ESTABLISHING RATES
AT CERTAIN ON -STREET PARKING METERS AND
CERTAIN OFF-STREET PARKING LOTS AND DELETING
FROM SAID RATE SCHEDULE CERTAIN OF SAID LOTS NO
LONGER IN OPERATION; ESTABLISHING RATES AT
MUNICIPAL PARKING GARAGES AND DELETING
PARKING GARAGE NO. 2 (WHICH IS NO LONGER IN
OPERATION) FROM SAID RATE SCHEDULE; PROVIDING
FOR THE EFFECTIVE DATE OF JANUARY 1, 1981 FOR
SAID RATES; RATIFYING AND CONFIRMING ALL ACTS
OF THE OFF-STREET PARKING BOARD AND ITS
DIRECTOR AS TO RATES HERETOFORE CHARGED;
FURTHER PROVIDING THAT THE DIRECTOR SHALL
CAUSE CERTIFIED COPIES TO BE FILED PURSUANT TO
SECTION 603 OF THE TRUST INDENTURE; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
ORDINANCE NO. 9214
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING OF E100' OF NW'/d
LESS S153' AND LESS E100' OF LOT 10, BLOCK 2; EDWARD
PENT HOMESTEAD (A-45), BEING APPROXIMATELY 2956
BIRD AVENUE, FROM R-2 (TWO FAMILY) TO R-3A (LOW
DENSITY APARTMENT), AND BY MAKING ALL THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP
MADE A PART OF SAID ORDINANCE NO. 6871, BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO, 9215
AN ORDINANCE AMENDINO►ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF LOT 7 LESS W)0' THEREOF AND ALL OF LOTS 8 THRU
14 INCLUSIVE; BLOCK 60N; MIAMI SOUTH HALF 59N AND
60N SUB (1-16S), BEING 600 BISCAYNE BOULEVARD, AS
FOLLOWS: LOT 14, FROM C-2 (COMMUNITY
COMMERCIAL) TO C-3 (CENTRAL COMMERCIAL), LOTS 7
THRU 13, FROM C-4 (GENERAL COMMERCIAL) TO C-3
(CENTRAL COMMERCIAL), AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP -
MADE A PART OF SAID ORDINANCE NO. 6871, BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE,
ORDINANCE NO.9216
AN ORDINANCE AMENDING ORDINANCE NO. 6811, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF LOTS 10 AND 19, BLOCK 2; EDGEWOOD (8.105), BEING
676 NORTHWEST 27TH STREET, FROM R-4 (MEDIUM
DENSITY MULTIPLE) TO C-4 (GENERAL COMMERCIAL),
AND BY MAKING THE NECESSARY CHANGES IN THE
ZONING DISTRICT MAP MADE A PART OF SAID
ORDINANCE NO. 6871, BY REFEIzt=tyc_ta eNn
t"NANCE NO. 9219
AN Wt AbitNItY 6*6INANCE AMENDING xTelI NS 2
AND 5 OF 19tID1NANt;E No. 0170, AMR #ED E t ER`R:
1910, THE ANNUAL APPROORIA1'tt bR 1111AM G �
THE FISCAL YEAR ENDING SEPfEMEit S f'
APPROPRIATING FkOM THE BUILDING ANDn 1u" ''
MAINTENANCE OEPARtMENfi, MOTOR' 060L
MAINTENANCE DIVISION, FY '10 RETAINED,EAR�11 IS>I<n-,
AN AMOUNT OF 10,�; INCREASINO ANTICIpA tsCil
REVENUES IN 'fHE SAME AMOUNT
REVENUES
It I., INTO THE MOTOR 0DOL
APPMAINTENANCE DIVISION t0 PROVIDE
SUPPLEMENtARY FUNDING FOR tHE _PURCHASE OF
MOTOR POOL REPLACEMENT VEHICLES; CONTAIN NG
A REPEALER PROVISION AND A SEVERA81 f1P;
CLAUSE.
