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2000-13 ORDINANCE NO. 2000-13 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING TFIE CITY CODE (THE "CODE" BY AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE V, "CODE ENFORCEMENT," SECTION 2-339 OF THE CODE, "CONTENTS AND SERVICE OF WARNING," AND SECTION 2-340 OF THE CODE, "CONTENTS AND SERVICE OF NOTICE," PROVIDING FOR SERVICE TO COMMERCIAL PREMISES AND PROVIDING A PROCEDURE FOR NOTICE OF TRANSFER OF PROPERTY SUBJECT TO CODE ENFORCEMENT PROCEEDINGS; AMENDING SECTION 2-343 OF THE CODE, "PENALTIES FOR VIOLATIONS, CONTINUING VIOLATIONS, AND REPEAT VIOLATIONS," PROVIDING FOR A FINE OF UP TO $5,000 FOR IRREPARABLE VIOLATIONS; PROVIDING THAT THE CITY MAY CORRECT OR REPAIR A VIOLATION THAT PRESENTS A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE; AUTHORIZING THE CITY TO CHARGE TlqE VIOLATOR WITH THE COSTS OF REPAIRS; AMENDING SECTION 2-344 OF THE CODE, "RECOVERY OF UNPAID PENALTIES; UNPAID PENALTY TO CONSTITUTE LIEN; FORECLOSURE OF LIEN," PROVIDING THAT THE CITY MAY INITIATE LEGAL PROCEEDINGS TO RECOVER A CODE ENFORCEMENT LIEN IN THE FORM OF A MONEY JUDGMENT; AMENDING SECTION 2-346 OF THE CODE, "PROVISIONS OF ARTICLE SUPPLEMENTAL," PROVIDING THAT THE PROVISIONS OF ARTICLE V ARE SUPPLEMENTAL AND CUMULATIVE TO ALL OTHERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: Ordinance No. 2000-13 Page 2 Section 1. That Chapter 2, "Administration," Article V, "Code Enforcement," Section 2-339, "Contents and Service of Warning" of the Code of Ordinances, City of Aventura, Florida, is hereby amended to read as follows:~ See. 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 Enforcemem 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 the issuance of a notice. (b) Service of the warning to the violator shall be effected either by: ?~an~ Additions to existing text are indicatod by underlining; doletions are indicated by 2 Ordinance No. 2000-13 Page 3 (1) Certified mail, return .receipt requested, provided that if such warning is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the City by such owner and is returned as unclaimed or refused, the warning may be served by posting as described in subparagraphs (e)(2)a. and b. and by first class mail directed to the addresses furnished to the City with a properly executed proof of mailing or affidavit confirming the first class mailing; (2) Hand delivery by the sheriff or other law enforcement officer, code enforcement officer or other person designated by the City by: (A) Leaving the warning at the Violators usual place of residence with any ~erson residing therein who is above 15 years of age and informing such person of the contents of the warning; or (B) In the case of commercial premises, leaving the warning with the manager or other person in charge. (c) In addition to serving the warning as set forth above, at the option, and discretion of the City Manager, the warning may also be served by publication or posting as follows: (1)a. The warning shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation, in Miami-Dada County, as specified in Chapter 50. Florida Statutes. b. Proof of publication shall be made as provided in Sections, 50.041 and 50.0.51, Florida Statutes. (2)a. In lieu of publication as described in paragraph (c)(1), such warning may be posted at least 10 days prior to the expiration of any deadline contained in the warning in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at City Hall. b. Proof of posting shall be by affidavit of the person posting the warning, which affidavit, shall include a copy of the warning posted and the date and places of its posting. (d) Evidence that an attempt has been made to hand deliver or mail the warning as provided in subsection (b) (e.g., by affidavit of the Code Enforcement Officer), together with proof of publication or posting as provided La subsection (c), shall be sufficient to show Ordinance No. 2000-13 Page 4 that the requirements of this Section have been met, without regard to whether or not the Violator actually received such warning (e) If the owner of property which is subject to an enforcement proceeding before the Special Master or court transfers ownemhin 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 heating is held. Section 2. That Chapter 2, "Administration," Article V, "Code Enforcement," Section 2-340, "Contents and Service of Notice" of the Code of Ordinances, City of Aventura, Florida, is hereby amended to read as follows: See. 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 Ordinance No. 2000-13 Page 5 (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 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 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. (t0) 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 heating within 20 days after service of the notice shall constitute a waiver of the violator's right to an administrative heating 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 e/ther 5 Ordinance No. 2000-13 Page 6 (1) Certified mail, return receipt requested, provided that if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's Office for tax notices, and at any other address provided to the City by such owner and is returned as unclaimed or refused, notice may be provided by r>ostin~ as described in subparagraphs (c)(2)a. and b. and by first class mail directed to the addresses furnished to the City with a properly executed proof of mailing or affidavit confirming the first class mailing; (2) Hand delivery_ by the sheriff or other law enforcement officer, code enforcement officer, or other person designated by the City by: (A) Leaving the notice at the Violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents 0fthe notice; or (B) In the case of commercial premises, leaving the notice with the manager or other person in charge. (c) In addition to providing service of the Notice as set forth above, at the option and discretion of the City Manager, the Notice may also be served by publication or posting as follows: (1)a. The Notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Miami-Dade County, as specified in Chapter 50, Florida Statutes. b. proof of publication shall be made as provided in Sections, 50.041 and 50.051, Florida Statutes. (2)a. In lieu of publication as described in paragraph (c)(1L such notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the Notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at City Hall. b. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (b). 6 Ordinance No. 2000-13 Page 7 (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (b) (e.g,~ by affidavit of the Code Enforcement Officer), together with proof of publication or posting as provided in subsection (c), shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the alleged Violator actually received such notice. (e) If the owner of property which is subject to an enforcement proceeding before the Special Master or court transfers ownership of such propen'y 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 fi.aud. If the .property_ is transferred before the heating, the proceeding ,hall not. be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the heating is held. Section 3. That Chapter 2 "Administration,'' Article V, "Code Enforcement," Section 2-343, "Penalties for Violations, continuing violations and repeat violations" of the Code of Ordinances, City of Aventura, Florida, is hereby amended to read as follows: Sec. 2~343. Penalties for violations, continuing violations and repeat violations. 7 Ordinance No. 2000-13 Page 8 (a) Penalties for violations of the provisions to be enforced through this article shall be in the mounts 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 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 of correction given in the notice until the correction is made or until a request for administrative heating 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. (f) 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, ff a proper appeal is made, when the appeal has been finally decided adversely to the named violator. (g) If the Special Master finds a violation to be irreparable or irreversible in nature, the Special Master may order the Violator to pay a fine not to exceed Five Thousand Dollars ($5.000.00) per violation. (h) If the Special Master finds that a violation presents a serious threat to the public health, safety and welfare, the Special 8 Ordinance No. 2000-13 Page 9 Master shall notify the Manager, who may order all repairs in order tO bring the property imo compliance. The City_ may assess the Violator with the cost of the repairs. (i) Civil penalties assessed pursuant to this Chapter are due and payable to the City on the last day of the period allowed for the filing of an appeal from the Special Masters decision, or, if a proper anpeal is made, when the appeal has been finally decided adversely to the named Violator. Section 4. That Chapter 2 "Administration," Article V, "Code Enforcement," Section 2-344, "Recovery of unpaid penalties; unpaid penalty to constitute lien; foreclosure of lien" of the Code of Ordinances, City of Aventura, Florida, is hereby amended to read as follows: Section 2-344. Recovery of unpaid penalties; unpaid penalty to constitute lien; foreclosure of lien. (a) The City may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties and/or assessments for repairs. A certiffed 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 pursuant to this article, whichever occurs first. After three months from the date of filing of any such lien which remains unpaid, the City may foreclose or otherwise execute on the lien. Alternatively, the City may initiate proceedings 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), assi_~m(s) or heir(s) of the Violator, the Ci~ Clerk is authorized to execute and record in the Public Records of Miami- Dare County the appropriate Release of Lien document. (b) No lien provided under this article shall continue for a period longer than 20 years after the certified copy of an order 9 Ordinance No. 2000-13 Page 10 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. Section 4. That Chapter 2, "Administration," Article V, "Code Enforcement," Section 2-346, "Provisions of Article Supplemental," of the Code of Ordinances, City of Aventura, Florida, is he, by amended to read as follows: Section 2-346. Provisions of article supplemental. xT..+k: .......:.~ ' +k:~ ~..,:~ ~.n, ~k~:. In addition to the methods contained in this Patide, the City 5om may enforomg~ its Code by any other means, including, but not limited to, a summons, an arrest, a notice to ap_pear, advil action for injunc~ve relief; a stop work order or demolition. 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. Section S, Sevenlb.jlity. 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 6. ~clusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; 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. 10 Ordinance No, 2000-L3 Page 11 Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. The motion was seconded by Commissioner Cohen, and upon being put to a vote the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay K Beskin yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Commissioner Jefl?ey M. Perlow yes Mayor Arthur I. Snyder yes Rogers- The foregoing Ordinance was offered by Commissioner Libert , who moved its adoption on second reading. The motion was seconded by Commissioner Berger , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Jeffyey M. Peflow yes Mayor Arthur I. Snyder PASSED on first reading this 4th day of April, 2000. PASSED AND ADOPTED on second reading this 2nd day of May, 2000. / ARTHUR I. SNYDER, MAYOR ATTEST: ',,~ CITY CLERK " 11 Ordinance No. 2000-13 Page 12 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 12