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HomeMy WebLinkAboutSR Legislation (Version 4)City of Legislation Ordinance: 12902 City Ha 3500 Pan American Drive Miami, FL 33133 www.miamigov.corn .Pile Umber 05-00335 Final Action Date312212007 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 IN 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. Section 2. Chapter 2/Article X of the Code of the City of Miami, Florida, as amended, entitled City of Miami Page I of 4 Printed On: 4/23/2007 File Number. 05-00335 I.r; (:trtreraf ; "aunb :" 12902 "Administration/Code Enforcement." is amended in the following particulars:1,1} "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-Ludicial 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. * * (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 fir ea^v,,-th©gin per day per City of Miami Page 2 of 4 Printed On: 4/23/2007 File Number' 05-00335 Er;arim ytt `, in jcr: 12902 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) 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. (d) O#e 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: *!I 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 L. FL 4ANDEZ CITY ATTORNEY Footnotes : City of Miami Page 3 of 4 Printed On: 4/23/2007 File Number.' 05-00335 Enactment Number {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 4 of 4 Printed On: 4/23/2007