ORDINANCE NO. 9220 AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF
ORDINANCE NO. 9111, ADOPTED OCTOBER 3, 1"0, THE
ANNUAL APPROPRIATIONS ORDINANCE :FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1981, AS
AMENDED; BY INCREASING THE APPROPRIATION FOR, _
THE GENERAL FUND, POLICE DEPARTMENT IN THE!,
AMOUNT OF $75,000; BY DECREASING THE
APPROPRIATION FOR THE ENERALSPECIL
PROGRAMS AND ACCOUNTS, PUBLIC SAFETDY� FUND, IN
THE SAME AMOUNT) FOR THE PURPOSE OF FUNDING
THE REPLACEMENT OF SEVENTY (70) PEE(333)
VEHICLES AND THE PURCHASE OF THIRTY-THREE
NEW POLICE VEHICLES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE. _
ORDINANCE NO. 9221
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1
AND 5 OF ORDINANCE NO. 9179, ADOPTED OCTOBER 3,
1900, THE ANNUAL APPROPRIATIONS ORDINANCE FOR
THE FISCAL YEAR ENDING $EPTEMBEII 30, 1"1, AS
AMENDED; BY INCREASING THE APPROPRIATION FOR.
THE GENERAL FUND, HUMAN RESOURCE
DEPARTMENT. BY 19,236; DECREASING THE GENERA
FUND, SPECIAL PROGRAMS AND ACCOUNTS, -
CONTINGENT FUND, BY S4,081; INCREASING GENERAL
FUND REVENUES, MISCELLANEOUS REVENUES, BY
S5,15S; TO PROVIDE FOR BUILDING REPAIRS AND
EQUIPMENT REPLACEMENT REQUIRED AS A RESULT
OF BURGLARIES IN THE HUMAN RESOURCES
DEPARTMENT; CONTAINING A REPEALER PROVISION..
AND A SEVERABILITY CLAUSE.
It ORDINANCE NO.9222
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF
ORDINANCE NO. 9179, ADOPTED OCTOBER 3, 1980, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1981, AS
AMENDED; BY INCREASING THE APPROPRIATION FOR
THE GENERAL FUND, PLANNING DEPARTMENT, IN
THE AMOUNT OF $22,689; BY DECREASING THE
APPROPRIATION FOR THE GENERAL FUND, SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN
THE SAME AMOUNT, FOR THE PURPOSE OF FUNDING
TWO (2) NEW POSITIONS IN THE PLANNING
DEPARTMENT; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 9223
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION,
OPERATION,- REGULATION AND CONTROL OF CABLE
TELEVISION SYSTEMS WITHIN THE -MUNICIPAL
BOUNDARIES OF THE CITY OF MIAMI.
ORDINANCE NO. 9224
AN ORDINANCE CREATING A CODE ENFORCEMENT..
BOARD IN THE CITY OF MIAMI, PROVIDING FOR TERMS
OF OFFICE, ORGANIZATION, ENFORCEMENT.
PROCEDURES, HEARINGS, POWERS OF THE BOARD,
PENALTIES, METHOD OF APPEAL; FURTHER_
CONTAINING A REPEALER PROVISION AND, A
SEVERABILITY CLAUSE AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF,
THE MEMBERS OF THE COMMISSION.
ORDINANCE NO. 9225
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY
GRANT APPROPRIATIONS ORDINANCE, AS AMENDED;
BY ESTABLISHING TWO (2) NEW TRUST AGENCY FUNDS
ENTITLED: "COMPREHENSIVE MIAMI-DADE TRAFFIC:
SAFETY PLAN" AND "MOTORCYCLE RIDER COURSE";
APPROPRIATING FUNDS FOR THE OPERATION OF SAID
TRUST AND AGENCY FUNDS IN THE AMOUNTSOF 817,64
AND $10,290, CONTAINING A REPEALER PROVISION ANC
SEVERABILITY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS Of
THE MEMBERS OF THE COMMISSION,
ORDINANCE NO. 9226 ]t
AN QRDI
O,N,s. yr
COUNTY I
Before the undersigned authority personally appeared
Dianne Stuver, who on oath says that She Is the Assistant to the
Publisher of the Miami Review and Deily Record, a daily (except
Saturday, Sunday and Legal Holidays) newspaper, published At
Miami in Dade County Florida; that the attached copy of adver-
tsement, being a Legal Advertisement or Notice in the matter of
CITY OF MIAMI
Re: Ordinance 9224
In the X X X. ....... _..... Court,
was published In sold newspaper In the Issues of
December 22, 1980
AHlant further says that the sold Miami Review and Daily
Record Is a newspaper published at Miami, In said Dade
County, Florida, and that the sold newspaper has heretofore
been continuously published in sold Dade County, Florida, each
day (except Saturday, Sunday and Legal Holidays) and has
been entered as second class mall matter at the post office In
Miami, In said Dade County, Florida. for a period of one year
next preceding the first publication of the attached copy of ad-
verilsement; and affiant further says that has neither paid
nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication In the said newspaper.
