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Ord. No. 13-99-1687
ORDINANCE NO.13-99-1687 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CODE ENFORCEMENT;AMENDING SECTION 2-24 OF THE CODE OF ORDINANCES ENTITLED "CODE ENFORCEMENT BOARD"; CREATING SECTION 2-25 ENTITLED "CODE ENFORCEMENT PROCEDURES";PROVIDING A SCHEDULE OF FINES,ISSUANCE OF CITATIONS,APPEAL TO CODE ENFORCEMENT BOARD,LIENS ON REAL AND PERSONAL PROPERTY,AND ENFORCEMENT OF LIENS,PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE. Whereas,the intent of thisordinancerelatingtocode enforcement istopromote, protect and improve the health,safety and welfare of the residents and businesses of,and visitors to,theCity of SouthMiamibyre-creatingthecode enforcement board andby providing a system of citations forthe imposition of administrative finesandnon criminalpenaltiestopromoteafair,expeditious,effectiveandaninexpensivemethod of enforcing the codes,ordinances and statutes inforceinthecity;and, Whereas,thecode enforcement systemcreatedbythis ordinance is based onthe constitutional home rules powers given to municipalities by the Florida constitution and chapter166 and section 162.22,Florida Statutes;and, Whereas,ininterpretingandapplyingtheprovisions of thisordinance,theCity commissionintendsforpartiesandcourtstobeguidedbytheexpressedintent of theCity commissioninadoptingthis ordinance andbyjudicialappellate decisions construing such sections or provisions of chapter 162,Florida Statutes,asare reflected inthis ordinance,butthisshallnotbe construed byany reviewing courtasanelectionbythe citytobelimitedinthe exercise of itshomerule powers byanyprovision of chapter 162 thatisnot incorporated intothis ordinance. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.Sec.2-24 of theCity of SouthMiamicodeis amended toread: (a)Pursuanttotheprovisions of constitutionalhomerulepowersgrantedto municipalities bytheFlorida constitution,andchapter 462 166and section 162.22,Florida Statutes,(1985),andasthesamemaybe amended,thereisherebyre-createdandcontinuedinexistence a& established a the City of South Miami C ©ode e Enforcement h Board for Additions shownby underlining and deletions shown by overstrikingi 1 thecitytoenforcetheoccupationallicense,building,zoning,sign,and other related codesandordinances of thecityandall ordinances of Miami-Dade County and statutes of the state of Florida that the city is authorized to enforce. (b)The provisions of Chapter 162,Florida Statutes (1985),and asthe same maybeamended,areadoptedandbyreferencemadeapart of this Codei (c)The code enforcement board shall consist of seven members who are residents of thecity.Appointments shallbe made in accordance with the city charter andcodeonthebasis of experience,or interests inthefields of zoning,aestheticandbuildingcontrol.Wheneverpossible,the membership shallconsist of an architect,a businessman person,an engineer,a general contractor,a subcontractor and a realtor,and shall reflect gender and ethnic diversity. (d)Initial appointments shallbeasfollows:two (2)membersshallbe appointed foraterm of oneyear;three (3)members shallbeappointed fortwo (2)years;thethirdtwo(2)membersshallbe appointed fora term of three (£)-years.Thereafter,allappointmentsshallbemadefora term of three @)years.Appointments tofillanyvacancyshallbeforthe remainder of the unexpired term of office.A member maybe reappointed.If any member failsto attend three successive meetings without cause and without approval of the chair,the board shall declare the member's officevacant,andthemayorshallpromptlyfillthe vacancy in the manner provided inthe city charter. (e)Allprocedureandconduct of hearingsshallbeinaccordancewiththe provisions of Chapter 162,Florida Statutes (1985),asthesamemaybe amended.as providedin sec.2-25 of thiscode.Thecityattorneyshall serve as counsel to the board. (f)Thecode enforcement boardshallhave mek thepowersasprovidedby Section 162,08,Florida Statutes (1985),andasthesamemaybe amended,andsuchadditionalpowersasmaybeprovidedbylawto: (1)Adopt by-laws and rules of procedure. (2)Hear denovo appeals by alleged violators from civil citations;affirm in whole orinpart,or reverse,the charge of violation;and affirm or modify the order of corrections and fine levied in the citation. (3)Subpoena and swear witnesses. (4)Take evidence under oath. Additionsshownbyunderlininganddeletionsshownbyoverstriking. 