6SoutOOiami n THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
ATTACHMENTS:
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The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
December 15, 2015 Agenda Item NO.:_6.
An Ordinance amending Section 13-28 of the City of South Miami's
Code of Ordinances to provide authority to the City Manager to
repeal a business tax receipt when the City Manager determines
there is a violation of any applicable statute, ordinance, rule or
regulation.
Chapter 13, titled "Licenses" Article 28 titled "Notice of violation,
right to appeal; order to cease and desist business" of the Code of
Ordinances currently does not have a clear sanction to secure
enforcement for violation. Furthermore, it is in the City of South
Miami's best interest to have a means to enforce Section 13-28.
Therefore the City desires to amend Section 13-28 of the Code of
Ordinances to provide authority to the City Manager to repeal a
business tax receipt when the City Manager determines there is a
violation of any applicable statute, ordinance, rule or regulation.
Code of Ordinance, Chapter 13, Article 28.
Sec. 13-28 -Notice of violation; right to appeal; order to cease and desist business.
Whenever the city manager determines that there is a violation of any provision of this chapter or any
other applicable rule or regulation, the city manager shall give notice of such violation to the person or persons
who are responsible for either obtaining the required business tax receipt andlor the required business tax
receipt renewal. Such notice of violation shall:
(I)
(2)
(3)
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Be ~ accordance with the provisions set forth in Chapter 162 of Florida Statutes;
Inform the person to whom it is directed of his or her right to apply for an appeal hearing before the city
commission; and
Instruct the responsible person(s) identified in the violation to immediately cease and desist all
business, occupational, or professional activities on the premises.
(Ord. No. 2054, § 1,9-21-10)
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ORDINANCE NO. ~ _____ _
An Ordinance amending Section 13-28 of the City of South Miami's
Code of Ordinances to provide authority to the City Manager to repeal a
business tax receipt when the City Manager determines there is a
violation of any applicable statute, ordinance, rule or regulation.
9 WHEREAS, there IS no clear sanction to secure enforcement for violation
10 Section 13-28; and
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12 WHEREAS, it is in the City of South Miami's best interest to have a means to
13 enforce Section 13-28; and
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15 WHEREAS, the City desires to amend Chapter 13-28 of the Code of Ordinances
16 to provide authority to the City Manager to repeal a business tax receipt when the City
17 Manager determines there is a violation of any applicable statute, ordinance, rule or
18 regulation.
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20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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23 Section 1. Chapter 13 titled "Licenses", Article 28, titled "Notice of
24 violation; right to appeal; order to cease and desist business" of the Code of Ordinances,
25 City of South Miami, Florida, is hereby amended and shall read as follows:
26 Sec. 13-28. -Notice of violation; right to appeal; order to cease and desist business.
27 Whenever the city manager determines that there is a violation of any provision of
28 this chapter or any other applicable state statute, ordinance, rule or regulation, the city
29 manager, or the manager's designee, shall give notice of such violation to the person or
30 persons who are responsible for either obtaining the required business tax receipt and/or
31 the required business tax receipt renewal. Such notice of violation shall:
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(1) Be in accordance with the provisions set forth in Chapter 162 of Florida
Statutes;
(2) Inform the person to whom it is directed of his or her right to apply for an
appeal hearing before the city commission; and
(3) Instruct the responsible person(s) identified in the violation to immediately
cease and desist all business, occupational, or professional activities on the
premIses.
If such violation is not corrected within 15 days after receipt of the notice of violation,
the City Manager shall vacate the business tax receipt. The violator may appeal the
vacation of the business tax receipt to the City Commission.
44 Section 2. Codification. The provisions of this ordinance shall become and
45 be made part of the Code of Ordinances of the City of South Miami as amended.
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47 Section 3. Severability. If any section, clause, sentence, or phrase of this
48 ordinance is for any reason held invalid or unconstitutional by a court of competent
49 jurisdiction, this holding shall not affect the validity of the remaining portions of this
50 ordinance or the Guidelines adopted hereunder.
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52 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
53 all sections and parts of sections of ordinances in direct conflict herewith are hereby
54 repealed.
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56 Section 5. Effective Date. This ordinance shall become effective upon
57 enactment.
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PASSED AND ENACTED this ~_ day of~~~~_, 20 .
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ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Welsh:
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PROPOSED REVISION
ORDINANCE NO. ______ _
An Ordinance amending Section 13-28 of the City of South Miami's
Code of Ordinances to provide authority to the City Manager to repeal a
business tax receipt when the City Manager determines there is a
violation of any applicable statute, ordinance, rule or regulation.
9 WHEREAS, there IS no clear sanction to secure enforcement for violation
10 Section 13-28; and
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12 WHEREAS, it is in the City of South Miami's best interest to have a means to
13 enforce Section 13-28; and
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15 WHEREAS, the City desires to amend Chapter 13-28 of the Code of Ordinances
16 to provide authority to the City Manager to repeal a business tax receipt when the City
17 Manager determines there is a violation of any applicable statute, ordinance, rule or
18 regulation.
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20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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23 Section 1. Chapter 13 titled "Licenses", Article 28, titled "Notice of
24 violation; right to appeal; order to cease and desist business" of the Code of Ordinances,
25 City of South Miami, Florida, is hereby amended and shall read as follows:
26 Sec. 13-28. -Notice of violation; right to appeal; order to cease and desist business.
27 Whenever the city manager determines that there is a violation of any provision of
28 this chapter or any other applicable state statute, ordinance, rule or regulation, the city
29 manager, or the manager's designee, shall give notice of such violation to the person or
30 persons who are responsible for either obtaining the required business tax receipt andJor
31 the required business tax receipt renewal. Such notice of violation shall:
32 (I) Be in accordance with the provisions set forth in Chapter 162 of Florida
33 Statutes;
34 (2) Inform the person to whom it is directed of his or her right to apply for an
35 appeal hearing before the city commission; and
36 (3) Instruct the responsible person(s) identified in the violation to immediately
37 cease and desist all business, occupational, or professional activities on the
38 premIses.
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40 . If such violation is not corrected within 15 days after receipt of the notice of violation,
41 the City Manager may vacate the business tax receipt. Prior to taking such action, the City
42 Manager or designee shall provide the holder of the business tax receipt the opportunity to
43 present evidence as to why such action should not be taken. If the City Manager detennines due
ITEM # 25
PROPOSED REVISION
1 to the imminent threat of hann to the public health, safe1y or welfare, that emergency corrective
2 action must be immediately taken, a shorter period for corrective action may be directed (less
3 than 15 days), andlor the opportuni1y to present evidence may follow the vacation of the business
4 tax receipt. The Ci1y Manager shall prepare a written order of his actions stating the facts upon
5 which he relies.
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7 The violator may appeal the vacation of the business tax receipt to the City Commission.
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9 Section 2. Codification. The provisions of this ordinance shall become and
lObe made part of the Code of Ordinances of the City of South Miami as amended.
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12 Section 3. Severabili1y. If any section, clause, sentence, or phrase of this
13 ordinance is for any reason held invalid or unconstitutional by a court of competent
14 jurisdiction, this holding shall not affect the validi1y of the remaining portions of this
15 ordinance or the Guidelines adopted hereunder.
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17 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
18 all sections and parts of sections of ordinances in direct conflict herewith are hereby
19 repealed.
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21 Section 5. Effective Date. This ordinance shall become effective upon
22 enactment.
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PASSED AND ENACTED this _._ day of , 20
ATTEST: APPROVED:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Welsh: