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Ord No 17-15-2224ORDINANCE NO.17-15-2224 An Ordinance amending Chapter 2,Article III,titled BOARDS AND COMMITTEES,Sections 2-24 and 2-25to accommodate the enforcement of civil citations issued for violation of certain misdemeanors,to bring the ordinances into compliance with Chapter 162,Florida Statutes,to replace the schedule of fines with reference to City's Schedule of Fees and Fines and to otherwise update and clarify theseSectionsand provide a mechanism for the enforcement of all ordinances. WHEREAS,theCity of South Miami has been vested with home rule power to enact ordinances that do not conflict with state law;and WHEREAS,theCity of SouthMiami("City")has previously enacted Section 2-24and 2-25pursuanttoChapter 162,FloridaStatutes,whichSectionsareprimarilydesignedto adjudicate violations of the City's building andzoning ordinances;and WHEREAS,inits current form Sections 2-24and2-25arenot appropriately drafted to accomplish the enforcement of all of theCityordinances;and WHEREAS,thisproposedordinancewillalsoprovidethe City's policedepartmentwith analternative procedure for enforcement of civilcitationsissuedinlieu of arrestfor certain misdemeanors and it will create an additional mechanism under the City's Code to enforce these and other civil violations. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.Chapter 2,Article III,titled BOARDS AND COMMITTEES,Sections 2-24 of theCity of South Miami's Code of Ordinances,titled "Special Master"is hereby amended in pertinent part to read as follows: Sec.2-24.-Special Mmaster. (a)Pursuant tothe constitutional homerule powers granted to municipalities bythe Florida constitution,andF.S.ch.166 and §cL 162t32,theCeity creates the position of Sspecial Mmaster for the Ceity to enforce the City's ordinances including the City's Land Development Code,occupational license,building,zoning,sign,and other related codes and ordinances of the Ceity andall ordinances of Miami-Dade County and statutes of the state that the Ceity is authorized to enforce,unless an alternative enforcement method is designated by an ordinance . (b)All procedure and conduct of hearings shallbeas provided in Ssection 2-25 of thisCode. TheCeity Aattorney shallserveascounseltotheCeityinthe defense of appealstoand enforcement actionsbeforetheSspecial Mmaster if theaccused violator is represented by legal counsel,otherwise the head of the code enforcement division,orhisor her designee,shallpresentthe Ceity's caseinallactionsbeforetheSspecial Monaster.The Ord.No.17-15-2224 CeityAttorneyshallhavethepower,uponapprovalbytheCeityCeommission,toinitiate civilactionsfor declaratory and injunctive relief,andorderstocompel,andto commence anyotheractiontoenforcecivilfines,correctionordersandorders of theSspecial Mmaster.TheCeity Mmanager shallhavethepowerto compromise andsettlefinesand penalties. (c)The Sspecial Mmaster shall have the powers to: (1)Adopt bylawsandrules of procedure.Adoptrulesforthe conduct of itshearings. (2)Heardenovo appeals byalleged violators fromcivilcitations;affirminwholeorin part,orreverse,thecharge of violation;andaffirmormodifytheorder of corrections andfine levied inthecitation.Subpoena alleged violators and witnesses toits hearings.Subpoenas maybeservedbythe sheriff of thecountyor police department of the municipality. (3)Subpoena and swear witnesses. (4)Subpoena evidence toits hearings. (5)(4)Take evidence testimony under oath. (6)(§)Issue orders having the force of law to command action to correct a violation. whatever steps are necessary to bring a violation into compliance. (6)To assess costs,including reasonable attorney's fees,against violators in proceedings before the special master andto 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 initsown name,upon approval bythecity commission,to enforce applicable laws against violators. (W)Take any action that is necessary to effectuate the powers of thespecial master consistent with the intent of sections 2 24 and 2 25 (7)(W)Compromise and settle finesand penalties,concurrent with thecity manager. (d)Appointment of a Sspecial Mmaster upon recommendation of theCeity Mmanager witha majorityvotefromtheCeityCeommissionwhowillappointadesignatedpersonforthis particularpositionandwhoshallbeauthorizedtoholdhearings,impose,upholdand/or mitigatefines,liens,and other non-criminal penalties againstviolators of cityand/orcounty codes and ordinances. (e)Qualifications for Sspecial Mmaster: (1)Bea retired state judge;or (2)AmemberingoodstandingoftheFloridaBar,withatleastten years'experience inzoning,landuse,codeenforcement,orrealestatetransactionsorlitigation; (3)NomorethanthreeSspecialMmastersshallbeappointedforserviceforanyone- year period. (f)Term.ASspecialMmaster fs termofappointmentshallbelimitedtooneyear.ASspecial Mmastermaybereappointedasprovidedforundersubsection(d).If aSspecialMmasteris unabletohearacaseduetoconflict of interestoranyotherreason,thecaseshallbeassigned to another Sspecial Mmaster. (g)Removal of SspecialMmaster.TheCeityCeommissionatitssolediscretionmayremove a Sspecial Mmaster from office atanytime. Page 2 of 16 Ord.No.17-15-2224 (h)Compensation.ASspecialMmastershallbe compensated ataratenottoexceedone hundredfiftydollars ($150.00)perhourfor attendance athearingsandpreparationoforders of the Sspecial Mmaster. Section2.Chapter2,ArticleIII,titledBOARDSANDCOMMITTEES,Sections2-25 oftheCity of South Miami's Codeof Ordinances,titled "Code enforcement procedures"is herebyamendedin pertinent parttoreadasfollows: Sec.2-25.