HomeMy Public PortalAbout1992-14 Establishing a code enforcement procedureORDINANCE NO. 92-14
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; ESTABLISHING A CODE ENFORCEMENT
PROCEDURE; PROVIDING DEFINITIONS; PROVIDING
FOR CIVIL OFFENSES AND PENALTIES; PROVIDING
FOR QUALIFICATIONS, APPOINTMENT, REMOVAL AND
COMPENSATION OF SPECIAL MASTERS; SETTING FORTH
THE POWERS OF SPECIAL MASTERS; PROVIDING FOR
AUTHORITY TO INITIATE ENFORCEMENT PROCEEDINGS;
PROVIDING ENFORCEMENT PROCEDURES; DESCRIBING
THE CONTENTS AND METHOD OF SERVICE OF WARNINGS
AND CIVIL VIOLATION NOTICES; SETTING FORTH THE
RIGHTS OF VIOLATORS; PROVIDING FOR PAYMENT OF
FINES; PROVIDING FOR THE_ SCHEDULING AND
CONDUCT OF HEARINGS BEFORE SPECIAL MASTERS;
PROVIDING REMEDIES TO RECOVER UNPAID CIVIL
PENALTIES; PROVIDING FOR APPEALS OF ORDERS OF
SPECIAL MASTERS; PROVIDING FOR ADDITIONAL
ENFORCEMENT POWERS; ESTABLISHING A SCHEDULE OF
CIVIL PENALTIES; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the Code of the Village of Key Biscayne is
hereby amended by adding a new chapter which shall read as follows:
CHAPTER
CODE ENFORCEMENT
Sec. 1. Definitions.
For the purposes of this Ordinance, the following terms,
phrases, words, and their derivations shall have the meaning
given herein. When not inconsistent with the context, words
used in the present tense include future, words in the plural
number include the singular number and visa versa. The word
"shall" is always mandatory and not merely directory.
(A) "Code" means collectively the Village of Key Biscayne Code
of Ordinances and applicable sections of the Code of
Metropolitan Dade County as made applicable to the Village
pursuant to Article VIII, Section 8.03 of the Village Charter.
(B) "Code Enforcement Officer" means any authorized agent or
employee of the Village whose duty it is to assure compliance
with the Code.
(C) "Continuing Violation" means a violation which remains
uncorrected beyond the time period for correction contained in
either the civil violation notice or the final order of the
Special Master, whichever is applicable.
(D) "Manager" means the Village Manager.
(E) "Notice" means a civil violation notice issued to a
Violator in accordance with the provisions of this Ordinance.
(F) "Repeat Violation" means a violation of a provision of
the Code by a person whom the Special Master has previously
found to have violated the same provision of the Code. A
Repeat Violation can occur only after correction of the
previous violation has been made.
(G) "Special Master" means a person appointed pursuant to
Section 3 of this Ordinance.
(H) "Trustees" means the Village's Board of Trustees.
(I) "Village" means the Village of Key Biscayne.
(J) "Violator" means that person or entity responsible for a
violation of the Code.
(K) "Uncorrectable Violation" means a violation which is
irreparable or irreversible in nature and which cannot be
remedied after the violation has been committed because the
violation constitutes a single prohibited act rather than an
ongoing condition or circumstance.
(L) "Warning" means a written warning issued to a Violator in
accordance with the provisions of this Ordinance.
Sec. 2. Civil Offenses and Penalties.
A violation of the Code shall constitute a civil offense
punishable by civil penalty in the amount prescribed in
Section 17 of this Ordinance as may be modified in accordance
with Section 12 of this Ordinance.
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Sec. 3. Qualifications of Special Masters; Appointment and
Removal; Compensation.
Appointments of Special Masters shall be made by the Mayor as
needed on the basis of experience or interest in code
enforcement. Such appointments shall be submitted to the
Trustees for ratification.
