Res No 021-23-15955RESOLUTION NO. 021-23-15955
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE
APPOINTMENT OF HAROLD V. HICKEY, ESQ. AS THE
SPECIAL MASTER FOR CODE ENFORCEMENT
HEARINGS; PROVIDING FOR AUTHORIZATION;
CORRECTIONS; IMPLEMENTATION; AND AN
EFFECTIVE DATE.
WHEREAS, Section 2-24 of the City of South Miami (the "City") Code of Ordinances
("Code") c reates the position of Special Master to e nforce the City Code, including the C ity's Land
Development Cod e , occupational license, buil ding, zo ning, s ign, and other related codes and
ordinances; and
WHEREAS, the p ositio n of Special Master is filled by majority vote of the C ity
Comm ission upo n recomme ndation of appo intment by th e City Manager ; and
WHEREAS, Harold V. Hickey, Esq. (the "Contractor") has previously served as the City 's
Special Master for Code E nforcement Hearings and cuITently se rve s as the City 's Special Master
for th e South M iami Traffic Safety Program ; and
WHEREAS, the C i ty is in need of a Special Master for Code E nfo rcem e nt Hearings that
me ets the requirements of Section 2-24 of th e Cod e re quiring the Special Master be an attorney
admitted to practice law in the state of Florida, in good standing w ith the Florida Bar, w ith at least
ten (10) years' experience in zoning, land use , code e nforce ment, or real estate tran sacti ons or
litigation, and w ho possesses a thorough understanding of C ity code e nforcem e nt matters, the C ity
Code, and a ll applicab le laws and regulations; and
WHEREAS, the Contractor has been determined to possess t he qualifications to serve as
a Code Enforcement Special Master fo r the C ity; a nd
WHEREAS, based o n his background , qua lifi cations, and experi e nce, the City Manager
recommends that the Contractor be appo inted as a Special Master fo r the C ity's Code
Page 1 of3
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Res. No. 021-23-15955
Enforcement Hearings for a term of one {I) year at a rate of $150.00 per hour for preparation and
attendance at Code Enforcement Hearings (with a minimum of two hours per hearing); and
WHEREAS, the City Commission desires to approve the appointment of the Contractor
as a Special Master for the City and authorize the City Manager to negotiate and execute an
agreement with the Contractor in substantially the form attached hereto as Exhibit "A" pursuant
to Section 2-24 of the City Code; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Approval. Pursuant to Section 2-24 of the City Code, the City Commission
hereby approves the appointment of the Contractor as a Code Enforcement Special Master for the
City.
Section 3. Authorization. That the City Commission hereby authorizes the City
Manager to negotiate and execute an agreement with the Contractor in substantially the form
attached hereto as Exhibit "A," subject to approval by the City Attorney as to form, content, and
legal sufficiency. The City Manager is further authorized to take any action which is reasonably
necessary to implement the intent and purpose of this Resolution.
Section 4. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Page 2 of3
Res. No. 021 -23-15955
Section 5. Implementation. T ha t the C ity Manager is authorized to execute any
required documentation or take any action that is reasonably necessary to implement the purpose
of this Res olution.
Section 6. Effective Date. This Reso lution s ha ll become effecti ve immediately upon
adoption.
PASS ED AND ADOPT ED this 21 st day of February , 2023.
ATTEST:
READ AND APPROV ED AS TO FORM ,
LANGUAGE , LEGALITY AND
EXECUT ION THEREOF
~
WE ISS SEROTA HELFMAN COLE
& BIERMAN , P.L.
CITY ATTORNEY
APPROVED:
MAYe___/
COMM ISSI ON VOTE:
Mayor Fe rn andez:
V ice Mayo r Bonich:
Co mmi ssio ner Calle:
Co mmi ss ioner Liebman:
Co mmi ssioner Co re y:
Page 3 of3
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:5.
City Commission Agenda Item Report
Meeting Date: February 21, 2023
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE
APPOINTMENT OF HAROLD V. HICKEY, ESQ. AS THE SPECIAL MASTER FOR CODE ENFORCEMENT
HEARINGS; PROVIDING FOR AUTHORIZATION; CORRECTIONS; IMPLEMENTATION; AND AN EFFECTIVE
DATE. 3/5 (CITY MANAGER)
Suggested Action:
Attachments:
Memo_Code_Special_Magistrate__3_.docx
45Z1667-Resolution Appointing Harold Hickey as Code Enforcement Special Master CAv2.docx
HVH Bio.pdf
Hickey_Agreement - TR edit.docx
South Miami Code of Ordinances 2-24 and 2-25.pdf
1
CONTRACT BETWEEN CITY OF SOUTH M IAMI
AND HARO LD V. HICKEY, ESQUIRE
This contract (the "Co nt r act") i s made and entered into this 7 day o~23
between the City of South M iami (the "City"), a Fl orida municipa l corporation, l ocated at 6130
Sunset Drive, South Miam i, Fl orida 33143 Ha r o ld V. Hickey, Esq. (the "Special Master"),
i ndividually, located at 7800 Red Road, Suite 305, South Miami, FL 33043.
