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HomeMy WebLinkAboutOrdinance 99-71 ORDINANCE NO. 99- 1- \ AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 98-21 & 98-57 ESTABLISHING A CODE ENFORCEMENT PROCEDURE; PROVIDING FOR AMENDED DEFINITIONS TO INCLUDE RECURRING VIOLATIONS; PROVIDING FOR AMENDMENTS TO SECTION 3 RELATING TO QUALIFICATIONS OF SPECIAL MASTERS; APPOINTMENT AND REMOVAL; COMPENSATION; PROVIDING FOR AMENDMENTS TO SECTION 6 RELATING TO WARNING NOTICES OF VIOLATION; PROVIDING FOR AMENDMENTS TO SECTION 8 RELATING TO CIVIL PENALTIES AND RELATED TERMS CONSTRUED; PROVIDING FOR AMENDMENTS TO SECTION 9 RELATING TO CIVIL VIOLATION NOTICES; PROVIDING FOR AMENDMENTS TO SECTION 10 RELATING TO SCHEDULING AND CONDUCT OF HEARING; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: CODE ENFORCEMENT Section 1. Section 1 of the original ordinance as amended entitled "Defmitions" is amended as follows: For the purposes of this Ordinance, 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. (A) "Code" means 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, Section 8.3 of the City Charter, or such other land development regulations or ordinances as may be adopted by the City thereafter. (B) "Code Enforcement Officer" means 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. 098-21 Code Enf. Amendment 1 (C) "Continuing Violation" means 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. (D) "Manager" means the City Manager or his designee. (E) "Notice of Violation" means a civil violation notice issued to a Violator in accordance with the provisions of this Ordinance. (F) "Person" means any individual partnership, limited partnership, trust, corporation, association or other entity. (G)(IJ) "Repeat Violation" means 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. (H)(I) "Special Master" means a person appointed pursuant to Section 3 of this Ordinance. (I) <I) "Commission" means the City Commission. (J.)(IJ) "City" means the City of Sunny Isles Beach. (K)(I) "Violator" means that person or entity responsible for a violation of the Code and, if different, the owner ofthe property involved. (6)(1) "Uncorrectable Violation" means 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. Section 2. Section 3 of the original ordinance as amended "Qualifications of Special Masters: Appointment and Removal: Compensation" is amended as follows: Appointments of Special Masters shall be made by the Manager, as needed, on the basis of experience, skills and abilities and, wherever possible, shall include persons with legal zoning, engineering and/or construction experience. Such appointments shall be made for a term of one (1) year and first time appointments shall be submitted to the Commission for ratification of the Manager's appointments. 098-21 Code Enf. Amendment 2 (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 (1) year. Special Masters may be re- appointed or removed, without cause, at the discretion of the Manager, subject to ratification by the Commission. A ointments to fill an vacanc shall be for the remainder of the unex ired term. (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 fmal 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 Special Master at the earlier proceeding, s/he may not represent the City in that instance. Special counsel shall be appointed for that representation. Section 3. Section 6 of the original ordinance as amended entitled "Enforcement Procedures" is amended as follows: (A) based upon personal investigation, the officer has reason to believe that the Violator has committed a civil infraction in violation of a duly enacted Ordinancel aae 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. 098-21 Code Enf. Amendment 3 (B)<I) If a Code Enforcement Officer has reason to believe that the violation re resents a serious threat to the ublic health, safe or welfare, .. or if the violation is an Uncorrectable Violation as defined a9Ewe the eell'0etieR licable and the Netiee ef VielatieR immediately. Section 4. Section 8 of the original ordinance as amended entitled "Civil Penalties and Related Terms Construed" is amended as follows: (A) Penalties for violations of the provisions to be enforced through this Ordinance shall be in the amounts prescribed in the schedule of civil penalties contained in Section 15 of this Ordinance. Provided however, that the maximum civil penalty shall be $250 for a single violation. 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. (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 pursuant to this section are due and payable to the City of Sunny Isles Beach on the last da of the eriod allowed for the filing of an appeal from the hear..Bg effieer s decision, or, if~ appeal is made, when the appeal has been finally decided adversely to 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 by Section 15 of this Ordinance. 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 $500.00. (E) A Repeat Violation which remains uncorrected beyond the time prescribed for correction in the Civil Violation Notice 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 which has one or more officers, major shareholders or general partners in common with another entity which violated the same code provision within five (5) 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 paragraph shall apply only where the common officer (s), major 098-21 Code Enf. Amendment 4 shareholder(s), or general partner(s) are or were actively involved in the management ofthe 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 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 in Section 7(A) of this Ordinance. If correction is not made within ~eriod set by the Special Master, Continuing Violation penalties shall begin to accrue ~ after the time 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 are due and payable to the City on the last day of the period allowed for the filing of an appeal from the Special Master's decision, or, if a proper appeal is made, when the appeal has been finally decided adversely to the named Violator. Section 5. Section 9 "Ri~hts of Violators: Payment of Fine: Ri&ht to Appeal: Failure to Pay and Correct or to Appeal" is hereby amended as follows: (A) A Violator who has been served with a Civil Violation Notice shall elect to: (1) Cerreet the ':ielatioR within the time speeiHed eft the Notiee ef '.'ielatien te a'/eia the eiyil p€Jft6Ity; or ~ 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 ~ Request an administrative hearing before a Special Master to appeal the decision of the Code Enforcement Officer which resulted in the issuance ofthe Civil Violation Notice. (B) An appeal of the Civil Violation Notice shall be accomplished by filing a request in writing to the address indicated on the Civil Violation Notice, not later than seven (7) 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 Manager shall be informed of such 098-21 Code Enf. Amendment 5 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. Section 6. Section 10 entitled "Schedulin~ and Conduct of Hearine" paragraph (A) is amended as follows: (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 for in Section =I- I, the City Manager, 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. Section 7. Applicability. Except as otherwise specifically amended herein, all other terms and codes of Ordinance 98- 21 and 98-57 shall remain in full force and effect. Section 8. Repeal of Conflict Provisions. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 9. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held up to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 10. Codification. 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 City of Sunny Isles Beach Code. Sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 11. Effective Date. This Ordinance shall take effective ten (10) days after adoption on second reading. 098-21 Code Enf. Amendment 6 PASSED AND ADOPTED ON FIRST READING the \~~ay of ~, 1999. PASSED AND ADOPTED ON SECOND READING this t'~{\- dayof ~ ,1999. ....; t .: . , ..,,;1 ~T..tEST: . _ ,5tj~~~ '.... Ri~hard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Moved by: Seconded by: ~v..,)~ ~ VOTE AS FOLLOWS: q-O- \ Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow (~es ( es ( yes ( )yes (0yes ( )no ( )no ( )no ()no Mo _...j'" vI_ ( )no 098-21 Code Enf. Amendment 7