HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00158 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22
OF THE CODE OF THE CITY OF MIAMI CODE, FLORIDA, AS AMENDED ("CITY
CODE"), ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE
PARTICULARLY BY AMENDING SECTION 22-93 ENTITLED "ENFORCEMENT
AND ADMINISTRATIVE FEES", TO DETAIL AN ENFORCEMENT AND
COLLECTION PROCESS, DELETING CODE ENFORCEMENT PROCEDURES
ALREADY SET FORTH IN CHAPTER 2 OF THE CITY CODE; FURTHER
CREATING SECTION 22-94 TO PROVIDE FOR AN APPEAL PROCESS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the proposed amendment to Chapter 22 of the Code of the City of Miami, Florida,
as amended ("City Code"), will clarify the collection process of the existing temporary roll -off container
permit fee, enable disposition of illegal containers and implement an appeal process and will delete
code enforcement procedures already set forth in Chapter 2 of the City Code;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted and
incorporated as fully set forth in this Section.
Section 2. Chapter 22 of the City Code, is amended in the following particulars: {1}
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
* * *
*
ARTICLE III. ENFORCEMENT AND ADMINISTRATION
*
Sec. 22-93. Enforcement and administrative fees.
complied with the
_- ;(_1) Ifnoncompliance_with; this chapter is found, the Info. ecmont officer shall notify the noncompliant
delivering the..civil_infraction .notice to the violator, or his/her agents, or by leaving the civil infraction
City of Miami, „
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File Number: 12-00158
mail, return receipt requested. in addition to -providing notice as -set forth above, at the e-p+„ of
exist
(a) The Director of Solid Waste, or designee, shall have the authority to initiate enforcement
proceedings, against any person, franchisee, firm, corporation or other legal entity who has not strictly
complied with the provisions of this chapter.
(1) If an inspector findsa violation -of this chapter, the Director of Solid Waste, or designee,
shall issue a notice of violation to the violator, as provided in section 2-823 of this Code.
The notice shall inform the violator of the nature of the violation, the amount of fine for
which the violator may be liable, instructions and due date for paying the fine, notice
that the violation may be appealed by requesting an administrative hearing within ten
(10) days after service of the notice of violation, and that failure to do so shall constitute
an admission of the violation and waiver of the right to a hearing.
A non -franchisee roll-off/container shall be subject to seizure and impoundment. Written
notice of the Department's intent to seize the roll-off/container shall be posted to the
roll-off/container which is subject to seizure and impoundment. The Department shall
not seize any roll-off/container within ten (10) days from the posting of the written
notice. In addition to posting notice, the Department shall also provide written notice of
such seizure and impoundment to all persons, firms. corporations, or other legal
entities, whom the Department knows, or with reasonable investigation should know, to
have a legal interest in the subject roll-off/container by certified mail, return receipt
requested, within 24 hours of posting notice. The written notice shall include the
following:
a. The name of the City department or division issuing such notice.
b. The date upon which the notice was issued.
c. The date that the notice was posted to the roll-off/container.
d. The section number of the City code or ordinance that has been violated.
e. Notice that the Department will seize and impound the roll-off/container in the event
that the roll-off/container is not removed from the premises within ten (10) days from
the date of the posting of the written notice.
f. Notice of the right to request a preliminary hearing. pursuant to section 22-94, to
contest the seizure and impoundment of the roll-off/container.
g_ Notice of the right to request a preliminary hearing, pursuant to section 22-94, to
contest the seizure and impoundment of the roll-off/container and immediately
retrieve the roll-off/container from the Department upon the posting with the
Department a cash bond in the amount of $500.00, plus costs incurred by the
Department.
h. Notice of the right to waive the preliminary hearing and immediately retrieve the
roll-off/container from the Department upon the payment of a $500.00 administrative
penalty, plus costs incurred by the Department.
