§ 2-204. Special master.  


Latest version.
  • (a)

    Position created. Pursuant to the constitutional home rule powers granted to municipalities by the Florida constitution, F.S. ch. 166 and F.S. § 162.22, the village creates the position of special master for the village to enforce the occupational license, building, zoning, sign, and other related codes and ordinances of the village and all ordinances of Miami-Dade County and Statutes of the State of Florida that the village is authorized to enforce.

    (b)

    Assistance from village attorney. All procedure and conduct of hearings shall be as provided in section 2-204(g) of this Code. The village attorney shall serve as counsel to the village in the defense of appeals to the special master. The village attorney shall have the power, upon approval by the councilmembers, to initiate civil actions for declaratory and injunctive relief, and orders to compel, and to commence any other action to enforce civil fines, correction orders and orders of the special master, and to compromise and settle fines and penalties.

    (c)

    Powers. The special master shall have the powers to:

    (1)

    Adopt bylaws and rules of procedure.

    (2)

    Hear de novo appeals by alleged violators from civil citations; affirm in whole or in part, or reverse, the charge of violation; and affirm or modify the order of corrections and fine levied in the citation.

    (3)

    Conduct hearings.

    (4)

    Subpoena and swear witnesses.

    (5)

    Take evidence under oath.

    (6)

    Issue orders having the force of law to command action to correct a violation.

    (7)

    To assess costs, including reasonable attorney's fees, against violators in proceedings before the special master and to enforce compliance with citations and orders of the special master.

    (8)

    Authorize the village attorney to request the issuance of inspection warrants.

    (9)

    Initiate civil actions for declaratory and injunctive relief, order to compel, and take any other civil action in the village's name, upon approval by the councilmembers, to enforce applicable laws against violators.

    (10)

    Mitigate, compromise and settle fines and penalties.

    (11)

    Take any action that is necessary to effectuate the powers of the special master consistent with the intent of this chapter.

    (d)

    Power to appoint. A special master shall be appointed upon recommendation of the village manager, and a majority vote of approval from the councilmembers based upon the criteria established under subsection (e) below.

    (e)

    Qualifications. In order to qualify for the special master position, the applicant shall be a nonresident of the village and shall possess outstanding reputation for civic pride, interest, integrity, responsibility and business or professional ability. In addition, the applicant shall posses at least one of the following traits:

    (1)

    Be a retired Florida judge;

    (2)

    A member in good standing of the Florida Bar, with at least five years experience in zoning, land use, code compliance, real estate transactions or litigation.

    (f)

    Term. A special master's term of appointment shall be limited to one year. A special master may be reappointed as provided for under subsection (d). If a special master is unable to hear a case due to conflict of interest or any other reason, the case shall be assigned to another special master. No more than three special masters shall be appointed for service for any one-year period.

    (g)

    Removal. The village council at its sole discretion may remove a special master from office at any time.

    (h)

    Compensation. A special master shall be compensated at a rate not to exceed $100.00 per hour for attendance at hearings and preparation of orders of the special master.

(Ord. No. 03-08, § 1, 6-2-2003)