HomeMy WebLinkAboutOrdinance 2025-638ORDINANCE 2025 - 40
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY
OF SUNNY ISLES BEACH, §14-1, ENTITLED "DEFINITIONS;" AMENDING §14-3,
ENTITLED "QUALIFICATIONS OF SPECIAL MAGISTRATES; APPOINTMENT AND
REMOVAL; COMPENSATION;" AMENDING §14-4,' ENTITLED "POWERS OF
SPECIAL MAGISTRATE;" AMENDING §14-6, ENTITLED "ENFORCEMENT
PROCEDURES;" AMENDING §14-7, ENTITLED "CONTENTS AND SERVICE OF CIVIL
VIOLATION NOTICE;" AMENDING §14-8, ENTITLED "CIVIL PENALTIES;
CONTINUED AND REPEAT VIOLATIONS;" AMENDING §14-9, ENTITLED "RIGHTS
OF VIOLATORS; PAYMENT OF FINE; RIGHT TO APPEAL; FAILURE TO PAY AND
CORRECT OR TO APPEAL;" AMENDING §14-10, ENTITLED "SCHEDULING AND
CONDUCT OF HEARING;" AMENDING §14-11, ENTITLED "APPEAL OF ORDER OF
SPECIAL MAGISTRATE;" AMENDING §14-13, ENTITLED "RECOVERY OF UNPAID
CIVIL PENALTIES; UNPAID PENALTIES TO CONSTITUTE A LIEN; FORECLOSURE;"
AMENDING §14-16, ENTITLED, "SCHEDULE OF CIVIL PENALTIES AND
MISCELLANEOUS FEES;" AMENDING §14-17, ENTITLED "ABATEMENT BY THE
CITY; RECOVERY OF COSTS AND EXPENSES; LIEN;" CREATING §14-18; ENTITLED
"SETTLEMENT PROCEDURES," TO ESTABLISH STANDARD PROCEDURES FOR THE
REDUCTION OF FINES, LIENS, AND PENALTIES; AMENDING ATTACHMENT I OF
CHAPTER 14, ENTITLED "CIVIL PENALTIES AND MISCELLANEOUS FEES
SCHEDULE," TO CONFORM CIVIL PENALTIES WITH CHAPTER 162, FLORIDA
STATUTES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statutes, confers upon local governments the authority
to adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry; and
WHEREAS, the City Commission of the City of Sunny Isles Beach (the "City") has the
authority to amend its code provisions pursuant to Section C-4.3 of the City's Charter; and
WHEREAS, the City's Code Compliance Division (the "Division") has conducted a thorough
review of Chapter 14 of the City's Code of Ordinances, titled Code Enforcement; and
WHEREAS, after its review, the Division has recommended revisions to ensure adequate,
expeditious, and efficient delivery of services to its residents and stakeholders; and
WHEREAS, certain revisions are also being recommended for purposes of conforming and
updating Chapter 14 with current Florida Statutes and Miami -Dade County Code of Ordinances;
and
Page 1 of 57
WHEREAS, the City Commission hereby finds that the adoption of this revisions promote
the public health, safety, and general welfare of its citizens, and is in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. Amendment of Chapter 14, §14-1 . Chapter, 14, §14-1, of the Code of Ordinances
of the City of Sunny Isles Beach, Florida, entitled "Definitions," is hereby amended as follows:
§ 14-1. Definitions.
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include future, words in the plural number include the singular number and vice
versa. The word "shall" is always mandatory and not merely directory.
I iee RsiRg Di„isiene
DIVISION - Code Division, which oversees the Code Compliance Parking Enforcement and
Business Licensing parts.
rater f the Dey l nt C V i Dep t }
E1fR€�T9F�-T e Bire��o,-a,-�,����p„-rte,-r���,-,��,,�,-�,T�T
DIVISION MANAGER - Manager of the Code Division.
CITY MANAGER -The City of Sunny Isles Beach City Manager.
REPEAT VIOLATION — A violation of a provision of the Code by a person whom the Dep@FtFneRt
DireEfterDivision Manager, or #is�#er their designee, or the Special Magistrate has previously
found to have violated the same provision of the Code. A repeat violation can occur only after
correction of the previous violation has been made.
1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by
double underline, deletions on first reading are shown as StFikethrough and deletions on second reading are
shown as .
Page 2 of 57
VIOLATOR — That person or entity responsible for a violation of the Code and, if .Jiff,,,-ent,
Section 3. Amendment of Chapter 14, §14-3. Chapter 14, §14-3, of the Code of Ordinances
of the City of Sunny Isles Beach, Florida, entitled "Qualifications of Special Magistrates;
appointment and removal; compensation," is hereby amended as follows:
§ 14-3. Qualifications of Special Magistrates; appointment and removal; compensation.
