Loading...
HomeMy WebLinkAboutO-13774City of Miami Ordinance 13774 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4290 Final Action Date: 7/12/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION DELETING CHAPTER 2, ARTICLE X, SECTION 2-830 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALTERNATE CODE ENFORCEMENT SYSTEM CREATED"; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, on June 24, 2004, the alternate code enforcement system was created to allow for Special Masters to hear cases that were otherwise heard before the Code Enforcement Board pursuant to Ordinance Number 12547; and WHEREAS, the alternate method providing the Special Master with the same power and authority as the Code Enforcement Board is no longer necessary; and WHEREAS, the alternate method would still be allowed for appeals involving code compliance, solid waste compliance and other like tickets/citations to a special master as provided for under Section 2-823 of the Code of the City of Miami, Florida, as amended ("City Code"), et. seq.; and WHEREAS, this change would allow property owners, business owners, and residents to bring their cases set for hearing under Section 2-814 of the City Code to the Code Enforcement Board, which is made up solely of citizens and residents of the City who volunteer their time to serve their community, and which will generate a cost savings to the City of expenses related with the Special Master program; 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. Section 2-830 of the City Code shall be amended as follows:1 "CHAPTER 2 ADMINISTRATION ARTICLE X. CODE ENFORCEMENT 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 Page 1 of 3 File ID: 4290 (Revision:) Printed On: 4/1/2025 File ID: 4290 Enactment Number: 13774 Sec. 2-830. Alternate code enforcement system createdReserved. {a) The city establishes, pursuant to F.S. § 162.03(2), which is deemed as being code enforcement boards or special master(s) designated by the local governing non criminal penalties-againsst violatorss oft ss Code, and//or zoning ordinance (b) The city commission may appoint special master(s), who shall be authorized to perform duties in the same capacity as the code enforcement board. The city commission will consider the qualified applicants submitted from the city manager's office. The city commission may also delegate, by resolution, the appointment of cpccial mastcr(s) to the city managcr, who shall use the same criteria for their seleection, as set th in section 2 The special -masters l servtea-term of two years, with the reappointment from term to term upon approval of the majority vote of the city commission. The special master(s) shall possess such qualifications as rcquircd by this chaptcr, shall be subject to appointment and removal, with or commission resolution or in an agreement with the city manager. penalties and shall have all powers provided by law. (d) The city attorney, an assistant city attorney, or the city attorney's designee acting by and through the city attorney shall represent the city by presenting cases before the cpecial master. {e) The code enforcement board's attorney shall serve as general counsel to the special master(s). *„ 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 30 days after final reading and adoption thereof.2 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 Page 2 of 3 File ID: 4290 (Revision:) Printed on: 4/1/2025 File ID: 4290 Enactment Number: 13774 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 3 of 3 File ID: 4290 (Revision:) Printed on: 4/1/2025