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Ord. No. 06-03-1790ORDINANCE NO.6-03-1 790 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TOCODE ENFORCEMENT;REPEALING IN ITS ENTIRETY SECTION 2-24 OF THE CODE OF ORDINANCES ENTITLED "CODE ENFORCEMENT BOARD";CREATING A NEW SECTION 2-24,ENTITLED "SPECIAL MASTER";INCLUDING QUALIFICATIONS,POWERS OF AND COMPENSATION OF SPECIAL MASTERS;REVISING SECTION 2- 25,ENTITLED "CODE ENFORCEMENT PROCEDURES"; PROVIDING FOR APPEALS OF CODE ENFORCEMENT VIOLATIONS TO SPECIAL MASTER;PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE. WHEREAS,inrecent weeks ithasbeenbroughttothe attention of administration thattheCode Enforcement Boardhas waived orreduced significantly numerous finesand liens issued by the City's Code Enforcement Officers;and WHEREAS,duetothe waiver or reduction of fines have hada negative financial impactonpastandpresentbudgetaryresponsibilities;and WHEREAS,the Code Enforcement Boardhad difficulty meeting duetolack of quorum;and WHEREAS,upon review of thehistory of theCode Enforcement Boardand of Chapter2,Section2-24,entitled"CodeEnforcement,"of the City's Code of Ordinances, a determination was made by the city commission and city administration thatthe City of South Miami would benefit bythe elimination of the code enforcement board,and replace itwithaspecialmastersystem;and WHEREAS,on Tuesday,February 4th,2003,the city commission accepted the recommendation of cityadministrationtoeliminatetheposition of code enforcement boardandreplaceit with aspecialmaster system andto make allnecessarychangesto sections 2-24 and 2-25,of the City of South Miami's Code of Ordinances. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.Sec.2-24 of the City of South Miami code entitled "Code Enforcement Board"isrepealedinits entirety andis hereby replaced with a new Sec.2- 24 entitled "Special Master"andshallread: Additions shown by underlining and deletions shown by overstriking. Page1 Of 10 Ord.#6-03-1790 Section 2-24.Special Master (a)Pursuant tothe constitutional home rule powers granted to municipalities bythe Florida constitution,and chapter 166andsection 162.22,Florida Statutes,the City creates theposition of SpecialMasterforthe city to enforce theoccupational license,building,zoning,sign,andotherrelated codes and ordinances of the city and all ordinances of Miami-Dade County and statutes of the state of Florida that the city is authorized to enforce. (b)All procedureandconduct of hearingsshallbeas provided insec.2-25 of this code.The city attorney shall serve as counsel to the city in the defense of appealstothespecialmaster.The city attorney shall have the power,upon approvalbythe city commission,to initiate civil actions for declaratoryand injunctive relief,andordersto compel,andto commence any other action to enforce civil fines,correction orders and orders of the special master,andto compromise and settle finesand penalties. (c)The special master shallhavethe powers to: (1)Adopt by-laws andrules of procedure. (2)Hear denovo appealsbyalleged violators from civil citations: affirm in whole orin part,or reverse,thecharge of violation;and affirm or modify the order of corrections and fine levied in the citation. (3)Subpoena andswear witnesses. (4)Take evidence underoath. (5)Issue orders havingthe force of lawtocommandactiontocorrect a violation. (6)Toassess costs,including reasonable attorney's fees,against violatorsin proceedings beforethespecialmasterandtoenforce compliancewithcitationsandorders of thespecialmaster. (7)Authorizethecity attorney torequesttheissuance of inspection warrants. (8)Perfectliensandforecloseliens. (9)Initiatecivil actions for declaratory andinjunctive relief,orderto compel,andtakeanyothercivilactioninits own name,upon approvalbythe city commission,to enforce applicablelaws against violators. (10)Compromise andsettlefinesandpenalties. (11)Takeanyactionthatisnecessarytoeffectuatethepowers of the specialmasterconsistentwiththeintent of sec.2-24andsec.2- 25, Additions shownbyunderlininganddeletionsshownbyovorstriking. Page2 of 10 Ord.