WITNESSTH:
WHER EAS, the City desires to engage and retain the services of the Special Master to perform
Special Master se rv i ces as described i n this contract and the Special Master des i res to accept
the engagement; and,
NOW THEREFO RE, i n consideration of the sum Ten dollars ($10.00), the mutual promises and
covenants conta ined in this contract, and for other good and va l uable considerat i on, the
receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as
follows,
1. RECITALS
1.1. The above recita l s are incorporated herein and made a part of this Contract by
reference.
2. SCOPE OF WORK
2.1. The scope of work for this project shall be as provided within the City's Code of
Ordinances (the "Code"), Sect ions 2-24 and 2-25, herein attached, and as set forth in
the Special Master's agenda issued by the City . Work shall commence upon the
issuance and transmitta l of an agenda by the City to the Specia l Master.
3. COMMENCEMENT DATE AND TERM
3.1. The term shall commence upon date of the execution of this Contract and shall run for
o n e (1) year from the effective date. This Contract shall be deemed renewed for o ne or
more additional years provided the City Commission reappoints the Specia l Master as
provided in Sections 2-24(d) and (f) of the Code.
3.2. Work shal l commence upon the issuance of an agenda by the City. Work shall proceed
in substantial comp liance with the schedu le of services contained in the scope of work
and as p rovided in the agenda issued by the City.
4 . PAYM ENT
------------------------
4.1. The City shall pay the Special Master one hundred fifty dollars ($150.00) per hour for
attendance at hearings and preparation of orders of the special master as provided in
Section 2-24(h) of the City's Code of Ordinances.
4.2. The City shall not be liable to pay, and shall not pay, charges for extra work, delay
charges, or additional work, unless the City Manager specifically authorizes the extra or
additional work, in a written ord~r before the· commencement of the work. In no event
shall the total amount paid under this contract exceed the annual budgeted amount of
ten thousand dollars ($10,000) unless approved by resolution of the City Commission.
5. TRANSFER AND ASSIGNMENT
5.1. None of the work or services under this Contract shall be subcontracted unless the
Special Master obtains prior written consent from the City. Approved subcontractors
shall be subject to each provision of this contract and the Special Master shall be
responsible and indemnify the City for all subcontractors' acts, errors or omissions.
5.2. The Special Master shall not assign, transfer or pledge any interest in this contract,
however, claims for money by the Special Master from the City under this Contract may
be assigned, transferred or pledged to a bank, trust company, or other financial
institution without the City's approval. Written notice of any assignment, transfer or
pledge of funds shall be furnished by the Special Master to the City within ten (10) days
of the assignment, transfer or pledge. The City, acting pursuant to any such written
notice, shall not be liable to the Special Master or any other party, for providing
payment consistent with the written notice.
6. TERMINATION FOR CONVENIENCE
6.1. Either party may terminate this Contract for convenience at any time by giving ten
days' notice in writing to the other party. The Special Master shall complete hearings
that have been commenced by the Special Master prior to the notice of termination
and shall be paid for all satisfactory work completed.
6.2. The City shall have no liability to the Special Master for consequential damages,
including lost profits in the event of termination for convenience or otherwise.
7. INTEREST PAYMENTS DUE TO LATE PAYMENT
7.1. The City shall make payment to the Special Master within thirty (30) days of receipt of
the original written invoice.
7.2. The Special Master shall not be entitled to any carrying charges or finance fee due to
late payment by the City.
8. LIENS
8.1. The Special Master is prohibited from placing a lien on City's property.
9. INDEPENDENT CONTRACTOR
9.1. The Special Master is furnishing his services as an independent contractor and
nothing in this Contract shall create any employer-employee relationships,
association, partnership or joint venture between the parties.
9.2. As an Independent contractor Special Master agrees and acknowledges that he is
not an employee of the City of South Miami and therefore not entitled to participate
in or benefit from City of South Miami Pension Plan or insurance plan.
10. INDEMNIFICATION
10.1. The Special Master shall defend, indemnify and hold the City harmless from any and
all claims, liability, losses, expenses, and cause of action arising out any of any act or
ommission by the Special Master whether such act or omission is negligent, or
constitutes intentional misconduct or malfeasance.
11. JURISDICTION AND VENUE
11.1. This Contract shall be construed under Florida law. Venue shall be exclusively in
Miami Dade County, Florida.
12. SOVEREIGN IMMUNITY AND NON-JURY TRIAL
12.1. The City does not waive sovereign immunity for any claim or for an award of
prejudgment interest for any matter relating to this Contract or in connection with
the services rendered by the Special Master hereunder.
12.2. THE PARTIES IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING
ARISING OUT OF OR RELATING TO THIS CONTRACT.
13. NOTICES
13.1. All notices given or required under this Contract shall be deemed sufficient if sent by
certified mail, return receipt requested, or by electronic mail, to the addresses of the
Special Master and to the City at the addresses specified in this Contract, unless
either party shall provide notice in writing to the other party of a different address
for the giving of the notices.
