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HomeMy WebLinkAboutAgenda Item Cover PageG�TY OFF AGENDA ITEM COVER PAGE File ID: #6357 Ordinance Second Readinq Sponsored bv: Wifredo Gort, 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 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. City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 GS.,Y OFA +' nein uare� # i" City of Miami Legislation Ordinance Enactment Number: 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. 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, 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 City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 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: Board means any of the code enforcement boards or Special FnasterMaaistrate(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 1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaininn nrnvisinns are nnw in effect and remain unr.hanaed. A5tP.risks indirgtP omitted ind nnrh?naed material. City of Miami File ID: 6357 (Revision: B) Printed On: 1/23/2020 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 mQRhQ Maciistrate(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 master 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 master Magistrate" 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. (3) Two members appointed for a term of three aLyears. (4) One alternate member shall be appointed to each code enforcement board for an initial term of two 2Lyears, 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 City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 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 mer Magistrate 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 board, nor a Special masteF Maaistrate 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 Maaistrate, even if the violation has been corrected prior to the hearing, and notice shall so state. City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 (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 mater 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 master 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 mater 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 arti6le R_.1 ent+tted "Trop Drn+on+ie.p" of NIP 11000 of the Znninrr nrrlin;nno of the Gity Chapter 17, Article I of the Citv Code, titled "Tree Protection in General;" Article 10 e4titled "Sign Regulations" of OrdipaAr--el Ne. 11000 ef 7nniRg nrr7in;nno of the nitythe 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 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. 2-815. Conduct of hearing. (a) The chairperson of the board or Special master Magistrate 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 masteF Maaistrate. The board or Special master 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 master 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 necessary expenses which may be reasonably required by the board or Special master Maaistrate for the proper performance of its duties. (b) The chairperson of the board or Special master Maaistrate, 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 Maaistrate 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 FnasteF Maaistrate shall be reviewed by the city attorney or his/her assistants prior to the hearing. (c) Each case before the board or Special master Maaistrate 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 Maaistrate, the city attorney may be entitled to recover all City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 prosecution costs incurred and such costs may be included in the lien authorized under section 2-817. (d) The board or Special master Magistrate 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 Magistrate 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 Magistrate, the Special master Magistrate 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 Maqistrate 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 rnasteF Maaistrate. No hearing shall be required by the board or Special master Maaistrate to acknowledge compliance. (f) Once the alleged violator(s) has been properly noticed as to the hearing before the board or Special master Maaistrate and if the violator(s) fails to appear, the board or Special master Maaistrate 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 Maaistrate and fails to appear, the board or Special FnasteF Maaistrate 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. City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 Sec. 2-816. Powers of the code enforcement board and Special master Magistrate; miscellaneous administrative directions. (a) The board and the Special master Magistrate 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 Magistrate. 