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HomeMy WebLinkAboutOrdinance 99-73 ORDINANCE NO. 99-73 AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING A GENERAL PENALTY FOR VIOLATION OF THE CODE OF SUNNY ISLES BEACH, FLORIDA; ESTABLISHING CODE COMPLIANCE RESPONSIBILITY, CIVIL LIABILITY AND PENAL TIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR A REPEAL OF CONFLICTING PROVISIONS AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. The Code of the City of Sunny Isles Beach is hereby amended by adding a section that shall read as follows: Section 1. (1) (2) (3) Penalty for Code Violation ... General Penalty: Compliance: Civil Liability: Penalties. Unless otherwise specifically provided herein, any person violating any of the provisions of this Code shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the court having jurisdiction over the cause. Any person who violates or fails to comply with this Code shall also be subject to fines in accordance with Ordinance Nos. 98-21 and 98-57 of this Code. Each day of violation or noncompliance shall constitute a separate offense. Compliance with this Code is the responsibility of tenants, property owners and other responsible parties as herein established. Any person who violates a provision of this Code or any lawful rule, regulation or written order promulgated under this Code is subject to injunction or other equitable reliefto enforce compliance with or prohibit the violation of the Code. Further, such person is liable for any damage to the City of Sunny Isles Beach caused by such violation, and for the reasonable costs and expenses incurred by the City of Sunny Isles Beach in enforcing the provisions of this Code, including but not limited to, the costs of enforcement, inspections, preparation of enforcement reports, photographs, title searches, postage and other demonstrable administrative costs for enforcement and collection. All such sums shall become immediately due -1- and payable upon expenditure by the City and shall become delinquent if not paid within thirty (30) days after receipt by the violator of a department's bill itemizing the enforcement costs incurred in enforcing the provisions of this Code (the "due date"). All such delinquent sums shall bear interest at the rate of twelve percent (12%) per annum. (4) In addition to the foregoing, any person who violates a provision of this Code or any lawful rule, regulation or written order promulgated under this Code is subject to the judicial imposition of a civil penalty for each offense of an amount not to exceed five thousand dollars ($5,000.00) per offense. In assessing the penalty, the court may receive evidence in mitigation. Each during any portion of which a violation occurs constitutes a separate offense. (5) Upon the rendition of a judgment or decree by any of the courts ofthis State against any person and in favor of the City in any action to enforce compliance with or prohibit the violation of the provisions of this Code, the court shall adjudge or decree against that person and in favor of the City, a reasonable sum as fees or compensation for the attorney acting on behalf of the City in the suit in which recovery is had. Such fees or compensation shall be included in the judgment or decree rendered in the case. This provision shall apply to all civil actions filed after the effective date of this ordinance. Cessation of the violation of any of the provisions of the Code prior to rendition of a judgment or prior to execution of a negotiated settlement, but after an action has been filed by the City to enforce the provisions of this Code, shall be deemed for the purposes of this section, the functional equivalent of a confession of judgment or verdict in favor of the City, for which attorney's fees shall be awarded as set forth in this section. (6) Nothing in this section shall be construed to permit or require the City to bring an action on behalf of any private person. Section 2. Severability. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. Inclusion in the Code. It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall be included in the Code of the City of Sunny Isles Beach. The sections of this ordinance may be renumbered or re-Iettered to accomplish such intention, and the word "ordinance" may be changed to "section" "article," or other appropriate word. Section 4. ReJ>ealer. All Ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Penalty for Code Violation ... -2- Section 5. Effective Date. This Ordinance shall take effect ten (10) days after adoption upon second reading PASSED AND ADOPTED on first reading the 13th day of May, 1999. PASSED AND ADOPTED on second reading this 17th day of June, 1999. " ATTEST: :\(~~~LtCA lUchard Brown-Morilla, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Motion on second reading by: Commissioner Kauffman Second on second reading by: Commissioner Iglesias VOTE: 5-0 Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow yes.Lno_ yes.Lno_ yes.Lno_ yes.Lno_ yes.Lno_ Penalty for Code Violation ... -3-