HomeMy WebLinkAboutR-2006-211 Special Magistrate Appointment RESOLUTION NO. 2006-211
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPOINTING MITCH KRAFT, ESQ. TO ACT AS A CODE ENFORCEMENT
SPECIAL MAGISTRATE FOR MUNICIPAL CODE ENFORCEMENT
PROCEEDINGS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach appoints Mitch
Kraft, Esq. to act as a Code Enforcement Special Magistrate for municipal code enforcement
proceedings. A copy of the terms and conditions of the appointment is attached and incorporated
by this reference. The appointee shall serve at the pleasure of the City Commission.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are be repealed to the extent of such conflict.
Section 3 . That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on November 28 , 2006.
PATRICIA FLURY
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS T O AND CORRECTNESS:
BY:
THbm J. ANSBRO
CITY ATRORNEY
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FLORIDA
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December 1, 2006
Mitch Kraft, Esq.
11081 NW 1" Court
Coral Springs, FL 33071
Re: Special Magistrate Retainer Agreement
Dear Mr. Kraft:
This Retainer Agreement shall confirm that you agree to act as a Code Enforcement
Special Magistrate for the City of Dania Beach ("City") under the following terms and
conditions;
1. Pursuant to the authority provided in City Resolution No. 2006-211, adopted on
November 28, 2006, this will serve as your tentative appointment as a Special Magistrate for
Code Enforcement commencing on December 1, 2006. You will serve at the pleasure of the City
Commission.
2. It is agreed that you will be compensated for your services on an hourly basis at
the rate of$100.00 per hour, excluding travel time to and from Special Magistrate hearings and
€ meetings.
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3. It is agreed that you may bill for actual reasonable out-of-pocket expenses in
connection with your Special Magistrate duties, including but not limited to, such ordinary
f expenses as postage, telephone calls (a copy of the telephone bill must be submitted with the
request), photocopy charges ($0.15 per page), faxes ($1.00 per page) and courier charges.
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4. As a Code Enforcement Special Magistrate, you will be responsible for
preparation for and attendance at scheduled Special Magistrate Hearings, review of the final
order(s) and such other duties as the City may assign. Additionally, you will adhere to Chapter
162, Florida Statutes, Chapter 2 of the City Code of Ordinances and the City Zoning and Land
Development Codes as they relate to Code Enforcement matters, the Florida Rules of Civil
Procedure, rules of evidence and all other City ordinances relevant to code enforcement.
5. It is agreed that you will submit a detailed invoice to the City Code Enforcement
Department, Attention: Shariann Pearson, Clerk, within fifteen (15) days after the end of the
preceding month. Invoices shall include: the date of each hearing over which you presided, the
total number of hours worked (rounded to the nearest tenth of an hour), and a brief summary of
the work performed. Any reimbursement for out-of-pocket expenses outlined above requires the
submission of invoices, bills, receipts, etc.
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"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
Mitch Kraft, Esq.
December 1, 2006
Page 2 of 2
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6. Each invoice will be reviewed and submitted to the City Finance office for
processing. In the event that there is a question or dispute as to a certain invoice, either the Code
Compliance Office or the City Attorney's office will contact you to resolve the matter.
7. This Agreement may be cancelled by the City upon five (5) days' prior written
notice with or without cause. Upon such termination, you shall be entitled only to such fees and
costs incurred as of the date of termination. In the event you deem it necessary to cancel this
Agreement, you shall give thirty (30) days' prior written notice to the City Attorney's office.
8. In connection with the Special Magistrate duties, it is understood and agreed that
you shall not represent clients in lawsuits, quasi-judicial proceedings, or administrative matters
involving the City, nor shall you represent any client in a property-related matter with a
reasonable potential of becoming a respondent who may appear before a Special Magistrate of
this City. Further, you shall not receive a referral fee for referring a current or future potential
client to another attorney, if such client is pursuing or intends to pursue any claim against the
City in a court of law, any arbitration hearing, or before a state or local government
administrative board.
9. The City will indemnify and defend you in your capacity as a Special Magistrate
for Municipal Code Enforcement proceedings, from any cause of action that may arise from the
iperformance of your duties as Special Magistrate on behalf of the City, if the duties lie within the
scope and course of your employment.
Please sign and date in the spaces provided below and send one original to my office.
Very t ly yours,,/1 ='7
Thomas J. Ansbto, City Attorney
City of Dania Beach
eed and accepted by:
t �
Date:
itch Kraft, Esq.
cc Ivan Pato, City Manager
Nick Lupo, Code Compliance Manager