10-29-1998 Workshop Meeting
City of Aventura
City Commission
Workshop Meeting
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October 29,1998
9:00 A. M.
Executive Conference Room
1.
2.
3.
4.
Agenda
Code Enforcement Process
Point East Shopping Center
Long Range Planning Commitee (Mayor Snyder)
Other Business
~Jext Workshop - November 1998
In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to
participate in this meeting because of that disability should contact the Office of the City Clerk, 466-8901, not later than two days prior
to such proceeding.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
TO:
DATE:
October 28, 1998
,
evelopment Direct~
,v
SUBJECT: Code Compliance
The City Commission has requested that information be provided as to Code
Compliance procedures. This report will outline Code Compliance due process,
explain the procedures involved in enforcement, describe some problems encountered
in procedures and provide some suggestions as how to provide better service.
ENFORCEMENT IN GENERAL
Article V. of the City Code, pursuant to Chapter 162 of the Florida State Statutes,
establishes the code enforcement process utilized by the City (see attached). A
violator is allowed due process, except in those situations that the violation may pose a
threat to public health, safety or welfare. The due process procedure is as follows:
1. Courtesy Notice (Warning) - A violator is notified of the violation and given a
specific timeframe by which to correct such violation. While the County code allows
a 30 day timeframe for compliance, our Code Compliance officers generally require
compliance within 10-15 days;
2. If the violation is corrected within the timeframe allowed, the violation is "complied";
3. If the violation is not corrected within the timeframe allowed, a Notice of Violation
(NOV) is issued to the property owner, and in some cases, the tenant of the
property. The NOV also specifies a civil penalty, or fine, (up to a maximum of $250)
and again specifies a timeframe by which to correct the violation;
4. If the violation is corrected, and the penalty is paid, the violation is "complied". Any
repeat violations after being complied will receive penalties at twice the amount (up
to a maximum of $500).
5. If the violation is not corrected, the item is requested by the Code Compliance
officer to be scheduled for Special Master hearing.
A Special Master is a resident of the City, appointed by the City Manager to hear:
1. Cases not complied as requested to be heard by a Code Compliance Officer; or
2. Cases appealed by the violator.
The Special Master may order the following:
1. The matter be continued until another time, generally date certain, at which time
more information regarding the case may be provided.
2. Affirm the Code Compliance officer's determination. This decision may include one
or all of the following: a) civil penalties, compounded over the timeframe the matter
came to Special Master; b) administration costs associated with the processing of
the violation; and c) an order to remove the violation.
3. Rule with the violator.
STATISTICS
As of this date, Code Compliance has issued a total of 502 citations, with an
approximate average of 98% voluntary compliance; processed 46 Special Master
hearings; and collected approximately $10,000 in fines and administrative costs
associated with the Special Master hearings.
VACANT LOTS (OVERGROW7H)
Section 19-3 (L) of the Miami-Dade County Code states:
(L) Violative conditions. The term shall mean one of the following situations exist:
(1) The growth or accumulation of any grass, weeds, undergrowth or other dead
plant life on an improved lot which exceeds the height of eighteen (18)
inches from the ground for more than fifty (50) percent of the area to be
maintained.
(2) The growth or accumulation of any grass, weeds, undergrowth or other dead
plant life on an unimproved lot which exceeds the height of thirty-six (36)
inches from the ground for more than fifty (5) percent of the area to be
maintained...
2
Because the Miami-Dade County Code allows weeds on vacant lots not to exceed 3' in
height on only 50% of the lot, some residents only maintain the front half of the lot.
Recommendation: The City is in the process or preparing an Ordinance thereby
allowing Code Compliance officers to issue citations on overgrown lots which plant
material exceeds 12" in height anywhere on the lot. If such violations aren't corrected
within a certain timeframe, the City may maintain the lot and lien the property.
