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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 aud 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, THEID;FORE; 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 § 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 !::eity and all ordinances of Miami-Dade County and statutes of the
40 state that the Ceity is authorized to enforce, unless an alternative enforcement method is
41 designated by an ordinance.
42 (b) All procedure and conduct of hearing!! shall be as provided in .s.section 2-25 of this Code.
43 The !::eity Aattorney 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 Ceity's case in all actions before the .s.special Mmaster. The
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1 Ceity -.Aattomey shall have the power, upon approval by the ~eity Ceommission, 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 .s.special Mmaster. The ~eity 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) A4ept By laws 8114 rules efpreeeffilre.Adopt rules for the conduct of its W~hliftf:fjin.
8 (2) Hear 4e Reve appeals By allege4 vielaters trem eivil eitatieRs; affiFffi iR whele er iR
9 part, er reverse, the eharge ef vielatieR; 8114 affiFffi er me4iJ.Y the er4er ef eOHeetieRs
10 an4 fiRe 1S"/ie4 iR the eitatieR. Subpoena alleged violators and witnesses to its
11 hearings. Subpoenas may be served by the sheriff of the county or police department
12 of the ~1mi'r::f"'~"',"~i'S~l· lY.=,;,.I"~l!;x~,,~·
13 (3) SulJpeeRa 8114 S'Near vcitResses.
14 (4) Subpoena evidence to its Im.rK~L
15 (5) t4)Take evi4eRee testimony under oath.
16 l&l-EBIssue orders having the force of law to command aetieR te eeHeet a yielatieR.
17 whatever steps are necessary to bring a violation into ~1);:P:WIDiIl[14l
18 te1 Te assess eests, iRelu4iag reaseRaBle atterney's fees, agaiRst vielaters iR
19 preeee4iRgs Before the speeial master an4 te eaforee eeFRfllianee with eitatieRs 8114
20 er4ers efthe speeial master.
21 (7) Autherize the eity atterney te request the isSUat1ee efiRspeetieR warrants.
22 (8) Perfeet lieRs aOO fereelese lieRs.
23 (9) Initiate eivil actieRs for 4eelaratery an4 iRjuactive relief, er4er te eeFRflel, and
24 take any ether eivil aetieR iR its eWR Rame, upeR Sflpreval By the eUy eemmissieR, te
25 eaforee applieaBie laws agaiRst vielaters.
26 (lQ) Take any actieR that is Reeessary te effectuate the peViers ef the speeial
27 master eeRsisteRt with the iRteat ef sectieRs 2 24 81142 25
28 ill fl-B Compromise and settle fines and penalties, concurrent with the city manager.
29
30
31 (d) Appointment of a .s.special Mmaster upon recommendation of the ~eity Mrnanager with a
32 majority vote from the Ceity Ceommission 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 .s.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 .s.special Mmaster s shall be appointed for service for any one-
41 year period.
42 (f) Term. A .s.special Mmaster 's term of appointment shall be limited to one year. A .s.special
43 Mmaster may be reappointed as provided for under subsection (d). If a .s.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 .s.special Mmaster.
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1 (g) Removal of S,special Mmaster. The .G6ity .G60mmission 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 offieers.
13 (l)Code enforeement offieers are eharged with enfereing the oeeupationad lieense,
14 building, zoning, sign, and other related eodes and ordinanees of the eity and adl
15 ordinanees of the eounty and statntes of the state that the eHy is authorized to enferee.
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) A" eo de enforeement offieer" means any designated 6Fnflloyee or agent,
20 ineluding, but not limited to, eode inspeetors and poliee offieers, of the eHy '.vhose
21 duty it is to enforee the applieable laws.
22
23 (b) Civil sffenses. The violation of any applieable law shadl eonstitnte a eivil offense
24 punishable by eivil penalty in the amount preseribed in the sehedule of fmes ineluded
25 in this seetion. Failure to eorreet a violation, pay an administrative fee and fine, or
26 otherwise eOFnflly vlilillav{ful direstion ey the eo de enforeement offieer or order sf the
27 speeiad master may sulJjeet a violator and, or, prepeFty OVffier to eivil aetions taken in
28 the name of the speeiad master, upon apprevad by the eHy eomrnission, for, ineluding,
29 but not limited to, deelaratory and illjunetive relief, order to abate a m±isanee, to take
30 eorrestive astion, to eOFnflel payment, to fereelose a lien on the preperty that is suSj eet
31 to the eitation or order, or to fereelose a lien on any personad or other read prepeFty of
32 the violator, or to take any other eivil aetion to eOFnflel eOFnfllianee. The eHy is
33 aathorized to withhold the issuanee of allY seeupatisnal lieense, land use and
34 develspment approvals, ineluding, but not limited to, zoning amendment, speeiad
35 elleeptisn, varianee, building permit, fmad inspeetisn Bflprsvad, and teFnflsrary sr final
36 eertifieate sf oe6Uflaney and use until the vislatisn is esrreeted. Definitions. The
37 following words, for the purpose of interpreting 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 (0 fa)fljAuthoritv of Code !i.enforcement Oefficers. Ceode Eenforcement Oefficers are
7 charged with enforcing the City's non-criminal ordinances, including those concerning
8 occupationallicense§, building§, zoning, and sign§, ana etfter relateaseaes ana
9 eraiRallses efthe sity and all ordinances of the county and statutes of the state that the
10 Qeity 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 @ -(hjCivil offenses. The violation of any apj'llieaele 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 S,schedule of Fees and Ff:ines-
21 rneluaea in this seetien. Failure to correct a violation, pay an administrative fee and
22 fine, or otherwise comply with lawful direction by the Ceode Eenforcement Oefficer
23 or order of the S,special Mmaster may subject a violator and, or, property owner to
24 civil actions taken in the name of the S,special Mrnaster or the City, upon approval by
25 the Csity Ceommission, fer, including, but not limited to, those seeking a declaratory
26 judgment, ami 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 fmal 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 ® fe}Citations.
36 (l)A Ceode Eenforcement Oefficer is authorized to issue a civil Ceitation 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 ofthe person to whom the Qeitation 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 ana aHilierity of the Ceode !:::;enforcement Oefficer and a reference
to this Section as his/her authority.
g. The proeedllFe fer ilie persen te fellew in maer A description of what is
needed to correct the violation and how to request in writing a compliance
inspection by the Ceode !:::;enforcement OefficeT.
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 lipen a .
aeterrninatien iliat a vielatien '.¥as eemmittea. for each day that the violation
has occurred, and if correctable, for each day it is uncorrected and that if the
violation is irreparable or irreversible in nature a penalty of up to $5,000.
~>-€H;ffielEr. 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 fme.
~=:f:~; .. :~= :::::::~~=:::
waivea his er her right te eentest ilie eitatien ana tfiat a lien may be reeeraea
against the preperty ana ilie eitatien may be enfereea by initiating an
enfereernent astien in emmty eemi.
(3)Continuing fines may be imposed for those violations which remain uncorrected
beyond the prescribed time period for correction as set forth inelHaea in the civil
Citation or in the order of the Special Masterinfraetien netiee. 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 lIn eases ef a repeat vielatien, er if ilie eeae enfereement effieer has reasen te
believe iliat ilie vielatien presents a serieHs threat te ilie pHlllie healtfi, safety er
welfare, er if the '1ielatien is irreparable er irreversilile, ilie eeae enfereement
effieer aees net have te previae ilie persen wiili a reasenable time periea te eerreet
ilie vielatien prier te issning a eitatien, ana may immeEiiately issHe a eitatien ana
reEtnire immeEiiate eerreetive aetien.