2 (5)Issue orders having the force of law to command action to correct a violation. (6)To assess costs,including reasonable attorney's fees,against violators in proceedings before the board and to enforce compliance with citations and orders of the board. (7)Authorize the city attorney to request the issuance of inspection warrants. (8)Perfect liens and foreclose liens. (9)Initiate civil actions for declaratory and injunctive relief,order to compel,and take any other civil action in its own name,upon approval by the city commission,to enforce applicable laws against violators. (10)Compromiseandsettlefinesandpenalties. (11)Take any action that is necessary to effectuate the powers of the board consistent with the intent of sec.2-24 and sec.2-25. (g)Fines andlienswillbeas authorized by virtue of the provisions of Section 162,09,Florida Statutes (1985),and as the same may be amended,and as provide bylaw. Section 2.Sec.2-25 of the City of South Miami code is created toread: Sec.2-25.Code enforcement procedures. (a)Code enforcement officers. (1)Codeenforcementofficersarechargedwithenforcingthe occupational license,building,zoning,sign,and other related codesand ordinances of thecityandall ordinances of Miami-Dade Countyandstatutes of thestate of Floridathatthecityis authorized to enforce. (2)A"codeenforcementofficer"meansanydesignatedemployeeor agent,including,butnotlimitedto,codeinspectorsandpolice officers,of thecitywhosedutyitistoenforcethe applicable laws. (b)Civiloffenses.Theviolation of anyapplicablelawshallconstitutea civiloffensepunishablebycivilpenaltyintheamountprescribedinthe schedule of finesincludedinthissection.Failuretocorrectaviolation, payanadministrativefeeandfine,orotherwisecomplywithlawful direction by the code enforcement officer or order of thecode enforcementboardmaysubjectaviolatorand,or,propertyownerto civilactionstakeninthename of thecodeenforcementboard,upon approvalbythecitycommission,for,including,butnotlimitedto, Additionsshownby underlining and deletions shownby overstriking. 3 declaratory and injunctive relief,order to abate a nuisance,to take corrective action,tocompelpayment,toforeclosealienonthe property that is subject tothe citation or order,or to foreclose a lien onany personal or other real property of the violator,or to take any other civil action to compel compliance.The city is authorized to withhold the issuance of any occupational license,land use and development approvals,including,but not limited to,zoning amendment,special exception,variance,building permit,final inspection approval,and temporary or final certificate of occupancy and use until the violation is corrected. (c)Citations. (1)A code enforcement officer is authorized to issue a civil citation to a person when,based upon personal investigation,the officer has reasonable cause to believe that the person has committed a civil violation of an applicable law. (2)A citation shall contain: 1.The date and time of issuance. 2.Thename and address of the person to whom the 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.Thenameand authority of thecode enforcement officer. 7.The procedure forthepersontofollowin order to correct the violationandtorequestinwritingacomplianceinspectionby the code enforcement officer. 8.Theprocedureforthepersontofollowinordertopaythecivil penalty orto contest the citation. 9.TheapplicablecivilpenaltyAstatementthat if theperson electsto appeal the citation a penalty of upto $500 per daymay be imposed upon a determination that a violation was committed. 10.The applicable civilpenalty if thepersonelectsnotto appeal the citation. 11.Whetherthecivilpenaltyisaonetimefineandordaily continuing fine. 12.A statement thatiftheperson fails topaythecivil penalty withinthetime allowed,orfailstoappealthecitation,the personshallbedeemedtohavewaivedhisorherrightto contestthecitationandthatalienmayberecordedagainstthe Additionsshownby underlining and deletions shown by overctriking, 4 property andthecitationmaybe enforced byinitiatingan enforcement actionin county court. (3)Continuing fines may be imposed for those violations which remain uncorrected beyond the prescribed time period for correction includedinthecivil infraction notice.Foreachday of continued violation after the time period for correction has run,an additional penalty inthesame amount asthefinefortheoriginal violation shall be added. (4)In cases of a repeat violation,or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health,safetyorwelfare,or if the violation is irreparable or irreversible,the code enforcement officer does not have to provide thepersonwitha reasonable time period to correct the violation prior toissuinga citation,and may immediately issuea citation and require immediate corrective action. (5)A "repeat violation"meansa violation of the same lawatthesame address bya person,orby someone in contractual privity with the person,orbya member of the person's immediate family,suchas the person's mother,father,brother,sister,son,daughter,orby someone residing withthe person,within the past fiveyears. (6)Incases where a violation presents a serious threat tothe public health,safetyorwelfare,thecode enforcement