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 Magistrate, 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 Magistrate. Each department shall keep records of all cases initiated by that department. (e) The board or Special master Magistrate 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 and shall have the authority to certify orders and other documents issued by the board or Special FnasteF Maaistrate and to issue subpoenas in the name of the board or Special mer Maaistrate 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 Maaistrate, 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 Maaistrate, upon notification by the code inspector or city attorney that an order of the board or Special master Maaistrate 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 aFt+E4e-8.1 eRtitledTFee PFE)teEtie " ef QFd;RaRGe Ne 1100OChaDter 17, Article I of the Citv Code, titled "Tree Protection in General:", the ZeRiRg QFdiRaRGe e +ho G;+„ of Mia -n , Article 10 eetitled "Sign Regulations" of QFdiRaRGe Ne 11000 of +hZGRiRg City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 nrrlir»nno of the Gity,the Miami 21 Code; or of Chapter 62, Article 13, sections 62-601 through 62-618 regarding murals of these 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 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) An enforcement board or Special master Magistrate may reduce a fine once a violator has complied with the order, and for good cause shown. The board or Special master Magistrate 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 Magistrate may only be reduced to the percentage stated in the schedule below: Number of Days Fine Outstanding C1-30 31-60 161-90 91-120 121-150 151-180 181-210 F211-240 F241-270 271 and up Total Fine Mitigation (percent) i�25 70 80 90 100 Any reduction below the percentages set forth above must be brought before the board or Special FnasteF Maaistrate 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 City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 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 Magistrate 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: (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. City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 (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 master Maqistrate 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 master Magistrate. An appeal shall be filed within 30 days of the execution of the order to be appealed. Sec. 2-819. Notices. (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 masteF Maaistrate, 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 City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 (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 master Maqistrate upon review and a finding that the violation exists or existed. Sec. 2-822. Reserved. Sec. 2-823. Civil infraction enforcement procedures. (a) Code inspectors shall have the authority to initiate enforcement proceedings as listed below. No Special master Maqistrate 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 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. City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 (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 Magistrate to appeal the civil fine. (9) Notice that failure to request an administrative hearing within ten 110) days after service of the civil infraction notice shall constitute a waiver of the violator's right to an administrative hearing before the Special master Magistrate, and that such waiver shall constitute an 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 roaster Maqistrate. (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 Maaistrate, 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 Maaistrate 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 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 Feaster Maaistrate, such failure shall constitute a waiver of the violator's right to an administrative hearing before a Special FnasteF Maaistrate. A waiver of the right to administrative City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 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 110) 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 mer 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. (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 FnasteF Maaistrate 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 masteF Maaistrate 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 masteF Maaistrate shall be presented by the inspector or representative of the department which issued the violation. City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 (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 mer Magistrate 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. (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 „Tastes Maaistrate'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 