13.2. For the purposes of this Contract, the addresses of the parties for all notices are as
follows:
17. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY
17.1. The Special Master warrants that neither he, nor any principal, employee, agent,
representative or family member of his, has promised to pay , and the Special Master
has not, and will not, pay, a fee that is contingent upon the City awarding this
contract to the Special Master.
17.2. The Special Master warrants that neither he nor any of his principals, employees,
agents, representatives or family member has procured, or attempted to procure,
this contract in v iolation of any of the provisions of the M iam i-Da de County or the
City of South Miami conflict of interest code or ethics ordinances.
17.3. A violation of this section sh all re sult in the termination of the Contract by the City
and forfeiture of funds paid, or to be paid, to the Specia l Master.
18. MISCELLANEOUS
18.1. The Parties acknowledge and agree that: (i) each Party has participated fully in the
negotiation and preparation of this Agreement, and (ii) each Party ha s carefully
reviewed th is Agreement and is entering into this Agreement freely. Accord in gly,
this Agreement shall not be more strict ly construed against either Party.
18.2. This Agreement may be executed in counterpart orig inal s w ith the same force and
effect as if ful ly and simulta n eous ly executed as a single origina l document.
18.3. This Agreement shall continue in force until modified or terminated by the Parties.
18.4. This Agreement may be amended, modified, or terminated only in writing sign ed by
all Parties hereto. Thi s Agreement shall not be modified or terminated by any oral
statement, communication, agreement, course of conduct, or by anything othe r
than a writi ng signed by the Parties.
IN WITNESS WHEREOF, t h e parti es hereto, acting individu al ly or through their duly authorized
officers, have executed this contract on or before the date first above written.
City of South Miami
By ~
Genaro "Chip" Igle sia s
City Manager
ATTEST:
Special Master
By:0~~ 0
Nke¥ Payne?
City Clerk
Read and approved as to Form, Language,
Lega lity and Execution The r eo f:
By ~•
CitvJ\orney
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:February 21, 2023
SUBJECT:A Resolution appointing Harold V. Hickey, Esq. as the Code Enforcement Special
Master for the City of South Miami at a rate of $150 per hour, with a two-hour
minimum per hearing.
BACKGROUND:The City adopted Ordinance 2-24 creating the position of Special Master
for the City to enforce the City’s ordinances including the City’s Land
Development Code, occupational license, building, zoning, sign, and other
related codes and ordinances.
Harold V. Hickey was previously approved by the City Commission to serve
as the Code Enforcement Special Master and currently serves as the
Magistrate for the City’s South Miami Traffic Safety Program. Mr. Hickey
was admitted to the Florida Bar in 1990.
Based on his background and experience, the City Manager recommends
Harold Hickey, Esq.be appointed to provide Special Master (Magistrate)
services to the City of South Miami.
Ordinance 2-24 states the Special Master’s term of appointment shall be
limited to one (1) year. The Special Master may be reappointed after the
one-year period. Compensation is set via 2-21(h)at a rate not to exceed
one hundred fifty dollars ($150) per hour for attendance at hearings. Mr.
Hickey will not charge travel time to the hearing but will be reimbursed for
a minimum of two (2) hours per hearing.
FUNDING:The expenditure shall be charged to the Code Enforcement Contractual-
Special Magistrate line item with a current balance of $9,700.
ATTACHMENTS:Resolution
Biography -Harold Hickey, Esq.
2
BIOGRAPHY
OF
HAROLD V. HICKEY, ESQUIRE
Harold V . Hickey, Esq., is a graduate of the Un iversity of Miami Law S chool. He was sw orn into
the Florida Bar in 1 990. Ad ditionally, he is a memb er of the U.S. District Co urt for the Sou thern
District of Florida as well as the Wa shington D .C. Bar. He is an active memb er of the Proba te
Section of the Dade County Bar association having received various accolades for his service. He
has sat on the Board of Directors for the Florida Academy of Elder Law Attorneys; is a member of
the Elder Law Section of the Florida Bar; a former Legislative Chairman of the Elder Law Section
of the Flo rida B ar; and a mem ber of th e Rea l Prop erty Prob ate Sec tion o f the Florid a Bar.
He was appointed special magistrate by the chief judge of the Eleventh Judicial Circuit in Miami
Florida in 1998. He is active to date. As such, he conducts evidentiary hearings in Baker Acts,
March man A cts as well as variou s other matters. He h as acted as bo th Special A ssistant Pub lic
Defender and Special Assistant State Attorney in these matters when necessary. With regard to the
Baker Act, since 1996, he has acted as a guardian advocate for those respondents that lack the
requisite mental faculties to understand the need and/or effect of psychotropic medications and has
trained others to do same.
From 2014 to 2019, he acted as Special Magistrate for the City of South Miami’s Code
Enforcem ent Adm inistrative Hearings. He p resently is the Special M agistrate For the City of South
Miami’s Red Light Camera Safety Program.