officermayalso request a special meeting of the code enforcement board andthe citymanagerforthepurposescorrectingtheviolationby,among otherthings,providingoversight of thecorrectiveactionbythe violatororpropertyowner,undertakingcorrectiveactionbythe cityinresponsetotheviolation,and authorizing legalaction against the violator and,or,property owner. (d)Notice of civil infraction.Priortoissuingacitation,thecode enforcement officershallgiveacivil infraction noticeasa courtesy to thepersonthataviolation of anapplicablelawhasbeencommittedand shallestablisha reasonable timeperiodwithinwhichthepersonmust correct the violation.Where the violator is not the owner of the real property on which the violation occurs,the code enforcement officer mayalsogivenoticetotheownerortotheowner'sagentor representative.Thetimeperiodto correct the violation shallnotexceed 30days.If,uponpersonalinvestigation,acodeenforcementofficer finds that the person hasnot corrected the violation within thetime period specified inthecivil infraction notice,the code enforcement officershallissueacitationtothepersonwhohascommittedthe violation,andmay issue a citation oftheowner of thereal property,or tothe owner's agent or representative. Additionsshownby underlining and deletions shownby overstriking! 5 (e)Criminal penalty for willflill refusaltosignand accept citation.Any person who willfully refusestosignand accept a citation shall be guilty of a misdemeanor of the second degree,punishable as provided in §775.082 or §775.083,Florida Statutes. (f)Appeals to code enforcement board. (1)A violator who has been served with a civil citation shall elect to either: 1.Pay thecivil penalty inthe manner indicated onthe citation and to immediately correct the violation;or 2.Request a hearing before the code enforcement board toappeal the determination of the code enforcement officer which resulted in the issuance of the civil citation. (2)An appeal tothecode enforcement board shallbe accomplished by filing a written request with the code enforcement division of the building department,identifying the citation by the citation number or bythe address indicated onthe citation,no later than 20days after the service of the citation. (3)Upon receipt of atimelyrequestfora hearing,thecode enforcement division will schedule theappealonthe agenda forthe next regularly scheduled meeting of the code enforcement board.A notice of hearing willbe mailed by certified mailtothe alleged violator's last known addressand,or,totheaddress of the property owner that appears on the tax records. (g)Hearings before code enforcement board. (1)All hearings before thecode enforcement board shall be conducted as quasi-judicial hearings.All witnesses shall be sworn totellthe truthunderpenalty of perjury.AlthoughtheFloridaRules of Evidenceshallnotbeappliedtotheproceedingsstrictly,dueprocess andfundamentalfairnessshallbeaccordedtoallallegedviolators. Hearsaytestimonymaybeconsideredtogiveweightorcredibility tootherevidence,butnoordershallbeenteredbasedsolelyon hearsay testimony. (2)In determining appeals,the board shall determine whether: 1.Thepersonand,or,thepropertyownerwereproperlyserved withthecivilcitationandnotice of hearing. 2.Thecitationadequatelyidentifiesfactsconstitutingreasonable causeandthesectionorparagraph of theapplicablelawviolated. Additions shownbyunderlininganddeletionsshownby overstrikingi 6 3.Theboardshallconsideralltheevidencepresentedduringthe hearing. (3)Therecordshallconsist of thecodeenforcementfile,thetestimony of thecodeenforcementofficerwhoissuedthecivilcitationandany other evidence accepted bytheboard. (4)The code enforcement board shall base its determination on substantial,competent evidence inthe record and shall issue an order containing a statement of facts,conclusions of law and order. Theordermayaffirminwholeorinpart,orreverse,thecharge of violation,affirm or modify thefine levied inthe ticket,direct additionalcorrectiveactionbythe violator and,or,property owner, request corrective action bythecity,include the cost of repairs incurred,orthatmightbe incurred bythecity,in correcting the violation,requesttheinitiation of enforcement proceedings andtake any other action consistent withthe powers of the board. (5)An audio tape and written minutes summarizing the actions of the board shall be made. (h)Enforcement of orders and liens. (l)At anytime,thecode enforcement board,upon itsown,atthe direction of thecitycommission,orupon request of anyperson,may direct the enforcement of itsorders,and respond toaseriousthreat tothe public health,safety or welfare. (2)In any action to enforce an order of the code enforcement board or foreclosealien,the prevailing party shallbe entitled toan order against the other partyawardingits reasonable attorney's fees incurred