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1 ORDINANCE NO. ______ _
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3 An Ordinance amending Section 8A-2(1) to provide clarification as to the
4 meaning of language of the limitation period for filing an ethics complaint
5 and to provide for the repose of complaints.
6
7 WHEREAS, the existing statute of limitations for the filing of an ethics complaint with
8 the city provides that "no action may be taken on a complaint filed more than one year after the
9 violation is alleged to have accrued"; and
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11 WHEREAS, the word "accrue" is a legal term derived from Latin, meaning literally to
12 "grow to"; and
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14 WHEREAS, the term "accrued" is not used in a criminal context in the law; and
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16 WHEREAS, the word "accrued" is generally used to mean the time when a civil cause of
17 action may be maintained; and
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19 WHEREAS, the City's Ethics Code is not criminal in nature and is more in tune with a
20 civil code violation and would not subject a party to incarceration; and
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22 WHEREAS, a violation of the City's Ethic's Code is likely to not be obvious and may
23 even be disguised or hidden from the citizens of the City.
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26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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29 Section 1. Section 8A-2 (1) shall be amended to read as follows:
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31 Statute of limitations. No action may be taken on a complaint filed more than eoo two year after
32 the violation is alleged to have accrued occurred. The word "accrued" shall have its normal
33 civil meaning and it shall be interpreted in the same manner as the term is used to define when a
34 cause of action may be brought or maintained in civil court. l\ violation is alleged to have
35 accrued when it is known, or should have been knovm to have occurred, by the complainant.
36 However, in no event shall a violation accrue more than five (5) years after the occurrence of the
37 violation.
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39 Section 2. Codification. The provisions of this ordinance shall become and be made
40 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
41 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
42 "ordinance" may be changed to "section" or other appropriate word.
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1 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
2 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
3 shall not affect the validity of the remaining portions of this ordinance.
4
5 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
6 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
7 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
8 that give the appearance of being in conflict when the two ordinances can be harmonized or
9 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
10 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
11 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
12 to harmonize the two ordinances shall be repealed.
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14 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2013.
ATTEST:
CITY CLERK
1 sf Reading
2 nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND'
EXECUTION THEREOF
CITY ATTORNEY
Page 2 of2
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
Page: NabesSE_24,
!:'rlitinn-1 cf
.,
liday Welcome Program
Registration opens Monday,
August 12 at 8:30 a.m.
A limited number of free seats is available at
the following synagogues:
MIAMI BEACH NORTH DADE (ConYnued)
• Chabad House in Miami • Temple Sinai of
Beach (Orthodox) North Dade (Reform)
• Cuban Hebrew • Temple TIfereth Jacob
Congregation -(Conservative)
Temple Beth Shmuel • Young Israel of Aventura
(Conservative) (Orthodox)
• Kavanah Ufe at Ocean • Young Israel of Sunny
Pavilion (Orthodox) Isles Beach (Orthodox)
• Open Tent with the Tribe MIAMI/CENTRAL f~gr~~e;e~~~s~~~~~~: DADE
in their 20s & 30s) • Beth David Congregation
(Conservative)
• Temple Beth Sholom • Chabad al Midtown (Reform-Erev & 2nd Day
Rosh Hashanah) (Orthodox)
• Temple Emanu-B • The Rok Family Shul
(Conservative) -Chabad Downtown
• Temple Moses Sephardic Jewish Center (Orthodox)
Congregation of FlOIida • Temple Beth Tov Ahavat
(Orthodox) Shalom (Conservative)
NORTH DADE • Temple Israel of Greater
• Aventura Chabad Miami (Reform)
(Orthodox) SOUTH DADE
• Aventura Tumberry • Ahavat OIam
Jewish Center -Beth (NondenominationaQ
Jacob (Conservative) • Bet Breira Samu-EI
• Beth Moshe Congregation Or OIom (Reform &
(Conservative) Conservative services)
• Beth Torah Benny Rok • Bet Shira Congregation
Campus (Conservative) (Conservative)
• Califomia Club Chabad • Chabad Jewish Center of
(Orthodox/Spanish-language Doral (Orthodox)
services) • Chabad of Kendall
• Chabad of Miami Lakes (Orthodox)
(Orthodox) • Temple Beth Am (Reform)
• Chabad of Sunny Isles • Temple Beth Or
Beach (Orthodox) (Reconstructionist)
• Chabad Russian Center • Temple Hatikvah-
(Orthodox/Russian-language Homestead Jewish Center
services) (Reform)
• Highland Lakes Jewish • Temple Judea (Reform)
Center -Chabad Chayil/ • Young Israel of Kendall
The Famly Shul (Orthodox) (Orthodox)
• The Shul of Bal Harbour
(Orthodox)
TO ENSURE SECURITY, advance reservations are
required. Please be prepared to show a picture 10.
Worshippers are cnc:ouraged to bring their own head
coverings and prayer shawls, If available.
Let us welcome the New Year 5774 together and
may it be one of peace and prosperity for us all.
Brought to you by the
V Greater
Miami
Jewish
Federation
NEIGHBORS CALENDAR
• CALENDAR, FROM 3SSE
certified Air Conditioning repair
professionals.
7 p,m, Aug, 16, Action Air Inc, AC
Repair Miami, 7891 West Flagler
Street,. 954-966-7474.
Meel the Dolphins Kickoff Lunch-
eon: The Greater Miami Chamber
presents event with meal alongside
your favorite players, coaches and
alumni. The event features player
O&A and a performance by the
Miami Dolphins Cheerleaders. You
may bring your cameras.
