City Code encompasses a wide
range of issues. Any codes that are not included in Property Maintenance,
Zoning or Marine Codes are considered City Code. This includes; occupational
licensing, special events, sidewalk cafes, signs on public property, garage
sales, noise, barking dogs, graffiti, beach concessions, and street vendors.
Courtesy Notices are issued as
a result of inspections by a Code Compliance Officer. An inspection can be
conducted as a result of a complaint, observation by the Officer or a
scheduled annual inspection. Once an area of concern is discovered the
following occurs:
- Courtesy Notice is issued by the Code
Compliance Officer and a time period to correct the area of concern is
identified (usually 15 to 30 days)*.
- If the area of concern is corrected by the
compliance date, the case is closed.
- If the area is not corrected by the
compliance date, the case is sent to the Special Master for a hearing.
- A hearing date is set. The Code Compliance
Officer will conduct another inspection shortly before the hearing to
determine if the area of concern still exists. If the area of concern is
corrected, the case will be closed and dismissed at the Special Master. If
the area of concern still exists the hearing will proceed.
- If the Special Master makes a finding of not
guilty, the case will be dismissed.
- If the Special Master makes a finding of
guilt, a new compliance date will be set and a daily fine assessed if the
area of concern is not corrected by the compliance date. The fine can be
up to $1,000 per day for the first offense, and $5,000 per day for repeat
offenses. (An offense is considered a repeat offense if it occurs again
within five years).
- If the area of concern is corrected by the
new compliance date set by the Special Master, an affidavit of compliance
will be completed by the Code Compliance Officer and forwarded to the
Special Master. Both the Special Master case and the Code Compliance case
will be closed.
- If the offense is not corrected by the
compliance date set by the Special Master, an affidavit of non-compliance
will be completed by the Officer and forwarded to the Special Master, and
the daily fine will begin to accrue.
- The case will remain open as long as there
are outstanding fines, even if the violations are corrected. The fines
will become a lien, which will be placed against the property. Failure to
pay the fines will result in the initiation of foreclosure procedures on
the property.
*Some violations require additional time
to correct. Should this be necessary an extension can be requested
by sending a letter to the Code Compliance Department or by applying
for an extension online. Extensions can only be granted for cases,
which have not been heard by the Special Master. If the Special Master
has heard a case only the Special Master can grant an extension.
Some City Code violations carry
an immediate fine. The fine is identified on the notice of violation. This
fine must be paid within the time specified or the violation can be appealed
to the Special Master. Paying the fine or failing to appeal the violation
within the allowed time is considered an admission of guilt and any subsequent
violation will be considered a repeat violation.
The amount of the fine varies
depending on the section of the code and is identified in the penalty section
of the specific section.
The following City Code
violations can result in arrest:
-
Noise Violations (Miami
Dade County Code 1-28). A warning is issued first; any subsequent
violation within 24 hours is subject to an arrest.
-
Operating a business
without an occupational license (Miami Beach City Code 18-1).
-
Posting signs on public
property (Miami Dade County Code 21-30(1)).
-
Street Performers operating
without a license (Miami Beach City Code 18-902).
-
Non Profit Vendors
operating without a license (Miami Beach City Code 86-141).
-
Engaging in Film and Print
activity without a permit (Miami Beach City Code 12-1).
-
Engaging in a Special Event
on Public Property without a Special Events Permit (Miami Beach City Code
12-5).
This method of enforcement will
be identified in the penalty section of the specific section of the City Code.
Any Code section, which does not identify a specific penalty, is subject to
enforcement under section 1-14 of the Miami Beach Code and can result in an
arrest.