#6-03-1790 (d)Appointment of a special master upon recommendation of thecitv manager with a majority vote from the city commission who will appoint a designated person for this particular position andwho shall be authorizedtohold hearings,impose,upholdand/ormitigate fines,liens, andothernoncriminalpenaltiesagainst violators of citv and/or county codes and ordinances. (e)Qualifications forspecialmaster: 1)Be aretiredFloridaJudge: 2)A member ingood standing of theFlorida Bar,with atleastten year's experience in zoning,landuse,code enforcement,orrealestate transactions or litigation: 3)AFlorida licensed real estate broker in good standing,licensed forat least five (5)years: 4)Nomorethanthree(3)specialmastersshallbeappointedforservice foranyone(1)yearperiod. (f)Term.Aspecial master's term of appointment shallbe limited toone (1)year.Aspecialmaster may be reappointed as provided forunder subsection (d).If aspecial master is unable tohearacasedueto conflict of interest or any other reason,the case shall be assigned to another special master. (g)Removal of specialmaster.Thecitv commission atitssolediscretion may remove aspecialmasterfrom office atany time. (h)Compensation.Aspecialmastershallbe compensated ataratenotto exceed $100.00 per hour for attendance at hearings and preparation of orders of thespecialmaster.. Section2.Sec.2-25 of theCity of SouthMiamicodeiscreatedto read: Sec.2-25.Code enforcement procedures. (a)Code enforcement officers. (1)Code enforcement officersarecharged with enforcing the occupationallicense,building,zoning,sign,andotherrelated codes andordinances of the city andall ordinances of Miami-Dade County andstatutes of thestate of Floridathatthecityis authorized to enforce. Additions shownbyunderlininganddeletionsshownbyoverstriking. Page 3 of 1i° Ord.§6-03-1790 (2)A"codeenforcementofficer"meansanydesignated employee or agent,including,butnotlimitedto,codeinspectorsandpolice officers,of thecity whose dutyitisto enforce theapplicablelaws. (b)Civil offenses.Theviolation of anyapplicablelawshall constitute a civil offense punishable by civil penalty inthe amount prescribed inthe schedule of fines included in this section.Failure to correct a violation, payanadministrativefeeandfine,or otherwise comply with lawful direction by thecode enforcement officer ororder of the ©ede enforcement boardspecial master may subject a violator and,or, property owner to civil actions taken in the name of the eede enforcement boardspecialmaster,uponapproval by thecity commission,for,including,butnotlimitedto,declaratory and injunctive relief,ordertoabateanuisance,totake corrective action,to compelpayment,to foreclose alienonthepropertythatissubjecttothe citationororder,ortoforeclosealienonanypersonalorotherreal property of the violator,ortotakeanyothercivilactiontocompel compliance.Thecityis authorized towithholdthe issuance of any occupational license,land use and development approvals,including, butnotlimitedto,zoning amendment,special exception,variance, building permit,final inspection approval,and temporary or final certificate of occupancy anduseuntilthe violation iscorrected. (c)Citations. (1)A code enforcement officer is authorized to issue a civil citation toa person when,basedupon personal investigation,theofficerhas reasonable cause tobelievethatthepersonhascommittedacivil violation of an applicable law. (2)A citation shall contain: 1.The date and time of issuance. 2.Thenameand address of thepersontowhomthe citation is issued. 3.The date and time the violation was committed. 4.The facts constituting reasonable cause. 5.The section or paragraph of the applicable law violated. 6.Thenameandauthority of thecode enforcement officer. 7.Theprocedureforthepersontofollowinordertocorrectthe violation and to request in writing a compliance inspection by the code enforcement officer. 