1010
1 ORDINANCE NO. _____ _
2
3 An Ordinance amending Chapter 2, Article III, titled BOARDS AND
4 COMMITTEES, Sections 2-24 and 2-25 to accommodate the enforcement of
5 civil citations issued for violation of certain misdemeanors, to bring the
6 ordinances into compliance with Chapter 162, Florida Statutes, to replace the
7 schedule of fines with reference to City's Schedule of Fees and Fines and to
8 otherwise update and clarify these Sections and provide a mechanism for the
9 enforcement of all ordinances.
10
11
12 WHEREAS, the City of South Miami has been vested with home rule power to enact
13 ordinances that do not conflict with state law; and
14
15 WHEREAS, the City of South Miami ("City") has previously enacted Section 2-24 and
16 2-25 pursuant to Chapter 162, Florida Statutes, which Sections are primarily designed to
17 adjudicate violations of the City's building and zoning ordinances; and
18
19 WHEREAS, in its current form Sections 2-24 and 2-25 are not appropriately drafted to
20 accomplish the enforcement of all of the City ordinances; and
21
22 WHEREAS, this proposed ordinance will also provide the City's police department with
23 an alternative procedure for enforcement of civil citations issued in lieu of arrest for certain
24 misdemeanors and it will create an additional mechanism under the City's Code to enforce these
25 and other civil violations.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
29
30 Section 1. Chapter 2, Article III, titled BOARDS AND COMMITTEES, Sections 2-24
31 of the City of South Miami's Code of Ordinances, titled "Special Master" is hereby amended in
32 pertinent part to read as follows:
33
34 Sec. 2-24. -Special Mmaster.
35 (a) Pursuant to the constitutional home rule powers granted to municipalities by the Florida
36 constitution, and F.S. ch. 166 and f ch. 162~, the ~eity creates the position of .s.special
37 Mmaster for the Ceity to enforce the City's ordinances including the City's Land
38 Development Code, occupational license, building, zoning, sign, and other related codes
39 and ordinances of the Ceity and all ordinances of Miami-Dade County and statutes of the
40 state that the ~eity is authorized to enforce, unless an alternative enforcement method is
41 designated by an ordinance.
42 (b) All procedure and conduct ofhearing~ shall be as provided in .s.section 2-25 of this Code.
43 The Ceity Aattomey shall serve as counsel to the Ceity in the defense of appeals to and
44 enforcement actions before the .s.special Mmaster if the accused violator is represented by
45 legal counsel, otherwise the head of the code enforcement division, or his or her
46 designee, shall present the ~eity's case in all actions before the .s.special Mmaster. The
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1 ~eity--Aattomey shall have the power, upon approval by the Ceity ~eommission, to
2 initiate civil actions for declaratory and injunctive relief, and orders to compel, and to
3 commence any other action to enforce civil fines, correction orders and orders of the
4 ~special Mmaster. The Ceity Mmanager shall have the power to compromise and settle
5 fines and penalties.
6 (c) The Sspecial Mmaster shall have the powers to:
7 (1) ,'.aejlt lly laws BRa rules ef jlfOeeclme.Adopt rules for the conduct of its m~glfm.
8 (2) Hear ae neve ajljleals lly allegea yielaters frem eiyil eitatiens; affirm in whele er in
9 jlart, er reverse, tlle eharge ef yielatien; ana affirm er medifY tlle maer ef eerreetiens
10 ana fine leviea in tlle eitatien. Subpoena alleged violators and witnesses to its
11 hearings. Subpoenas may be served by the sheriff of the county or police department
12 ofthe _~I:R:il.m~l
13 (3) SOOjleena BRa swear vfitnesses.
14 (4) Subpoena evidence to its _.1I1
15 (5) t4jTake e'liaenee testimony under oath.
16 iQl..~Issue orders having the force of law to command aetien te eerreet a '1ielatien.
17 whatever steps are necessary to bring a violation into iJOIb:mlfIDltill\l@-at1.
18 f6j Te assess eests, inelHffing reasenallie atterney's fees, against '1ielaters in
19 jlreeeeaings llefore the sjleeial master and te enferee eefHjllianee wfth eitatiens and
20 maers eftlle Sjleeial master.
21 (7) Autllerine tlle eity atterney te request tlle issHanee ef inSjlemen VllIITants.
22 (8) Perfeet liens ana foreelese liens.
23 (9) Initiate eivil aetiens for aeelaratery ana injlHlm'le relief, maer te eemjlel, and
24 take any ether ei'lil aetien in its eVJH name, Hjlen ajljlre'lallly tlle eity eemmissien, te
25 enforee Sjljlliea1lle laws against '1ielaters.
26 (10) Take any aetien tllat is neeessary te effeetHate tlle jlewers ef tlle sjleeial
27 master eensistent with tlle intent ef semens 2 24 BRa 2 25
28 ill fl-l1 Compromise and settle fines and penalties, concurrent with the city manager.
29
30
31 (d) Appointment of a ~special Mmaster upon recommendation of the ~eity Mmanager with a
32 majority vote from the Ceity ~eommission who will appoint a designated person for this
33 particular position and who shall be authorized to hold hearings, impose, uphold and/or
34 mitigate fines, liens, and other non-criminal penalties against violators of city and/or county
35 codes and ordinances.
36 (e) Qualifications for ~special Mmaster:
37 (1) Be a retired state judge; or
38 (2) A member in good standing of the Florida Bar, with at least ten years' experience
39 in zoning, land use, code enforcement, or real estate transactions or litigation;
40 (3) No more than three ~special Mmaster s shall be appointed for service for any one-
41 year period.
42 (f) Term. A ~special Mmaster 's term of appointment shall be limited to one year. A ~special
43 Mmaster may be reappointed as provided for under subsection (d). If a ~special Mmaster is
44 unable to hear a case due to conflict of interest or any other reason, the case shall be assigned
45 to another ~special Mmaster.
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1 (g) Removal of S.special Mmaster. The Csity Csommission at its sole discretion may remove
2 a S.special Mmaster from office at any time.
3 (h) Compensation. A S.special Mmaster shall be compensated at a rate not to exceed one
4 hundred fifty dollars ($150.00) per hour for attendance at hearings and preparation of orders
5 of the S.special Mmaster.