..............
,`%..5'tvyrn eo Sad eabsr,Ilifad Bettye me this
22 YW Q.t?Cem�ber OD.18t..80.
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My Commission expires$' t!f� �i58ti•' 11 10
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LEGAL NOTICE
All Interested will take notice that on the 17th day of December,
1980, the City Commission of Miami, Florida Adopted the following
titled ord(nantos:
ORDINANCE NO. 9211
AN EMERGENCY ORDINANCE AMENDING SECTIONS 31-
1, '3146, 31-2k 31.30, 31-33, AND 31.V OF CHAPTER 31
ENTITLED "LICENSES, MISCELLANEOUS BUSINESS
REGULATIONS" OF THE CODE OF THE CITY OF MIAMI,
FLORIDA (19A0), AS AMENDED, IN THE FOLLOWING
RESPECTS: BY ADDING NEW SUBSECTION (0) TOSAIP
SECTION 31.1 WH)CN PRQHIBITS, SUBAECT TO CERTAIN
SECTION 31.37 AND SUBSTITUTING A NEW SECTION 11.37
TO ESTABLISH GROUNDS AND PROCEDURES FOR
REVOCATION AND SUSPENSION OF LICENSES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. 9212
AN ORDINANCE AMENDING SECTION 62.62 ENTITLED:
"REQUEST FOR REVIEW" OF THE CODE OF THE CITY
OF MIAMI, FLORIDA (1910), AS AMENDED, BY
PROVIDING FOR A RESCHEDULING FEE FOR ZONING
ITEMS RESCHEDULED BEFORE THE CITY COMMISSION
BASED ON THE ORIGINAL APPLICATION FEE, NOT TO
EXCEED FIVE HUNDRED DOLLARS (SS00.00), SUCH FEE
TO BE PAID BY APPLICANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.-9213
AN EMERGENCY ORDINANCE AMENDING SECTIONS 35-
91, 3S-92, AND 35-93 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA (1980), AS AMENDED, ESTABLISHING RATES
AT CERTAIN ON -STREET PARKING METERS AND
CERTAIN OFF-STREET PARKING LOTS AND DELETING
FROM SAID RATE SCHEDULE CERTAIN OF SAID LOTS NO
LONGER IN OPERATION; ESTABLISHING RATES AT
MUNICIPAL PARKING GARAGES AND DELETING
PARKING GARAGE NO. 2 (WHICH IS NO LONGER IN
OPERATION) FROM SAID RATE SCHEDULE; PROVIDING
FOR THE EFFECTIVE DATE OF JANUARY 1, 1"1 FOR
SAID RATES; RATIFYING AND CONFIRMING ALL ACTS
OF THE OFF-STREET PARKING BOARD AND ITS
DIRECTOR AS TO RATES HERETOFORE CHARGED;
FURTHER PROVIDING THAT THE DIRECTOR SHALL
CAUSE CERTIFIED COPIES TO BE FILED PURSUANT TO
SECTION B03 OF THE TRUST INDENTURE; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
ORDINANCE NO. 9214
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING OF E100' OF NWI/a
LESS S1ST AND LESS E100' OF LOT 10, BLOCK 2; EDWARD
PENT HOMESTEAD (A-45), BEING APPROXIMATELY 2956
BIRD AVENUE, FROM R-2 (TWO FAMILY) TO R-3A (LOW
DENSITY APARTMENT), AND BY MAKING ALL THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP
MADE A PART OF SAID ORDINANCE NO. 6871, BY
REFERENCE AND DESCRIPTION IN ARTICLE Ill,
SECTION 2, THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO. 9215