Special Magistrates must be a law firm or an attorney who is a member in good standing of the
Florida Bar and shall be selected on the basis of experience or interest in the field of Code
enforcement and shall possess outstanding reputations for civic pride integrity, responsibility
and business or professional ability. In selecting and appointing Special Magistrates the Citv
Manager shall accord a preference to applicants who have prior experience as a special
magistrate or hearing officer, and shall grant a preference to residents of the Citv who possess
the qualifications required by this paragraph.
Appointments of Special Magistrates shall be made by the City Manager, as needed, on the basis
of experience, skills and abilities and, whenever possible, shall include persons with legal, zoning,
engineering and/or construction experience. Such appointments shall be made for a term of one
year and first-time appointments shall be submitted to the Commission for ratification of the Citv
Manager's appointments.
B. ppe,RtmeRtS shall be ,,.,.,,J„ f.,r +„r,., Of . Special Magistrates may be reappointed
or removed, without cause, at the discretion of the Ci Manager, 561bjeG+ to Fatifieatien and
ratified by the Commission. AppeiRtments te fill r „,.,, hall be feF the de f
r
the ^^x^iF^d term Upon the termination of a term of an appointment as Special
Magistrate each Special Magistrate shall continue to serve as Special Magistrate until a new
appointment of a replacement as Special Magistrate has been made by the City Manager
and such new appointment has been ratified by the City Commission. The Speeial
C. Special Magistrates shall not be current or former City employees or current or former City
of Sunny Isles Beach elected officials and shall be compensated at a rate not to exceed
$10200.00 per hour with a $5600.00 minimum per hearing date, which fee shall include
case preparation, execution of final orders and attendance at all hearings, including appeals,
if necessary.
Section 4. Amendment of Chapter 14, 14-4. Chapter 14, §14-4, of the Code of Ordinances
of the City of Sunny Isles Beach, Florida, entitled "Powers of Special Magistrates," is hereby
amended as follows:
Page 3 of 57
it. ize:
I.
I :
Section 4. Amendment of Chapter 14, 14-4. Chapter 14, §14-4, of the Code of Ordinances
of the City of Sunny Isles Beach, Florida, entitled "Powers of Special Magistrates," is hereby
amended as follows:
Page 3 of 57
§ 14-4. Powers of Special Magistrate.
Special Magistrates shall have the power to:
G. Assess administrative hearing costs of no less than $150.00.
Section 5. Amendment of Chapter 14, 14-6. Chapter 14, §14-6, of the Code of Ordinances
of the City of Sunny Isles Beach, Florida, entitled "Enforcement Procedures," is hereby amended
as follows:
§ 14-6. Enforcement procedures.
A. A Code Enforcement Officer is authorized to issue a warning notice of violation, in a form
approved by the Depa *meRt Direr+^~Division Manager, 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 neighborhoods and neighborhood; and other
relevant factors relating to the reasonableness of the time period prescribed.
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 subiect to the issuance
of a civil violation notice and any associated civil penalties.
If a violator requires additional time for compliance beyond the time period provided in the
warning notice of violation, an extension of time request must be submitted in writing to
the Code Enforcement Officer. An extension of the deadline for voluntary correction, or a
modification of any required corrective action, may be granted by the c -Code eEnforcement
eOfficer or Department DiFe tE)FS Division Manager if the IaFepeky ewRear violator has, in
the opinion of the eCode eEnforcement eOfficer, shown geed eause feF the Fecluested
extensoeR progress in correcting the violation. Due to progress made the Code Enforcement
Officer or Division Manager may, in their sole discretion grant a violator an extension(s) of
time not to exceed 90 calendar days in total from the date of warning notice to correct the
code violation. Fey—pwFpases of -this sectien "geed —cause—is d^{�ar� If after the 90
calendar day extension, the violator needs additional time due to "unforeseen
circumstances", a second extension of time request must be submitted in writing to the
Division Manager. For the purposes of this section "unforeseen circumstances" are
situations beyond the reasonable control of pFeperty ewner the violator that include, but
are not limited to: (i) delays by federal, state or local permitting agencies in issuing permits
and/or other regulatory approvals in connection with an alleged code violation that were
not within the reasonable control of the pFepeFty eW violator; (ii) an "Act of God" such as
earthquakes, lightning, cyclones, hurricanes, floods, droughts or such other extreme
weather or environmental conditions, unanticipated geological or ground conditions, or
other natural calamities and acts of God that cannot be, or be caused to be, prevented,
Page 4 of 57
avoided or removed by the pFepeny owReFviolator,: or (iii) financial hardships beyond the
control of the IaFepeFty GW violator.