will ,\ "repeat '1ielatien" means a yielatien ef ilie same law at ilie same aEiEiress
by a persen, er by semeene in eeniraetHal privity wiili ilie persen, er by a merHller
efilie persen's immeaiate family, SHOO as ilie persen's meilier, father, breilier,
sister, sen, aaHghter, er by semeene resiaing with ilie persen, within ilie 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 !;;eode Eenforcement Oefficer may also request a special meeting of
4 the .s.special Mmaster and the !;;eity Mmanager for the purposes of correcting the
5 violation by, among other things, providing oversight ofthe 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 fdfNotice of civil infraction. Prior to issuing a Ceitation, Ithe !;;eode Eenforcement
26 Oefficer shall give issue a civil infraetion notiee Citation as a eourtesy to the person
27 who has violated that a violation of an applicable law has been eomrnittea aaa~shall
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 (fV/here the violator is not the owner of the real
31 property on which the violation occurs, the !;;eode 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 Ceode
34 Eenforcement Oefficer finds that the person has not corrected the violation within the
35 time period specified in the civil infraetion notiee Citation, or the time specified in an
36 order of the Special Master, or has failed to pay the initial fme, the Ceode
37 Eenforcement Oefficer shall proceed with enforcement proceedings. issue a eitation to
38 the person who has eomrnittea the violation, aaa may issue a Ceitation of the owner of
39 the real property, or to the ovvner's agent or representative.
40 (g) (efCriminal penalty for wilTfoI refosal to sign and accept Ceitation Any person who
41 willfully refuses to sign and accept a !;;eitation 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 (l) A violator who has been servea with a eivil Ceitation shall elest to either:
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a. Pay the eivil p61lafty ill the lIla!lller illeieatee ell tHe Ceitatiell aIld te
illlllleeiateiy eeHeet the vielatiell; er
dateHllillatiell efthe Qeeee Eenferselll6llt Qeffiser v;mefl resuftee in the
reqllest with the seee enferselll6llt eivisiell efthe Jcmileillg eepart!lleHt, ieelltifYillg
the Ceitatiell ay the CeitatiellllUIIl.ber er ay the aedress illeieatee ell the Ceitatiell,
Ile later thaIl 2() eays after the serviee ef the Ceitatiell.
efthe Sspesial Mmaster. A Iletise efHearillg 'Nill ae lIlailee ay eertifieemail te
the allegee vielater's last knewfi address and, er, te the address efthe property
evmer that appears ell the tal[ reeeres.
16 ill tgjHearings before Sspecial Mmaster.
17 (1) 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 tes·tim,on:y.
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 ~citation adequately identifies facts constituting reasonable cause and
30 the section or paragraph of the applicable law violated.
31 c. The iispecial 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 I::;enforcement Oofficer who issued the civil Ccitation and any other
35 evidence accepted by the iispecial Mmaster.
36 (4) The iispecial Mmaster shall base its determination on substantial, competent
37 evidence in the record and sHall issue all erder seHtailling a statefllellt ef faets,
38 sellsmsiells eflawalld ereer. THe ereer fIlay affiHll ill wHele er ill part, er re'/erse,
39 the sbarge ef vielatiell, afflflll er fIleeify illsrease tHe fille l",viee ill the tieket
40 Citatiell, eireet additie!!al eeHeetiYe aetiell ay the 'Relater aIle, er, preperty evmer,
41 ifreqoost seHeetive aetiell flaS aeell J3erfuHlled ay the Csity, im)mee the sest ef
42 rapairs ill6l!Hee, Sf that!laigfit ae illsl!Hee ay the Csity, ill eeHeetillg the vielatiell,
43 reqllest tHe initiatiell ef ellfureefll6llt preseedillgs and taile any ether aetiell
44 eellsistent vlifu the pewers efthe Sspesial Aimaster.
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(5) An audio tape and written minutes summarizing the actions of the S,special
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. If the 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 onaw, and shall issue an order
affording the proper relief consistent with powers granted herein including the
levving 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 findings
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 (1) Enfol"eernent ejfJl"{iel"S and hens.
31 (1) At any time, the SSfleeial }'4master, upen its evm, at the direetien efthe eit)'
32 eemmissienCeity Ceemmissien, er upen reEjUest ef any perssn, may direst the
33 eufereemeRt ef its erders, and respend te a serieus threat te the publie health,
34 safety ef welfare.
35
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(2) In any astien te enfefee an enier ef the SSfleeial }.4master sr fereelese a lien,
the prevailing party shall be entitled te an erder against the ether party awarding its
reasonable attorney's fees incurred in all stages of the proceeding, and costs.
