HomeMy WebLinkAboutReso 2007-1047
RESOLUTION NO. 2007- 101./'7
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA,
REAPPOINTING JUDGE ROBERT NEWMAN (RETIRED),
DARCEE SIEGEL, MAURICE DONSKY, AND APPOINTING
SONJA K. DICKENS AS SPECIAL MASTERS, FOR A
PERIOD OF ONE YEAR, IN ACCORDANCE WITH CITY
CODE SECTION 14-3; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 14-3 of the City ofSul1l1Y Isles Beach Code provides that appointments
of Special Masters shall be made by the City Manager, as needed, on the basis of experience for a
term of one year; and
WHEREAS, said Section 14-3 provides that reappointments shall be submitted to the City
Commission for ratification; and
WHEREAS, Judge Robert Newman (retired), Darcee Siegel, and Maurice Donsky were
previously re-appointed last year, and newly appointed Sonja K. Dickens, Esq. have acted as Special
Masters for other municipalities in Miami-Dade County.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Reappointments and Appointment. The City Manager's reappointments of Judge
Robert Newman (retired), Darcee Siegel, Maurice Donsky, and appointment of Sonja K. Dickens as
Special Masters, for a period of one year, are hereby ratified by the City Commission, in accordance
with City Code Section 14-3.
Section 2.
Effective Date. This Resolution shall become effective upon passage.
PASSED AND ADOPTED this 15th day of February, 2007.
ATTEST:
~~__lljL
Jane A. Hines, CMC, City Clerk
R2007. Special Masters Rcappmts.Doc
Page 10f2
APPROVED AS TO FORM
AND LEGA UFFICIENCY:
Vote: 5-t\
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
R2007- Special Masters Rcappmts.Ooc
Moved by: ~CA. YV\ILjOV l\-h\LfA.?
Seconded by: C.o~ 0000.1"r11\1V
!dYes)
tJY es)
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_(No)
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Page 2 of2
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
A. John Szerlag
Cify Manager
Hans Offinot
Cify AHorney
Jane A. Hines
Cify Clerk
18070 Collins Avenue, Sunny Isles Beach, FL 33160
305.947.0606 www.sibfl.net
February 23, 2007
The Honorable Judge Robert Newman
98 I I Chantilly Point Lane
Lake Worth, FL 33467
Maurice Donsky, Esquire
440 Rovino Avenue
Coral Gables, FL 33156
Darcee Siegel, Esquire
City of North Miami Beach
17011 N.E. 19 Avenue
North Miami Beach, FL 33162
Sonja K. Dickens, Esquire
City of Miami Gardens
15 I 5 N. W. 167th Street, Suite 200
Miami Gardens, Florida 33169
Re:
Appointment as Special Master for City of Sunny Isles Beach
Ladies and Gentlemen:
At its regular meeting of February 15, 2007, the City Commission adopted Resolution No.
2007-1047, which appointed you as a "Special Master" for the City of Sunny Isles Beach.
Attached is a copy of the approving resolution and "Chapter 14 Code Enforcement" of the Sunny
Isles Beach Code, which covers the duties, qualifications, etc. of a Special Master, to assist you in
this regard.
As you know, Special Masters preside Over the administrative hearings for the City's code
enforcement issues. On average, the City conducts one administrative hearing every other month,
and a Special Master is scheduled to preside over these hearings on a rotation basis. The Office
of the City Clerk will contact you in advance of a scheduled hearing to confirm your availability,
and we kindly ask that you set aside adequate time (at least four hours) for each hearing.
Should you have any questions, please feel free to call us at (305) 792-1703.
Thank you.
~~~
Priscilla Walker, CMC
Deputy City Clerk
Attachments
cc: A. John Szerlag, City Manager (w/o attachments)
Hans Ottinot, City Attorney (w/o attachments)
Jane A. Hines, City Clerk (w/o attachments)
Robert C. Solera, Community Development Director (w/o attachments)
Office of the City Clerk (305) 792-1703 Phone (305) 949-31 ] 3 Fax
Special Master Reappointment -Newman, Siegel,Donsky & Dickens Ltr
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Chapter 14: CODE ENFORCEMENT
[HISTORY: Adopted by the City Commission of the City of Sunny Isles Beach 10-16-2001 by Ord. No. 2001-141. Amendments
noted where applicable.]