6
7 Section 2. Chapter 2, Article III, titled BOARDS AND COMMITTEES, Sections 2-25
8 of the City of South Miami's Code of Ordinances, titled "Code enforcement procedures" is
9 hereby amended in pertinent part to read as follows:
10
11 Sec. 2-25. -Code enforcement procedures.
12 (a) Code enforeement offieeFs.
13 (1)Code enforeement offieeFs are eharged V;Hfl enforeing the oe6lfpationallieense,
14 allilding, zoning, sign, and other related eo des and ordinanees of the eity and all
15 ordi_ees of the eounty and statutes of the state that the sity is authorized to enforee.
16 Intent. It is the purpose of this Section to provide for code enforcement pursuant to the
17 authority granted to the City by Florida Statute. Ch. 162 concerning code enforcement
18 boards/Special Magistrates.
19 (2) f, "eode enforeement offieer" means any designated eHJilloyee or agent,
20 ineluffing, aut not limited to, eode inspeetors and polieo offieers, of the eity villose
21 duty it is to enforee the applieallle laws.
22
23 (b) Civil offenses. The violation of any applieaale law shall eonstitute a eivil offense
24 punishaele ay eivil penalty in the amolffit preseriaed in the sehedllle of fines ineladed
25 in this sestion. FailfIF6 to eorreet a violation, pay an administrative fee and fine, or
26 otheFW'ise eOFllflly V;Hfl lav.cful direetion ay the eo de enforeernent offieer or order of the
27 Sfleeial master may sOOjeet a violator and, or, property ovmer to sivil &stions taken in
28 the name of the Sfleeial master, apon approval ay the eity eomrnission, for, ineluding,
29 aut not limited to, deslaratory and iIljflllstive relief, order to aeate a IHIisanee, to take
30 eorrestive astion, to eOFllflel payment, to foreelose a lien on the property that is sOOjest
31 to the eitation or order, or to foreelose a lien on any personal or other real property of
32 the violator, er to take any other eivil aetion to eOFllflel eOFllfllianee. The eity is
33 anthorized to withhold the issaanee of any oS6lfpationallieense, land ase and
34 dO'.'elopment approvals, inelading, aut not limited to, zoning amendment, Sfleeial
35 exeOfltion, varianee, allilding permit, final inSflestion approval, and telllflorary or final
36 eertifieate of oe6flfJaney and ase lffitil the violation is eorrested. Definitions. The
37 following words, for the purpose of intemreting this Section, shall have the meaning
38 set forth opposite the word.
39 (1) "Code Enforcement Officer" means any designated employee or agent,
40 including, but not limited to, Code Enforcement Officers and police officers, of
41 the city whose duty it is to enforce the applicable laws.
42 (2) "Special Magistrate" shall also mean Special Master and the word Special
43 Master shall be used interchangeable with the word Special Magistrate"
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1 (3) "Special Master" shall mean the official who shall be designated by the City to
2 hold guasi-judicial hearings concerning violations of the City ordinances.
3 (4) "Citation" shall mean a notice issued by the Code Enforcement Officer to a
4 person who, in the opinion of the Code Enforcement Officer, has violated a
5 City ordinance.
6 j£) fa)flfAuthority of Code fienforcement Oefficers. Ceode .E;enforcement Oefficers are
7 charged with enforcing the City's non-criminal ordinances, including those concerning
8 occupationallicense~, building~, zoning, and sign~, and ether related eedes and
9 erElinanees efthe eity and all ordinances of the county and statutes of the state that the
10 Ceity is authorized to enforce civilly. Code Enforcement Officers, unless they are also
11 law enforcement officers, are not authorized to make arrests. A certified law
12 enforcement officer who issues a civil Citation in lieu of arrest for certain
13 misdemeanors, as authorized by City ordinance, and civil citation, shall, for the
14 purposes of this Section, be treated in the same manner as the issuance of a civil
15 citation by a Code Enforcement Officers who is not a certified law enforcement
16 officer.
17
18 @ -fbjCivil offenses. The violation of any Bjljllieable law Section of the City's ordinances,
19 unless otherwise provided in that Section, shall constitute a civil offense punishable by
20 civil penalty in the amount prescribed in the City's ~schedu1e of Fees and Ffines-
21 ineluded in this seetien. Failure to correct a violation, pay an administrative fee and
22 fme, or otherwise comply with lawful direction by the Ceode .E;enforcement Oefficer
23 or order of the ~special Mmaster may subject a violator and, or, property owner to
24 civil actions taken in the name of the ~special Mmaster or the City, upon approval by
25 the Ceity ~eomrnission, fer, including, but not limited to, those seeking a declaratory
26 judgment, ana injunctive relief, an order to abate a nuisance, to take corrective action,
27 to compel payment, to foreclose a lien on the property that is subject to the citation or
28 order of the Special Master, or to foreclose a lien on any personal or other real property
29 of the violator, or to take any other civil action to compel compliance. The Ceity is
30 authorized to withhold the issuance of any occupational license, land use and
31 development approvals, including, but not limited to, re-zoning, zoning amendment,
32 special exception, special use, variance, building permit, final inspection approval, and
33 temporary or final certificate of occupancy and use until the violation is corrected and
34 all fines and fees are paid and mitigation, if applicable, is accomplished.
35 ill {efCitations.
36 (I)A ~eode .E;enforcement Oefficer is authorized to issue a civil ~eitation to a
37 person when, based upon personal investigation, the officer has reasonable cause to
38 believe that the person has committed a civil violation of an applicable law.
39 (2)A Ceitation shall contain:
40 a.The date and time of issuance.
41 b. The name and address of the person to whom the Ceitation is issued.
42 c.The date and time the violation was committed.
43 d. The facts constituting reasonable cause to believe a violation has occurred.
44 e. The section or paragraph of the applicable law violated.
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f. The name and autherity of the Ceode Eenforcement Oefficer and a reference
to this Section as hislher authority.
g. The preeedure fer the persen te fellew in erder A description of what is
needed to correct the violation and how to request in writing a compliance
inspection by the Ceode Eenforcement Oefficer.
h .. The procedure fer the persen te fellew in erder to pay the civil penalty er-t&-
eeBtest the eitatien.
i .. lfthe applicable fine is less than $250 per day, a-A statement that if the
-tfi<KliiatHm a penalty of up
to two hundred fifty dollars ($250) per day for the first offence and five
hundred dollars ($500.00) per day for a repeat offense may be imposed upen a
determinatien that a vielatien 'NaS eemmitted. for each day that the violation
has occurred, and if correctable, for each day it is uncorrected and that if the
L . The
amount of the applicable fine if the violation is not corrected within the time
allowed.
k. Whether the civil penalty is a one time fine and or daily continuing fine.
