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HomeMy WebLinkAboutO-14291City of Miami Ordinance 14291 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15994 Final Action Date: 6/27/2024 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY REINSTATING SECTION 2-830 OF THE CITY CODE, TITLED "ALTERNATE CODE ENFORCEMENT SYSTEM," PROVIDING FOR AN ALTERNATE CODE ENFORCEMENT SYSTEM THAT GIVES SPECIAL MAGISTRATES THE SAME AUTHORITY AS THE CODE ENFORCEMENT BOARD TO HOLD HEARINGS AND IMPOSE FINES, COST, LIENS, AND OTHER NON -CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY CODE; PROVIDING FOR THE QUALIFICATIONS, APPOINTMENT, POWERS, COMPENSATION, AND RETENTION OF SPECIAL MAGISTRATES; AND TO AMEND SECTION 2-817(b)(3) OF THE CITY CODE PERTAINING TO IRREPARABLE OR IRREVERSIBLE VIOLATION FINES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Miguel Angel Gabela, Commissioner Damian Pardo WHEREAS, Section 162.02, Florida Statutes, authorizes the creation of municipal administrative boards with authority to impose administrative fines and other non -criminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing codes and ordinances; and WHEREAS, it is the intent of the City of Miami ("City"), pursuant to Section 162.02, Florida Statutes, to promote, protect, and improve the health, safety, and welfare of the City's residents; and WHEREAS, pursuant to Section 162.03(2), Florida Statutes, a municipality may adopt an alternate code enforcement system that gives code enforcement boards ("CEBs"), Special Magistrates designated by the local government body, or both, the authority to hold hearings and assess fines, costs, and liens against violators; and WHEREAS, a Special Magistrate has the same status and powers as a CEB pursuant to Chapter 162, Florida Statutes, the provisions of which are relied upon by the City in codifying this alternate code enforcement system; and WHEREAS, the City Commission has previously approved and authorized the use of Special Magistrates in addition to a CEB to preside over code enforcement cases; and WHEREAS, the appointment of Special Magistrates as an alternative code enforcement system provides a rapid and inexpensive method for the City to address code violations; and City of Miami Page 1 of 7 File ID: 15994 (Revision: A) Printed On: 7/31/2025 File ID: 15994 Enactment Number: 14291 WHEREAS, the alternate code enforcement method providing Special Magistrates with the same powers and authority as the CEB is necessary to reduce the amount of time property owners must wait to have their cases addressed; and WHEREAS, reinstating the alternate code enforcement system will afford property owners cited with violations the opportunity to have their cases set for a hearing in a timely fashion; and WHEREAS, the present alternate code enforcement system will continue to hear all ticket appeal matters as provided for in Section 2-823 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to amend the City Code by reinstating the use of Special Magistrates for the purposes stated herein; and WHEREAS, the Legislature adopted Florida Statutes Chapter 162 to provide for the imposition of fines and liens for violations of City Codes, and adopted Section 162.09(2)(a)-(d) for the imposition of fines for any violations found to be irreparable or irreversible in nature; 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 and incorporated as if fully set forth in this Section. Section 2. Chapter 2 of the City Code is amended in the following particulars:1 "CHAPTER 2 ADMINISTRATION ARTICLE X. CODE ENFORCEMENT Sec. 2-811. Definitions. For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: Board means any of the code enforcement boards or special magistrate(s), when serving in lieu of the board, appointed pursuant to the applicable provisions of this Code. Code means the provisions of technical codes in the city, including but not limited to local business tax receipts, fire, building, zoning, and sign codes. "Code" also includes past, and future duly adopted amendments to existing city technical codes and also includes technical 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 2 of 7 File ID: 15994 (Revision: A) Printed on: 7/31/2025 File ID: 15994 Enactment Number: 14291 codes and standards which have been or may be expressly incorporated, approved, or adopted by reference in any city technical code together with all past and future duly amended provisions of such technical codes and standards. Code inspector means the authorized agent or employee of the city so designated in section 2-813 whose duty it is to ensure code compliance. Petitioner means the city. Repeat violation means 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. Special magistrate(s) means a person(s) appointed by the city commission, or pursuant to city commission authorization, to preside over the code enforcement hearings in the same capacity as the code enforcement board. The City Manager, in consultation with the City Attorney, shall recommend qualified applicants for Special Magistrate to the City Commission for their consideration. As many special magistrates as deemed necessary by the city manager shall be appointed. A minimum of five (5) Special Magistrates shall be appointed per calendar year to serve on a random rotation basis. The special magistrate(s) shall have the same status as an enforcement board, pursuant to Florida Statute Chapter 162. The special magistrate(s) shall be an attorney at law admitted to the practice law in the state, a member in good standing of the Florida Bar, shall possess outstanding reputations for civic pride, interest, integrity, responsibility and business or professional ability, and have significant knowledge of the City Code enforcement matters and