O-422-80 ORDINANCE NO. 422-80
AN ORDINANCE ESTABLISHING A CODE ENFORCEMENT BOARD; PROVIDING
PENALTIES FOR VIOLATIONS THEREOF; PROVIDING DEFINITIONS, ORGAN-
IZATION OF BOARD, ENFORCEMENT PROCEDURES, HEARINGS, POWERS OF
THE BOARD, FINES, APPEALS AND EFFECTIVE DATE.
BE IT ORDAINED by MIAMI SHORES ,VILLAGE:
Section I: That the Code of Ordinances of Miami Shores
Village shall stand amended to include Chapter 22 , which is hereby
enacted to read as follows:
Section 22-1. DEFINITIONS
(a) "Code Inspector" means any authorized agent or
6mployee of the municipality whose duty it is to insure code
dompliance.
(b) "City Attorneyll means the legal counsellor for
the municipality.
(c) "Enforcement Board" means the code enforcement
board.
Section 22-2 . CODE ENFORCEMENT BOARD
(a) There is hereby created and established a code
enforcement board to enforce the occupational license, building,
fire, zoning, sign and other related codes and ordinances which
board shall consist of six (6) members appointed by the Village
council for three(3) year terms, except as set forth herein.
Appointments shall be made on the basis of experience or interest
in the fields of zoning and building control. The membership
of the enforcement board shall, whenever possible, consist of
an architect, a businessman, an engineer, a general contractor,
a subcontractor, and a realtor, but shall not be limited to
these professions if there are no such qualified persons avail-
able.
(b) The initial appointments to the enforcement
board shall be as follows:
(1) Two (2) members appointed for a term to
end on September 30, 1981.
(2) Two (2) members appointed for a term to
end on September 30, 1982.
(3) Two (2) members appointed- for a term to
end on September 30, 1983.
Upon expiration of intial terms, subsequent appointments
for three years .shall be made. Any member may be re-appointed by
the Village council. Appointments to fill a vacancy shall be for
the remainder of the unexpired term. Any member who fails to
attend two of three successive meetings without cause and without
prior approval of the Chairman shall automatically forfeit his
appointment, and the Village Council shall 'promptly fill such
vacancy for the remainder of the term.
(c) Members of the enforcement board shall elect a
chairman. The presence of four (4) or more members shall con-
stitute a quorum. Members shall serve without compensation, but
may be reimbursed for such travel, mileage, and per them expenses
as may be authorized by the Village Council.
Section 22-3. ENFORCEMENT PROCEDURES
(a) It shall be the duty of the code inspector to
initiate enforcement proceedings of the various codes. No member
of the board shall have the power to initiate such enforcement
proceedings. .
(b) Except as provided in sub-section (c) , if a violation
of any code is found, the code inspector shall notify the violator
and give him reasonable time to correct the violation. Should
the violation continue beyond the time specified for correction,
the code inspector shall notify the enforcement board and request
a hearing pursuant to the. procedure in the following section.
Written notice shall be mailed to said violator as provided herein.
(c) If the code inspector has reason to believe a
violation presents a serious threat to the public health, safety,
or welfare, the code inspector may proceed directly to the procedure
set forth in Section 22-4.
Section 22-4. CONDUCT OF HEARING
(a) The chairman of the board may call hearings of the
board. Hearings may also be called by written notice signed by
at least three (3) members of the board. The board, at any hearing,
may set a 'future hearing date. The board shall attempt to convene
no less frequently than once every two (2) months, but may meet
more or less often as the demand necessitates. The Village Council
shall provide clerical and administrative personnel as may be
reasonably required for the proper performance of the boards
duties.
(b) Each case before the board shall be presented
by the city attorney or by a member of the administrative staff
of the municipality.
(c) The board shall proceed to hear the cases on the
agenda for that date. The board shall take testimony from the
code inspector and alleged violator. All testimony shall be
under oath and shall be recorded. Formal rules of evidence
shall not apply, but fundamental due process shall be observed
and govern said proceedings.
(d) At the conclusion of the hearing, the board shall
issue findings of fact based on evidence and conclusions. of law
and shall issue an order affording the proper relief consistant
with powers granted herein. The findings shall be by motion
approved by a majority of those present and voting, except that
at least three (3) members of the board must vote for the action
to be official. The record shall be �resented to a court if the
order is* appealed.
Section 22-5 . POWERS OF THE ENFORCEMENT BOARD
The enforcement board shall have the power to:
(a) Adopt rules for the conduct ,of. its hearings.
(b) To subpoena alleged violators and witnesses to
its hearings. Subpoenas may be served by the police department
of Miami Shores Village.
(c) S�Ibpoena evidence.
(d) Take testimony under oath.
(e) Issue orders having the force of law commanding
whatever steps are necessary to bring a violation into compliance.
Section 22-6. FINES
The enforcement board, upon notification by the code
inspector that a previous order of the board has not been complied
with by the set time, may order the violator to pay a fine not to
exceed FIVE HUNDRED and no/100 DOL�ARS ($500.00) for each day the
violation continues passed the date set for compliance. A certified
copy of an order imposing a fine may be recorded in the Public Re-
cords and thereafter shall constitute a lien against the land on
which the violation exists. After one (1) year from the filing of
any such lien which remains unpaid, the board may authorize the
city attcrney to foreclose on the lien.
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Section 22-7. APPEALS
An aggrieved party may appeal a ruling or order of the
enforcement board by certiorari to the Circuit Court. An appeal
shall be filed within thirty (30) days of the date of the written
order appealed.
Section 22-8. NOTICES
All notices required. by this ordinance shall be by
certified mail, return receipt requested, or where mail would
not be effective, by hand delivery by the code inspector.
Section 22-9. CODE ENFORCEMENT METHOD—OPTIONS
None of the provisions contained in this Chapter shall
be considered to be exclusive. The enforcement board or code
inspector shall have the option to use any method provided by
the Code of Ordinances and other applicable laws to enforce the
provisions of the various codes of Miami Shores Village.
Section II: That all ordinances or parts of ordinances
in conflict herewith be, and the same are, hereby repealed.
Section III: If any section, subsection, clause or
provision of this ordinance is held invalid, the remainder o�f
this ordinance shall not be affected by such holding.
Section IV: This ordinance shall take affect on
October 1, 1980.
APPROVED ON FIRST READING THIS DAY OF
1980.
ADOPTED ON SECOND READING THIS /4:,, DAY
or 1980.
ATTESTd��,
City Clerk R
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