:~: :::::::~~==
waived his er her right te eeBtest the eitatien and that a liea may be reeerded
against the preperty and the eitatien may be enfereed by initiating an
enfereemeBt aetien in eelffity eeurt.
(3)Continuing fines may be imposed for those violations which remain uncorrected
beyond the prescribed time period for correction as set forth ineluded in the civil
Citation or in the order of the Special MasteriHfraetien netiee. For each day of
continued violation after the time period for correction has run, an additional
penalty in the same amount as the fme for the original violation shall be added.
(4)In eases efarepeat vielatien, er if the eede eafereemeBt effiser has reasente
belie>/e that the vielatien preseats a serieas threat te the pHblie health, safety er
welfare, er if the vielatien is irreparable er irreversible, the sede enfereemeBt
effieer dees net have te pre vide the persen with a reasenable time peried te eerreet
the vielatien prier te issuing a sitatien, and may immediately issue a eitatien and
require immediate eerreetive aetien.
will At "repeat vielatien" means a vielatien efthe same law at the same address
by a persen, er by semeene in eeBtraetual privity with the persen, er by a meraber
eftae persen's immediate faraily, sush as the persen's mether, father, brether,
sister, sen, daughter, er ay semeene residing with the persen, within the past five
year&.-
"Repeat violation" means a violation of a provision of an ordinance by a person
who has been previously found by the Special Master to have violated or who has
admitted violating the same provision within 5 years prior to the violation,
notwithstanding the violations occur at different locations or as may defined in
Chapter 162.
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1
2 t61-illIn cases where a violation presents a serious threat to the public health, safety
3 or welfare, the Ceode Eenforcement Oefficer may also request a special meeting of
4 the .s.special Mmaster and the Ceity Mmanager for the purposes of correcting the
5 violation by, among other things, providing oversight of the corrective action by the
6 violator or property owner, undertaking corrective action by the ~eity in response to
7 the violation, and authorizing legal action against the violator and, or, property
8 owner.
9 (6) If a repeat violation is found, the Code Enforcement Officer shall notify the
10 violator but is not required to give the violator a reasonable time to correct the
11 violation. The Code Enforcement Officer, upon notifying the violator of a repeat
12 violation, shall notify the Special Master and request a hearing. The Special Master,
13 through its clerical staff, shall schedule a hearing and shall provide notice pursuant
14 to s. 162.12. The case may be presented to the Special Master even if the repeat
15 violation has been corrected prior to the hearing, and the notice shall so state. If the
16 repeat violation has been corrected, the Special Master retains the right to schedule
17 a hearing to determine costs and impose the payment of reasonable enforcement
18 fees upon the repeat violator. The repeat violator may choose to waive his or her
19 rights to this hearing and pay said costs as determined by the Special Master.
20 (7) If the Code Enforcement Officer has reason to believe a violation or the
21 condition causing the violation presents a serious threat to the public health, safety,
22 and welfare or if the violation is irreparable or irreversible in nature, the Code
23 Enforcement Officer shall make a reasonable effort to notify the violator and may
24 immediately notify the Special Master and request a hearing.
25 ill {d)Notice of civil infraction. Prier te issuing a CeitatieR, Ithe Ceode Eenforcement
26 Oefficer shall gi¥6 issue a civil iRffaetieR Retise Citation as a sellrtesy to the person
27 who has violated that a yielatieR sf an applicable law has aeeR eefl'll.'Rittea aaaLshall
28 issue the applicable fine for the violation and, if the violation is correctable, establish a
29 reasonable time period within which the person must correct the violation. If the
30 violation concerns. real property and if\\,here the violator is not the owner ofthe real
31 property on which the violation occurs, the Ceode Eenforcement Oefficer may also
32 give notice to the owner or to the owner's agent or representative. The time period to
33 correct the violation shall not exceed 30 days. If, upon personal investigation, a ~eode
34 Eenforcement Oefficer finds that the person has not corrected the violation within the
35 time period specified in the civil iRffaetiea Retiee Citation, or the time specified in an
36 order of the Special Master, or has failed to pay the initial fine, the Ceode
37 Eenforcement Oefficer shall proceed with enforcement proceedings. issue a eitatieR te
38 the perseR 'line has eemmittea the yielatieR, aOO may issue a CeitatieR ef the eVI'Iler ef
39 the real preperty, er te the eWRer's ageRt er r6flreseRtative.
40 (g} fejCriminal penalty for willful refusal to sign and accept Ceitation Any person who
41 willfully refuses to sign and accept a Ceitation shall be guilty of a misdemeanor of the
42 second degree, punishable as provided in section 775.082 or section 775.083, Florida
43 Statutes.
44
45 (1) A yielatsr whs has aeeR sefYea with a eiyil CeitatisR shall eleet ts either:
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a. Pay the eivil penalty in the manner inEiieateEi en the Ceitatien and to
immeEiiately sorreet the violation; or
EieterrrHRation of the QeoEie l:::;enforeement Qeffieer whish resulteEi in the
reqttsst with the eode enforeement Eiivision of the lmilEiing Eiepartment, iEientifYing
the Ceitation ey the Ceitationlllll1leer or ey the aEidress inEiieateEi on the Ceitation,
ne later than 20 days after the servise of the Ceitation.
of the Sspeeial }.4master. A notise of hearing vrill ee maileEi ey eertifieEi mail to
the aUegeEi violator's last known aEidress anEi, or, to the aEidress of the property
O'Nner that appears on the tal[ reeorEis.
16 ® fg1Hearings before Sspecial Mmaster.
17 (l) All hearings before the Sspecial Mmaster shall be conducted as quasi -judicial
18 hearings. All witnesses shall be sworn to tell the truth under penalty of perjury~and
19 the testimony shall be recorded. The Special Masters hall take testimony from the
20 Code Enforcement Officer and alleged violator as well as any other witness
21 presented by either party. Although the Florida Rules of Evidence shall not be
22 applied to the proceedings strictly, due process and fundamental fairness shall be
23 accorded to all alleged violators. Hearsay testimony may be considered to give
24 weight or credibility to other evidence, but no order shall be entered based solely
25 on hearsay testimony.
26 (2) tIhe Sspecial Mmaster shall determine whether:
27 a. The person and, or, the property owner were properly served with the civil
28 Ccitation and notice of hearing.
29 b. The Ccitation adequately identifies facts constituting reasonable cause and
30 the section or paragraph of the applicable law violated.
31 c. The .s.special Mmaster shall consider all the evidence presented during the
32 hearing.
33 (3) The record shall consist of the code enforcement file, the testimony of the
34 Ccode Eenforcement Oofficer who issued the civil ~citation and any other
35 evidence accepted by the .s.special Mmaster.
36 (4) The .s.special Mmaster shall base its determination on substantial, competent
37 evidence in the record and shall issue an order sontaining a statement of faets,
38 eonekisions oflaw anEi orEier. The orEier may affH'ffi in whele or in part, or re'<,erse,
39 the eharge ofviolatien, affirm or moEiify inerease the fine levieEi in the tieket
40 Citation, Eiireet aEiEiitional eorreetive aerion ey the violater and, or, preperty owner,
41 ifreqttest eorreetive aetion has eeen Ilerformed ey the Ceity, insluEie the eost of
42 repairs ineurreEi, or that might ae ineurred ey the Ceity, in eorreeting the violation,
43 reqttest the initiation ofenforsement proeeeEiings anEi take any ether aetion
44 eonsistent with the powers of the Sspeeial }.fmaster.
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(5) An audio tape and written minutes summarizing the actions of the Sspecial
Mmaster shall be made.
(6) Each case before the Special Master shall be presented by the City Attorney or
by a member of the administrative staff of the City. Ifthe City prevails in
prosecuting a case before the Special Master, it shall be entitled to recover all costs
incurred in prosecuting the case before the Special Master and such costs may be
included in the lien authorized under s. 162.09(3).
(7)The Special Master shall proceed to hear the cases on the agenda for that day.
ill At the conclusion of the hearing, the Special Master shall issue findings of fact,
based on evidence of record and conclusions of law, and shall issue an order
affording the proper relief consistent with powers granted herein including the
leVYing of a fme and administrative costs. If the violation has not been corrected
by the time of the hearing, the order shall include a notice that it must be complied
with by a specified date and that an additional fine shall be imposed for every day
thereafter that the violation has not been corrected. If the order is not complied
with by said date and if the City incurs costs to correct the violation as authorized
by law, then under the conditions specified in s. 162.09(1), Florida Statutes, the
cost shall be included along with the fine. A certified copy of each and every order
that issuee fines, fees and/or costs may be recorded in the public records of Miami-
Dade County and shall constitute notice to any subsequent purchasers, successors
in interest, or assigns if the violation concerns real property, and the fmdings
therein shall be binding upon the violator and, if the violation concerns real
property, any subsequent purchasers, successors in interest, or assigns. If an order
is recorded in the public records pursuant to this subsection and the order is
complied with by the date specified in the order, the Special Master shall issue an
order acknowledging compliance that shall be recorded in the public records upon
the payment of the recording fees by the violator. A hearing is not required to issue
such an order acknowledging compliance.
30 (ll) Enforeement 9f9rders and liens.
31 (1) At any time, the gSfleeiad ~'lmaster, llj'lOIl its ovm, at the Elireetioll of the sity
32 eOl1llmssioilCeity Ceommissioll, or llj'l01l request of any j'lersoll, may Elireet the
33 enforeemellt of its erElers, anEl resj'looo to a seriolls threat to the j'loolie health,
34 safety or welfare.
35 (2) In any aetioll to enforee an orEler of the SSfleeiad ~'lmaster or foreelose a liell,
36 the j'lre'failillg j'larty shadl be emitleEl to an erEler agaillst the other j'larty awarElillg its
37 reasonable attorney's fees incurred in all stages of the proceeding, and costs.
38 (i) Liens; prierity' andforeelesure efliens.
39 (1) l\ eertifieEl SOj'ly of an orEler illlflosillg a fine may be reeorEleEl ill the j'loolie
40 reeorEls of the eolffity anEl shadl, llj'l01l reeordillg, eOllstitate a liOB agaillSt the lanEl Oil
41 '.vhieh the violatioll eldsts anElllj'lOIl any other read or j'lersonai j'lroj'lerty ov,neEl by
42 the violator.
43
44
(2) LieRS shadl be OBforeeEl by forsslosllfe ill eir611it eo\lft anEl sabjeet to the
j'lfOyisiolls eomained ill sabseetioll 162.09(3), FloriEla gtatates, as arBOBEleEl;
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flfsviaea, hsws'fef, that the lien shall have the same flrisfity, effeet ana ElHratisR as
a Sflseial assessment lien. LieRs shall haye a EffiratisR sf 20 years.
Enforcement P.e:[\ll~fJ:E~
(1) It shall be the duty of the Code Enforcement Officer to initiate enforcement
proceedings of the various codes.
(2) Except as provided in subsections (3) and (4) below, if a violation of the codes is
found, the Code Enforcement Officer shall serve the violator with a civil Citation
and give the violator a reasonable time to correct the violation. Should the
violation continue beyond the time specified for correction, the Code
Enforcement Officer shall notifY the Special Master and request a hearing. The
Special Master, through its staff or that of the City's Code Enforcement Division,
shall schedule a hearing, and written notice of such hearing shall be hand
delivered or mailed as provided in s. 162.12 to said violator. At the option of the
Special Master or City's Code Enforcement Division, notice may additionally be
served by publication or posting as provided in s. 162.12. Ifthe violation is
corrected and then recurs or if the violation is not corrected by the time specified
for correction by the Code Enforcement Officer, the case may be presented to the
Special Master even if the violation has been corrected prior to the hearing, and
the notice shall so state.
