HomeMy WebLinkAboutOrdinance 2018-528 ORDINANCE NO. 2018 - 5.25(
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 14-10 OF
THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES
BEACH TO REVISE THE ADMINISTRATIVE FEE FOR SPECIAL
MAGISTRATE HEARINGS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
REPEALER; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by Section 14-10 of the Code of the City of Sunny Isles Beach, the City
Commission adopted an administrative fee for Special Magistrate Hearings; and
WHEREAS, the City Manager has the authority to review all fees to determine if an
adjustment to the fee schedule should be recommended to the City Commission; and
WHEREAS, based on a review of the fee schedule, the City Manager is recommending
an adjustment to the fee schedule in Section 14-10 of the City Code.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1: Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part by this Ordinance upon
adoption hereof
Section 2; Amendment. Section 14-10 of Chapter 14 of the City Code is amended as follows:
§ 14-10. —Schedule and Conducts of Hearing.
M. If the named violator is found guilty of the violation s/he shall be held liable for the reasonable
coast of the administrative hearing costs of no less than $75.00 $150.00.
N. The fact-finding determination of the Special Magistrate 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 Magistrate shall either affirm or reverse the decision of the Code Enforcement Officer.
If the Special Magistrate reverses the decision of the Code Enforcement Officer and finds the
named violator not responsible for the Code violation in the alleged 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 Magistrate's findings
pursuant to any circuit court appeals.
Words added underlined,words strisker+deleted
0. The decision of the Special Magistrate affirming the decision of the Code Enforcement Officer
shall include the following elements:
(1) Amount of civil penalty.
(a) Prescribed in the schedule of civil penalties as adopted herein.
(b) Gravity of the violation.
(c) Actions taken to correct said violation.
(d) Any previous violations committed by the violator of a similar nature.
(e) The Special Magistrate may mitigate the amount of civil penalties assessed in an
amount up to but not in excess of 50% of the total amount of civil penalty, not
including administrative costs. Provided, however, in no case shall mitigation occur
prior to satisfactory correction of the violation or other permanent disposition of the
building or property that obviates the need for correction. The administrative costs
of the hearing shall not be subject to mitigation at any time.
(1) Administrative costs of the hearing, which shall represent the costs incurred by the
City in preparation for the specific hearing, shall be no less than $75.00 $150.00.
(2) Date by which the violation must be corrected to prevent resumption of continuing
violation penalties, if any.
Section 3. 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 to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
classes, 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 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained,
that the provisions of this Ordinance shall become and be made a part of the Code of the City of Sunny
Isles Beach, Florida; and that the section of this Ordinance may be renumbered or re-lettered to
accomplish such intentions, and that the word "ordinance" shall be changed to "section" or other
appropriate word, as required.
Section 5. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on the
second reading.
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PASSED and ADOPTED on First Reading the 7-D day of 5th I YVI Esc , 2018.
PASSED and ADOPTED on Second Reading the (,Vt.y o QE g- , 2018.
George "Bud' Scholl, Mayor
ATTEST:
Atirm
Mauricio :-ta cur, 1 MC, City Clerk
APPROVED AS TO FORM
AND L AL SUFFICIENCY
wk
Ottinot, City Attorney
Moved by: VI katAlog. ai_tok-0
Seconded by: COONAK4togt,R- 641-TD
Vote:
Mayor Scholl J (Yes) (No)
Vice Mayor Goldman ✓ (Yes) (No)
Commissioner Aelion ' (Yes) (No)
Commissioner Gatto 1/ (Yes) (No)
Commissioner Svechin V (Yes) (No)
Words added underlined,words strisker3 deleted
SooNY ts�` Cityof SunnyIsles BeachCity Commission
s George"Bud"Scholl,Mayor
° <--*..,..- . F 18070 Collins Avenue, Suite 250 Dana Goldman,Vice Mayor
h -g n Isaac Action,Commissioner
6 _ = Sunny Isles Beach, Florida 33160
Jeanette Gatto,Commissioner
s, 305 947-0606 CityHall
*��''t. ( ) Larisa Svechin,Commissioner
(305)949-31 13 Fax
�9 _7.)
Christopher J.Russo,City Manager
tiF9'' (305)947-2150Building Department
��r � (305)947-5107 Fax Hans Ottinot,City Attorney
'of sus r Mauricio Betancur,CHIC,City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney $11j)
DATE: September 20, 2018 .
RE: Ordinance Amending Chapter 14 of the City Code re: Administrative Fee for
Special Magistrate Hearings
RECOMMENDATION:
This Ordinance is presented for your consideration and approval.
REASONS:
The purpose of the attached Ordinance is to update the Administrative Fee for Special Magistrate
Hearings. The fee is currently $75.00, and this Ordinance will change the fee to $150.00. This fee
increase was determined after review of fees from other nearby cities.
This Ordinance was requested by the Office of the City Manager.
•
City Commission
Amending Chapter 14 of the City Code