masteF Maaistrate 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 masteF 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; City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 (4) Take testimony under oath; and (5) Assess and order the payment of civil penalties as provided herein. (o) A Special master Magistrate 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 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 Maqistrate 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 Maqistrate 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 Maqistrate by filing a petition for appeal with the Eleventh Judicial Circuit in and for Miami -Dade Countyt. Such appeal shall be filed within 30 days of the issuance of the order by the Special master Maqistrate. 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 Maaistrate's ruling by an appellate court of competent jurisdiction, the findings of the Special master Maqistrate 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 GGURty 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 City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 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 CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Code Description of Violation Civil Section Failure to have valid fire safety permit. 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 Failure 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. 22-20 Failure by commercial establishment having more than 10,000 square feet 950.00 City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 Ito provide a recycling program in compliance with the requirements of ,section 22-20. 22-116, 1 Failure to maintain lot in a safe, clean condition not allowing accumulation 210.00 22-117 sof 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. 210.00 29-1 Failure to obtain fill permit prior to obtainment of building permit. 210.00 29-1 Filling land with unsuitable material. 525.00 29-4 Failure to level stockpiled material within a reasonable period of time. 210.00 29-4 Failure to protect against excess erosion of filling material. 210.00 29-4 Filling dedicated or undedicated public right-of-way with unsuitable 525.00 material. 29-5 Failure to notify resilience and public works department 24 hours prior to 210.00 Istart of filling operation. I 29-53 Failure to obtain mandatory inspections for filling land in Biscayne Bay. 210.00 29-53 6Failure to obtain final inspection for filling land in Biscayne Bay. 6525.00 29-54 Filling in Biscayne Bay in violation of the provisions of this article. 210.00 29-83 Failure to obtain waterfront improvement permit. 210.00 29-93 — and 29- Failure to obtain required inspections for waterfront improvements. 210.00 94 , i 29-95 Failure to maintain waterfront improvements. 525.00 31-26 Failure to have a valid local business tax receipt. 262.50 35-10 Parking for certain purposes prohibited: 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 iViolation of the dangerous intersection safety article: seq. F First offense. —7$131.25 City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 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 Second offense. 262.50 I $262.50 Unlawful use of street or sidewalk for advertising or display purposes. Each additional offense. 54-8 $525.00 49-2 Unlawful discharge of petroleum products into storm or sanitary sewers. of -way. $210.00 49-3 Unlawful discharge of human excreta. 525.00 49-4 Unlawful discharge of wastewater from construction excavation into city 210.00 I storm sewer. 54-41 49-5 Discharge or dumping of septic tank contents into city storm or sanitary 525.00 sewers. way without a permit. 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- 1 262.50 of -way. 1 54-9 Placing signs on street or sidewalk surface. Placing glass or other injurious substances on streets. 262.50 52.50 54-12 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 Disturbing, cutting, digging or excavating any portion of the public right -of - 54 -42 210.00 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 Refusing to allow inspection. 105.00 54-48 1 Failure to comply with stop work order. 210.00 54-51 Failure to obtain proper street grade and lines. 52.50 54-52 Failure to lay sewers, water and gas mains, telephone and electrical improvements. 210.00 conduits prior to street 54-54 Allowing sidewalks to remain in dangerous condition. F52-50 262.50 54-56 Failure to construct, reconstruct, or repair the street improvements. 54-57 Obstructing streets or sidewalks with trash lumber or other obstructions. 52.50 F54-86 I Failure to obtain proper permits or authorization for placement of a bench 52.50 dor a shelter upon public right-of-way. 54-91 Failure to maintain proper clearances for placement of a bus bench or 52.50 shelter. 