RECENT ACCOMPLISHMENTS
Code Compliance has made some great improvements over the last 6 months. Some
of those accomplishments include the following. Also, please find attached some
photographs of various other accomplishments throughout the City, mainly in signage:
. Zones have been assigned to the Code Compliance officers, thereby making the
officers accountable for areas of the City and allowing the officers to develop better
professional relationships with residents/businesses in their zones.
. The City Attorney has provided instruction/training to the officers to insure that
violations are written correctly and are enforceable at the Special Master hearings.
Also, the City Attorney continues to be easily accessible to discuss enforcement
issues.
. A program has been developed whereby occupational license renewals are tracked
to insure timely compliance with due dates.
. Code Compliance officers affix yellow "violation in progress" stickers to signs or
other items as citations are issued.
. Code Compliance officers patrol residential areas in the morning and evening hours
to enforce the "Pooper Scooper" Ordinance. Their high visibility during these hours
reminds residents to clean up after their pets.
. We are in the process of fine-tuning daily activity reports whereby officers will be
accountable for hours in the field, office and availability to telephone calls. Such
activity reports also include the weekend enforcement.
. Mowing of the medians of Biscayne Boulevard and FOOT owned lots, north of Ives
Dairy Road;
. Mowing of numerous vacant lots throughout the hospital district and other areas of
the City;
. Removal of numerous pole signs and real estate signs in the City;
3
. Continual removal of banners, temporary political signs, snipe signs and portable
(A-frame) signs in the City;
. Agreement by Best Buy to lower their wall sign.
This department will continue to improve the Code Compliance activities through
training of our officers, follow-up procedures on violations and processing of non-
compliance through the Special Master process. The Code Compliance officers will
continue to develop beneficial relationships with those people whom they come in
contact with throughout the City.
Please feel free to contact me with any questions you may have.
lmemo/soroka 101396 code
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~ 2-301 AVENTURA CODE
e. Design and construction 0: new drainage facilities required by the construction of
improvements and additions to police facilities.
f. Landscaping and site preparation, including demucking, filling to flood criteria
and compaction.
g. Construction management and inspection.
h. Surveying, soils and materials testing and removal of hazardous and solid waste
materiak
i. Acquisition of capital equipment for police services.
j. Repayment of any monies transferred or borrowed from any budgetary fund of
the City subsequent to the effective date of the ordinance from which this section
is derived, which were used to fund any ofthe growth-necessitated improvements
as provided in this sub3ection. Any funds that are borrowed shall be spent only to
mitigate the impact of new development.
k. Purchase of land for additional police stations and support facilities needed to
accommodate new growth.
l. Design and construction of additional police stations and other facilities or design
and improvement of existing police stations and other facilities needed to
accommodate new growth.
m. Purchase of other capital equipment for stations affected by new growth.
(2) The five percent general administrative cost portion of the impact fee shall be
deposited into the general fund and shall be used to offset the costs of administering
the impact fee.
(g) Impact fee fund. Impact fees collected pursuant to this section shall be accounted for in
a capital outlay impact fee fund to be established by the City.
(Ord. No. 96-30, ~~ 2-8, 11-19-96)
Sees. 2-302-2-330. Reserved.
ARTICLE V. CODE ENFORCEMENT"
Sec. 2-331. Purpose of article; establishment of administrative procedures.
This article shall establish the code enforcement process to be utilized by the City. The City
Manager or his designee shall establish administrative procedures to implement the require-
ments of this article.
(Ord. No. 96-14, ~ 1, 9-4-96)
"State law reference-Municipal code enforcement, F.8. ch. 162.
"
CD2:26
ADMINISTRATION
* 2-334
Sec. 2-332. Definitions.
The folluwing words, terms and phrases, when used in this article. shall have the meanings
ascribed to them in this section. except where the context clearly indicate3 a different meaning:
Code means collectively the City Code of Ordinances and applicable sections of the County
Code as made applicable to the City pursuant to section 8.03 of the Charter.