COUNTY CODE CROSS-REFERENCES
Ch. BCC, Code Enforcement - repealed except for Schedule of Civil Penalties.
GENERAL REFERENCES
General penalties - See Ch. 1, Art. II.
~ 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.
CITY - The City of Sunny Isles Beach.
CODE -Collectively the City of Sunny Isles Beach Code of Ordinances and applicable sections of the Code of Miami-Dade
County as made applicable to the City pursuant to Article 8, S C-8.3, of the City Charter, or such other land development
regulations or ordinances as may be adopted by the City hereafter.
CODE ENFORCEMENT OFFICER - Any authorized agent or employee of the City whose duty it is to assure compliance
with the Code. The term "officer" or "inspector" shall be interchangeable and shall have identical meaning.
COMMISSION - The City Commission.
COMPLIANCE - The correction of the violation in accordance with the applicable code(s) including the payment of any
outstanding civil penalties, liens, or any other special assessment liens and/or costs or fees due to the City for enforcement of
the subject ordinance(s) violated.
CONTINUING VIOLATION - A violation which remains uncorrected beyond the time period for correction contained in either
the civil violation notice or the final order of the Special Master, whichever is applicable.
DEPARTMENT - The Code Enforcement and Licensing Department.
DIRECTOR - The Director of the Code Enforcement and Licensing Department.
MANAGER - The City Manager.
NOTICE OF VIOLATION - A civil violation notice issued to a violator in accordance with the provisions of this chapter.
PERSON - Any individual, partnership, limited partnership, trust, corporation, association or other entity.
RECURRING VIOLATION - A violation for which a warning notice of violation was previously issued and correction was
made, then the same violation involving the same violator, object or action violating the same ordinance or Code section
recurs or is recommitted within a twelve-month period.
REPEAT VIOLATION - A violation of a provision of the Code by a person whom the Special Master 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.
SPECIAL MASTER - A person appointed pursuant to S 14-4 of this chapter.
UNCORRECTABLE VIOLATION - A violation which is irreparable or irreversible in nature, and which cannot be remedied
after the violation has been committed because the violation constitutes a single prohibited act rather than an ongoing
condition or circumstance.
VIOLATOR - That person or entity responsible for a violation of the Code and, if different, the owner of the property involved.
~ 14-2. Civil infractions and penalties. Editor's Note: See also Ch. 1, General Provisions, Art. II, Penalties, for additional penally provisions.
A violation of the Code shall constitute a civil offense punishable by civil penalty in the amount prescribed herein.
~ 14-3. Qualifications of Special Masters; appointment and removal; compensation.
Appointments of Special Masters shall be made by the 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
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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.
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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 date and time the civil infraction was committed.
(4) The facts constituting reasonable cause.
(5) The number or section of the Code or ordinance violated.
(6) The name and authority of the Code Enforcement Officer.
(7) The procedure to be followed in order to pay the civil penalty or contest the citation.
(8) The applicable civil penalty if the person elects to contest the citation.
(9) The applicable civil penalty if the person elects not to contest the citation.
(10) 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 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.
(11) A statement that the violator may be liable for reasonable administrative hearing costs should they be found guilty.
B. Service of the civil violation notice or citation to the violator shall be effected by hand delivery to the violator; by leaving the
civil violation notice at the violator's usual place of residence with any person residing therein who is 15 years of age or older
and informing such person of the contents of the civil violation notice; by overnight courier; by certified mail (return receipt
requested) to the violator's usual place of residence or other property, which service shall be deemed completed upon
signing of the receipt; or by posting the civil violation notice in a conspicuous place on the premises or real property upon
which the violation was observed. Any method of service of the civil violation notice described above shall be deemed
proper service, and the time for compliance stated in the civil violation notice shall commence with the date of such posting.
fi 14-8. Civil penalties. Editor's Note: See also Ch. 1, General Provisions, Art. II, Penalties, for additional penalty provisions.