(A) Special Masters shall be residents of the Village and
shall possess outstanding reputations for civic pride,
interest, integrity, responsibility and business or
professional ability.
(B) Appointments shall be made for a term of one year.
Special Masters may be reappointed at the discretion of the
Mayor, subject to ratification by the Board of Trustees.
(C) Special Masters shall not be Village employees but may be
compensated at a rate to be determined by administrative
order.
Sec. 4. Powers of Special Masters.
Special Masters shall have the power to:
(A) Adopt Rules for the conduct of hearings.
(B) Subpoena Violators and witnesses for hearings; subpoenas
shall be served by the Village Police Department or by the
Village staff.
(C) Subpoena evidence to hearings.
(D) Take testimony under oath.
(E) Assess and order the payment of civil penalties as
provided herein.
(F) Issue orders having the force of law to command whatever
steps are necessary to bring a violation into compliance.
Sec. 5. Village Attorney to Serve as Counsel.
The Village Attorney shall provide legal advice to the Special
Masters. If an appeal is taken pursuant to Section 14 of this
Ordinance, the Village Attorney shall represent the Village at
such proceedings.
Sec. 6. Authority to Initiate Enforcement Proceedings.
Code Enforcement Officers shall have the authority to initiate
code enforcement proceedings as provided in Section 7 of this
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Ordinance. Special Masters shall not have such authority.
Sec. 7. Enforcement Procedures.
(A) A Code Enforcement Officer who finds a violation of the
Code shall issue a Warning to the Violator stating that the
Violator has committed a violation of the Code and shall
specify a reasonable time period within which the Violator
must correct the violation. This determination shall be based
on consideration of fairness; practicality; ease of
correction, ability to correct; severity of violation; nature,
extent, and probability of danger or damage to the public; and
other relevant factors relating to the reasonableness of the
time period prescribed.
(B) If, upon personal investigation, a Code Enforcement
Officer finds that the Violator has not corrected the
violation within the time period specified in the Warning, the
Code Inspector shall issue a Notice to the Violator stating
that the Violator has committed a violation of the Code and
shall determine a reasonable time period within which the
Violator must correct this violation.
(C) If, upon personal investigation, a Code Enforcement
Officer finds that the Violator has not corrected the
violation within the time period specified in the Notice, the
Code Enforcement Officer shall notify the Village Manager in
writing and may request a hearing.
(D) If the Code Enforcement Officer has reason to believe a
violation presents a serious threat to the public health,
safety or welfare, or if the violation is an Uncorrectable
Violation, the Code Enforcement Officer need not give the
Violator a Warning and issue a Notice requiring immediate
correction of the violation. The Code Enforcement Officer
shall make a reasonable effort to notify the Violator and may
immediately notify the Village Manager and request a hearing.
(E) If a Code Enforcement Officer finds a Repeat Violation,
the Code Enforcement Officer shall issue a Notice to the
Violator but is not required to give a reasonable time to
correct the violation. The Code Enforcement Officer, upon
notifying the Violator of a Repeat Violation, shall notify the
Village Manager and request a hearing.
Sec. 8. Contents and Service of Warning.
(A) A Warning shall include the following:
(1) Date and time of issuance.
(2) Name of Code Enforcement Officer issuing the
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Warning.
(3)
Name and address of the Violator.
(4) The section of the Code that has been violated.
(5) Brief description of the nature of the violation,
including location, date and time of violation.
(6) Amount of the civil penalty for which the Violator
may be liable.
(7)
Time within which the violation must be corrected.
(8) Statement that the failure to correct the violation
by the time period indicated in the Warning will result
in the issuance of a Notice.
(B) Service of the Warning to the Violator shall be effected
by hand delivery to the Violator; by leaving the Warning at
the Violator's usual place of residence with any person
residing therein who is 15 years of age or older and informing
such person of the contents of the Warning; by certified mail,
return receipt requested to the Violator's usual place of
residence or by posting the Warning in a conspicuous place on
the premises or real property upon which the violation was
observed. The posting of the Warning shall be deemed proper
service, and the time for compliance, stated in the Warning
shall commence with the date of such posting.