Code Enforcement or Compliance Officer means any authorized agent or employee of the
City whose duty it is to ensure compliance with the Code.
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.
Manager means the City Manager.
Notice means a civil vIOlation notice issued to a violator in accordance with the provisions of
this article.
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.
Special Master mean::; a person appointed pursuant to section 2-334.
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.
Violator means that person responsible for a violation of the Code.
Warning means a written warning issued to a violator in accordance with the provisions of
this article.
(Ord. No. 96-14. ~ 2. 9-4-96)
Cross reference-Definitions generally, ~ 1-2.
Sec. 2-333. Violations of Code constitute civil offense.
A violation of the Code, as enforced pursuant to this article, shall constitute a civil otTens"
punishable by civil penalty in the amount prescribed in section 2-348, as may be modified in
accordance with section 2-343.
(Ord. No. 96-14, ~ 3. 9-4-96)
Sec. 2-334. Appointment and qualifications of Special Masters; term of office; com-
pensation.
(a) Appointment. Appointments of Special Masters shall be made by the City Manager as
needed on the basis of experience or interest in code enforcement. Such appointments shall be
submitted to the Commission for ratitication.
Supp. No.2
CD2:27
.
* 2-334
AVENTURA CODE
(b) Qualifications. Special Masters shall be residents of the City for at least six months
prior to appointment and during service for the City, and shall possess outstandmg reputations
fOT civic pride, interest, integrity, responsibility and business or professional ability.
(c) Term of office. Appointments shall be made for a term of one year. Special Masters may
be reappointed at the discretion of the City Manager, subject to ratification by the Commission.
(d) Compensation. Special Masters shull not be City employees, but may be compensated at
a rate to be determined by administrative order of the City Manager.
(Ord. No. 96-14, * 4, 9-4-96)
Sec. 2-335. Powers of Special Masters.
Special Masters 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 City
Police Department or by the City 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 aflaw to command whatever steps are necessary to bring
a violation into compliance.
lOrd. No. 96-14, * 5, 9-4-96)
Sec. 2.336. Duties of City Attorney.
The City Attorney shall provide legal advice to the Special Masters. If an appeal is taken
pursuant to section 2-345, the City Attorney shall represent the City at slIch procel'dings
lOrd. No. 96-14, * 6,9-4-961
Sec. 2.337. Authority to initiate enforcement proceedings.
Code Enforcement Officers shall have the authority to initiate code enforcement proceedings
as provided in section 2-338. Special Masters shall not have such authority.
(Ord. No. 96-14, * 7, 9-4-961
Sec. 2.338. Enforcement procedures.
(a) Issuance of warning. A Code Enforcement Officer who finds a violation of the Code shall
issue a warning to the violator stating that the viG:ator has committed a violation of the Code
and shall specify a reasonable time period within which the violator must correct the violation.
This detcII"!lination shall be based on consideration of fairness; practicality; ease of correction;
ability to correct; severity of the violation; nature, extent and probability of danger or damage
Supp No.2
r:D2:28
.
ADMINISTRATION
~ 2-339
to the public and promotion, protection and improvement of the health, safety and welfare of
the citizens; and other relevant factors relating to the reasonableness of the time period
prescribed.
(b) Noti<;e of violation. 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) Notification of City Manager. 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 City Manager or his designee in
writing and may request a hearing.
(d) Serious or uncorrectable violations. 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 may 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 City Manager or his designee and request a hearing.
(e) Repeat violations. 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 notif'y the City Manager or his designee and request a hearing.
(Ord. No. 96-14, ~ 8, 9-4-96)
Sec. 2-339. Contents and service of warning.
(a) A warning shall include the following:
(1) The date and time of issuance.
(2) The name of the Code Enforcement Officer issuing the warning.
(3) The name and address of the violator.
(4) The section of the Code that has been violated.
(5) A brief description of the nature of the violation, including the location, date and time
of the violation.
