HomeMy WebLinkAboutO-13881City of Miami
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Miami, FL 33133
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Ordinance: 13881
File Number: 6357 Final Action Date: 12/12/2019
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 REPLACING THE TERM
"SPECIAL MASTERS" WITH "SPECIAL MAGISTRATES" THROUGHOUT
CHAPTER 2/ARTICLE X OF THE CITY CODE TO BE CONSISTENT WITH
CHAPTER 162, FLORIDA STATUTES, AND BY ESTABLISHING A NEW
SECTION 2-830 OF THE CITY CODE, TITLED "ALTERNATE CODE
ENFORCEMENT SYSTEM"; PROVIDING FOR THE ADOPTION OF 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;
CLARIFYING THE ROLE OF THE CITY ATTORNEY WITH RESPECT TO
SPECIAL MAGISTRATES; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE AND A SUNSET PROVISION.
SPONSOR(S): Commissioner Wifredo (Willy) Gort
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
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File ID: 6357
Enactment Number: 13881
WHEREAS, on July 12, 2018, pursuant to Ordinance No. 13774, the alternate code
enforcement system was abolished; 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
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 alternate code enforcement system will hold meetings twice a month
that will be televised by the Office of Communications; and
WHEREAS, the 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 an alternate code enforcement system and
establishing Section 2-830 of the City Code for the purposes stated herein with a sunset date of
December 31, 2020;
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, titled "Administration," is amended in the
following particulars:'
"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:
' 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.
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File ID: 6357
Enactment Number: 13881
Board means any of the code enforcement boards or Special MasterMagistrate(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.
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 shQ 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. As many Specialmi rTasters; Magistrates as deemed
necessary by the city manager shall be appointed. The Special master Magistrate(s) shall have
the same status as an enforcement board, pursuant to Florida Statute Chapter 162. The Special
mmaster-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. For purposes of this chapter,
and all actions taken pursuant to its provisions, whenever a Special master Magistrate serves,
instead of the enforcement board, including, but not limited to, holding hearings and assessing
fines, costs, and liens, the terms "Special masteiMaaistrate" shall be synonymous with the term
"board."
Sec. 2-812. Code enforcement board composition; terms; organization; role of city attorney.
(a) The city commission may appoint one or more seven -member code enforcement boards.
The city commission may appoint up to two alternate members for each code enforcement
board to serve on the board in the absence of board members and to assure a quorum at every
meeting. Members of the boards shall be residents of the city. Appointments shall be made in
accordance with the City Charter on the basis of experience or interest in the subject matter
jurisdiction of the boards. The membership of the boards shall whenever possible consist of an
architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor.
(b) The initial appointments to each code enforcement board shall be as follows:
(1) Two members appointed for a term of one LlLyear.
(2) Three members appointed for a term of two JLyears.
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(3) Two members appointed for a term of three f2Lyears.
(4) One alternate member shall be appointed to each code enforcement board for an initial
term of two JLyears, the other alternate member shall be appointed to an initial term of one
year. Thereafter all members and alternate members shall serve terms of three years each.
Any member or alternate member may be reappointed from term to term upon approval of a
majority vote of the city commission. Appointments to fill any vacancy on any code enforcement
board shall be for the remainder of the unexpired term of office. If a member fails to attend three
successive meetings or a total of more than four meetings within a calendar year, the
member shall automatically forfeit his/her appointment. The city clerk shall inform the city
commission in writing of such forfeiture, and the city commission shall promptly fill such
vacancy. The members shall serve in accordance with the City Charter and may be suspended
and removed by the city commission for good cause shown. An alternate member may be
reappointed from term to term by a majority vote of the city commission. Any alternate may be
appointed as a member of the seven -member board upon the expiration of the term of a full-
time member; or may be appointed to fill the remainder of the unexpired term of a full-time
board member should a vacancy be created. When a vacancy is created for an alternate
position, a new alternate member shall be promptly appointed to fill such vacancy for the
remainder of the alternate term or for an initial term if the alternate term has expired.
(c) The members of the board shall elect a chairperson, who shall be a voting member, from
among the members of the board. The presence of four mor more members shall constitute a
quorum of the board and said four members may include alternate board members.
Members shall serve without compensation; but may be reimbursed for such travel, mileage,
and per diem expenses as may be authorized by the city commission or as otherwise 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 board.
(e) No certificate of use shall be issued or renewed for a specific location or unit thereof which
is the subject of an ongoing enforcement procedure pursuant to sections 2-814 and 2-823, if the
subject violation is for illegal construction activity at said specific site. The certificate of use shall
be withheld by the zoning administrator until such time as said violation is corrected and all
attendant fines are paid in full, or the code enforcement board or Special master Maoistrate or a
court of competent jurisdiction issues an order determining that the subject construction activity
is not illegal under applicable law. For purposes of this section, illegal construction activity shall
mean the construction, erection, alteration, or repair of any building, structure, or property,
including signage, demolition, excavation, or removal of any element thereof, without first
obtaining the requisite permit therefor from the city.
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
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board, nor a Special master 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 master 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. Section
162.04(5), Florida Statutes, 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 repeated violation, shall then
notify the code enforcement board or Special master Magistrate by requesting an immediate
hearing. The code enforcement board or Special master Magistrate, through its clerical staff,
shall promptly schedule a hearing before the board or Special master Magistrate and shall
provide notice pursuant to Section 162.12, Florida Statutes. The case may then be
presented to and sanctioned by the enforcement board or Special roaster Magistrate even if the
repeated violation has been corrected prior to the hearing, and notice shall so state. Upon
finding that the same violation has been repeated by the same violator(s), the board or Special
m;;,; er Magistrate may order the violator(s) to pay a fine of not more than $500.00 for each day
the repeated violation continues past the date set for compliance, for each time the violation has
been repeated; unless the violation is of art+e',e-R_.1r entitled "Trop Drn+on+ie.p" of (lyd-Opanno nen
11000 of the 7nninn nrrlin;ono of the Gity Chapter 17, Article I of the Citv Code, titled "Tree
Protection in General;" Article 10 eetitled "Sign Regulations" of Ord-Opapruee We. 11000 ef
Znninn of the Gitythe Miami 21 Code; or of Chapter 62, Article 13, Section 62-601
through 62-618 regarding murals of these City Code, then the fine will not exceed $5,000.00 per
day per violation.
(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 master Maaistrate 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. 2-815. Conduct of hearing.
(a) The chairperson of the board or Special master Maaistrate may call hearings. Hearings
may also be called by written notice signed by at least three members of the seven -member
enforcement board or by two members of the board and one alternate member or by the
Special master Maaistrate. The board or Special mer Maaistrate at any hearing may set a
future hearing date. The board shall meet at least once every month, but may meet more often
as the demand necessitates. The Special rrlaster Maaistrate shall hold hearings as necessary.
Minutes shall be kept of all hearings. All hearings and proceedings shall be open to the public.
The city commission, by and through the city manager, shall provide all necessary clerical and
administrative staff support to the board or Special master Maaistrate, including space and
City of Miami Page 5 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
necessary expenses which may be reasonably required by the board or Special master
Maqistrate for the proper performance of its duties.
(b) The chairperson of the board or Special master Magistrate, prior to hearing the cases on
the agenda of the day shall entertain special business or announcements forthcoming from the
city attorney. Announcements or special business may include a request to reopen a case over
which the board or Special master Magistrate still retains jurisdiction, and/or a request for an
extension of time on a compliance date. All special business cases presented to the board or
Special master Magistrate shall be reviewed by the city attorney or his/her assistants prior to the
hearing.
(c) Each case before the board or Special master Magistrate shall be presented by the city
attorney, an assistant city attorney or the city attorney's designee acting by and through the city
attorney after he/she determined that there is a legally sufficient case to be presented. If the city
attorney or assistant city attorney or the city attorney's designee prevails in prosecuting the case
before the board or Special master Magistrate, the city attorney may be entitled to recover all
prosecution costs incurred and such costs may be included in the lien authorized under section
2-817.
