Code Enforcement Process
The following is a general description of processes and documents involved in the enforcement of various codes and ordinances. This process is in accordance with Chapter 14 of the City of Sunny Isles Beach Code of Ordinances. the following does not describe alternative methods and procedures that may be used in enforcement of various codes and ordinances.
Registering a Complaint
As of July 1, 2021, Code Compliance Officers in Florida can no longer investigate anonymous complaints. Under the new Florida law, all tipsters making a complaint must leave at minimum their name and address, otherwise, code compliance departments can not investigate. Officers still have the authority to investigate anonymous complaints they deem to be an "imminent threat to public health, safety or welfare, or imminent destruction of habitat or sensitive resources."
Online - Online complaints can be submitted by clicking the "Report a Code Violation" link on the Code Compliance section of the city website or through the My Sunny Isles Beach mobile app. This will allow you to enter the details of your complaint and provide essential information for a follow-up investigation.
In-progress Violations - An "in-progress" code violation such as noise, illegal lane closures, etc., may be called in directly to our complaint line at 305.792.1760. Please provide your name, number and/or email address, along with the details of your complaint.
Inspection Process
Once a violation is detected by a Code Compliance Officer or submitted by a citizen, a property inspection is then completed. The Code Compliance Officer inspects the subject property for visible violations, attempts to make contact with an owner or tenant, and will conduct a property search through the Miami-Dade County Property's appraiser's website to identify the owner of the record.
Enforcement Processes
The City of Sunny Isles Beach generally practices an escalating enforcement process unless the violation is so severe that it impact the public's safety, health, or welfare.
Verbal Warning/Courtesy Notice - Depending on the severity of a violation, the code enforcement process could begin with a conversation with an owner or tenant regarding the violation, method for compliance, as well as a reasonable time frame to comply. A courtesy notice may also be left with the owner or tenant, or posted on the property should immediate contact not be possible. If the violation is corrected and not repeated, no further action will be required.
Warning Notice of Violation - If the property does not come into compliance by the required date and the owner of record has not contacted the Code Compliance Officer, a Warning Notice of Violation is mailed by both regular and certified mail and/or may be posted on the subject property. A reasonable compliance date will be provided to correct the violation. The owner of record is responsible to inform the assigned Code Compliance Officer that compliance has been achieved so that the property may be re-inspected and the case disposition updated.
A hearing before a Special Magistrate is held to determine if, in fact a violation(s) on the subject property exists, a period of time for which to come into compliance, and a potential daily fine for continued non-compliance beyond the compliance date given. Both the City and the alleged violator present their case. All testimony is taken under oath. Formal rules of evidence do not apply, but fundamental due process shall be observed. The Special Magistrate will make a finding of fact as to notification and due process, a conclusion of law as to the violation(s) and issue an Order specifying a compliance date and a potential daily fine for continued non-compliance beyond the compliance date given. The finding or Order is later reduced to a writing-Order of Enforcement, signed by the Magistrate and sent via certified mail to the violator-owner of record.
During the Special Magistrate Hearing, the owner or legal representative of record may request an extension to comply. A reasonable time to comply may be granted dependent upon the circumstances. The owner of record is responsible to inform the Code Compliance Officer/City that compliance has been achieved, so that the property may be re-inspected and the case disposition updated.