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0. The decision of the Special Magistrate affirming the decision of the Code Enforcement Officer <br /> shall include the following elements: <br /> (1) Amount of civil penalty. <br /> (a) Prescribed in the schedule of civil penalties as adopted herein. <br /> (b) Gravity of the violation. <br /> (c) Actions taken to correct said violation. <br /> (d) Any previous violations committed by the violator of a similar nature. <br /> (e) The Special Magistrate may mitigate the amount of civil penalties assessed in an <br /> amount up to but not in excess of 50% of the total amount of civil penalty, not <br /> including administrative costs. Provided, however, in no case shall mitigation occur <br /> prior to satisfactory correction of the violation or other permanent disposition of the <br /> building or property that obviates the need for correction. The administrative costs <br /> of the hearing shall not be subject to mitigation at any time. <br /> (1) Administrative costs of the hearing, which shall represent the costs incurred by the <br /> City in preparation for the specific hearing, shall be no less than $75.00 $150.00. <br /> (2) Date by which the violation must be corrected to prevent resumption of continuing <br /> violation penalties, if any. <br /> Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any <br /> section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or <br /> unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, <br /> classes, phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this <br /> Ordinance shall stand notwithstanding the invalidity of any part. <br /> Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, <br /> that the provisions of this Ordinance shall become and be made a part of the Code of the City of Sunny <br /> Isles Beach, Florida; and that the section of this Ordinance may be renumbered or re-lettered to <br /> accomplish such intentions, and that the word "ordinance" shall be changed to "section" or other <br /> appropriate word, as required. <br /> Section 5. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are <br /> hereby repealed. <br /> Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on the <br /> second reading. <br /> Words added underlined,words stricken deleted <br />