54-92 1 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 Failure to properly display name/address, and local telephone number of 52.50 bench and/or shelter company. 54-132 1 Failure to properly affix numbering to building as required. 105.00 City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 54-134 Unlawful placement of any sign designating street, avenue or other public 52.50 5-207(a) place by a different name than by which it is generally and legally known. $105.00 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 5-302(a)(b) dedicated right-of-way or within the undedicated right-of-way. 105.00 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 6.401(a) without a permit. 105.00 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 42.101 prior to commencement of construction of a telecommunications system. 105.00 SOUTH FLORIDA FIRE PREVENTION CODE, AS AMENDED Section Description of Violation Civil Penalty 5-207(a) Blocking/parking in emergency access/fire lane(s). $105.00 5-208 Required address number missing. 105.00 5-301(a) Fire extinguisher(s) missing. 105.00 5-302(a)(b) Fire suppression systems need service. 105.00 5-302(c) Fire extinguisher needs service. 105.00 6.201 Excessive combustible trash exterior of building. 105.00 6.401(a) Nonconforming extension cord. 105.00 8.110(a) Room capacity is not posted. 105.00 8.110(b) Number of occupants exceeds approved capacity. 210.00 14-62 Refusal to allow inspector to make inspection. 105.00 42.101 Elevator key box missing. 105.00 42.101 "Do not use elevator" sign missing. 105.00 42.101 Electric rooms missing door signs. 105.00 42.101 LP gas meter not identified. 105.00 42.101 LP gas shutoff valve damaged/missing. 105.00 42.101 LP gas container and/or gas meter not protected. 105.00 42.101 Electric meters not identified. 105.00 42.101 Violations of dangerous or hazardous conditions not corrected. 105.00 42.101 Nonconforming spray finish operation. 210.00 42.101(c) Excess combustible trash interior of building. 105.00 City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 42.101 (f) Second means of escape obstructed. 210.00 U 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 LIFE SAFETY `ODE EDIT194 SectionI Description of Violation �$105.00 Civil Penalty 2-8.8.1 Required self-closers/latching devices missing. I ICC SS FETrVrGODE NFRA F101 1 EDI TIKDk Section 5-2.1.4.1 5-2.1.5.3 5-2.1.8 5-2.2.3.4 5-2.2.5.2 5-10.3.1 7-5.2 7-5.2 7-5.2 7-5.2 9-2.4.1 Description of Violation Stairway/exit doors do not swing in the way of exit travel. Nonconforming locking device on exit doors. Stairway/exit doors are secured in the open position. Nonconforming storage room under interior stairs. Exit doors locked from stairway side. Exit signs are not properly illuminated. Laundry chute is not properly self-closing and latching. Laundry chute room door is not properly self-closing and latching Rubbish chute is not properly self-closing and latching. Waste chute room door is not properly self-closing and latching. Inadequate number of exits (class A). Civil Penalty $105.00 105.00 105.00 105.00 105.00 105.00 105.00 105.00 105.00 105.00 105.00 City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 9-2.4.2 Inadequate number of exits (class B). 105.00 9-2.4.3 Inadequate number of exits (class C). 105.00 9-2.5.1 Required exits are not remote from each other. 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 I 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 11-2.3.3.1 Occupant load exceeds approved capacity. 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. 105.00 210.00 210.00 105.00 105.00 105.00 11-2.4.1 11-2.6 11-2.7 11-2.8 11-2.11.5 210.00 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. 11-7.2.6.2 Nonconforming travel distance. 210.00 210.00 11-7.2.9 1 Emergency lighting is not provided (12 or more clients). 105.00 11-7.2.10 1 Exit signs are not provided (12 or more clients). 105.00 11-7.2.11.1 1 Nonconforming latch on closet door. 105.00 11-7.2.11.2 11-7.3.1 1 Nonconforming lock on bathroom door. Vertical openings are not protected. 1 Hazardous areas are not properly protected (12 or more clients). 1 Interior finish is not conforming. 1 Fire alarm system missing/nonconforming. 1 Protective covers for electrical receptacles are not provided. Smoke detectors are not provided (7-12 clients). 105.00 210.00 105.00 210.00 210.00 105.00 11-7.3.2 11-7.3.3.1 11-7.3.4.1 11-7.5.1.2 11-8.3.4.1 105.00 City of Miami File ID: 6357 (Revision: B) Printed On: 1/23/2020 11-8.3.4.2 1 No smoke detection system in corridors (7-12 clients). 105.00 17-2.4.1 1 Inadequate number of exits. 210.00 17-2.7.1 1 Nonconforming exit discharge. 17-2.7.2 Exit discharges through interior of building. 210.00 210.00 17-3.1.1 Vertical opening is not enclosed or protected. 210.00 17-3.2.2 1 Hazardous areas are not properly protected. 105.00 17-3.4.4 1 Single station smoke detectors required in guestrooms. 