8.The procedure for the person to follow in order to pay thecivil penalty orto contest the citation. Additions shown by underlining and deletions shown by ovorotriking. Page4 of 10 Ord.§6-03-1790 9.A statement that if theperson elects toappealthecitationa penalty of upto$500perday may be imposed upona determination that a violation was committed. 10.Theapplicablecivilpenalty if thepersonelectsnottoappeal the citation. 11.Whether the civil penalty isaone time fineandordaily continuing fine. 12.Astatementthat if thepersonfailstopaythe civil penalty within the time allowed,orfailstoappealthecitation,the personshallbe deemed to have waived hisorherrightto contestthecitationandthatalien may berecordedagainstthe propertyandthecitationmaybeenforced by initiatingan enforcement actionin county court. (3)Continuing finesmaybe imposed forthose violations which remain uncorrected beyond theprescribed time periodforcorrection includedinthecivilinfractionnotice.Foreachday of continued violation afterthe time periodfor correction hasrun,an additional penaltyinthesameamountasthefinefortheoriginal violation shall be added. (4)Incases of arepeat violation,or if the code enforcement officer has reasonto believe thattheviolationpresentsaseriousthreattothe public health,safetyor welfare,or if theviolationis irreparable or irreversible,thecode enforcement officerdoesnothaveto provide thepersonwithareasonabletimeperiodtocorrectthe violation priortoissuingacitation,andmay immediately issueacitation and require immediate corrective action. (5)A "repeat violation"means a violation of the same law at the same address bya person,orbysomeonein contractual privitywiththe person,orbyamember of theperson'simmediatefamily,suchas the person's mother,father,brother,sister,son,daughter,orby someone residing withthe person,withinthepastfive years. (6)In cases where a violation presents a serious threat tothe public health,safetyor welfare,the code enforcement officermay also request a special meeting of thecode enforcement board special master and thecity manager for the purposes correcting the violation by,among other things,providing oversight of the corrective action bythe violator or property owner,undertaking correctiveactionbythecityinresponsetotheviolation,and authorizing legal action against the violator and,or,property owner. (d)Notice of civil infraction.Prior to issuing a citation,thecode enforcement officer shall give a civil infraction notice as a courtesy to Additions shown by underlining and deletions shown by ovorotriking. Page5 of 10 Ord.No.6-03-1790 the person thata violation of anapplicablelawhas been committed and shall establish areasonable time period within which the person must correct the violation.Where the violator is not the owner of the real property on which the violation occurs,the code enforcement officer may also give notice tothe owner ortothe owner's agentor representative.The time periodtocorrectthe violation shall not exceed 30days.If,upon personal investigation,a code enforcement officer findsthatthepersonhasnot corrected the violation within the time period specified in the civil infraction notice,the code enforcement officer shallissueacitationtotheperson who has committed the violation,andmayissueacitation of theowner of therealproperty,or to the owner's agent or representative. (e)Criminalpenaltyfor willful refusaltosignandacceptcitation.Any personwho willfully refusestosignandacceptacitationshallbeguilty of a misdemeanor of thesecond degree,punishable as provided in §775.082 or§775.083,Florida Statutes. (f)Appeals tocode enforcement boardspecialmaster. (1)A violator who has been served with a civil citation shall elect to either: 1.Paythe civil penalty inthe manner indicated onthe citation and to immediately correctthe violation;or 2.Requestahearingbeforethecodeenforcementboardspecial master toappealthe determination of the code enforcement officer which resulted in the issuance