(d) The board or Special master Maqistrate shall proceed to hear the cases on the agenda for
that day. All testimony shall be under oath and shall be recorded by a video or audio recording
device. The board or Special master Magistrate shall take testimony from the code inspector
and other witnesses necessary to the case. The alleged violator(s) and owner(s) of the subject
property shall be given an opportunity to testify if desired but may not be compelled to offer
testimony or any evidence whatsoever. As in any administrative hearing, formal rules of
evidence shall not apply but fundamental due process shall be observed and govern said
proceedings.
(e) At the conclusion of the hearing, the board or Special master Maqistrate shall issue
findings of fact, based upon the evidence presented and made part of the record and
conclusions of law, and shall issue an order affording the proper relief consistent with the
powers granted herein. If the hearing is before the board, the findings shall be by motion
approved by a majority of those members and alternate members present and voting, except
that at least four (4) members of the board must vote in order for the action to be official, and
said four members may include alternate board members. Any motion failing to obtain the
above -required vote shall preclude the relief requested by the petitioner before the board as to
the administrative remedies afforded in this article. If the hearing is before the Special master
Maaistrate, the Special master Maaistrate shall issue the findings at the time of the hearing or
within 15 days of the hearing. If an appeal is taken, the record shall be presented to the court on
appeal and shall be subject to review. The order may include a notice that it must be complied
with by a specified date and that a fine may be imposed if the order is not complied with by said
date. If the order is not complied with by said date, a certified copy of such order shall be
recorded in the public records of the county and shall constitute notice to any subsequent
purchasers, successors in interest, or assigns that the violation concerns real property, and the
findings therein are binding upon them as well as the violator and as such, constitutes a lien on
said property. If an order is issued pursuant to this subsection and is complied with before or by
the date specified in the order, the enforcement board or Special master Maaistrate shall
acknowledge compliance with such order and no notice shall be recorded in the public records.
An affidavit acknowledging compliance shall be issued to the violator and to the board or
Special masteF Maaistrate. No hearing shall be required by the board or Special master
Maaistrate to acknowledge compliance.
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Enactment Number: 13881
(f) Once the alleged violator(s) has been properly noticed as to the hearing before the board
or Special master Magistrate and if the violator(s) fails to appear, the board or Special master
Maqistrate may proceed with a hearing on the merits of the alleged violation. Any findings or
orders resulting from such hearing are valid and binding upon said violator(s) if a violation is
found to exist.
(g) Once the owner(s) of the property at which the alleged violation has occurred has been
properly notified of the hearing before the board or Special master Maqistrate and fails to
appear, the board or Special master Maqistrate may proceed with a hearing on the merits of the
alleged violation and any findings or orders are valid and binding against said owner(s).
(h) If a corporation is either the violator or the owner of the property, notice as outlined herein
shall be affected upon the designated registered agent. If the corporation is a foreign
corporation that has failed to comply with F.S. § 48.091, notice shall be permitted to be served
upon any employee at the corporation's place of business or any agent transacting business for
it in this state.
Sec. 2-816. Powers of the code enforcement board and Special master Maqistrate;
miscellaneous administrative directions.
(a) The board and the Special master Maqistrate shall have the power to:
(1) Adopt rules for the conduct of hearings pursuant to this article.
(2) Subpoena witnesses and documents to appear at its hearings; notify violators to appear
before the board or Special master Maqistrate. Subpoenas may be served by the sheriff of the
county or the police department of the city.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Issue orders having the force of law commanding whatever steps are necessary to bring a
violation into compliance.
(b) At the hearing before the board or the Special master Maqistrate, the alleged violator and
owner of the subject property shall be given the opportunity to be represented by an attorney, to
call witnesses, to present documentary evidence, and to otherwise properly present his/her
position or defense.
(c) All forms, notices, etc., required by this article are to be drawn up and approved by the city
attorney.
(d) All initial notices to violators and owners pursuant to this article shall be sequentially
numbered by the clerk of the board or Special master Maaistrate. Each department shall keep
records of all cases initiated by that department.
(e) The board or Special master Maaistrate shall have a clerk appointed by the city manager
who shall be designated clerk of the code enforcement board or Special master Maaistrate.
Among other duties, the clerk shall be custodian of all cases and documents pertaining thereto
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Enactment Number: 13881
and shall have the authority to certify orders and other documents issued by the board or
Special =anter Maqistrate and to issue subpoenas in the name of the board or Special master
Maqistrate for service of process. The clerk shall ensure that fines are recorded in the public
record, if they are not timely paid, and shall notify the city attorney of any lien that has not been
paid after the expiration of two years from the date of filing such lien. The clerk may notify the
city attorney that a lien has not been paid at any time after a lien has been filed.
Sec. 2-817. Administrative costs, fines; liens.
(a) The board or Special master Maqistrate, 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 master Maqistrate, upon notification by the code inspector or city
attorney that an order of the board or Special master Maqistrate has not been complied with by
the set time for compliance, may order the violator(s) to pay a fine of not more than $262.50 per
day per violation that continues past the date set for compliance by the notice of violation,
unless the violation is of art+elea-R-. Ir entFtted "T-rp-ta sten" of nrrlinAnr p W) I100Chaoter
17, Article I of the Citv Code, titled "Tree Protection in General:", the 7nniRg A- +ho
Gity of Mien i, Article 10 e44titled "Sign Regulations" of crdinanno nen 11000 f the 7:G)RiRg
nrrlin�nno of the nity,the Miami 21 Code: or of Chapter 62, Article 13, sections 62-601 through
62-618 regarding murals of th+se City Code, then the fine will not exceed $1,100.00 per day per
violation, and not more than $5,250.00 per day per violation for a repeat violation.
(c) In determining the amount of the fine, if any, the board or Special master Maqistrate 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) An enforcement board or Special master Maqistrate may reduce a fine once a violator has
complied with the order, and for good cause shown. The board or Special master Maqistrate
however, hereby authorizes the city to mitigate fines with violators, provided that the total
amount of the daily fine imposed by the enforcement board or Special master Maqistrate may
only be reduced to the percentage stated in the schedule below:
Number of
Days Fine
Outstanding
1-30
31-60
61-90
91-120
Total Fine
Mitigation
(percent)
25
30
35
40
121-150 50
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151-180
181-210
211-240
241-270
F271 and up
60
70
80
90
100
Enactment Number: 13881
Any reduction below the percentages set forth above must be brought before the board or
Special mer Magistrate for its approval. If subject fine is reduced and violator fails to pay said
reduced fine within a period of 20 days from the day the offer to settle is made, then the original
fine shall be reinstated. In addition to daily fines, violators shall pay cost(s) of prosecution, if
any, which have been incurred by the city with respect to such violation.
(e) A certified copy of an order imposing a fine shall be recorded in the public records and
thereafter shall constitute a lien against the land on which the violation exists and upon any
other real or personal property owned by the violator and upon petition to the circuit court such
order may be enforced in the same manner as a court judgment by the sheriffs of this state,
including levy against personal property, but shall not be deemed otherwise to be a judgment of
a court except for enforcement purposes. Any fine imposed pursuant to this part shall continue
to accrue until the violator comes into compliance or until judgment is rendered in a suit to
foreclose on a lien filed pursuant to this section, whichever occurs first. After three months
from filing of any such lien which remains unpaid, the city attorney shall be automatically
authorized by the board or the Special mer Magistrate to foreclose on the lien and the city
shall decide within 45 days whether to proceed with foreclosure action. Once a determination to
foreclose has been made, the city attorney shall promptly institute foreclosure proceedings. No
lien created pursuant to F.S. CH. 162 may be foreclosed on real property which is a homestead
under section 4, article X of the state constitution. The city attorney shall report to the board or
Special mer Magistrate at each meeting with respect to any foreclosure actions that have
been instituted as well as any decision not to foreclose with respect to a lien.
(f) No lien provided by the Local Government Code Enforcement Boards Act shall continue for
a longer period than 20 years after the certified copy of an order imposing a fine has been
recorded, unless within that time an action to foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose a lien, the prevailing party is entitled to recover
all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation
of the lien affected by the commencement of the action shall not be good against creditors or
subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens
is recorded.