He maintains a private practice with a focus in Elder Law- wills, trusts, estates, mental health and he
litigates of each specific area. In addition, he is the Assistant Regional Counsel Division Chief of
the Men tal Health Div ision of the O ffice of Criminal C onflict and C ivil Regional C ounse l Third
Region of Florida where he manages a full staff, coordinates evidentiary hearings and litigates them
as well. The mainstay of the issues are focused on Adult Protective Service, Adjudications of
Capacity, Appointment of Guardians, Suggestion of Capacity, Tuberculosis Commitment, Baker
Act Comm itment as well as Developmentally Disabled issues.
6
CONTRACT BETWEEN CITY OF SOUTH MIAMI
AND HAROLD V. HICKEY, ESQUIRE
This contract (the “Contract”) is made and entered into this ________ day of ________ 2023
between the City of South Miami (the “City”), a Florida municipal corporation, located at 6130
Sunset Drive, South Miami, Florida 33143 Harold V. Hickey, Esq. (the “Special Master”),
individually, located at 7800 Red Road, Suite 305, South Miami, FL 33043.
WITNESSTH:
WHEREAS, the City desires to engage and retain the services of the Special Master to perform
Special Master services as described in this contract and the Special Masterdesires to accept the
engagement; and,
NOW THEREFORE, in consideration of the sum Ten dollars ($10.00), the mutual promises and
covenants contained in this contract, and for other good and valuable consideration, the receipt
and legal sufficiency of which is acknowledged by both parties, the parties agree as follows,
1. RECITALS
1.1. The above recitals are incorporated herein and made a part of this Contract byreference.
2. SCOPE OF WORK
2.1. The scope of work for this project shall be as provided within the City's Code of
Ordinances (the “Code”), Sections2-24 and 2-25, herein attached, and as set forth in the
Special Master's agenda issued by the City. Work shall commence upon the issuance and
transmittal of an agenda by the City to the Special Master.
3. COMMENCEMENT DATE AND TERM
3.1. The term shall commence upon date of the execution of this Contract and shall run for
one (1) year from the effective date. This Contract shall be deemed renewed for one or
more additional years provided the City Commission reappoints the Special Master as
provided in Sections 2-24(d) and (f) of the Code.
3.2. Work shall commence upon the issuance of an agenda by the City. Work shall proceed in
substantial compliance with the schedule of services contained in the scope of work and
as provided in the agenda issued by the City.
4. PAYMENT
7
4.1. The City shall pay the Special Master one hundred fifty dollars ($150.00) per hour for
attendance at hearings and preparation of orders of the special master as provided in
Section 2-24(h) of the City's Code of Ordinances.
4.2. The City shall not be liable to pay, and shall not pay, charges for extra work, delay
charges, or additional work, unless the City Manager specifically authorizes the extra or
additional work, in a written order before the commencement of the work. In no event
shall the total amount paid under this contract exceed the annual budgeted amount of
ten thousand dollars ($10,000) unless approved by resolution of the City Commission.
5. TRANSFER AND ASSIGNMENT
5.1. None of the work or services under this Contract shall be subcontracted unless the
Special Master obtains prior written consent from the City. Approved subcontractors
shall be subject to each provision of this contract and the Special Master shall be
responsible and indemnify the City for all subcontractors' acts, errors or omissions.
5.2. The Special Master shall not assign, transfer or pledge any interest in this contract,
however, claims for money by the Special Master from the City under this Contract may
be assigned, transferred or pledged to a bank, trust company, or other financial
institution without the City's approval. Written notice of any assignment, transfer or
pledge of funds shall be furnished by the Special Master to the City within ten (10) days
of the assignment, transfer or pledge. The City, acting pursuant to any such written
notice, shall not be liable to the Special Master or any other party, for providing payment
consistent with the written notice.
6. TERMINATION FOR CONVENIENCE
6.1. Either party may terminate this Contract for convenience at any time by giving ten days’
notice in writing to the other party. The Special Master shall complete hearings thathave
been commenced by the Special Master prior to the notice of termination and shall be
paid for all satisfactory work completed.
6.2. The City shall have no liability to the Special Master for consequential damages, including
lost profits in the event of termination for convenience or otherwise.
7. INTEREST PAYMENTS DUE TO LATE PAYMENT
7.1. The City shall make payment to the Special Master within thirty (30) days of receipt of
the original written invoice.
7.2. The Special Master shall not be entitled to any carrying charges or finance feedue to late
payment by the City.
8. LIENS
8
8.1. The Special Master is prohibited from placing a lien on City's property.
9. INDEPENDENT CONTRACTOR
9.1.The Special Master is furnishing his services as an independent contractor andnothing
in this Contract shall create any employer-employee relationships, association,
partnership or joint venture between the parties.
9.2.As an Independent contractor Special Master agrees and acknowledges that heis not
an employee of the City of South Miami and therefore not entitled to participate in or
benefit from City of South Miami Pension Plan or insurance plan.
10. INDEMNIFICATION
10.1. The Special Master shall defend, indemnify and hold the City harmless from any and
all claims, liability, losses, expenses, and cause of action arising out any of any act or
ommission by the Special Master whether such act or omission is negligent, or
constitutes intentional misconduct or malfeasance.
11. JURISDICTION AND VENUE
11.1. This Contract shall be construed under Florida law. Venue shall be exclusively in Miami
Dade County, Florida.