(6) The amount of the civil penalty for which the violator may be liable.
(7) The time within which the violation must be corrected.
(8) A statement that failure to correct the violation by the time period indicated in the
warning will result in thp issuance of a notice.
CD2:29
.
~ 2-339
AVENTURA CODE
(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.
(Ord. No. 96-14, ~ 9, 9-4-96)
Sec. 2-340. Contents and service of notice.
(a) A notice shall include:
(1) The date and time of issuance.
(2) The name of the Code Enforcement Officer issuing the notice.
(3) The name and address of the violator.
(4) The section of the Code that haR been violated.
(5) A brief description of the nature of the violation, including the location, date and time
of the violation.
(6) The amount of the civil penalty for which the violator may be liable.
(7) The 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.
(8) The time within which the violation must be corrected.
(9) A statement that each day of continued vioiation 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 fili,1g of a request for an administrative hearing will toll the
accrual of continuing vioiation 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 administra-
tive 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 he 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
CD2:30
.
ADMINISTRATION
~ 2-342
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.
COrd. No. 96-14, ~ 10, 9-4-96)
Sec. 2-341. Rights of violators; payment of f'me; 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 indicated on the notice and
correct the violation within the time specified on the notice; or
(2) 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 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.
COrd. No. 96-14, ~ 11, 9-4-96)
Sec. 2-342. Scheduling and conduct of hearing; decision by Special Master.
(al 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 2-338,
the City Manager or his designee shall set the matter down for hearing on the next regularly
scheduled hearing date, or as soon thereafter as practicable.
(b) The City Manager or his designee 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) The name of the Code Enforc~ment Officer who issued the notice.
(2) A factual description of the alleged violation.
(3) The date of the alleged violation.
(4) The section of the Code allegedly violated.
(5) The place, date and time of the hearing.
(61 Notice of the right of the violator to be represented by an attorney.
CD2:31
.
~ 2-342
AVENTURA CODE
(7) Right of the violator to present evidence and witnesses, and to cross examine
witnesses.
(8) Notice that failure of the violator to attend the hearing may result in a civil penalty
and administrative hearing costs being assessed.
(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 City Manager or his designee 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 pOAtponed 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 he 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 City Clerk shall provide clerical and administrative support as may be reasonably
required by each Special Master for the proper performance of his duties.
(h) Each case before a Special Master shall be presented by the City Manager or his
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.
(I) The time for correction given by the Code Enforcement Officer to the named violator and
contallled in the notice is rebuttably presumed to have been a reasonable time for correction.
However, upon presentation of relevant evidence by the named violator that the time for
correction was not reasonable, the Special Master may make a redetermination as to
reasonableness of the time for correction contained in the notice. The Special Master may not
CD2:32
.
ADMINISTRATION
~ 2-342
make a detennination 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 detennines that the time given for correction was insufficient, the
penalty for a continuing violation shall be calculated from the date detennined by the Special
Master to be a reasonable date for correction.
(m) If the named violator is found guilty of the violation, he may be held liable for the
reasonable cost of the administrative hearing, at the discretion of the Special Master.
(n) The factfinding detennination 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 factfinding detennination, 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 subsection (!) of this section. 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 2-345.
(0) A decision of the Special Master affinning the decision of the Code Enforcement Officer
shall include the following elements:
(I) The amount of the civil penalty.
(2) The administrative costs of the hearing.
(3) The date by which the violation must be corrected to prevent resumption of continuing
violation penalties, if applicable.
(;>) A Special Master shall postpone a hearing if the named violator, prior to the scheduled
hearing date, files with the duly authorized City 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. This postponement provision shall not apply to political
sign violations. However, once an issue has been detennined by a Special Master in a specific
case, that issue may not be further reviewed by a City Board in that specific case.