if the above geed cause is made, the cede � + ffi r n r+ +
cr i i o i c crrrc rrc�rrrcci�r-vcptrt-crrrcnz
^iffier If it is determined by the Division Manager that unforeseen circumstances exist the
Division Manager may, in their sole discretion, grant pFepeFty ewneF the violator an
to ,.erre^+ the eede „iel-.+i„n extensions of time for compliance not to exceed an 18 -month
period. In the event the code violation is not corrected during this the extended correction
period ss, the cCode eEnforcement eOfficer shall issue a civil violation notice to the pFepek
eweer violator. Once a civil violation notice is issued, the property owner may apply for aR
extensien Of time fer vefantaFy—seFFeetienPFevided they: (0) timely requested an
administrative hearing before the Special Magistrate to appeal the decision of the cCode
eEnforcement eOfficer that resulted in the issuance of the civil violation notice; and rye
shall the pFepeky n..,r „ ar" hn+ d xt n f time MeFe +h on rsalendaF .d
r r
+iron by the Gede f n + effiGeF r D r+ + Di +
Such appeal must be made in writing to the Code Enforcement Officer within fourteen (14)
days after service of the civil violation notice. If appeal is not received within the specified
time, a violator shall be deemed to have waived their right to contest the citation and in
such case, iudgment may be entered against the person for an amount up to the maximum
civil penalty. The Special Magistrate may provide additional extensions of time epee- he
chewing of need cause not to exceed 24 -months due to unforeseen circumstances. Nothing
in this section shall preclude _. _ede _... _KemeRt effiGeF r,r Depakm + DiFeGtvr the Division
Manager from dismissing a violation or citation for lack of sufficient evidence.
Notwithstanding any other provisions in this section, the cCode eEnforcement oOfficer or
Depa men+ DiFeGtnr Division Manager is not required to provide any extension(s) of time
„r nrr,,,ide exte rinno where the violation is deemed a life safety violation.
CB. 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 be issued immediately.
Page 5 of 57
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Magistrate 7 pFevide
additieRal time of b
of - ^iyil vielatien Retiee
and Bahl f the asseGoated
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CB. 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 be issued immediately.
Page 5 of 57
Section 6. Amendment of Chapter 14, §14-7. Chapter 14, §14-7, of the Code of Ordinances
of the City of Sunny Isles Beach, Florida, entitled "Contents and service of civil violation notice,"
is hereby amended as follows:
§ 14-7. Contents and service of civil violation notice.
A. A civil violation notice (sometimes referred to as a "citation") shall contain:
(1) The date and time of issuance.
(2) The name and address of the person to whom the citation is issued.
(3) The location of violation
{)L,41 The date and time the civil infraction was committed.
{4}� The facts constituting reasonable cause.
(}� The number or section of the Code or ordinance violated.
The name and autheFity badge number of the Code Enforcement Officer.
The procedure to be followed in order to pay the civil penalty or contest the
citation.
{4)M The applicable civil penalty if the person elects to contest the citation.
MLL01 The applicable civil penalty if the person elects not to contest the citation.
404IL11 A conspicuous statement that if the person fails to pay the civil penalty within the
time allowed, or fails to appeal or contest the citation within seven fourteen (14)
days after service of the civil violation notice, the person shall be deemed to have
waived his or her right to contest the citation and that, in such case, judgment
may be entered against the person for an amount up to the maximum civil
penalty.
444 12 A statement that the violator may be liable for reasonable administrative hearing
costs should they be found guilty.
Section 7. Amendment of Chapter 14, 14-8. Chapter 14, §14-8, of the Code of Ordinances
of the City of Sunny Isles Beach, Florida, entitled "Civil penalties; continued and repeat
violations," is hereby amended as follows:
§ 14-8. Civil penalties; continued and repeat violations.
B. For each day of a continued violation, an additional penalty, not to exceed $250.00 per dav,
in the same -;;Meumt as that pFes .Fite ! fGF 1Rthe eFiginal vielatien shall be added.
. .....
. ...........