12. SOVEREIGN IMMUNITY AND NON-JURY TRIAL
12.1. The City does not waive sovereign immunity for any claim or for an award of
prejudgment interest for any matter relating to this Contract or in connection with
the services rendered by the Special Master hereunder.
12.2. THE PARTIES IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING
ARISING OUT OF OR RELATING TO THIS CONTRACT.
13. NOTICES
13.1. All notices given or required under this Contract shall be deemed sufficient if sent by
certified mail, return receipt requested, or by electronic mail, to the addresses of the
Special Master and to the City at the addresses specified in this Contract, unless either
party shall provide notice in writing to the other party of a different address for the
giving of the notices.
13.2. For the purposes of this Contract, the addresses of the parties for all notices are as
follows:
9
To the City:City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Attention: City Manager
email: citymanager@southmiamifl.gov
To the Special Master:Harold V. Hickey, Esq.
7800 Red Road, Suite 305
South Miami, Florida 33143
Attn: Harold V. Hickey, Esq
email: haroldvhickey@bellsouth.net
14. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORD
14.1. The City, or any of its duly authorized representative, shall, until 3 years after final
payment under this Contract, have access to and the right to examine any of the
Special Master's books, ledgers, documents, papers, or other records involving
transactions relatedto this contract for the purpose of making, examination, excerpts,
and copies. All documents, reports, or other records, including electronic records,
resulting from the services rendered by the Special Master under this contract shall
be deemed the property of the City and the City shall have all rights incident to this
ownership. The Special Master acknowledges that all documents prepared under this
contract shall be public records, and shall be subject to public inspection and copying,
as provided by the Florida Statutes Chapter-119. Upon conclusion of this contract, all
documents shall be delivered by the Special Master to the City. The Special Master
shall have the right to retain copies of the documents at the SpecialMaster's expense.
15. SEVERABILITY
15.1. Should any paragraph or any part of any paragraph of this Contract be determined to
be void, invalid or unenforceable by any court of competent jurisdiction, for any
reason, that determination shall not render void, invalid or unenforceable any other
section or part of any section of this contract.
16. ENTIRE CONTRACT
16.1. The Contract, when signed by all of the parties, constitutes the full and complete
understanding of all parties and shall not be in any manner interpreted in
contradiction of the express terms of the Contract. This Contract and the incorporated
attachments, if any, constitute the entire understandings, oral or written, between
the parties.
17. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY
10
17.1. The Special Master warrants that neither he, nor any principal, employee, agent,
representative or family member of his, has promised to pay, and the Special Master
hasnot, and will not, pay,a fee that is contingent upon the City awarding this contract
to the Special Master.
17.2. The Special Master warrants that neither he nor any of his principals, employees,
agents, representatives or family member has procured, or attempted toprocure, this
contract in violation of any of the provisions of the Miami-Dade County or the City of
South Miami conflict of interest code or ethics ordinances.
17.3. A violation of this section shall result in the termination of the Contract by the City
and forfeiture of funds paid, or to be paid, to the Special Master.
18. MISCELLANEOUS
18.1. The Parties acknowledge and agree that: (i) each Party has participated fully in the
negotiation and preparation of this Agreement, and (ii) each Party has carefully
reviewed this Agreement and is entering into this Agreement freely. Accordingly, this
Agreement shall not be more strictly construed against either Party.
18.2. This Agreement may be executed in counterpart originals with the same force and
effect as if fully and simultaneously executed as a single original document.
18.3. This Agreement shall continue in force until modified or terminated by the Parties.
18.4. This Agreement may be amended, modified, or terminated only in writing signed by
all Parties hereto. This Agreement shall not be modified or terminated by any oral
statement, communication, agreement, course of conduct, or by anything other than
a writing signed by the Parties.
IN WITNESS WHEREOF, the parties hereto, acting individually or through their duly authorized
officers, have executed this contract on or before the date first above written.
City of South Miami Special Master
By: _____________________________________________________________
Genaro “Chip” Iglesias Harold V. Hickey, Esq.
City Manager
ATTEST:
11
By: _____________________________
Nkenga Payne
City Clerk
Read and approved as to Form, Language,
Legality and Execution Thereof:
By: ______________________________
City Attorney
12
2/15/23, 2:52 PM South Miami, FL Code of Ordinances
about:blank 1/11
(a)
(b)
(c)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(d)
(e)
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(3)
Sec. 2-24. - Special master.
Pursuant to the constitutional home rule powers granted to municipalities by the Florida
constitution, and F.S. ch. 166 and ch. 162, the city creates the position of special master for the
city 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 city and all
ordinances of Miami-Dade County and statutes of the state that the city is authorized to enforce,
unless an alternative enforcement method is designated by an ordinance.
All procedure and conduct of hearings shall be as provided in section 2-25 of this Code. The city
attorney shall serve as counsel to the city in the defense of appeals to and enforcement actions
before the special master if the accused violator is represented by legal counsel, otherwise the
head of the code enforcement division, or his or her designee, shall present the city's case in all
actions before the special master. The city attorney shall have the power, upon approval by the
city commission, to initiate civil actions for declaratory and injunctive relief, and orders to compel,
and to commence any other action to enforce civil fines, correction orders and orders of the
special master. The city manager shall have the power to compromise and settle fines and
penalties.