A. Penalties for violations of the provisions to be enforced through this chapter shall be in the amounts prescribed in the
schedule of civil penalties contained herein. Provided however, that the maximum civil penalty shall be $500 for a single
violation. Editor's Note: The full Schedule of Civil Penalties, based on the County Code, is on file in the office of the City Clerk. The Schedule of Modified
Penalties, wherein specific City fines differ from the County Code, is included at the end of this chapter. If the violation is continuing or repetitive,
a single violation will occur each day beyond the time for correction set forth in the civil violation notice. Failure to pay the
imposed fine(s) even after correction of the violation may be considered noncompliance and a continuing violation for the
purposes of assessing continuing penalties.
B. For each day of a continued violation, an additional penalty in the same amount as that prescribed for in the original
violation shall be added.
C. Civil penalties assessed as provided herein are due and payable to the City on the last day of the period allowed for the
filing of an appeal of the Code Enforcement Officer's decision, or if proper appeal is made, when the appeal has been finally
decided adversely against the named violator.
D. For the first repeat violation, the amount of the civil penalty shall be double the amount of the penalty prescribed for the
original violation. The amount of civil penalty due for each subsequent repeat violation shall be double the amount of penalty
due for the first day of the immediately preceding violation, provided that the maximum penalty payable for the first day of
anyone repeat violation shall be $750.
E. A repeat violation which remains uncorrected beyond the time prescribed for correction in the notice of violation shall be
treated as a continuing violation, and the additional penalty for each day of continued violation shall be double the amount
due for the first day of the repeat violation.
F. A repeat violation includes a violation committed by an entity that has one or more officers, major shareholders or general
partners in common with another entity, which violated the same Code provision within five years of the current violation.
For purposes of this section a major shareholder shall be one who owns at least 25% of the shares of that corporation. This
subsection shall apply only where the common officer(s), major shareholder(s), or general partner(s) are or were actively
involved in the management of the entity committing the violation at the time when the violation occurred.
G. 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 his appeal, the Special Master 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 Master, continuing violation penalties shall begin to accrue after the time allowed
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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. Continuing violation penalties cannot be imposed by the hearing officer for uncorrectable
violations.
H. Civil penalties assessed pursuant to this chapter by the Special Master are due and payable to the City at the close of the
hearing, or, if a proper appeal of the Special Master's decision is made, when the appeal has been finally decided adversely
against the named violator.
~ 14-9. Rights of violators; payment of fine; right to appeal; failure to pay and correct or to appeal.
A. A violator who has been served with a civil violation notice shall elect to:
(1) Pay the civil penalty in the manner and within the time indicated on the civil violation notice and correct the violation
within the time specified on the civil violation notice; or
(2) Request an administrative hearing before a Special Master to appeal the decision of the Code Enforcement Officer that
resulted in the issuance of the civil violation notice.
B. An appeal of the civil violation notice shall accomplished by filing a written request with the office of the City Clerk not later
than seven calendar days after the service of the civil violation notice.
C. If the named violator, after notice, fails to pay the civil penalty and correct the violation within the time specified, or to timely
request an administrative hearing before a Special Master, the Director shall be informed of such failure by affidavit from the
Code Enforcement Officer. 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 Master. 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 Chapter 162 of Florida Statutes.
~ 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 office of the City Clerk, in consultation with the Special Master, shall set the
matter down for hearing on the next regularly scheduled hearing date or as soon thereafter as practicable.
B. The office of the City Clerk shall send a notice of hearing by first-class mail, or by certified mail, to the named violator at his
last known address. The Code Enforcement and Licensing Department may post the hearing notice, at the request of the
City Clerk. The notice of hearing shall include, but not be limited to, the following:
(1) Name of the Code Enforcement Officer who issued the civil violation notice.
