Ord. No. 16-03-1800ORDINANCE NO. 16-03-1800
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO DEPARTMENT REOGANIZATION;
REVISING ARTICLE II OF THE CODE OF ORDINANCES ENTITLED
"DEPARTMENTS ", BY AMENDING SECTION 2 -7 PERTAINING TO CODE
ENFORCEMENT DIVISION; BY AMENDING SECTION 2 -8 PERTAINING TO
CENTRAL PURCHASING; AND BY AMENDING SECTION 2 -14 PERTAINING TO
A STREET AND LANDSCAPE DIVISION; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City Manager has advised that certain changes in the Departmental organization of
the City as set forth in Chapter 2, Article II of the City Code is required in order to increase efficiency and to
improve service; and
WHEREAS, certain revisions to the Departmental organization of the City as set forth in Chapter 2,
Article II of the City Code are required in order reflect current assignments and responsibilities; and
WHEREAS, these revisions which will impact the preparation and structure of the FY 2003 -2004
Budget should be incorporated into the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Sec. 2 -7 of the City of South Miami City Code entitled "Administration department;
functions and duties" is hereby amended to read as follows:
Sec. 2 -7. Administration department; functions and duties.
The administration department shall operate directly under the supervision of the city manager and
shall consist of the following divisions and duties:
(a) Code Enforcement Division, which shall provide field enforcement of all zoning codes and
ordinances.
(b) Personnel division shall act as secretary to the personnel board, hire all help, keep all employee
records on employment, vacations and sick leave, handle all matters pertaining to group insurance
and retirement funds; and any other duties related to personnel records.
(c) The city manager shall establish fees to be charged for the furnishing of copies of city records and
documents. The city manager shall establish fees to be charged for participation in city sponsored
programs, including but not limited, to those conducted by the recreational department; a different
schedule of fees may be established for nonresidents of the city. Where services are performed by
the city and a fee not established by the eeuneil commission, the city manager shall establish such
fee. A list of all fees and charges established by the city manager shall be on file with the city
clerk together with all amendments and changes thereto and available for public inspection. All
fees and charges established pursuant hereto shall be predicated upon the actual cost to the city
and subject to review by the city eauneil commission.
Ord. No. 16 -03 -1800
Section 2. That Sec. 2 -8 of the City of South Miami City Code entitled "Finance department" is
hereby amended by adding sub - section (d) to read as follows:
Sec. 2 -8 Finance department.
(d) Central purchasing for all city activities.
(�L04 In the absence of the director of finance or the city manager, the city clerk shall sign or
countersign all checks.
Section 3 That Sec. 2 -14 of the City of South Miami City Code entitled "Public works mdepartment;
functions and duties" is hereby amended to read as follows:
Sec. 2 -14. Public works department; functions and duties.
The public works department, under the supervision of the director of public works, shall perform the
following duties:
(a) Construct and maintain all streets, alleys, bridges and sidewalks, on city property.
(b) Construct and maintain all storm sewers or other surface water drainage systems built on city
property.
(c) Maintain all city owned buildings.
(d) Operate the central repair and maintenance garage.
(e) Construct and maintain all city parks and playgrounds.
(f) Collect and dispose of all garbage and trash as required in Chapter 11 of the City Code.
(g) Maintain all property and equipment assigned to this department.
(h) Prepare and maintain all records pertaining to this department, as required by the city manager.
(i) Perform all other functions as required by the city manager.
(j) Provide landscape maintenance for City rights -of -way, Swale areas, and all other public
properties.
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, the holding shall not affect the validity of the remaining
portions of this ordinance.
Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
repealed.
Section 6. This ordinance shall take effect immediately after the adoption hereof..
PASSED AND ADOPTED this 1 7t4lay of June , 2003.
ATT T: APPROVED:
I Y CLERK j4AYOR
(2)
Ord. No. 16 -03 -1800
1" Reading -
2nd Reading 6/17/03
COMMISSION VOTE: 3 -2
READ AND APPROVED AS TO FORM: Mayor Feliu: Nay
Vice Mayor Russell: Nay
Commissioner Wiscombe: Yea
CITY ATTORNEY Commissioner Bethel: Yea
Commissioner McCrea: Yea
Note: Wording to be removed is shown with trik ugh; new wording is shown in bold and underlined,
(3)
SOUT
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INCORPORATED
• 1927
fit O Rip
South Miami
All-America City
I
2001
Excellence, Integrity, Inclusion
TO: Honorable Mayor, Vice Mayor
& City Commission
FROM:Sanford A. Youkilis �
Acting City Manage
Date: May 6, 2003
ITEM NO.