of the civil citation. (2)An appealtothecode enforcement boardspecialmastershallbe accomplished byfilingawrittenrequest with thecode enforcement division of thebuilding department,identifyingthecitationbythe citation number orbytheaddress indicated onthecitation,nolater than 20 days after the service of the citation. (3)Uponreceipt of a timely requestforahearing,thecode enforcement divisionwill schedule the appeal onthe agenda for thenext regularly scheduled meeting of thecode enforcement boardspecial master.A notice of hearing willbemailedbycertifiedmailtothe alleged violator's last known address and,or,tothe address of the property owner thatappearson thetax records. (g)Hearings before code enforcement board special master. (1)All hearings before the code enforcement board special master shall beconductedas quasi-judicial hearings.All witnessesshallbe Additions shown by underlining and deletions shown by overstriking. Page6 of 10 Ord.§6-03-1790 sworn totellthetruthunder penalty of perjury.Although the FloridaRules of Evidenceshallnotbeappliedtotheproceedings strictly,dueprocessandfundamentalfairnessshallbe accorded to allallegedviolators.Hearsay testimony maybeconsidered to give weight or credibility toother evidence,but noordershallbe entered based solely onhearsay testimony. (2)In determining appeals,theboardspecial master shall determine whether: 1.Thepersonand,or,thepropertyownerwereproperlyserved with thecivilcitationandnotice of hearing. 2.Thecitationadequatelyidentifies facts constituting reasonable causeandthesectionor paragraph of theapplicablelawviolated. 3.The boardspecial master shall consider all the evidence presented duringthehearing. (3)The record shall consist of thecodeenforcement file,thetestimony of thecodeenforcementofficerwhoissuedthecivilcitationandany other evidence acceptedbytheboardspecialmaster. (4)The code enforcement board special master shall base its determinationonsubstantial,competent evidence intherecordand shallissueanordercontaininga statement of facts,conclusions of lawandorder.Theordermay affirm in whole orinpart,orreverse, thecharge of violation,affirm or modify thefine levied inthe ticket, direct additional corrective action bytheviolator and,or,property owner,requestcorrectiveactionbythecity,includethecost of repairs incurred,orthatmightbe incurred bythecity,in correcting theviolation,request the initiation of enforcement proceedings and takeanyother action consistent withthepowers of the board special master. (5)An audiotapeandwritten minutes summarizing theactions of the boardspecial master shallbemade. (h)Enforcement of ordersandliens. (l)At anytime,thecodeenforcement board special master,uponits own,atthe direction of thecitycommission,oruponrequest of any person,maydirecttheenforcement of itsorders,andrespondtoa seriousthreattothepublichealth,safetyor welfare. (2)In any action to enforce an order of the code enforcement board specialmasterorforeclosealien,theprevailingpartyshallbe entitledtoanorderagainsttheotherpartyawardingitsreasonable attorney'sfees incurred inallstages of theproceeding,andcosts. (i)Liens;priority andforeclosure of liens. Additionsshownby underlining and deletions shownby ovorotriking. Page7 of 10 Ord.§6-03-1790 (1)A certified copy of anorder imposing afine may berecordedinthe publicrecords of Miami-DadeCountyandshall,uponrecording, constitute alienagainstthelandon which the violation exists and upon anyotherrealorpersonalproperty owned by theviolator. (2)Liensshallbeenforcedby foreclosure incircuitcourtandsubjectto the provisions contained in subsection 162.09(3),Florida Statutes,as amended;provided,however,that the lienshall have the same priority,effect anddurationasaspecial assessment lien.Liens shall have aduration of 20years. (j)Appeals.An aggrieved party,includingtheviolator,propertyowner, local governing body,and property owners and tenants within 300feet of thepropertythatissubjecttoanorder of violation bythe eede enforcement boardspecialmaster,may appealthefinalordertothe circuitcourt.Inthecase of propertyownersandtenants,they shallhave standingto appeal tothecircuitcourtonly if they appeared atthe hearingbeforethecodeenforcementboardspecialmasterandpresented evidencein substantial opposition tothe final order of the board special master.Theappealshallnotbeahearing denovo butshallbe limited to appellate review of the record.An appeal shallbefiledwithin30days of rendition of the order. (k)Notices.Noticesshallbeprovidedinthemannerauthorizedbysection 162.12,Florida Statutes,as amended,entitled "Notices." (1)Schedule of fines.Fines shall beimposedforviolations of applicable lawsasprovidedbelow.Afineshallnot exceed $250perdayforafirst violationandshallnotexceed$500perdayforarepeatviolation,and, inaddition,mayincludeallcosts of oversight of repairs,costs of repairs,andcosts,includingreasonableattorneysfees,incurredatall stages of proceedingsdefendingappeals before thecode enforcement boardspecialmasterandinprosecutingordersentered by theboard special master.Inthe event theboard special master findsthata violationpresentsaseriousthreattothepublichealth,safetyorwelfare, ortheviolationis irreparable or irreversible in nature,itmayimposea fine not to exceed $5,000 for each violation. Additionsshownby underlining and deletions shownby overstriking. Page 8 of 10 Ord.§6-03-1790 FIRST OFFENSE CLASS I $150.00 OVERGROWN LOTS ILLEGAL SIGNS OTHER VIOLATIONS OF EQUIVALENT GRAVITY CLASS II $200.00 OCCUPATIONAL LICENSE ABANDONED/JUNKED VEHICLES TRASH GARBAGE ANIMALS COMM.VEHICLES IN RS ZONING DISTRICT OTHER VIOLATIONS OF EQUIVALENT GRAVITY CLASS III $200.00 OVERGROWN VACANT LOTS NOISE ROW OBSTRUCTIONS OTHER VIOLATIONS OF EQUIVALENT GRAVITY CLASS IV $350.00 TRIANGLE OF VISIBILITY VACANT,UNSECURED BUILDING OTHER FBC VIOLATIONS ZONING VIOLATIONS/ILLEGAL UNITS CONSTRUCTION WORK WITHOUT PERMITS OTHER VIOLATIONS OF EQUIVALENT GRAVITY CLASS V $350.00 SECOND OFFENSE $300.00 $400.00 $325.00 $450.00 $500.00 THREAT TO PUBLIC HEALTH,SAFETY &WELFARE IRREPARABLE OR IRREVERSIBLE VIOLATIONS OTHER VIOLATIONS OF EQUIVALENT GRAVITY ADDITIONAL OFFENSES $500.00 $500.00 $500.00 $500.00 $500.00 (m)In determining thedeviation,if any,fromthe scheduled fine,the boardspecialmastershallconsiderthefollowingfactors: (1)The gravity of the violation. (2)Actions taken bythe violator to correct the violation. Additionsshownby underlining anddeletionsshownby ovorstriking. Page 9of 10 Ord.#6-03-1790 (3)Previous violations committed bythe violator. (4)The benefit received bythe violator fromthe violation. (5)The violator's ability topay. (6)The deterrent effect tobe achieved by the fine. Section 3.All prior orders of thecode enforcement board special master,and all pending enforcement actionsandlienforeclosureactionsare ratified andarenot affected by this ordinance.This ordinance shallnot apply to any notices of violation that were issued prior tothe effective date of this ordinance,except that actions to enforce orders of the board former City of South Miami Code Enforcement Board,or to foreclose liens,resulting from the prior notices of violation,that are commenced after the effective date of this ordinance shall comply with the procedures stated herein. Section4.If anysection,clause,sentence,orphrase of thisordinanceisforany reasonheldinvalidorunconstitutionalbyacourtofcompetent jurisdiction,theholding shallnot affect the validity of the remaining portions of this ordinance. Section5.Allordinancesorpartsofordinancesin conflict withtheprovisions of thisordinancearerepealed.Allordinancesaddressingrestrictionsonthepowersof thecodeenforcementboardtocompromisefinesandsettlelegalactionsarerepealed. Section6.This ordinance shalltakeeffect30daysafter approval andbe published inthe City's Code of Ordinances. PASSEDAND ADOPTED this 18tflay of March ,2003. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: (6-^jUa^ CITY ATTORNEY APPROVED: i>e-n MAYOR lsl Reading -March 4,2003 2nd Reading -March 18,2003 COMMISSION VOTE: Mayor Feliu: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner McCrea: Additions shownby underlining and deletions shown by overstriking. Page10 of TO 5-0 Yea Yea Yea Yea Yea '^<o'uT^.;y CITY OF SOUTH MIAMI Excellence,Integrity,Inclusion So a lb Miami Florida ftifrtivd iMantana ''III' TO:Honorable Mayor,Vice Mayor &City Commission FROM:Sanford A.Youkilis ActingCity Manage: Date:March 18,2003 ITEM NO. RE:New Code Provision "Special Master System 2nd Reading 1 ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTHMIAMI,FLORIDA,RELATINGTOCODEENFORCEMENT;REPEALING IN ITS ENTIRETY SECTION 2-24 OF THE CODE OF ORDINANCES ENTITLED "CODE ENFORCEMENT BOARD";CREATING A NEW SECTION 2-24,ENTITLED "SPECIAL MASTER";INCLUDINGQUALIFICATIONS,POWERS OFAND COMPENSATION OF SPECIAL MASTERS;REVISING SECTION 2-25,ENTITLED "CODE ENFORCEMENT PROCEDURES";PROVIDING FOR APPEALS OF CODE ENFORCEMENT VIOLATIONS TO SPECIAL MASTER;PROVIDING FOR SEVERABILITY,ORDINANCES INCONFLICT,ANDAN EFFECTIVE DATE. BACKGROUND &ANALYSIS Inrecentweeksithasbeenbroughttotheattention of administrationmattheCodeEnforcement Boardwaivedorreduced significantly numerous fines,whichcrateda financial impactonpast and present budgetary responsibilities.Upon review of theCity'sCode of Ordinances,Chapter 2, Section 2-24,CodeEnforcement Board,itwasdeterminedbytheCityCommissionandCity Administration thattheCity of SouthMiamiwouldbenefitwiththeelimination of the Board,and the establishment of aSpecialMaster System.On Tuesday,February4,2003,theCity Commission acceptedthe recommendation of City Administration toeliminatetheCode Enforcement Board. The attached ordinance will amend the Code of Ordinances to eliminate the Code Enforcement BoardandcreateaSpecialMaster System.Thedutiesand qualifications of theSpecialMaster Systemisincludedinthedraft ordinance.TheCity Commission approvedtheattachedordinance onfirstreadingheldonMarch 4,2003,meeting. The Special Master System willgointoeffect30daysafter approval fromtheCity Commission. RECOMMENDATION Approvalonsecondreadingisrecommended. Attachments: DraftOrdinance CityManager's Report,Feb.4,2003 LetterfromCEBmember SAY/OCM/MST CITY OF SOUTH MIAMI Excellence,Integrity,Inclusion South Miami 2001 TO:Honorable Mayor,Vice Mayor &City Commission DATE:February 4,2003 FROM:SanfordA-Youkilis ActingCity Manager ITEM No.. RE:Report and Recommendation on the CreationofaSpecialmaster system. Lt> S^SSks ithasbeenbroughttothe attention of adnimistratoon that toe CodeSmSoardhaswaivedorreducedsignificantlynumerousfineswhichhavea financial impact on our past and present budgetary responsibilities. To orooerly evaluate the events or circumstances and results of the cases <*fieCoTEnfoSementBoardheard.The Code EnforcementDivision conducted a,64 mon*review of all the past cases and asurvey on aSpecial Masters versus aCE Board Board (See attached summary by fiscal year). t T^Mnv™of «*"*or wai^*t *"*""*•**^^vfflT (see attachment). A)97/98=$7,380.D)00/01=$8,939.B)98/99=$77,288.E)01/02=$98,435.Total $340,236. C)99/00=$15,040.F)02/03=$133,154.(Partial) TT cfnrrJTil MatfT g"""?y fas of 1/14/03)..A)ThTfouSmunicipUties have Special Master instead of aCode Enforcement Board. Municipality Board Aventura Bal Harbour Bal Harbour Island Biscayne Park Homestead Miami Beach North Bay Village North Miami Master Yes Yes Yes Yes Next Month Yes Yes yes Yes (both) Sunny Isles Beach Surfside Yes Yes North Miami has both systems in place and they have no criteria for this >»W «*wecouldbeassignedtoeitherdependingontheworkload(survey was conducted on 1/14/03). Page Two B)Questions on advantages and disadvantages of having aSpecial Master. 1)Who isthe special Master?a)An individual hired by the city with some type of accreditation or credentials,like an attorney,retired or ex-judge,architect,building inspector or building official. 