1 Nonconforming door between guestroom and interior corridor. 1 Doors between guestrooms and corridors are not self-closing. 105.00 210.00 105.00 17-3.6.2 17-3.6.3 19-2.4.1 1 Inadequate number of exits. 210.00 19-2.7.1 1 Nonconforming exit discharge. 210.00 19-2.7.2 1 Nonconforming exit (buildings three stories or less). I ' 9-2.7.2 Nonconforming exit (buildings four stories or less). 19-2.9.1 1 Emergency lighting is not provided. 19-2.10.1 1 Exit signs are not provided. 210.00 210.00 105.00 105.00 19-3.1.1 Vertical opening not protected (buildings four stories or more). 210.00 19-3.1.1 19-3.2.1 Vertical opening not protected (buildings three stories or less). 1 Hazardous area not protected or separated. 1 Fire alarm system required. 210.00 210.00 19-3.4.1 210.00 19-3.4.4.1 1 Single station smoke detectors required in all living units. 210.00 210.00 210.00 210.00 210.00 105.00 210.00 210.00 19-3.6.1 1 Exit access corridor not protected. 1 Doors between living units and corridors not self-closing and latching. Doors between living units and corridors not fire rated. 1 Smoke barrier in exit access corridor not provided. Violation orders not corrected. 1 No second means of escape or alternate protection. Vertical opening not enclosed or protected. 1 No fire alarm system. 19-3.6.2 I 1-9-3.6 - 3 19-3.7.1 19-26 20-2.1.2 20-3.1.1 20-3.3.2 210.00 20-3.3.4 1 No single or multiple station smoke detectors. 210.00 20-3.4 Transfer grills, transoms, louvers in exit corridors. 20-3.4 1 Guestroom doors to corridors not self-closing and latching. 25-2.4.1 Inadequate number of exits for class A and class B stores. 25-2.4.2 1 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. 105.00 105.00 210.00 210.00 105.00 105.00 25-2.5.6 I25-2.6 1 No automatic sprinkler system. Nonconforming travel distance. 525.00 210.00 City of Miami File ID: 6357 (Revision: B) Printed On: 1/23/2020 25-2.7 Nonconforming exit discharge. 210.00 25-2.8 Exit illumination is inadequate. 105.00 25-2.9 25-2.10 Emergency lighting is not provided for class A and class B stores. 1 Exit signs are not provided. 105.00 105.00 25-3.1 Vertical openings are not protected or enclosed. 210.00 25-3.2.1 1 Hazardous area is not protected or separated. 27-2.4 Inadequate number of exits. 27-2.5.2 Common path of travel or dead-end corridor exceeds 50 feet. 27-2.6 I Nonconforming travel distances. 27-2.7.1 1 Nonconforming exit discharge. 27-2.7.2 1 Exit discharges through interior of building. 27-2.8 Exit lighting is inadequate. 27-2.9.1 1 Emergency lighting is not provided. 27-2.10 1 Exit sign is not provided. 105.00 210.00 105.00 210.00 210.00 210.00 105.00 105.00 105.00 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. 1 Exit discharges through interior of building. Emergency lighting is not provided. 105.00 27-3.4.1 27-4.2.1 210.00 525.00 28-2.4.1 210.00 28-2.6.1 210.00 28-2.7 210.00 28-2.7.2 -2.9.1 210.00 105.00 28-2.10.1 1 Exit signs are not provided. 105.00 28-3.1.1 Vertical openings are not protected or enclosed. 210.00 29-2.4.1 1 Inadequate number of exits. 29-2.6.1 Nonconforming travel distance. 210.00 210.00 29-2.7 Nonconforming exit discharge. 210.00 29-2.7.2 1 Exit discharges through interior of building. 210.00 29-2.8.1 1 Exit lighting is inadequate. 105.00 29-2.9.1 29-2.10 1 Emergency lighting is not provided. 1 Exit signs are not provided. 105.00 105.00 29-3.1.1 Vertical opening is not enclosed or protected. 210.00 31-1.2.1 1 Means of egress is obstructed. 105.00 31-1.3.1 1 Single/multiple station smoke detector needs servicing/replacing. 105.00 31-1.3.1 31-1.3.1 1 Emergency lighting is not operable. 1 Required self-closers/latching devices inoperative. 105.00 105.00 City of Miami File ID: 6357 (Revision: B) Printed On: 1/23/2020 31-1.3.1 1 Fire escape stairs need maintenance. 105.00 31-1.6 Excessive storage of flammable liquids. 105.00 31-1.6 31-3.1.2 Improper storage of flammable liquids. Fire drills not conducted. 105.00 105.00 31-3.4.4 Wastebaskets/waste containers are nonconforming. 105.00 31-6.4.1 1 Emergency exit diagram missing. 105.00 LIFE SAFETY 9�"E NkFP,4# li 1C'9a�N section Description of Violation I Civil Penalty 1-2.5.1 Inadequate clearance below sprinkler heads. $105.00 LIFE SAFETY 9&r E NkFP,4#22 1999 EDITI9N F Chapter/Section Description of Violation Chapter 8 Dangerous accumulation of combustible residue inside spray I I booth. 8-6 Metal waste cans required. 8-11 "No smoking" signs missing. ICC SAFETY 900E NFP,4#11 199.0 6DITION Civil Penalty $210.00 105.00 105.00 [Section I Description of Violation Civil Penalty [4-1 Department of fire -rescue connections obstructed/need caps. $105.00 I ICC SAFETY GODS NFR #30 1990 EDITION [Chapter/Section IDescription of Violation I Civil Penalty Chapter 2 Nonconforming storage of flammable and combustible liquids. $210.00 LIFE SAFETY GODS NFRA #36 1991 EDITION Section Description of Violation I Civil Penalty 8-2.1 Extinguishing system for kitchen hood not serviced. $105.00 STATE FIRE MARSHAL UNIFORM RULE TRANSIENT PUBLIC LODGING ESTABLISHMENTS Section 4A-36.102 City of Miami Description of Violation Inadequate staffing ratio. Civil Penalty $210.00 File ID: 6357 (Revision: B) Printed On: 1/23/2020 4A- 36.103(13) Number of occupants exceeds approved capacity. 