HomeMy Public PortalAbout2007-05 Special MagistratesORDINANCE NO. 2007-5
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER 2 OF THE VILLAGE
CODE, "ADMINISTRATION," ARTICLE III, "CODE
ENFORCEMENT," TO PROVIDE FOR A BOARD OF
SPECIAL MAGISTRATES IN LIEU OF INDIVIDUAL
SPECIAL MAGISTRATES, TO DELETE THE
REQUIREMENT THAT THE CODE ENFORCEMENT
OFFICER SUBMIT A WRITTEN REQUEST FOR A
HEARING, AND TO PROVIDE THAT THE BUILDING,
ZONING, AND PLANNING DEPARTMENT SHALL
PROVIDE CLERICAL AND ADMINISTRATIVE
PERSONNEL TO THE BOARD; REVISING THE VILLAGE'S
ALTERNATE CODE ENFORCEMENT SYSTEM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE VILLAGE CODE; PROVIDING FOR
EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2, "Administration," Article III, "Code Enforcement," of the
Code of the Village of Key Biscayne, Florida, is hereby amended to read as follows:
Sec. 2-31. Defmitions.
The following words, terms, and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning:
Board means a board of Special Magistrates.
* * *
Sec. 2-33. Composition of the Board, qualifications of
Special Magistrates; appointment and removal; compensation.
(a) The Board shall consist of five Special Magistrates and the
Village may appoint two alternative Special Magistrates. The Special
Magistrates shall elect a Chair, who shall be a voting member, from
the members of the Board. The presence of three or more members
of the Board shall constitute a quorum.
(-00,1 Appointments of Special Magistrates 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 Council
for ratification.
(b3( Special Magistrates shall be residents of the Village and shall
possess outstanding reputations for civic pride, interest, integrity,
responsibility and business or professional ability.
(e)f d� Appointments shall be made for a term of one year. Special
Magistrates may be reappointed at the discretion of the Mayor,
subject to ratification by the Council. Special Magistrates may be
suspended and removed for cause.
(cite,) Special Magistrates shall not be Village employees and shall
serve without compensation.
Sec. 2-34. Powers of SpeciaFiNtagistratesthe Board.
SpeciaHvtagistratesThe Board shall have the power to:
(1) Adopt rules for the conduct of hearings.
(2) Subpoena Violators and witnesses for hearings; subpoenas shall
be served by the Village Police Department or by the Village staff.
(3) Subpoena evidence to hearings.
(4) Take testimony under Oath.
(5) Assess and order the payment of civil penalties as provided in
this article.
(6) Issue orders having the force of law to command whatever steps
are necessary to bring a violation into compliance.
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Sec. 2-35. Village Attorney to serve as counsel.
The Village Attorney shall provide legal advice to the Species
MagistratesBoard. If an appeal is taken pursuant to section 2-44, the
Village Attorney shall represent the Village at such proceedings.
Sec. 2-36. Authority to initiate enforcement proceedings.
Code Enforcement Officers shall have the authority to initiate code
enforcement proceedings as provided in section 2-37. Special
Magis ,,The Board and its members shall not have such authority.
Sec. 2-37. Enforcement Procedures.
(a) A Code Enforcement Officer who finds a violation of the Code
shall issue a Notice 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 Notice, the Code Enforcement Officer shall
notify the Village Manager or designee in writing and may request a
hearing.
(c) 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 shall 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 or designee and request a hearing.
(d) If a Code Enforcement Officer finds a Repeat Violation, the
Code Enforcement Officer shall issue a Notice to the Violator but is
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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 or designee and request
a hearing.
(e) The current owner of the property is responsible for the
violation in addition to any other party who has possession of the
property or who may have actually caused the violation, even if the
violation was caused by a prior owner or an unknown third party.
The Spccial Magisliat‘Board may find the landlord as well as the
tenant responsible for a violation. A condominium association shall
be responsible for any violation affecting the common elements of the
condominium in addition to any other party who may have actually
caused the violation. If the SpethaHcfragistrateBoard enters an order
against a condominium association, there shall be no lien against the
common elements and there shall be no lien against a unit of the
condominium unless the unit owner is also a respondent in the code
enforcement proceeding.
Sec. 2-39. Contents and service of 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 Spccial
Magistratethe Board 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 Notice.
(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
Spccial MagistratcBoard, 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 he, she, or it be found
guilty.