Sec. 9. Contents and Service of the Notice.
(A) A Notice shall include:
(1) Date and time of issuance.
(2) Name of Code Enforcement Officer issuing the Notice.
(3) Name and address of the Violator.
(4) The section of the Code that has been violated.
(5) Brief description of the nature of the violation,
including location, date and time of violation.
(6) Amount of the civil penalty for which the Violator
may be liable.
(7) Instructions and date for paying the civil penalty
or for filing a request for an administrative hearing
before a Special Master to appeal the civil penalty.
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(8) Time within which the violation must be corrected.
(9) A statement that each day of continued violation
after the time period for correction has run shall be
deemed a Continuing Violation subject to an additional
penalty in the same amount without the need for
additional Notices.
(10) A statement that the filing of a request for an
administrative hearing will toll the accrual of
Continuing Violation penalties.
(11) A statement that failure to request an
administrative hearing within 20 days after service of
the Notice shall constitute a waiver of the Violator's
right to an administrative hearing before the Special
Master, and that such waiver shall constitute an
admission of the violation, and that in such case,
judgment may be entered against the Violator for the
amount of the civil penalty.
(12) A statement that the Violator may be liable for the
reasonable administrative hearing costs should they be
found guilty.
(B) Service of the Notice to the Violator shall be effected
by hand delivery to the Violator; by leaving the Notice at the
Violator's usual place of residence with any person residing
therein who is 15 years of age or older and informing such
person of the contents of the Notice; by certified mail,
return receipt requested to the Violator's usual place of
residence or by posting the Notice in a conspicuous place on
the premises or real property upon which the violation was
observed. The posting of the Notice shall be deemed proper
service, and the time for compliance stated in the Notice
shall commence with the date of such posting.
Sec. 10. Rights of Violators; Payment of Fine; Right to
appeal; Failure to Pay and Correct or to Appeal.
(A) A Violator who has been served with a Notice shall elect
either to:
(i) Pay the civil penalty in the manner and within the time
indicated on the Notice and correct the violation within the
time specified on the Notice; or
(ii) Request an administrative hearing before a Special
Master to appeal the decision of the Code Enforcement
Officer which resulted in the issuance of the Notice.
(B) An appeal of the Notice shall be accomplished by filing
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a request in writing to the address indicated on the Notice,
not later than 20 calendar days after the service of the
Notice.
(C) If the named Violator, after notice, fails to pay the
civil penalty and correct the violation within the time
specified, or to timely request an administrative hearing
before a Special Master, the Special Master shall be informed
of such failure by report from the Code Enforcement Officer.
Such report shall be by affidavit of the Code Enforcement
Officer. Failure of the named Violator to appeal the decision
of the Code Enforcement Officer within the prescribed time
period shall constitute a waiver of the Violator's right to
administrative hearing before the Special Master. A waiver of
the right to administrative hearing shall be treated as an
admission of the violation, and penalties may be assessed
accordingly.
Sec. 11. Scheduling and Conduct of Hearing.
(A) Upon receipt of a named Violator's timely request for an
administrative hearing or a written hearing request from the
Code Enforcement Officer as provided for in Section 7, the
Village Manager shall set the matter down for hearing on the
next regularly scheduled hearing date or as soon thereafter as
practicable.
(B) The Village Manager shall send a notice of hearing by
first class mail to the named Violator at his last known
address. The notice of hearing shall include but not be
limited to the following:
(1) Name of the Code Enforcement Officer who issued the
Notice.
Factual description of alleged violation.
Date of alleged violation.
Section of the Code allegedly violated.
Place, date and time of the hearing.
(6) Notice of right of Violator to be represented by an
attorney.
(7) Right of Violator to present evidence, witnesses and
cross-examine witnesses.