AN ORDINANCE AMENDINOORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF LOT 7 LESS W10' THEREOF AND ALL OF LOTS 8 THRU
14 INCLUSIVE; BLOCK 60N; MIAMI SOUTH HALF 59N AND
60N SUB (1-185), BEING 6W BISCAYNE BOULEVARD, AS
FOLLOWS: LOT 14, FROM C-2 (COMMUNITY
COMMERCIAL) TO C-3 (CENTRAL COMMERCIAL), LOTS 7
THRU 13, FROM C-4 (GENERAL COMMERCIAL) TO C-3
(CENTRAL COMMERCIAL), AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP
MADE A PART OF SAID ORDINANCE NO. 6871, BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO. 9216
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF LOTS 10 AND 19, BLOCK 2; EDGEWOOD (8.105), BEING
676 NORTHWEST 27TH STREET, FROM R-4 (MEDIUM
DENSITY MULTIPLE) TO C-4 (GENERAL COMMERCIAL),
AND BY MAKING THE NECESSARY CHANGES IN THE
ZONING DISTRICT MAP MADE A PART OF SAID
ORDINANCE NO. 6871, BY REFERENCE ANP
DESCRiPTION'AN ARTICL4 I Ili SBCT1081a>t;? 4
REPEAL7NG> ALL 01tDiNANC1ES, CODE'SEtt'IiDNS tD
PARTS,-THBREOF"4H CONFLICT AND' I:ONTAIMIIN6 a s:
SEVERADI ITY
ORDINANCE N0, 9217`sw
-AN ORDINANCE AMENDING'OIIRINANCE NO '61j1, AS,•
::IIMIRNDIrsD, THE .COMPREHENSIYE ZONI jIG O(iOLNANCE
FOR THE CITY OF., $Allllri?'pY" AahIN N$w
-PARAGRAPH(0) TQ SNB+SiSGT1QN:.
ART;)iCLI= X flltii113ENSt lt:[ll It liLoh aLx'l,'.' ,
HOME UPOND"CCONO TfONALAPPROVAL; BY
MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO.
687), BY REFERENCE AND DESCRIPTION IN ARTICLE Ill,
SECTION 2, THEREOF, BY REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO. 9718
AN ORDINANCE AMENDING ORDINANCE NO. (i171, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI BY DELETING SUB -SECTION (FA) OF SECTION
2 AND ADDING A NEW PARAGRAPH 011 TO SUBSECTION
(8), SECTION 2, ARTICLE XV - CENTRAL COMMERCIAL
- C-3 DISTRICT TO ALLOW AUTOMOBILE RENTAL
AGENCIES UPON "CONDITIONAL USE" APPROVAL
RATHER THAN AS A PERMITTED USE AND BY MAKING
THE ,NECESSARY CHANGES IN THE ZONING DISTRICT
MAP MADE A PART OF SAID ORDINANCE NO. 01171, BY
REFERENCE AND DESCRIPTION IN ARTICLE Ill,
SECTION S, THEREOF; BY REPEALING ALL
ORDINANCES, CODE-SECTIONS,OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
FISCAL YEAR ENDING SEPTEMBER 30, 1981, AS
AMENDED; BY INCREASING THE APPRQPR1AT10N FOR
THE GENERAL FUND, POLICE DEPARTMENT IN THE
AMOUNT OF %75,060; BY DECREASING tHE
APPROPRIATION FOR THE GENERAL FUND, SPECIAL
PROGRAMS AND ACCOUNTS, PUBLIC SAFETY FUND, IN
THE SAME AMOUNT; FOR THE PURPOSE OF FUNDING
THE REPLACEMENt OF SEVENTY (10) POLME
VEHICLES AND THE PURCHASE OF tHIRTY-THREE (33)
NEW POLICE VEEHICLES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. "21
AN EMERGENCY ORDINANCE AMENDING SECTIONS I
AND S OF ORDINANCE. NO. 9179, ADOPTED OCTOBER 3,
