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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #6462 Resolution Sponsored by: Commissioner Wifredo Gort, Commissioner Manolo Reyes A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMPLEMENT A PROGRAM TO MONITOR REPEAT VIOLATIONS AS DEFINED IN CHAPTER 2, ARTICLE X, SECTION 2-811 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND EXPEDITE REPEAT VIOLATION CASES TO BE HEARD BEFORE THE CODE ENFORCEMENT BOARD FOR ENHANCED PENALTIES PURSUANT TO SECTION 162.09, FLORIDA STATUTES; FURTHER URGING THE CODE ENFORCEMENT BOARD TO ORDER REPEAT VIOLATIONS TO BE PLACED WITHIN THE MONITORING PROGRAM IMPLEMENTED BY THE CITY MANAGER AND UPON A SUBSEQUENT FINDING OF GUILT AND TO IMPOSE ANY AND ALL ENHANCED PENALTIES ALLOWED UNDER THE LAW, INCLUDING BUT NOT LIMITED TO COSTS AND ADMINISTRATIVE FEES INCURRED BY THE CITY OF MIAMI; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami Legislation Resolution Enactment Number: R-19-0421 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6462 Final Action Date:10/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMPLEMENT A PROGRAM TO MONITOR REPEAT VIOLATIONS AS DEFINED IN CHAPTER 2, ARTICLE X, SECTION 2-811 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND EXPEDITE REPEAT VIOLATION CASES TO BE HEARD BEFORE THE CODE ENFORCEMENT BOARD FOR ENHANCED PENALTIES PURSUANT TO SECTION 162.09, FLORIDA STATUTES; FURTHER URGING THE CODE ENFORCEMENT BOARD TO ORDER REPEAT VIOLATIONS TO BE PLACED WITHIN THE MONITORING PROGRAM IMPLEMENTED BY THE CITY MANAGER AND UPON A SUBSEQUENT FINDING OF GUILT AND TO IMPOSE ANY AND ALL ENHANCED PENALTIES ALLOWED UNDER THE LAW, INCLUDING BUT NOT LIMITED TO COSTS AND ADMINISTRATIVE FEES INCURRED BY THE CITY OF MIAMI; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, certain properties within the City of Miami ("City") continuously violate the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, these properties continue to burden the quality of life of City residents; and WHEREAS, Chapter 2, Article X, Section 2-811 of the City Code defines Repeat Violations as a "violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations"; and WHEREAS, the City Commission believes properties that commit Repeat Violations should be monitored on an ongoing basis to ensure continuous compliance with the City Code; and WHEREAS, the City Commission directs the City Manager to implement a program to monitor the maintenance and compliance of Repeat Violations; and WHEREAS, the City Commission urges Code Enforcement Board ("CEB") to prioritize Repeat Violations and to ensure all enhanced penalties allowed under the law, including cost and administrative fees incurred by the City, are imposed against Repeat Violations; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to take the actions stated herein to enhance the quality of life for its residents; 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 Resolution are adopted and incorporated as if fully set forth in this Section. Section 2. The City Manager is directed to immediately prioritize improving the quality of life of the City's residents by implementing a program to monitor Repeat Violations as defined in Chapter 2, Article X, Section 2-811 of the City Code by pursuing enhanced penalties pursuant to Section 162.09, Florida Statutes, in cases related to Repeat Violations before the CEB. Section 3. The CEB is urged to place properties containing Repeat Violations in the monitoring program implemented by the City Manager and upon a subsequent finding of guilt, to impose any and all enhanced penalties allowed under the law, including but not limited to costs and administrative fees incurred by the City. Section 4. This Resolution shall become effective immediately after final reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 9/17/2019 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.