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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00541 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PUBLIC NUISANCES", MORE PARTICULARLY BY AMENDING SECTION 46-2, ENTITLED "NUISANCE ABATEMENT BOARD," TO ALLOW MEMBERS OF THE CODE ENFORCEMENT BOARD TO SERVE AS MEMBERS OF THE NUISANCE ABATEMENT BOARD; CONTAINING A SEVERABILITY CLAUSE, AND D PROVIDING FOR AN .IMMEDIATE EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 46/Section 46-2 of the Code of the City of Miami, Florida, as amended, entitled "Nuisance abatement board," is further amended in the following particulars:{1} "CHAPTER 46 PUBLIC NUISANCES Section 46-2. Nuisance abatement board. (a) Created; membership; terms; vacancies; compensation. (1) The nuisance abatement board of the city is hereby created to serve as a quasi-judicial forum in which controversies over the existence of public nuisances may be resolved in the public interest with due process of law. This board shall consist of five individuals who reside, own real property or maintain a business office within the City of Miami and who are appointed by the city commission. All members shall serve a term of one year or until the nominating commissioner leaves office, whichever occurs first. Each city commissioner shall nominate one member for appointment to the board. Any member may be reappointed by the city commission for not more than six consecutive terms. Appointments to fill a vacancy shall be for the remainder of the unexpired term. In the alternative and at the election of the city commission, the nuisance abatement board may be comprised of those individuals who are appointed to a code enforcement board pursuant to chapter 2, article X, section 2-812 (a) of this code. Said individuals shall serve on the nuisance abatement board so Tong as they remain members of a code enforcement board. (2) Any member who fails to attend three consecutive meetings or more than four meetings within one City of Miami Page 1 of 3 File Id: 12-00541 (Version: 1) Printed On: 9/28/2012 File Number: 12-00541 calendar year, without cause and without prior approval of the chairperson, shall automatically forfeit his/her appointment upon the chairperson filing written notice of such nonattendance with the city clerk; thereafter, the city commission shall promptly fill such vacancy for the remainder of the term. (3) Members shall serve without compensation but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the city manager. (b) Organization; hearings; quorum; administrative staff support; board case files, documents. (1) The members of the board shall elect a chairperson who shall be a voting member from among the members of the board. The member elected chairperson shall serve as chairperson for a term of one year and may be reelected to serve an additional term or terms as chairperson. (2) The presence of three members shall constitute a quorum of the board. The affirmative vote of at least three members shall be necessary to take action. However, if the members of a code enforcement board are elected by the city commission to serve as the nuisance abatement board pursuant to this section, then the presence of four members shall constitute a quorum. In that event, an affirmative vote of at least four members shall be necessary to take action. (3) The board is authorized to establish its own rules of procedure. (4) The chairperson of the board may call hearings of the board. Hearings may also be called by written notice signed by at least three members of the board, or four members if those members jointly serve on a code enforcement board pursuant to this section. The clerk of the board may also set future hearing dates. The board shall attempt to convene no less frequently than once every month but may meet more frequently than once every month as the board may deem necessary as provided herein. Minutes shall be kept of all hearings and all hearings shall be open to the public. The board may rely on advice from independent legal counsel who shall be appointed by the city attorney. The city commission, by and through- the city manager shall provide all necessary clerical and administrative staff support to the board, including space and necessary expenses which may be reasonably required by the board for the proper performance of its duties. (5) The city manager shall designate clerical and administrative personnel as may be reasonably required for the proper performance of the board's duties. The clerk so designated in writing by the city manager shall be the custodian of all board case files and documents pertaining thereto and shall have the authority to certify orders and other documents issued by the board; the clerk shall adopt and use an official seal for this purpose; the clerk is also empowered to administer an oath to witnesses appearing before said board and to issue subpoenas in the name of the board for service of process by any city police officer. (6) The city attorney or designee thereof shall represent the city as prosecutor and present cases before the board, and shall not therefore act as counsel for the board. City of Miami Page 2 of 3 File Id: 12-00541 (Version: 1) Printed On: 9/28/2012 File Number: 12-00541 (7) In the event that the City of Miami owns or operates a building, place or premises which is the subject of a nuisance complaint, the law department shall prosecute the complaint and the city attorney must receive commission approval to retain independent counsel to defend in the City of Miami's defense. 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 become effective immediately upon its adoption and signature of the Mayor.{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} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. City of Miami Page 3 of 3 File Id: 12-00541 (Version: 1) Printed On: 9/28/2012