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HomeMy WebLinkAboutLegislation (Version 2) SRSecond Reading Ordinance City 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 SECTION 46-2 OF CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "NUISANCE ABATEMENT BOARD," MORE PARTICULARLY BY AMENDING SECTION 46-2 TO ALLOW MEMBERS OF THE CODE ENFORCEMENT BOARD TO CONSTITUTE THE MEMBERS OF THE NUISANCE ABATEMENT BOARD, CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Nuisance Abatement Board has had difficulty meeting due to quorum issues for several years; and WHEREAS, the City of Miami ("City") is in dire need of a Nuisance Abatement Board that will take their roles seriously; and WHEREAS, the Code Enforcement Board is a dedicated Board with two or more monthly meetings whose members would be the perfect fit to take on the duties of the Nuisance Abatement Board; and WHEREAS, it is in the best interest of the City that the code be revised in this 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 as fully set forth in this Section. Section 2. Chapter 46, Section 46-2 of the Code of the City of Miami, Florida, as *ended, 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; vacancics; compensation. (1) City of Miami Page 1 of 3 • File Id: 12-00541 (Versio: 2) Printed On: 11/5/2012 File Number. 12-00541 controversies over the existence of public nuisances may be resolved in thc public interest with due procesc of law. This board shall consist of five -individuals who reside, own r al property or maintain a business office within the City of Miami and who arc appointed by thc city commission. All members Fin a vacancy shall be fer the remainder of the unexpired term The code enforcement board is hereby designated and established as the nuisance abatement board (the "board"). (2) Any member who fails to attend three consecutive meetings or four meetings within one calendar y, ar nonattendance with the city clerk; thergaftcr, thc city commission shall promptly fill such vacancy for the remainder of the term.The terms of office of the board members shall coincide with the terms of office of the code enforcement board members. (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; he rings; quorum Hearings; 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 thc'i members of the board. The member elected chairperson shall serve as chairperson for a term of one year and may he reelected to serve an additional term or terms as chairperson (2) The presence of three members shall c Titute-a guoFt:i-en„e-boar-s Th a iote of att IIe-as three 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. 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) (2) 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 City of Miami Page 2 of 3 File Id: 12-00541 (Version: 2) Printed On: 11/5/2012 File Number. 12-00541 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. 46}13./ 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. (-73 (4) 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 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 immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS JULIE O. B 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: 2) Printed On: 11/5/2012