(2) Factual description of the alleged violation.
(3) Date of alleged violation.
(4) Section of the Code allegedly violated.
(5) Place, date and time of the hearing.
(6) Right of violator to be represented by an attorney.
(7) Right of violator to present evidence, witnesses and cross-examine witnesses.
(8) Notice that failure of violator to attend the hearing may result in civil penalty and administrative hearing costs being
assessed.
(9) Notice that requests for continuances will not be considered if not received by the Special Master at least five calendar
days prior to the date set for the hearing.
C. If there are cases to be heard, the Special Master shall call hearings on a monthly basis or upon the request of the Director.
Except for such circumstances as described herein, no hearing shall be set sooner than 10 calendar days from the date of
service not including Saturdays, Sundays and holidays.
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 Special Master at least five calendar days prior to the date set for the hearing.
E. All hearings of the Special Master shall be open to the public. All testimony shall be under oath. Assuming 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.
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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
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order of a Special Master is based. The Clerk shall make a reasonable charge commensurate with the cost for the
preparation of the official record on appeal and transmittal thereof to the Circuit Court for making certified copies of any
record or portion thereof.
~ 14-12. Rehearing.
A. Upon a filing of a petition for rehearing by a violator or by the City, a Special Master may rehear a case:
(1) To take additional testimony or issue a new order. The petition must be filed with the City Clerk and must demonstrate
that there is newly discovered evidence which could not have been discovered through the use of due diligence prior to
the original hearing and which will probably change the result if a rehearing is granted; or
(2) The Special Master has overlooked or failed to consider something that renders the order issued erroneous.
B. Each petition for rehearing must be filed within 10 days of the filing of the last order issued in the case.
~ 14-13. Recovery of unpaid civil penalties; unpaid penalties to constitute lien; foreclosure.
A. A certified copy of an order imposing a civil penalty 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 court judgment 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.
(1) Prior to the filing of the order imposing any civil penalties the Code Enforcement and Licensing Department shall
endeavor to notify the subject property owner of any civil penalties due to the City as follows:
(a) A "second notice" detailing the nature of the penalties and amount(s) due if payment of the penalties is not
received by the due date prescribed in the civil violation notice or the order of the Special Master.
(b) A final notice titled "notice of intent to lien" thereafter if the subject property owner fails to pay the amounts due
within 10 calendar days of the service of the "second notice".
(2) No such notices shall be required if the alleged violator fails to appear at the subject Special Master hearing. In such a
case the order of the Special Master shall be the final notice of intent to lien.
(3) Any and all orders recorded by the office of the City Clerk that impose penalties as prescribed herein shall not be
satisfied without the approval of the office of the City Attorney in conjunction with the Special Master based on a
recommendation from the Director of the Code Enforcement and Licensing Department.
B. The City may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties and code
enforcement liens.
C. No lien provided under this chapter shall continue for a period longer than 20 years after the certified copy of an order
imposing a fine has been recorded, unless within that time an action to foreclose on a lien is commenced in a court of
competent jurisdiction. In an action to foreclose on a lien, the prevailing party may recover interest and all costs, including a
reasonable attorney's fee, incurred in the foreclosure. The continuation of the lien affected 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.
~ 14-14. Enforcement provisions cumulative and supplemental.
Nothing contained in this chapter shall prohibit the City from enforcing its Code by any other means. 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.
~ 14-15. Additional enforcement powers.
In addition to the powers and authority given to the Special Masters for the City pursuant to this chapter, the City may, in its
discretion, exercise any powers given to municipalities or their Special Masters by Florida Statute, Chapter 162, as amended.
~ 14-16. Schedule of civil penalties. Editor's Note: See also Ch. 1, General Provisions, Art. II, Penalties, for additional penalty provisions.
A.