-Code enforcement procedures. (a)Code enforcement officers. (l)Code enforcementofficersarechargedwithenforcingtheoccupationallicense, building,zoning,sign,andotherrelatedcodesandordinances of thecityandall ordinances of the county and statutes of thestate that thecityis authorized toenforce. Intent.Itisthe purpose of this Section toprovideforcode enforcement pursuant tothe authority granted to the City by Florida Statute,Ch.162 concerning code enforcement boards/Special Magistrates. (2)A "code enforcement officer"means any designated employee oragent, including,butnot limited to,codeinspectorsand police officers,of thecitywhose duty itisto enforce the applicable laws. (b)Civil offenses.The violation of any applicable lawshall constitute acivil offense punishable bycivil penalty intheamount prescribed intheschedule of fines included inthissection.Failure to correct a violation,payan administrative feeandfine,or otherwise comply with lawfuldirectionbythecode enforcement officerororder of the special master may subject a violator and,or,property owner tocivil actions takenin the name of the special master,upon approval bythecity 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 alienonthe property that is subject tothe citation ororder,orto foreclose alienonany personal or other real property of the violator,orto take any other civil action to compel compliance.Thecityis 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 orfinal certificate of occupancy anduseuntilthe violation is corrected.Definitions.The following words,for the purpose of interpreting this Section,shall have the meaning set forth opposite the word. (1)"Code Enforcement Officer"means any designated employee or agent including,but not limited to.Code Enforcement Officers and police officers,of the city whose duty itisto enforce the applicable laws. (2)"Special Magistrate"shallalso mean Special Master andthe word Special Master shall be used interchangeable with the word Special Magistrate" (3)"Special Master"shall mean the official who shall be designated by the City to hold quasi-judicial hearings concerning violations of the City ordinances. Page 3 of 16 Ord.No.17-15-2224 (4)"Citation"shallmeananoticeissuedbytheCodeEnforcementOfficertoa personwho,intheopinion of theCodeEnforcementOfficer,hasviolateda City ordinance. (c){a){^Authoritv ofCode Eenforcement Oefficers.CeodeEenforcementOefficersare chargedwithenforcingthe City's non-criminalordinances,includingthoseconcerning occupationallicenses,buildings,zoning,andsigns,andotherrelatedcodesand ordinances of thecityandallordinances of thecountyandstatutes of thestatethatthe Ceityis authorized toenforcecivilly.CodeEnforcementOfficers,unlesstheyarealso law enforcement officers,are not authorized to make arrests.A certified law enforcement officer who issues a civil Citation in lieu of arrest for certain misdemeanors,as authorized by City ordinance,and civil citation,shall,for the purposes of thisSection,betreatedinthesamemannerastheissuance of acivil citation by a Code Enforcement Officers who is not a certified law enforcement officer. (d)-(b)Civil offenses.The violation of anyapplicablelaw Section of the City's ordinances, unless otherwise provided inthatSection,shall constitute aciviloffense punishable by civil penalty inthe amount prescribed inthe City's Sschedule of FeesandFfines- included in this section.Failure to correct a violation,pay an administrative feeand fine,or otherwise comply with lawful direction bythe Ceode Eenforcement Oefficer or order of the Sspecial Mmaster maysubjecta violator and,or,property owner to civil actions taken inthename of the Sspecial Mmaster ortheCity,upon approval by the Ceity Ceommission,fer^including,but not limited to^those seeking a declaratory judgment,aaad injunctive relief,an order to abate a nuisance,to take corrective action, to compel payment,to foreclose a lien onthe property that is subject tothe citation or order of the Special Master,ortoforeclosealienonany personal or other real property of the violator,orto take any other civil action to compel compliance.TheCeityis authorized to withhold the issuance of any occupational license,land useand development approvals,including,but not limited to,re-zoning,zoning amendment, special exception,special use,variance,building permit,final inspection approval,and temporary orfinal certificate of occupancy anduse until the violation is corrected and allfinesandfeesare paid and mitigation,if applicable,is accomplished. (e){^Citations. (1)A Ceode Eenforcement Oefficer is authorized to issue a civil Ceitation toa person when,based upon personal investigation,the officer has reasonable cause to believethatthe person hascommittedacivilviolation of anapplicablelaw. (2)A Ceitation shall contain: a.The date and time of issuance. b.The name and address of the person to whom the Ceitation is issued. c.The date and time the violation was committed. d.The facts constituting reasonable causeto believe a violation has occurred. e.The section or paragraph of the applicable law violated. f.The