(g) The board or Special master Maaistrate may issue an order requiring payment of such
administrative costs not to exceed $52.50 when said costs are found to have been incurred as a
result of necessary actions taken by the petitioner to bring about code compliance.
(h) (1) Notwithstanding any other provision contained in the Code, the city manager may
authorize a subordinate lien position on loans for the finance or refinance of construction
improvements, or release or satisfy any lien placed on a property by the city or by any of its
agencies and instrumentalities if:
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(i) The property is used for the development or rehabilitation of affordable homeownership or
rental housing projects by a project sponsor that has been allocated funds by the city
commission or the city housing and commercial loan committee for such project, or
(ii) The property is located in a neighborhood development zone or its equivalent as defined
within the effective community development block grant program approved by the city and
accepted by the United States Department of Housing and Urban Development, as may be
amended, and is used for the development or rehabilitation of affordable homeownership or
rental housing projects in accordance with the city's five-year consolidated plan, as amended.
(2) City liens which may be subordinated, released or satisfied include but are not limited to:
demolition liens, lot clearing liens, solid waste liens, code enforcement liens and nuisance
abatement liens.
(3) (i) The lien or liens on the property shall not be released or satisfied, but may be
subordinated, unless all certificates of occupancy required for the project, or their equivalent,
are issued. The lien or liens on the property shall not be subordinated, released or satisfied if, in
the judgment of the city manager, circumstances relating to the project make the release or
satisfaction inappropriate or unwarranted.
(ii) If a certificate of occupancy for an affordable housing project is not issued within 24
months of the lien or liens being subordinated, the subordination of the lien or liens shall
become null and void unless the city manager approves an extension for the certificate of
occupancy to be issued.
(4) The city shall record any subordination, release or satisfaction in the public records of the
county.
(5) The city shall not release or satisfy any lien on a property owned by the person whose
actions resulted in the lien being placed on the property. The city shall not release or forgive any
lien on a property owned by an immediate family member or a firm, corporation, partnership or
business entity of a person whose actions resulted in the lien being placed on the property. For
purposes of this section, the term "person" shall mean any individual, business, corporation
partnership, firm, organization or other type of entity or association. For purposes of this section,
the term "immediate family member" shall mean spouse, child, parent, niece, nephew, aunt,
uncle, grandparent, grandchild or anyone having one of these relationships by law.
(6) Release or subordination of a lien under this section shall not prohibit the city from
collecting the underlying fine/sum due by other legal means. Release of a lien pursuant to this
section shall not be deemed to mean that a violation underlying the lien has been cured.
Sec. 2-818. Appeal.
An aggrieved party, including the city, may appeal a final administrative order of the board or
Special masteF Maaistrate to the circuit court of the eleventh judicial circuit of Florida. Such an
appeal shall not be a hearing de novo but shall be limited to appellate review of the record
created before the board or Special masteF Maaistrate. An appeal shall be filed within 30 days
of the execution of the order to be appealed.
Sec. 2-819. Notices.
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(a) All notices required by this article shall be in writing and furnished by certified mail, return
receipt requested or by hand delivery by the sheriff or other law enforcement officer, code
inspector, or designated agent acting by and through the code inspector. In all cases the owner
of the subject property may be notified in addition to anyone else anyone else also charged with
an alleged violation occurring on the subject property. If notice is furnished by hand delivery, the
notice can be left at the violator's usual place of abode with any person residing therein who is
15 years of age or older and informing that person of its contents. If the violator is a corporation,
the notice can be delivered to the registered agent.
(b) In addition to providing notice as set forth in subsection (a) hereof, at the option of the
code enforcement board or Special mer Magistrate, notice may also be served by
publication, or posting, as follows:
(1) Such notice shall be published once during each week for four consecutive weeks (four
publications being sufficient) in a newspaper of general circulation in Miami -Dade County. The
newspaper shall meet such requirements as are prescribed under F.S. Ch. 50, for legal and
official advertisements.
(2) Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051.
(3) Proof of posting shall be verified by affidavit of the person posting the notice, which
affidavit shall include a copy of the notice posted and the date and places of its posting. Such
notice shall be posted for at least ten days in at least two locations, one of which shall be the
property upon which the violation is alleged to exist and the other of which shall be City Hall.
(4) Notice by publication or posting may run concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by mail as required under subsection (a).
(c) Evidence that an attempt has been made to hand deliver or mail notice as provided in
subsection (a), together with proof of publication or posting as provided in paragraphs (2) and
(3) of subsection (b) hereof, shall be sufficient to show that the notice requirements of this article
have been met, without regard to whether or not the alleged violator actually received such
notice.
Sec. 2-820. Non -exclusivity of remedy.
The provisions of this article are not the exclusive remedy or means for enforcement of the
Code of the city. The city's access to the courts of the state is neither precluded nor prohibited
by the enactment of this article.
Sec. 2-821. Civil offenses and penalties.
The violation of any provision of any city ordinance or City Code section shall constitute a civil
offense and be punishable by civil penalty in the amount as prescribed in section 2-829, or in an
amount deemed appropriate by a Special masteF Maoistrate upon review and a finding that the
violation exists or existed.
Sec. 2-822. Reserved.
Sec. 2-823. Civil infraction enforcement procedures.
City of Miami Page 11 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
(a) Code inspectors shall have the authority to initiate enforcement proceedings as listed
below. No Special master Magistrate shall have the power to initiate such proceedings.
(b) Prior to issuing a citation, a code inspector who after personal investigation, finds a
violation of the sections of this Code as amended and/or other ordinances adopted by this Code
as amended, from time to time, shall provide written notice of violation to the person that the
person has committed a violation of a code or ordinance and shall establish a reasonable time
period within which the person must correct the violation. Such time period shall be no more
than 30 days. If the inspector has reason to believe that the violation presents a serious threat
to the public health, safety, or welfare, or if the violation is irreparable or irreversible, the code
inspector does not have to provide the person with a reasonable time period to correct the
violation.
(c) If, upon personal investigation an inspector finds that the person has not corrected the
violation within the time period, the inspector shall issue a civil infraction notice to the violator.
Service shall be effected by delivering the civil infraction notice to the violator, or his/her agents,
or by leaving the civil infraction notice at the violator's usual place of abode with any person
residing therein who is 15 years of age or older and informing that person of its contents, or the
civil violation notice may be sent by certified mail, return receipt requested. In addition to
providing notice as set forth above, at the option of the inspector, notice may be served by
posting. Such notice shall be posted for at least ten (10) days in at least two (2) locations, one
hof which shall be the property upon which the violation is alleged to exist and the other of
which shall be City Hall. Proof of posting shall be verified by affidavit of the agent who posted
the notice. Evidence that an attempt has been made to hand deliver or mail notice together with
proof of posting shall be sufficient that notice requirements have been met.
(d) The civil infraction notice shall include but not be limited to the following:
(1) Date and time of issuance.
(2) Name of code inspector and division or department issuing the notice.
(3) Name and address of the violator.
(4) Section number of the code section or city ordinance that has been violated.
(5) Brief description of the nature of the violation, including location, date, and time of
violation.
(6) The applicable civil penalty if the person elects to contest the violation.
(7) The applicable civil penalty if the person elects not to contest the violation.
(8) Instructions and due date for paying the civil fine or filing for an administrative hearing
before a Special master Maaistrate to appeal the civil fine.
(9) Notice that failure to request an administrative hearing within ten days after service of
the civil infraction notice shall constitute a waiver of the violator's right to an administrative
hearing before the Special maker Maaistrate, and that such waiver shall constitute an
City of Miami Page 12 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
admission of violation and that a penalty may be entered against the violator for an amount up
to maximum civil penalty.
(10) Notice that the violator may be liable for the reasonable costs of the administrative
hearing should he/she be found guilty of the violation.
Sec. 2-824. Civil penalties.
(a) Penalties for violations of the provisions of any city ordinances or City Code section, as
amended, enforced by this article shall be in the amount as prescribed in the schedule of civil
penalties in section 2-829 or in an amount deemed appropriate by a Special master Magistrate.
(b) Civil penalties assessed pursuant to this article are due and payable to the city on the last
day of the period allowed for the filing of an administrative hearing before a Special master
Magistrate, or if proper appeal is made, when the appeal has been finally decided adversely to
the named violator.
