City of Miami Beach

Code Compliance
Marine  

Marine Codes specifically concern issues involving vessels and structures on the water. This includes maintenance of docks, pilings, piers, seawalls and boats which are secured to these structures. Marine Codes also address sunken vessels, trash and debris in the waterways, and derelict vessels. Although any Code Compliance Officer can enforce the Marine regulations there is one officer designated as a Marine Inspector. The Code Compliance Division is equipped with a boat to patrol the waterways of the City and conduct marine inspections.

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 a violation 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.

Online Extension Request Form

Code Compliance - Main Page