Reso 2007-1047 - Laserfiche WebLink

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General Co~e E-Code: City of Sunny Isles Beach, FL Page 20f7 be made for a term of one year and first-time appointments shall be submitted to the Commission for ratification of the Manager's appointments. A. Special Masters need not be residents of the City but shall possess outstanding reputations for civic pride, interest, integrity, responsibility and business or professional ability. B. Appointments shall be made for a term of one year. Special Masters may be reappointed or removed, without cause, at the discretion of the Manager, subject to ratification by the Commission. Appointments to fill any vacancy shall be for the remainder of the unexpired term. Upon the termination of a term of an appointment as Special Master each Special Master shall continue to serve as Special Master until a new appointment of a replacement as Special Master has been made by the City Manager and such new appointment has been ratified by the City Commission. The Special Masters so appointed shall serve on a continually rotating basis. C. Special Masters shall not be City employees and shall be compensated at a rate not to exceed $250 per hearing date, which fee shall include case preparation, execution of final orders, attendance at all hearings including appeals, if necessary. D. If a Special Master is removed from a case in the event of a conflict of interest, the case may be assigned to another Special Master. E. If requested by the Special Master, the City Attorney shall serve as counsel to the Special Master. If an appeal is taken, the City Attorney shall represent the City at such proceeding; provided, however, if the City Attorney has represented the prosecutor at the earlier proceeding, s/he may not represent the City in that instance. Special counsel shall be appointed for that representation. ~ 14-4. Powers and duties of Special Masters. Special Masters shall have the power to: A. Apply the rules for the conduct of hearings adopted by the Commission. B. Subpoena violators and witnesses for hearings; subpoenas shall be served by the City Police Department, or by City staff. C. Subpoena evidence to hearings. D. Take testimony under oath and review evidence to make findings of fact and draw conclusions of law. E. Assess and order the payment of civil penalties as provided herein. F. Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. G. Assess administrative costs of no less than $60. ~ 14-5. Authority to initiate enforcement proceedings. Code Enforcement Officers shall have the authority to initiate code enforcement proceedings and to issue notices of civil violations as provided below. Special Masters shall not have such authority. A Code Enforcement Officer shall not by such designation have powers of arrest or subject the officer to the requirements of SS 943.085 through 943.255, F.S. (1995). ~ 14-6. Enforcement procedures. A. A Code Enforcement Officer is authorized to issue a warning notice of violation, in a form approved by the Department Director, prior to the issuance of a civil violation notice to a person based upon personal investigation, if the Officer has reason to believe that the violator has committed a civil infraction in violation of a duly enacted ordinance. The warning notice of violation shall specify a reasonable time period (warning period), not to exceed 30 calendar days, within which the violator must correct the violation. This determination shall be based on consideration of fairness; practicality; ease of correction; ability to correct; severity of violation; nature, extent, and probability of danger or damage to the public; degree of nuisance to neighbors and neighborhood; and other relevant factors relating to the reasonableness of the time period prescribed. B. If upon reinspection of the violation, which prompted the issuance of the warning notice of violation, said violation has not been corrected; the violator shall be subject to the issuance of a civil violation notice and liable for the associated civil penalties. C. If a Code Enforcement Officer has reason to believe that the violation represents a serious threat to the public health, safety or welfare, if the violation is a recurring violation as defined herein, or if the violation is an uncorrectable violation as defined herein, the warning period shall not be applicable and the civil violation notice may issue immediately. ~ 14-7. Civil violation notice. http://www.e-codes.generalcode.com/searchresults.asp ?cmd=getdoc&DocId=4&Index=C%3 a%5cProgra... 2/23/2007