38 (i) Liens; piel"ity and /ereeiesbl1"e ejliens.
39 (1) A eertified eepy ef an erder impesing a fine may be reeerded in the publie
40 reeerds ef the eeunty and shall, upen reeerding, eenstitute a lien against the land en
41 Vo'hieh the vielatien 6ltists and upen any ether real er perseual preperty evmed by
42 the vie later.
43
44
(2) Liens shall be enfereed by fereelesure in eireHit eeurt and suBjeet te the
prsvisiens eeRtained in subseetien 162.09(3), Flerida Statutes, as amended;
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provided, however, that the lien shall have the same priority, effeat and duration as
a special assessment lien. Liens shall have a duration of 20 years.
Enforcement pi:ce(jU¥et~$l
(l) 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.l2 to said violator. At the option ofthe
Special Master or City's Code Enforcement Division, notice may additionally be
served by publication or posting as provided in s. 162.l2. If the 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 ofthe City's Code Enforcement Division, shall
schedule a hearing and shall provide notice pursuant to s. 162.l2. 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 of property, 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 of the 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 oftime to correct the violation before the
hearing is held.
ill Appeals. An a§§rieved party, includin§ the violator, property o' .... ner, local govemin§ ilody,
and property owners and tenants within <lOa feet of the property that is suilject to an order
of 'Jiolation ily the special master, may appeal the final order to the circuit court. In the
case of property O'Nners and tenants, they shall have standin§ to appeal to the circuit
court only if they appeared at the hearing ilefere the special master and presented
evidence in suilstantial opposition to the final order of the special master. The appeal
sRal1 not ile a Rearin§ de novo ilut sRall ile limited to appellate review of tRe record. An
appeal sRall ile filed witRin <l0 days of rendition of tRe order.
(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 fine, as provided by the City's Schedule of Fees and Fines, for the
violation in question but may increase the fine to the maximum fine allowed.
38 ® Administrative filles; costs of repair; [WDIEffiI&li.
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 fine 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 of 16
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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 pursuantto 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 (I). 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 fine 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 oflien 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 (1) OO-Notices. Notiees shalle8 flfovises ill the Hlat\lleF authofizes ey seetioIl162.12, Flmisa
16 Statutes, as amellses, elltitles "Notiees. "
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 fmd for the property owner. For property owned by a corporation,
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) 1. 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 courthouse 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 D:n:L€B Schedule of jines. 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, and, in addition, may
15
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17 Mmaster and in flIoseeuting oIders entered by the SSfJseial Mmaster. In the event the .s.special
18 Mmaster fmds 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. ~~,' _1
1
I "" "" ""
I
'Class I
1
!
r 'c'
:Illegal signs
I
,other violations of eEtHivalent gravity
i
IClass II '-AA AA I'AA AA Ie AA A,
IQee\lflationallieense
lfJJandonea5W'lked vehieles
1
I
fiffiSh
!
!Garbage
i
I
Page 13 of 16
,
k'\nimads
i
:CemmeF0ial vehieles iR RS zeRiRg district
,
:Other vielatieRs ef equivaleRt gravity ,
I .. .. ..... ..... ' ..... .
IClass l!l ,), AI ;AA AA
I
j
:O'lefgrewR vaeaffi lets
Neise
1
lRew ellstmctieRs
I
IOther vielatieRs ef equivaleRt gravity
I ~,,-_., .. _---_.-... ... , "" .~------... .. ------.--------,-, "" .. ~ ' .. ~~....... ....... . .. _"_m"'_ .. ... . ~ .... . ....... ~ .....
iClassIV
I
fj=riaagle ef visillility
iVaeant, lffiS6euFSd lluildiag
i
'OtheF FBC vielatieRs
JzeniRg vielatieRs/illegal HRits
j
:CeRstmetieR wef'k witheut permits
i ,
'OthSf vielatieRs ef equivalSRt gravity
----------" -----.. .......~ .. ..................
iClass V ;{\(\ An AA AA
!
l=FhFeat te pulllie health, safety aad welfare
~ITeparallle er irreversillle vielatieRs
IOthSf vielatieRs ef equivalSRt gravity
j
1
2 Sehedtlle ffjei,il penalties
Page 14 of 16
1"" '1" IV' "', ,+
1 10. "I.
