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File ID: #16378
Ordinance
ored by: Manolo Reyes, Commissioner, Christine King, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE X/SECTION 2-825 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED" ADMINISTRATION/CODE ENFORCEMENT/RIGHTS OF
VIOLATORS; PAYMENT OF FINE; RIGHT TO APPEAL; FAILURE TO PAY AND
CORRECT," TO INCREASE THE TIME TO APPEAL AN ISSUED INFRACTION FROM
TEN (10) DAYS TO THIRTY (30) DAYS; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 16378 (Revision:) Printed On: 10/16/2024
City of Miami
Legislation
Ordinance
Enactment Number: 14308
File Number: 16378 Final Action Date: 9/26/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE X/SECTION 2-825 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED" ADMINISTRATION/CODE ENFORCEMENT/RIGHTS OF
VIOLATORS; PAYMENT OF FINE; RIGHT TO APPEAL; FAILURE TO PAY AND
CORRECT," TO INCREASE THE TIME TO APPEAL AN ISSUED INFRACTION FROM
TEN (10) DAYS TO THIRTY (30) DAYS; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Section 2-825(b) of the Code of the City of Miami, Florida, as amended
("City Code") provides ten (10) days after the service of the civil infraction to request an appeal;
and
WHEREAS, many owners, due to mailing issues or other unforeseen circumstances,
miss the ten (10) day deadline to appeal and become forced to pay an infraction with no further
option to appeal; and
WHEREAS, allowing more time to file the appeal will not hinder the prosecution of those
who violate the City Code nor create extra costs to the City and it will benefit those who wish to
challenge issued citations;
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 if fully set forth in this Section.
Section 2. Chapter 2, Article X of the City Code is amended in the following particulars:1
"CHAPTER 2
ADMINISTRATION
*
ARTICLE X. CODE ENFORCEMENT
Sec. 2-825. - Rights of violators; payment of fine; right to appeal; failure to pay and correct.
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.
City of Miami File ID: 16378 (Revision:) Printed On: 10/16/2024
(a) A violator who has been served with a civil infraction notice shall elect either to:
(1) Pay the civil penalty in the manner indicated on the infraction notice, and
correct the violation; or
(2) Request an administrative hearing before a special magistrate to appeal the
determination of the inspector which resulted in the issuance of the civil
infraction notice.
(b) An appeal for administrative hearing shall be accomplished by filing a request in
writing to set the hearing for review and mailing said rcqucst to the code enforcement
clerk or his/her designee or to the address indicated on the notice or online via the City
website, as available, not later than ten thirty (30) days after the se +cc posting of the
civil infraction on the property cited or receipt, in person, by those cited for non -folio
related violations or from date of mailing for non -folio related violations for those not
present when the violation is observed.
(c) If the named violator, after notice, fails to pay the civil penalty and correct the violation
(within the time specified), or fails to timely request an administrative hearing before a
special magistrate, such failure shall constitute a waiver of the violator's right to an
administrative hearing before a special magistrate. A waiver of the right to
administrative hearing shall be treated as an admission of the violation and penalties
may be assessed accordingly.
(d) Failure to correct the violation or file for an appeal within ton days of -r notice of the
civil infraction has been provided as provided for in Subsection (b), will result in the
case being forwarded to the code enforcement board or appropriate special magistrate
for further action.
*„
Section 3. 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 4. This Ordinance shall become effective immediately upon adoption by the City
Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
rge = . Wys ng III, C y ttor -y 7/16/2024
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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.
City of Miami File ID: 16378 (Revision:) Printed On: 10/16/2024