(3) If a repeat violation is found, the Code Enforcement Officer shall notifY the
violator but is not required to give the violator a reasonable time to correct the
violation. The Code Enforcement Officer, upon notifYing the violator of a repeat
violation, shall notifY the Special Master and request a hearing. The Special
Master, through its staff or that of the City's Code Enforcement Division, shall
schedule a hearing and shall provide notice pursuant to s. 162.12. The case may
be presented to the Special Master even if the repeat violation has been corrected
prior to the board hearing, and the notice shall so state. If the repeat violation has
been corrected, the Special Master, through its staff or that of the City's Code
Enforcement Division, shall schedule a hearing to determine costs and impose the
payment of reasonable enforcement fees upon the repeat violator. A written
notice of such hearing shall be hand delivered or mailed as provided in s. 162.12
to said violator The repeat violator may choose to waive his or her rights to this
hearing and pay said costs as determined by the Special Master.
(4) If the Code Enforcement Officer has reason to believe a violation or the condition
causing the violation presents a serious threat to the public health, safety, and
welfare or if the violation is irreparable or irreversible in nature, the Code
Enforcement Officer shall make a reasonable effort to notifY the violator and may
immediately notify the Special Master and request a hearing.
(5) If the owner ofpropertv, that is subject to an enforcement proceeding before the
Special Master, transfers ownership of such property between the time the initial
notice of violation was served and the time of the hearing, such owner shall:
1. Disclose, in writing, the existence and the nature of the proceeding to the
prospective transferee.
11. Deliver to the prospective transferee a copy ofthe notice of violation,
notice of hearing as well as any other notices and other materials relating
Page 9 of 16
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to the code enforcement proceeding received by the transferor.
111. Disclose, in writing, to the prospective transferee that the new owner will
be responsible for compliance with the applicable code and with orders
issued in the code enforcement proceeding.
IV. File a notice with the City's code enforcement office of the transfer of the
property, with the identity and address of the new owner and copies of the
disclosures made to the new owner, within 5 days after the date of the
transfer.
v. A failure to make the disclosures described in paragraphs (it (ii), and (iii)
before the transfer creates a rebuttable presumption of fraud pursuant to
Floirda Statue, Ch. 162. If the property is transferred before the hearing,
the proceeding shall not be dismissed, but the new owner shall be
provided a reasonable period of time to correct the violation before the
hearing is held.
ill Appeals. AA a§§rievee party, inclueiA§ the violator, property oWAer, local §ovemin§ boey,
aAe property OlJJAeFS aAe tenants '.'lithiA ~QQ feet of the property that is subject to an oreer
of violatioA by the special master, may appeal the fiAal oreer to the circuit court. IA the
case of property OWAers aAe tenants, they shall have stanein§ to appeal to the circuit
court oAly if they appearee at the hearin§ before the special master aAe preseAtoe
e'lieeACe iA substaAtial opposition to the final oreer of the special master. The appeal
shall AOt be a heariA§ ee novo but shall be limitee to appellate review of the recore. An
appeal shallee filee lJJithiA ~Q eays of reneitioA of the oreer.
(DElection to pay fine.
(1) A violator who has been served with a civil Citation -may elect to pay the civil
penalty in the manner indicated on the Citation and, if the violation is
correctable, to immediately correct the violation; or
(2) If the violator fails to timely pay the fine, and/or if the violation is correctable
and the violator fails to correct the violation within the time provided for in the
Citation or the order of the Special Master, the Code Enforcement Officer shall
request a hearing before the Special Master. If the Special Master finds that the
violation has occurred, the Special Master shall not have authority to reduce the
initial fme, as provided by the City's Schedule of Fees and Fines, for the
violation in question but may increase the fine to the maximum fme allowed.
38 au Administrative fines; costs of repair; ~.!I.
39 (1) A Special Master, upon notification by the Code Enforcement Officer that an
40 order of the Special Master has not been complied with by the set time by the Special
41 Master or upon finding that a repeat violation has been committed, may order the
42 violator to pay a fme in an amount specified in this section for each day the violation
43 continues past the date set by the Special Master for compliance or, in the case of a
44 repeat violation, for each day the repeat violation continues, beginning with the date
45 the repeat violation is found to have occurred by the Code Enforcement Officer. In
46 addition, if the violation is a violation described in s. 162.06(4), the Special Master
Page 10 of16
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shall notify the City, which may make all reasonable repairs which are required to
bring the property into compliance and charge the violator with the reasonable cost of
the repairs along with the fine imposed pursuant to this section. Making such repairs
does not create a continuing obligation on the part of the City to make further repairs
or to maintain the property and does not create any liability against the City for any
damages to the property if such repairs were completed in good faith. If a finding of a
violation or a repeat violation has been made as provided in this part, a hearing shall
not be necessary for issuance of the order imposing the fine. If, after due notice and
hearing, the Special Master finds a violation to be irreparable or irreversible in nature,
it may order the violator to pay a fine as specified in paragraph (2)(a).
(2) Fines
(a) A fine imposed pursuant to this section shall not exceed $250 per day for
a first violation and shall not exceed $500 per day for a repeat violation, and, in
addition, may include all costs of repairs pursuant to subsection (1). However,
if the Special Master finds the violation to be irreparable or irreversible in
nature, it may impose a fine not to exceed $5,000 per violation.
(b) In determining the amount of the fine, the Special Master shall consider
the following factors:
1. The gravity of the violation;
2. Any actions taken by the violator to correct the violation; and
3. Any previous violations committed by the violator.
(c) The Special Master may reduce a fine imposed pursuant to this section.
(d) In addition to such fines, the Special Master may impose additional fines
to cover all costs incurred by the City in enforcing its codes and all costs of
repairs pursuant to subsection
(3) A certified copy of an order imposing a fine, or a fine plus repair costs, may be
recorded in the public records and thereafter shall constitute a lien against the land on
which the violation exists and upon any other real or personal property owned by the
violator. Upon petition to the circuit court, such order shall be enforceable in the same
manner as a court judgment by the sheriffs of this state, including execution and levy
against the personal property of the violator, but such order shall not be deemed to be a
court judgment except for enforcement purposes. A fme imposed pursuant to this part
shall continue to accrue until the violator comes into compliance or until judgment is
rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising
from a fme imposed pursuant to this section runs in favor of the City, and the City may
execute a satisfaction or release of lien entered pursuant to this section. After 3 months
from the filing of any such lien which remains unpaid, the Special Master may
authorize the City attorney to foreclose on the lien or to sue to recover a money
judgment for the amount of the lien plus accrued interest. No lien created pursuant to
the provisions of this part may be foreclosed on real property which is a homestead
under s. 4, Art. X of the State Constitution. The money judgment provisions of this
section shall not apply to real property or personal property which is covered under s.
