TYPES OF VIOLATIONS
The goal of the Code Compliance Department is compliance. Depending on the nature of the violation, the Code Compliance staff may issue a courtesy notice, provide a warning, or issue a violation. Violations that are life safety or for which immediate compliance is required pursuant to the code, may require immediate compliance. Other violations, such as noise violations, result in an immediate penalty or fine. For other violations, Code Compliance staff may issue a courtesy notice and provide sufficient time for the violation to be remedied; a violation notice would be issued if the violation was not addressed. In all cases when a violation is issued, an appeal may be filed if the violator believes that the violation was issued in error, or additional information would deem the violation invalid. Courtesy notices cannot be appealed.
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 becomes a violation and it is sent to the Special Master for a hearing.
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.
Once there is a violation and/or the time period to correct a courtesy notice has expired, the following occurs:
A hearing date for the Special Master 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 can result in the initiation of foreclosure procedures on the property.
Violations with No Immediate Fine
Code issues a violation, with a compliance date.
The violator corrects the violation by the compliance date or requests an extension. Case is closed when there is compliance.
Failure to correct the violation by the compliance date will result in the case being forwarded to the Special Master for a hearing.
If the violator is found guilty by the Special Master a new compliance date is set and a daily fine is ordered for failure to comply.
If the violation is corrected by the compliance date, the case is closed.
Failure to correct the violation by the compliance date will result in the accrual of a daily fine as ordered by the Special Master.
The fine will become a lien on the property.
Violations with an Immediate Fine
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.
Violation with fine is issued.
Violator can pay fine or appeal within a specified time.
Failure to pay fine or appeal will result in a Final Order requiring the full amount due.
Some City Code Violations can, under certain circumstances, result in arrest. These include:
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.