City Code. Preference shall be provided for qualified city residents, retired judges, or current / former administrative hearing officers / magistrates. For purposes of this chapter, and all actions taken pursuant to its provisions, whenever a special magistrate serves, instead of, or in addition to, the Code enforcement board, including, but not limited to, holding hearings and assessing fines, costs, and liens, the terms "special magistrate" shall be synonymous with the term "board." Sec. 2-813. Code inspector. The city manager and his/her designated agents, acting by and through him/her, are hereby authorized and it is his/her duty to ensure code compliance. Sec. 2-814. Enforcement procedure. (a) It shall be the duty of the individuals designated in section 2-813 to initiate enforcement proceedings of the various code violations. Neither the board, nor any individual member of the board, nor a special magistrate shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsection (c) hereof, if a violation of the code is found, the code inspector shall notify the violator in writing and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall request a hearing in writing pursuant to the procedure outlined in section 2-815 hereof. If approved by the city attorney, the violation will be scheduled for a City of Miami Page 3 of 7 File ID: 15994 (Revision: A) Printed on: 7/31/2025 File ID: 15994 Enactment Number: 14291 hearing and written notice shall be given to said violator as provided herein. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the board or special magistrate, even if the violation has been corrected prior to the hearing, and notice shall so state. (c) If a violation is found to have been repeated by a violator pursuant to F.S. § 162.04(5), or who admitted to violating the same provision within five years prior to the violation, the code inspector shall notify the violator that the violation must be cured immediately. The code inspector, upon notifying the violator of the repeat violation, shall then notify the code enforcement board or special magistrate by requesting an immediate hearing. The code enforcement board or special magistrate, through its clerical staff, shall promptly schedule a hearing before the board or special magistrate and shall provide notice pursuant to F.S. § 162.12. The case may then be presented to and sanctioned by the enforcement board or special magistrate even if the repeated violation has been corrected prior to the hearing, and the notice shall so state. Upon finding that the same violation has been repeated by the same violator(s), the board or special magistrate may order the violator(s) to pay a fine of not more than provided for in section 2-817 for each day the repeated violation continues beginning with the date the repeat violation is found to have occurred by the code inspector. (d) If the code inspector has reason to believe that a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the board or special magistrate and request a hearing. The code inspector, with the approval of the city attorney, may proceed directly with the procedure outlined in section 2- 815 without following the procedures of subsection (b), above. Sec. 2-817. Administrative costs, fines; liens. (a) The board or special magistrate, upon notification by the code inspector that an order has been complied with within the time specified in the order, shall accept such notification as acknowledgment of compliance and no fines shall be imposed. (b)The board or special magistrate, upon notification by the code inspector or city attorney that an order of the board or special magistrate has not been complied with by the set time for compliance, may order the violator(s) to pay a fine as follows: (1) Residential properties. By the board and/or special magistrate for not more than $250.00 per day that continues past the date of the order for compliance by the notice of violation and not more than $500.00 per day for a repeat violator. (2) Non-residential/commercial properties. By the board only for not more than $1,000.00 per day per violation that continues past the date of the order for compliance and not more than $5,000.00 per day per violation for a repeat violator. Non-residential shall also mean any residential property being used outside the scope of its allowable use pursuant to Ordinance No. 13114, the zoning ordinance of the city, as amended ("Miami 21 Code"). City of Miami Page 4 of 7 File ID: 15994 (Revision: A) Printed on: 7/31/2025 File ID: 15994 Enactment Number: 14291 (3) If the violation is also found to be irreparable or irreversible in nature by the Code Enforcement Board or Special Magistrate, whether the property is homestead, non - homestead, or commercial and is a violation of chapter /I of the City Code, titled "Alcoholic beverages," chapter 17, article I of the City Code, titled "Environmental protection/tree protection in general," chapter 22 of the City Code, titled "Garbage and other solid waste," or chapter 62, article XIII, division 5 of the City Code, titled "Planning and zoning/planning and zoning approval for temporary uses and occupancies; permit required/murals," a fine of up to $15,000.00 per violation can be ordered in accordance with the criteria set forth in subsection (c) below. (c) In determining the amount of the fine, if any, the board, or special magistrate shall consider the following factors: (1) The gravity of the violation. (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (d) Mitigation of outstanding fine/lien by code enforcement board or special magistrate. (1) Mitigation of fine for homestead properties. An enforcement board or special magistrate may reduce an outstanding fine of a homestead property based on the criteria