Sec. 2-825. Rights of violators; payment of fine; right to appeal; failure to pay and correct.
(a) A violator who has been served with a civil infraction notice shall elect either to:
(1) Pay the civil penalty in the manner indicated on the infraction notice, and correct the
violation; or
(2) Request an administrative hearing before a Special master Magistrate to appeal the
determination of the inspector which resulted in the issuance of the civil infraction notice.
(b) An appeal for administrative hearing shall be accomplished by filing a request in writing to
set the hearing for review and mailing said request to the code enforcement clerk or his/her
designee or to the address indicated on the notice, not later than ten 110) days after the service
of the civil infraction.
(c) If the named violator, after notice, fails to pay the civil penalty and correct the violation
(within the time specified), or fails to timely request an administrative hearing before a Special
master Maaistrate, such failure shall constitute a waiver of the violator's right to an
administrative hearing before a Special Frlastei: Maaistrate. A waiver of the right to administrative
hearing shall be treated as an admission of the violation and penalties may be assessed
accordingly.
(d) Failure to correct the violation or file for an appeal within ten (10) days after notice of the
civil infraction has been provided will result in the case being forwarded to the code enforcement
board or appropriate Special masteF Maaistrate for further action.
Sec. 2-826. Conduct of administrative hearing.
(a) Upon receipt of a named violator's timely request for an administrative hearing, the code
enforcement clerk or his/her designee shall set the matter down for hearing on the next
available regularly scheduled hearing date or as soon as possible.
City of Miami Page 13 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
(b) The code enforcement clerk or his/her designee shall send a notice of hearing by certified
mail to the violator at his/her last known address. The notice of hearing shall include but not be
limited to the following:
(1) Name of the inspector who issued the notice;
(2) Factual description of the alleged violation;
(3) Date of alleged violation;
(4) Section of the Code allegedly violated;
(5) Place, date, and time of hearing;
(6) Right of violator to be represented by an attorney;
(7) Right of violator to present witnesses and evidence; and
(8) Notice that failure of violator to attend a hearing may result in civil penalty being assessed
against him/her.
(c) The Special master Magistrate shall conduct hearings on a regularly scheduled monthly
basis or more frequently upon request of the city manager or his/her designee. No hearing shall
be set sooner than 20 days from the date of service of the civil infraction.
(d) All hearings before the Special master Magistrate shall be open to the public. All testimony
shall be under oath. Upon proper notice, a hearing may proceed in the absence of the named
violator.
(e) The proceedings at the hearing shall be recorded electronically and/or by a stenographer,
and if recorded by a stenographer, such recording may be transcribed at the expense of the
party requesting the transcript.
(f) The city manager, or his/her designee, shall provide clerical and administrative personnel
to facilitate the proper issuance of civil infraction notices, processing and review of cases as
may be reasonably required, and for the proper performance of clerical and Special master
Maaistrate's duties.
(g) Each case before a Special master Maaistrate shall be presented by the inspector or
representative of the department which issued the violation.
(h) The hearing need not be conducted in accordance with formal rules of evidence and those
relating to witnesses. Any relevant evidence shall be admitted if the Special master Maaistrate
finds it competent and reliable, regardless of the existence of any common law or statutory rule
to the contrary.
(i) Each party shall have the right to call and examine witnesses, to introduce exhibits, to
cross examine opposing witnesses on any matter relevant to the issues even though that matter
was not covered in the direct examination, to impeach any witness regardless of which party
first called him/her to testify, and to rebut the evidence against him.
City of Miami Page 14 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
(j) The Special mer Magistrate shall make findings of fact based on the evidence in the
record alone. In order to make a finding upholding an inspector's determination that a violation
exists, the Special mer Magistrate must find that a preponderance of the evidence indicates
that the violator was legally responsible for the infraction of the relevant section of the city
ordinance or City Code as cited, and that a violation does/did in fact exist.
(k) The prescribed time for correction of the violation given to the named violator and
contained in the notice of violation shall be presumed to have been a reasonable time for
correction. Upon presentation of relevant evidence by the named violator that the time for
correction was not reasonable, the Special mer Magistrate may make a redetermination as to
the reasonableness of the time for correction contained in the notice of violation, if the time was
less than 30 days.
(1) If the named violator is found guilty of the violation, he/she may be held liable for the costs
of the prosecution.
(m) The fact-finding determination of the Special master Magistrate shall be limited to whether
the alleged violation did in fact occur and, if so, whether the person named in the civil infraction
is legally responsible for that violation. The Special master Magistrate shall either affirm or
reverse the determination of the inspector as to the responsibility of the named violator for the
correction of the city ordinance or City Code violation. If the Special master Magistrate reverses
the determination of the inspector and finds the named violator not responsible for the alleged
violation in the civil infraction, absent a successful appeal of the Special mom: Magistrate's
ruling by the city, the named violator shall not be liable for the payment of any civil penalty. If the
decision of the Special master Magistrate is to affirm the inspector's determination of violation,
then the following elements shall be included in the decision.
(1) Amount of civil penalty; and
(2) Costs of prosecution.
(3) Verbal warning that failure to comply with date by which violation must be corrected will
result in an automatic referral to the code enforcement board or appropriate Special master
Maaistrate.
(n) The Special maker Maaistrate shall have the power to:
(1) Adopt procedures for the conduct of hearings;
(2) Subpoena alleged violators and witnesses for hearings; subpoenas may be served by
either the city police department or by the staff of the Special master Maaistrate:
(3) Subpoena evidence;
(4) Take testimony under oath; and
(5) Assess and order the payment of civil penalties as provided herein.
(o) A Special master Maaistrate shall not conduct a hearing if the named violator, prior to the
scheduled hearing date, properly files, with a duly authorized city or county board of appropriate
City of Miami Page 15 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
jurisdiction for an administration interpretation of the legal provision(s) on which the alleged
violation was based. Upon exhaustion of the administrative review, finalization of the
administrative order by such board or body, and the lapse of time for review of said
interpretation, the Special master Magistrate may exercise all powers granted to him/her by this
article.
(p) The Special master Magistrate shall be bound by the interpretations and decisions of the
duly authorized city and county boards of appropriate jurisdiction concerning the provisions
within their respective jurisdictions. In the event that such a board or body finds that the cited
violation of the city ordinance or City Code has not been properly interpreted, that provision
upon which the violation is based, shall prohibit a Special master Magistrate from proceeding
with the enforcement of the alleged violation.
Sec. 2-827. Recovery of unpaid civil penalties; penalty to constitute a lien; foreclosure.
The city may institute proceedings in a court of competent jurisdiction to compel payment of civil
penalties.
Sec. 2-828. Appeals of orders of hearing officers.
(a) The violator or the city may appeal an order of a Special master Magistrate by filing a
petition for appeal with the Eleventh Judicial Circuit in and for Miami -Dade County. Such
appeal shall be filed within 30 days of the issuance of the order by the Special master
Magistrate. A violator shall have the right to a de novo appeal provided that all other
administrative remedies have been exhausted.
(b) In the absence of reversal of a Special master's Magistrate's ruling by an appellate court
of competent jurisdiction, the findings of the Special master Magistrate shall be conclusive as to
a determination of responsibility for the city ordinance or City Code violation, and such findings
shall be admissible in any proceeding not to collect unpaid penalties. If the violation is not
corrected within ten days of the final order of the Dade GGHFIt Court, the case will be
forwarded to the code enforcement board or appropriate Special master Maaistrate.
(c) Nothing contained in this article shall prohibit the city from enforcing its city ordinance or
City Code by any other means. The enforcement procedures outlined herein are cumulative to
all others and shall not be deemed to be prerequisites to filing suit for the enforcement of any
section of this Code.
Sec. 2-829. Schedule of civil penalties.
(a) The table contained herein in subsection (b) lists the sections of city ordinances or the City
Code, as they may be amended, from time to time, which may be enforced pursuant to the
provisions of this article; and prescribes the dollar amount of civil penalty for the violation of
these sections. For all contested tickets, an additional ten percent1( 0%) will be charged.
