BIE - MAINTAIN HISTORIC CHARACTER (11/27/2024)M IA M I BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter,City Manager %JA),,~/L /!=-.C'.
MEETING DATE:December 11,2024
SUBJECT:BUSINESS IMPACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AMENDING CHAPTER 58 OF THE MIAMI BEACH CITY CODE,ENTITLED
"HOUSING,"BY AMENDING ARTICLE Ill,ENTITLED "PROPERTY MAINTENANCE
STANDARDS,"BY AMENDING SECTION 58-298 THEREOF TO REQUIRE PROPERTY
OWNERS OF COMMERCIAL,HISTORICALLY DESIGNATED BUILDINGS IN THE ART DECO
CULTURAL DISTRICT TO MAINTAIN THE HISTORIC CHARACTER BY PROMPTLY
ADDRESSING EXTERIOR MAINTENANCE,UNAPPROVED SIGNAGE OR AWNINGS,AND
OTHER VISUAL BLIGHT VIOLATIONS;AND,PROVIDING FOR REPEALER,SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
Yes □No (If no,please check one of the boxes below)
If one or more boxes are checked below,this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;□The proposed Ordinance relates to the issuance or refinancing of debt;□The proposed Ordinance relates to the adoption of budgets or budget
amendments,including revenue sources necessary to fund the budget;□The proposed Ordinance is required to implement a contract or an agreement,
including,but not limited to,any Federal,State,local,or private grant or other
financial assistance accepted by the City;□The proposed Ordinance is an emergency ordinance;□The Ordinance relates to procurement;or□The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land
development regulation amendments;
b.Development orders,development permits,and development agreements;
c.Sections 190.005 and 190.046,Florida Statutes,regarding community
development districts;
d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page 2
If none of the above exceptions apply,this Business Impact Estimate is hereby provided
in accordance with Section 166.041 (4),Florida Statutes.
1.A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance,as well as in the recitals to the
Ordinance itself,which are attached hereto
2.This Ordinance reinforces the maintenance responsibilities of owners of commercial
historically designated properties,ensuring the preservation of historic character by
addressing exterior maintenance issues,unapproved or conflicting signage,and other
violations contributing to visual blight.While these obligations already exist under the City
Code,the Ordinance introduces stricter enforcement measures to ensure efficient and
timely compliance,including automatic fines of $500 for first violations,with a 30-day
window for correction.Continued non-compliance will result in penalties to $1,000 per
day after a timeframe determined by the City's special magistrate.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
14.Additional comments:None.
Ordinances -R5 AM
M IAM I BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:
TITLE:
November 20,2024 First Reading
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 58 OF THE MIAMI BEACH CITY
CODE,ENTITLED "HOUSING,"BY AMENDING ARTICLE Ill,ENTITLED
"PROPERTY MAINTENANCE STANDARDS,"BY AMENDING SECTION 58-298
THEREOF TO REQUIRE PROPERTY OWNERS OF COMMERCIAL,
HISTORICALLY DESIGNATED BUILDINGS IN THE ART DECO CULTURAL
DISTRICT TO MAINTAIN THE HISTORIC CHARACTER BY PROMPTLY
ADDRESSING EXTERIOR MAINTENANCE,UNAPPROVED SIGNAGE OR
AWNINGS,AND OTHER VISUAL BLIGHT VIOLATIONS;AND,PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Ordinance was prepared at the request of Commissioner Kristen Rosen Gonzalez.
The Art Deco Cultural District (ADCD)is one of Miami Beach's most iconic and internationally
recognized neighborhoods,drawing visitors worldwide and contributing significantly to the City's
cultural identity and tourism economy.Home to a unique collection of historic buildings,the ADCD
embodies the distinctive architectural styles that have made Miami Beach a global landmark in
Art Deco design.
The visual appeal and historic integrity of buildings within the ADCD are essential to preserving
the District's charm,vibrancy,and allure as a cultural and tourism destination.Chapter 58 of the
Miami Beach City Code currently outlines minimum maintenance standards for buildings within
the City,including provisions that ensure the preservation of a building's aesthetic appeal and
prevent visual blight.
However,exterior degradation,neglect,and unsightly conditions detract from the visual cohesion
of the ADCD and reduce the quality of experience for both residents and visitors.Prioritizing the
upkeep of historical features within the ADCD and enforcing penalties for visual blight violations
will enhance the area's aesthetic appeal and support the long-term preservation of the District's
unique character.
To meet these objectives,the sponsor of this Ordinance proposes amending Chapter 58 to
require property owners of commercial,historically designated buildings in the ADCD to maintain
the historic character of their buildings.This includes promptly addressing issues related to
exterior maintenance,unauthorized signage or awnings,and other visual blight violations.
Properties currently undergoing a recertification process will be exempt from these requirements.
