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HomeMy WebLinkAboutO-12547City of Miami Legislation Ordinance: 12547 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00434 Final Action Date: 6/24/2004 (4/STHS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CODE ENFORCEMENT;" MORE PARTICULARLY, BY AMENDING SECTIONS 2-811, 2-812, 2-814 THROUGH 2-819, 2-821, 2-823 THROUGH 2-826, 2-828 THROUGH 2-829; REPEALING SECTION 2-822; ADOPTING, RATIFYING, AND REAFFIRMING THE CITY COMMISSION'S AUTHORIZATION OF THE USE OF SPECIAL MASTERS IN LIEU OF THE CODE ENFORCEMENT BOARD; ADDING NEW SECTION 2-830; PROVIDING FOR THE AFFIRMANCE AND ADOPTION OF AN ALTERNATE CODE ENFORCEMENT SYSTEM THAT GIVES SPECIAL MASTERS THE SAME AUTHORITY AS THE CODE ENFORCEMENT BOARD TO HOLD HEARINGS AND IMPOSE FINES, COSTS, LIENS, AND OTHER NON -CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY CODES AND ORDINANCES OF SAID CODE; PROVIDING FOR THE QUALIFICATIONS, APPOINTMENT, POWERS, COMPENSATION, AND RETENTION OF SPECIAL MASTERS; CLARIFYING THE ROLE OF THE CITY ATTORNEY WITH RESPECT TO SPECIAL MASTERS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR A RETROACTIVE EFFECTIVE DATE OFAPRIL 11, 2002; PROVIDING FOR INCLUSION IN THE CITY CODE. WHEREAS, Section 162.02 of the Florida Statutes, authorizes the creation of municipal administrative boards with authority to impose administrative fines and other non -criminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing codes and ordinances; and WHEREAS, it is the intent on the part of the City of Miami ("City"), pursuant to Florida Statute 162.02, to promote, protect, and improve the health, safety, and welfare of its citizens; and WHEREAS, pursuant to Florida Statute 162.03(1), each municipality may create or abolish local government code enforcement boards as provided in the Statute; and WHEREAS, a municipality may adopt an alternate code enforcement system which gives code enforcement boards or special masters designated by the local government body, or both, the authority to hold hearings and assess fines, costs, and liens against violators, pursuant to Florida Statute 162.03(2); and WHEREAS, a special master shall have the same status and powers as a code enforcement board pursuant to Chapter 162, Florida Statutes, the provisions of which are relied upon by the City in codifying this alternate code enforcement system; and WHEREAS, the Code Enforcement Board, currently, is overburdened with numerous cases; and City of Miami Page 1 of 12 File Id: 04-00434 (Version: 1) Printed On: 9/16/2016 File Number: 04-00434 Enactment Number: 12547 WHEREAS, the City Commission has previously approved and authorized the use of Special Masters in lieu of the Code Enforcement Board to preside over code enforcement cases; and WHEREAS, this Ordinance will be given a retroactive effective date of April 11, 2002, insofar as the vast backlog of code enforcement cases necessitated the City's engagement of special masters by passage of Resolution No. 02-392, on that date, in order to handle pending cases that had to be decided expeditiously; and WHEREAS, the appointment of special masters, as an alternative code enforcement system, gives rise to a rapid and inexpensive method for the City to address code violations; 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 by reference 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, entitled "Code Enforcement," is amended in the following particulars:{1} "Chapter 2 ADMINISTRATION Article X. CODE ENFORCEMENT Section 2-811. Definitions. * * Board means any of the code enforcement boards.- or special master(s), when serving in lieu of the Board, appointed pursuant to the applicable provisions of the City Code. Special Master(s) means a person(s) appointed by the City Commission, or pursuant to City Commission authorization, to preside over the code enforcement hearings in the same capacity as the Code Enforcement Board. As many special masters as deemed necessary by the City Manager shall be appointed. The special master(s) shall have the same status as an enforcement board, pursuant to Florida City of Miami Page 2 of 12 File Id: 04-00434 (Version: 1) Printed On: 9/16/2016 File Number: 04-00434 Enactment Number: 12547 Statute Chapter 162. The special master(s) shall be an attorney at law admitted to the practice law in the State of Florida, a member in good standing of the Florida Bar, shall possess outstanding reputations for civic pride, interest, integrity, responsibility and business or professional ability, and have significant knowledge of the City of Miami Code enforcement matters and City Code. For purposes of this Chapter, and all actions taken pursuant to its provisions, whenever a special master serves, instead of the enforcement board, including, but not limited to, holding hearings and assessing fines, costs, and liens, the terms "special master" shall be synonymous with the term "board." Section 2-812. Code enforcement board composition; terms; organization; role of city attorney. * e) No certificate of use shall be issued or renewed for a specific location or unit thereof which is the subject of an ongoing enforcement procedure pursuant to sections 2-814 and 2-823, if the subject violation is for illegal construction activity at said specific site. The certificate of use shall be withheld by the zoning administrator until such time as said violation is corrected and all attendant fines are paid in full, or the code enforcement board or special master or a court of competent jurisdiction issues an order determining that the subject construction activity is not illegal under applicable law. For purposes of this section, illegal construction activity shall mean the construction, erection, alteration, or repair of any building, structure, or property, including signage, demolition, excavation, or removal of any element thereof, without first obtaining the requisite permit therefor from the city. * Section 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 board hearing, and notice shall so state. (c) If a violation is found to have been repeated by a violator after having once been cited, 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 City of Miami Page 3 of 12 File Id: 04-00434 (Version: 1) Printed On: 9/16/2016 File Number: 04-00434 Enactment Number: 12547 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 board 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 each time the violation has been repeated. (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. Section 2-815. Conduct of hearing. a) The chairman of the board or special master may call hearings_ of the board. Hearings may also be called by written notice signed by at least three members of the seven -member enforcement board or by two members of the board and one alternate member or by the special master. The board or special master 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. The special master shall hold hearings as necessary. Minutes shall be kept of all hearings_ by the board and all 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 or special master, including space and necessary expenses which may be reasonably required by the board or special master for the proper performance of its duties. b) The chairman of the board or special master, prior to hearing the cases on the agenda of the day shall entertain special business or announcements forthcoming from the city attorney. Announcements or special business may include a request to reopen a case over which the board or special master still retains jurisdiction, and/or a request for an extension of time on a compliance date. All special business cases presented to the board or special master shall be reviewed by the city attorney or his assistants prior to the board's hearing. c) Each case before the board or special master shall be presented by the city attorney, an assistant city attorney or the city attorney's designee acting by and through the city attorney after he/she determined that there is a legally sufficient case to be presented. If the city attorney or assistant city attorney or the city attorney's designee prevails in prosecuting the case before the board or special master, the city attorney may be entitled to recover all prosecution costs incurred and such costs may be included in the lien authorized under 2-817. d) The board or special master 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 City of Miami Page 4 of 12 File Id: 04-00434 (Version: 1) Printed On: 9/16/2016 File Number: 04-00434 Enactment Number: 12547 oath and shall be recorded. The board or special master 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. e) At the conclusion of the hearing, the board or special master 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. If the hearing is before the board, the The findings shall be by motion approved by a majority of those members and alternate members present and voting, except that at least four members of the board must vote in order for the action to be official, and said four members may include 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 the hearing is before the special master, the special master shall issue the findings at the time of the hearing or within 15 days of the hearing. 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 copy of such order shall be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns that the violation concerns real property, and the findings therein are binding upon them as well as the violator and as such, constitutes a lien on said property. If an order is issued pursuant to this subsection and is complied with before or by the date specified in the order, the enforcement board or special master shall acknowledge compliance with such order and no notice shall be recorded in the public records. An affidavit acknowledging compliance shall be issued to the violator and to the board or special master. No hearing shall be required by the board or special master to acknowledge compliance. f) Once the alleged violator(s) has been properly noticed as to the hearing before the board or special master and if the violator(s) fails to appear, the board or special master 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. g) Once the owner(s) of the property at which the