(8) Notice that failure of Violator to attend the
hearing may result in civil penalty and administrative
hearing costs being assessed.
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(9) Notice that requests for continuances will not be
considered if not received by the Special Master at least
ten calendar days prior to the date set for the hearing.
(C) The Village Manager shall call hearings on a monthly
basis or upon the request of the Code Enforcement Officer. No
hearing shall be set sooner than 20 calendar days from the
date of service of the Notice.
(D) A hearing date shall not be postponed or continued unless
a request for continuance, showing good cause for such
continuance, is received in writing by the Special Master at
least ten calendar days prior to the date set for the hearing.
(E) All hearings of the Special Master shall be open to the
public. All testimony shall be under oath. Assuming proper
notice, a hearing may proceed in the absence of the named
Violator.
(F) The proceedings at the hearing shall be recorded and may
be transcribed at the expense of the party requesting the
transcript.
(G) The Village Clerk shall provide clerical and
administrative personnel as may be reasonably required by each
Special Master for the proper performance of their duties.
(H) Each case before a Special Master shall be presented by
the Village Manager or his or her designee.
(I) The hearing need not be conducted in accordance with the
formal rules relating to evidence and witnesses, but
fundamental due process shall be observed and shall govern the
proceedings. Any relevant evidence shall be admitted if the
Special Master finds it competent and reliable, regardless of
the existence of any common law or statutory rule to the
contrary.
(J) Each party shall have the right to call and examine
witnesses; to introduce exhibits; to cross-examine opposing
witnesses on any matter relevant to the issues even though
that matter was not covered in the direct examination; to
impeach any witness regardless of which party first called
that witness to testify; and to offer rebuttal of the
evidence.
(K) The Special Master shall make findings of fact and
conclusions of law based on evidence of record. In order to
make a finding upholding the Code Enforcement Officer's
decision, the Special Master must find that a preponderance of
the evidence indicates that the named Violator was responsible
for the violation of the relevant section of the Code.
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(L) The time for correction given by the Code Enforcement
Officer to the named Violator and contained in the Notice is
rebuttably presumed to have been a reasonable time for
correction. Upon presentation of relevant evidence by the
named Violator that the time for correction was not
reasonable, however, the Special Master may make a
redetermination as to reasonableness of the time for
correction contained in the Notice. The Special Master may
not make a determination that the time given for correction in
the Notice was unreasonable unless the time given for
correction has not yet run at the time the Special Master
makes his decision. If the Special Master determines that the
time given for correction was insufficient, the penalty for a
Continuing Violation shall be calculated from the date
determined by the Special Master to be a reasonable date for
correction.
(M) If the named Violator is found guilty of the violation,
they may be held liable for the reasonable cost of the
administrative hearing, at the discretion of the Special
Master.
(N) The fact-finding determination of the Special Master
shall be limited to whether the violation alleged did occur,
and, if so, whether the person named in the Notice may be held
responsible for that violation. Based upon this fact-finding
determination, the Special Master shall either affirm or
reverse the decision of the Code Enforcement Officer. The
Special Master may also modify the decision of the Code
Enforcement Officer as to the time for correction contained in
the Notice, subject to the provisions of Section 11(L) of this
Ordinance. If the Special Master reverses the decision of the
Code Enforcement Officer and finds the named Violator not
responsible for the Code violation alleged in the Notice, the
named Violator shall not be liable for the payment of any
civil penalty, absent reversal of the Special Master's
findings pursuant to Section 14 of this Ordinance.
(0) The decision of the Special Master affirming the decision
of the Code Enforcement Officer, shall include the following
elements:
(1) Amount of civil penalty.
(2) Administrative costs of hearing.
(3) Date by which the violation must be corrected to
prevent resumption of Continuing Violation penalties, if
applicable.