The schedule of civil penalties, as may be amended from time to time, shall be the same as set forth in Section 8CC-10 of
the Code of Miami-Dade County and is attached for convenient reference. Editor's Note: The full Schedule of Civil Penalties, based on
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the County Code, is on file in the office of the City Clerk. The Schedule of Modified Penalties, wherein specific City fines differ from the County Code, is
included at the end of this chapter.
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 nor more than $500 per day for a first violation and shall not be less than $50 nor more than
$750 per day for a repeat violation. For the purposes of continuing violations, each day shall constitute a separate violation.
S 14-17. Repealer.
Except for Section aCC-10 (Schedule of Civil Penalties) that shall remain in full force and effect, the remainder of Chapter acc of
the Miami-Dade County Code as made applicable to the City by Article a, ~ C-8.3, of the City Charter is hereby repealed.
http://www.e-codes.generalcode.com/searchresults. asp ?cmd=getdoc&DocId=4&Index=C%3 a%5cProgra... 2/23/2007
FROM: ,
_. ::....--,.
JUDGE LEIJENSON
F8X NO. :9548317680
Feb. 06 2007 11:358M P1
JUDGE ROBERT H. NEWMAN (SENIOR JUDGE)
..._,.. . -0\
The Hon Robert Newman
9811 Chantilly Point Ln.
Lake Worth, FL 33467-7085
fb 1- ~\..-t 1- 1l\ l, q
EDUCATION:
Miami Beach High School
College, University of Miami- 1950
Law School: University of Miami, J.D. 1952
MEDIATION/
NEGOTIATION:
Mediator with Mediation, Inc., a group of former judges.
And experienced trial attorneys providing neutral third
party intervention to settle major pending litigation
throughout the U.S.A.
Certified Circuit Court Mediator, State of Florida
LAW PRACTICE:
1952-1959 Private Practice
1959-1961 Assistant State Attorney
1961-1963 Assistant U.S. Attorney
1963-1978 Private Practice
JUDICIAL HISTORY:
Appointed to the County Court 1978
Appointed to the Circuit Court 1982
Administrative Judge Probate & Guardian Division
PROFESSIONAL ACTMTIES & ASSOCIATIONS:
U.S. Supreme Court (Admitted to practice before)
Chief Land Commissioner for the East Everglades
Vice-Chairperson of the Miami Dade County Conuilission on Ethics
& Public Trust
Former Secretary of National Board of Trustees & Leukemia Society
Of America, Inc.
Former Chainnan of the Planned Giving Committee and By-Laws
Committee
Former President of Temple Beth Am
Former Member of the Faculty of Florida New Judges College
Instructor at Dade County Conrmunity College Paralegal Program
Chief Special Hearing Officer for the City of Miami Beach
Board Member of the Guardianship Program of Dade County
DARCEE S. SIEGEL
169 Camden Drive
Bal Harbour, Florida 33154
(305) 948-2939
Fax: (305) 787-6004
PROFESSIONAL ADMISSIONS/CERTIFICATIONS:
Supreme Court of the State of Florida
U.S. Supreme Court
U.S. Court of Appeals, 11th Circuit
U.S. District Court, Trial Bar
U.S. District Court, Southern District of Florida
PROFESSIONAL AND OTHER ACTIVITIES:
American Bar Association
- Standing Committee on Public Education
- Torts and Insurance Practice Section
- Government and Public Sector Lawyers' Division
Dade County Bar Association
The Association of Tria] Lawyers of America
Defense Research Institute
SPECIAL APPOINTMENTS:
Special Master - City of Sunny Isles Beach
Special Master - Ba] Harbour Village
EMPLOYMENT:
1992-Present: CITY OF NORTH MIAMI BEACH - Assistant City Attorney
Handle all tort/personal injury litigation; Civil Police forfeiture proceedings; Civil Rights/false
arrest litigation; draft all City contracts; represent the City on all mortgage foreclosure and bankruptcy
cases; Attorney for City on all public taking/eminent domain proceedings against the Department of
Transportation; act as legal counsel for Code Enforcement Board, Civil Service Board and Planning and
Zoning Board; present cases before the Dade County Unsafe Structure Board resulting in Orders to
demolish such structures; act as legal counsel in Contract/Commercial litigation and negotiations; draft
resolutions and ordinances at the direction of the City Council.
