HomeMy WebLinkAboutLegislation FR/SRCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00314 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE X OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED
"ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY
AMENDING SECTIONS 2-814(C) AND 2-817(B), TO INCREASE THE MAXIMUM
DAILY FINES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
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 more than 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 Chapter 2, Article 13 of the Code of the City of Miami,
Florida, as amended ("City Code"), entitled "Mural Regulations," will cause visual clutter 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 AS FOLLOWS:
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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File Number: 08-00314
Section 2. Chapter 2/ Article X of the City Code, entitled "Administration/Code Enforcement," is
amended in the following particulars:{1}
Sec. 2-814. Enforcement procedure.
"CHAPTER 2
ADMINISTRATION
CODE ENFORCEMENT
* * *
(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 or of article 13 entitled "Mural
Regulations" of the Code 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 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, the Zoning Ordinance of the City of Miami or of article 13
entitled "Mural Regulations" of the Code of the City of Miami, 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 code enforcement board or special master finds the violation of article
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8.1 entitled "Tree Protection" of Ordinance No. 11000 of the Zoning Ordinance of the City or of
article 13 entitled "Mural Regulations" of the Code of the City of Miami , to be irreparable or
irreversible, a fine not to exceed $15,000.00 per violation may be imposed.
* *„
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 renumerated or relettered and the word "ordinance" may be changed to "section", "article", or
other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof and upon enactment of the Mural Regulations Ordinance.(2}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY
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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