name and authority of theCeode Eenforcement Oefficer anda reference to this Section as his/her authority. Page 4 of 16 Ord.No.17-15-2224 g.TheprocedureforthepersontofollowinorderAdescriptionofwhatis needed to correct the violation and how to request in writing a compliance inspection bytheCeode Eenforcement Oefficer. h.The procedure forthepersontofollowinordertopaythecivilpenaltyorto contest the citation. i..If the applicable fineislessthan$250perday,aA:statement that if the personfailstopaytheapplicablyfineandif theviolator isfoundguiltyofthe violation bytheSpecialMasterthatelectsto ftppeal thecitationapenalty of up totwo hundred fifty dollars ($250)perdayforthefirst offence andfive hundred dollars ($500.00)perdayfora repeat offense may be imposed upon a determination that a violation was committed,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 innaturea penalty of upto$5,000. j._The applicable civil penalty if the person elects not to iillll the citation.The amount of the applicable fine if the violation isnot corrected within thetime allowed. k.Whether the civil penalty isaonetimefineandordaily continuing fine. LA statement that if the person failsto pay the civil penalty within the time allowed,or fails to JH^j the citation,the person shall be deemed to have waived hisor her right to contest the citation and that a lien may be recorded against the property andthe 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 asset forth included inthe civil Citation orinthe order of the Special Masterinfraction notice.For each day of continued violation after the time period for correction hasrun,an additional penalty inthe same amount asthefineforthe original violation shall be added. (1)In cases of a repeat violation,or if thecode enforcement officer has reason to believe that the violation presents aseriousthreattothe public health,safetyor welfare,or if the violation is irreparable or irreversible,thecode enforcement officerdoesnothavetoprovidethepersonwithareasonabletimeperiodtocorrect the violation prior to issuing a citation,andmay immediately issuea citation and require immediate corrective action. -(5)-(4)A "repeat violation"means a violation of the same law at the same address byaperson,orbysomeoneincontractualprivitywiththeperson,orbyamember of theperson's immediate family,suchastheperson'smother,father,brother, sister,son,daughter,orbysomeoneresidingwiththeperson,withinthepastfive years. "Repeat violation"means a violation of a provision of an ordinance bya person whohas been previously foundbytheSpecial Master tohave violated orwhohas admitted violating thesameprovisionwithin5yearspriortotheviolation, notwithstanding the violations occur at different locations or as may defined in Chapter 162. Page 5 of 16 Ord.No.17-15-2224 (6)-(5}In caseswhereaviolation presents aseriousthreattothepublichealth,safety orwelfare,theCeodeEenforcementOefficermayalsorequestaspecialmeeting of theSspecialMmasterandtheCeityMmanagerforthepurposesofcorrectingthe violationby,amongotherthings,providingoversight of thecorrectiveactionbythe violatororpropertyowner,undertakingcorrectiveactionbytheCeityinresponseto the violation,and authorizing legal action against the violator and,or,property owner. (6)If arepeat violation isfound,theCodeEnforcementOfficershallnotifythe violatorbutisnotrequiredtogivetheviolatorareasonabletimetocorrectthe violation.TheCode Enforcement Officer,upon notifying the violator of arepeat violation,shallnotifytheSpecialMasterand request ahearing.TheSpecialMaster, through its clerical staff,shall schedule a hearing andshall provide notice pursuant tos.162.12.The case may be presented tothe Special Master even if the repeat violation has been corrected priortothehearing,andthenoticeshallsostate.If the repeat violation hasbeencorrected,theSpecialMasterretainstherighttoschedule a hearing to determine costsandimposethe payment of reasonable enforcement feesupontherepeatviolator.Therepeatviolatormaychoosetowaivehisorher rights to this hearing and paysaidcostsas determined bythe Special Master. (7)If the Code Enforcement Officer has reason to believe a violation or the condition causing the violation presents a serious threat tothe 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. (f){^Notice ofcivilinfraction.Prior to issuing a Ceitation,Tthe Ceode Eenforcement Oefficer shall give issue a civil infraction notice Citation asa courtesy to the person whohas violated that a violation of an applicable law has been committed and^shall issuethe applicable fineforthe violation and,if the violation is correctable,establish a reasonable time period within which the person must correct the violation.If the violation concerns real property and if Where the violator is not the owner of thereal property on which the violation occurs,the Ceode Eenforcement Oefficer may also givenoticetothe owner ortotheowner'sagentor representative.Thetimeperiodto correct the violation shallnotexceed30days.If,upon personal investigation,aCeode Eenforcement Oefficer finds that the person hasnot corrected the violation within the time period specified inthecivil infraction notice Citation,orthetime specified inan order of the Special Master,orhasfailedtopaythe initial fine,the Ceode Eenforcement Oefficer shallproceedwith enforcement proceedings,issuea