WIN
MR
Page 6 of 57
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MagistFate are due and
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£C. Continuing violation penalties shall accrue from the date of correction given in the civil
violation notice until the correction is made, and compliance is obtained or until a request
for administrative hearing is filed, whichever comes first. If the named violator requests an
administrative hearing and loses Ws their appeal, the Special Magistrate shall determine a
reasonable time period within which correction of the violation must be made, based on the
considerations set forth herein. If correction is not made within the period set by the Special
Magistrate, continuing violation penalties shall begin to accrue after the time allowed for
correction has run. No continuing violation penalties shall accrue during the time period
from the date of the civil violation notice until the date of the administrative hearing, if the
named violator timely requests an administrative hearing to appeal the decision of the Code
Inspector.
able „i„ lat* ns
W. G-4.41 Penalties assessed puFsuant to this ehapteF by the SpeGial
payable te the City at the clese of the heaFiRg and shall beGeme delinquent
MagistFate are due and
of Rat paid;.A.Xithin
when the appeal has been finally decoded adveFsely against the named
rqffie
0
£C. Continuing violation penalties shall accrue from the date of correction given in the civil
violation notice until the correction is made, and compliance is obtained or until a request
for administrative hearing is filed, whichever comes first. If the named violator requests an
administrative hearing and loses Ws their appeal, the Special Magistrate shall determine a
reasonable time period within which correction of the violation must be made, based on the
considerations set forth herein. If correction is not made within the period set by the Special
Magistrate, continuing violation penalties shall begin to accrue after the time allowed for
correction has run. No continuing violation penalties shall accrue during the time period
from the date of the civil violation notice until the date of the administrative hearing, if the
named violator timely requests an administrative hearing to appeal the decision of the Code
Inspector.
able „i„ lat* ns
W. G-4.41 Penalties assessed puFsuant to this ehapteF by the SpeGial
payable te the City at the clese of the heaFiRg and shall beGeme delinquent
MagistFate are due and
of Rat paid;.A.Xithin
when the appeal has been finally decoded adveFsely against the named
vielater
Section 8. Amendment of Chapter 14, §14-9. Chapter 14, §14-9, of the Code of Ordinances
of the City of Sunny Isles Beach, Florida, entitled "Rights of violators; payment of fine; right to
appeal; failure to pay and correct or to appeal," is hereby amended as follows:
§ 14-9. Rights of violators; payment of fine; right to appeal; failure to pay and correct or to
appeal.
Page 7 of 57
B. An appeal of the civil violation notice shall be accomplished by 44pg submitting a written
request with the Offi,.,, of the G,+„ QeFI(Code Division not later than seven r=alen ,r fourteen
14 days after the service of the civil violation notice.
C. ,
Maa stFate, the DiFeeter Shall be i;,fvrnaed of sur
:h failure i3yaffidavit from the C942
C.�f�rrnmrr+ Offir=eF. Failure of the named violator to appeal the decision of the Code
Enforcement Officer within the prescribed time period shall constitute a waiver of the
violator's right to administrative hearing before the Special Magistrate. A waiver of the right
to administrative hearing shall be treated as an admission of the violation, and penalties
may be assessed accordingly.
D. Any person who willfully refuses to sign and accept a citation issued by a Code Enforcement
Officer shall be guilty of a misdemeanor of the second degree, as per F.S. Ch. 162.21 (6).
Section 9. Amendment of Chapter 14, §14-10. Chapter 14, §14-10, of the Code of
Ordinances of the City of Sunny Isles Beach, Florida, entitled "Scheduling and conduct of hearing,"
is hereby amended as follows:
§ 14-10. Scheduling and conduct of hearing.
A., Upon receipt of a named violator's timely request for an administrative hearing or a written
hearing request from the Code Enforcement Officer as provided herein, the moice of the Qt -Y
Qe-r4 Division ineiemsudtatien with the SpeciHarry agistFatce, shall set the matter down for
hearing on the next regularly scheduled hearing date or as soon thereafter as practicable.
B. The circ^ .,f +h., amity C!„r! Division shall send a notice of hearing by first class mail or by
certified mail to the named violator at #+s their last known address. The Depakment Division
may also post the hearing notice, at the Feq ,^s+ „f the Q'W Glerk. The notice of hearing shall
include, but not be limited to, the following:
(9) Notice that requests for continuances will not be considered if not received by the
Special naagistFate Division at least five \JI calendar days prior to the date set for the
hearing.
C. If there are cases to be heard, the cr,,,Gial naagistFate Division shall ea44 schedule hearings en
a meethly bases of open the rzquest of the Di ze—as needed. Except for such
circumstances as described herein, no hearing shall be set scheduled sooner than ten 10
calendar days from the date of service, ot ineludi g gaterdays, Sundays and heliday-s.
D. A hearing date shall not be postponed or continued unless a request for continuance,
showing good cause for such continuance, is received in writing by the cr,,,eial nnagistFate
Division at least five calendar days prior to the date set for the hearing.
Page 8 of 57
E. All hearings of the Special Magistrate shall be open to the public. All testimony shall be under
oath. Assw proof of proper notice, a hearing may proceed in the absence of the
named violator.
