The URL can be used to link to this page

Home My WebLink AboutO-2005-009 Appeal parking citationsORDINANCE NO. 2005-009 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 25 ENTITLED "TRAFFIC", ARTICLE 111, ENTITLED "PARKING", DIVISION 2, ENTITLED "ENFORCEMENT", SECTION 25-77, "ADMINISTRATIVE APPEAL", OF THE CITY CODE OF ORDINANCES TO AUTHORIZE THE USE OF HEARING OFFICERS FOR MUNICIPAL PARKING ORDINANCE VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 25-77 is amended to read as follows: Sec. 25-77. Administrative appeal. In lieu of the foregoing procedure, if the City so chooses it may, pursuant 9 to an agreement with the Clerk of the Courts for Broward County, provide for funding for hearing officers for contested parking citations. As prescribed by state law, Section 318.325, Florida Statutes, as amended from time to time, the City is authorized to provide funding for one or more hearing officers to hear any appeal by any person who seeks to contest receipt of any parking citation. If such an agreement is effective, such appeal process shall be the exclusive process for contesting parking citations. Section 2. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. 0 PASSED and ADOPTED on first reading on March 22, 2005. PASSED and ADOPTED on second reading on April 12, 2005. ATTES - T: U. 'LOUISE S TILSON CITY CLERK ANNE CASTRO MAYOR — COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO — YES COMMISSIONER MCELYEA - YES VICE -MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS '�'ANSBRO Cl TORNEY 2 ORMNANCE #2005-009 Agenda Request Form City of Dania Beach Agenda Item: 74 Date of Commission meeting: 3/22/2005 Description of Agenda Item: Ordinance to allow use of hearing officars; for parking violations Commission action being requested: Adopt Resolution or Ordinance E3 Expenditure E] Award BID RFP F� Presentation Ej General approval of item E] Continued from meeting ai biher'1,(PI6�aiqr0jpj n '. S umm air q'xp" I 'y anation and: backc0ound: The City has utilized Clerk of the Court to collect parking fines since April of 2004. The Clerk of the — --- -- ---- Court is implementing a Traffic Magistrates to serve as Hearinq Officers for contested parking citations. According to Florida Statute 318.325, the City has to adopt an ordinance to provide funding for hearing officers. After the ordinance is adopted, the City can then enter a "restated agreement" with the Clerk of the Court to handle parking violations �"6�,h�ed',,,.�'e"xhibit��';:'and "additional, backup material s (Please list): Staff Memo Ordinance For purchasing requests ONLY Department: Amount: Fund: General: E] Water: Sewer: E] Stormwater: El Grants: Capital. - Account Name: Account Number: Submitted by: pvarney Date: 3/14/2005 Department Director: Date: Admin. Services Director., Date: Finance Director: pvarney Date: 3/14/2005 City Manager: pvarney Date: 3/14/2005 CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM TO: Mayor & Commission Merno: DF-05-03 FROM: Patricia Varney, Director of Finance DATE: March 14, 2005 SUBJECT: Hearing Officers for contested parking citations The City entered into a interlocal agreement with the Clerk of the Court to collect City's park-Ing fines since April 2004. The Clerk of the Court currently decided to utilize Traffic Magistrates to serve as hearing officers for contested parking citations. The Clerk of the Court proposed a "Restated Agreement", however.. prior to the approval of the agreement and pursuant to Section 318.325 Florida Statutes, the City must adopt an ordinance that a] lows the municipality to refer cases involving the violation of a municipal parking ordinance to a hearing officer funded by the municipality. The cost that the Clerk of the Court will impose under the restated agreement is $2 per case. During a six month period of last fiscal year, the City has 69 tickets contested. Based on this trend, the cost