citation to the person whohas committed the violation,andmayissuea Ceitation of the owner of thereal property,ortotheowner'sagentor representative. (g){^Criminal penaltyforwillfulrefusaltosignandaccept Ceitation.Anypersonwho willfully refuses to sign and accept a Ceitation shallbe guilty of a misdemeanor of the second degree,punishable as provided in section 775.082 or section 775.083,Florida Statutes. Ito Sspecial Mmaster. (1)A violator who has been served with a civil Ceitation shall elect to either: Page 6 of 16 Ord.No.17-15-2224 a:Paythecivilpenaltyinthemanner indicated onthe Ceitation andto immediately correct the violation;or b-.Request a hearing before the Sspecial Mmaster to ^^^the determination of the Ceode Eenforcement Oofficer which resulted in the issuance of the civil Ceitation. (2)An Igpi^to the Sspecial Mmaster shall be accomplished by filing a written requestwiththecode enforcement division of the building department,identifying the Ceitation by the Ceitation number orbythe address indicated onthe Ceitation, no later than 20 days after the service of the Ceitation. (3)Uponreceiptofatimely request fora hearing,thecode enforcement division will schedule the Ipi^gql on the agenda for the next regularly scheduled meeting of the Sspecial Mmaster.Anotice of hearing willbe mailed by certified mailto the alleged violator's last known address and,or,tothe address of the property owner that appears onthetax records. (h)(g)Hearings before Sspecial Mmaster. (1)All hearings before the Sspecial Mmaster shall be conducted as quasi-judicial hearings.All witnesses shall be sworn totellthe truth under penalty of perjury-and the testimony shall be recorded.The Special Masters hall take testimony fromthe Code Enforcement Officer and alleged violator as well as any other witness presented by either party.Although the Florida Rules of Evidence shall not be applied tothe proceedings strictly,due process and fundamental fairness shallbe accorded toall alleged violators.Hearsay testimony may be considered togive weight or credibility to other evidence,butno order shall be entered based solely on hearsay testimony. (2)In determining JBftSI?tThe Sspecial Mmaster shall determine whether: a.The person and,or,the property owner were properly served with the civil Ceitation and notice of hearing. b.The Ceitation adequately identifies facts constitutingreasonable cause and the section or paragraph of theapplicablelawviolated. c.TheSspecialMmastershallconsideralltheevidencepresentedduringthe hearing. (3)Therecordshallconsist of thecodeenforcementfile,thetestimony of the Ceode Eenforcement OofficerwhoissuedthecivilCeitationandanyother evidence accepted bytheSspecialMmaster. (4)TheSspecialMmastershallbaseitsdeterminationonsubstantial,competent evidenceintherecordandshallissueanordercontainingastatement of facts, conclusions of lawandorder.Theordermayaffirminwholeorinpart,orreverse, the charge of violation,affirm or modify increase the fine levied in the ticket Citation,directadditionalcorrectiveactionbytheviolatorand,or,propertyowner, jf requestcorrectiveactionhasbeenperformedbythe Ceity,includethecost of repairsincurred,orthatmightbeincurredbythe Ceity,incorrectingtheviolation, request the initiation of enforcement proceedings andtakeanyother action consistent with the powers of theSspecialMmaster. Page 7 of 16 Ord.No.17-15-2224 (5)An audio tapeand written minutes summarizing the actions of the Sspecial Mmaster shall be made. (6)Each case before the Special Master shallbe presented bythe City Attorney or bya member of the administrative staff of theCity.If the City prevails in prosecuting acase before theSpecialMaster,itshallbe entitled to recover allcosts incurred in prosecuting thecase before the Special Master andsuchcostsmaybe included in the lien authorized under s.162.09(3). (7)The Special Master shall proceed tohearthe cases onthe agenda for that day. (8)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 fine and administrative costs.If the violation has not been corrected bythe time of the hearing,the order shall include a notice that it must be complied with bya 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 bylaw,then under the conditions specified ins.162.09(1),Florida Statutes,the cost shall be included along with thefine.A certified copy of each andevery order that issuee fines,fees and/or costsmaybe recorded inthe public records of Miami- DadeCoimtyandshall constitute noticetoany subsequent purchasers,successors in interest,or assigns if the violation concernsreal property,andthefindings 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 inthe public records pursuant tothis subsection andthe order is complied with bythedate specified intheorder,theSpecial Master shallissuean order acknowledging compliancethatshallberecordedinthepublicrecordsupon the payment of therecordingfeesbytheviolator.Ahearingisnotrequiredtoissue suchan order acknowledging compliance. (h)Enforcement oforders andliens. (1)Atanytime,theSspecialMmaster,uponitsown,atthedirection of the Ceity Ceommission,orupon request of any person,maydirectthe enforcement of its orders,andrespondtoaseriousthreattothepublichealth,safetyorwelfare. (2)Inanyactiontoenforceanorder of theSspecialMmasterorforeclosealien, theprevailingpartyshallbeentitledtoanorderagainsttheotherpartyawardingits