4(a), Art. X of the State Constitution.
Page 11 of 16
1 ill In an action to foreclose on a lien or for a money judgment, the prevailing party is
2 entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the
3 action. The City shall be entitled to collect all costs incurred in recording and
4 satisfying a valid lien. The continuation of the lien effected by the commencement of
5 the action shall not be good against creditors or subsequent purchasers for valuable
6 consideration without notice, unless a notice oflis pendens is recorded.
7
8 (m) Appeals.-Pursunt to s. 162.11, Florida Statutes, an aggrieved party, including the
9 City, may appeal a final administrative order of an enforcement board to the circuit
10 court. Such an appeal shall not be a hearing de novo but shall be limited to appellate
11 review of the record created before the enforcement board. An appeal shall be filed
12 within 30 days of the execution of the order to be appealed.
13
14
15 (I) fkt-Notices. l'!etiees shall be previEleEl in the ffiffilIler ffiltherizseEl by seetieH 162.12, FleriEla
16 Statutes, as ameHEleEl, eHtitleEl "l'!etiees. "
17 (1) Pursunt to s. 162.12, Florida Statutes, all notices required by this part must be provided
18 to the alleged violator by:
19 (a) Certified mail, and at the option of the local government return receipt requested, to the
20 address listed in the tax collector's office for tax notices or to the address listed in the county
21 property appraiser's database. The local government may also provide an additional notice to
22 any other address it may find for the property owner. For property owned by a comoration,
23 notices may be provided by certified mail to the registered agent of the corporation. If any
24 notice sent by certified mail is not signed as received within 30 days after the postmarked date
25 of mailing, notice may be provided by posting as described in subparagraphs (2)(b)1. and 2.;
26 (b) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other
27 person designated by the local governing body;
28 (c) Leaving the notice at the violator's usual place of residence with any person residing
29 therein who is above 15 years of age and informing such person of the contents of the notice;
30 or
31 (d) In the case of commercial premises, leaving the notice with the manager or other person
32 in charge.
33 (2) In addition to providing notice as set forth in subsection (1), at the option of the code
34 enforcement board or the local government, notice may be served by publication or posting, as
35 follows:
36 (a)l. Such notice shall be published once during each week for 4 consecutive weeks (four
37 publications being sufficient) in a newspaper of general circulation in the county where the
38 code enforcement board is located. The newspaper shall meet such requirements as are
39 prescribed under chapter 50 for legal and official advertisements.
40 2. Proof of publication shall be made as provided in ss. 50.041 and 50.051.
41 (b)l. In lieu of publication as described in paragraph (a), such notice may be posted at least
42 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice,
43 in at least two locations, one of which shall be the property upon which the violation is alleged
44 to exist and the other of which shall be, in the case of municipalities, at the primary municipal
Page 12 of16
1 government office, and in the case of counties, at the front door of the conrthouse or the main
2 county governmental center in said county.
3 2. Proof of posting shall be by affidavit of the person posting the notice, which affidavit
4 shall include a copy of the notice posted and the date and places of its posting.
5 (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or
6 attempts to provide notice by hand delivery or by mail as required under subsection (1).
7 (3) Evidence that an attempt has been made to hand deliver or mail notice as provided in
8 subsection (1), together with proof of publication or posting as provided in subsection (2),
9 shall be sufficient to show that the notice requirements of this part have been met, without
10 regard to whether or not the alleged violator actually received such notice.
11
12 {mHB Schedule of fines. Fines shall be imposed for violations of applicable laws as provided
13 in the City'S Schedule of Fees and Fines. A fine shall not exceed $250.00 per day for a first
14 violation and shall not exceed $500.00 per day for a repeat violation, aIld, in addition, may
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17 Jl.4master and in proseeuting orders entered ey the Sspeeial Jl.4master. In the event the ,S,special
18 Mmaster finds that a violation presents a serious threat to the public health, safety or welfare,
19 or the violation is irreparable or irreversible in nature, it may impose a fme not to exceed
20 $5,000.00 for each violation.
i First " IA "'" •
~ ~L"fl (10
!Overgrown lots
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~l1egal signs
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l0ther violations of eEtUP/alent grlwity
iG'llSS 11 r--'-U
AA 'AA
IOeeupationallieense
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IAeandoned,1jllilked vehieles
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fHash
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IGareage
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r
IComrnereial vehieles in RS zoning distriet
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:Other violations of 6CfHivalent gfavity
.... . .....
;bfasslll h"" "" '0, "" '"'' ""
1
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JovergfOvm vasant lots
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1Noise I
1 ,
:Row oBstrnetions ,
pthef violations of 6CfHivalent gFavity
-~" -. ------.. ---------.---------... -------_ .. ----.. _------------. ----,,-----....•••........ ~ ... -_."------.. --..
Ibfass IV: 11'1"" "" "'''~" ")" flr
! r . , ,
Friangle ohisiBility
ll,1aeant, llfIseemea. Buila.ing ,
i0thef FBC violations
!zoning violationslillegalllflits
j
IConstrnetion woFk '.vi-thom jlefHlits
J
:Oth& violations of equivalent gFavity
i
1. ................ .. _--._-----------------._--------_ .. _--... ... .. _._---------_ . . ...............................
IGlass v: l<:" "" '"'' "" '"'' "" ,
I
~eat to jluBlie health, safety ana. welfaFe
!
~H8jlaFal3le Of iHeV&siBie violations
j
l0th& violations of eCj'Hivalent gFavity
t
1
2 8ehedule efei';ilpeH6ities
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"~+,, " ,., ~ {\{\ ."
" 10. -, <!O,.,~{\ {\{\ ~ _cc_
'''{\{\ {\{\ ~l, . ..1-" . ~1
cc_
Gede ,+" • n; ;1
-0
1
2 (m) In determining the de"liatien, if any, :!fern the sehedaled fine, the SSflesial JI.'lmaster shall
3 sensider the fellewing festers:
4 (1) The gravity efthe vielatien.
5 (2) Astiens taken by the vielater te serreet the vielatien.
6 (3) PrevieHs vielatiens eemmitted by the vielater.
7 (4) The benefit reeeived by the vielater :!fern the vielatien.