2)Why a Special Master? a)No quorum problem. b)Additional convictions and revenue. c)More consistency 3)What are the benefits to the city?a)The Code Enforcement manager has fewer problems with the scheduling of all the members.b)Meetings are faster,because only one person has to agree;therefore faster conclusion. c)Where are the hearings conducted? CityHall 4)How much is the average salary of the Special Master? a)The City Manager hires and can negotiate the hourly rate. b)Some cities pay an hourly rate between $25.00 to $50.00 per hour (for attendance at hearings),which shall not exceed atotal of eight (8)hours per month,unless provided by the City Manager (City of North Miami).Others pay a flat fee of$100.00 an hour,with a monthly cap offive (5)hours a month (City of Miami Beach). 5)Does the city still need an attorney in the hearing? a)Yes,presence is mandatory. 6)What b the role ofthe city attorney at the hearing? a)They assume the role of aprosecutor,which is to present the case for the city. Recommendation ,,It is recommended that the City consider eliminating the Code Enforcement Board and the creation of a Special master system.City Code Chapter 2 (Sec.2-24)would have to be amendedbyordinance. AHnnkmentx:Code Enforcement Fines/Liens Waived History/Copy ofaletter from aBoard menber SAY/OMC MIAMI DAILY BUSINESS REVIEW Published Daily acceptSaturday,Sundayand LegalHolidays Miami,Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS,whoonoathsaysthatheorsheisthe VICE PRESIDENT,Legal Notices ofthe Miami Daily Business Review f/k/a Miami Review,a daily (wccept Saturday,Sunday * and Legal Holidays)newspaper,published at Miami (n Mlamf-D'ade • County,Florida;thatthe attached cop/of advertisement, being a Legal Advertisement of Notice inthe matter of CITY OFSOUTH MIAMI -PUBLIC HEARING -3/18/03 ORD.RELATING TO NOISE,ETC. in the XXXX Court, was published insaid newspaper intheissuesof 03/07/2003 Affiant further saysthatthesaid Miami Daily Business Review isa newspaper published at Miami insaid Miami-Dade County,Florida andthatthe said newspaper has •=. heretofore been continuously published insaid Miami-Dade County, Florida,eachday (except Saturday,Sunday and Legal Holidays) andhas been entered as second class mailmatteratthepost officeinMiamiinsaidMiami-DadeCounty,Florida,fora period ofoneyear next preceding the first publication ofthe attachaitcopy of advertisement;and affiant further saysthatheor^pther paid nor promised any person,firm or corporation an#discount,rebate,commissionorrefundforthepurpose of lecurijlg this advertisement for publication in the said SOOKIE WILLIAMS CITY OFSOUTHMIAMI NOTICE OF PUBLIC HEARING i !":".'"''.---•MrvrtPF is hereby oWen that the City Commission of the Cir/of ^eTi SSslon Chambers.6130 Subset.Drive,to,consider.2nd JReading of the following destfbedordinancejs):.. \AN ORDINANCE OF THE MAYOR AND CITY COMMISSION f:\OF THE StV OF SOUTH MIAMI,FLORIDA,JgLATINOTO,,- NOISE?AMENDING ARTICLE m,.SECTION 15-91,QF THEmIe^OF ORDINANCES AND CHANGING THE HOURS OFiSS^UctSnXS PROVIDING FOR SEVERABIUTY;PRbVIDING FOR8LORDINANCES,IN;XONFUCTkAND_:^OYIDING AN EFFECTIVE DAT££st Reading-February, j.18,2003).1;:.iiic^*5f«..3*-~ji.~*- ^ORDINANCE OF ^M^S^^^^TOOFTHECITYOFSOUTHMIAMI,FLORIDA,RELATINGTTOCODEE^RC^EJCT^REP^NGtMFS BmRETY SECTW^MOfW^SStVp ENFORCEMENT BOARD-;'CREATING A NEW rti^iRCATl6N§POWERS OF ANDCOMPENSATlON:OFSoF^rL^SsTERS^'REUSING SECTION 2^ENTITLED APPEALS.OF*COPE ENFORCEMENT .YWEgg J?S^EC^PMASW PROVIDING'FOR SEV^BILITY;ordinancesin conflict,and an effective,date (1st Reading March4,2003)..^:^ .^oroinance^during regular office hours.,.:•:••••.'.--•-••:'•'- inquirfei concern^this Item should be directed to the City Managers Office at305^83-6338.;;..v r _;,.\.,_^-^.^-,••:-.,..,«&•.-•--v 8 ALLInterested parties are invited to attend ahd^lllwheara-;^:---1 "'";''ir<'\*tJ ''*"^''.'^RonetoTay|or.CMC\;rv&..~<,-\>,,-..;:,, Cfty ofSouth Miami •.„,....,«:,-r ••KSrS&mnSon wilh respectltolanyjnatler considered at ^ S^pTI^^ua1^<tenceuj™^-f