The special master shall have the powers to:
Adopt rules for the conduct of its hearings.
Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the
sheriff of the county or police department of the municipality.
Reserved.
Subpoena evidence to its hearings.
Take testimony under oath.
Issue orders having the force of law to command whatever steps are necessary to bring a
violation into compliance.
Compromise and settle fines and penalties, concurrent with the city manager.
Appointment of a special master upon recommendation of the city manager with a majority vote
from the city commission who will appoint a designated person for this particular position and
who shall be authorized to hold hearings, impose, uphold and/or mitigate fines, liens, and other
non-criminal penalties against violators of city and/or county codes and ordinances.
Qualifications for special master:
Be a retired state judge; or
A member in good standing of the Florida Bar, with at least ten (10) years' experience in
zoning, land use, code enforcement, or real estate transactions or litigation;
No more than three (3) special masters shall be appointed for service for any one-year period.
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(f)
(g)
(h)
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(d)
Term. A special master's term of appointment shall be limited to one (1) year. A special master
may be reappointed as provided for under subsection (d). If a special master is unable to hear a
case due to conflict of interest or any other reason, the case shall be assigned to another special
master.
Removal of special master. The city commission at its sole discretion may remove a special
master from office at any time.
Compensation. A special master shall be compensated at a rate not to exceed one hundred fifty
dollars ($150.00) per hour for attendance at hearings and preparation of orders of the special
master.
(Ord. No. 1280, § 2, 8-4-87; Ord. No. 1687, § 1, 6-8-99; Ord. No. 1790, § 1, 3-18-03; Ord. No. 2183, § 1, 4-1-14;
Ord. No. 2224, § 1, 8-4-15)
Sec. 2-25. - Code enforcement procedures.
Intent. It is the purpose of this section to provide for code enforcement pursuant to the authority
granted to the city by F.S. ch. 162 concerning code enforcement boards/special magistrates.
Definitions. The following words, for the purpose of interpreting this Section, shall have the
meaning set forth opposite the word.
"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 it is to enforce
the applicable laws.
"Special magistrate" shall also mean special master and the word special master shall be used
interchangeable with the word special magistrate.
"Special master" shall mean the official who shall be designated by the city to hold quasi-
judicial hearings concerning violations of the city ordinances.
"Citation" shall mean a notice issued by the code enforcement officer to a person who, in the
opinion of the code enforcement officer, has violated a city ordinance.
Authority of code enforcement officers. Code enforcement officers are charged with enforcing
the city's non-criminal ordinances, including those concerning occupational licenses, buildings,
zoning, and signs, and all ordinances of the county and statutes of the state that the city is
authorized to enforce civilly. Code enforcement officers, unless they are also 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 this section, be treated in the same manner as the issuance of
a civil citation by a code enforcement officer who is not a certified law enforcement officer.
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(e)
(1)
(2)
a.
b.
c.
d.
e.
f.
g.
h.
i.
Civil offenses. The violation of any section of the city's ordinances, unless otherwise provided in that
section, shall constitute a civil offense punishable by civil penalty in the amount prescribed in the city's
schedule of fees and fines. Failure to correct a violation, pay an administrative fee and fine, or otherwise
comply with lawful direction by the code enforcement officer or order of the special master may subject a
violator and, or, property owner to civil actions taken in the name of the special master or the city, upon
approval by the city commission, including, but not limited to those seeking a declaratory judgment,
injunctive relief, an order to abate a nuisance, to take corrective action, to compel payment, to foreclose a
lien on the property that is subject to the citation or order of the special master, or to foreclose a lien on
any personal or other real property of the violator, or to take any other civil action to compel compliance.
The city is authorized to withhold the issuance of any occupational license, land use and development
approvals, including, but not limited to, re-zoning, zoning amendment, special exception, special use,
variance, building permit, final inspection approval, and temporary or final certificate of occupancy and use
until the violation is corrected and all fines and fees are paid and mitigation, if applicable, is accomplished.
Citations.
A code enforcement officer is authorized to issue a civil citation to a person when, based
upon personal investigation, the officer has reasonable cause to believe that the person has
committed a civil violation of an applicable law.
A citation shall contain:
The date and time of issuance.
The name and address of the person to whom the citation is issued.
The date and time the violation was committed.
The facts constituting reasonable cause to believe a violation has occurred.
The section or paragraph of the applicable law violated.
The name of the code enforcement officer and a reference to this section as his/her
authority.
A description of what is needed to correct the violation and how to request in writing a
compliance inspection by the code enforcement officer.
The procedure to pay the civil penalty.
If the applicable fine is less than two hundred fifty dollars ($250.00) per day, a statement
that if the person fails to pay the applicably fine and if the violator is found guilty of the
violation by the special master that a penalty of up to two hundred fifty dollars ($250.00)
per day for the first offence and five hundred dollars ($500.00) per day for a repeat
offense may be imposed 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 five thousand dollars ($5,000.00).
