HomeMy WebLinkAboutO-13349City of Miami
Legislation
Ordinance: 13349
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00541 Final Action Date: 11/15/2012
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, 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 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 quasijudicial forum in which
City of Miami
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File Number: 12-00541 Enactment Number: 13349
controversies over the existence of public nuisances may be resolved in the public interest with due
process of laws 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
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. The code enforcement board is hereby
designated and established as the nuisance abatement board (the "board").
(2)
Any member who falls to attend three consecutive meetings or four meetings within one calendar
year 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.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; hearings; 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 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.
{3)
The board is authorized to establ+sh its own rules of procedure.
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
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File Number: 12-00541 Enactment Number: 13349
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 (3)
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.
{7) (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}
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.
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