O-449-82 ORDINANCE NO. 449-82
AN ORDINANCE AMENDING SECTIONS 2-22, 2-24, 2-26 AND 2-27
INCL. , OF THE CODE OF ORDINANCES QF MIAMI SHORES VILLAGE,
TO COMPLY WITH CHANGES REQUIRED V CH. 82-37, F.S. , IN
REGARD TO LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS.
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
SECTION I: Sections 2-22, 2-24, 2-26 and 2-27 incl. ,of the Code
Ordinances-dfMiami Shores Village read as follows:
Section 2-22. 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 available.
(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 initial terms, subsequent
appointments for three years shaT.1 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 .terTn.
Any member who fails to attend two of three successive meet-
ings 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 constitute 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 2-24. 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 necessi-
tates. The Village Council shall provide clerical and adminis-
trative personnel as may be reasonaly 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 the 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 heyein. 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 presented
to a court if the order is appealed.
Section 2-26. 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 DOLLARS ($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 Records 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 attorney to foreclose
on the lien.
Section 2-27. 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 II: Sections 2-22, 2-24, 2-26 and 2-27 inclusive, of
the Code of Ordinances of Miami Shores Village, be and the same are hereby
am I ended to read as follows:
Section 2-22. CODE ENFORCEMENT BOARD
(a) There is hereby created and established a
code enforcement board to enforce the occupational license,
building, fire, zoning, sign and othbr related codes and
ordinances which board shall consist of seven (7) 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, include 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 available.
(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.
(4) For the membership created in 1982, one (1 )
member shall be appointed for a term to end
on September 30, 1984.
Upon expiration of initial terms, subsequent
appointments for three years shall be made. A member may be
re-appointed for one successive term by the Village Council .
Appointments to fill a vacancy shall be for the remainder of
the unexpired term. If any member fails to attend two of three
successive meetings without cause and without prior approval of
the Chairman, the Board shall declare the member's office vacant,
and the Village Council shall promptly fill such vacancy for the
remainder of the term.
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(c) The members of the enforcement board shall
elect a chairman from among its members. The presence of four
(4) or more members shall constitute 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 2-24. CONDUCT OF HEARING.
(a) The chai man 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
convene no less frequently than once every two (2) months, but
it 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 perform-
ance of the board's 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 the 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
(�) 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 four (4) members of the board must vote
for the action to be official .
Section 2-26. (a) 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
f i ne not to exceed Two Hundred and Fi fty Dol 1 ars ($250.00) for
each day the violation continues passed the date set for compli-
ance. A certified copy of an order imposing a fine may be
recorded in the Public Records and thereafter shall constitute
a lien against the land on which the violation exists or, if
the violator does not own the land, upon any other real or
personal property owned by the violator and may be enforced
in the same manner as a court judgment by the sheriffs of this
State, including levy against the personal property, but shall
not be deemed otherwise to be a judgment of a court except for
enforcement purposes. After one (1) year from the filing of
any such lien which remains unpaid, the board may authorize
the city attorney to foreclose on the lien.
(b) DURATION OF LIENS.
No lien provided by this ordinance shall continue
for a longer period than two (2) years after the certified copy
of an order imposing a fine has been recorded, unless within
that time an action to foreclose on the lien is commenced in
a court of competent jurisdiction. The continuation of the
lien effected by the commencement of the action shall not be
good against creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis pendens
is recorded.
Section 2-27. APPEALS.
An aggrieved party, including Miami Shores Village,
may appeal a final administrative order of the enforcement board
to the Circuit Court. An appeal shall be filed within thirty (30)
days of the date of the written order appealed.
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SECTION III
This ordinance shall take effect upon adoption.
PASSED on first reading this 16th day of November 1982.
PASSED AND ADOPTED on second reading this 7th day of
December 1982.
Robert J. Lodgy///
Mayor
ATTEST:
—Ile
Village Clerk
Approved as to form:
Vi 11 age Attorney
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