(b)
by:
Service of the Notice to the Violator shall be effected either
(1) hand delivery to the violator; or
(2) 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; or
(3) certified mail, return receipt requested, to the violator's
usual place of residence; or
(4) by posting the notice in a conspicuous place on the
premises or real property upon which the violation was observed or
on the personal property which is the subject of the violation. 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.
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(c) In the case of commercial premises, notice may be served by
leaving the notice with the manager or other person in charge. A
corporation may also be served at the address of the registered agent
in addition to the address listed in the tax collector's office for tax
notices or the property appraiser's office.
(d) If the owner of property which is subject to an enforcement
proceeding before the Special MagiJLakBoard or court transfers
ownership of such property between the time the initial pleading was
served and the time of the hearing, such owner shall:
(1) Disclose, in writing, the existence and the nature of the
proceeding to the prospective transferee.
(2) Deliver to the prospective transferee a copy of the
pleadings, notices, and other materials relating to the code
enforcement proceeding received by the transferor.
(3) Disclose, in writing, to the prospective transferee that
the new owner will be responsible for compliance with the applicable
code and with orders issued in the code enforcement proceeding.
(4) File a notice with the code enforcement official of the
transfer of the property, with the identity and address of the new
owner and copies of the disclosures made to the new owner, within
5 days after the date of the transfer.
A failure to make the disclosures described in paragraphs (1), (2), and
(3) before the transfer creates a rebuttable presumption of fraud. If
the property is transferred before the hearing, the proceeding shall not
be dismissed, but the new owner shall be provided a reasonable
period of time to correct the violation before the hearing is held.
Sec. 2-40. 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:
(1) Pay the civil penalty in the manner and within the time
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indicated on the Notice and correct the violation within the time
specified on the Notice; or
(2) Request an administrative hearing before a Sp IA
Magistratethe Board 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 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
Magistratethe Board, the SpeciaffvtagistrateBoard 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
Magistral�Board. A waiver of the right to administrative hearing
shall be treated as an admission of the violation, and penalties may be
assessed accordingly.
Sec. 2-41. Scheduling and conduct of hearing.
(a) Upon receipt of a named Violator's timely request for an
administrative hearing or a vv tte1r hearing request from the Code
Enforcement Officer as provided for in section 2-37, the Village
Manager or designee shall set the matter down for hearing on the next
regularly scheduled hearing date or as soon thereafter as practicable.
(b) The Village Manager or designee shall send a notice of hearing
by first class mail, or any other method reasonably calculated to effect
delivery, 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.
(2) Factual description of the alleged violation.
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(3)
(4)
(5)
Date of the alleged violation.
Section of the Code allegedly violated.
Place, date and time of the hearing.
(6) Notice of the right of the Violator to be represented
by an attorney.
(7) Right of the Violator to present evidence and wit es
and to cross examine witnesses.
(8) Notice that failure of the Violator to attend the hearing
may result in civil penalty and administrative hearing costs being
assessed.
(9) Notice that requests for continuances will not be
considered if not received in writing by the Board
at least ten calendar days prior to the date set for the hearing.
(c) The Village Manager or designee shall call hearings on a
monthly basis or upon the request of the Code Enforcement Officer.
(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 MagistiaLBoard at least ten
calendar days prior to the date set for the hearing.
(e) All hearings of the ' trateBoard 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-C—ferleBuilding, Zoning, and Planning Department
shall provide clerical and administrative personnel as may be
reasonably required by L,ach Spccial Magistratcthe Board for the
proper performance of his-orher its duties.
(h) Each case before a Spccial Magistratcthe Board shall be
presented by the Village Manager or designee.
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(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 Board
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 Speeial-Magistrate nd 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
Speeial—MagistrateBoard 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.
(1) 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
MagisliaLBoard may make a redetermination as to reasonableness of
the time for correction contained in the Notice. The Special
MagistratcBoard 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 S ieeral-otagistrateBoard
makes his or herits decision. If the Special MagistratcBoard
determines that the time given for correction was insufficient, the
penalty for a Continuing Violation shall be calculated from the date
determined by the Board to be a reasonable date for
correction.
(m) If the named Violator is found guilty of the violation, he or she
may be held liable for the reasonable cost of the administrative
hearing, at the discretion of the Special MagistratcBoard.
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(n) The fact-finding determination of the SpeetaHvtagistrateBoard
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
MagistrateBoard shall either affirm or reverse the decision of the
Code Enforcement Officer. Spcci&1--MvfagistrateBoard 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
subsection (1) of this section. If the SpeciaHviagistrateBoard 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 Board's findings
pursuant to section 2-44.
(o) A decision of the Board 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 presumption of Continuing Violation penalties, if
applicable.
(p) A Spccial MagisliaLThe Board shall postpone a hearing if the
named Violator, prior to the scheduled hearing date, files with the
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
Magistratethe Board in a specific case, that issue may not be further
reviewed by another Village board in that specific case.
(q) Upon exhaustion of a timely filed administrative appeal and
finalization of the administrative order by the duly authorized Village
board of appropriate jurisdiction, the Board may
exercise all powers given to him or her by this article. The Special
MagistiaL,Board shall not, however, exercise any jurisdiction over
such alleged Code violations until the time allowed for court appeal
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of the ruling of such board has lapsed or until such further appeal has
been exhausted.
(r) The Board shall be bound by the
interpretations and decisions of duly authorized Village boards
concerning the provisions of the Code within their respective
jurisdictions. If 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
Magi,t1atcBoard shall not be empowered to proceed with the
enforcement of the violation.
Sec. 2-42. Civil penalties and related terms construed.
(a) Unless otherwise provided in this Code, penalties for
violations of the provisions to be enforced through this article shall
be $250.00 per day for a first violation. The penalty for a violation
relating to the failure to obtain any required development approvals,
including building permits, shall be $500 per day. The penalty for an
Uncorrectable Violation shall not exceed $5000 per violation.
(b) For each day of a Continuing Violation, an additional penalty
in the same amount as that prescribed for in the original violation
shall be added.
(c) For a Repeat Violation, the amount of the civil penalty shall
be $500 per day.
(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 $500.00.
(e) Continuing Violation penalties shall accrue from the date 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 MagistratcBoard shall determine a reasonable
time period within which correction of the violation must be made,
based on the considerations set forth in section 2-37(a). If correction
is not made within the period set by the Board,
Continuing Violation penalties shall begin to accrue again after the
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time for correction has run and the Code Enforcement Officer has
filed an Affidavit of Continuing Violation. The Code Enforcement
Officer shall serve on the violator a copy of the Affidavit of Non -
Compliance and a Notice of Continuing Violation which shall include
the following:
(1) Date of issuance.
(2) A reference to the order of the Spccial
MagistiaLBoard that continues to be violated.
(3) Notice of the right to request an administrative hearing
before the SpeciltHbfagistrateBoard and instructions on how to file the
request.
(4) Notice that failure to request an administrative hearing
within 20 days after the date of the Notice of Continuing Violation
shall constitute a waiver of the right to a hearing.
(5) Notice that the hearing is strictly limited to whether
and when the Violator complied with the order of the Spccial
MagistrateBoard.
(6) Notice that the Violator shall be liable for the
reasonable costs of the administrative hearing if the Violator is
unsuccessful at the hearing.
At reasonable intervals, a Violator may request an inspection to
determine compliance with an order of the Special Magistial,Board.
After his inspection, the Code Enforcement Officer shall issue an
Affidavit of Non -Compliance and Notice of Continuing Violation or
an Affidavit of Compliance, in recordable form, as appropriate.
(f) If, pursuant to a finding by the Speeial-I'sfetgistrateBoard, the
violation is a violation described in Section 2-37(c), the Village may,
at its discretion, make all reasonable repairs that are required to bring
the property into compliance and charge against the Violator the cost
of the repairs along with the fine imposed pursuant to this Section.
The Village shall have a lien upon the property in such amount until
paid, which lien shall be prior to all other liens on such property,
except taxes. Such lien, when delinquent for more than three months,
may be foreclosed in the manner provided for the foreclosure of
mortgages on real property. Making such repairs does not create a
continuing obligation on the part of the local governing body to make
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further repairs or to maintain the property and does not create any
liability against the Village for any damages to the property if such
repairs were completed in good faith.
(g) Civil penalties assessed pursuant to this article are due and
payable to the Village on the last day of the period allowed for the
filing of an appeal from the Board's decision, or,
if a proper appeal is made, when the appeal has been finally decided
adversely to the named Violator.
Sec. 2-43. Recovery of unpaid civil penalties; unpaid penalty
to constitute a lien; foreclosure; lien reduction.
(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 shall 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 article 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 article, whichever occurs first. After three
months from the date of filing of any such lien which remains unpaid,
the Village may foreclose or otherwise execute on the lien.
Alternatively, the Village may sue to recover a money judgment for
the amount of the lien plus accrued interest. Upon payment of the
civil penalty or notice of assessment by the Violator or the
successor(s), assign(s) or heir(s) of the Violator, the Village Clerk is
authorized to execute and record in the Public Records of Miami -
Dade County the appropriate Release of Lien document.