RE: City Code Amendment
Department Reorganization
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO DEPARTMENT
REOGANIZATION; REVISING ARTICLE II OF THE CODE OF
ORDINANCES ENTITLED "DEPARTMENTS ", BY AMENDING SECTION 2 -7
PERTAINING TO CODE ENFORCEMENT DIVISION; BY AMENDING
SECTION 2 -8 PERTAINING TO CENTRAL PURCHASING; AND BY
AMENDING SECTION 2 -14 PERTAINING TO A STREET AND LANDSCAPE
DIVISION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE.
BACKGROUND
At the City Commission meeting on April 15, 2003, the City Manager proposed several
organizational and administrative changes. The changes being proposed will impact the
preparation and structure of the FY 2003 -2004 Budget and should be incorporated into the City
Code. In summary the recommendations are being made in order to increase efficiency and
improve service and to reflect existing situations. The changes are amendments to City Code
Chapter 2, Article II and will require the adoption of an ordinance.
Landscape Maintenance Division The Landscape Division which is currently part of the Parks
and Recreation Department is to be shifted to the Public Works Department as part of a new
Street and Landscape Maintenance Division This involves six employees and related equipment.
This recommendation is based upon the need to expand the Department's abilities to provide a
comprehensive approach to street and landscape maintenance throughout the City. Due to the
multiple tasks assigned to Public Works, this would be an excellent opportunity to cross -train
and expand the skills of these employees.
The City Code Chapter on Departmental duties does not clearly indicate that right -of way and
public property landscaping is the responsibility of any Department It would be appropriate to
(2)
add the following wording to Section 2 -14 (Public Works functions..) "(j) Provide landscape
maintenance for City rights -of -way, swale areas, and all other public properties. "
Central Purchasing This function is listed in the Code as part of the City Manager's office
(Administration department) but is currently functioning appropriately as a division of the
Finance Department. A Code amendment (Section 2 -8) is being recommended to show this
function as part of the Finance Department's duties.
Code Enforcement Division The Code Enforcement Division is now functioning as a division
of the City Manager's office. City Code Section 2 -7 should be amended to list this Division as a
responsibility of the City Manager's office (Administration department).
It is important to note that a previously mentioned administrative change, the consolidation of
the occupational license responsibility in the Finance Department will not be implemented at this
time.
RECOMMENDATION
It is recommended that the proposed ordinance be adopted on first reading.
Attachment
Proposed ordinance
City Code Chapter 2 Article II pp 8.3 -12
SAY
JA\ACM FILE \CM Memo Reorganization Ord 5 -6.doc
12-7 SOUTH MIAMI CODE 42-7
Sec. 2 -7. Administration department; functions and 'daties.
The administration department shall operate directly under
the supervision of the city manager and shall consist of the
following divisions and duties:
Supp. No. 50 8A
§ 2 -7 ADMINISTRATION AND CITY GOVERNMENT § 2 -7.1
(� L:ntralurchasig _r ail c®it�y activities
(b) Personnel division shall act as s.- _..ecretary to the per-
sonnel board, hire all help, keep all employee records
on employment, vacations and sick leave, handle all
matters pertaining to group insurance and retirement
funds; and any other duties related to personnel rec-
/e,
ords.
r`y.9 �`' e
C
(c) The city manager shall establish fees to be charged
for the furnishing of copies of city records and docu-
ments. The city manager shall establish fees to be
charged for participation in city sponsored programs,
including but not limited, to those conducted by the
recreational department; a different schedule of fees
may be established for nonresidents of the city. Where
services are performed by the city and a fee not estab-
lished by the council, the city manager shall establish
such fee. A list of all fees and charges established by
the city manager shall be on file with the city clerk
together with all amendments and changes thereto and
available for public inspection. All fees and charges
established pursuant hereto shall be predicated upon
the actual cost to the city and subject to review by the
city council.
