HomeMy WebLinkAboutO-13323City of Miami
Legislation
Ordinance: 13323
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00523 Final Action Date: 6/14/2012
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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File Number: 12-00523 Enactment Number: 13323
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 failing 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.
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Section 2. 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 3. This Ordinance shall be come 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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