§ 50-11. Enforcement by fire inspectors.

(a)

Notice of violation. If, upon inspection, a fire inspector finds that a fire code violation exists based on the Florida Fire Prevention Code, Miami-Dade County Fire Code, or the City of Miami Beach Code, as may be amended from time to time, the fire inspector shall document the list of violations using a Fire Department form. The Notice of Violation shall indicate the name of violator, address of establishment inspected, the date of the inspection, and the name of the inspector. The Notice of Violation shall describe the code requirement, which is not in compliance, and indicate timeframe within which to correct said violation(s).

(1)

The violator can appeal the interpretation of the code requirement to the inspector's supervisor and finally to the Fire Marshal of the City of Miami Beach after providing evidence that the condition present does not constitute a code violation. If the Fire Marshal affirms that the code violation does exist. then the violator can appeal a decision of the Fire Marshal to the Miami-Dade County Fire Safety and Prevention Board of Appeal as provided for in the Florida Fire Prevention Code, and as provided for in Chapter 14, Miami-Dade County Code.

(2)

If the violator does not correct the violation within the indicated time frame, the fire inspector, or designee of the Fire Marshal, shall follow enforcement proceedings through the Special Master process as provided in Chapter 30 of the City of Miami Beach Code.

(b)

Citation. In lieu of a Notice of Violation, or in addition to a Notice of Violation, the fire inspector can issue a citation for the following offenses listed below. The citation shall state the name of the violator, the date and time of the violation, address of the violation, amount of fine for which the violator is liable, instructions, due date for paying the fine, and the appeal process.

(1)

Locked exits. If. upon inspection. a fire inspector finds a locked exit as defined in the Florida Fire Prevention Code as a door requiring a key or special knowledge to open, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k).

(2)

Blocked or impeded exits. If, upon inspection, a fire inspector finds the means of egress blocked or impeded as defined in the Florida Fire Prevention Code, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k).

(3)

Overcrowding. If, upon inspection, a fire inspector finds an overcrowding condition in excess of the maximum number of occupants as approved by the Fire Marshal, then the inspector shall issue a citation as follows: A minor overcrowding citation when the number of occupants exceed the approved limit by less than 30 percent; a severe overcrowding citation when the number of occupants exceed the approved limit by 30 percent or more. The citation issued will carry the penalties stated in Section 50-4(k).

(4)

Fire watch. If, upon inspection, a fire inspector finds that the owner or management of a property in the City has not complied with the requirements of an established fire watch mandated by the Fire Marshal's Office, then the inspector shall issue a citation with the penalties stated in Section 50-4(k).

(5)

Fire protection system(s). If, upon inspection, a fire inspector finds that the automatic or manual fire protection system(s), fire detection system(s), and/or fire alarm system(s) have not been certified by a licensed contractor as required by the Florida Fire Prevention Code, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k).

(6)

Life safety building maintenance. If, upon inspection, a fire inspector finds that maintenance of life safety building features have not been properly performed, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k).

(7)

Flammable liquids/gas. If, upon inspection, a fire inspector finds improper use and storage of flammable liquids and/or flammable gases, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k).

(8)

Fire extinguishers. If, upon inspection, a fire inspector finds that the fire extinguishers are not properly certified, or fire extinguishers are not provided, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k).

(9)

Work without a permit. If, upon inspection, a fire inspector finds that construction work is being performed or work has been performed on a fire protection/life safety system without the proper permits, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k).

(10)

Fire alarm runner service agreement. If, upon inspection, a fire inspector finds that the owner or management fails to obtain and maintain the required fire alarm runner service agreement, then the fire inspector shall issue a citation with the penalties stated in Section 50-4(k).

(11)

Other violations. Any other violation of the Florida Fire Prevention Code may result in a citation with the penalties stated in Section 50-4(k).

(c)

"Offense" defined. For purposes of this section, "offense" shall mean a notice of violation, or citation. A person may receive a separate notice of violation, or citation, once every hour if a violation has occurred any time within that period. Each notice of violation, or citation, shall constitute a separate offense for which a separate fine may be imposed.

(d)

Options upon issuance of a citation. A violator who has been issued a citation shall elect either to:

(1)

Pay the civil fine in the manner indicated on the citation; or

(2)

Request an administrative hearing before a special master to appeal the decision of the fire inspector which resulted in the issuance of the citation.

(e)

Appeal of a citation. The violator may appeal the citation by requesting an administrative hearing within ten days from the date of issuance. The procedures for appeal of the citation shall be as set forth in Chapter 30, as may be amended from time to time. The appeal hearing must be heard no later than 120 days from the date the appeal was filed. The Special Master shall not have discretion to alter the prescribed penalties under Section 50-4(k)(1)—(3). Appeal of the Fire Marshal's code interpretation shall be filed with the Miami-Dade County Fire Safety and Prevention Board of Appeals.