(q) Upon exhaustion of a timely filed administrative appeal and finalization of the
administrative order by the duly authorized City Board of appropriate jurisdiction, the Special
Master may exercise all powers given to him by this article. 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 City 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 interprJ)tation 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.
COrd. No. 96-14, * 12, 9-4-96)
CD2:33
.
~ 2-343
AVENTURA CODE
Sec. 2-343. Penalties for violations, continuing violations and repeat violations.
(a) Penalties for violations of the provisions to be enforced through th;s article shall be in
the amounts prescribed in the schedule of civil penalties contained in section 2-348.
(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 the first repeat violation, the amount of the civil penalty shall be double the amount
of the penalty prescribed for the original violation by section 2-348. The amount of the civil
penalty due for each subsequent repeat violation shall be double the amount of penalty due for
the first day of the immediately preceding violation; provided that the maximum penalty
payable for the first day of anyone 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 1S 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.
(el 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 Master shall determine a reasonable time period within which correction
of the violation must be made, based on the considerations set forth in section 2-338(a). 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.
(I) Civil penalties assessed pursuant to this article are due and payable to the City 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.
(Ord. No. 96-14, ~ 13,9-4-96)
Sec. 2-344. Recovery of unpaid penalties; unpaid penalty to constitute lien; foreclo-
sure of lien.
(a) The City 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
article shall continue to accrue until the violator complies or until judgment is rendered in a
suit to foreclose on a lien filed pursuent to this article, whichever occurs first. After three
months from the date of filing of any 3uch lien which remains unpaid, the City may foreclose
or otherwise execute on the lien.
CD2:34
.
ADMINISTRATION
* 2-346
Ie) ~o 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 comme.llced in a court of competent jurisdidion. 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.
(Ord. No. 96-14, * 14,9-4-96)
Sec. 2-345. Appeal of order of Special Master.
(a) An aggrieved party, including the City, 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 ofthe 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 fmdings of the Special Master
conclusive, binding and final
{bl Unless the findings of the Special I\laster are overturned in a proceeding held pursuant
to subsection (a) of this section, findings of the Special Master shall be admissible in any
proceeding to collect unpaid penalties.
(c) No aggrieved party other than the City 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 ofthe City 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 City to a court for relief except from an order
issued by a Special Master pursuant to this article. It is the intention of the City that,
notwithstanding anything in this article to the contrary, the City shall retain all rights ancl
remedies otherwise available to it to secure compliance with or prevent violations of the Code.
For purposes of an appeal, the City Clerk shall make available, for public inspection and
copying, the record upon which each final order of a Special Master is based. The City Clerk
shall make a reasonable charge commensurate with the cost for the preparation of the official
record on an appeal and transmittal thereof to the circuit court, and for making- certified copies
of any record or portion thereof.
lOrd No. 96-14, ~ 15,9-4-961
Sec. 2-346. Provisions of article supplemental.
Nothing contained in this article shall prohibit the City from enforcing its Code by any other
means. The enforcement procedures outlined in this article 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.
(Ord. No 96-14, * 16,9-4-961
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* 2~34 7
AVENTURA CODE
Sec. 2-347. Additional enforcement powers.
In addition to the powers and authority given to the Special Masters for the City pursuant
to this article, the City may, in its discretion, exercise any powers given to municipalities or
their Special Masters by F.S. ch. 162.