210.00 4A- 36.302(11) Nonconforming locks. 105.00 4A- 36.302(12) I Fire evacuation plans and fire drills are not provided. 105.00 4A- Day care located on a floor above the height permitted for the type 210.00 36.302(13) sof construction. Working without a permit, building and/or roofing, etc. 4A-43.010 No sprinkler system. 525.00 4A-43.011 No standpipe and hose system. 525.00 4A -43-009-o automatic smoke detection. 525.00 4A-48 Electrically supervised fire alarm system needs service. 105.00 CONVENIENCE STORES FLORIDA STATUTES -CHAPTER 812 Section Description of Violation Civil Penalty 90-346 1 Drop safe or cash management device missing. $105.00 190-346 (Parking area lighting report required. 1105.00 90-346 Cash limitations sign missing. 105.00 90-346 1 Excessive window signage. Excessive window tinting. 1 No height marker at entrance. 105.00 105.00 1105.00 90-346 90-346 ZONING ORDINANCE 11000 OR EQUIVALENT UNDER MIAMI 21 CODE [Article (Section Description of Violation CiviPenalty F9 --I917.12 1 Parking/storage of inoperable vehicles. $ 52.50 9 920.3 1 Illegal parking of commercial vehicles in residential zone. 105.00 21 2102 Working without a permit, building and/or roofing, etc. 525.00 4 4 401 401 1 Illegal mechanical repairs prohibited. 1 Outside sales not permitted. 210.00 210.00 9 917.3 1 Parking on unimproved surfaces. 52.50 9 917.12 Outside storage of miscellaneous materials, equipment and/or debris. 1 Provide vision clearance. No certificate of use. 1 No sign permit. 1 Boat in front yard and/or major recreational vehicle. 210.00 525.00 525.00 525.00 105.00 9 908.11 21 2103.1 9 925.2 9 920.2.2 City of Miami File ID: 6357 (Revision: B) Printed On: 1/23/2020 4 401 9 917.3 9 906.5, 2103.3 9 401 4 401 9 920.2.3 9 908.8 9 4 4 4 4 6 4 4 4 9 9 4 9 4 9 9 908.5, 908.6 401 401 401 401 612 401 62-624- 62-630 401 908.8 925.3.12 937.1 937.3 401 920.1 401 917.12 4 401 4 401 4 401 9 917.13 9 917.1 9 920.1.2 City of Miami Illegal units. 525.00 Removal of required landscape or failure to maintain required 210.00 landscaping. Use of home as office without certificate of use. 1525.00 Use of home as a business prohibited. 525.00 More than three unrelated adults in one dwelling unit. 525.00 Recreational vehicle used as living quarters. 210.00 Parking/storage of construction equipment prohibited in 105.00 residential zone. Hedge/fence higher than eight feet in residential zone other than 1210.00 with required visibility triangle. Carport, awning and/or canopy without permit. Encroaching in required yards/open space. Tree removal without permit (environmental). Tree removal without permit (nonenvironmental). Keeping vacant -Unsecured structure which is considered a "public nuisance." Failure to provide six-foot high C.B.S. wall. Schedule of district regulations -Illegal roominghouse. Illegal garage sale. 525.00 525.00 525.00 525.00 525.00 525.00 525.00 50.00 )ccupying a live -aboard vessel (houseboat or housebarge). 1525.00 3arbed wire adjacent to residential. 210.00 -emporary political campaign signs. 105.00 adult entertainment closer than 600 feet to residential zoned 525.00 )roperty. adult entertainment not permitted in C-1 zoned property. 525.00 Aobile homes parking prohibited. 525.00 Ilegal mixed use. 210.00 parking truck(s) used as storage space. 210.00 Jo required off-street parking to be used as storage of materials 210.00 )r supplies. Ilegal C.B.R.F. without certificate of use. 525.00 (legal shed. 210.00 Ilegal rooming house without a certificate of use. 525.00 Diminating or reducing off-street parking spaces. 210.00 -ailure to provide required off-street parking. 525.00 Ilegal office trailer. 525.00 File ID: 6357 (Revision: 8) Printed On: 1/23/2020 9 917.3 Removal of handicapped sign. 9 908.8 Improperly located fence, wall or hedge. 4 401 Unlawfully establishing an unusual or new use without prior approval at public hearing. 9 917.12 Illegally maintaining or depositing junk or trash. 9 920.2.3 Improperly using recreational vehicle or camping equipment. 4 401 Maintaining a structure encroaching in required setbacks. 9 925.2 Erection, construction, posting, etc., of a sign without a permit. 9 926.5.2 Illegally maintaining blinking or flashing lights, streamer lights, pennants, etc. 9 926.6 Illegal revolving or rotating sign. 9 926.5 Illegal use of sign which uses word "stop" or "danger." 