Notice that the failure to request a preliminary hearing within ten (10) days after the
_notice was mailed shall -constitute a waiver of the right to .a preliminary hearing
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pursuant to section 22-94.
A roll-off/container that has been seized and impounded, which has not been returned
to the owner or interested:.party.by virtue of a preliminary hearing, final hearing, appeal,
or payment of an administrative penalty, shall become the property of the City.
(3) The Department is authorized to immediately seize and impound a roll-off/container in the
event the Department determines that said roll-off/container constitutes a public
nuisance and poses a health and safety concern. Written notice of the Department's
action shall be posted at the site where the roll-off/container was located. In addition to
posting notice, the Department shall also provide written notice of such seizure and
impoundment to all persons, firms, corporations, or other legal entities. whom the
Department knows, or with reasonable investigation should know, to have a legal
interest in the subject roll-off/container-by certified mail. return receipt requested, within
24 hours of posting notice. The written notice shall include the following:
a. The name of the City department or division issuing such notice.
b. The date upon which the notice was issued.
c. The date that the notice was posted at the location where the roll-off/container was
found.
d. The section number of the City code or ordinance that has been violated.
e. Notice of the right to request a hearing, pursuant to section 22-94, to contest the
seizure and impoundment of the roll-off/container.
f. Notice of the right to request a hearing, pursuant to section 22-94 to contest the
seizure and impoundment of the roll-off/container and immediately retrieve the
roll-off/container from the Department upon the posting with the Department a cash
bond in the amount of $500.00, plus costs incurred by the Department.
g, Notice of the right to waive the hearing and immediately retrieve the
roll-off/container from the Department upon the payment of a $500.00 fine, plus
costs incurred by the Department.
h. Notice that the failure to request a hearing within ten (10) days after the notice was
mailed shall constitute a waiver of the right to a preliminary hearing pursuant to
section 22-94.
A roll-off/container that has been seized and impounded, which has not been returned
to the owner or interested party by virtue of a preliminary hearing, final hearing, appeal,
or payment of an administrative penalty, shall become the property of the City.
{2)
a -
violation; or
b- Request an administrative hearing bcforc a h aring officer to app531 the
infraction notice.
_writing ,to , set the hgaring for review and mailing said request to the' code
Later. than ten (10) days after the service of the civil infraction.
If the _,{�4);_ .__ __---named-violator, after notice, fails to pay the civil penalty and correct the
hearing before a hgaring officer, such failure shall constitute a waiver of the
City of Miami:.,
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(5)
(7)
(12)
shall include but not be limited to thc following:
197
s, Date of alleged violation;
d Section of the Code allegedly violated;
e ;
i�-
assessed against him/her.
or more frequently upon request of the city manager or his/her designee. No
h aring shall be set sooner than 20 days from thc date of service of the civil
infraction.
named violator.
reporter; such recording may bc transcribed at the expense of the party requesting
the transcript. The party desiring thc court reporter shall bc responsible for the
appearance fee.
cl ical and hearing officer's duties - -
representative of the department which issued thc violation.
. .
Any. relevant evidence shall be admitted .if..the hearing,. officer.finds: it competent and :
contrary.
though .that .matterwas not covered in the direct examination, to impeach any
against him.
City of Miami
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File Number: 12-00158
he infraction of the
relevant section of the city ordinance or city Codc as cited, and that a violation
does/did in fact exist.
The prescribed time for correction of the violation given to the named violator and
that the time for correction was not reasonable, the hearing officer may make a
In+egratedio In+or i fni,n
costs of the prosecution.
(17) The fact finding determination of thc h ring officcr shall bc limited to whether the
named in the civil i-h#ractien i.s Iegalty responsible— for that violatiof T- he heari-ng
484
city Codc violation. If thc hearing officcr reverses thc determination of the
payment of any civil
determination of violation, then the following elements shall be included in thc
decision:
a- Amo, in+ of civil penalty; and
,
Costs of prosecution.
e Verbal warning that failur ich violation must bc
ig ref
The hearing officer shall ha„e the po er to•
a- Adopt procedures for thc ^nd uct of hearing
b- Subpoena alleged violators and witnes,-es for hearings; subpoenas may be
e Subpoena evidence;
d- Take testimony under oath; and
e:
Sec. 22-94. Hearings.
