Code Enforcement and You
The Code Enforcement Section at a Glance
By Robert C. Solera, Community Development Director

Mission

The Code Enforcement Section of the Community Development Department continues to apply community oriented enforcement programs. We deliver comprehensive code enforcement programs that incorporate the most current enforcement methods and techniques while maintaining a community service oriented approach.

In the long-term this is a more effective approach that focuses on gaining voluntary compliance. This does not mean that our citizens are immune from notices of violations and civil penalties, but it means that warnings and fines are merely tools or a means to obtain compliance with the City codes.

Our goal is to educate and assist our present and future residents through the effective and fair application of our City codes and ordinances. We are committed to the delivery of quality service to our community. As a whole our mission statement is as follows:

“The Code Enforcement Section of the Community Development Department is dedicated to the education and assistance of our citizens through the effective application of modern Code Enforcement programs; applied to protect the community’s health, safety and welfare so that, in cooperation, we may improve the quality of life within our City.”

Code Enforcement

This is advanced professional public service work involving the protection of the health, safety, and welfare of the community through the implementation, application, and administration of effective investigation and enforcement of a variety of City of Sunny Isles Beach code regulations & ordinances including occupational license tax collection.

As a Department we are responsible for the implementation, application, and administration of the City’s enforcement and licensing programs. As the Code Enforcement Section, we focus on the effective application of current code enforcement and licensing methodologies including the effective delivery of services to the public and the development of appropriate strategies to resolve related community issues.

• Enforcement of all applicable City Ordinances and Dade County Codes as adopted and/or amended.
• Recommendation and drafting of legislation designed to enhance service delivery.
• Issuance of Civil Violation Notices and collection of associated penalties.
• Lien Search Requests.

The Code Enforcement Section routinely interacts with all other City Departments as we administer our enforcement methods in dealing with: Zoning issues, Building Code issues, Public safety and nuisance’s issues, Minimum Housing, property Maintenance issues and a host of other enforcement disciplines and administrative issues.

There are several methods used to identify and enforce against code violations. The City of Sunny Isles Beach uses a community-oriented method that focuses on gaining compliance. There are other methods that are not so user friendly including the revenue method and the bureaucratic method and a combination thereof.

Community Oriented Method

Proactive Code Enforcement activity decreases the number of penalties and fines that the City may otherwise levy. Combining this activity, with good communication, dissemination of information, due process, and intermediate levels of enforcement; produces a Community Oriented Method of code enforcement. Utilizing this Community Oriented Method reduces and/or eliminates recidivism or recurrence of violations through the systematic re-education the community.

Florida Statute 162 (overview)

Entitled “County or Municipal Code Enforcement” authorizes the creation of local administrativeboards with the authority to impose administrative fines and other non-criminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities. It is the intent of the legislature to promote and protect and improve the health, safety, and welfare of the citizens of counties and municipalities through the creation and implementation of these local boards.

Part I Section 162.05 establishes Local Government Code Enforcement Boards and their organization. Part I also creates enforcement procedures, hearing guidelines, powers of enforcement boards, administrative fines; costs and liens, provisions for appeals and issuance of notices.

Part II section 162.21 establishes Supplemental County or Municipality Code or Ordinance Enforcement Procedures. This section creates guidelines for penalties, enforcement methods, and notices to appear.

All the provisions of the act are supplemental (section 162.13). Essentially, the Act establishes minimum guidelines that are to be adhered to but the State also grants the County or Municipality the authority to enforce its codes by any other lawful means.

The promulgation of State Statute 162 was driven by the need for home rule in conjunction with the need to alleviate the burden placed on the local court system due to the administration of these primarily civil infractions. The intent of the legislature was to “decriminalize” these infractions and to compel and hold local authorities accountable for the fair and equitable resolution code violations. Therefore the purpose of any code enforcement agency should be to provide non-judicial solutions for their citizens for any violations of the local code.

Organization

Meet your Code Enforcement Officer John Rohe. He has been certified by the Florida Association of Code Enforcement. He is available for questions at 305.792.1705.

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