F. The proceedings at the hearing shall be recorded by the office of the City Clerk
G. The Gt=Olerk Division shall provide clerical services and administrative personnel as may be
reasonably required by each Special Magistrate for the proper performance of has OF heF
their duties.
H.
F=;;r-.h r --;;,;p hefeFe a Special MagistFate shall be preseRted by the DiFeeteF 9F his designee.
The ManageF shall have the awtheFity to Fetain legal eouRsel PUFSwant te parameteFs that
may be adepte d by the Ge FRMiSSiGR
4-. H. The hearing need not be conducted in accordance with the formal rules relating to evidence
and witnesses, but fwRdameRtal due process shall be observed and shall govern the
proceedings. Any relevant evidence shall be admitted if the Special Magistrate finds it
competent and reliable, regardless of the existence of any common law or statutory rule to
the contrary.
AI. Each party shall have the right to call and examine witnesses; to introduce exhibits evidence;
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.
X J. The Special Magistrate 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 Magistrate must find that s��h�ptial_competent- substantial evidence ;,Rdmeates
demonstrates that the named violator was responsible for the violation of the relevant
section of the Code.
AA:K.If the named violator is found guilty of the violation s/he shall be held liable for the
reasonable cost of the administrative hearing cost of no less than $150.00.
4-1. The fact-finding determination of the Special Magistrate shall be limited to whether or not
the violation alleged occurred or exists, 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 Magistrate shall either affirm or reverse the decision of the Code
Enforcement Officer. If the Special Magistrate reverses the decision of the Code
Enforcement Officer and finds the named violator not responsible for the Code violation in
the alleged civil violation notice because the DepawneRt Division did not present
substaRtial competent substantial evidence to indicate that such violator is responsible for
Page 9 of 57
the violation, then, and in that case, the named violator shall not be liable for the payment
of any civil penalty and administrative costs, absent reversal of the Special Magistrate's
findings pursuant to any circuit court appeals.
QM. The decision of the Special Magistrate affirming the decision of the Code Enforcement
Officer shall include the following elements:
(1) Amount of civil penalty.
(a) Prescribed in the schedule of civil penalties as adopted herein.
(b) Gravity of the violation.
(c) Actions taken to correct said violation.
d) ARy n i Isyiel +inn �7�fm IIa IT[wFe-
�a,—.=Il�r�v�eh��TOla��o„� eem�itted by vielater of I +
Section 10. Amendment of Chapter 14, 14-11. Chapter 14, §14-11, of the Code of
Ordinances of the City of Sunny Isles Beach, Florida, entitled "Appeal of order of Special
Magistrate," is hereby amended as follows:
§14-11. Appeal of order of Special Magistrate.
A. An aggrieved party, including the City, may appeal a final order of a Special Magistrate to
the Circuit Court. Such an appeal shall net be heaFin d = but shall be limited +
MM
appellate F-ev+ew of the FeGeF-d-GFeated-beferethe Speeial M + + 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 30 -day period shall render the findings of the
Special Magistrate conclusive, binding and final.
Section 11. Amendment of Chapter 14, §14-13. Chapter 14, §14-13, of the Code of
Ordinances of the City of Sunny Isles Beach, Florida, entitled "Recovery of unpaid civil penalties;
unpaid penalties to constitute a lien; foreclosure," is hereby amended as follows:
§ 14-13. Recovery of unpaid civil penalties; unpaid penalties to constitute a lien; foreclosure.
A. A certified copy of an order imposing a Give! persalt municipal code enforcement lien shall
be recorded in the public records and thereafter shall constitute a lien against the property
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 may be enforced in the same manner
as a courtjudgment by the sheriffs of this state, including levy against the personal property,
but such order shall not be deemed to be a court judgment except for enforcement
purposes. A civil penalty imposed pursuant to this chapter shall continue to accrue until the
violator complies or until judgment is rendered in a suit to foreclose a lien filed pursuant to
this chapter, whichever occurs first. After three months from the date of filings of any such
lien that remains unpaid, the City may foreclose or otherwise execute the lien.
fellewss
Page 10 of 57
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{�M Any and all orders recorded by the effiGe of the Gity C!eFI, Division that impose
penalties as prescribed herein shall not be satisfied without the approval of the office
of the City Manager and City Attorney in eenjunctFen with the Spee,U;;,",asst,-ate based
eR upon a recommendation from the D„ ecteT Division Manager.
