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<br />ORDINANCE NO. 2004- 202 <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, RENDERING IT UNLAWFUL FOR <br />ANY ELECTED OR APPOINTED OFFICIAL OR EMPLOYEE OF THE <br />CITY TO CANCEL, VOID, REDUCE OR INTERFERE WITH A CIVIL <br />VIOLATION NOTICE, CITATION, TICKET OR FINE ISSUED BY THE <br />CITY'S CODE ENFORCEMENT DEPARTMENT EXCEPT BY A CODE <br />ENFORCEMENT OFFICER WHEN THE ISSUANCE OF SUCH <br />VIOLATION WAS IN ERROR; PROVIDING FOR REPEALER; <br />PROVIDING FOR SEVERABILITY; PROVIDING FOR AN INCLUSION <br />INTO THE CODE; PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, the Mayor of the City of Sunny Isles Beach has made a commitment to <br />ethics on the part of the City; and <br /> <br />WHEREAS, the elected officials have received numerous requests for the voiding of <br />civil violation notices, citations, tickets and/or fines and has regularly declined to do same; and <br /> <br />WHEREAS, the Mayor would like to have an Ordinance for the record prohibiting such <br />activity, except by a Code Enforcement officer, under certain circumstances and providing for <br />procedures for those circumstances. <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF <br />THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section I. Voiding of Civil Violation Notice. Citation. Ticket or Fine as Unlawful. It shall <br />be unlawful for any elected or appointed official or employee of the City, to cancel, null or void <br />any civil violation notice, citation, ticket or fine which may be issued by the City's Code <br />Enforcement department, provided, however, that when it shall appear to the officer issuing such <br />summons, citation or ticket, that an issuance was made through error or misunderstanding of the <br />facts or law, such Code Enforcement officers shall be entitled to void this summons, citation or <br />ticket utilizing procedures set forth in this Ordinance. <br /> <br />Section 2. Procedures for Voiding bv a Code Enforcement Officer. In the event an officer <br />has determined a violation notice, citation, ticket or fine has been made through error or <br />misunderstanding of facts or law, such Code Enforcement officer shall void same by marking the <br />notice, citation or ticket void, and affixing his/her signature thereto, and also attaching a written <br />statement explaining the reasons and facts for his/her action in voiding the violation notice, <br />citation, ticket or fine. <br /> <br />Section 3. Repeal of Conflicting Ordinances. All prior ordinances or parts thereof in conflict <br />herewith, are hereby repealed to the extent of such conflict. <br /> <br />Section 4. Severabilitv. The provisions of this Ordinance are declared severable and if any <br />section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid <br />