(P) A Special Master shall postpone a hearing if the named
Violator, prior to the scheduled hearing date, files with the
9
duly authorized Village board of appropriate jurisdiction, if
any, an administrative appeal concerning the interpretation or
application of the Code provisions upon which the alleged
violation was based. However, once an issue has been
determined by a Special Master in a specific case, that issue
may not be further reviewed by a Village board in that
specific case.
(Q) Upon exhaustion of a timely filed administrative appeal
and finalization of the administrative order by such board,
the Special Master may exercise all powers given to him by
this Chapter. The Special Master shall not, however, exercise
any jurisdiction over such alleged Code violations until the
time allowed for court appeal of the ruling of such board has
lapsed or until such further appeal has been exhausted.
(R) The Special Master shall be bound by the interpretations
and decisions of duly authorized Village boards concerning the
provisions of the Code within their respective jurisdictions.
In the event such a board decides that an alleged violation of
the Code is not in accordance with such board's interpretation
of the Code provision on which the violation is based, the
Special Master shall not be empowered to proceed with the
enforcement of the violation.
Sec. 12. Civil Penalties and Related Terms Construed.
(A) Penalties for violations of the provisions to be enforced
through this Ordinance shall be in the amounts prescribed in
the schedule of civil penalties contained in Section 17 of
this Ordinance.
(B) For each day of a Continued Violation, an additional
penalty in the same amount as that prescribed for in the
original violation shall be added.
(C) For the first Repeat Violation, the amount of the civil
penalty shall be double the amount of penalty prescribed for
the original violation by Section 17 of this Ordinance. The
amount of civil penalty due for each subsequent Repeat
Violation shall be double the amount of penalty due for the
first day of the immediate preceding violation, provided that
the maximum penalty payable for the first day of any one
Repeat Violation shall be $500.00.
(D) A Repeat Violation which remains uncorrected beyond the
time prescribed for correction in the Notice shall be treated
as a Continuing Violation, and the additional penalty for each
day of continued violation shall be double the amount due for
the first day of the Repeat Violation.
(E) Continuing Violation penalties shall accrue from the date
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of correction given in the Notice until the correction is made
or until a request for administrative hearing is filed,
whichever comes first. If the named Violator requests an
administrative hearing and loses his appeal, the Special
Master shall determine a reasonable time period within which
correction of the violation must be made, based on the
considerations set forth in Section 7(A) of this Ordinance.
If correction is not made within the period set by the Special
Master, Continuing Violation penalties shall begin to accrue
again after the time for correction has run.
(F) Civil penalties assessed pursuant to this Chapter are due
and payable to the Village on the last day of the period
allowed for the filing of an appeal from the Special Master's
decision, or, if a proper appeal is made, when the appeal has
been finally decided adversely to the named Violator.
Sec. 13. Recovery of Unpaid Civil Penalties; Unpaid Penalty
to Constitute a Lien; Foreclosure.
(A) The Village may institute proceedings in a court of
competent jurisdiction to compel payment of civil penalties.
(B) A certified copy of an order imposing a civil penalty may
be recorded in the public records and thereafter shall
constitute a lien against the property on which the violation
exists and upon any other real or personal property owned by
the Violator; upon petition to the circuit court, such order
may be enforced in the same manner as a court judgment by the
sheriffs of this State, including levy against the personal
property, but such order shall not be deemed to be a court
judgment except for enforcement purposes. A civil penalty
imposed pursuant to this Ordinance shall continue to accrue
until the Violator complies or until judgment is rendered in
a suit to foreclose on a lien filed pursuant to this Chapter
whichever occurs first. After three months from the date of
filings of any such lien which remains unpaid, the Village may
foreclose or otherwise execute on the lien.
(C) No lien provided under this Ordinance shall continue for
a period longer than 20 years after the certified copy of an
order imposing a fine has been recorded, unless within that
time an action to foreclose on a lien is commenced in a court
of competent jurisdiction. In an action to foreclose on a
lien, the prevailing party may recover interest and all costs,
including a reasonable attorney's fee, incurred in the
foreclosure. 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.