Section 12. Amendment of Chapter 14, §14-14. Chapter 14, §14-14, of the Code of
Ordinances of the City of Sunny Isles Beach, Florida, entitled "Enforcement provisions cumulative
and supplemental," is hereby amended as follows:
§ 14-14. Enforcement provisions cumulative and supplemental.
Nothing contained in this chapter shall prohibit the City from enforcing its Code by any other means
permitted by law; the enforcement procedures outlined herein are cumulative to all others and shall not
be deemed to be prerequisites to filing suit for the enforcement of any section of this Code.
Section 13. Amendment of Chapter 14, §14-16. Chapter 14, §14-16, of the Code of
Ordinances of the City of Sunny Isles Beach, Florida, entitled "Schedule of civil penalties and
miscellaneous fees schedule," is hereby amended as follows:
Page 11 of 57
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Section 12. Amendment of Chapter 14, §14-14. Chapter 14, §14-14, of the Code of
Ordinances of the City of Sunny Isles Beach, Florida, entitled "Enforcement provisions cumulative
and supplemental," is hereby amended as follows:
§ 14-14. Enforcement provisions cumulative and supplemental.
Nothing contained in this chapter shall prohibit the City from enforcing its Code by any other means
permitted by law; the enforcement procedures outlined herein are cumulative to all others and shall not
be deemed to be prerequisites to filing suit for the enforcement of any section of this Code.
Section 13. Amendment of Chapter 14, §14-16. Chapter 14, §14-16, of the Code of
Ordinances of the City of Sunny Isles Beach, Florida, entitled "Schedule of civil penalties and
miscellaneous fees schedule," is hereby amended as follows:
Page 11 of 57
§ 14-16. Schedule of civil penalties and miscellaneous fees schedule.
B. For violations of any section of this Code for which a specific penalty is not prescribed herein
a penalty shall be imposed which shall not be less than $25.00, nor more than $§88250.00
peFday for a first violation and shall not be less than $50.00, nor more than $758500.00 pe -F
day for a repeat violation. For the purposes of continuing violations, each day shall
constitute a separate violation and subject to a running fine until compliance is met.
Section 14. Amendment of Chapter 14 §14-17. Chapter 14, §14-17, of the Code of
Ordinances of the City of Sunny Isles Beach, Florida, entitled "Abatement by the City; recovery of
costs and expenses; lien," is hereby amended as follows:
§ 14-17. Abatement by the City; recovery of costs and expenses; lien.
C. Authorized action by the City. Using aRy lawful means To the extent permitted by state and
federal law, the City or its authorized agents may enter upon the subject property and may
take preventative measures, remove or correct the code enforcement violation that is
subject to abatement. The City may use its own personnel and/or resources to abate a
violation. Alternatively, the City may hire outside contractors to effectuate the necessary
corrective measures.
D. Recovery of costs and expenses. The costs of abating a code enforcement violation under
this section, including all incidental expenses, shall be billed by certified or registered mail,
with a five-Ga!eRdaF dad Fetum Ferc;eiptt �, to the property owner(s) of record at his
or her last known address and shall become due and payable to the City within 15 calendar
days of the date of mailing the billing for abatement. The term "incidental expenses"
includes, but is not limited to, personnel costs, both direct and indirect, and including
Attorney's fees; costs incurred in documenting the violation; towing/hauling; storage and
removal/disposal expenses; and actual expenses and costs of the City in preparing notices,
specifications and contracts associated with the abatement; and in accomplishing and/or
contracting outside contractors and inspecting the work; and the costs of any required
printing and mailing. All such costs and expenses shall constitute a lien against the subject
property. The property owner(s) shall be jointly and severally liable for all such costs and
expenses incurred by the City in abating the nuisance of the subject property.
E. Lien. The City shall have a lien for costs and expenses of any abatement proceedings under
this section or for any abatement work that was performed. The lien shat! "U" With the 1;4API
and shall be ef equal raRk with state, GEWRty, diStFiGt and munir=ipal taxes, and supeFi
thin`+" to all ethe,- """�, titles, eneumbraRr=es d ' til The claim of lien shall
r
contain sufficient information regarding the abatement action, as determined by the
DepaFtmeRt. Division, a description of the subject property to be charged with the lien and
the owner of record, and the total amount of the lien. Any such claim of lien shall be verified
by the ^;t Division and may be amended to reflect changed conditions. The lien
Page 12 of 57
shall be filed and foreclosed on, if necessary, in the manner outlined in § 14-13 of the City
Code.
