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O-670-08 ORDINANCE NO. 670-08 AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES,FLORIDA; AMENDING THE VILLAGE CODE OF ORDINANCES, CHAPTER 2 "ADMINISTRATION", ARTICLE IV "CODE ENFORCEMENT", TO FACILITATE THE USE OF CODE ENFORCEMENT AS A MEANS TO PROCESS VIOLATIONS OF THE DANGEROUS INTERSECTION SAFETY REGULATION, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council proposes to enact, or has enacted, an ordinance addressing dangerous intersection safety; and WHEREAS, the Village Administration, as a means to administer and process violations arising from the dangerous intersection safety ordinance, proposes to use the Code Enforcement violation procedure to process violations; and WHEREAS, in order to facilitate the use of the Code Enforcement procedures, it is in the best interest of the Village to adopt this ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE,FLORIDA: Section 1. That Chapter 2, Article IV, Section 2-78 of the Miami Shores Village Code of Ordinances is hereby amended as follows: Sec. 2-78. Powers The code enforcement board shall have the power to: (1) Adopt rules for the conduct of its hearings; (2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the police department of the village; (3) Subpoena evidence; (4) Take testimony under oath; (5) Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance; (6) Adjudicate infractions relating to red light signal violations issued pursuant to Chapter 15-3 of the Code. Section 2. If any section, sentence,clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance,which shall be deemed to be severable therefrom. Section 3. All ordinances or parts of ordinances in conflict herewith or inconsistent herewith, are hereby repealed,but only insofar as such ordinances may be inconsistent or in conflict with this Ordinance. Section 4. This Ordinance shall become effective immediately upon adoption at second and final reading. PASSED on first reading this 7'11 day of October,2008. PASSED AND ADOPTED on second and final reading this 18"' day of November ,2008. ATTEST: d �'. g Herta Holly,MayorIJ Barbara A. Estep,MM Village Clerk APPROVED AS TO FORM: Richard Sarafan Village Attorney