above once a violator has complied with the order, after the city has collected its costs as determined by the city manager or designee, and for good cause shown. (2) Mitigation of fine for non -homestead properties. The board or special magistrate is hereby authorized to mitigate fines as follows : with non homestead violators, provided that the total amount of the daily fine imposed by the enforcement board or special magistrate may only be reduced to the percentage stated in the schedule below (the percentage on the chart below refers to percentage of the lien to be paid. One hundred percent as reflected in the chart means no mitigation is allowed and the total lien shall be paid): i. For residential homestead properties: Fines may be reduced as determined/recommended by the City Manager's designee and CEB/Magistrate. ii. For residential single-family non -homestead properties: Accrued fines cannot be lowered more than 98% or at least $5,000. iii. For residential multi -family properties and commercial properties, fines may only be reduced to the percentage stated in the schedule below (the percentage on the chart below refers to the percentage of the lien to be paid. One hundred percent as reflected in the chart means no mitigation is allowed and the total lien shall be paid): Sec. 2-830. Alternate code enforcement board system. (a) The city establishes, pursuant to F.S. § 162.03(2), which is deemed as being incorporated by reference herein, an alternate code enforcement system which gives code enforcement boards, special magistrates designated by the local governing body, or both the authority to City of Miami Page 5 of 7 File ID: 15994 (Revision: A) Printed on: 7/31/2025 File ID: 15994 Enactment Number: 14291 hold hearings and assess fines, costs, liens, and other non -criminal penalties against violators of the City Code and/or zoning ordinance. (b) In appointing special magistrates, the city commission will consider the qualified applicants submitted from the city manager who shall meet the criteria for their selection as set forth in section 2-811 of the City Code and through a request for qualifications issued by the procurement department. (c) The special magistrate(s) will serve for a term of two years with the reappointment of one additional one-year term upon approval of the majority vote of the city commission. The special magistrate(s), if they have a residence in the city, shall not have any open code violations; shall possess such qualifications as required by this chapter; shall be subject to appointment and removal, with or without cause, by the city commission; and shall be compensated as set forth by city commission resolution. Any of these requirements may be waived through a four -fifths affirmative vote of the city commission. Special Magistrates shall be assigned to cases or hearing dates on a double-blind random process established by the City Manager in consultation with the City Attorney. (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 special magistrate. (e) Commencing with the calendar year 2020 2024 and in coordination with the city attorney's office and the office of management and budget, each special magistrate shall prepare bi- annual reports to the city manager and to the city commission in the following manner: By January 15, 2021 2025, and thereafter by January 15 and July 15 of each subsequent year, each special magistrate shall submit a report setting forth the following information regarding the meetings over which the special magistrate presided: (1) number of cases heard by case type and the dates heard; (2) dollar amount of mitigations, as applicable; (3) average length of extensions of time provided; (4) list of the special magistrate's accomplishments, trainings, and continuing education that assists the special magistrate with carrying out his or her duties; and (5) whether the ordinance creating the alternate enforcement system should be amended to better enable the special magistrate(s) to fulfill their responsibilities and serve fef-the purposes for which it the alternate enforcement system was created. (f) (g) The following time -sensitive violations will be set for a hearing before a special magistrate only in the event that the code enforcement board cannot hear the case within 30 ten (10) days from the date of the violation being issued: Failure to maintain a lot in a safe, clean condition, not allowing accumulation of debris, trash, or dense growth of grass; use not allowed in transect zone; vacant, blighted, unsecured or abandoned structure; illegal rooming house; failure to obtain a warrant; obstruction of required vision clearance at an intersection; failure to protect a tree during development, life safety or irreparable harm violations. The special magistrate(s) shall have the authority to hear all cases in the same manner as the board; however, the city, through the city manager, shall have the authority to set the parameters of the types of cases to be heard by the special magistrates based upon the type and current number of cases and motions pending. These parameters may be updated from time to time, as necessary. City of Miami Page 6 of 7 File ID: 15994 (Revision: A) Printed on: 7/31/2025 File ID: 15994 Enactment Number: 14291 (h) The Code Compliance Department shall present a report to the City Commission within six (6) months of adoption of this Ordinance. This section shall automatically sunset on December 31, 2021 unless earlier repealed by the city commission. *„ 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 thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: g III, C yQttory / 10/2/2024 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 Page 7 of 7 File ID: 15994 (Revision: A) Printed on: 7/31/2025