(b) The "descriptions of violations" below are for informational purposes only and the civil
penalties attached are meant only as proposed figures not intended to limit the nature, number
of or amount of fines to be imposed for the violations which may be cited in this section. To
determine the exact nature of the activity prescribed or required by this Code, the relevant Code
section, ordinance, or treatise cited in the specific violation must be examined.
City of Miami Page 16 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357 Enactment Number: 13881
CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
Code
eDescription of Violation CiviSection � Penalty
2-207 Failure to have a valid certificate of use. $105.00
2-265 Construction in right-of-way, nonconforming with public works standards. 210.00
10-63 Maintaining a vacant, blighted, unsecured or abandoned structure 1,050.00
17-72 Failure to obtain permit to trim trees located in the public right-of-way. 52.50
17-72 Failure to obtain required permit for removal of trees located in the public 525.00
right-of-way.
Failure to obtain permit to break, deface, cut, disturb, or interfere in any
17-73 way with the roots of any tree, shrub, or vine in a public highway or park. 210.00
17-76 Failure to place guards around all nearby trees, shrubs or vines in a public 210.00
highway or park during construction of a building.
17-77 Placing injurious substances on or near tree roots. 525.00
19-2.1 6Failure to have valid fire safety permit. 105.00
19-3 Failure to obtain public assembly permit. 105.00
19-4 Obstructing a required means of egress. 105.00
19-5 Failure to obtain flammable combustible liquids permit. 105.00
19-5(d) Failure to obtain required inspection of flammable liquids tanks/devices. 105.00
19-6 Failure to obtain explosives permit. 105.00
19-7 Failure to obtain fireworks permit. 105.00
19-26 Violation orders not corrected. 105.00
Failure by multi -family residential establishment having up to 25 units to —�
22-19 provide a recycling program in compliance with the requirements of 300.00
section 22-19.
Failure by multi -family residential establishment having between 26 units
22-19 and 100 units to provide a recycling program in compliance with the 650.00
requirements of section 22-19.
Failure by multi -family residential establishment having 101 or more units
22-19 to provide a recycling program in compliance with the requirements of 950.00
section 22-19.
Failure by commercial establishment having up to and including 3,000
22-20 square feet to provide a recycling program in compliance with the 300.00
,requirements of section 22-20.
Failure by commercial establishment having more than 3,000 and less
22-20 than 10,000 square feet to provide a recycling program in compliance with 650.00
,the requirements of section 22-20.
Failure by commercial establishment having more than 10,000 square feet
22-20 to provide a recycling program in compliance with the requirements of 950.00
(section 22-20.
City of Miami Page 17 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
22-116, Failure to maintain lot in a safe, clean condition not allowing accumulation 210.00
22-117 of debris, trash or a dense growth of grass.
22-146 Abandoned property on private property in the city. 525.00
29-1
(Landfill—Permit required.
1210.00
29-1
Failure to obtain fill permit prior to obtainment of building permit.
210.00
29-1
Filling land with unsuitable material.
Failure to level stockpiled material within a reasonable period of time.
Failure to protect against excess erosion of filling material.
525.00
210.00
29-4
29-4
210.00
29-4 Filling dedicated or undedicated public right-of-way with unsuitable 1525.00
material.
29-5 Failure to notify resilience and public works department 24 hours prior to 210.00
start of filling operation.
29-53
Failure to obtain mandatory inspections for filling land in Biscayne Bay.
210.00
29-53
Failure to obtain final inspection for filling land in Biscayne Bay.
525.00
29-54
29-83
Filling in Biscayne Bay in violation of the provisions of this article.
Failure to obtain waterfront improvement permit.
210.00
210.00
29-93
and 29- Failure to obtain required inspections for waterfront improvements
94
29-95 (Failure to maintain waterfront improvements.
31-26 (Failure to have a valid local business tax receipt.
35-10 (Parking for certain purposes prohibited:
210.00
525.00
262.50
No person shall park a vehicle upon any street or within the public
(a) right-of-way for the unlawful purposes as per subsections (a)(1), (2), 210.00
(3), (4) and (5).
No person shall park a commercial vehicle, bus, trailer or semi -trailer
(b) upon any street or within the public right-of-way in any zoned 105.00
residential district.
(c) No person shall park upon any street or within the public right-of-way 105.00
in any zoned residential district of the city a truck of unlawful size.
Unlawful parking of construction equipment such as earth moving
(d) machines, excavators, cranes and the like within the public right -of- 105.00
way in any zoned residential district.
Unlawful parking of major recreational equipment such as travel
(e) trailers, pickup campers, tents, boats and boat trailers, combination 105.00
thereof and other similar equipment, whether occupied by such
equipment or not upon any street or within the public right-of-way.
35-25 et Violation of the dangerous intersection safety article:
seq. i
First offense. $131.25
City of Miami Page 18 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
City of Miami Page 19 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
Second offense.
I $262.50
Each additional offense.
$525.00
49-2
Unlawful discharge of petroleum products into storm or sanitary sewers.
$210.00
49-3
Unlawful discharge of human excreta.
525.00
49-4 Unlawful discharge of wastewater from construction excavation into city 210.00
Istorm sewer.
49-5 Discharge or dumping of septic tank contents into city storm or sanitary 525.00
sewers.
Failure to obtain permit to obstruct street, or sidewalk or impede traffic or
54-3 failure to pay usage fee. Daily usage fee will be required to be paid in 262.50
addition to payment of the applicable penalty
54-3 Failure to comply with conditions set forth by such permit, each violation. 262.50
54-8 Unlawful use of street or sidewalk for advertising or display purposes. 262.50
54-8 Failure to obtain permit for lawful advertising or display in the public right-
262.50
of -way.
54-9 Placing signs on street or sidewalk surface.
262.50
54-12
1 Placing glass or other injurious substances on streets.
52.50
54-14 1 Failure to remove utility facilities to permit improvement of streets.
52.50
54-41 Failure to notify public works 24 hours prior to commencing construction.
52.50
54 -42
Disturbing, cutting, digging or excavating any portion of the public right -of -
210.00
`way without a permit.
`
54-44
1 Failure to construct sidewalk with standard material.
52.50
54-47
1 Failure to obtain approval of location and construction of driveway.
52.50
54-48
1 Refusing to allow inspection.
105.00
54-48
to comply with stop work order.
210.00
54-51
_Failure
Failure to obtain proper street grade and lines.
52.50
54-52 Failure to lay sewers, water and gas mains, telephone and electrical
210.00
conduits prior to street improvements.
54-54
Allowing sidewalks to remain in dangerous condition.
52.50
54-56 1 Failure to construct, reconstruct, or repair the street improvements.
262.50
54-57 1 Obstructing streets or sidewalks with trash lumber or other obstructions.
52.50
54-86 Failure to obtain proper permits or authorization for placement of a bench
52.50
Ior a shelter upon public right-of-way.
Failure to maintain proper clearances for placement of a bus bench or
54-91
shelter.
52.50
I54-92 Failure to properly maintain a bench and/or shelter. -52.50
54-93
1 Failure to comply with bench and/or shelter size requirements.
52.50
54-94
1 Failure to properly display name/address, and local telephone number of
52.50
City of Miami Page 19 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
SOUTH FLORIDA FIRE PREVENTION CODE, AS AMENDED
Section Description of Violation
5-207(a) Blocking/parking in emergency access/fire lane(s).
5-208 Required address number missing.
5-301(a) Fire extinguisher(s) missing.
5-302(a)(b) Fire suppression systems need service.
5-302(c) Fire extinguisher needs service.
6.201
6.401(a)
8.110(a)
8.110(b)
14-62
42.101
42.101
42.101
42.101
42.101
42.101
Excessive combustible trash exterior of building.
Nonconforming extension cord.
Room capacity is not posted.
Number of occupants exceeds approved capacity.
Refusal to allow inspector to make inspection.
Elevator key box missing.
"Do not use elevator" sign missing.
Electric rooms missing door signs.
LP gas meter not identified.
LP gas shutoff valve damaged/missing.
LP gas container and/or gas meter not protected.
