HomeMy WebLinkAboutOrdinance 2004-202
ORDINANCE NO. 2004- 202
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RENDERING IT UNLAWFUL FOR
ANY ELECTED OR APPOINTED OFFICIAL OR EMPLOYEE OF THE
CITY TO CANCEL, VOID, REDUCE OR INTERFERE WITH A CIVIL
VIOLATION NOTICE, CITATION, TICKET OR FINE ISSUED BY THE
CITY'S CODE ENFORCEMENT DEPARTMENT EXCEPT BY A CODE
ENFORCEMENT OFFICER WHEN THE ISSUANCE OF SUCH
VIOLATION WAS IN ERROR; PROVIDING FOR REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN INCLUSION
INTO THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor of the City of Sunny Isles Beach has made a commitment to
ethics on the part of the City; and
WHEREAS, the elected officials have received numerous requests for the voiding of
civil violation notices, citations, tickets and/or fines and has regularly declined to do same; and
WHEREAS, the Mayor would like to have an Ordinance for the record prohibiting such
activity, except by a Code Enforcement officer, under certain circumstances and providing for
procedures for those circumstances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Voiding of Civil Violation Notice. Citation. Ticket or Fine as Unlawful. It shall
be unlawful for any elected or appointed official or employee of the City, to cancel, null or void
any civil violation notice, citation, ticket or fine which may be issued by the City's Code
Enforcement department, provided, however, that when it shall appear to the officer issuing such
summons, citation or ticket, that an issuance was made through error or misunderstanding of the
facts or law, such Code Enforcement officers shall be entitled to void this summons, citation or
ticket utilizing procedures set forth in this Ordinance.
Section 2. Procedures for Voiding bv a Code Enforcement Officer. In the event an officer
has determined a violation notice, citation, ticket or fine has been made through error or
misunderstanding of facts or law, such Code Enforcement officer shall void same by marking the
notice, citation or ticket void, and affixing his/her signature thereto, and also attaching a written
statement explaining the reasons and facts for his/her action in voiding the violation notice,
citation, ticket or fine.
Section 3. Repeal of Conflicting Ordinances. All prior ordinances or parts thereof in conflict
herewith, are hereby repealed to the extent of such conflict.
Section 4. Severabilitv. The provisions of this Ordinance are declared severable and if any
section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid
or unconstitutional, such decision shall not effect the validity of the remaining sections,
sentences, clauses and phrases of this Ordinance but shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City Commission of the City of
Sunny Isles Beach, that the provisions of this Ordinance shall become and be made a part of the
City of Sunny Isles Beach Code of Ordinances.
Section 6.
reading.
Effective Date. This Ordinance shall be effective ten (10) days after second
PASSED AND ADOPTED on first reading this 15th day of April, 2004.
PASSED AND ADOPTED on second reading this 6th day of May, 2004.
(signed Norman S. Edelcup)
Norman S. Edelcup, Mayor
ATTEST
(signed Jane A. Hines)
Jane A. Hines, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
(signed Lvnn M. Dannheisser)
Lynn M. Dannheisser, City Attorney
Moved by: Commissioner Dannv Iglesias
Second by: Commissioner Lewis J. Thaler
VOTE: 5-0
Mayor Edelcup
Vice-Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
~(yes)
~(yes)
~(yes)
~(yes)
~(yes)
_(no)
_(no)
_(no)
_(no)
_(no)
OrdinanceNoiding Code Enforcement Violations Unlawful 2
4n/2004 - 2: 18 PM ch
.Clerk's Note [03/01106 Staff noted original Ordinance No. 2004-202 was missing W1d created an unsigned original for the record.}