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ORDINANCE NO. 2018 - 5.25( <br /> AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br /> SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 14-10 OF <br /> THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES <br /> BEACH TO REVISE THE ADMINISTRATIVE FEE FOR SPECIAL <br /> MAGISTRATE HEARINGS; PROVIDING FOR SEVERABILITY; <br /> PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR <br /> REPEALER; PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, by Section 14-10 of the Code of the City of Sunny Isles Beach, the City <br /> Commission adopted an administrative fee for Special Magistrate Hearings; and <br /> WHEREAS, the City Manager has the authority to review all fees to determine if an <br /> adjustment to the fee schedule should be recommended to the City Commission; and <br /> WHEREAS, based on a review of the fee schedule, the City Manager is recommending <br /> an adjustment to the fee schedule in Section 14-10 of the City Code. <br /> NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> Section 1: Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and <br /> confirmed as being true and correct and are hereby made a specific part by this Ordinance upon <br /> adoption hereof <br /> Section 2; Amendment. Section 14-10 of Chapter 14 of the City Code is amended as follows: <br /> § 14-10. —Schedule and Conducts of Hearing. <br /> M. If the named violator is found guilty of the violation s/he shall be held liable for the reasonable <br /> coast of the administrative hearing costs of no less than $75.00 $150.00. <br /> N. The fact-finding determination of the Special Magistrate shall be limited to whether or not the <br /> violation alleged occurred, and, if so, whether the person named in the civil violation notice <br /> may be held responsible for that violation. Based upon this fact-finding determination, the <br /> Special Magistrate shall either affirm or reverse the decision of the Code Enforcement Officer. <br /> If the Special Magistrate reverses the decision of the Code Enforcement Officer and finds the <br /> named violator not responsible for the Code violation in the alleged civil violation notice <br /> because the department did not present substantial competent evidence to indicate that such <br /> violator is responsible for the violation, then, and in that case, the named violator shall not be <br /> liable for the payment of any civil penalty, absent reversal of the Special Magistrate's findings <br /> pursuant to any circuit court appeals. <br /> Words added underlined,words strisker+deleted <br />