(Ord. No. 96~14, ~ 17, 9~4~96)
Sec. 2-348. 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 article, and the dollar amount
of civil penalty for the violation of these sections as they may be amended. These penalties
shall be in addition to any and all other legal remedies which may be available to the City. Each
description of violation in the schedule 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 Sec. Description of Violation Initial Civil Penalty
18~31 Failing to comply with occupational li~ $250.00 and revocation of
cense requirements license
30-31, et seq. Failing to comply with noise regulations $250.00
and permitted construction hours
34-61 Failing to comply with political sign re- Removal and $250.00
quirements
38-31, et seq. Failure to comply with solid waste collec- $250.00
tion franchise requirements
42-31, et seq. Failure to comply with news rack requirc- $250.00
ments
34-78 Failure to comply y.,."ith commercial advcr- $250.00
tising sign requirements
10-01 Failure to remove canine fecal matter or $25 00
leash canines on public property
18-61 Failure to obtain a permit to film or meet $250.00
regulations
14-62 Failure for contractor to register with the $250.00
City
14-91 Failure to obtain a buildif'g permit $250.00 or cost of double
permit fee, whichever is
greater
30-161 Violation of flood damage prevention re- $25000
quirements
34-43 Illegally maintaining a prohibited sign $250.00
34-44 Failure to maintain required signs $250 00
Supp. No 2
CD2:36
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ADMINISTRATION
& 2-371
i Code Sec. Description oj'Violation Initial Civil Penalty
Chapter 34 Failure to obt~in required sign inspection $250.00
approval
Chapter 34 Maintaining a hazardous sign $250.00
Chapter 34 Failure to comply with specific require- $25000
ments of the Sign Code
Chapter 34 Failure to maintain the landscaping re- $250.00
quired for a sign
34-52 Failure to maintain signs $250.00
(c) For violations of any section of this Code for which a specific penalty is not prescribed in
this section, a penalty shall be imposed which shall not exceed $250.00 per day for a first
violation and shall not exceed $500.00 per day for a repeat violation. For the purposes of
continuing violations, each day shall constitute a separate violation.
(Ord. No. 96-14, & 18,9-4-96; Ord. No. 98-17, & 1, 6-9-98)
Sees. 2-349-2-370. Reserved.
ARTICLE VI. LOBBYING ACTIVITIES'
Sec. 2-371. Definitions.
The following words. terms and phrases, when used in this article. shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Agency means the City. including all elected and appointed officials, employees and persons
acting on behalf of the agency.
LobbYIst.
(1) Lobbyist means any pe..son who, for compensation or remuneration, direct or indirect,
seeks to influence the gvvernmental decision-making of the agency or seeks to
encourage the passage, defeat or modification of any ordinance. resolution, contract,
bid award, proposal, recommendation, action or decision of the agency.
(2) Lobbyist does not mean:
a. A City employee when acting in his official capacity.
b. Any person who appears before the City Commission, a City Board or committee,
or the City Manager or staff in an individual capacity for the purpose of
self-representation or for the representation of others without compensation or
reimbursement to express support of or in opposition to any ordinance, resolution,
'Cross reference--,-Quasi-judicial matters for planning and zoning, ~ 34-31 et seq.
State law reference-Lobbyist registration and reporting, F.8. ~& 11.045 et seq., 112.3215
et seq.
Supp. ;-';0 :2
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$e /oIAl ~{HU:II 0/ deda~% A.
RESOLUTION
The Proposed Flyover For The City of Aventura
To The City Council of Aventura,
On this day, Sunday, October 25th, 1998, the Board of
Directors of The Joint Council of Aventura, voted unanimously
to make a request of The City of Aventura to hold a town hall
meeting regarding the proposed flyover. There is great confusion
and concern regarding this project.
It would behoove our City Council and the Florida Dept. of
Transportation to educate and inform the residents. There are
many people for this flyover and many against. This town hall
meeting would be a great service not only for the residents
but to our city officials.
Your consideration in this important matter is greatly
appreciated.
Board of Directors,
~-~T a~c/ 1>~eru.'rrAA/
Leonard Brenner, President
~#WWd~ I'Ln~
ernard Weinstein, Executive
Vice President
A",c.w-/. fF: ~...hh/"~ -
S;d~~chwartz, Vice ~ident
/?:/C L- .
~6y cffuen, Treasurer
<~~t~~~..
Phi Sturz D
:fJ.~. S yens
. /.7 //
~~/ Sc war z.. C-/
Ok 11\ VK~/ i
Abe Mintz I