1988-1992: CITY OF HOLLYWOOD - Assistant City Attorney
Chief Trial Attorney
City Prosecutor
Lead Trial Counsel in defending the City of Hollywood in all of its civil litigation involving
personal injury claims, civil rights violations, claims for declaratory and injunctive relief and allegations of
unconstitutional ordinances. Coordinator of the Law Clerk Program. Collected the most revenues for
municipal prosecutions in the City of Hollywood's history. Drafted major legislation, implementing "Safe
Neighborhood Act" and numerous municipal ordinances; revamped, amended, repealed and created new
ordinances in accordance with new statutes and case law; Legal Counsel for the Code Enforcement Board.
1985-1987: CITY OF MIAMI - Chief Law Clerk
Responsible for formulating legal theories and for drafting appropriate motions, memoranda, legal
opinions and briefs. Researched various issues in ] 983 Civil Rights cases, personal injury cases, election-
related cases, workers' compensation cases and zoning violation cases. Assisted on various matters in tort,
commercial, municipal, labor and contract law.
TEACHING POSITIONS HELD:
1989-1996: BROW ARD COUNTY COMMUNITY COLLEGE - Adjunct Professor
Taught courses such as TORT LAW and INTRODUCTION TO LEGAL ASSISTING to aspiring
paralegal students on a part-time basis.
1997: FLORIDA INTERNATIONAL UNIVERSITY- Adjunct Professor
Teaching LEGAL RESEARCH course to students through the School's Paralegal Studies Program.
EDUCATION:
LAW:
J.D., Walter F. George School of Law
Mercer University, Macon, Georgia, 1985
HONORS
Dean's List
Who's Who Among Students in American Universities and Colleges
Moot Court Board
Client Counseling Competition
Oral Finalist A ward - First Year Moot Court
UNDERGRADUA TE:
B.A., Tulane University, New Orleans, Louisiana, 1981
English Major, Dean's List
DATE AND PLACE OF BIRTH:
Junel],1959
Miami Beach, Florida
REFERENCES UPON REQUEST
~e~-~~-~3~1 05:16 PM MAURICE DONSKY
3135 669 551313
P.132
CURRICULUM VITAE
MAURICE EDWIN DONSKY
Home:
Offi~
145 Almeria Avenue
Coral Gables, Florida 33134
(305) 632-3040
Fax: (305) 669-5500
440 Rovino A venue
Coral Gables, Aorida 33156
(305) 667-5440
Family:
Married to Amira: two children; Sharon-31 and Brian-22
Education:
College: Clark University, Worcester, MA 1958-1962 B.A. Psychology
Law School: Rutgers Law School, Newark, N.J.- ].0. 1962-1965
Milit.a~:
United States Navy - 1965-1966
Current EmolQyment:
Law Offices Maurice E Donsky
Cora] Gables, FL. 1981-2001
Mediation of Civil Lawsuits 1995-2001
Florida Supreme Court Certification in Family, County and Circuit Civil matters
Coral Gables Ticket Hearing Officer 1997-2001
Responsible for administrative detemination of code enforcement violations in the City of
Coral Gables. Violations include the City Code, the City Zoning Code, Miami Dade
County Code, SOllth Rorida Building Code. The Ticket Hearing Officer is responsible for
bolding the hearings and assess fines against violators.
Village of Pi necrest Special Master and Ticket Hearing 1999-2001
Officer
Responsible for administrative determination of code enforcement violations in the Village
of Pinecrest. In view of the fact that the Village of Pinecrest does not have a Code
Enforcement Board (CEB) the Special Master acts as a CEB. The Special Master hears all
code enforcement violations; Village of Pinecrest Ordinance, Miami Dade County Code and.
South Florida Building Code. The Special Master hears Code violations, orders Code
Compliance and issues fines for violations.
