98-17 ORDINANCE NO. 98-17
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 2-348 OF THE CITY
CODE ENTITLED "SCHEDULE OF CIVIL PENALTIES" TO
UPDATE THE CIVIL PENALTIES SCHEDULE FOR CODE
VIOLATIONS; PROVIDING FOR CONFLICTS, PROVIDING
FOR, SEVERABILITY, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, upon the recommendation of the City Manager, the City
Commission desires to establish a uniform schedule of civil penalties for code violations
in the City of Aventura.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, AS FOLLOWS:
Section 1: Section 2-348 of the City Code of Ordinances is hereby
amended as follows:~
Section 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 License $250 and revocation of
requirements icanse
~ ~ Underlined text has been added; ~."uc~ thrcu,~h text has been deleted from existing language.
Ordinance No. 98-17
Page 2
30-31, et Failin.q to comply with noise regulations and $250
seq. ~ermitted construction hours
34-61 Failin,q to comply with political si,qn requirements Removal and $250
38-31, et Failure to comply with Solid Waste Collection $250
seq. Franchise requirements
42-31, et Failure to comply with newsrack requirements $250
seq.
34-78 Failure to comply with commercial advertisin,q sign $250
requirements
10-01 Failure to remove canine fecal matter or leash $25
canines on public property
18-61 Failure to obtain a permit to film or meet regulations $250
14-62 Failure for contractor to register with the City ~250
14-91 Failure to obtain a buildin,q permit $250 or cost of double
permit fee, whichever is
,qreater
30-161 Violation of Flood Dama,qe Prevention requirements~250
34-43 IIle,qally maintainin,q a prohibited si,qn ~250
34-44 Failure to maintain required signs $250
Chapter 34 Failure to obtain required sign inspection approval ~250
Chapter 34 Maintaining a hazardous sign $250
Chapter 34 Failure to comply with specific requirements of the $250
Si,qn Code
Chapter 34 Failure to maintain the landscaping required for a$250
sign
34-52 Failure to maintain signs $250
(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.
Section2. Conflict~. All Ordinances or parts of Ordinances and all
Resolutions or parts of Resolutions in conflict herewith are repealed to the extent of such
conflict.
Section ;~. Severabilit¥. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
Ordinance No. 98-17
Page 3
mason 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. 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. This motion was seconded by Commissioner
Berger and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Ken Cohen yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Commissioner Berger, who
moved its adoption on second reading. This motion was seconded by Vice Mayor
Cohen, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert absent
Vice Mayor Ken Cohen yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 19th day of May, 1998.
Ordinance No. 98-]-7
Page 4
PASSED AND ADOPTED on second reading this 9th day of June, 1998.
I. SNYDER, MAYOR'
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO I._~AL S~FFICIENCY: