Ord. No. 10-03-1794ORDINANCE NO.10"03"1794
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OFSOUTHMIAMI,FLORIDA,RELATED TOTHECODEENFORCEMENT
BOARD,AMENDING SECTION 20-4.4 AND SECTION 20-6.1 OFTHE SOUTH
MIAMILAND DEVELOPMENT CODE,TO REPLACE REFERENCES TOTHE
CODEENFORCEMENTBOARD,WHICHHASBEENELIMINATED;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,The City Commission recently voted to eliminate the Code Enforcement Board,and
replace itwitha Special Master system;and,
WHEREAS,The City's Land Development Code contains several references to the Code
Enforcement Board;and
WHEREAS,it is now necessary to eliminate reference to the Code Enforcement Board in the Land
Development Code,and replace it with the words Special Master,where appropriate;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY'COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Section 20-4.4 entitled "Off-Street Parking Requirements;'oftheCity's
Land Development Code,is hereby amended to read as follows:
20-4.4 Off-street parking requirements.
(M)Valet Parking Permits for Use of Public Property.
(9)Enforcement Fine Schedule and Right to Appeal.
(a)Enforcement.The City shall enforce the provisions of this Ordinance,
including the Valet Operators Code of Conduct.Ifa violation of this
ordinance is found,the City shall issue a Notice of Violation tothe violator.
TheNoticeshallinformtheviolatorofthenatureoftheviolation,amount of
thefinefor which the violator may be liable,instructions andduedatefor
paying the fine,and notice that the Violation may be appealed by requesting a
hearing before the City's Special Master Code Enforcement Board.Failure to
appeal within ten days after service of the notice of violation shall constitute
andadmission of theviolationandawaiver of therighttoahearing.
(b)The following civil fines shall be imposed for each violation:
1.OperationwithoutValet
Permit
2.Unauthorized/Illegal
Ramping
3.Unauthorized/Illegal
Storage
Immediate cessation of
service and $250.00
$150.00 per offense
$200.00 peroffense
Pg.2 of Ord.NO.10-03-1794
4.PenaltyforLapsein
Required Insurance
Coverage
Immediate cessation of
service and $150.00.In
cases where more than one
dayhaslapsed,$150.00
perdayfinefromdate of
lapse.
5.No Name Tag $25.00 per offense
6.No Uniform $25.00 per offense
7.No Valid Florida
Driver's License
$25.00per offense/and
immediate removal of the
employeefromthevalet
operation.
(c)Rights of violators;payment of fine,right to appeal;failure to pay civil fine,
ortoappeal.
i.AviolatorwhohasbeenservedaNoticeofViolationshallelecteither
to:
1.Pay the civil fine in the manner indicated on the Notice;or
2.Request an administrative hearing within ten days of receipt of
theviolationbeforetheSpecial Master Code Enforcement
Board.
Section 2.That Section 20-6.1 entitled "Administrative Entities;'of the City's Land Development
Code,isherebyamendedtoreadas follows:
20-6.1 Administrative entities.
(E)Code Enforcement Board
(1)Creation.Pursuant to the provisions of Chapter 162,Florida Statutes,there is hereby
created and established a code enforcement board to enforce the occupational license,
building,zoning,sign and other related ordinances of the city.
(2)Membership.All appointees shall bo for a term appointed and until a successor shall
have boon appointed and qualified.Appointments for unexpired terms shall bo for the
remainder ofthetermand until a successor hasbeen appointed and qualified.
(F)Appellate Body.
(1}The city commission shall serve as the appellate body for all appeals of
administrative decisions.
-(3)Exhaustion of remedies.
-(a)No person aggrieved by any,resolution,order,requirement,decision or
determination may apply to the court for relief unless he or she has first
exhausted the remedies provided for horoin and taken all available steps
providedinthisCode.
Pg.3 of Ord.NO.10-03-1794
-(b)Such application tothecourt shall bein accordance with procedures
proscribed underthisCodeandstatelaw.
Section3 All ordinances orpartsof ordinances inconflictwiththeprovisionsofthis
ordinance are hereby repealed.
Section 4.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 ofthe remaining portionsofthis ordinance.
Section5.This ordinance shall be effective immediately afterthe adoption hereof.
PASSEDANDADOPTED this20_day of May2003.
ATTEST:
AJuI&D
SOTel&ng:5/6/Q32ndReading:5/20/03
READ AND APPROVED AS TO FORM:
-^T/6*C3^
CITY ATTORNEY
APPROVED:
(y <^-J^
MAYOR
COMMISSION
Mayor Feliu:
Vice-Mayor Russell:
Commissioner Bethel:
Commissioner Wi scorn be
Commissioner McCrea:
K:\PB\PB Agendas Staff Reports\2003 Agendas Staff Reports\03-25-03\Code Enf lid elim Rcso.doc
5-0
Yea
Yea
Yea
Yea
Yea
South Miami
All-America City
2001
Excellence,Integrity,Inclusion
To:Honorable Mayor,Vice Mayor &
City Commission
From:Sanford A.Youkilis
Acting City Manager
Date:May 20,2003
Re:Item No.
LDC Amendment
Code Enforcement Board
Elimination
REQUEST:
AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF THE
CITY OFSOUTH MIAMI,FLORIDA,RELATED TO THE CODE
ENFORCEMENT BOARD,AMENDINGSECTION20-4.4AND
SECTION 20-6.1 OFTHESOUTH MIAMI LAND DEVELOPMENT
CODE,TO REPLACE REFERENCES TOTHE CODE ENFORCEMENT
BOARD,WHICH HAS BEEN ELIMINATED;PROVIDING FOR AN
EFFECTIVE DATE.
BACKGROUND .
The City Commission recently voted to eliminate the Code Enforcement Board,and replace it with a
Special Master system.This was done in order to cut down on the number offines and liens that were
being waived by the Code Enforcement Board.A Special Master is a semi-judicial position,usually
filled by a retired judge or attorney on a part time basis,who acts as a hearing officer,and hears appeals
of code enforcement fines and citations.
The City's Land Development Code contains several references to the Code Enforcement Board.This
ordinance would eliminate reference to the Code Enforcement Board in the Land Development Code,
and replace it with the words Special Master,where appropriate.
On March 25,the Planning Board reviewed the proposed ordinance and voted 4-1 to recommend
approval.On May 6,2002,the City Commission voted to approve the ordinance on first reading.
RECOMMENDATION
APPROVAL ofthe Ordinance upon second reading public hearing.
Attachments;
Draft Ordinance
SAY/RGL^A—
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