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j.
k.
(3)
(4)
(5)
(6)
(7)
(f)
The amount of the applicable fine if the violation is not corrected within the time allowed.
Whether the civil penalty is a one time fine and or daily continuing fine.
Continuing fines may be imposed for those violations which remain uncorrected beyond the
prescribed time period for correction as set forth in the civil citation or in the order of the
special master. 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.
"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 five (5) years prior to the violation, notwithstanding the violations occur
at different locations or as may defined in F.S. ch. 162.
In cases where a violation presents a serious threat to the public health, safety or welfare, the
code enforcement officer may also request a special meeting of the special master and the
city manager for the purposes of correcting the violation by, among other things, providing
oversight of the corrective action by the violator or property owner, undertaking corrective
action by the city in response to the violation, and authorizing legal action against the violator
and, or, property owner.
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 clerical staff, shall schedule a hearing and
shall provide notice pursuant to F.S. 162.12. The case may be presented to the special master
even if the repeat violation has been corrected prior to the hearing, and the notice shall so
state. If the repeat violation has been corrected, the special master retains the right to
schedule a hearing to determine costs and impose the payment of reasonable enforcement
fees upon the repeat 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.
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.
Notice of civil infraction. The code enforcement officer shall issue a civil citation to the person
who has violated an applicable law, shall issue the applicable fine for the 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 the violator is not the owner of the real
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(g)
(h)
(1)
(2)
a.
b.
c.
(3)
(4)
(5)
(6)
(7)
property on which the violation occurs, the code enforcement officer may also give notice to the owner or
to the owner's agent or representative. The time period to correct the violation shall not exceed thirty (30)
days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected
the violation within the time period specified in the civil citation, or the time specified in an order of the
special master, or has failed to pay the initial fine, the code enforcement officer shall proceed with
enforcement proceedings.
Criminal penalty for willful refusal to sign and accept citation. Any person who willfully refuses to
sign and accept a citation shall be guilty of a misdemeanor of the second degree, punishable as
provided in F.S. § 775.082 or § 775.083.
Hearings before special master.
All hearings before the special master shall be conducted as quasi-judicial hearings. All
witnesses shall be sworn to tell the truth under penalty of perjury and the testimony shall be
recorded. The special master shall take testimony from the 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 to the proceedings strictly, due process and
fundamental fairness shall be accorded to all alleged violators. Hearsay testimony may be
considered to give weight or credibility to other evidence, but no order shall be entered based
solely on hearsay testimony.
The special master shall determine whether:
The person and, or, the property owner were properly served with the civil citation and
notice of hearing.
The citation adequately identifies facts constituting reasonable cause and the section or
paragraph of the applicable law violated.
The special master shall consider all the evidence presented during the hearing.
The record shall consist of the code enforcement file, the testimony of the code enforcement
officer who issued the civil citation and any other evidence accepted by the special master.
The special master shall base its determination on substantial, competent evidence in the
record.
An audio tape and written minutes summarizing the actions of the special master shall be
made.
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 F.S. § 162.09(3).
The special master shall proceed to hear the cases on the agenda for that day.
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(8)
(i)
(1)
(2)
(3)
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 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 F.S. § 162.09(1), the cost shall be included along
with the fine. A certified copy of each and every order that issue 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.
Enforcement procedure.
It shall be the duty of the code enforcement officer to initiate enforcement proceedings of the
various codes.
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 F.S. § 162.12 to said violator. At the option of the special master or
city's code enforcement division, notice may additionally be served by publication or posting
as provided in F.S. § 162.12. 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.
If a repeat violation is found, the code enforcement officer shall notify the violator but is not
required to give the violator a reasonable time to correct the violation. The code enforcement
officer, upon notifying the violator of a repeat violation, shall notify the special master and
request a hearing. The special master, through its staff or that of the city's code enforcement
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(4)
(5)
i.
ii.
iii.
iv.
v.
(j)
(1)
division, shall schedule a hearing and shall provide notice pursuant to F.S. § 162.12. The case may be
presented to the special master even if the repeat violation has been corrected prior to the board hearing,
and the notice shall so state. If the repeat violation has been corrected, the special master, through its staff
or that of the city's code enforcement division, shall schedule a hearing to determine costs and impose the
payment of reasonable enforcement fees upon the repeat violator. A written notice of such hearing shall be
hand delivered or mailed as provided in F.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.
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.
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:
Disclose, in writing, the existence and the nature of the proceeding to the prospective
transferee.
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 to the code enforcement
proceeding received by the transferor.
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.
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 five (5) days after the date of the transfer.
A failure to make the disclosures described in paragraphs (i), (ii), and (iii) before the
transfer creates a rebuttable presumption of fraud pursuant to F.S. ch. 162. If the
property is transferred before the hearing, the proceeding shall not be dismissed, but the
new owner shall be provided a reasonable period of time to correct the violation before
the hearing is held.
Election to pay fine.
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
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(2)
(k)
(1)
(2)
(a)
(b)
1.
2.
3.
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.
Administrative fines; costs of repair; liens.
