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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00335
Final Action Date:
(REQUIRES 4/5THS VOTE)
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE'), ENTITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE
PARTICULARLY BY AMENDING SECTIONS 2-811, 2-814 AND 2-817 OF SAID
CITY CODE, TO AMEND THE DEFINITIONS SECTION AND TO CLARIFY THE
MAXIMUM DAILY FINES; CONTAINING A SEVERABILITY CLAUSE, PROVIDING
FOR AN EFFECTIVE DATE AND PROVIDING FOR INCLUSION 1N THE CITY
CODE.
WHEREAS, the City of Miami ("City") has a continuing problem with violations of its codes and
ordinances; and
WHEREAS, Chapter 162.09 of the Florida Statutes provides for enhanced code enforcement fines;
and
WHEREAS, Chapter 162.09 (d) of the Florida Statutes 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,
$5,000, per day per violation for a repeat violation, and up to $15,000, per violation if the code
enforcement board or special master finds the violation to be irreparable or irreversible in nature; and
WHEREAS, the population within the City is over the required statutory amount of 50,000
inhabitants; 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 8.1 entitled "Tree Protection, " of the Zoning
Ordinance No. 11000 of the City of Miami, harm the natural environment of the City of Miami; and
WHEREAS, the City Commission of the City of Miami 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 by
reference and incorporated as if fully set forth in this Section.
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Section 2. Chapter 2/Article X of the Code of the City of Miami, Florida, as amended, entitled
"Administration/Code Enforcement," is amended in the following particulars:{1}
"Chapter 2
ADMINISTRATION
* *
ARTICLE X. CODE ENFORCEMENT
Sec. 2-811. Definitions
Repeat violation means a violation of a provision of a code or ordinance by a person who has been
previously found through a code enforcement board or any other quasi-judicial or judicial process, to
have violated or who has admitted violating the same provision within 5 years prior to the violation,
notwithstanding the violations occur at different locations.
Sec. 2-814. Enforcement procedure.
*
*
*
(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 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 of Miami, then the fine will not exceed
$5,000.00 per day per violation.
Sec. 2-817. Administrative costs, fines; liens.
*
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File Number: 05-00335
(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, unless the violation is of Article 8.1 entitled
"Tree Protection" of Ordinance No. 11000 of the Zoning Ordinance of the City of Miami, then the fine
will not exceed $1000.00 per day per violation, and not more than $5,000.00 per day per violation for
a repeat violation. However, if a code enforcement board or special master finds the violation of Article
8,1 entitled "Tree Protection" of Ordinance No. 11000 of the Zoning Ordinance of the City of Miami, to
be irreparable or irreversible, a fine not to exceed $15,000.00 per violation may be imposed..
(c) 1n 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.
(d) Only tho An enforcement board or special master may reduce a fine once a violator has
complied with the 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:
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. 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 re lettered and that the word 'ordinance" may be changed to "section,"
"article," or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall be adopted by an affirmative vote of not less than four -fifths of the
members of the Commission.
Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS
JORGE I_ `FEWANDEZ
CITY ATTbRNEY
City of Miami
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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.
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