reasonableattorney'sfeesincurredinallstages of theproceeding,andcosts. (i)Liens;priorityandforeclosure ofliens. (1)Acertifiedcopy of anorderimposingafinemayberecordedinthepublic records of the county andshall,uponrecording,constitute alienagainstthelandon whichtheviolationexistsanduponanyotherrealorpersonalpropertyownedby the violator. (2)Liensshallbeenforcedbyforeclosureincircuitcourtandsubjecttothe provisions containedinsubsection162.09(3),FloridaStatutes,asamended; provided,however,thatthelienshallhavethesamepriority,effectanddurationas aspecial assessment lien.Liensshallhaveaduration of 20years. Page 8 of 16 Ord.No.17-15-2224 (i)Enforcement Procedure. (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 thecodesis 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,theCode Enforcement Officer shall notify the Special Master and request a hearing.The Special Master,through its staff orthat 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 ins.162.12 tosaid violator.Atthe option of the Special Master or City's Code Enforcement Division,notice may additionally be served by publication or posting as provided ins.162.12.If the violation is corrected and then recurs or if the violation isnot corrected by the time specified for correction by the Code Enforcement Officer,the case may be presented tothe Special Master even if the violation hasbeen corrected priortothehearing,and the notice shall so state. (3)If a repeat violation isfound,theCode Enforcement Officershallnotifythe violator but is not required togivethe violator a reasonable time to correct the violation.The Code Enforcement Officer,upon notifying the violator of a repeat violation,shall notify theSpecial Master and request a hearing.The Special Master,through its staff or that of the City's Code Enforcement Division,shall schedule a hearing andshall provide notice pursuant tos.162.12.Thecasemay be presented tothe Special Master even if the repeat violation has been corrected prior tothe board hearing,andthe notice shallsostate.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 ins.162.12 tosaid violator The repeat violator may choose to waive hisorher rights tothis hearing and pay saidcostsas determined bythe Special Master. (4)If the Code Enforcement Officer has reason to believe a violation orthe condition causing the violation presents aserious threat tothe 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,thatis subject toan 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: i.Disclose,in writing,the existence andthe nature of the proceeding tothe prospective transferee. ii.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 tothe code enforcement proceeding received by the transferor. iii.Disclose,in writing,tothe prospective transferee that the new owner will Page 9 of 16 Ord.No.17-15-2224 be responsible for compliance with the applicable codeand with orders issued inthecode 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 (i),(ii),and(in) 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 notbe dismissed,but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. (j)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 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 onlyif 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 bea hearing de novobut shall belimitedto appellate review of the record.An appeal shall be filedwithin 30 days of rendition of the order. (i)Election to pay fine. (1)A violator who has been servedwithacivil Citation -may elect to pay thecivil penalty inthe manner indicated onthe Citation and,if the violation is correctable,to immediately correct the violation;or (2)If the violator failsto timely paythefine,and/or if the violation is correctable and the violator failsto correct the violation within the time provided forinthe Citation orthe order of theSpecialMaster,theCode Enforcement Officer shall request a hearing before theSpecialMaster.If the Special Master finds that the violation has occurred,the Special Master shall not have authority to reduce the initial fine,as provided bythe City's Schedule of Feesand Fines,forthe violation in question but may increase thefinetothe maximum fine allowed. (k)Administrative fines;costs of repair;liens. (1)A Special Master,upon notification bythe Code Enforcement Officer that an order of the Special Master hasnot been complied with bytheset time bythe Special Master or upon finding that a repeat violation has been committed,may order the violator to pay afineinan amount specified in this section for each day the violation continues past thedatesetbythe Special Master for compliance or,in the case of a repeat violation,for each day the repeat violation continues,beginning withthedatethe repeat violation isfoundto have occurred by the Code Enforcement Officer.In addition,if the violation is a violation described ins.162.06(4),the Special Master 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 Page 10 of 16 Ord.No.17-15-2224 the repairs along with thefine imposed pursuant tothis section.Making such repairs does not create a continuing obligation onthe part of the City to make further repairs orto maintain the property anddoesnot create any liability against theCityforany damages tothe property if such repairs were completed