Section 15. Creating §14-18 in Chapter 14 of the Code of Ordinances. §14-18 in Chapter 14 of
the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled, "Settlement
Procedures," is hereby created as follows:
§ 14-18. Settlement Procedures
The City Manager is authorized to reduce fines, liens, and penalties as follows:
A. Application. A signed application for lien reduction from any order imposing a fine or lien by
a Special Magistrate must be filed with the Division. The Division will process an application
for reduction provided the subject code case is in compliance and no other code violations
exist on the subject property or any other property within the City owned by the violator. The
Division will prepare a written analysis of the reduction factors to be considered by the City
Manager and supplement the record with such written analysis.
B. The application must include:
Name, address, and signature of the applicant.
If represented by an attorney, the name and address of the attorney must also be
given; and the attorney must sign the application.
u Address, or brief legal description, or both, of the property on which the violation
occurred.
(4) Address, or brief legal description, or both, of all real property owned by the,
applicant located in the City of Sunny Isles Beach.
(5) A brief explanation of the reduction sought along with all relevant and supporting
documentation and evidence.
(6) If the reduction request is based upon financial inability, a financial affidavit must
be filed with supplemental information that shall include bank account statements
for at least six (6) months, and federal income tax returns and supporting
documents for the last three (3) years.
u If a lien amount exceeds the equity in the subject property, written
documentation to support this contention must be provided. Such information
shall include a current appraisal or Miami -Dade County Property Appraiser's latest
valuation.
ll The application shall include a waiver of the right, if any, to seek iudicial review of
the City Manager's discretionary decision whether or not to reduce a fine or lien.
C. Upon the receipt of the complete application the Division shall inspect the applicant's
Prroperty0es) and City records to verify compliance.
(1) If a Code Enforcement Officer verifies compliance, they shall confirm compliance
and update the property record.
Page 13 of 57
If a Code Compliance Officer is not able to confirm compliance a notice identifying
the outstanding issues shall be sent to applicant The applicant shall have thirty
(30) days from receipt of notice from the City to comply with the outstanding
issues. Should the applicant fail to do so the application will be deemed
withdrawn, and should the applicant desire to again request a mitigation of a code
compliance lien, a new application will need to be filed including payment of the
required application fee(s).
D. Initial consideration. No application shall be processed unless and until the Officer verifies
that the subject property is in compliance with all City codes and the subiect property is free
of all outstanding debts due to the City which includes but is not limited to taxes local
business tax receipts, utility accounts and other code enforcement cases The City Manager
shall not grant alien reduction to any applicant whose property is the subject of any pending
foreclosure proceedings initiated by the City of Sunnv Isles Beach or was purchased at a tax
deed sale without the express written consent of the City Attorney
E. Process. The application will be processed after the application is reviewed and determined
to be complete and in compliance with the requirements of this Section If all compliance
requirements have been met the Division Manager or designee will submit for the City
Manager's review, at which time the City Manager may consider the application and any City
response. The City Manager shall only consider information pertaining to the Application for
Reduction and not information contesting the underlying violation or the previous finding of
violation by the Special Magistrate.
F. Determination. The City Manager shall make decision granting or denying the requested relief
in whole or in part, or such relief as the City Manager may deem appropriate The Division
Manager shall issue notice to the applicant of the City Manager's decision including anv
reduced amount and payment instructions The City Manager shall consider all relevant
factors to determine what relief, if any is appropriate including but not limited to:
L11 The nature and gravity of the violation,•
Any actions taken by the owner to correct the violation;
j� The length of time between the ordered compliance date and the date the
violation was eliminated;
ll
Any actual costs expended by the owner to cure the violation as provided by
supporting documentation including payment of City licensing or permit fees;
Any other prior or current violations committed by the owner on the subiect
property or upon anv other property owned by the owner within the City'
(6) Repeat violations committed by the same owner regardless of whether it is on the
same property; and
Costs incurred by the City to abate the violation and prosecute the case including
administrative and overhead expenditures
G. Transfer of ownership after recordation of the City's lien shall not be considered as a factor
in the lien reduction; nor shall a lapse of time before seeking enforcement be considered
Page 14 of 57
H. Any reduction granted shall be contingent upon payment within fourteen (14) days of an
offered settlement amount. The Division Manager may grant additional time to remit
payment to the City. Failure to remit payment to the City by the date ordered shall cause the
original fine amount to remain.
I. The City Manager may reduce the fine upon a finding of good cause based on the provisions
of this Section and any evidence and testimony presented; otherwise the application shall be
denied.
J. Fines or liens for owner -occupied property shall not be reduced to an amount less than fifteen
(15) percent of the total fine amount, or to the total of all incurred City costs and expenses
including but not limited to attorney's fees, whichever is greater. The fines for all other
Property shall not be reduced to, an amount less than fifty (50) percent of the total fine
amount, or to the total of all incurred City costs and expenses including but not limited to
attorney's fees, whichever is greater.