(c) No lien provided under this article 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
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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.
(d) The Violator, or the Violator's successors or assigns, (the
"Applicant") who has an ownership interest in the property
encumbered by a lien for civil penalties, may file a request for a
reduction of the civil penalty before the SpeeiaHafagistrateBoard only
after a compliance inspection is completed during which a Code
Enforcement Officer finds that all violations were corrected. Upon
receipt of a written request for reduction of civil penalty, and the
filing of an affidavit of partial compliance by the Code Enforcement
Officer which sets forth that all outstanding violations of the Spccial
MagistialcBoard's order have been corrected, except for payment of
any outstanding civil penalties, the Village Manager, or designee,
shall set the matter for penalty reduction hearing by the Spccial
MagistrateBoard. However, if the Village Attorney has commenced
action to obtain compliance with the order of the Spccial
MagistrateBoard, including but not limited to an action for injunctive
relief, foreclosure, or money judgment, no hearing shall be held for
a reduction of civil penalty.
(e) At the hearing, the fact-finding determination of the Species
MagistrateBoard shall be limited to evidence establishing:
1) good cause for a reduction of the civil penalty,
2) the amount of the reduction, and
3) any equitable considerations raised by the Applicant or the
Village relating to good cause or the amount of the reduction.
Said hearing shall not be an opportunity to appeal any finding of fact
or conclusions of law set forth in any prior order of the Special
Magisttat1/4Board or any administrative determination of the Village.
(f) The Sp Board may reduce a civil penalty once
the Applicant has otherwise complied with an order of the Special
Magistiat.,Board based on a showing of good cause, but in no event
shall the civil penalty be reduced below the costs incurred by the
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Village in its prosecution of violations, including but not limited to,
any attorney's fees and staff time. In no event, however, shall any
administrative fees previously ordered by the Spccial
MagistrateBoard be waived or reduced.
(g) In determining good cause, and the amount of the reduction,
if any, the SpeciaHviagistrateBoard shall consider:
(1) The gravity of the violation.
(2) Any actions taken by the Violator or Applicant to
correct the violation.
(3) Any previous, or other outstanding violations whether
committed by the Violator, or pertaining to the property to which the
lien attaches, unless an order finding a violation is under appeal at the
time of the determination.
(4) Whether the violation is irreparable or irreversible in
nature.
(5) Whether the Violator's failure to timely comply with
an order of the Code Enforcement Officer or the Speer
MagistrateBoard is due to an inability to comply based on factors
beyond the control of the Violator.
(h) Upon a finding of good cause, the Board
has the sole discretion to grant or deny the request for a reduction of
civil penalty according to the following guidelines, provided the
reduction to an amount that is not less than the costs incurred by the
Village:
(1) If compliance occurs within three months of the date
for compliance set forth in the order of the Special MagistratcBoard;
a maximum reduction of 95 percent of the total civil penalty (the
original civil penalty plus the continuing civil penalty amounts);
(2) If compliance occurs more than three months but less
than 12 months from the compliance date, a maximum reduction of
75 percent of the total civil penalty amount;
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(3) If compliance occurs from 12 months to 18 months of
the compliance date; a maximum of 50 percent of the total civil
penalty amount; and
(4) If compliance occurs more than 18 months after the
compliance date, a maximum of 25 percent of the total civil penalty
amount.
(i) The Board has the authority where there is
a demonstrated showing of financial hardship or other good cause to
reduce the civil penalty below the civil penalty reduction guidelines.
The Board shall exercise this authority with great
caution and only in documented and exceptional circumstances. A
Violator alleging financial hardship has the burden of presenting
evidence of inability to pay the civil penalty.
(j) If a civil penalty is reduced, the order of the Sp al
Magist1at.,Board shall provide that, if the Violator fails to pay the
reduced civil penalty by the date ordered by the Special
MagistrateBoard, then the original amount of the civil penalty shall
be automatically reinstated. The Spccial MagistratcBoard may
impose conditions on the granting of a request for reduction of the
civil penalty and may allow additional hearings upon request if
necessary to establish compliance with said conditions before an
order reducing the civil penalty is entered.
(k) A certified copy of the order reducing the civil penalty shall
not be recorded in the public records unless the terms of the order
reducing the civil penalty are fully complied with and the order shall
so provide.
(1) Upon receipt of timely payment in full of the amount of the
reduced civil penalty, and the recording costs, the Village Manager,
or designee, shall record a copy of the order reducing the civil penalty
and a satisfaction of lien.