ingoodfaith.If a finding of a violation ora repeat violation has been made as provided inthispart,a hearing shall notbe necessary for issuance of theorder imposing thefine.If,afterdue notice and hearing,the Special Master findsa violation tobe irreparable or irreversible in nature, it may order the violator to pay afineas specified in paragraph (2)(a). (2)Fines (a)Afine imposed pursuant tothis section shallnot exceed $250perdayfor afirst violation andshallnot exceed $500perdayfora repeat violation,and,in addition,may include allcosts of repairs pursuant to subsection (1).However, if the Special Master findsthe violation tobe irreparable or irreversible in nature,it may impose afinenotto exceed $5,000per violation. (b)In determining the amount of thefine,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 bythe violator. (c)The Special Master mayreduceafine imposed pursuant tothissection. (d)In addition tosuchfines,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 afine,orafine 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 realor personal property owned bythe violator.Upon petition tothe circuit court,suchordershallbe enforceable inthesame 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 tobea court judgment except for enforcement purposes.Afine imposed pursuant to this part shall continue to accrue until the violator comes into compliance oruntil judgment is rendered ina suit filed pursuant tothis section,whichever occurs first.Alien arising fromafine imposed pursuant tothis section runsinfavor of theCity,andtheCity may execute a satisfaction or release of lien entered pursuant tothis section.After 3 months fromthe 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.Nolien created pursuant to the provisions of this part may be foreclosed onreal property which isa homestead under s.4,Art.X of the State Constitution.The money judgment provisions of this section shall not apply toreal property or personal property which is covered under s. 4(a),Art.X of the State Constitution. (!)Inan action to foreclose ona lien orfora money judgment,the prevailing party is entitled to recover all costs,including a reasonable attorney's fee,that it incurs in the action.The City shall be entitled to collect all costs incurred in recording and Page 11 of 16 Ord.No.17-15-2224 satisfying a valid lien.The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice,unless a notice of lis pendens is recorded. (in)Appeals.—Pursunt tos.162.11,Florida Statutes,an aggrieved party,including the City,may appeal afinal administrative order of an enforcement board tothe circuit court.Such an appeal shall notbea hearing denovo but shallbe limited to appellate review of the record created before the enforcement board.An appeal shallbefiled within 30 days of the execution of theordertobe appealed. (1)^-Notices.Notices shallbe provided inthe manner authorized by section 162.12,Florida Statutes,as amended,entitled "Notices." (1)Pursunt tos.162.12,Florida Statutes,all notices required bythis part must be provided to the alleged violator by: (a)Certified mail,andatthe option of thelocal government return receipt requested,tothe address listed in the tax collector's office for tax notices or to the address listed in the county property appraiser's database.Thelocal government mayalso provide an additional noticeto any other address it may findforthe property owner.For property owned bya corporation, noticesmaybe provided by certified mailtothe registered agent of the corporation.If any notice sentby certified mail is not signed as received within 30daysafterthe postmarked date of mailing,notice may be provided by posting as described in subparagraphs (2)(b)l.and2.; (b)Hand delivery by the sheriff or other law enforcement officer,code inspector,or other person designated bythe local governing body; (c)Leaving the notice atthe violator's usual place of residence with any person residing therein whois above 15 years of ageand informing such person of the contents of the notice; or (d)Inthecase of commercial premises,leaving the notice with the manager or other person in charge. (2)In addition to providing notice assetforthin subsection (1),atthe option of thecode enforcement board or the local government,notice maybe served by publication or posting,as follows: (a)l.Such notice shall be published onceduringeach week for4 consecutive weeks(four publications being sufficient)ina newspaper of general circulation inthe county where the code enforcement board is located.The newspaper shall meet such requirements asare prescribed under chapter 50for legal and official advertisements. 