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Ordinance
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Miami, FL 33133
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File Number: 12-00523 .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 SECTION 2-815, ENTITLED "CONDUCT OF HEARING", TO
DELETE THE PROVISION REQUIRING A COURT REPORTER TO BE PRESENT
AT A HEARING; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 2/Article X/Section 2-815, entitled "Administration/Code Enforcement/Conduct
of hearing" is amended in the following particulars:{1}
"CHAPTER 2
ADMINISTRATION
ARTICLE X. CODE ENFORCEMENT
* * *
Sec. 2-815. Conduct of hearing.
(a) The chairman of the board or special master may call hearings. Hearings may also be
called by written notice signed by at least three members of the seven -member enforcement
board or by two members of the board and one alternate member or by the special master.
The board or special master at any hearing may set a future hearing date. The board shall
meet at least once every month, but may meet more often as the demand necessitates. The
special master shall hold hearings as necessary. Minutes shall be kept of all hearings. All
hearings and proceedings shall be open to the public. The city commission, by and through the
city manager, shall provide all necessary clerical and administrative staff support to the board
or special master, including space and necessary expenses which may be reasonably required
by the board or special master for the proper performance of its duties.
(d) The board or special master shall proceed to hear the cases on the agenda for that day.
The city attorney shall ensure the presence of a court reporter and a All testimony shall be
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under oath and shall be recorded by a video or audio recording device. The board or special
master shall take testimony from the code inspector and other witnesses necessary to the
case. The alleged violator(s) and owner(s) of the subject property shall be given an opportunity
to testify if desired but may not be compelled to offer testimony or any evidence whatsoever.
As in any administrative hearing, formal rules of evidence shall not apply but fundamental due
process shall be observed and govern said proceedings.
(e) At the conclusion of the hearing, the board or special master shall issue findings of fact,
based upon the evidence presented and made part of the record and conclusions of law, and
shall issue an order affording the proper relief consistent with the powers granted herein. If the
hearing is before the board, the findings shall be by motion approved by a majority of those
members and alternate members present and voting, except that at least four members of the
board must vote in order for the action to be official, and said four members may include
alternate board members. Any motion tailing to obtain the above -required vote shall preclude
the relief requested by the petitioner before the board as to the administrative remedies
afforded in this article. If the hearing is before the special master, the special master shall issue
-the findings at the time of the hearing or within 15 days of the hearing. If an appeal is taken,
the record shall be presented to the court on appeal and shall be subject to review. The order
may include a notice that it must be complied with by a specified date and that a fine may be
imposed if the order is not complied with by said date. If the order is not complied with by said
date, a certified copy of such order shall be recorded in the public records of the county and
shall constitute notice to any subsequent purchasers, successors in interest, or assigns that the
violation concerns real property, and the findings therein are binding upon them as well as the
violator and as such, constitutes a lien on said property. If an order is issued pursuant to this
subsection and is complied with before or by the date specified in the order, the enforcement
board or special master shall acknowledge compliance with such order and no notice shall be
recorded in the public records. An affidavit acknowledging compliance shall be issued to the
violator and to the board or special master. No hearing shall be required by the board or
special master to acknowledge compliance.
(f) Once the alleged violator(s) has been properly noticed as to the hearing before the board or
special master and if the violator(s) fails to appear, the board or special master may proceed
with a hearing on the merits of the alleged violation. Any findings or orders resulting from such
hearing are valid and binding upon said violator(s) if a violation is found to exist.
(g) Once the owner(s) of the property at which the alleged violation has occurred has been
properly notified of the hearing before the board or special master and fails to appear, the
board or special master may proceed with a hearing on the merits of the alleged violation and
any findings or orders are valid and binding against said owner(s).
(h) If a corporation is either the violator or the owner of the property, notice as outlined herein
shall be effected upon the designated registered agent. If the corporation is a foreign
corporation that has failed to comply with F.S. § 48.091, notice shall be permitted to be served
upon any employee at the corporation's place of business or any agent transacting business
for it in this state.
Section 2. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
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declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 3. This Ordinance shall be come effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TFORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY
p/
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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