Civil Penalty
$105.00
105.00
105.00
105.00
105.00
105.00
105.00
105.00
210.00
105.00
105.00
105.00
105.00
105.00
105.00
105.00
City of Miami Page 20 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
bench and/or shelter company.
54-132
Failure to properly affix numbering to building as required.
105.00
54-134
Unlawful placement of any sign designating street, avenue or other public
52.50
place by a different name than by which it is generally and legally known.
54-135
Defacing or removal of any street signs posted in the city.
52.50
54-193
Unlawful construction or installation of an encroachment within the
210.00
dedicated right-of-way or within the undedicated right-of-way.
54-221
Operating a sidewalk cafe without a permit.
525.00
54-263
Placing, maintaining, or operating newsrack on any public right-of-way
52.50
without a permit.
54-266
Installation, use and/or maintenance of nonconforming newsracks.
52.50
54-268
Allowing a newsrack to remain in a state of abandonment.
52.50
54-300
Failure to obtain telecommunications permit agreement.
525.00
54-309
Failure to notify resilience and public works department in writing ten days
52.50
prior to commencement of construction of a telecommunications system.
SOUTH FLORIDA FIRE PREVENTION CODE, AS AMENDED
Section Description of Violation
5-207(a) Blocking/parking in emergency access/fire lane(s).
5-208 Required address number missing.
5-301(a) Fire extinguisher(s) missing.
5-302(a)(b) Fire suppression systems need service.
5-302(c) Fire extinguisher needs service.
6.201
6.401(a)
8.110(a)
8.110(b)
14-62
42.101
42.101
42.101
42.101
42.101
42.101
Excessive combustible trash exterior of building.
Nonconforming extension cord.
Room capacity is not posted.
Number of occupants exceeds approved capacity.
Refusal to allow inspector to make inspection.
Elevator key box missing.
"Do not use elevator" sign missing.
Electric rooms missing door signs.
LP gas meter not identified.
LP gas shutoff valve damaged/missing.
LP gas container and/or gas meter not protected.
Civil Penalty
$105.00
105.00
105.00
105.00
105.00
105.00
105.00
105.00
210.00
105.00
105.00
105.00
105.00
105.00
105.00
105.00
City of Miami Page 20 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
42.101 Electric meters not identified.
42.101 Violations of dangerous or hazardous conditions not corrected
42.101 Nonconforming spray finish operation.
42.101(c) Excess combustible trash interior of building.
42.101(f) Second means of escape obstructed.
Enactment Number: 13881
105.00
105.00
210.00
105.00
210.00
of'Tnn4QTivF= onrn 544RI E cED%/lCr= cT4TIM] GGIDE NFPA#3Q/\ 1QU EDITION, AS
AMENDED
Chapter/
Section
Description of Violation
(Civil Penalty
Chapter 2
Nonconforming storage of flammable and combustible liquids.
$210.00
2-3.5.1
Nonconforming vent pipes.
210.00
4-1.2
Emergency shutoff for all dispensers is not remote.
210.00
4-2.5
Dispensing units are not protected.
210.00
4-2.6
Dispenser hose exceeds approved length.
210.00
4-2.6
Nonconforming dispenser hose.
210.00
4-2.6
Automatic hose retractors not operable.
210.00
4-3.6
Emergency shutoff valve needs annual test.
105.00
8-1.1
Nonconforming hose nozzle valve.
105.00
8-4.8
Warning signs not posted.
105.00
ICC c4C�PpDE NFP 9' 0-19Y- EDITION
Section Zquired scription of Violation I Civil Penalty
2-8.8.1 self-closers/latching devices missing. $105.00
ICC SAFETY GORE NFRA #101 1 9y EDITION
Section Description of Violation
5-2.1.4.1 Stairway/exit doors do not swing in the way of exit travel
5-2.1.5.3 Nonconforming locking device on exit doors.
5-2.1.8 Stairway/exit doors are secured in the open position.
5-2.2.3.4 Nonconforming storage room under interior stairs.
5-2.2.5.2 Exit doors locked from stairway side.
Civil Penalty
$105.00
105.00
105.00
105.00
105.00
City of Miami Page 21 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
5-10.3.1
1 Exit signs are not properly illuminated.
1105.00
7-5.2
Laundry chute is not properly self-closing and latching.
105.00
7-5.2
Laundry chute room door is not properly self-closing and latching.
105.00
7-5.2
Rubbish chute is not properly self-closing and latching.
105.00
7-5.2 Waste chute room door is not properly self-closing and latching.
9-2.4.1 I Inadequate number of exits (class A).
9-2.4.2 Inadequate number of exits (class B).
9-2.4.3 Inadequate number of exits (class C).
105.00
105.00
105.00
105.00
9-2.5.1 Required exits are not remote from each other.
9-2.5.5.9 Width of required aisles is not properly maintained.
9-2.6 Nonconforming travel distance.
9-2.7.1 Nonconforming exit discharge.
9-2.8.1 Lighting inadequate for means of egress.
9-2.9 Emergency lighting is not provided.
9-2.10 Required exit signs are not provided.
105.00
105.00
105.00
105.00
105.00
105.00
105.00
9-2.11.1
1 Panic hardware not provided.
105.00
9-3.1
Vertical opening is not protected or enclosed.
105.00
11-1.7.1
Occupant load exceeds approved capacity.
105.00
11-2.3.3.1
1 Exit access corridor width is nonconforming.
1 Inadequate number of exits.
Nonconforming travel distance.
Exit discharge is nonconforming.
Exit lighting inadequate.
Emergency rescue or ventilation window not provided.
210.00
11-2.4.1
210.00
11-2.6
105.00
11-2.7
105.00
11-2.8
11-2.11.5
105.00
210.00
11-2.11.5
1 Window from classroom is not provided (12 or more clients).
210.00
11-3.1.1
Vertical openings are not enclosed or protected.
210.00
11-3.3.1
1 Interior finish is not conforming.
210.00
11-3.4
11-3.6.1
No fire alarm system.
Nonconforming interior corridor.
210.00
210.00
11-3.6.1
1 Inadequate fire rating of exit corridor (12 or more clients).
210.00
11-7.1.2
1 Nonconforming separation between day care and other occupancy.
210.00
11-7.2.4.1
1 Inadequate number of exits.
210.00
11-7.2.6.2
I11-7.2.9
1 Nonconforming travel distance.
Emergency lighting is not provided (12 or more clients).
210.00
105.00
11-7.2.10
1 Exit signs are not provided (12 or more clients).
105.00
City of Miami Page 22 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
11-7.2.11.1
1 Nonconforming latch on closet door.
1105.00
11-7.2.11.2
1 Nonconforming lock on bathroom door.
105.00
11-7.3.1
Vertical openings are not protected.
210.00
11-7.3.2
1 Hazardous areas are not properly protected (12 or more clients).
105.00
11-7.3.3.1 Interior finish is not conforming.
210.00
11-7.3.4.1
(Fire alarm system missing/nonconforming.
210.00
11-7.5.1.2
1 Protective covers for electrical receptacles are not provided.
105.00
11-8.3.4.1
1 Smoke detectors are not provided (7-12 clients).
105.00
11-8.3.4.2 1 No smoke detection system in corridors (7-12 clients).
17-2.4.1 Inadequate number of exits.
105.00
210.00
17-2.7.1
1 Nonconforming exit discharge.
210.00
17-2.7.2
1 Exit discharges through interior of building.
210.00
17-3.1.1
Vertical opening is not enclosed or protected.
210.00
17-3.2.2 Hazardous areas are not properly protected.
117-3.4.4 1Single station smoke detectors required in guestrooms.
105.00
105.00
17-3.6.2
1 Nonconforming door between guestroom and interior corridor.
210.00
17-3.6.3
1 Doors between guestrooms and corridors are not self-closing.
105.00
19-2.4.1
1 Inadequate number of exits.
210.00
19-2.7.1 Nonconforming exit discharge.
210.00
19-2.7.2
I Nonconforming exit (buildings three stories or less).
210.00
19-2.7.2
1 Nonconforming exit (buildings four stories or less).
210.00
19-2.9.1
1 Emergency lighting is not provided.
1 Exit signs are not provided.
Vertical opening not protected (buildings four stories or more).