2.Proof of publication shall be made as provided inss.50.041and 50.051. (b)l.In lieu of publication as described in paragraph (a),such notice may be posted at least 10 days prior to the hearing,or prior to the expiration of any deadline contained inthe notice, inat least two locations,one of which shallbethe property upon which the violation is alleged to exist andthe other of which shall be,inthecase of municipalities,atthe primary municipal government office,and in the case of counties,at the front door of the courthouse or the main county governmental center in said coimty. Page 12 of 16 Ord.No.17-15-2224 2.Proof of posting shall beby affidavit of the person posting the notice,which affidavit shall include a copy of the notice posted andthedateand places of its posting, (c)Notice by publication or posting may run concurrently with,or may follow,an attempt or attempts to provide notice by hand delivery orby mail as required under subsection (1). (3)Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1),together with proof of publication or posting as provided in subsection (2), shallbe sufficient to show that the notice requirements of this part have been met,without regard to whether or not the alleged violator actually received such notice. (m)ffi Schedule offines.Fines shallbe imposed for violations of applicable lawsas provided inthe City's Schedule of Fees andFines.Afineshallnot exceed $250.00 perdayforafirst violation and shall not exceed $500.00 per dayfora repeat violation,and,in addition,may include allcosts of oversight of repairs,costs of repairs,andcosts,including reasonable attorneys fees,incurred atall stages of proceedings defending jjjfllffi before the Sspecial Mmaster andin prosecuting orders entered bytheSspecialMmaster.IntheeventtheSspecial Mmaster findsthata violation presents aseriousthreattothe public health,safetyorwelfare, orthe violation is irreparable or irreversible innature,itmayimposeafinenottoexceed $5,000.00 for each violation. First A HHi+ifYnri1kjCL/UIlU./YAJ.U.JL IJLUJLJLCU ; UllCIlbC UJLJLCJUbC UllCJLJL&Ca Class I $1 ^0 00 CQOO 00 <f^00 00vj>l JU.UU J>J\J\J.\J\J \$*j\j\j.\j\j V-/VClglUWli itJta T11 f±rral—ciocjucflllCgulSlgJHKS Otnpr T/ir>lritirrnt2 r\T pnnivnlpnt OTQvifa/yjllJX/k VJLUJLClU.LM.l3 UJL Cl|UlVUiCill gictviiy rinv?IT °00 00 -100 00 ^00 00•K^ttioa 11 JL\J\J .\J\J '~r\J\J.\J\J J\J\J.\J\J f^ppiiTn+innnl lippwrcp.V^L/UUJLJdllUJLJLCU lll/CLldCs dlUdilU.UIlt5U/J UlJUvCU.VCIJUClCb Trash \Jui UdgC /vitiiiictirj Page 13 of 16 Ord.No.17-15-2224 Commercial vehicles inRS zoning district Other violations of equivalent gravity Class III 20&00 325tQ©SOOtOO Overgrown vacant lots Noise Row obstructions Other violations of equivalent gravity Class IV imm 4§&©o soOtO© Triangle of visibility Vacant,unsecured building Other FBC violations Zoning violations/illegal units Construction work without permits Other violations of equivalent gravity Class V 3S&00 SOOtO©SOOtO© Threat to public health,safety and welfare Irreparable or irreversible violations Other violations of equivalent gravity Schedule ofcivil penalties Page 14 of 16 Ord.No.17-15-2224 Violation of the Dangerous Intersection Safety Regulations Code Description of Violation Section $125.00 first offense $250.00 second offense $500.00 each additional offense Civil Penalty (m)In determining the deviation,if any,fromthe scheduled fine,the Sspecial Mmaster 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 topay. (6)The deterrent effect tobe achieved bythefine. Section 3.Codification.The significant provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended;that the sections of this ordinance maybe renumbered or re-lettered to accomplish such intention;andthatthe word "ordinance"may be changed to"section"orother appropriate word. Section 4.Severability.If any section,clause,sentence,or phrase of this ordinance is foranyreasonheldinvalidorunconstitutionalbyacourt of competent jurisdiction,thisholding shallnotaffectthe validity of the remaining portions of thisordinance. Section 5.Ordinances in Conflict.All ordinances orparts of ordinances andall sectionsandparts of sections of ordinancesindirectconflictherewithareherebyrepealed. Section6.EffectiveDate.This ordinance shall become effective upon enactment. PASSED AND ENACTED this 4th_day of August 2015. ATTEST:APPROVED: CITY CLERK 1st Reading-7/14/15 2nd Reading-8/4/15 Page 15 of 16 Ord.No.17-15-2224 READ ANJ^ARPROVED ASTOFORM: LANGUAGE,LEGALITY EXECmpN^HEREOF Page 16 of 16 COMMISSION VOTE:5-0 Mayor Stoddard:Yea Vice Mayor Harris:Yea Commissioner Edmond:Yea Commissioner Liebman:Yea Commissioner Welsh:Yea MIAMIHERALD I MiamiHerald.com SOAPBOX Residents should question proposal to increase density and widen Old Cutler Road Is it true? The supporters of the proposedlandusechange at Old Cutler Road and Southwest 184th Street that wouldallowhighdensity, four-story development there saythat high density is necessary to accommo date future population growthinCutlerBay.They say we must widen Old Cutler Road.They say that high density development will boost the town's reve nuesfrom property taxes. But,isany of this true? A simple review of Cut 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 bletoday's population and more than enough toac commodate futuregrowth 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 nue generated by the de velopment —maybe even resulting ina 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 ail 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 Zarzecki,CutlerBay CITY OF SOUTH MIAMI COURTESY NOTICE NOTICEISHEREBY giventhatthe CityCommission oftheCityofSouthMiami.Florida willconductPublicHearings > atits regulor City Commission meeiinfi scheduled for Tuesday.Awpnt 4.2015 beginning at7:00p.m.,intheCity Commission Chambers,6130SunsetDrive,toconsiderthe following itcm(s); An Ordinance amending the Cityof South Miami Land Development Code,Article VIII,titled "Transit-Oriented Development District,"Section 20-8.3(C)to make corrections