of the City will be approximately $300 to $400 per year. 0 0 0 F%.Jr% I LAUUtRUALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, MIAMI DADE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH/MIAMI DADE BEFO THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED -WHO, ON OATH, SAYS THAT RE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED DEPARTMENT OF THE SUN -SENTINEL, DAILY NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A: ORDIANCES 2005-008 AND 2005-009 IN THE MATTER OF: Ordinances 2005 008 and 2005 009 IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF: 4/1,IX 12331809 AFFIANT FURTHER SAYS THAT THE SAID SUN -SENTINEL IS A NEWSPAPER PUBLISHED IN SAID BROWARDIPALM BEACH/MIAMI DADE'COUNTY, FLORIDA, AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, EACH DAY, AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF ATTACHED COPY OF ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID, NOR PROMISED, ANY PERSON, FIRM, OR CORPORATION, ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPER. - - 414 4� UA I& (SIGNATURE OF AFFIANT) SWORN TO AND SUBSCRIBED BEFORE ME ON: 01-April-2005 , A.D. (SIGNATURE OF NOTA�Y PUBLIC) Tc: r a L k Myrrq'1!1`tI3S*N# DD024?39 EXPIRE )u�' 10, 2005 (NAME OF NOTARY, TYPED, PRINTED R STAMPED) PERSONALLY KNOWN _ Y OR PRODUCED IDENTIFICATION BEAC-- FLORIDA. RE. 'G"Dr"G ADOPTION T�i FOLLOWING PROOF POSED ORDINANCE: NOTICE IS HEREBY GIV. ENth3t the City COMMiS. SlOn Of the City Of Dania Beach, Florida on April 12,2005, at 7�60 P.M. or as soon thereafter as the rnarter may be heard, will conauct a Public hearing in the City Commission ICharnberS of the Dania BeaCt City Hall. 100 West IDania Beach Boulevard, DaniaoBeaCh, Florida to consi er the Proposed ,aclooton of the following Ordirances entitled: i0RONANCE NO. 2OOS_ 008 AN ORDINANCE OF THE CIT', OF DANIA BEACH IFLORIVA PERTAINING T6 IFLOOD DAMAGE PREVEN. TION, AMENDING CHAP. ITER 12, FNTITLED 'FLOOD L)AMAGE PREVENTION-, !ARTICLE 1. ENTITLED 'IN !GENERAL", SECTIONS !12 : -5 -DEFINITIONS- AND �12-7 "BASIS FOR ESTAB. LISHING THE AREAS OF SPECIAL PLOOD HAZARD', ARTICLE 11, ENTITLED, f"ADMINISTRATION-, SEC. I TION 12-3 3, " PERMIT PRO. ICEDURES" AND ARTICLE III, ENTITLED "HAZARD RE- DUCTION", SECTION 12. i52. -SPECIFIC STAN. iDARDS" OF THE CITY ;CODE OF ORDINANCES, TO !UPDATE ALL SUCH PROVI. jSIONS; PROVIDING FOR jSEVERABILITY PROVIDING ,FOR CONFLICTS; FUR. THER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. �005. 009 AN ORDINANCE OF THE CITY OF DANIA BEACH, aLORIDA AMENDING -HAPTER 25 ENTITLED TRAFFIC". ARTICLE III, ENTITLED "PARKING', Dl- VISiON 2, ENTITLED 'ENFORCEMENT", SEC-, TION 25-77, AP. PEAL" . OF THE CITY CODE: OF ORDiNANCES TO ALI-i !THORIZE THE USE OFJ HEARING OFFICERS FOR .MUNICIPAL PARKING OR-, DINANCE VICLATIONS;; PROVIDING FOR SEVERA BILITY; PROVIDING FOR' CONFLIcTS. FURTHER,i PROVIDING FOR AN EF- I-ECTIVE DATE. copies of the Proposed Ordinances are an file in; the OffiCe of the City Clerk, City Hall, 100 Westl ,Dan a Beach Boulevardj 1Dan;a Beach, Florida, and may be inspected by thei publ I c during rormal� ,working hours. j Interestecl parties may! jappear at the aforesaid� ,meeting and be heard with respect to the pro-, po5ed. Ally person who: decides to appeal any de-,� cision made by the City! commission with respect! to any matter consdere at this hearing will need a record of the proceedings and for s Lich purpose may need to ensure t hat a ver- batim relcOrd of the pro- ceedings is made, which record includes the testl- mony an40 evidence upon which the appeal is to be based. in accordance with the Americar,i with Disabilities Act, persons needing as- sistance to participate In any of the proceedinp, should CD nlact Louise Stll- son, City Clerk, 100 West Dania Beach Boulevard, Dania E3each, Florida 33004, (9 54) 924-3622 ati least 48 ft ours prior to the meeting ,'si Louis Sbi - � �11 city clelk April 1, 293114