(t-y The administration department shall perform such
other functions as required by city council:?` (Ord. No.-
404, § - 4, 44-58; Ord. No. 538, 6-14-66)
Amendment note —Ord. No. 538 purported to amend 2 -7 by adding
subsections (c) and (d), however, in effect, said ordinance added a new
subsection (c) and redesignated former subsection (c) as subsection (d).
-
Sec. 2 -7.1. Supervision, duties of inspection station and park-
ing control division.
The inspection station and parking control division shall
be under the direct control of the city manager and shall have
the following duties:
(a) Operation of the city's motor vehicle inspe-Won station
and issuance of motor vehicle inspection certificates.
Supp. No. 14 9
§ 2 -7.1 SOUTH MIAMI CODE. § 2 -8
(b) Installation, repair and service of parking meters.
(c) Nonexclusive enforcement of ordinances and regula-
tions relating to inspection and parking of motor ve-
hicles. (Ord. No. 462, 10 -3 -61)
Amendment note —Ord. No. 462 amended this Code to add a new
§ 2 -7A. The editors have redesignated said section as § 2 -7.1 above to
conform to the format of this Code.
Sec. 2 -8. Finance department.
The finance department shall be under the supervision
of the director of finance and shall have the following duties:
(a) Auditing division.
(1) Auditing of all receipts and expenditures.
(2) Keeping of all accounts of the city and issuing
such reports as required by the city manager.
(3) The director of finance shall countersign all
checks, after verification of availability of funds.
(b) Treasury division, under the immediate supervision
of the city manager, shall perform the following func-
tions:
(1) Maintain custody of all city funds, investments
and securities, including the deposit, withdrawal
and recording thereof.
(2) Negotiate all loans.
(3) The city manager, as treasurer, shall sign all
checks, notes, and bonds of the city.
(c) Collection division, under the direct supervision of the
finance director, shall perform the following functions:
(1) Bill and collect all waste accounts.
(2) Assess, bill and collect all property taxes.
(3) Bill and collect all occupational taxes, rentals,
license fees, and other charges.
(4) Maintain proper records pertaining to duties of
this division.
(5) Perform all other duties as required by city man-
ager.
Supp. No. 14
10
12-8 ADMINISTRATION AND CITY GOVERNMENT § 2 -10
(d) In the absence of the director of finance or the city
manager, the city clerk shall sign or countersign all
checks.
(Ord. No. 404, § 1, 3 -1 -58; Ord. No. 474, § 2, 10- 16 -62)
Sec. 2 -9. Reserved.
Editor's note —Ord. No. 554, 11, adopted March 7,1967, specifically repealed
12-9 derived from Ord. No. 4, enacted April 1, 1958, which listed the functions and
duties of the fire department, inasmuch as the city has entered into an agreement
for fire protection to be furnished by Metropolitan Dade County.
Sec. 2-9.1. Reserved.
Editor's note — Section 2 of Ord. No. 1634, adopted May 6, 1997, deleted §
2 -9.1 in its entirety. Formerly, said section pertained to the public defender and
derived from Ord. No. 583, § 1, adopted Nov. 7, 1967; Ord. No. 656, § 1, adopted
July 22, 1969; and Ord. No. 785, § 1, adopted July 17, 1973.
Sec. 2.10. Legal department; functions and duties.
The legal department shall consist of a city attorney and an
associate attorney, the associate attorney to serve in the absence
of the city attorney.
The legal department shall perform the following functions:
(a) Represent the city in all matters in which the city has an
interest coming before any court or tribunal, except in
such cases as other arrangements may be specifically
made by the city council.
(b) Advise the council, manager, and department heads in all
cases when legal opinion is required and requested.
(c) Draft all deeds, leases, contracts, and other legal instru-
ments as required.
(d) Represent the city in all sessions of the municipal court.
(e) Perform all other related functions as required.
(Ord. No. 404, § 3, 4 -1 -58)
Cross reference. —Office of associate city attorney created, duty and compen-
sation of associate city attorney, § 2-4.1.
Supp. No. 54 10.1
§ 2 -11 SOUTH MIAMI CODE § 2 -13
Sec. 2 -11. Reserved.
Editor's note — Section 2 of Ord. No. 1636, adopted May 6, 1997, deleted §
2 -11 in its entirety. Formerly, § 2 -11 pertained to the municipal court department
and derived from Ord. No. 404, adopted April 1, 1958.
