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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) _(Yes) ~Yes) t/tYes) _(No) _(No) _(No) _(No) _(No) 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 General Code E-Code: City of Sunny Isles Beach, FL Page 1 of7 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 http://www.e-codes.generalcode.com/searchresults .asp ?cmd=getdoc&DocI d=4&Index=C%3 a%5cProgra... 2/23/2007 General Co~e E-Code: City of Sunny Isles Beach, FL Page 20f7 be made for a term of one year and first-time appointments shall be submitted to the Commission for ratification of the Manager's appointments. A. Special Masters need not be residents of the City but shall possess outstanding reputations for civic pride, interest, integrity, responsibility and business or professional ability. B. Appointments shall be made for a term of one year. Special Masters may be reappointed or removed, without cause, at the discretion of the Manager, subject to ratification by the Commission. Appointments to fill any vacancy shall be for the remainder of the unexpired term. Upon the termination of a term of an appointment as Special Master each Special Master shall continue to serve as Special Master until a new appointment of a replacement as Special Master has been made by the City Manager and such new appointment has been ratified by the City Commission. The Special Masters so appointed shall serve on a continually rotating basis. C. Special Masters shall not be City employees and shall be compensated at a rate not to exceed $250 per hearing date, which fee shall include case preparation, execution of final orders, attendance at all hearings including appeals, if necessary. D. If a Special Master is removed from a case in the event of a conflict of interest, the case may be assigned to another Special Master. E. If requested by the Special Master, the City Attorney shall serve as counsel to the Special Master. If an appeal is taken, the City Attorney shall represent the City at such proceeding; provided, however, if the City Attorney has represented the prosecutor at the earlier proceeding, s/he may not represent the City in that instance. Special counsel shall be appointed for that representation. ~ 14-4. Powers and duties of Special Masters. Special Masters shall have the power to: A. Apply the rules for the conduct of hearings adopted by the Commission. B. Subpoena violators and witnesses for hearings; subpoenas shall be served by the City Police Department, or by City staff. C. Subpoena evidence to hearings. D. Take testimony under oath and review evidence to make findings of fact and draw conclusions of law. E. Assess and order the payment of civil penalties as provided herein. F. Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. G. Assess administrative costs of no less than $60. ~ 14-5. Authority to initiate enforcement proceedings. Code Enforcement Officers shall have the authority to initiate code enforcement proceedings and to issue notices of civil violations as provided below. Special Masters shall not have such authority. A Code Enforcement Officer shall not by such designation have powers of arrest or subject the officer to the requirements of SS 943.085 through 943.255, F.S. (1995). ~ 14-6. Enforcement procedures. A. A Code Enforcement Officer is authorized to issue a warning notice of violation, in a form approved by the Department Director, prior to the issuance of a civil violation notice to a person based upon personal investigation, if the Officer has reason to believe that the violator has committed a civil infraction in violation of a duly enacted ordinance. The warning notice of violation shall specify a reasonable time period (warning period), not to exceed 30 calendar days, within which the violator must correct the violation. This determination shall be based on consideration of fairness; practicality; ease of correction; ability to correct; severity of violation; nature, extent, and probability of danger or damage to the public; degree of nuisance to neighbors and neighborhood; and other relevant factors relating to the reasonableness of the time period prescribed. B. If upon reinspection of the violation, which prompted the issuance of the warning notice of violation, said violation has not been corrected; the violator shall be subject to the issuance of a civil violation notice and liable for the associated civil penalties. C. If a Code Enforcement Officer has reason to believe that the violation represents a serious threat to the public health, safety or welfare, if the violation is a recurring violation as defined herein, or if the violation is an uncorrectable violation as defined herein, the warning period shall not be applicable and the civil violation notice may issue immediately. ~ 14-7. Civil violation notice. http://www.e-codes.generalcode.com/searchresults.asp ?cmd=getdoc&DocId=4&Index=C%3 a%5cProgra... 2/23/2007 Ueneral Code 1::':-Code: City ot Sunny Isles tleach, YL page j 01 / 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 http://www.e-codes.generalcode.com/searchresul ts .asp ?cmd=getdoc&DocI d=4&Index=C%3 a%5cProgra... 2/2312007 General Code E-Code: City of Sunny Isles Beach, FL Page 4 of7 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. http://www.e-codes.generaIcode.com/searchresul ts. asp ?cmd=getdoc&DocI d=4&Index=C%3 a%5cProgra... 2/23/2007 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 General Code E-Code: City of Sunny Isles Beach, FL Page 6 of7 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 http://www.e-codes.generalcode.com/searchresults.asp ?cmd=getdoc&DocId=4&Index=C%3 a%5cProgra... 2/23/2007 General Code E-Code: City of Sunny Isles Beach, FL Page 70f7 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 About Arnstein & Lehr LLP Attorney Name Select an Attorney Attorneys Practice Areas Client Resources Practice Area Select a Practice Area 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 http://www.arnstein.com/attorney s/Di ck ensSK. shtm I Page I of2 Monday, Febl News Office Select an Office 2/5/2007 About Arnstein & Lehr LLP . . Cl1il:~g() ll()ca Raton Fort Lauderdale Miami Tampa West Palm Beach U()ffm~nE~J~Jes MilwmJke~ (?:) Co ri( ht 2006, !\rnstcin & ,_cr1r UY Page 2 of2 site mal http://www.arnstein.com/attorneys/Di ckensS K. shtml 2/512007 I 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