andadd use9 permitted In the other TODDdistrictstotheTODD IPI)Public/Institutionalzoning district AnOrdinancecreatingSection 2-4.9 In Chapter2,Article I,oftheCityofSouthMiami's Codeof Ordinances establishing an alternative enforcement procedures for ordinances and statutes pursuant to Chapter 162,Florida Statutes. •AnOrdinance 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 J /certain misdemeanors,to bring the ordinances into compliance with Chapter 162,Florida / /Statutes,to replace the schedule of fines with reference to City's Schedule of Fees end / I Fines and to otherwise update and clarify these Sections and provide a mechanism for the/ \enforcement ofall ordinances./ ALL interestedparties .ire invitedtoattendandwill be heard. Forfurtherinformation.pJcusc contacttheCityClerk*s Officeat:305-663-6340. Maria M.Menendcz.CMC CityClerk PursuanttoFloridaStatutes286.0105.theCityherebyadvisesthepublicthatifapersondecidestoappealanydecision made bythis Board.AgencyorCommissionwithrespecttoanymatterconsideredatitsmeetingor hearing,heorshewill needa recordofthe proceedings,and thai Tor suchpurpose.afleetedpersonmayneedtoensurethataverbatimrecordof the proceedings ismadewhich recordincludes tlictestimony and evidence uponwhich theappealistobe based. SE SUNDAY,JULY 26,2015|33SE Better Care is Here and Now. $30 OFF OFFICE VISIT MDNow provides fast and affordable urgent care. State-of-the art,walk-in medical center 365 days a year/8 a.m.to 8 p.m. A doctor is always on site Major insurance accepted Adults &children welcome Certified &accredited Se habla espanol 22 convenient locations throughout South Florida Treating injuries and illnesses,such as: Broken bones Cuts,scrapes &burns Colds,flu &viral illnesses Bronchitis &pneumonia Urinary tract infections Ear&eye infections Asthma &allergic reactions Auto accident injuries Job-related injuries/ workers'comp MDNOW URGENTCARE Our fully comprehensive urgent care tenters offer: Medical evaluations & screenings School,sports &camp physicals Immunizations &vaccinations Stitches &minor surgery X-rays,labs,IVs&EKGs Physical therapy & ultrasound* Travel health •Select locations. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and Legal Holidays Miami,Miami-DadeCounty,Florida STATE OF FLOR\DA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIAMESA,who on oath says that he or she is the LEGALCLERK,Legal Notices of the MiamiDaily Business Reviewf/k/aMiamiReview,adaily (except Saturday,Sunday and LegalHolidays)newspaper,published atMiamiinMiami-Dade County,Florida;that the attached copyof advertisement, being aLegal Advertisement ofNoticeinthe matter of CITY OF SOUTH MIAMI PUBLIC HEARING -AUGUST 4,2015 in the XXXX Court, was published in said newspaper in the issues of 07/24/2015 Affiantfurther says that the said MiamiDaily Business Reviewisa newspaper published atMiamiin said Miami-Dade County,Florida and that the said newspaper has heretofore been continuously published in said Miami-DadeCounty, Florida,each day (except Saturday,Sunday andLegalHolidays) and has been entered as second class mail matter at the post officeinMiamiin said Miami-Dade County,Florida,fora periodof one year next preceding thefirstpublicationofthe attached copyof advertisement;andaffiant further says thatheor she has neither paidnor promised any person,firmorcorporation anydiscount,rebate,commissionorrefundforthepurpose of securing thjsacjyfigieenrjent for publication inthesaid newspaj (SEAL) MARIA MESA Swo(h to anj^subscribed before me this 24dayofJULY ^r—*A.D.2015 jnally known to me /#X%MERCEDES ZALDIVAR {•!M *)MY COMMISSION #FF029736 ^ift^/'EXPIRES June 20.2017 (407)398-0153 FloridaNotarvServtce.com NOTICE IS HEREBY given that the Citf GomftiSs&fl of the City of iSbifth Miami,M wij conduct &Mo Hearing®at fe regipr 0ityCommissionmee^9^^ui«i^l^^^tAuffi^4,2ms^gimmg ;at 7:00 p.m.,inlhe City Commission GbaliUleisvMOTSUi^Diwei to considerthe following item(s): An Ordnance amending the City ofSouth Miami Land Develop ment Code,Article VIII,titled "Trarislt-OrieriMd Development District0 Section 20*8.3(01 to trial®corrections andadduses permitted Inthejotfter TODD districts to the TODD (PI)Public/ An Ordinance creating Section 2-4.9 in Chapter 2,Article I,of <m*OHy of South Miami's Code of Ordinances establishing an alternative enforcement pnxaduies foro^iattces andstatutes pursuant toChapter 162*Florida Statutes. An Ordinance amending Chapter 2,Article III,titled BOARDS AND COMMITTEES.Sections-2-24and 2^&^aBCommojJate the enforcement ofcivil citations issued for violation ofcertain misdemeanor io bring the ordinances Into compliance with Chapter 162,Florida Statutes,to replaGothftsenedute.of lines with reference to City's Schedule ofFees and Fines and to otherwise update arid clarify these Sections and provide a mec^ariism^rthearifo^^ FotfunT^er^rifori^atidji, 305-663-6346,;. MariaM.Menendez,CMC CttyClerk Pursuant torRorida Statutes 286,0105,the City hereby atfrisesthe public mat ¥a person decides to appealany^eeisjon macfe by this Board*Agency-or Commission with ies|^te«5ymatter considered at. Ks roasting *>r hearing,he orsha will need a leceid of the prcseetfngs,andthat for suctpuipesei effected peison may^te^ens^^ verbatim i*^<rttterpre«xredi^testimony and evidence upon which the appeal ls1o1fe^||^4e5553M