8 (5) The vielater's ability te flay.
9 (6) The deterrent effest te be aehie'/sd by the fine.
10
11 Section 3. Codification. The significant provisions of this ordinance shall become and
12 be made part of the Code of Ordinances of the City of South Miami as amended; that the sections
13 of this ordinance may be renumbered or re-1ettered to accomplish such intention; and that the
14 word "ordinance" may be changed to "section" or other appropriate word.
15
16 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is
17 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
18 shall not affect the validity of the remaining portions of this ordinance.
19
20 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
21 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
22
23 Section 6. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this day of _____ , 2015.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
Page 15 of16
APPROVED:
MAYOR
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READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
Sec. 2-24. -Special master.
(a) Pursuant to the constitutional home rule powers granted to municipalities by the Florida constitution,
and F.S. ch. 166 and § 162.22, the city creates the position of special master for the city to enforce
the occupational license,. building, zoning, sign, and other related codes and ordinances of the city
and all ordinances of Miami-Dade County and statutes of the state that the city is authorized to
enforce.
(b) All procedure and conduct of hearing shall be as provided in section 2-25 of this Code. The city
attorney shall serve as counsel to the city in the defense of appeals to and enforcement actions
before the special master if the accused violator is represented by legal counsel, otherwise the head
of the code enforcement division, or his or her designee, shall present the city's case in all actions
before the special master. The city attorney shall have the power, upon approval by the city
commission, to initiate civil actions for declaratory and injunctive relief, and orders to compel, and to
commence any other action to enforce civil fines, correction orders and orders of the special master.
The city manager shall have the power to compromise and settle fines and penalties.
(c) The special master shall have the powers to:
(1) Adopt by-laws and rules of procedure.
(2) Hear de novo appeals by alleged violators from civil citations; affirm in whole or in part, 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.
(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 special master and to enforce compliance with citations and orders of the special master.
(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) Take any action that is necessary to effectuate the powers of the special master consistent with
the intent of sections 2-24 and 2-25.
(11) Compromise and settle fines and penalties, concurrent with the city manager.
(d) Appointment of a special master upon recommendation of the city manager with a majority vote from
the city commission who will appoint a designated person for this particular position and who shall be
authorized to hold hearings, impose, uphold and/or mitigate fines, liens, and other non criminal
penalties against violators of city and/or county codes and ordinances.
(e) Qualifications for special master:
(1) Be a retired state judge; or
(2) A member in good standing of the Florida Bar, with at least ten year's experience in zoning,
land use, code enforcement, or real estate transactions or litigation;
(3) No more than three special masters shall be appointed for service for anyone-year period.
(f) Term. A special master's term of appointment shall be limited to one year. A special master may be
reappointed as provided for under subsection (d). If a special master is unable to hear a case due to
conflict of interest or any other reason, the case shall be assigned to another special master.
Page 1
(g) Removal of special master. The city commission at its sole discretion may remove a special master
from office at any time.
(h) Compensation. A special master shall be compensated at a rate not to exceed one hundred fifty
dollars ($150.00) per hour for attendance at hearings and preparation of orders of the special
master.
(Ord. No. 1280, § 2, 8-4-87; Ord. No. 1687, § 1,6-8-99; Ord. No. 1790, § 1,3-18-03; Ord. No.
2183, § 1,4-1-14)
Sec. 2-25. -Code enforcement procedures.
(a) Code enforcement officers.
(1) Code enforcement officers are charged with enforcing the occupational license, building,
zoning, sign, and other related codes and ordinances of the city and all ordinances of the county
and statutes of the state that the city is authorized to enforce.
(2) A "code enforcement officer" means any designated employee or agent, including, but not
limited to, code inspectors and police officers, of the city whose duty it is to enforce the
applicable laws.
(b) Civil offenses. The violation of any applicable law shall constitute a civil offense punishable by civil
penalty in the amount prescribed in the schedule of fines included in this section. Failure to correct a
violation, pay an administrative fee and fine, or otherwise comply with lawful direction by the code
enforcement officer or order of the special master may subject a violator and, or, property owner to
civil actions taken in the name of the special master, upon approval by the city commission, for,
including, but not limited to, declaratory and injunctive relief, order to abate a nuisance, to take
corrective action, to compel payment, to foreclose a lien on the property that is subject to the citation
or order, or to foreclose a lien on any 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:
a. The date and time of issuance.
b. The name and address of the person to whom the citation is issued.
c. The date and time the violation was committed.
d. The facts constituting reasonable cause.
e. The section or paragraph of the applicable law violate~.
f. The name and authority of the code enforcement officer.
g. The procedure for the person to follow in order to correct the violation and to request in
writing a compliance inspection by the code enforcement officer.
h. The procedure for the person to follow in order to pay the civil penalty or to contest the
citation.
Page 2
i. A statement that if the person elects to appeal the citation a penalty of up to five hundred
dollars ($500.00) per day may be imposed upon a determination that a violation was
committed.
j. The applicable civil penalty if the person elects not to appeal the citation.
k. Whether the civil penalty is a one time fine and or daily continuing fine.
I. A statement that if the person fails to pay the civil penalty within the time allowed, or fails to
appeal the citation, the person shall be deemed to have waived his or her right to contest
the citation and that a lien may be recorded against the property and the citation may be
enforced by initiating an enforcement action in county court.
(3) Continuing fines may be imposed for those violations which remain uncorrected beyond the
prescribed time period for correction included in the civil infraction notice. For each day of
continued violation after the time period for correction has run, an additional penalty in the same
amount as the fine for the original 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, safety or welfare, or if the violation is
irreparable or irreversible, the code enforcement officer does not have to provide the person
with a reasonable time period to correct the violation prior to issuing a citation, and may
immediately issue a citation and require immediate corrective action.
(5) A "repeat violation" means a violation of the same law at the same address by a person, or by
someone in contractual privity with the person, or by a member of the person's immediate
family, such as the person's mother, father, brother, sister, son, daughter, or by someone
residing with the person, within the past five years.
(6) In cases where a violation presents a serious threat to the public health, safety or welfare, the
code enforcement officer may also request a special meeting of the special master and the city
manager for the purposes correcting the violation by, among other things, providing oversight of
the corrective action by the violator or property owner, undertaking corrective action by the city
in response to the violation, and authorizing legal action against the violator and, or, property
owner.