19W, THE ANNUAL APPROPRIATIONS ORDINANCE FOR
THE FISCAL YEAR ENDING $EPTEMBEI9 30, 1981,, AS -
AMENDED; BY INCREASING THE APPROPRIATION FOR
THE GENERAL FUND, HUMAN RESOURCE
DEPARTMENT BY $9,236; DECREASING THE GENERA
FUND, SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, BY $4,081; INCREASING GENERAL
FUND REVENUES, MISCELLANEOUS REVENUES, BY
115,155; TO PROVIDE FOR BUILDING REPAIRS AND
EQUIPMENT REPLACEMENT REQUIRED At A RESULT
OF BURGLARIES IN THE HUMAN. RESOURCES
DEPARTMENT; CONTAINING A REPEALER PROVISION ,
AND A SEVERABILITY CLAUSE. r•
ORDINANCE NO.9222
AN EMERGENCY ORDINANCE AMENDING SECTION,1'1)F
ORDINANCE NO. 9179, ADOPTED OCTOBER 3, 1911i,
ANNUAL APPROPRIATIONS ORDINANCE FOR`
FISCAL YEAR ENDING SEPTEMBER 30, 1911, AS , .,
AMENDED; BY INCREASING THE APPROPRIATHp&��PON'' 11
THE GENERAL FUND, PLANNING EPAIt3liAEN1y11C}`
THE AMOUNT OF $22,689; BY DECREASING`
APPROPRIATION FOR THE GENERAL FUND, SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT' FUND, 'IN "
THE SAME AMOUNT, FOR THE PURPOSE OF FUNDING
TWO (2) NEW POSITIONS IN THE PLANNING
DEPARTMENT; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE. N
09tDINANCE NO.9223
AN ORDINANCE PROVIDING FOR, THE CONSTRUCTION,.
OPERATION," REGULATION AND CONTROL OF CABLE, ...`
TELEVISION SYSTEMS WITHIN THE MUNICIPAL"-.%�,
BOUNDARIES OF THE CITY OF MIAMI.
ORDINANCE NO. 9224
AN ORDINANCE CREATING A CODE ENFORCEMENT_
BOARD IN THE CITY OF MIAMI, PROVIDING FOR TERMS -
OF OFFICE, ORGANIZATION, ENF•ORCEMSNT '-
PROCEDURES, HEARINGS, POWERS OF THE•SOARD,
PENALTIES, METHOD OF APPEAL; FURTHER
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE ,
DAYS BY A VOTE OF NOT LESS THAN FOUR•FIFTHS OF
THE MEMBERS OF THE COMMISSION.
ORDINANCE NO. 9225
AN ORDINANCE AMENDING SECTION i OF ORDINANCE . r'
NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY ,
GRANT APPROPRIATIONS ORDINANCE, AS AMENDED;
BY ESTABLISHING TWO (2) NEW TRUST AGENCY FUNDS
ENTITLED: "COMPREHENSIVE MIAMI-DADE TRAFFIC
SAFETY PLAN" AND "MOTORCYCLE RIDER COURSE";
APPROPRIATING FUNDS FOR THE OPERATION OF SAID
TRUST AND AGENCY FUNDS IN THE AMOUNTSOF S17,638
AND $10,290; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
ORDINANCE NO. 9226
AN ORDINANCE AMENDING SECTION 40.200 ENTITLED,
PLAN (ESTABLISHED BY ORDINANCE NO. 5624, MAY
1956) BY REASON OF SUCH MEMBER'SEMPLOYMENT,
A LABORER, WATCHMAN, OR CUSTODIAL WORKEILQ
RECEIVE MEMBERSHIP CREDIT FOR THE T11 94t
MEMBER WAS EMPLOYED IN THE: 1'MR.A
BETWEEN THE FOREGOING, PATES;',CWiT, IIllti
REPEALER PROVISION AND04"VE11AQ)I,LT>r
AND DISPENSING WITiCITHE RFrQ IR
READING SAME ON 2 SEI�ARATE.tIAYi
NOT LESS THAN FOUR•FJFTHS OF T
THE COMMISSION. I, x „ c 1 M