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Ordinance
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Miami, FL 33133
www.miamigov.com
File Number: 08-00979 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 2-817, 2-825 AND 2-826 TO PROVIDE FOR
ENHANCED CODE COMPLIANCE AND THE MITIGATION OF FINES FOR CAUSE
AND TIMELY REPAYMENT OF FINES AND LIENS; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, violations of the Code of the City of Miami, Florida, as amended ("City Code"),
adversely affect the health, safety and welfare of City of Miami ("City") residents, businesses and
visitors; and
WHEREAS, the City provides informational services to its residents, businesses and visitors
through the 311 informational hotline, Neighborhood Enhancement Team (NET) Offices,
www.miamigov.com, electronic mail, or by telephone so that information is available to the public
about code compliance related to property and businesses; and
WHEREAS, the City wishes to facilitate timely compliance, equitable fines for violators, and
provide violators for an avenue for immediate redress prior to scheduling an administrative hearing
with the Code Enforcement Board or Special Master; and
WHEREAS, it is the City's desire to minimize the cost of the City's code enforcement procedures
and to ensure that such activities are performed in a highly efficient and cost effective manner;
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 herein as if fully set forth in this Section.
Section 2. Chapter 2/Article X of the City Code entitled "Administration/Code Enforcement," is
amended in the following particulars:{1}
"CHAPTER 2
ADMINISTRATION
*
*
ARTICLE X. CODE ENFORCEMENT
*
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File Number: 08-00979
Sec. 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 per day per violation case that continues past
the date set for compliance specified on the Notice of Violation (NOV), 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
$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 8.1
entitled "Tree Protection" of Ordinance No. 11000 of the zoning ordinance of the city, 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 only:
(1) The gravity of the violation. Mitigation of fines will be available only to violators who are in
compliance with any and all previous code enforcement fines;
(2) Any actions taken by the „iolator to correct the violation• and Ordinances or resolutions of the City
of Miami Commission establishing or protecting "quality of life" criteria or objectives from the City of
Miami;
(3) Any previous violationscommitted by the violator. Any affirmative and timely actions taken by the
violator to correct the violation(s); and
(4) Any previous violations committed by the violator and the payment history of the violator for
previous code enforcement fines.
(d) An enforcement board or special master may reduco mitigate 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 provider! that the total amount of the daily fine imposer! by the
below:
Number of Total Finc
Days Finc Mitigation
Outstanding {percent)
1 30 25
31 60 30
61 90 35
91 120 48
121 150 50
151 180 60
181 210 7-0
211 240 60
241 270 90
271 and up 1-00
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Any reduction below the percentages set forth above must be brought before the board or special
period of 20 days from the day the offer to settle is made, then the original fine shall be reinstated.
(1) Prior to any mitigation by the board or special master, the City, through the City Manager or
designee, may mitigate the total amount of the cumulative daily fines with violators, by no more than
fifty-four percent (54%). In determining whether the cumulative daily fines should be mitigated, the
City Manager or designee shall consider the following:
(i) If the violation that gave rise to the fine has been corrected and has not recurred;
(ii) If no other code violations or related liens affecting the property exist;
(iii) If the violator can prove that unusual and exceptional circumstances exist that would make it
inequitable to enforce such fine to the full extent of its accrual; and
(iv) Financial hardship, which may be proven by evidence that the fine and all accrued interest are
in excess of three percent (3%) of the violator's annual income.
(2) The board or special master shall issue findings in accordance with Sec. 2-815(3) when additional
mitigation is granted.
(i) A violator may request an administrative hearing for further mitigation after seeking mitigation from
the City. An administrative hearing for mitigation must be requested within one hundred eighty (180)
days of the issuance of the Notice of Violation. Upon evidence that diligent efforts have been made
to correct the violation(s), the City may grant the violator an additional ninety (90) days to request an
administrative hearing for mitigation.
(ii) Failure to request a hearing, without evidence of diligent efforts by the violator to correct the
violation(s), shall constitute a waiver of the violator's right to mitigation by the board or special master.
(iii) A waiver related to fine mitigation as described in this section shall constitute conclusive proof
that the violator has the ability and willingness to pay the full amount of the existing fines.
(iv) When unusual or extenuating circumstances exist, the board, by majority vote, or the special
master may mitigate the total amount of the cumulative daily fines by no more than five percent (5%)
above the City mitigation reduction. The board, by unanimous vote, or the special master, may
mitigate the cumulative daily fines by no more than ten percent (10%) above the City mitigation
reduction or a total of sixty-four percent (64%), whichever percentage is lower.
(3) Regardless of whether an administrative hearing is scheduled as described in this section, if the
violator fails to pay the full amount of the mitigated fine within three (3) business days or fails to enter
into a payment plan with the Finance Department and make the first installment payment within three
(3) business days, then the original fine amount shall be reinstated and due and payable within thirty
(30) days. Should the violator fail to pay the full amount of the mitigated fine within three (3) business
days, fail to enter into a payment plan with the Finance Department and make the first installment
payment within three (3) business days, or miss a payment after entering into a payment plan with the
Finance Department, the violator shall waive his right to an administrative hearing as described in
Sec. 2-817(d)(2).
(4) 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(s).
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(g) The board or special master may issue an order requiring payment of such administrative costs
not to exceed Fifty Dollars ($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.
If upon request of the violator, a fine is not further mitigated by the code enforcement board or special
master, the violator shall pay administrative costs of Fifty Dollars ($50.00) for the costs of the
administrative hearing.
Sec. 2-825. Rights of violators; payment of fine; right to appeal; failure to pay and correct.
(b) An appeal for administrative hearing shall be accomplished by filing a request in writing to set the
hearing for review and mailing said request to the code enforcement clerk or his/her designee or to
the address indicated on the notice, not later than ten (10) days after the service of the civil infraction.
(c) If the named violator, after notice, fails to pay the civil penalty and correct the violation (within the
time specified on the notice) or fails to timely request an administrative hearing before a special
master, such failure shall constitute a waiver of the violator's right to an administrative hearing before
a 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 (10) 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.
Sec. 2-826. Conduct of administrative hearing.
(b) The code enforcement clerk or his/her designee shall send a notice of hearing by certified mail to
the violator at his/her last known address. The notice of hearing shall include but not be limited to the
following:
(1) Name of the inspector who issued the notice;
(2) Factual description of the alleged violation;
(3) Date of alleged violation;
(4) Section of the Code allegedly violated;
(5) Place, date and time of hearing;
(6) Right of violator to be represented by an attorney;
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(7) Right of violator to present witnesses and evidence; and
(8) Notice that failure of violator to attend a hearing may result in civil penalty being assessed
against him/her.
City staff shall be present at all hearings when it is necessary to collect fines for code enforcement
violations.
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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 re -numerated or re -lettered 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. {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.
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