(f)

Failure to appeal. Failure of the named violator to appeal the citation within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the citation, and fines are owed to the City. Unpaid fines may result in the imposition of larger fines and/or further enforcement as set forth in this section.

(g)

Appeal of special master's decision. Any party aggrieved by the decision of a special master may appeal that decision as provided by applicable Florida Statutes and Florida Rules of Appellate Procedure.

(h)

Imposition of civil fines. The City may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator, and it may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the filing of any such lien which remains unpaid, the City may institute proceedings to foreclose or otherwise execute on the lien.

(i)

Cease and desist orders. The Fire Marshal of the City of Miami Beach has the authority to issue cease and desist orders as provided by F.S. 633.161 and the Florida Fire Prevention Code to mitigate any fire hazard or any violation posing an imminent danger to occupants. If the violator fails to comply with the Cease and Desist Order, then the violator shall receive a citation of $5,000.00 for each offense. Any person who fails to comply with the Cease and Desist Order is guilty of a misdemeanor punishable as provided in F.S. 633.171.

(j)

Suspension or revocation of certificate of use and annual fire safety permit. As an alternative or additional means of enforcement, the City may institute proceedings to suspend or revoke the Certificate of Use and Annual Fire Safety Permit pursuant to Chapter 102, Article V. The suspension of the Certificate of Use and Annual Fire Safety Permit constitutes the closure of the establishment and no occupancy for the period determined. Additionally, the City may seek injunctive relief as set forth in Section 46-158. Furthermore, in cases of recurring violations, the fire inspector may issue a notice of violation for prosecution before the Special Master as provided in Chapter 30. For citations involving serious danger to the public health, safety or welfare as stated in this section, the suspension of the Certificate of Use and Annual Fire Safety Permit shall be as stated in Section 50-4(k)(3).

(k)

Penalties and fines. The following civil fines and penalties shall be imposed for citations issued under this section.

(1)

Locked exits.

a.

Assembly occupancies: First offense within a 12-month period, fine shall be $1,000.00; second offense within a 12-month period, fine shall be $2,500.00; third and subsequent offenses within a 12-month period, fine shall be $5,000.00.

b.

For other occupancies, the fines shall be as follows: First offense within a 12-month period, fine shall be $750.00; second offense within a 12-month period, fine shall be $1,000.00; third and subsequent offenses within a 12-month period, fine shall be $1,250.00.

(2)

Blocked, or impeded exits. First offense within a 12-month period, fine shall be $500.00; second offense within a 12-month period, fine shall be $750.00; third offense and subsequent offenses within a 12-month period, fine shall be $1,000.00.

(3)

Overcrowding.

a.

Minor overcrowding citation: First offense within a 12-month period, fine shall be $1,000.00; second offense within a 12-month period, fine shall be $2,000.00; third offense and subsequent offenses within a 12-month period, fine shall be $3,000.00;

b.

Severe overcrowding citation: first offense within a 12-month period, fine shall be $2,500.00; second offense within a 12-month period, fine shall be $5,000.00: third and subsequent offenses within a 12-month period, fine shall be $7,500.00.

c.

After two severe overcrowding citations within a 12-month period, the suspension of the Certificate of Use and Annual Fire Safety Permit shall be for 14 consecutive days. After three severe overcrowding citations within a 12-month period, the suspension of the Certificate of Use and Annual Fire Safety Permit shall be for 30 days.

d.

After three minor overcrowding citations within a 12-month period, the suspension of the Certificate of Use and Annual Fire Safety Permit shall be for seven consecutive days. After four minor overcrowding citations or combination of minor and severe citations, the suspension of the Certificate of Use and Annual Fire Safety Permit shall be for 14 days. After five minor overcrowding citations, or combination of minor and severe citations, the suspension of the Certificate of Use and Annual Fire Safety Permit shall be for 30 days.

e.

After four severe overcrowding citations, or after six minor overcrowding citations, or combination of minor and severe citations, within a 12-month period, the Certificate of Use and Annual Fire Safety Permit shall be revoked.

(4)

Fire watch. Fine shall be $500.00 for each offense.

(5)

Fire protection system(s). Fine shall be $250.00 for each system for each offense.

(6)

Life safety building maintenance. Fine shall be $50.00 for each offense.

(7)

Flammable liquids/gas. Fine shall be $100.00 for each offense.

(8)

Fire extinguishers. Fine shall be $25.00 for each offense.

(9)

Work without a permit. Fine shall be $200.00 for each offense.

(10)

Fire alarm runner service agreement. Fine shall be $75.00 for each offense.

(11)

Other violations. Fine shall be $100.00 for each offense.

(Ord. No. 2015-3980, § 3, 12-9-15, eff. 4-1-16)