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File ID: #15994
Ordinance
• == moored by: Miguel Gabela, Commissioner, Damian Pardo, Commissioner
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.
City of Miami File ID: 15994 (Revision: A) Printed On: 8/1/2024
City of Miami
Legislation
Ordinance
Enactment Number: 14291
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.
"INCOMPLETE (ITEM WAS ADOPTED WITH MODIFICATIONS). PENDING FINAL APPROVAL AS
TO FORM AND CORRECTNESS BY CITY ATTORNEY."
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 File ID: 15994 (Revision: A) Printed On: 8/1/2024
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
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.
1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The
remainina provisions are now in effect and remain unchanaed Asterisks indicate omitted and unchanaed material
City of Miami File ID: 15994 (Revision: A) Printed On: 8/1/2024
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 cap 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 iudges, or current / former administrative hearing officers / magistrates. For purposes of
this chapter, a-n-€1. 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
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.
City of Miami File ID: 15994 (Revision: A) Printed On: 8/1/2024
(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").
(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 chaptcr /1 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,"
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.
City of Miami File ID: 15994 (Revision: A) Printed On: 8/1/2024
(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 h„me teas vioIator� 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 City Attorney's Designee, 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
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
City of Miami File ID: 15994 (Revision: A) Printed On: 8/1/2024
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 far -the purposes for which .t 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.
(h) This section shall automatically sunset on December 31, 2021 unless earlier repealed by
the city commiion.
*„
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
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 uoon the effective date stated herein. whichever is later.
City of Miami File ID: 15994 (Revision: A) Printed On: 8/1/2024
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami File ID: 15994 (Revision: A) Printed On: 8/1/2024