105.00
19-2.10.1
19-3.1.1
105.00
210.00
19-3.1.1
Vertical opening not protected (buildings three stories or less).
210.00
19-3.2.1
1 Hazardous area not protected or separated.
210.00
19-3.4.1 1 Fire alarm system required.
19-3.4.4.1 Single station smoke detectors required in all living units.
19-3.6.1 1 Exit access corridor not protected.
210.00
210.00
210.00
19-3.6.2
1 Doors between living units and corridors not self-closing and latching.
210.00
19-3.6.3
1 Doors between living units and corridors not fire rated.
210.00
19-3.7.1
1 Smoke barrier in exit access corridor not provided.
210.00
19-26
20-2.1.2
Violation orders not corrected.
1 No second means of escape or alternate protection.
105.00
210.00
20-3.1.1
Vertical opening not enclosed or protected.
210.00
City of Miami Page 23 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
20-3.3.2
1 No fire alarm system.
1210.00
20-3.3.4
1 No single or multiple station smoke detectors.
210.00
20-3.4
Transfer grills, transoms, louvers in exit corridors.
105.00
20-3.4
1 Guestroom doors to corridors not self-closing and latching.
105.00
25-2.4.1 Inadequate number of exits for class A and class B stores.
25-2.4.2 I Inadequate number of exits from class C stores.
25-2.5.5 1 Required aisle width inadequate.
25-2.5.6 1 Inadequate aisle width for class A store.
25-2.5.6 1 No automatic sprinkler system.
25-2.6 Nonconforming travel distance.
210.00
210.00
105.00
105.00
525.00
210.00
25-2.7
Nonconforming exit discharge.
210.00
25-2.8
Exit illumination is inadequate.
105.00
25-2.9
Emergency lighting is not provided for class A and class B stores.
105.00
25-2.10 Exit signs are not provided.
25-3.1 1 Vertical openings are not protected or enclosed.
105.00
210.00
25-3.2.1
1 Hazardous area is not protected or separated.
105.00
27-2.4
Inadequate number of exits.
210.00
27-2.5.2
1 Common path of travel or dead-end corridor exceeds 50 feet.
105.00
27-2.6 Nonconforming travel distances.
210.00
27-2.7.1
I Nonconforming exit discharge.
210.00
27-2.7.2
1 Exit discharges through interior of building.
210.00
27-2.8
Exit lighting is inadequate.
105.00
27-2.9.1
27-2.10
1 Emergency lighting is not provided.
1 Exit sign is not provided.
105.00
105.00
27-3.1.1
Vertical opening is not protected or enclosed.
210.00
27-3.2.1
1 Hazardous area is not protected or separated.
1 Fire alarm system required.
1 No approved sprinkler system for building over 75 feet.
1 Inadequate number of exits.
1 Nonconforming travel distance.
Nonconforming exit discharge.
105.00
27-3.4.1
210.00
27-4.2.1
28-2.4.1
525.00
210.00
28-2.6.1
210.00
28-2.7
210.00
28-2.7.2
1 Exit discharges through interior of building.
210.00
28-2.9.1
F8-2.10.1
1 Emergency lighting is not provided.
Exit signs are not provided.
105.00
105.00
28-3.1.1
Vertical openings are not protected or enclosed.
210.00
City of Miami Page 24 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
29-2.4.1
Inadequate number of exits.
210.00
29-2.6.1
Nonconforming travel distance.
210.00
29-2.7
Nonconforming exit discharge.
210.00
29-2.7.2
Exit discharges through interior of building.
210.00
29-2.8.1
Exit lighting is inadequate.
105.00
29-2.9.1
Emergency lighting is not provided.
105.00
29-2.10
Exit signs are not provided.
105.00
29-3.1.1
Vertical opening is not enclosed or protected.
210.00
31-1.2.1
Means of egress is obstructed.
105.00
31-1.3.1
Single/multiple station smoke detector needs servicing/replacing.
105.00
31-1.3.1
Emergency lighting is not operable.
105.00
31-1.3.1
Required self-closers/latching devices inoperative.
105.00
31-1.3.1
Fire escape stairs need maintenance.
105.00
31-1.6
Excessive storage of flammable liquids.
105.00
31-1.6
Improper storage of flammable liquids.
105.00
31-3.1.2
Fire drills not conducted.
105.00
31-3.4.4
Wastebaskets/waste containers are nonconforming.
105.00
31-6.4.1
Emergency exit diagram missing.
105.00
LIFE SAFETY CODE f�l,S�4 9- —49K EDIT194
Section Description of Violation Civil Penalty
4-2.5.1 Inadequate clearance below sprinkler heads. 1$105.00
LIFE SAFETY N1FP4#32 1999 C�n41
Chapter/Section Description of Violation Civil
Penalty
Chapter 8 Dangerous accumulation of combustible residue inside spray $210.00
booth.
8-6 Metal waste cans required. 105.00
8-11 "No smoking" signs missing. 105.00
LIFE SARCODE NkFPA4#11 1990 EDITION
Section Description of Violation Civil Penalty
4-1 (Department of fire -rescue connections obstructed/need caps. $105.00
City of Miami Page 25 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357 Enactment Number: 13881
LIFE SAFETY GODE N1FR44a --499n �
Chapter/Section Description of Violation Civil Penalty
Chapter 2 Nonconforming storage of flammable and combustible liquids. $210.00
LIFE SAFETY 90DE NlFR4#9F 1 Q41,11 EDIT194
Section Description of Violation
8-2.1 (Extinguishing system for kitchen hood not serviced.
STATE FIRE MARSHAL UNIFORM RULE
TRANSIENT PUBLIC LODGING ESTABLISHMENTS
Section
4A-36.102
4A-
36.103(13)
4A-
36.302(11)
4A-
36.302(12)
4A-
36.302(13)
4A-43.010
4A-43.011
4A-43-009
4A-48
Description of Violation
Inadequate staffing ratio.
Number of occupants exceeds approved capacity.
Nonconforming locks.
Fire evacuation plans and fire drills are not provided.
Civil Penalty
$105.00
Day care located on a floor above the height permitted for the type
of construction.
No sprinkler system.
No standpipe and hose system.
No automatic smoke detection.
Electrically supervised fire alarm system needs service.
CONVENIENCE STORES
FLORIDA STATUTES—CHAPTER 812
Civil
Penalty
$210.00
210.00
105.00
105.00
210.00
525.00
525.00
525.00
105.00
Section
Description of Violation
Civil Penalty
90-346
Drop safe or cash management device missing.
$105.00
90-346
Parking area lighting report required.
105.00
90-346
Cash limitations sign missing.
105.00
90-346
Excessive window signage.
105.00
90-346
Excessive window tinting.
105.00
City of Miami Page 26 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357 Enactment Number: 13881
90-346 No height marker at entrance. 105.00
ZONING ORDINANCE 11000 OR EQUIVALENT UNDER MIAMI 21 CODE
Article
Section
Description of Violation
Civil
Penalty
9
917.12
Parking/storage of inoperable vehicles.
$ 52.50
9
920.3
Illegal parking of commercial vehicles in residential zone.
105.00
21
2102
Working without a permit, building and/or roofing, etc.
525.00
4
401
Illegal mechanical repairs prohibited.
210.00
4
401
Outside sales not permitted.
210.00
9
917.3
Parking on unimproved surfaces.
52.50
9
917.12
Outside storage of miscellaneous materials, equipment and/or
210.00
debris.
9
908.11
Provide vision clearance.
525.00
21
2103.1
No certificate of use.
525.00
9
925.2
No sign permit.
525.00
9
920.2.2
Boat in front yard and/or major recreational vehicle.
105.00
4
401
Illegal units.
525.00
9
917.3
Removal of required landscape or failure to maintain required
210.00
landscaping.
9
906.5,
Use of home as office without certificate of use.
525.00
2103.3
9
401
Use of home as a business prohibited.
525.00
4
401
More than three unrelated adults in one dwelling unit.
525.00
9
920.2.3
Recreational vehicle used as living quarters.
210.00
9
920.4
Parking/storage of construction equipment prohibited in
105.00
residential zone.