(m) A reduction of civil penalty may only be granted once as to
any violation of an order of the Speeial-MagistrateBoard.
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Sec. 2-44. Appeals of Board's order.
(a) An aggrieved party, including the Village, may appeal a final
order imposing fines or assessing continuing fines of Special
fvfagistratethe Board 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 fpc.ial Magi3tiakBoard. 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 Magist1aLBoard
conclusive, binding and final.
(b) Unless the findings of the Board are
overturned in a proceeding held pursuant to subsection (a) of this
section, findings of the Board 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 article and has taken all available steps provided
in this article. It is the intention of the Village that all steps provided
by this article 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
imposing fines or assessing continuing fines issued by a Spccial
*fagistratethe Board pursuant to this article. It is the intention of the
Village that, notwithstanding anything in this article 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 Sp Board 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.
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Sec. 2-46. Additional Enforcement Powers.
In addition to the powers and authority given to the Spet.ial
folagistrategBoard for the Village pursuant to this article, the Village
may, in its discretion, exercise any powers given to municipalities or
their SpeeiaHatagistratesBoards by F.S. ch. 162, as amended.
Section 2. Alternate Code Enforcement System. Pursuant to Section 162.03(2),
Florida Statutes and the Village's home rule powers, the Village hereby revises Chapter 2
"Administration," Article III "Code Enforcement," as its alternate code enforcement system.
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 Village Council, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of the
Village of Key Biscayne; 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.
PASSED AND ADOPTED on first reading this 22nd day of May , 2007.
18
PASSED AND ADOPTED on second reading this 5th day of June , 2007.
MAYOR ROBERT L. VERNON
ATTEST:
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIEN
•
VILLAGE ATTORNEY
19
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
ORDINANCE AMENDING CHAPTER 2, ETC. - JUNE 5, 2007
in the XXXX Court,
was published in said newspaper in the issues of
05/24/2007
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -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 Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing tlys advertise t for publication in the said
newspape
Sworn to and subscribed before me this
24 day of MAY
(SEAL)
, A.D. 2007
O V. FERBEYRE personally known to me
4poNI.Cheryl H harmer
• My Commission DD338559
%cond' Expires July 18 2008
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is hereby given that the following ordinar ce will be Considered on
Second Readkrg by the Village Council of the Village of Key B ecayne 1 a
meeting to be held on Teddy, Jtme 5, 2067 at 7:00 p.m., in the Council
Chamber, loc atedat 580 CrandbnBoulevard, Key Biscayne, Florida:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING CHAPTER 2 OF THE VILLAGE CODE,
"ADMIMSTRKflON," ARTICLE IN, "CODE ENFORCEMENT," TO
PROVDEROR ABOARD OF SPECIAL MAGISTRATES IN LIEU OF
INDIVIDUAL SPECIAL —MAGISTRATES, TO DELETE THE
REQUIREMENT THAT THE CODE ENFORCEMENT 'OFFICER
SUBMIT A WR1TF N REQUEST FORA HEARING, AND TO PROVIDE
THAT THE BUILD, `ZONING; AND PLANNING DEPARTMENT
SHALL PROVIDE CLERICAL'AN D ADMINISTRATIVE PERSONNEL
TO THE BOAR 11IIEV1SIif)I 'NTIE VILLAGE'S ALTERNATE CODE
ENFORCEMENT SYSTEM; ``'PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE VILLAGE CODE; PROVIDING
FOR EFFECTIVE DATE.
The proposed Ordinance may be inspected by the public at the Office of
the Village Clerk. Interested parties may appear at the Public Hearing and
be heard with respect to the proposed Ordinance. Any person wishing to
address the Village Council on any item at this Public Hearing is asked to
register with the Village Clerk prior to that item being heard.
In accordance with the Americans With Disabilities Act of 1990, all
persons who ate disabled and who need special accommodations to
participate in this proceeding because of that disability should contact the
Office of the Village Cleric, 88 West McIntyre Street, Suite 220, Key
Biscayne, Florida 33149, telephone number (305) 365-5506, not later
than two business days prior to such proceeding.
Should any person desire to appeal any decision of the Village Council
with respect to any matter to be considered at this meeting, that person
shall insure that a verbatim record of the proceedings is made including all
testimony and evidence upon which any appeal may be based (F.S.
286.0105). -
Comments of any interested party relative to this matter may be submitted
in writing and or presented in person at the public hearing.
Conchita H. Alvarez, CMC
Village Clerk
5/24 07-4-121/837623M