inallstages of the proceeding,andcosts. (i)Liens;priority and foreclosure of liens. (1)A certified copy of anorderimposingafinemaybe recorded inthe publicrecords of Miami-DadeCountyandshall,uponrecording, constitute a lienagainst the land on which the violation exists and uponanyotherrealorpersonalpropertyownedbytheviolator. (2)Liensshallbeenforcedby foreclosure incircuitcourtandsubjectto theprovisionscontainedinsubsection 162.09(3),FloridaStatutes,as amended;provided,however,that the lien shall have the same priority,effect anddurationasaspecial assessment lien.Liensshall have a duration of 20 years. (j)Appeals.An aggrieved party,including the violator,property owner, local governing body,andpropertyownersandtenants within 300feet of thepropertythatissubjecttoanorder of violationbythecode enforcement board,mayappealthefinal order tothe circuit court.In Additionsshownby underlining and deletions shownby overstrikingi 7 thecase of propertyownersandtenants,theyshallhavestandingto appealtothecircuitcourtonly if theyappearedatthe hearing beforethe code enforcement board and presented evidence in substantial oppositiontothefinalorder of theboard.Theappealshallnotbea hearing denovo butshallbelimitedto appellate review of therecord. An appeal shall be filed within 30 days of rendition of the order. (k)Notices.Notices shallbe provided inthe manner authorized by section 162.12,Florida Statutes,as amended,entitled "Notices." (1)Schedule of fines.Finesshallbe imposed for violations of applicable laws as provided below.Afineshallnot exceed $250 per dayforafirst violation andshallnotexceed$500 per dayfora repeat violation,and, in addition,mayincludeallcosts of oversight of repairs,costs of repairs,and costs,including reasonable attorneys fees,and costs incurred atall stages of proceedings defending appeals before thecode enforcement board andin prosecuting orders entered by the board.In the event theboardfindsthataviolationpresentsaseriousthreattothe public health,safetyorwelfare,orthe violation is irreparable or irreversible in nature,it may impose afine not to exceed $5,000 for each violation. NQN-CONTESTED CONTESTED FIRST SECOND ADDITIONAL OFFENSE OFFENSE OFFENSES CLASS I $75.00 $150.00 $300.00 OVERGROWN LOTS ILLEGAL SIGNS ZONING VIOLATIONS OTHER VIOLATIONS OF EQUIVALENT GRAVITY CLASS II $125.00 $250.00 $400.00 OCCUPATIONAL LICENSE ABANDONED/JUNKED VEHICLES TRASH GARBAGE ANIMALS COMMERCIAL VEHICLES IN RS ZONING DISTRICT OTHER VIOLATIONS OF EQUIVALENT GRAVITY Additionsshownbyunderlininganddeletionsshownbyoverstrikingi 8 CLASS III $175.00 $300.00 $450.00 OVERGROWN VACANT LOTS CONSTRUCTION WORK WITHOUT PERMITS NOISE ROW OBSTRUCTIONS OTHER VIOLATIONS OF EQUIVALENT GRAVITY CLASS IV $250.00 $400.00 $500.00 TRIANGLE OF VISIBILITY VACANT,UNSECURED BUILDING OTHER SFBC VIOLATIONS OTHER VIOLATIONS OF EQUIVALENT GRAVITY CLASS V $250.00 $500.00 $500.00 THREAT TO PUBLIC HEALTH,SAFETY & WELFARE IRREPARABLE OR IRREVERSIBLE VIOLATIONS OTHER VIOLATIONS OF EQUIVALENT GRAVITY (m)In determining the deviation,if any,from the scheduled fine,the board shall consider the following factors: (1)The gravity of the violation. (2)Actions taken by the violator to correct the violation. (3)Previous violations committed by the violator. (4)The benefit received by the violator from the violation. (5)The violator's ability to pay. (6)The deterrent effect to be achieved by the fine. Section 3.All prior orders of thecode enforcement board,andall pending enforcementactionsandlienforeclosureactionsareratifiedandarenotaffectedbythis ordinance.This ordinance shallnotapplytoanynotices of violation that wereissued prior tothe effective date of thisordinance,exceptthatactionsto enforce orders of the board,orto foreclose liens,resultingfromthe prior notices of violation,thatare commencedaftertheeffectivedate of thisordinanceshallcomplywiththeprocedures stated herein. Section4.If anysection,clause,sentence,orphrase of thisordinanceisforany reasonheldinvalidorunconstitutionalbyacourt of competentjurisdiction,theholding shallnotaffectthe validity of theremainingportions of thisordinance. Section5.Allordinancesorparts of ordinancesinconflictwiththeprovisions of thisordinancearerepealed.All ordinances addressingrestrictionsonthepowers of thecodeenforcementboardtocompromisefinesandsettlelegalactionsarerepealed. Section6.Thisordinanceshalltakeeffectimmediatelyuponapproved. Additionsshownby underlining and deletions shownby overstrikingi 9 '1 PASSED AND ADOPTED this 8th_day of June ATTEST:APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 0021 -001 'ordinance code enforcement MAYOR 1st Reading-6/1/99 2nd Reading-6/8/99 COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Additions shownbyunderlininganddeletionsshownby overstriking. 10 ,1999. 5-0 Yea Yea Yea Yea Yea