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Sec. 14. Appeals of Order.
(A) An aggrieved party, including the Village, may appeal a
final order of a Special Master to the circuit court. Such an
appeal shall not be a hearing de novo but shall be limited to
appellate review of the record created before the Special
Master. An appeal shall be filed within 30 calendar days of
the issuance of the order sought to be overturned. Failure to
make such appeal within the prescribed 30 -day period shall
render the findings of the Special Master conclusive, binding
and final.
(B) Unless the findings of the Special Master are overturned
in a proceeding held pursuant to Section 14(A) of this
Ordinance, findings of the Special Master shall be admissible
in any proceeding to collect unpaid penalties.
(C) No aggrieved party other than the Village may apply to
the court for relief unless such party has first exhausted the
remedies provided for in this Ordinance and has taken all
available steps provided in this Ordinance. It is the
intention of the Village that all steps provided by this
Ordinance shall be taken before any application is made to the
court for relief; and no application shall be made by any
aggrieved party other than the Village to a court for relief
except from an order issued by a Special Master pursuant to
this Chapter. It is the intention of the Village that,
notwithstanding anything to this Ordinance to the contrary,
the Village shall retain all rights and remedies otherwise
available to it to secure compliance with or prevent
violations of the Code. For purposes of an appeal, the
Village Clerk shall make available, for public inspection and
copying, the record upon which each final order of a Special
Master is based. The Village Clerk shall make a reasonable
charge commensurate with the cost for the preparation of the
official record on appeal and transmittal thereof to the
circuit court and for making certified copies of any record or
portion thereof.
Sec. 15. Provisions Contained Herein are Supplemental.
Nothing contained in this Ordinance shall prohibit the Village
from enforcing its Code by any other means. The enforcement
procedures outlined herein are cumulative to all others and
shall not be deemed to be prerequisites to filing suit for the
enforcement of any section of this Code.
Sec. 16. Additional Enforcement Powers.
In addition to the powers and authority given to the Special
Masters for the Village pursuant to this Ordinance, the
Village may, in its discretion, exercise any powers given to
12
municipalities or their special masters by Florida Statute,
Chapter 162, as amended.
Sec. 17. Schedule of Civil Penalties.
(A) The following table outlines the sections of the Code, as
they may be amended from time to time, which may be enforced
pursuant to the provisions of this Ordinance, and, the dollar
amount of civil penalty for the violation of these sections as
they may be amended. Each "Description of Violations" below
is for informational purposes only and is not meant to limit
or define the nature of the violation or the subject matter of
the listed Code sections. To determine the exact nature of
the activity proscribed or required by the Code, the relevant
Code section must be examined.
(B) The following is the schedule of civil penalties.
Code
Section
Description
Of Violation
Civil
Penalty
(C) For violations of any section of this Code for which a
specific penalty is not prescribed in Section 17 a
penalty shall be imposed which shall not exceed $250 per
day for a first violation and shall not exceed $500 per
day for a repeat violation. For the purposes of
continuing violations, each day shall constitute a
separate violation.
Section 2. REPEAL OF CONFLICT PROVISIONS. Chapter 8CC of the
Dade County Code made applicable to the Village by Article VIII,
Sections 8.03 of the Village Charter is hereby repealed.
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, clauses, and 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
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P-44041-144.1
Board of Trustees, and it is hereby ordained that the provisions of
this Ordinance shall become and made a part of the Village of Key
Biscayne Code; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that
the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 5. EFFECTIVE DATE. This Ordinance shall be effective
upon adoption on second reading.
SSED AND ADOPTED on first
, 1992.
reading this
day of
9 40
SSED AND ADOPTED on second reading this Di , day of
, 1992.
