Ord No 05-14-2183Ordinance No. 05-14-2183
An Ordinance amending section 2-24, including subsections (b), (c)(lO) and
(11), (e)(3) and (h) of the City of South Miami's code of ordinances.
Whereas, the Section 2-24 of the City of South Miami ("City") code of ordinances
provides for settlement of liens by the City Attorney and by the special master; and
Whereas, the City Charter has mandated that the responsible for the administrative
services of the City is vested solely in the City Manager; and
Whereas, the head of the City's Code Enforcement Department has historically
prosecuted all actions before the special master when the alleged violator was not represented by
legal counsel; and
Whereas, the Mayor and City Commission desires to restrict the qualifications of the
special master to those individuals who have been or are currently licensed to practice law in the
state of Florida; and
Whereas, the City desires to attract more candidates for the position of special master by
increasing the special master's compensation from $100 per hour to $150 per hour.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. Section 2-24 of the City of South Miami Code of Ordinances is hereby
amended to read as follows:
Sec. 2-24. -Special master.
* * *
(b) All procedure and conduct of hearings shall be as provided in section 2-
25 of this code. The city attorney shall serve as counsel to the city in the defense
of appeals to and enforcement actions before the special master if the accused
violator is represented by legal counsel, otherwise the head of the Code
Enforcement Division, or his or her designee, shall present the City'S case in all
actions before the special master. The city attorney shall have the power, upon
approval by the city commission, to initiate civil actions for declaratory and
injunctive relief, and orders to compel, and to commence any other action to
enforce civil fines, correction orders and orders of the special master., and to The
City Manager shall have the power to compromise and settle fines and penalties.
(c) The special master shall have the powers to:
* * *
(10) Compromise and settle fines and penalties.
Pg. 2 of Ord. No. 05-14-2183
* * *
(1+0) Take any action that is necessary to effectuate the powers of the special
master consistent with the intent of sections 2-24 and 2-25
(11) compromise and settle fines and penalties, concurrent with the City
Manager.
( e) Qualifications for special master:
(1) Be a retired state judge; or
(2) A member in good standing of the Florida Bar, with at least ten year's
experience in zoning, land use, code enforcement, or real estate transactions or
litigation;
(3) A state licensed real estate broker in good standing, licensed for at least
five years;
(4;D. No more than three special masters shall be appointed for service for
anyone-year period.
* * *
(h) Compensation. A special master shall be compensated at a rate not to exceed
$19~0.00 per hour for attendance at hearings and preparation of orders of the special
master.
Section 2. Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
that give the appearance of being in conflict when the two ordinances can be harmonized or
when only a portion of the ordinance in conflict needs to be repealed to harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
Pg. 3 of Ord. No. 05-14-2183
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 1 st day of April ,2014.
ATTEST:
l~¥~ CITYCLE
1 st Reading _ 3 / 1 8 / 1 4
2nd Reading -4/1 /1 4
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READ AND Ae-ri;QVED AS TO FORM:
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EXECIJifIi THEREOI1 //:/// ~?-;1 /'/
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APPROVED:
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Edmond: Yea
Commissioner Liebman: Yea
Commissioner Welsh: Yea
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NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct
Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, ApriJ 1. 2014 beginning
at 7:00 p.m •• inithe City Commission Chambers, 6130 Sunset Drive, to consider th~ following item{s):
An Ordina1ce repealing section 2-22. term limits of board and committee members.
An Ordinaryce investing authority in the City Manager to amend the City of South Miami Personnel
Rules that are not in conflict with Chapter 16A.
(
An Ordina~ce amending section 2-24, including subsections (b), (c)(10) and (11), (e)(3)(4) and (h) o~
the City of :South Miami's code of ordinances.
I
An Ordinance related to a request for a zoning map amendment to the City ot South Miami
official zo~ing map, to re-zone the Agency owned property assemblage referred to as the
Marshall Williamson properties. folio numbers 09-4025-000-0850; 09-402S,,()OO..Q852; and
09-4025-065-0090. from a current zoning designation of "RSw4 1O (Single-Family) to the "RM .. 1S"
(Low DenSity Multi-Family Residential) to allaw far additional residential dwelling units within the
Madison S8uare Mixed-Use Development Project.
ALL in~erested parties are invited ta attend and will be heard.
For further information. please contact the City Clerk's Offlce at: 3OS .. 663w 6340 .
Maria M. Menendez, CMC
City Clerk
Pursuant to Flori93 Statutes 2B6.0105, the City I\ereby advises the public that if a person decides to appeal any decision
made by this Board, Agency or Commission with respect to any matter considered at Its meeting or hearing, he or she will
need a record of the proceedmgs. and that for such purpose, affected person may need to ensure that a verbatim record of
the proceedings ~ made which record includ&s the testimony and evidence upon which the appeal is to be based.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
legal Holidays
Miami, Miami·Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 4/1/2014
in the XXXX Court,
was published in said newspaper in the issues of
03/21/2014
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, reb ommisslo r refund for the purpose
of sec . isement for ublication in the said
spaper.
(SEAL)
~~
i407) 398·0153
2014
MERCEDES ZALDIVAR
MY COMMISSION #FF029736
EXPIRES June 20. 2017
FloridaNotaryServlce.com