Reso 2007-1047 - Laserfiche WebLink

Home Browse Search

General Code ~:-Code: City of Sunny Isles Beach, FL Page 5 of7 G. The City Clerk shall provide clerical services and administrative personnel as may be reasonably required by each Special Master for the proper performance of their duties. H. Each case before a Special Master shall be presented by the Director or his designee. The Manager shall have the authority to retain legal counsel pursuant to parameters that may be adopted by the Commission. I. The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses, but fundamental due process shall be observed and shall govern the proceedings. Any relevant evidence shall be admitted if the Special Master finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. J. Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witnesses regardless of which party first called that witness to testify; and to offer rebuttal of the evidence, K. The Special Master shall make findings of fact and conclusions of law based on evidence of record. In order to make a finding upholding the Code Enforcement Officer's decision, the Special Master must find that substantial competent evidence indicates that the named violator was responsible for the violation of the relevant section of the Code. L. The time for correction given by the Code Enforcement Officer to the named violator and contained in the civil violation notice is rebuttably presumed to have been a reasonable time for correction. Upon presentation of relevant evidence by the named violator that the time for correction was not reasonable, however, the Special Master may make a redetermination as to the time period being insufficient. If the Special Master determines that the time given for correction was insufficient, the penalty for a continuing violation shall be calculated from the date determined by the Special Master to be a reasonable date for correction. M. If the named violator is found guilty of the violation, s/he may be held liable for the reasonable cost of the administrative hearing, at the discretion of the Special Master. N. The fact-finding determination of the Special Master shall be limited to whether or not the violation alleged occurred, and, if so, whether the person named in the civil violation notice may be held responsible for that violation. Based upon this fact- finding determination, the Special Master shall either affirm or reverse the decision of the Code Enforcement Officer. If the Special Master reverses the decision of the Code Enforcement Officer and finds the named violator not responsible for the Code violation alleged in the civil violation notice because the Department did not present substantial competent evidence to indicate that such violator is responsible for the violation, then, and in that case, the named violator shall not be liable for the payment of any civil penalty, absent reversal of the Special Master's findings pursuant to any Circuit Court appeals. O. The decision the Special Master affirming the decision of the Code Enforcement Officer shall include the following elements: (1) Amount of civil penalty: (a) Prescribed in the scheduled of civil penalties as adopted herein. (b) Gravity of the violation. (c) Actions taken to correct such said violation. (d) Any previous violations committed by the violator of a similar nature. (e) The Special Master may reduce the fine amount imposed. (2) Administrative costs of the hearing which shall represent the average of actual costs incurred in preparation by the City for the conduct of the specific hearing. (3) Date by which the violation must be corrected to prevent resumption of continuing violation penalties, if any. S 14-11. Appeal of order of Special Master. A. An aggrieved party, including the City, may appeal a final order of a Special Master 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 Special Master. An appeal shall be filed within 30 calendar days of the issuance of the order sought to be overturned. Failure to make such appeal within the prescribed thirty-day period shall render the findings of the Special Master conclusive, binding and final. B. Unless the findings of the Special Master are overturned, said findings of the Special Master shall be admissible in any proceeding to collect unpaid penalties. C. No aggrieved party other than the City may apply to the Court for relief unless such party has first exhausted the remedies provided for in this chapter and has taken all available steps provided in this chapter. It is the intention of the City that all steps provided by this chapter shall be taken before any application is made to the Court for relief, and no application shall be made by any aggrieved party other than the City to a Court for relief except from an order issued by a Special Master pursuant to this chapter. It is the intention of the City that, notwithstanding anything in this chapter to the contrary, the City shall retain all rights and remedies otherwise available to it to secure compliance with or prevent violations of the Code. For purposes of an appeal, the Clerk shall make available, for public inspection and copying, the record upon which each final http://www.e-codes.generalcode.com/searchresul ts. asp ?cmd=getdoc&DocI d=4&Index=C%3 a%5 cProgra... 2/2312007