4 401 Illegal neon sign. 4 401 Failure to provide adequate number of off-street parking spaces 9 917.3 Failure to provide proper surface for parking area. 4 401 Improper use of parking area as commercial parking lot. 4 401 Illegally operating a business in a residential zone. Illegal sale of fruit or merchandise from open stands or vacant lots. 4 401 Failure to conduct a business from a completely enclosed building. 4 401 Illegal storage of materials or products or illegal storage of materials above the height of a wall or fence. 9 905.2 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 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. Failure to comply with lawful work stop order. Failure to display permit card. Failure to obtain mandatory inspection. Unlawfully connecting utility service. 210.00 52.50 78.75 52.50 105.00 52.50 105.00 illiffeIf 105.00 105.00 105.00 105.00 105.00 `105.00 1262.50 262.50 262.50 262.50 262.50 Civil Penalty $105.00 105.00 41►8&11iIf 525.00 52.50 262.50 525.00 City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 515 I Failure to provide required handicapped accessibility. 152.50 3302.2 (a) Exceeding allowable obstruction of the public right-of-way with construction and/or demolition. F5250 (b) Allowing materials to obstruct fire hydrant, fire alarm box, manhole, F5250 catch -basin and restriction of water flow to gutters. 3302.3 Failure to provide temporary sidewalk which is properly guarded and not52.50 less than five feet wide 3302.4 Illegal obstruction of an alley or portion thereof in connection with 52.50 construction or demolition. 3302.5 Failure to protect sidewalks and pavements from damage incidental to 52.50 i construction work. 3306.1 Sidewalk shed—Failure to provide sidewalk shed per S.F.B.C.— 152.50 Subsections (a), (b), (c) and (d). 3306.2 Failure to provide construction fence per S.F.B.C. 52.50 3318.8 (Failure to prevent the falling of paint or debris over public sidewalks or 52.50 1 other places of public use. 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 (a) 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. ReseFved. Alternate Code Enforcement Board Svstem. (a) The Citv establishes, pursuant to Section 162.03(2), Florida Statutes, which is deemed as beina incorporated by reference herein, an alternate code enforcement system which aives Code Enforcement Boards, Saecial Maaistrates desianated by the local aovernina body, or both the authoritv to hold hearinas and assess fines, costs, liens, and other non -criminal penalties aaainst violators of the Citv Code and/or Zonina Ordinance. In appointina Special Magistrates, the Citv Commission will consider the Qualified applicants submitted from the Citv Manaaer who shall meet the criteria for their selection as set forth in Section 2-811 of the Citv Code and throuah a Reauest for Qualifications issued by the Procurement Department. (c) The Special Maaistrate(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 City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 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 requirements may be waived through a 4/5 1h affirmative vote of the Citv Commission. The Citv Attornev, an Assistant Citv Attornev, or the Citv Attorney's designee acting by and through the Citv Attornev shall represent the Citv by presentinq cases before the Special Maqistrate. (e) Commencinq with the calendar vear 2020 and in coordination with the Citv Attorney's Office and the Office of Management and Budget, each Special Magistrate shall prepare bi-annual reports to the Citv Manaqer and to the Citv Commission in the following manner: By January 15, 2021, and thereafter by January 15 and July 15 of each subsequent vear, each Special Maqistrate shall submit a report setting forth the followinq information regarding the meetinqs over which the Special Maqistrate presided: (1) number of cases heard by case tvpe 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 Maqistrate with carrving out his or her duties; and (5) whether the Ordinance creating the alternate enforcement system should be amended to better enable the Special Magistrates) to serve for the purpose for which it was created. The followinq time -sensitive violations will be set for a hearinq before a Special Maqistrate only in the event that the Code Enforcement Board cannot hear the case within thirtv (30) days from the date of the violation beinq 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, bliqhted, 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. Specificallv, 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 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 C;nmmissinn nr iinnn the effective date stated herein whirhPvPr is later City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020 APPROVED AS TO FORM AND CORRECTNESS: ria ndez, Cify Attoriey 813012019 ria 'ndez, ity ttomey 9/17/2019 1 ria ' ndez, ity ttor.iey 12/312019 City of Miami File ID: 6357 (Revision: 8) Printed On: 1/23/2020