(d) Notice of civil infraction. Prior to issuing a citation, the code enforcement officer shall give a civil
infraction notice as a courtesy to the person that a violation of an applicable law has been committed
and shall establish a reasonable 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 to the owner or to the owner's agent or representative. The
time period to correct the violation shall not exceed 30 days. If, upon personal investigation, a code
enforcement officer finds that the person has not corrected the violation within the time period
specified in the civil infraction notice, the code enforcement officer shall issue a citation to the person
who has committed the violation, and may issue a citation of the owner of the real property, or to the
owner's agent or representative.
(e) Criminal penalty for willful refusal to sign and accept citation. Any person who willfully refuses to sign
and accept a citation shall be guilty of a misdemeanor of the second degree, punishable as provided
in section 775082 or section 775.083, Florida Statutes.
(I) Appeals to special master
(1) A violator who has been served with a civil citation shall elect to either:
a. Pay the civil penalty in the manner indicated on the citation and to immediately correct the
violation; or
b. Request a hearing before the special master to appeal the determination of the code
enforcement officer which resulted in the issuance of the civil citation.
Page 3
(2) An appeal to the special master shall be accomplished by filing a written request with the code
enforcement division of the building department, identifying the citation by the citation number or
by the address indicated on the citation, no later than 20 days after the service of the citation.
(3) Upon receipt of a timely request for a hearing, the code enforcement division will schedule the
appeal on the agenda for the next regularly scheduled meeting of the special master. A notice
of hearing will bemailedbycertifiedmailtotheallegedviolator.slastknownaddressand.or.to
the address of the property owner that appears on the tax records.
(g) Hearings before special master.
(1) All hearings before the special master shall be conducted as quasi-judicial hearings. All
witnesses shall be sworn to tell the truth under penalty of perjury. Although the Florida Rules of
Evidence shall not be applied to the proceedings strictly, due process and fundamental fairness
shall be accorded to all alleged violators. Hearsay testimony may be considered to give weight
or credibility to other evidence, but no order shall be entered based solely on hearsay
testimony.
(2) In determining appeals, the special master shall determine whether:
a. The person and, or, the property owner were properly served with the civil citation and
notice of hearing.
b. The citation adequately identifies facts constituting reasonable cause and the section or
paragraph of the applicable law violated.
c. The special master shall consider all the evidence presented during the hearing.
(3) The record shall consist of the code enforcement file, the testimony of the code enforcement
officer who issued the civil citation and any other evidence accepted by the special masteL
(4) The special master shall base its determination on substantial, competent evidence in the
record and shall issue an order containing a statement of facts, conclusions of law and order.
The order may affirm in whole or in part, or reverse, the charge of violation, affirm or modify the
fine levied in the ticket, direct additional corrective action by the violator and, or, property owner,
request corrective action by the city, include the cost of repairs incurred, or that might be
incurred by the city, in correcting the violation, request the initiation of enforcement proceedings
and take any other action consistent with the powers of the special masteL
(5) An audio tape and written minutes summarizing the actions of the special master shall be made.
(h) Enforcement of orders and liens.
(1) At any time, the special master, upon its own, at the direction of the city commission, or upon
request of any person, may direct the enforcement of its orders, and respond to a serious threat
to the public health, safety or welfare.
(2) In any action to enforce an order of the special master or foreclose a lien, the prevailing party
shall be entitled to an order against the other party awarding its reasonable attorney's fees
incurred in all stages of the proceeding, and costs.
(i) Liens; priority and foreclosure of liens.
(1) A certified copy of an order imposing a fine may be recorded in the public records of the county
and shall, upon recording, constitute a lien against the land on which the violation exists and
upon any other real or personal property owned by the violator.
(2) Liens shall be enforced by foreclosure in circuit court and subject to the provisions contained in
subsection 162.09(3), Florida Statutes, as amended; provided, however, that the lien shall have
the same priority, effect and duration as a special assessment lien. Liens shall have a duration
of 20 years.
Ul Appeals. An aggrieved party, including the violator, property owner, local governing body, and
property owners and tenants within 300 feet of the property that is subject to an order of violation by
Page 4
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the special master, may appeal the final order to the circuit court. In the case of property owners and
tenants, they shall have standing to appeal to the circuit court only if they appeared at the hearing
before the special master and presented evidence in substantial opposition to the final order of the
special master. The appeal shall not be a hearing de novo but shall be limited to appellate review of
the record. An appeal shall be filed within 30 days of rendition of the order.
(k) Notices. Notices shall be provided in the manner authorized by section 162.12, Florida Statutes, as
amended, entitled "Notices."
(I) Schedule of fines. Fines shall be imposed for violations of applicable laws as provided below. A fine
shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a
repeat violation, and, in addition, may include all costs of oversight of repairs, costs of repairs, and
costs, including reasonable attorneys fees, incurred at all stages of proceedings defending appeals
before the special master and in prosecuting orders entered by the special master. In the event the
special master finds that a violation presents a serious threat to the public health, safety or welfare,
or the violation is irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00
for each violation.
First Second Additional
offense offense offenses
Class I $150.00 $300.00 $500.00
" · Overgrown lots ,
· Illegal signs i
• ! ,
Other violations of equivalent gravity , ,
I Class II 200.00 400.00 500.00
i ,
Occupational license
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I Abandoned/junked vehicles , ,
L
I Trash
! Garbage
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Animals
Commercial vehicles in RS zoning district
! Other violations of equivalent gravity
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; Code i Section
Class III 200.00
Overgrown vacant lots
Noise
Row obstructions
Other violations of equivalent gravity
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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
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Class V 350.00
Threat to public health, safety and welfare
Irreparable or irreversible violations
Other violations of equivalent gravity
Schedule of civil penalties
Description of Violation
325.00 500.00
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450.00 500.00
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500.00 500.00
Civil Penalty
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Violation of the Dangerous Intersection Safety Regulations
$125.00 first offense
$250.00 second offense
$500.00 each additional offense
(m) In determining the deviation, if any, from the scheduled fine, the special master 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.
(Ord. No. 1687, § 2, 6-8-99; Ord. No. 1765, § 1,11-20-01; Ord. No. 1788, § 1,3-4-03; Ord. No.
1790, § 2, 3-18-03; Ord. No. 1987, § 3,11-6-08)
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