Sec. 2 -12. Police department; functions and duties.
The police department, under the. supervision of the police
chief, shall have the following functions:
(a) Enforce the laws and ordinances.
(b) Prevent crime and maintain peace and order.
(c) Protect lives and property from malicious damage and
injury.
(d) Operate and maintain all city parking meters.
(e) Operate all city owned and operated parking lots.
(f) Maintain and care for all property assigned to the police
department.
(g) Prosecute all violations within its jurisdiction.
(h) Prepare and maintain all records required by law and the
city manager.
(i) Install and maintain all traffic regulatory signs and
signals.
(j) Maintain all traffic control street markings.
(k) Perform all other related functions as required.
(Ord. No. 404, § 1, 4 -1 -58)
Sec. 2-13. Building, zoning and community development
department functions and duties.
The building, zoning and community development department,
under the director of building, zoning and community develop-
ment, shall perform the following functions:
(a) Enforce all building, plumbing and electrical codes;
(b) Enforce all city zoning codes and ordinances;
(c) Enforce all subdivision and platting regulation;
Supp. No. 54 10.2
§ 2 -13 ADMINISTRATION AND CITY GOVERNMENT 62-14
(d) Prepare for review by the city's planning board and for
adoption or rejection by the city council all matters
pertaining to zoning, subdivision control and related city
regulations and codes;
(e) Supervise the studies of city population, land use, facili-
ties, resources and needs and other factors which influ-
ence the city's development and on the basis of such
studies prepare such official and other maps and reports
as, taken together, constitute a master plan for the
welfare, recreation, economic and physical development
of the city;
(f) Implement and supervise construction, regulate and main-
tain all sanitary sewer systems on city property; and
(g) Perform all other functions as required by the city man-
ager.
(Ord. No. 945, § 1, 7- 19 -77)
Sec. 2 -14. Public works department; functions and duties.
The public works department, under the supervision of the
director of public works, shall perform the following duties:
(a) Construct and maintain all streets, alleys, bridges and
sidewalks, on city property.
(b) Construct and maintain all storm sewers or other surface
water drainage systems built on city property.
(c) Maintain all city owned buildings.
(d) Operate the central repair and maintenance garage -
(e) Construct and maintain all city parks and playgrounds.
(f) Collect and dispose of all garbage and trash as required in
Chapter 11 of the City Code.
(g) Maintain all property and equipment assigned to this
department.
(h) Prepare and maintain all records pertaining to this de-
partment, as required by the city manager.
(i) Perform all other functions as required by the city man-
ager.
(Ord. No. 404, § 3, 4 -1 -58; Ord. No. 775, § 1, 4 -3 -73; Ord. No. 946,
§ 1, 7- 19 -77)
Supp. No. 54 11
12-15 SOUTH MIAMI CODE § 2 -17
Sec. 2-15. Records department; functions and duties.
The records department, directed by the city clerk, shall
perform the following duties:
(a) Prepare, maintain, publish and index all proceedings of
the city council.
(b) Arrange for all elections and maintain all election records.
(c) Act as supervisor of registration.
(d) File and preserve, as required, all contracts, bonds, oaths
of office, and other documents.
(e) Shall be clerk of the municipal court.
(f) File, preserve, and codify all ordinances and resolutions.
(g) Shall have authority to administer oaths and issue war-
rants for the arrest of persons violating ordinances of the
city.
(h) Perform all other related functions as required by the city
council.
(Ord. No. 404, § 3, 4 -1 -58)
Sec. 2 -16. Recreation department; functions and duties.
The recreation department, supervised by the director of
recreation, shall perform the following functions:
(a) Develop a general recreation program for the city.
(b) Operate the recreation activities on all city owned or
leased properties.
(c) Maintain and operate all property assigned to the recre-
ation department.
(d) Prepare and maintain all records pertaining to the de-
partment, as required by the city manager.
(e) Perform all other related functions as required.
(Ord. No. 404, § 3, 4 -1 -58)
Sec. 2.17. Reserved.
Editor's note—Section 2 of Ord. No. 1635, adopted May 6, 1997, deleted §
2 -17 in its entirety. Formerly, such section pertained to the library department
and derived from Ord. No. 511, § 1, adopted Oct. 5, 1964.
Supp. No. 54 12