~EB-ea-~a01 135:17 PM MAURICE DONSKY
305 669 55ee
p.e3
L.ic~n!!e~
Florida Bar 1972
Florida Real Estate Broker 1983
Bar Admittan~~
New York State 1966
State of Florida 1972
Bar MembersllipsL
The Aorida Bar
About Arnstein & Lehr LLP
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Attorney Profiles: Sonja K Dickens
Professional Activities
and Achievements:
Education:
Bar Admissions:
Partner
e-mail: skc!ickeos_@a rnsteLo ..~9m
phone: (954) 713-7619
office: Fort Lauderdale
Ms. Dickens is an AV-rated attorney, whose areas of
specialty include commercial litigation, appellate and first
impression land use litigation, local government law, real
estate litigation, and employment litigation. Ms. Dickens
represents both governmental and private clients.
Ms. Dickens currently serves as the City Attorney for the City
of Miami Gardens. She prOVides full legal service to the City
in all legal areas, including litigation, interpretation, drafting
and administration of municipal ordinances, and contracts,
real estate transactions and land use matters. She provides
general legal advice to the City on various matters,
including, but not limited to, labor relations, civil service
rights, bond issues, planning and zoning, code enforcement,
and community redevelopment.
Success South Florida Magazine has recognized Ms. Dickens
as a "Top 40 Under 40 Most Influential Black Business
Professionals." Ms. Dickens currently serves on the Board of
Directors for the Florida Memorial University Foundation, and
the Spelman College Alumnae Association-South Florida
Chapter. Ms. Dickens also teaches various legal courses.
In 2006, Florida Governor Jeb Bush appointed Ms. Dickens
to the Fourth District Court of Appeals' Judicial Nominating
Commission. As a member of the JNC, she will be
responsible for interviewing candidates for appointment to
judgeships and submitting slates of nominees to the
Governor's office.
University of Miami, School of Law (J.D.);
Spelman College (B.A., cum laude)
State of Florida
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I
4
"
;
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-311 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Allorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
The Honorable Mayor and Cit CO~ission
A. John Szerlag, City Mana r -L
February 15,2007
SPECIAL MASTER REAPPOINTMENTS/APPOINTMENT
RECOMMENDATION
It is recommended that the City Commission approve the attached resolution reappointing Judge
Robert Newman (Retired), Darcee Siegel, Maurice Donsky, and appointing Sonya K. Dickens as
Special Master(s) for the City of Sunny Isles Beach.
REASONS
Special Masters are the presiding officers at our Code Enforcement Administrative Hearings.
Administrative hearings provide a means by which individuals cited for code violations can
plead their case and be heard before an impartial party. Sunny Isles Beach Code Section 14-3
states that appointments of Special Masters shall be made by the City Manager, as needed, on the
basis of experience for a term of one year. The ordinance further states that reappointments shall
be submitted to the City Commission for ratification. Judge Robert Newman, Attorney Darcee
Siegel, and Attorney Maurice Donsky are our current Special Masters, serving with favorable
results to date. Therefore, I recommend reappointment for all. Additionally, it would be
desirable to have one additional Special Master because of a busy calendar and it is
recommended to appoint Sonya K. Dickens as Special Master.
ADDITONAL INFORMATION
Judge Robert Newman, Attorney Darcee Siegel, and Attorney Maurice Donsky have served as
Special Master for the City of Sunny Isles Beach for over five (5) years. They have also served
as Special Master for numerous other municipalities in Miami-Dade County.
c: City Attorney Hans Ottinot
Patricia SaintVil-Joseph, Deputy City Attorney
Special Masters: Judge Robert Newman, Darcee Siegel, Esq., Maurice Donskey, Esq. and
Sonya K. Dickens, Esq.
Jorge Vera, Assistant City Manager/Services
Robert Solera, Community Development Director
Cover Memo Spec Master - 2007 Appointments.Doc
Agenda Item \ 0 B>
Date 2 -\ S-o 1