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RANDOM ENFORCEMENT
BY DAVID ARTHUR WALTERS
PREFACE I have been disappointed by the performance of the Miami Beach code enforcement officers for several years. For example, in March 2012, a man with a big dog was once again not picking up his dogs waste from the middle of the sidewalk on 8th Street near Euclid Avenue. I gave him a holler and he gave me the finger, and turned into the alley. I looked down the alley when I arrived there, but the man had gone into one of the apartment buildings. However, a code enforcement officer was there. He had gotten out of his city vehicle and was chatting up two girls in their SUV. I interrupted him, and asked him if he had ever given someone a ticket for dog waste in the neighborhood. Never, not around here, he said. Well, the guy who just came down the alley allows his dog to crap in the middle of the sidewalk near the corner every day. Why dont you give him a ticket? You have to call us when you see someone doing that. Right, and do you think he is going to wait around for a half hour, maybe more, until one of you guys show up? You can follow him, see where he lives.
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ABOMINABLE COCA COLA UMBRELLAS The citys Code Enforcement chapter, as set forth in Sec. 30.1 (a), states: It is the intent of this chapter to promote, protect and improve the health, safety and welfare of the citizens of the city and to provide an equitable, expeditious, effective and inexpensive method of enforcing codes and ordinances in force in the city where a pending or repeat violation exists or is enacted pursuant to the authority of F.S. Ch. 162. (Underlining supplied) Other than the prohibition of noisy marketing, such as playing loud music to attract attention, the standards are esoteric, generally unknown to the public at large, and unevenly enforced. For example, who knows that the umbrellas popping up on sidewalk cafes in South Beach with the Coca Cola name or symbolic bottle on them are contrary to the display standards? These little restaurants, the pizzerias, taquerias and the like, are having a hard time paying the rent lately, so the Coca Cola guy goes around and offers free umbrellas to put on their sidewalk cafes no doubt a few newcomers are not even aware of the fact that they are supposed to have permission to seat customers on the right-of-way. What is wrong with the Coca Cola brand? After all, we have seen the umbrellas with the Amstel name and bottle on them for years and thought nothing of them. Here is the pertinent section of the Code hardly anyone is familiar with: Sec 82-385 Minimum standards, criteria, and conditions for the operation of sidewalk cafes. (q) No food displays shall be permitted on the public right-of-way. No advertizing signs or business identification signs shall be permitted on the public right-of-way except that the restaurant name and/or its logo may be permitted on umbrellas but such logos and/or lettering may not exceed six inches in height. We have seen that the objective for having such ordinances in the first place is explicitly stated: to promote, protect and improve the safety and welfare of the citizens. Theoretically, since there is no definite end to the welfare of citizens, the sovereignty of the authority delegated to ensure it is likewise unlimited. As for signage, it is not that soft drinks and beer is unsafe for public consumption hence contrary to public safety, but rather that, if the authority allowed businesses to use their sidewalk cafes as advertising space and/or to advertise the restaurant itself in huge letters on its umbrellas, the streets would be littered with unsightly clutter. That might disturb the esthetic sensibility of the citizenry, hence be contrary to their welfare. Besides, the city would not be getting a piece of the advertising action.
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Miami Beach Ordinances provide that awning lettering may occupy no more than 20 percent of the awning and be no more than 8" in height.
I also sent two photos of beverage-advertising umbrella violations, across the street from the South Beach police station, to Lynn Bernstein, the city boss assistant who had coordinated the Las Olas Conference for him. The police and compliance authorities attending the Conference had constructively suggested that every citizen should pitch in and help them enforce the laws. Mr. Vasallo, always deferential to his boss, referred the photographic evidence of ordinance violations to Mr. Castell: This would be a complaint, said Mr. Castell in response to the photo of the oversized lettering on a sidewalk caf umbrella. Please use the procedure that I stated in the other email reference submitting a complaint. Just for your information, this can be checked by the code officer checking with Planning and Zoning to see if the business was issued approval for the lettering on the sidewalk caf umbrella. This ex-Marine has grown arrogant and lazy with his twenty-year tenure, is not willing to work for business people but only against them, I told myself in reaction to his message. Hes the so called Code Compliance Administrator, so why does he not take some initiative to get to the bottom of this? But his attitude dovetailed with that of the official who has dictatorial power over enforcement or lack of enforcement of the Code, Boss Gonzalez himself. Indeed, the city manager has publicly scoffed at Miami Beachs 90,000 residents who think they are his boss. He said he liked the job he had held for ten years, and therefore he intends to stay in Miami Beach. Furthermore, he suggested that people who are unhappy by implication with his policies should move. Well, we have seen the ordinance laying down the law on the height of umbrella lettering: six inches. Mr. Castell left me wondering if the city manager, whose approval is acquired for all
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Rustica seating on corner under umbrella endangers customers, impedes fire department. Miami Beach Ordinances mandate 5' corner & crosswalk leeway, and maximum umbrella letter height of 6"
From: David Arthur Walters Date: Tue, Jul 27, 2010 at 10:29 AM Subject: Photographic Evidence To: Jorge Gonzalez City Manager CITY OF MIAMI BEACH Dear City Manager: Below you may find several links to a few photographs of what may be violations of the Ordinances of the City of Miami Beach, Florida; that is, if I understand those ordinances correctly. If my understanding is correct and they indeed are contrary to the letter of the law, they nevertheless may be variations that you as City Manager have approved for permitting, perhaps for a fee or for reasons unknown - Appendix A of the Ordinances do not seem to include a full tally of permit fees, nor has anyone I have contacted been willing and/or able to provide me with an explanation of what is going on. George Castell, who has received photographs of the alleged violations, informed me via email that the oversized lettering on the GROOVY sidewalk umbrella, for example, might have been permitted via the site plan, but he would not bother inquiring into it himself, and said he would not prosecute violations of the Ordinances unless specific complaints were filed via a telephone call to his office (where one is often put on hold and then transferred to voice mail if voice mail is working) or via the filing of a complaint on the City website.
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In other words, photographic evidence of violations, and, it follows, the actual sight of a violation by your compliance administration, would not cause your administration to enforce the laws without prejudice. A couple of umbrella violations, however, were prosecuted on internal complaints, which has led to a suspicion of selective enforcement and perhaps religious discrimination on the part of Code Compliance Division hence yourself since you are ultimately responsible for enforcement.
Ordinances provide that umbrellas may not be hooked together so as to make one tent; and letters thereon must be no more than 6" in height.
My intention is not to file complaints against businesses that may be in violation of the Code if my understanding of the Code is correct and if you have not provided for variances. My complaint is against you, personally and in your official capacity, for intentional uneven enforcement of the laws of this city, or gross negligence if the laws are enforced on a random, irrational basis. I have indications in other areas of concern, such as your management of the Parks Department and the Finance Department, in relation to the city contractor, Green Square Inc, that mismanagement and/or malfeasance is the case. Very truly yours,
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