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HomeMy WebLinkAboutResolutionCity of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5516 Final Action Date: 3/28/2019 MAY BE WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE CODE ENFORCEMENT TASK FORCE FOR A PERIOD NOT TO EXCEED SIXTY (60) DAYS PURSUANT TO SECTION 14 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 2, ARTICLE XI, DIVISION 2, SECTION 2-883 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO REVIEW, RECOMMEND, AND ADVISE ON MATTERS RELATED TO THE PROCESSING, HANDLING, AND INVESTIGATING OF CODE COMPLIANCE VIOLATIONS; STATING THE TASK FORCE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): City Commission WHEREAS, it was recommended at the February 14, 2019 City Commission meeting to create a thirteen (13) member task force composed of Elected Officials, City of Miami staff, and residents that can meet, collect information, gather feedback from other residents, review comments, and provide recommendations related to code compliance issues; and WHERES, Section 14 of the Charter of the City of Miami, Florida, as amended ("City Charter"), allows for the Mayor, City Commission, or any committee thereof to investigate the official acts and conduct of any City Official and to secure information upon any matter; and WHEREAS, Chapter 2, Article XI, Division 2, Section 2-883 of the Code of the City of Miami, Florida ("City Code") as amended, allows for the creation of new boards by either Ordinance or Resolution; and WHEREAS, the City Commission has deemed it necessary to establish a Code Enforcement Task Force ("Task Force") to review, investigate, and provide recommendations regarding code compliance matters; and WHEREAS, the Task Force's responsibilities shall be deemed completed after sixty (60) days upon submission of its written recommendations and after a public meeting on said recommendations; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Task Force is hereby established. Section 3. Purpose, Powers, and Duties. The purpose, powers, and duties of the Task Force are: City of Miami Page 1 of 4 File ID: 5516 (Revision:) Printed On: 3/4/2025 File ID: 5516 Enactment Number: a. To review the policies and procedures of the Department of Code Compliance Office; b. To collect information and feedback from community members related to code compliance matters; c. To investigate pending code compliance violations; and d. To provide a written submission of recommendations related to its findings to the City Commission. Section 4. Membership, Composition, Appointments, Qualifications, Minimum Attendance Requirements, Removal, Appointment to Fill Vacancies, and Waiver. a. Composition, Appointment, and Qualifications. The Task Force shall consist of thirteen (13) regular voting members. All members shall be permanent residents of the City and shall have good reputations for integrity and community service. All members will serve without compensation. In addition, all members should have demonstrated an interest in, or experience relating to, the City Code or other governmental code enforcement procedures and processes. All members shall be subject to the provisions set forth in Section 2-884 of the City Code. Members shall be appointed as follows: 1. The Mayor; and 2. Each of the five (5) District Commissioners; and 3. The Director of Code Compliance; and 4. One (1) member shall be nominated by the Mayor; and 5. One (1) member shall be nominated by each of the five (5) District Commissioners for a total of five (5) members; and 6. No alternates shall be appointed. b. Minimum Attendance Requirements. It is expected that the appointed citizen members of the Task Force attend each meeting. Unless otherwise excused, pursuant to the discretion of the Chairman as described below, any member of the Task Force, other than the Mayor of City Commissioner, who is absent more than three (3) meetings, shall automatically be deemed to have vacated his/her position. The Chairperson of the Task Force, may at their discretion, determine if an absence is excused for the purpose of avoiding automatic vacating of said member's position. c. Removal The City Commission shall have the power to remove any citizen member, for cause, as articulated by the City Commission, by four -fifths (4/5ths) vote of its membership or a unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation. d. Vacancies In the event a vacancy occurs on the Task Force, whether automatically, by vote, of the City Commission, or by resignation of the member, the Mayor, or the district Commissioner may, by majority vote, appoint a qualified person to fill the remaining term of the vacant position. The appointment may be made at the next regularly scheduled meeting of the City Commission or as soon as practicable thereafter. Such appointment City of Miami Page 2 of 4 File ID: 5516 (Revision:) Printed on: 3/4/2025 File ID: 5516 Enactment Number: shall be consistent with the residency requirements stated in Section 4(a) of this Resolution. e. Waiver The City Commission shall have the power to waive any of the requirements of Section 4 of this Resolution by four -fifths (4/5ths) vote of its membership or a unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignations, death, suspension, or physical incapacitation. Section 5. Officers. At the initial organizational meeting, the members of the Task Force shall select and designate a Chairperson and Vice -Chairperson from among the members of the Task Force who shall serve at the pleasure of the Task Force. Section 6. Meetings and Quorum. All meetings of the Task Force shall be noticed and open to the public. The public shall be encouraged to submit oral and written comments to the Task Force. A minimum of fifty percent (50%) plus on (1) of the Task Force's total members shall constitute a quorum for the purpose of convening any meeting. An affirmative vote of not less than fifty percent (50%) plus one (1) of the members present and voting at any meeting is required for any action to be taken by the members. Section 7. Rule of Procedures The Task Force may adopt its own order of business and rules of procedure governing its meetings, and take actions on matters within its jurisdiction, not inconsistent with the provisions set forth herein, which rules of procedure shall be filed with the City Clerk. The Task Force and any executive committee or subcommittee, if applicable, shall comply with all requirements of Chapters 119 (Public Records) and 286 (Sunshine Law), of the Florida Statutes. The minutes of each meeting shall be promptly made available and such records shall be open to public inspection. Copies of minutes of all Task Force meetings shall be furnished to the Mayor, City Commissioners, City Attorney, and City Manager. Section 8. Legal Counsel The City Attorney shall serve as legal counsel to the Task Force and shall provide legal advice on all matters considered by the Task Force. The City Attorney or designee shall provide legal support to the Task Force and attend Task Force meetings accordingly. Section 9. Assignment of Staff It shall be the duty of the City Manager to provide full cooperation and sufficient personnel for necessary administrative support to the Task Force, including assignment of an individual to act as liaison and secretary to the Task Force as well as the assignment of individuals from City Departments and Offices, as may be necessary, to advise the Task Force about ongoing and pending projects. It shall be the duty of the Task Force's liaison to keep minutes or cause said minutes to be taken at all meetings, maintain committee correspondence, post meeting notices with the City Clerk, file reports, and perform all other necessary support functions. The City Manager may participate in deliberations of the Task Force and may give technical and policy advice to the Committee as requested. City of Miami Page 3 of 4 File ID: 5516 (Revision:) Printed on: 3/4/2025 File ID: 5516 Enactment Number: Section 10. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: end e ezCiity Attor ey 2/19/2019 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 File ID: 5516 (Revision:) Printed on: 3/4/2025