A special master, upon notification by the code enforcement officer that an order of the
special master has not been complied with by the set time by the special master or upon
finding that a repeat violation has been committed, may order the violator to pay a fine in an
amount specified in this section for each day the violation continues past the date set by the
special master for compliance or, in the case of a repeat violation, for each day the repeat
violation continues, beginning with the date the repeat violation is found to have occurred by
the code enforcement officer. In addition, if the violation is a violation described in F.S. §
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 the repairs along with the fine imposed pursuant to this section. Making
such repairs does not create a continuing obligation on the part of the city to make further
repairs or to maintain the property and does not create any liability against the city for any
damages to the property if such repairs were completed in good faith. If a finding of a
violation or a repeat violation has been made as provided in this part, a hearing shall not be
necessary for issuance of the order imposing the fine. If, after due notice and hearing, the
special master finds a violation to be irreparable or irreversible in nature, it may order the
violator to pay a fine as specified in paragraph (2)(a).
Fines.
A fine imposed pursuant to this section shall not exceed two hundred fifty dollars
($250.00) per day for a first violation and shall not exceed five hundred dollars ($500.00)
per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to
subsection (1). However, if the special master finds the violation to be irreparable or
irreversible in nature, it may impose a fine not to exceed five thousand dollars ($5,000.00)
per violation.
In determining the amount of the fine, the special master shall consider the following
factors:
The gravity of the violation;
Any actions taken by the violator to correct the violation; and
Any previous violations committed by the violator.
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(c)
(d)
(3)
(l)
(m)
[(n)]
(1)
(a)
The special master may reduce a fine imposed pursuant to this section.
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 [this]
subsection.
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 fine imposed pursuant to this section runs in
favor of the city, and the city may execute a satisfaction or release of lien entered pursuant to
this section. After three (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
section 4, Article 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 section 4(a),
Article X of the State Constitution.
In an action to foreclose on a lien or for a 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 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.
Appeals. Pursuant to F.S. § 162.11, an aggrieved party, including the City, may appeal a final
administrative order of an enforcement board to the circuit court. Such an appeal shall not be a
hearing de novo but shall be limited to appellate review of the record created before the
enforcement board. An appeal shall be filed within thirty (30) days of the execution of the order
to be appealed.
Notices.
Pursuant to F.S. § 162.12, all notices required by this part must be provided to the alleged
violator by:
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(b)
(c)
(d)
(2)
(a)1.
2.
(b)1.
2.
(c)
(3)
Certified mail, and at the option of the local government return receipt requested, to the address listed in
the tax collector's office for tax notices or to the address listed in the county property appraiser's database.
The local government may also provide an additional notice to any other address it may find for the
property owner. For property owned by a corporation, notices may be provided by certified mail to the
registered agent of the corporation. If any notice sent by certified mail is not signed as received within
thirty (30) days after the postmarked date of mailing, notice may be provided by posting as described in
subparagraphs (2)(b)1. and 2.;
Hand delivery by the sheriff or other law enforcement officer, code inspector, or other
person designated by the local governing body;
Leaving the notice at the violator's usual place of residence with any person residing
therein who is above fifteen (15) years of age and informing such person of the contents
of the notice; or
In the case of commercial premises, leaving the notice with the manager or other person
in charge.
In addition to providing notice as set forth in subsection (1), at the option of the code
enforcement board or the local government, notice may be served by publication or posting,
as follows:
Such notice shall be published once during each week for four (4) consecutive weeks
(four (4) publications being sufficient) in a newspaper of general circulation in the
county where the code enforcement board is located. The newspaper shall meet such
requirements as are prescribed under chapter 50 for legal and official advertisements.
Proof of publication shall be made as provided in ss. 50.041 and 50.051.
In lieu of publication as described in paragraph (a), such notice may be posted at least
ten (10) days prior to the hearing, or prior to the expiration of any deadline contained
in the notice, in at least two (2) locations, one (1) of which shall be the property upon
which the violation is alleged to exist and the other of which shall be, in the case of
municipalities, at the 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
county.
Proof of posting shall be by affidavit of the person posting the notice, which affidavit
shall include a copy of the notice posted and the date and places of its posting.
Notice by publication or posting may run concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by mail as required under subsection (1).
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),
shall be sufficient to show that the notice requirements of this part have been met, without
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(o)
regard to whether or not the alleged violator actually received such notice.
Schedule of fines. Fines shall be imposed for violations of applicable laws as provided in the city's
schedule of fees and fines. A fine shall not exceed two hundred fifty dollars ($250.00) per day for
a first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation.
In the event the special master finds that a violation presents a serious threat to the public
health, safety or welfare, or the violation is irreparable or irreversible in nature, it may impose a
fine not to exceed five thousand dollars ($5,000.00) for each violation.
(Ord. No. 1687, § 2, 6-8-99; Ord. No. 1765, § 1, 11-20-01; Ord. No. 1788, § 1, 3-4-03; Ord. No. 1790, § 2, 3-18-
03; Ord. No. 1987, § 3, 11-6-08; Ord. No. 2224, § 2, 8-4-15)
23