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1
2 (m) In detenniniag the deviation, if any, Hom the seheooled fme, the SSjlesial Jl.fulaster shall
3 sonsider the following fastors:
4 (1) The grav-ity of the violation.
5 (2) ''''stions taken By the violator to sorrest the violation.
6 (3) PrevioHs violations sornmitted By the violator.
7 (4) The BeHefit reseivod By the violator from the violation.
8 (5) The yiolator's aBility to jlay.
9 (6) The deterrent effsst to Be aehieved 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-lettered 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 of 16
APPROVED:
MAYOR
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READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 16 of 16
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
MIAMI HERALD I MiamiHerald.com --------------------~
SOAPBOX
Residents should question
proposal to increase density
and widen Old Cutler Road
Is it true?
The supporters of the
proposed land use change
at Old Cutler Road and
Southwest184th Street that
would allow high density,
four-story development
there say that high density
is necessary to accommo-
date future population
growth in Cutler Bay. They
say we must widen Old
Cutler Road. They say that
high density development
will boost the town's reve-
nues from property taxes.
But, is any of this true?
A simple review ofCut-
ler Bay's zoning map
shows that the current
zoning will accommodate
at least 92,000 residents
(34,000 dwelling units) in
Cutler Bay -almost dou-
ble today's population and
more than enough to ac-
commodate future growth
without any land use or
zoning change.
Widening Old Cutler
Road is foolish and irre-
sponsible -any compe-
tent traffic engineer will
tell you that widening
doesn't work. It just results
in more traffic.
And I can't help but
think that the decline in
property values of all the
homes around this high
density development
could offset any tax reve-
~""~. ~!!t" ;:\1 F' "x~;i ~'::'1.V
nue generated by the de-
velopment -maybe even
resulting in a net loss in
revenues.
Let's hope our Town
Council is not swayed and
dazzled by the developer's
empty rhetoric but instead
think through all of the
negative impacts of this
proposed development
and then vote to deny the
land use change.
This is my opinion; what
do you think? Tell your
elected officials. They
were elected to protect
your interests, not those of
out-of-town corporate
developers.
-Steve Zarzeckl, Cutler Bay
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY givcn thatlhc City Commi~sion oflhe Cit)' of So nth Miami, Fle>rida wil! OOIlduct Publk Uearing(SI
at it~ regulor City Commi~sh.m mee1ing scheduled fl,!" 111~'''!!Y Aogult 4. 20lS beginning at 1:00 p.m., in the City
Commissiun Cbamb=, b130 Sunset Drh'C. to consider the following itcm{sj:
An Ordinance amending the City of South Miami Land Development Code, Artic!eVIII, titled
NTransit-Oriented Development District," Section 20-8.3\C) to make corrections and add uses
permitted in the otnerTODD districts to theTODD {PI) Public I Institutional zoning district
An Onfinance creating Section 2-4.9 in Chapter 2, Article I, of the City of South Miami's
Code of Ordinances establishing an alternative enforcement procedures for ordinances and
statutes pursuant to Chapter 182, Florida Statutes.
(
An Ordinance amending Chapter 2, Article 111, titled BOARDS AND COMMITTEES, sections)
2-24 and 2-25 to accommodate the enforcement of civil citations issued for violation of
certain misdemeanors, to. bring the ordinances into compliance with Chapter 182, Florida
Statutes, to replace the schedule of fines with reference to City's Schedule of Fees and
Fines and to otherwise update and clarify these Sections and provide a mechanism for the
enforcement of all ordinances.
ALL inl<>rcstcrl partie:; an: ilIVlled to attend and will be heard.
For further information. plcase contact thc City Clerk's Office ~t: 305-663-6340
Maria M. M~"'I1.endez. CMC
CityCkrk
Pursuant to Florida Statutes 286,0105, the City hereby ad>ises the public that if a person decides 10 appeal any decision
made by this Board. Agency or Commission with resp.."l:tto any lUlllrer considered at its meeting or ilcaring. he or ~hc will
need a reconl of the proceiO"dings, and thm for such purpo~e. alTectiO"d per:iOJl m3)' need to ensure that a ~erbalim record o[the
proceedings is madc which n:cord includcs the testimony and evidencc IIp(Ill which the appea'J is to be based.