(a) The -owner, or authorized - representative, of a roll=off/container `that has been seized and
impounded pursuant to ,section 22-93 (a)(2) or 22-93 (a)(3) of this Chapter, may file a written request
.with :the Department of Hearing Boards for a preliminary hearing within ten (10) days from the date the
Department's notice is mailed.
-; li The hearing shall be _scheduled before a special master of the city within ten (10) days of
receipt of the written request, excluding Saturdays, Sundays, and legal holidays.
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(2) At the hearing, the city shall have the burden to show that probable cause existed to believe
that the roll-off/container constituted a public nuisance under Chapter 22 of the city
code and was.subject to seizure and impoundment pursuant to section 22-93 (a)(2). If
the roll-off/container was immediately seized and impounded pursuant to section 22-93
(a)(3), the city shall have the burden of showing that probable cause existed to believe
that the roll-off/container constituted a public nuisance under Chapter 22 of the city
code and posed a health and safety concern.
(3) The formal rules of evidence shall not apply at the hearing and hearsay and circumstantial
evidence is admissible.
(4) If, after the hearing, the special master determines that the city has met its burden, as set
forth by section 22-94 (a)(2), the special master shall order the continued impoundment
of the roll-off/container, if applicable, and set the date for a final hearing. The owner, or
authorized representative, may immediately retrieve the roll-off/container from the
Department upon the posting of a cash bond with the Department in the amount of
$500.00 without impairing the right to a final hearing.
(5) If, after the hearing, the special master determines that probable cause did not exist, the
roll-off/container shall be released forthwith to the owner, or authorized representative,
without the imposition of the administrative civil penalty. If the owner, or authorized
representative, has already posted a bond for the immediate release of the
roll-off/container, the bond shall be refunded to the owner or authorized representative.
(b) The final hearing shall be scheduled and held, unless continued by order of the special master. no
later than thirty (30) days after the date that the roll-off/container was seized and impounded. At the
final hearing, the city shall have the burden of showing by clear and convincing evidence that the
roll-off/container constituted a public nuisance under Chapter 22 of the city code. If the
roll-off/container was seized and impounded pursuant to section 22-93 (a)(3), then the city must also
show by clear and convincing evidence that the roll-off/container posed a health and safety concern. If,
after the hearing, a finding is made that the roll-off/container was properly impounded and seized, then
the special master shall enter an order finding the owner of the roll-off/container civilly liable to the city
for an administrative civil penalty of up to $500.00, as outlined in subsection 22-93 (a)(2)(h) or 22-93
(a)(3)(g), plus costs incurred by the Department. If, after the hearing, a finding is made that the city
did not meet its burden of proof as set forth in this subsection, the roll-off/container shall be returned to
the owner along with any cash bond posted.
Sec. 22-95. Appeal.
The city or the owner of the roll-off/container that has been the subject of a seizure and impoundment
pursuant to sections 22-93 (a)(2) or 22-93 (a)(3) may, after a hearing pursuant to section 22-94,
appeal the final ruling and decisions of the special master to the appellate division of the circuit court
of the Eleventh Judicial Circuit of Miami -Dade County, Florida, within thirty (30) days of the date of the
final order being appealed. The city may charge the appellant a reasonable fee for preparation of the
record for purposes of making the appeal.
-- Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section_4::This -Ordinance shall, become effective thirty (30) days after final reading and adoption
thereof.{2}
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APPROVED AS TO FORM AND CORRECTNESS=—°
JULIE 0. BRL1-'
CITY ATTORNEY
Footnotes:
{1} Words and/of figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are not 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 state stated herein, whichever is later.
City of Miami
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