alleged violation has occurred has been properly notified of the hearing before the board or special master and fails to appear, the board or special master 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). Section 2-816. Powers of the code enforcement board and special master; miscellaneous administrative directions. (a) The board and the special master shall have the power to: (1) Adopt rules for the conduct of its hearings pursuant to this article. City of Miami Page 5 of 12 File Id: 04-00434 (Version: 1) Printed On: 9/16/2016 File Number: 04-00434 Enactment Number: 12547 (2) Subpoena witnesses and documents to appear at its hearings; notify violators to appear before the board or special master. Subpoenas may be served by the sheriff of the county or the police department of the city. (3) Subpoena evidence. (4) Take testimony under oath. (5) Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance. (b) At the hearing before the board; or the special master, 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. (d) All initial notices to violators and owners pursuant to this article shall be sequentially numbered by the clerk of the board or special master. Each department shall keep records of all cases initiated by that department. (e) The board or special master shall have a clerk appointed by the city manager who shall be designated clerk of the code enforcement board or special master. Among other duties, the clerk shall be custodian of all cases and documents pertaining thereto and shall have the authority to certify orders and other documents issued by the board or special master and to issue subpoenas in the name of the board or special master for service of process. The clerk shall ensure that fines are recorded in the public record, if they are not timely paid, and shall notify the city attorney of any lien that has not been paid after the expiration of two years from the date of filing such lien. The clerk may notify the city attorney that a lien has not been paid at any time after a lien has been filed. Section 2-817. Administrative costs, fines; liens. (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 for each day the violation continues past the date set for compliance. (c) In determining the amount of the fine, if any, the board or special master 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. City of Miami Page 6 of 12 File Id: 04-00434 (Version: 1) Printed On: 9/16/2016 File Number: 04-00434 Enactment Number: 12547 (d) Only the enforcement board or special master may reduce a fine once a violator has complied with the board's order, and for good cause shown. The board or special master however, hereby authorizes the city to mitigate fines with violators, provided that the total amount of the daily fine imposed by the enforcement board or special master may only be reduced to the percentage stated in the schedule below: Any reduction below the percentages set forth above must be brought before the board or special master for its approval. If subject fine is reduced and violator fails to pay said reduced fine within a period of 20 days from the day the officer offer to settle is made, then the original fine shall be reinstated. In addition to daily fines, violators shall pay cost(s) of prosecution, if any, which have been incurred by the city with respect to such violation. (e) A certified copy of an order imposing a fine shall 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 circuit 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 until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three months from filing of any such lien which remains unpaid, the city attorney shall be automatically authorized by the board or the special master to foreclose on the lien and the city shall make a determination within 45 days whether to proceed with foreclosure action. Once a determination to foreclose has been made, the city attorney shall promptly institute foreclosure proceedings. No lien created pursuant to F.S. ch. 162 may be foreclosed on real property which is a homestead under section 4, article X of the state constitution. The city attorney shall report to the board or special master at each meeting with respect to any foreclosure actions that have been instituted as well as any decision not to foreclose with respect to a lien. * (g) The board or special master may issue an order requiring payment of such administrative costs not to exceed $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. Section 2-818. Appeal. An aggrieved party, including the city, may appeal a final administrative order of the board or special master to the circuit court of the eleventh judicial circuit of Florida. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the board or special master. An appeal shall be filed within 30 days of the execution of the order to be appealed. Section 2-819. Notices. (a) All notices required by this article shall be in writing and furnished by certified mail, return receipt requested or by hand delivery by the sheriff or other law enforcement officer, code City of Miami Page 7 of 12 File Id: 04-00434 (Version: 1) Printed On: 9/16/2016 File Number: 04-00434 Enactment Number: 12547 inspector, or designated agent acting by and through the code inspector. In all cases the owner of the subject property may be notified in addition to anyone else anyone else also charged with an alleged violation occurring on the subject property. If notice is furnished by hand delivery, the notice can be left at the violator's usual place of abode with any person residing therein who is 15 years of age or older and informing that person of its contents. If the violator is a corporation, the notice can be delivered to the registered agent. (b) In addition to providing notice as set forth in subsection (a) hereof, at the option of the code enforcement board or special master, notice may also be served by publication, or posting, as follows: (3) Proof of posting shall be verified by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. Such notice shall be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be City Hall. * Section 2-821. Civil offense and penalties. The violation of any provision of any city ordinance or city Code section shall constitute a civil offense and be punishable by civil penalty in the amount as prescribed in section 2-829, or in an amount deemed appropriate by a hearing officer special master upon review and a finding that the violation exists or existed. Accordingly, there are hereby created and established code enforcement positions to be filled by hearing officers to facilitate enforcement of the sections-4+sted herein and which are contained in and enacted pursuant to this Code. Section 2 822. Qualification; appointment and removal of hearing officers {a) Hearing officers shall possess outstanding reputations for civic pride, interest, integrity, manager, or his/her designee, on the basis of experience or interest in code enforcement matters (b) The city manager or his/her designee shall appoint as many hearing officers as he/she deems necessary. Appointments shall be made for a term of one year. Any hearing officer may be reappointed at the discretion of the city manager. There shall be no limit to the number of reappointments for an individual hearing officer; provided, however, that a review as to removal or reappointment must be made for each hearing officer at the end of each of his/her one year term. The city manager shall have the authority to remove a hearing officer with or without cause. Appointments to fill any vacancy shall be for the remainder of the unexpired term. {c) Hearing officers shall not be city employees and shall be compensated at a rate determined by administrative order (d) The city attorney shall serve as general counsel to the hearing officer(s). If an appeal is taken from any decision of a hearing officer, the city attorney or his/her designee shall represent the city at such proceedings Section 2-823. Civil infraction enforcement procedures. (a) Code inspectors shall have the authority to initiate enforcement proceedings as listed below. No hearing officer special master shall have the power to initiate such proceedings. * * * (8) Instructions and due date for paying the civil fine or filing for an administrative hearing before a hearing officer special master to appeal the civil fine. (9) Notice that failure to request an administrative hearing within ten days after service of the civil infraction notice shall constitute a waiver of the violator's right to an administrative hearing City of Miami Page 8 of 12 File Id: 04-00434 (Version: 1) Printed On: 9/16/2016 File Number: 04-00434 Enactment Number: 12547 before the hearing officer special master, and that such waiver shall constitute an admission of violation and that a penalty may be entered against the violator for an amount up to maximum civil penalty. Section 2-824. Civil penalties. (a) Penalties for violations of the provisions of any city ordinances or city Code section, as amended, enforced by this article shall be in the amount as prescribed in the schedule of civil penalties in section 2-829 or in an amount deemed appropriate by a hearing officer special master. (b) Civil penalties assessed pursuant to this article are due and payable to the city on the last day of the period allowed for the filing of an administrative hearing before a hearing officer special master, or if proper appeal is made, when the appeal has been finally decided adversely to the named violator. Section 2-825. Rights of violators; payment of fine; right to appeal; failure to pay and correct. (a) A violator who has been served with a civil infraction notice shall elect either to: (1) Pay the civil penalty in the manner indicated on the infraction notice, and correct the violation; or (2) Request an administrative hearing before a hearing officer special master to appeal the determination of the inspector which resulted in the issuance of the civil infraction notice. (c) If the named violator, after notice, fails to pay the civil penalty and correct the violation (within the time specified), or fails to timely request an administrative hearing before a hearing officer special master, such failure shall constitute a waiver of the violator's