ST:
Village Cle
A
RAFAEL
CONTE, MAYOR
PPROVED AS TO FORM AND LEGAL SUFFICIENCY:
A
Richard Jai' eiss, Village Attorney
14
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
in the matter of
VILLAGE OF KEY BISCAYNE
Meeting - June 23, 1992
RE: AN ORDINANCE OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA, ESTABLISHING
PURCHASING PROCEDURES, etc
xxx
in the
was published in said newspaper in the issues of
June 12, 1992
Court,
Affiant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami in said
Dade Co y, Florida, for a period of one year next preceding
the firs . u lication of the attached copy of advertisement; and
affiant rt er says that she has neither paid nor promised any
perso fi or corporation any discount, rebate, commission
or ref • for the pur• ose of securing this advertisement for
public : . n in the sal • newspaper.
(SEAL)
Sookie WI
Gt)
Sworn to and subscribed before me this
..OFS..... - - TAIZ�Yp SEAL
..G"ESE. • ., A.D.
R T ! F' tr ,>• .ORIDA
COMMISSION NO. .172103' "
MY COMMISSION . IAN. 6;1996
s personally known to me.
92
VILLAGE OF KEY BISCAYNE FLORIDA
PUBLIC NOTICE
Notice is hereby given that the following ordinances will be
considered on Second Reading by the Key Biscayne Board of
Trustees at a meeting to be held on Tuesday, June 23, 1992, com-
mencing at 7:00 p.m. at the Key Biscayne Elementary School, 150
West McIntyre Street, Key Biscayne, Florida.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; ESTABLISHING PURCHASING PROCEDURES;
DESIGNATING A PURCHASING AGENT; PROVIDING FOR
LIMITATIONS ON PURCHASES; PROVIDING FOR COMPET-
ITIVE BIDDING; ESTABLISHING COMPETITIVE 'ADDING
AND BID OPENING PROCEDURES; PROVIDING FOR
AWARDING OF BIDS; PROVIDING FOR WAIVER OF COM-
PETITIVE BIDDING; PROVIDING FOR EXEMPTIONS FROM
COMPETITIVE BIDDING; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABIL-
ITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,-
FLORIDA; ESTABLISHING A CODE. ENFORCEMENT
PROCEDURE; PROVIDING DEFINITIONS; PROVIDING FOR
CIVIL OFFENSES ANb PENALTIES; PROVIDING FOR
QUALIFICATIONS, APPOINTMENT, REMOVAL ND COM-
PENSATION OF SPECIAL MASTERS; SETTING FORTH
THE POWERS OF SPECIAL MASTERS; PROVIDING FOR
AUTHORITY TO INITIATE ENFORCEMENT 'PROCEEDINGS;
PROVIDING ENFORCEMENT PROCEDURES; DESCRIBING
THE CONTENTS AND METHOD OF SERVICE OF
WARNINGS AND CIVIL VIOLATION NOTICES; SETTING
FORTH THE RIGHTS OF VIOLATORS; PROVIDING FOR
PAYMENT OF FINES; PROVIDING FOR THE SCHEDULING
AND CONDUCT OF HEARINGS BEFORE SPECIAL
MASTERS; PROVIDING REMEDIES TO RECOVER UNPAID
CIVIL PENALTIES; PROVIDING FOR APPEALS OF ORDERS
OF ,SPECIAL MASTERS; PROVIDING FOR ADDITIONAL
ENFORCEMENT POWERS; ESTABLISHING A SCHEDULE
OF CIVIL PENALTIES; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIQNS; PROVIDING FOR SEVERABIL-
ITY, INCLUSION IN THE CODE AND AN EFFECTIVEDATE.
Interested parties are invited to appear and be heard. Copies of
the ordinances may be seen at the Key Biscayne Village Clerk's
Office at 85 W. McIntyre St., Key Biscayne.
Any person wishing to appeal any decision made by this Board
with respect to any matter considered at this meeting will need a
record of the proceeding, and for such purposes; may need to
ensure that a verbatim record -of the proceedings is made, which
record includes the testimony and evidence upon which the appeal
is made.
6/12 92-4-061246M