SE ~~!\.!, JUL'(_??, 2015 I 33SE
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
LegalHolidays
Miami,Miami-Dade County,Florida
STATE OF FLOR\DA
COUNTY OF MIAMI-DADE:
Before the undersigned authoritypersonally appeared
MARIA MESA,whoon oath says that heor she isthe
LEGALCLERK,Legal Notices of the MiamiDaily Business
Reviewf/k/aMiamiReview,adaily (except Saturday,Sunday
andLegalHolidays)newspaper,publishedat Miami in Miami-Dade
County,Florida;thatthe attached copyof advertisement,
beingaLegal Advertisement ofNoticeinthematterof
CITY OF SOUTH MIAMI
PUBLIC HEARING -AUGUST 4,2015
in the XXXX Court,
waspublishedinsaid newspaper inthe issues of
07/24/2015
Affiantfurther says that the said MiamiDaily Business
Reviewisa newspaper published atMiamiin said Miami-Dade
County,Floridaand that thesaid newspaper has
heretofore been continuously published in said Miami-DadeCounty,
Florida,each day(except Saturday,SundayandLegalHolidays)
and has been entered as second class mail matter at the post
officeinMiamiin said Miami-Dade County,Florida,fora
periodofone year next preceding thefirstpublicationofthe
attached copyof advertisement;andaffiantfurther says thatheor
she has neither paidnor promised any person,firmorcorporation
anydiscount,rebate,commissionor refund forthepurpose
of securing thjsaa^sgjeefqent for publication inthesaid
newspap
Swofh to an>€ubscribed before methis
24 day of JULY ^fr—/a.D.2015
(SEAL)
MARIA MESApersonallyknowntome
/0^%,MERCEDES ZALDIVAR
"''MY COMMISSION #FF029736
EXPIRES June 20.2017
(407)398-0153 FloridaNotaryService.com
*'•'%*of fS*
CITY OILSOUtH MIAMI
NOTICE IS HEREBY given that the City Commission of the City-of
South Miami,Florida will conduct Public Hearing®at its regular City
Commission meeting scheduled for Tuesday,August 4.2015 beginning
at 7:00 p.m.,in the City Commission Chambers,6130/Sunset Drive,to
considerthefollowingitem(s):
An Ordinance amending the City of South Miami Land Develop
ment Code,Article VIII,titled Transit-Oriented Development
District,"Section 20-8.3(C)to make corrections and add uses
permitted in the;other TODD districts to the TODD (Pi)Public/
Institutionalzoningdistrict.
An Ordinance creating Section 2-4.9 in Chapter 2,Article I,of
t the City of South Miami's Code of Ordinances establishing an
alternative enforcement procedures for 6Mihances andstatutes
pursuantto Chapter 162,Florida Statutes.
An Ordinance amending Chapter 2,Article III,titled BOARDS
AND COMMITTEES,Sections 2-24 arid 2»2$to accommojdate
the enforcement of civil citations issued for violation of certain
misdemeanors,io bring the ordinances into compliance with
Chapter 162,Florida Statutes,to replace the.schedule ofTines
With reference to City's Schedule of Fees and Fines and to
otherwise update arid clarity these Sections and provide a
mechanism for the enforcement ofall ordinances,
ALL interested parties are invitea'to attend andwHIberreard.
j^furthenhforma^
305-663-6M&:_——*-
Maria M.Menendez,CMC
Pursuant tcr Florida Statutes 286,0105,the City hereby advises the
public that if a peison decides to appeal any decision made by this
Board*Agency or Commission with respejst toanymatterconsidered at.
its westing or hearing,heor she will need a record ofthe proceedings,
and that for such purposei effected person may need to ensure thata
verbatim record ofthe proceedings is made which Vecprd includes the
testimony and evidence upon which theappeal ^to b&^aS?^^^M»«7/24 ._^_15-t28/£465553Mj