Miami-Dade Legislative Item
File Number: 032886
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File Number: 032886 File Type: Resolution Status: Deferred by the Board
Version: 0 Reference: Control: County Commission
File Name: COURTESY NOTICE PRIOR TO ISSUANCE OF NOTICE OF VIOLATION Introduced: 10/22/2003
Requester: NONE Cost: Final Action:
Agenda Date: 11/4/2003 Agenda Item Number: 8T2A
Notes: this is amendment to 032717 Title: RESOLUTION REQUIRING COURTESY NOTICE PRIOR TO THE ISSUANCE OF A NOTICE OF VIOLATION RELATING TO CODE ENFORCEMENT PURSUANT TO CHAPTER 8CC OF THE CODE AND PROVIDING FOR SERVICE OF NOTICES [SEE ORIGINAL ITEM UNDER FILE NO. 032717]
Indexes: VIOLATIONS
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Dr. Barbara Carey-Shuler, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 11/6/2003 8T2A Deferred P
REPORT: The Board deferred the foregoing proposed resolution due to the absence of its sponsors. In response to Commissioner Seijas’ inquiry, County Attorney Ginsburg advised that since this proposal was deferred, standard procedures would be followed for the citation of violations of the code. Commissioner Seijas asked that her vote on the deferral be registered as “No”.

Board of County Commissioners 11/4/2003 8T2A Carried over 11/6/2003
REPORT: (NOTE: See Legistar Meeting Key #1417.)

County Attorney 10/22/2003 Assigned Hugo Benitez 10/22/2003

Governmental Operations and Environment Committee 10/14/2003 3D Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Hugo Benitez advised that the foregoing proposed resolution was amended in Section 1 to provide that Team Metro shall deliver a courtesy notice in lieu of the County, and in Section 2 that in addition to other notices required by the Code, all notices to be delivered by Team Metro. He advised that those enforcement activities by Team Metro under Chapter 8CC of the Miami-Dade County Code would require the courtesy notice, as requested by Commissioner Diaz, sponsor of the proposed resolution. Commissioner Martinez expressed concern regarding the issuance of citations by the County for obstructing "life safety visibility", when signs were placed in the right of way by County departments that also obstructed visibility. He suggested that the citation be issued for something other than life safety visibility. Chairperson Seijas asked that Commissioner Martinez' concerns be addressed. There being no further discussion, the Committee by motion duly made, seconded and carried, forwarded the foregoing resolution to the County Commission with a favorable recommendation, with Committee amendments.

Legislative Text


TITLE
RESOLUTION REQUIRING COURTESY NOTICE PRIOR TO THE ISSUANCE OF A NOTICE OF VIOLATION RELATING TO CODE ENFORCEMENT PURSUANT TO CHAPTER 8CC OF THE CODE AND PROVIDING FOR SERVICE OF NOTICES

BODY
WHEREAS, Chapter 8CC of the Code of Miami-Dade County provides for the enforcement of Code violations through the issuance of civil violation notices; and
WHEREAS, Chapter 8CC requires the delivery of civil violation notices; and
WHEREAS, the issuance of a courtesy notice, which is not required by the Code, prior to the issuance of the civil violation notice, will foster greater voluntary compliance with code requirements and will promote a more cost effective and efficient enforcement mechanism; and
WHEREAS, pursuant to Chapter 8CC the notice of civil violation may result in liens over the offending property; and
WHEREAS, as a result, and to promote greater voluntary compliance, notices should be delivered not only to the violator but also to the owner of the offending structure,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. Team Metro shall deliver a courtesy notice prior to the issuance of any notice of violation pursuant to Chapter 8CC of the Code of Miami-Dade County. The courtesy notice shall have the same contents and be delivered in the same manner as the notice of violation provided for in the Code, except that it shall not carry any penalty beyond that which may be effected through subsequent notice of violation.
Section 2. In addition to other notices required by the Code, all notices to be delivered by Team Metro under Chapter 8CC and this resolution shall be delivered to the owner of the offending structure as reflected in the County real property tax records maintained pursuant to Section 197.344 of the Florida Statutes, as the same may be amended or renumbered.
Section 3. The provisions of this resolution shall not apply in case of emergency action. This resolution is intended to improve voluntary compliance through courtesy notification. Accordingly, it is directory to the County Manager and staff only, and shall not serve as the basis of challenge of County enforcement action by third parties, which challenges must be premised solely on the standards for notice set forth in Chapter 8CC of the Code of Miami-Dade County.



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