right to an administrative hearing before a hearing officer special master. A waiver of the right to administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly. (d) Failure to correct the violation or file for an appeal within ten days after notice of the civil infraction has been provided will result in the case being forwarded to the code enforcement board or appropriate special master for further action. Section 2-826. Conduct of administrative hearing. * (c) The hearing officer speial ster shall conduct hems on a regularly scheduled monthlybasis or more frequently upon request of the city manager or his/her designee. No hearing shall be set sooner than 20 days from the date of service of the civil infraction. (d) All hearings before the hearing officer special master shall be open to the public. All testimony shall be under oath. Upon proper notice, a hearing may proceed in the absence of the named violator. (f) The city manager, or his/her designee, shall provide clerical and administrative personnel to facilitate the proper issuance of civil infraction notices, processing and review of cases as may be reasonably required, and for the proper performance of clerical and hearing officer's special master's duties. (g) Each case before a hearing officer special master shall be presented by the inspector or City of Miami Page 9 of 12 File Id: 04-00434 (Version: 1) Printed On: 9/16/2016 File Number: 04-00434 Enactment Number: 12547 representative of the department which issued the violation. (h) The hearing need not be conducted in accrdance with formal rules of evidencand those relating to witnesses. Any relevant evidence shall be admitted if the hearing officer special master finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. (j) The hearing officer special master shall make findings of fact based on the evidence in the record alone. In order to make a finding upholding an inspector's determination that a violation exists, the hearing officer special master must find that a preponderance of the evidence indicates that the violator was legally responsible for the infraction of the relevant section of the city ordinance or city Code as cited, and that a violation does/did in fact exist. (k) The prescribed time for correction of the violation given to the named violator and contained in the notice of violation shall be presumed to have been a reasonable time for correction. Upon presentation of relevant evidence by the named violator that the time for correction was not reasonable, the hearing officer special master may make a redetermination as to the reasonableness of the time for correction contained in the notice of violation, if the time was less than 30 days. * * * (m) The fact-finding determination of the hearing officer special master shall be limited to whether the alleged violation did in fact occur and, if so, whether the person named in the civil infraction is legally responsible for that violation. The hearing officer special master shall either affirm or reverse the determination of the inspector as to the responsibility of the named violator for the correction of the city ordinance or city Code violation. If the hearing officer special master reverses the determination of the inspector and finds the named violator not responsible for the alleged violation in the civil infraction, absent a successful appeal of the hearing officer's special master's ruling by the city, the named violator shall not be liable for the payment of any civil penalty. If the decision of the hearing officer special master is to affirm the inspector's determination of violation, then the following elements shall be included in the decision. (1) Amount of civil penalty; and (2) Costs of prosecution. (3) Verbal warning that failure to comply with date by which violation must be corrected will result in an automatic referral to the code enforcement board or appropriate special master. (n) The hearing officer special master shall have the power to: (1) Adopt procedures for the conduct of hearings; (2) Subpoena alleged violators and witnesses for hearings; subpoenas may be served by either the City of Miami police department or by the staff of the hearing officer special master; (3) Subpoena evidence; (4) Take testimony under oath; and (5) Assess and order the payment of civil penalties as provided herein. (o) A hearing officer special master shall not conduct a hearing if the named violator, prior to the scheduled hearing date, properly files, with a duly authorized city or county board of appropriate jurisdiction for an administration interpretation of the legal provision(s) on which the alleged violation was based. Upon exhaustion of the administrative review, finalization of the administrative order by such board or body, and the lapse of time for review of said interpretation, the hearing officer special master may exercise all powers granted to him by City of Miami Page 10 of 12 File Id: 04-00434 (Version: 1) Printed On: 9/16/2016 File Number: 04-00434 Enactment Number: 12547 this article. (p) The hearing officer special master shall be bound by the interpretations and decisions of the duly authorized city and county boards of appropriate jurisdiction concerning the provisions within their respective jurisdictions. In the event that such a board or body finds that the cited violation of the city ordinance or city Code has not been properly interpreted, that provision upon which the violation is based, shall prohibit a hearing officer special master from proceeding with the enforcement of the alleged violation. Section 2-828. Appeals of orders of hearing officers special masters. (a) The violator or the city may appeal an order of a hearing officer special master by filing a notice of petition for appeal with the Dade County Court. Such appeal shall be filed within 30 days of the issuance of the order by the hearing officer special master . A violator shall have the right to a de novo appeal provided that all other administrative remedies have been exhausted. (b) In the absence of reversal of a hearing officer's special master's ruling by an appellate court of competent jurisdiction, the findings of the hearing officer special master shall be conclusive as to a determination of responsibility for the city ordinance or city Code violation, and such findings shall be admissible in any proceeding not to collect unpaid penalties. If the violation is not corrected within ten days of the final order of the Dade County Court, the case will be forwarded to the code enforcement board or appropriate special master. * * * Section 2-829. Schedule of civil penalties. (c) Any violation of the code that is not specified within this section, or any other section of the code or zoning ordinance, shall be assessed a civil penalty of $250.00. Section 2-830. ALTERNATE CODE ENFORCEMENT SYSTEM CREATED. (a) The City of Miami establishes, pursuant to 162.03(2) Florida Statutes, which is deemed as being incorporated by reference herein, an alternate code enforcement system which gives code enforcement boards or special master(s) designated by the local governing body, or both, the authority to hold hearings and assess fines, costs, liens, and other non -criminal penalties against violators of the City of Miami Code, and/or Zoning Ordinance. (b) The City Commission may appoint special master(s), who shall be authorized to perform duties in the same capacity as the Code Enforcement Board. The City Commission will consider the qualified applicants submitted from the City Manager's office. The City Commission may also delegate, by Resolution, the appointment of special master(s) to the City Manager, who shall use the same criteria for their selection, as set forth in Section 2-811. The special master(s) will serve for a term of two years, with the reappointment from term to term upon approval of the majority vote of the City Commission. The special master(s) shall possess such qualifications as required by this chapter, shall be subject to appointment and removal, with or without cause, by the City Commission, and shall be compensated as set forth by City Commission resolution or in an agreement with the City Manager. City of Miami Page 11 of 12 File Id: 04-00434 (Version: 1) Printed On: 9/16/2016 File Number: 04-00434 Enactment Number: 12547 (c) The special master(s) shall hold hearings, assess fines, liens, or other non -criminal penalties and shall have all powers provided by law. (d) The city attorney, an assistant city attorney, or the city attorney's designee acting by and through the city attorney shall represent the city by presenting cases before the special master. (e) The Code Enforcement Board's attorney shall serve as general counsel to the special master(s)." Section 2-826. Conduct of administrative hearing. Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. 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 5. This Ordinance is declared to be an emergency measure on the grounds of the urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to enforce the Code violations which are taking place within the City of Miami on a daily basis and to generally carry on the functions and duties of municipal affairs. Section 6. The requirement of reading this Ordinance on two separate days is dispensed with by an affirmative vote of not less than four -fifths of the members of the City Commission. Section 7. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section," "article," or other appropriate word to accomplish such intention. Section 8. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor, providing however that once adopted it shall have a retroactive effective date of April 11, 2002: the date of the adoption of Resolution No. 02-392. The repeal of any provision herein shall not affect the validity of any proceedings held or instituted or any orders entered, prior to the adoption of this ordinance.{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} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted, and shall then have a retroactive effective date of April 11, 2002. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission, and shall then have a retroactive effective date of April 11, 2002 . City of Miami Page 12 of 12 File Id: 04-00434 (Version: 1) Printed On: 9/16/2016