9
908.8
Hedge/fence higher than eight feet in residential zone other than
210.00
(with required visibility triangle.
9
908.5,
Carport, awning and/or canopy without permit.
525.00
908.6
4
401
Encroaching in required yards/open space.
525.00
4
401
Tree removal without permit (environmental).
525.00
4
401
Tree removal without permit (nonenvironmental).
525.00
4
401
Keeping vacant -Unsecured structure which is considered a
525.00
"public nuisance."
6
612
Failure to provide six-foot high C.B.S. wall.
525.00
City of Miami Page 27 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
0
D]
1C
4
4
4
9
9
9
9
9
El
D]
9
9
4
4
9
4
Enactment Number: 13881
401 Schedule of district regulations -Illegal roominghouse. 525.00
62-624- Illegal garage sale. 50.00
62-630
401 Occupying a live -aboard vessel (houseboat or housebarge). 525.00
908.8 Barbed wire adjacent to residential. 210.00
925.3.12 Temporary political campaign signs. 105.00
937.1 Adult entertainment closer than 600 feet to residential zoned X525.00
937.3 property.
401 Adult entertainment not permitted in C-1 zoned property.
920.1 Mobile homes parking prohibited.
401 Illegal mixed use.
Parking truck(s) used as storage space.
917.12 No required off-street parking to be used as storage of materials
or supplies.
401 Illegal C.B.R.F. without certificate of use.
401 Illegal shed.
401 Illegal rooming house without a certificate of use.
917.13 Eliminating or reducing off-street parking spaces.
917.1 Failure to provide required off-street parking.
920.1.2 Illegal office trailer.
917.3 Removal of handicapped sign.
908.8 Improperly located fence, wall or hedge.
401 Unlawfully establishing an unusual or new use without prior
approval at public hearing.
917.12 Illegally maintaining or depositing junk or trash.
920.2.3 Improperly using recreational vehicle or camping equipment.
401 Maintaining a structure encroaching in required setbacks.
925.2 Erection, construction, posting, etc., of a sign without a permit.
926.5.2 Illegally maintaining blinking or flashing lights, streamer lights,
pennants, etc.
926.6 Illegal revolving or rotating sign.
926.5 Illegal use of sign which uses word "stop" or "danger."
401 Illegal neon sign.
401 Failure to provide adequate number of off-street parking spaces.
917.3 Failure to provide proper surface for parking area.
401 Improper use of parking area as commercial parking lot.
525.00
525.00
210.00
210.00
210.00
525.00
210.00
525.00
210.00
525.00
525.00
210.00
52.50
78.75
152.50
105.00
52.50
105.00
105.00
105.00
105.00
105.00
105.00
105.00
105.00
City of Miami Page 28 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
4 401
4 401
4 401
9 905.2
Enactment Number: 13881
Illegally operating a business in a residential zone.
Illegal sale of fruit or merchandise from open stands or vacant
lots.
Failure to conduct a business from a completely enclosed
building.
Illegal storage of materials or products or illegal storage of
materials above the height of a wall or fence.
Failure to maintain the wall required to separate business from
residential property.
SOUTH FLORIDA BUILDING CODE VIOLATIONS
Section
105.1(A)
105.2
105.3,
305.5,
3324
201.1(e),
201.3(e)
304.1
305.2
307.5
515
3302.2
3302.3
3302.4
3302.5
3306.1
3306.2
3318.8
Description of Violation
Failure to maintain a building or structure in a safe condition; failure to
maintain devices or safeguards in good working order.
Failure to remove debris equipment, materials, or sheds.
Failure to secure buildings and equipment.
262.50
262.50
262.50
262.50
262.50
Civil
Penalty
$105.00
105.00
*Wli
Failure to comply with lawful work stop order.
525.00
Failure to display permit card.
52.50
Failure to obtain mandatory inspection.
262.50
Unlawfully connecting utility service.
525.00
Failure to provide required handicapped accessibility.
52.50
(a)
Exceeding allowable obstruction of the public right-of-way with
52.50
construction and/or demolition.
(b)
Allowing materials to obstruct fire hydrant, fire alarm box, manhole,
52.50
catch -basin and restriction of water flow to gutters.
Failure to provide temporary sidewalk which is properly guarded and not
52.50
less than five feet wide
Illegal obstruction of an alley or portion thereof in connection with
52.50
construction or demolition.
Failure to protect sidewalks and pavements from damage incidental to
52.50
construction work.
Sidewalk shed -Failure to provide sidewalk shed per S.F.B.C.-
52.50
Subsections (a), (b), (c) and (d).
Failure to provide construction fence per S.F.B.C.
52.50
Failure to prevent the falling of paint or debris over public sidewalks or
52.50
other places of public use.
City of Miami Page 29 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
It shall be unlawful to allow sewer or any sanitary waste to be discharged
4601 onto the ground creating a nuisance and/or health hazard 105.00
4611.1
Unlawful discharge of rainwater or other liquid wastes or allowing same
to be disposed onto or across adjoining private or public property or 52.50
sidewalk.
8-1 Failure of contractor to get permit. 1262.50
301
8-1 Failure of homeowner to get permit. 210.00
301 I i
8-1 All other South Florida Building Code violations 7210.00
(c) Any violation of the code that is not specified within this section, or any other section of
the code or zoning ordinance, shall be assessed a civil penalty of $262.50.
Sec. 2-830. Reserved Alternate Code Enforcement Board Svstem.
(a) The Citv establishes, pursuant to Section 162.03(2), Florida Statutes, 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
bodv, or both the authoritv to hold hearinqs and assess fines, costs, liens, and other
non -criminal penalties against violators of the Citv Code and/or Zoninq Ordinance.
In appointing Special Magistrates, the Citv Commission will consider the qualified
applicants submitted from the Citv Manager who shall meet the criteria for their selection
as set forth in Section 2-811 of the Citv Code and through a Request for Qualifications
issued by the Procurement Department.
(c) The Special Magistrate(s) will serve for a term of two (2) vears with the reappointment of
one (1) additional one-vear term upon approval of the maioritv vote of the Citv
Commission. The Special Maaistrate(s) shall have a residence in the Citv and said
residence shall not have anv open code violations: shall possess such qualifications as
required by this Chapter: shall be subiect to appointment and removal, with or without
cause, by the Citv Commission: and shall be compensated as set forth by City
Commission Resolution. Anv of these reauirements may be waived throuah a 4/5th
affirmative vote of the Citv Commission.
The Citv Attornev, an Assistant Citv Attornev, or the Citv Attornev's desianee actina by
and throuah the Citv Attornev shall represent the Citv by Dresentina cases before the
Special Maaistrate.
(e) Commencina with the calendar vear 2020 and in coordination with the Citv Attornev's
Office and the Office of Manaaement and Budaet, each Special Maaistrate shall prepare
bi-annual reports to the Citv Manaaer and to the Citv Commission in the following_
manner: By January 15, 2021, and thereafter by January 15 and Julv 15 of each
subseauent vear, each Special Maaistrate shall submit a report settina forth the following
information reaardina the meetinas over which the Special Magistrate presided: (1)
number of cases heard by case tvpe and the dates heard: (2) dollar amount of
mitigations, as applicable: (3) averaae length of extensions of time provided: (4) list of
the Special Maaistrate's accomplishments, traininas, and continuina education that
assists the Special Magistrate with carrvina out his or her duties: and (5) whether the
City of Miami Page 30 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020
File ID: 6357
Enactment Number: 13881
Ordinance creating the alternate enforcement system should be amended to better
enable the Special Magistrate(s) to serve for the purpose for which it was created.
The followinq 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 thirtv (30) 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 roominq house: Failure to obtain a warrant: Obstruction of required
vision clearance at an intersection; Failure to protect a tree during development.
L(Ij The Special Magistrate(s) shall hear violations involvinq residential properties.
Specifically, violations of properties in T3 Transect Zones which includes single familv
and/or duplex residences.
This section shall automaticallv sunset on December 31, 2020 unless earlier repealed by
the Citv 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:
i ria i ' ndez, Cify Affor iey 1/21/2020
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 31 of 31 File ID: 6357 (Revision: B) Printed on: 1/23/2020