11:30 a.m. Aug. 16. Hilton Miami
Downtown, 1601 Biscayne Blvd .•
Media and Entertainment District.
$125 (includes parking to the lunch-
eon, plus one lower level ticket for
Miami Dolphins vs. Atlanta Falcons
on Sept. 22,. 305-577-5464.
www.miamichamber.com
CHARITY & VOLUNTEER
Camour Supportive Housing Hosts
Art Exhibition and Cocktail Nel-
working Event: Carrfour Supportive
Housing invites you to an evening of
networking, art, reggae music and
cocktails as we continue in our
mission to confront homelessness
aCross South Florida.
This onewof-a-kind art show
exhibiting the plight of the homeless
will be (urated by Miriam Machdo of
The Patricia & Phillip Frost Art
Museum at FlU. and is presented in
conjunction with local artists in-
cluding Erika Biddle, Giselle Delgado,
Corinne Wakeland. and art critic!
historian Helen Khoen.
5:30 p.m. Aug. 15. Villa Aurora,
1398 SW First St., East Little Havana.
$25 for one person -or -$40 for two
people. 954-547-3845.
www.carrfour.org.
lIsteners/Oyenles Program: M-DCPS
sponsored program seeking non-
judgmental English or Spanish
speaking adults to act as sounding
boards to make a difference in the
life of a child.
9 a.m. Aug. 11. Listeners/Oyentes,
1450 NE Second Ave., Media and
CITY OF SOUTH MIAMI
COURTESY NOTICE
Entertainment District.
305-935-0045.
www.listenersprogram.org.
Peace Corps Info Sesslon-: Subtitle
is live, learn and Work with a
Community Overseas. Make a differ-
ence in the lives of others and your
own. Help a community in need and
become a global citizen with Peace
Corps service. Register at website.
6 p.m. Aug. 15. Sant la, Haitian
Neighborhood Community Center,
5000 Biscayne Blvd., Little Haiti.
Free. 404-562-3456.
ISwim for Jenny: The Parks Founda-
tion of Miami-Dade and the Swim for
Jenny Memorial Fund present
fundraising event at participating
Miami-Dade pools.
8 a.m. Aug, 11. Participating Miami
Dade Parks and Pools, 3401 5W 72
Ave., Coral Terrace. 305-665-1626.
www.swimforjenny.org.
CLUBS
Contemporary News & Views: If you
• TURN TO CALENDAR, 41SE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s)
at ns regular City Commission meeting scheduled for Tuesday, August 20, 2013, beginning at 7:00 p.m., in the
City Commission Chambers. 6130 SunsetDrive, to consider the following item(s):
An Ordinance amending Section 15-93, titled "NOise-creating blowers, power fans, or internal combustion
engines, outdoor powered tools and other equipment" of the existing noise ordinance.
An Ordinance authorizing the City of South Miami to enter into an agreement with Miami-Dade County Water
and Sewer Department for the conveyance, to the County, of the sanitary sewage facilities associated with the
City Hall sewer connecMn project located at 6130 Sunset Drive.
An Ordinance authorizing the City of South Miami to enter into an agreement with Miami-Dade County Water
and Sewer Department for the conveyance, to the County, of the water and sanitary sewage facilities associated
with the Murray Park Pool project located at NE corner of SW 66 St and SW 58 PL., more particularly as
5800 SW 66 St. as well as any associated right of way or easement.
An Ordinance of the City of South Miami, Florida amending the Code of Ordinances Section 15-1 -Reserved,
prohibiting the operation of helipads and the landing or takeoff of helicopters or other aircraft with the city limits
except In the case of police, fire or similar civil emergency, and establishing a penalty for violations.
(
An Ordinance amending Section 6A-2(1) to provide ciarilication as to the meaning of language of the limitation \
period for filing an ethics complaint and to provide for the repose of complaints. I
A Resolution of the City of South Miami relating to a request to allow for the creation of parcels 1 through 5,
on property specifically located at 6150 5W 60th Street; 6120 SW 60th Street; and 6040 SW 60th Street,
South Miami, Florida within an RS-3; low Density Single-Family Residential Zoning District, as permitted
by provisions pertaining to "Waiver of Plat" set forth in Section 20-4.2(6) of the City of South Miami land
Development Code, and Section 26-4 of the Miami-Dade County Code; for the purpose of constructing five new
single family homes; and providing for a legal description.
A Resolution authorizing the City Manager to enter into a two-year lease and maintenance contract for two
police motorcycles wnh Petersen's Harley-Davidson's of Miami, disbursement of the funds up to $11,400.00
per year from account number 001-191 0-521-4450 (Purchasellease Police Vehicles), for the years fiscal years
2013/14 through 2014/2015.
ALL interested parties are invited to affend and will be heard.
For further Information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby 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
proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which
record includes the testimony and evIdence upon which the appeal is to be based.
Pub. date: Sunday, August 11 last user: paulsteszewski
Co,..tinn "7nn.o.-O':II·I.o.CI: I ';Jct ,..h":llnno ';Jt. 'n·ll~·t;n "lInllct Q
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
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/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 -AUGUST 20,2013
in the XXXX Court,
was published in said newspaper in the issues of
08/09/2013
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, rebate, commission or refund for the purpose
of securing thO dverti e r publication in the said
newspaper.
Sworn to and subscribed before me this
09 da;1 AUGUST -Fa
(SEAL)
O.V. FERBEYRE personally known to me