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Home My WebLink AboutO-13103Vop City of Miami W F .. * 15611is,F 1:A111 *'Ir Legislation i 0 R �O Ordinance: 13103 File Number: 09-00904 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/8/2009 (4/5THS VOTE) AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION," MORE PARTICULARLY BY AMENDING ARTICLE X ENTITLED "CODE ENFORCEMENT," BY INCREASING THE PENALTIES FOR VIOLATIONS OF ARTICLE 10 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statute 162.09 provides for enhanced code enforcement fines; and WHEREAS, Florida Statute 162.09(2)(d) allows a municipality having a population equal to or greater than 50,000 to adopt, by a vote of at least a majority plus one of the entire governing body of the municipality, an ordinance that gives code enforcement boards or special masters authority to impose fines not to exceed $1,000 per day per violation for a first violation and $5,000 per day per violation for a repeat violation; and WHEREAS, the population within the City of Miami ("City") is more than 50,000 residents; and WHEREAS, it is the intent of the City to promote, protect, and improve the health, safety, and welfare of its citizens by actively seeking compliance from violators of the City's codes and ordinances; and WHEREAS, in particular, violations of Article 10 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, entitled "Sign Regulations," will cause visual clutter and blight in the City; and WHEREAS, the City Commission wishes to authorize the enhanced fines for code enforcement violations in certain limited circumstances; 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 adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article X of the Code of the City of Miami, Florida, as amended, is amended in the following particulars: "CHAPTER 2 ADMINISTRATION City of Miand Page 1 of 3 File Id. 09-00904 (Version: 1) Printed On: 6/30/2017 File Number: 09-00904 Enactment Number: 13103 ARTICLE X. CODE ENFORCEMENT Sec. 2-814. Enforcement procedure. (a) It shall be the duty of the individuals designated in section 2-813 to initiate enforcement proceedings of the various code violations. Neither the board, nor any individual member of the board, nor a special master 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 request a hearing in writing pursuant to the procedure outlined in section 2-815 hereof. If approved by the city attorney, the violation will be scheduled for a hearing and written notice shall be given to said violator as provided herein. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the board or special master, even if the violation has been corrected prior to the hearing, and notice shall so state. (c) If a violation is found to have been repeated by a violator pursuant to F.S. § 162.04(5), or who admitted to violating the same provision within five years prior to the violation, the code inspector shall notify the violator that the violation must be cured immediately. The code inspector, upon notifying the violator of the repeated violation, shall then notify the code enforcement board or special master by requesting an immediate hearing. The code enforcement board or special master, through its clerical staff, shall promptly schedule a hearing before the board or special master and shall provide notice pursuant to F.S. § 162.12. The case may then be presented to and sanctioned by the enforcement board or special master even if the repeated violation has been corrected prior to the hearing, and notice shall so state. Upon finding that the same violation has been repeated by the same violator(s), the board or special master may order the violator(s) to pay a fine of not more than $500.00 for each day the repeated violation continues past the date set for compliance, for each time the violation has been repeated, unless the violation is of article 8.1 entitled "Tree Protection" of Ordinance No. 11000 of the zoning ordinance of the city,; Article 10 entitled "Sign Regulations" of Ordinance No. 11000 of the zoning ordinance of the cityf ;or of Chapter 62, Article 13, Sections 62-601 through 62-618 regarding murals entitled "Mural Reg la+;of this Code, then the fine will not exceed $5,000.00 per day per violation. (d) 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 or special master and request a hearing. The code inspector, with the approval of the city attorney, may proceed directly with the procedure outlined in section 2-815 without following the procedures of subsection (b), above. Sec. 2-817. Administrative costs, fines; liens. City of Miand Page 2 of 3 File Id. 09-00904 (Version: 1) Printed On: 6/30/2017 File Number: 09-00904 Enactment Number: 13103 (a) The board or special master, upon notification by the code inspector that an order has been complied with within the time specified in the order, shall accept such notification as acknowledgment of compliance and no fines shall be imposed. (b) The board or special master, upon notification by the code inspector or city attorney that an order of the board or special master has not been complied with by the set time for compliance, may order the violator(s) to pay a fine of not more than $250.00 per day per violation that continues past the date set for compliance by the notice of violation, unless the violation is of article 8.1 entitled "Tree Protection" of Ordinance No. 11000, the Zoning Ordinance of the City of Miami; Article 10 entitled "Sign Regulations" of Ordinance No. 11000 of the zoning ordinance of the city, or of Chapter 62, Article 13, Sections 62-601 through 62-618 regarding murals entitled "Mural Regulations- of this Code, then the fine will not exceed $1,000.00 per day per violation, and not more than $5,000.00 per day per violation for a repeat violation. However, if a Godo onfornomont beard or menial master finds "Treethe violation of aFtiGle 8.1 entitled " of OrdinanGe Ne. 11000 of the zening erdinanGe of the rit y or of arti� a entitled "Mural Regulations" of this Gede v�--crr�vrcy-�--vraizr cur-crca� c9��crcrvi-r.� Section 3. If any section, part of a 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 shall become effective thirty (30) days after final reading and adoption thereof.{2} Footnotes: {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. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id. 09-00904 (Version: 1) Printed On: 6/30/2017