K. Upon a finding of extreme hardship including financial hardship the City Manager may
reduce the fine up to one hundred (100) percent. Such a finding may only be made in rare
and extraordinary circumstances.
Section 16. Amendment of Attachment 1 of Chapter 14. Attachment 1 of Chapter 14 of the
Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled "City of Sunny Isles Beach
Civil Penalties and Miscellaneous Fees Schedule," is hereby amended as follows:
14 Attachment 1
City of Sunny Isles Beach
Civil Penalties and Miscellaneous Fees Schedule
[Amended 5-21-2009 by Ord. No. 2009-321]
Code Description of Violation Civil
Section Penalty
21, Dirrinring faire inform +tion l''wo og
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nl Ihiir, WigrLr, nn-,r,11�1
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2ig 1 eF ^Igb
illegal r a o r rtw lr+inr on N , ++ nr+" S�7Qn_0[1
2 9 {b} C"*iltv rn rte rn Fight nf_wg" nr p , +tr n nrty t t
Page 15 of 57
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:33 263
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A11 r,+her Chapter 33 vielatiens
Noise, Chapter
193
193-6(A)
Failure to comply with the standard daylight hours of
operation for construction tools and equipment; first
offense after warning
$3000:09
$250.00
193-6(A)
Failure to comply with the standard daylight hours of
operation for construction tools and equipments; second
offense
$500.00
193-6(B)
Failure to comply with the daylight saving time hours of
operation for construction tools and equipments; first
offense after warning
$10,000:00
$250.00
193-6(B)
Failure to comply with the daylight saving time hours of
operation for construction tools and equipment; second
offense after warning
980:A9
$500.00
193-6(C)
Failure to comply with the holiday time hours of operation0;A90
for construction tools and equipments; first offense after
warning
A0
$250.00
193-6(C)
Failure to comply with the holiday time hours of operation
for construction tools and equipments; second offense
after warning
x0,000:09
$500.00
193-8
Unlawful operation of noise -producing construction
equipment beyond the approved hours; first offense250.00
$10;090:09
193-8
Unlawful operation of noise -producing construction
equipment beyond the approved hours; second offense
$20;9909
$500.00
Parks and
Recreation Areas,
Chapter 201
Page 55 of 57
206-4, Price
gouging
prohibited
Unlawful overcharging for commodity after declaration of
state of emergency
0
$500.00
Section 17. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed to the extent of such conflict.
Section 18. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity, but shall remain in full force and effect.
Section 19. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of
Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be
renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance". shall
be changed to "Section" or other appropriate word, as required.
Section 20. Effective Date. This Ordinance will become effective immediately upon adoption
at second reading.
PASSED AND ADOPTED on first reading th
PASSED AND ADOPTED on second reading this
of August, 2025.
y of September, 2025.
Larisa Svechin, Mayor
ATTEST APPROVED AS TO FORM
z
AZGAL SUFFICIENCY:
Mau icio Betanc r, CMC, City Clerk A ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
First Reading
Second Reading
Motion: "To�6w
Page 56 of 57
Second:�i0�i�—16,5AD,IV��s.�c , J E2w
Vote on First Reading:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
Vote on Second Reading:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
✓ (Yes) (No)
- (Yes) (No)
Yes) (No)
✓ (Yes) (No)
(Yes) (No)
Page 57 of 57
%/(Yes)
(No)
(Yes)
(No)
✓1(Yes)
(No)
Yes)
Y
(No)
Yes)
(No)
Page 57 of 57
��, `ppb'= -;.Q• �r
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager.
FROM: Julio Davila, Code Compliance Manager.
DATE: September 18, 2025
RE: Amend Chap. 14 - Code Enforcement
RECOMMENDATION:
Staff recommends adoption of this ordinance.
REASONS:
The proposed ordinance provides an update to the City's Chapter 14 Titled Code Enforcement which
has outdated definitions, processes, and lacks a specific procedure for the reduction of fines and/or
liens.
Specifically, this ordinance provides the following updates to the existing Code Enforcement Chapter
14:
• Revises definitions of the department and manager.
• Adds qualifications for Special Magistrate selection.
• Provides authority to the City or Division Manager to give additional extensions to cases making
progress, without having to go to a hearing.
• Gives alleged violators more time to appeal a citation.
• Updates the amount of fines our municipality can assess so it meets Florida Statutes.
• Establishes a specific procedure for outstanding fines and/or liens to be reduced.
• U pdates the schedule of fines by removing county code sections.
ATTACHMENTS:
Ordinance
Item Number: 8.0
56
Item Number: 8.0
57