A first violation of the Ordinance will result in an automatic $500 fine,with 30 days allowed for
correction.Failure to correct will lead to the enforcement procedures before the special magistrate
as set forth in chapter 30 of the City Code,who will set a deadline for compliance.If the violation
continues past this deadline,a daily penalty of $1,000 will apply.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know''item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O.Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Kristen Rosen Gonzalez
Co-sponsor(s)
Condensed Title
ORDINANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 58 OF THE
MIAMI BEACH CITY CODE,ENTITLED "HOUSING,"BY AMENDING
ARTICLE Ill,ENTITLED "PROPERTY MAINTENANCE STANDARDS,"
BY AMENDING SECTION 58-298 THEREOF TO REQUIRE PROPERTY
OWNERS OF COMMERCIAL,HISTORICALLY DESIGNATED
BUILDINGS IN THE ART DECO CULTURA L DISTRICT TO MAINTAIN
THE HISTORIC CHARA CTER BY PROMPTLY ADDRESSING
EXTERIOR MAINTENANCE,UNAPPROVED SIGNAGE OR AWNINGS,
AND OTHER VISUAL BLIGHT VIOLATIONS;AND,PROVIDING FOR
REPEALER,SEVERA BILITY,CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS,the Art Deco Cultural District (the "ADCD"or the "District")is one of
Miami Beach's most iconic and internationally recognized neighborhoods,attracting
visitors from around the world and playing a vital role in the City's cultural identity and
tourism economy;and
WHEREAS,the ADCD is home to a unique collection of historic buildings,many
of which embody the distinctive architectural styles that have made Miami Beach a global
landmark in art deco design;and
WHEREAS,the visual appeal and historic integrity of the buildings within the
ADCD are central to maintaining the District's charm,vibrancy,and overall allure as a
cultural and tourism destination;and
WHEREAS,Chapter 58 of the Miami Beach City Code outlines the minimum
maintenance standards for buildings within the City,which includes requirements that
ensure the preservation of a building's aesthetic appeal and prevent visual blight;and
WHEREAS,the Mayor and City Commission recognize that exterior degradation,
neglect,or unsightly conditions,detract from the visual cohesion of the Art Deco Cultural
District and ultimately diminish the experience for residents and visitors alike;and
WHEREAS,the Mayor and City Commission believe that prioritizing the upkeep
of historical features of the ADCD,and the enforcement,and prosecution of violations
that create visual blight in the ADCD will improve the area's aesthetic appeal and
contribute to the long-term preservation of the District's charm and beauty;and
WHEREAS,with these objectives in mind,the Mayor and City Commission wish
to amend Chapter 58 to require property owners of commercial,historically designated
buildings in the Art Deco Cultural District to maintain the historic character by promptly
addressing exterior maintenance,unapproved signage or awnings,and other visual blight
violations,with the exception of properties undergoing a recertification process.
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA.
SECTION 1.Article Ill of Chapter 58 of the City Code,entitled "Property Maintenance
Standards"is hereby amended as follows:
Chapter 58
HOUSING
***
ARTICLE Ill.PROPERTY MAINTENANCE STANDARDS
***
DIVISION 2.ADMINISTRATION
Subdivision I.Generally
Sec.58-201.Penalty for violation of article;remedial enforcement procedures.
(a)It shall be unlawful for any person to fail to comply with the minimum standards
established by this article,or to fail or refuse to comply with the requirements of any
final order issued in accordance with the provisions of this article.If any person shall
knowingly fail or refuse to obey or comply with or willfully violates any of the
provisions of this article,or any lawful final order issued under this article,such
person shall be subject to enforcement procedures before the special magistrate and
to penalties as set forth in chapter 30 of this Code.
(b)As a cumulative and supplemental method of enforcing the remedial purposes of this
article,the code inspector is authorized,empowered and directed,in the event of a
willful and intentional failure or refusal to obey or comply with the requirements of
any final order issued in accordance with the provisions of this article ten days after
date of receipt of such notice,to carry out or cause to be carried out the provisions
of such final order.Bids may be requested for the work and material as a whole or
for any part thereof,separately.The code inspector shall have the right to reject any
or all bids;and if all bids are rejected,the code inspector may readvertise for all or
part of such work and materials,or may determine to do all or a part of the work by
city forces.After a contract shall have been entered into for any work or materials
required for compliance,or if the work or materials are performed or furnished by city
forces,the code inspector shall prepare an appropriate claim of lien which shall set
forth the following:
(1)A description of the lots and parcels of land involved;
(2)The name of the owner of each lot or parcel where such can be ascertained from
the city records;
(3)The total cost of the work and materials which,if made by contract,shall be the
price named in the contract;or the price computed from unit prices named in the
contract,taking into consideration minor changes and alterations found
necessary;but if city forces shall do the work or furnish the material,the actual
cost of such work or material;and
(4)The amount of incidental expenses,estimated or actual.
Such claim of existing lien or lien imposed later shall thereupon be filed of record in the
public records of the county and shall be treated as special assessment liens against the
subject real property,and until fully paid and discharged,shall remain liens equal in rank
and dignity with the lien of ad valorem taxes,and shall be superior in rank and dignity to
all other liens,encumbrances,titles and claims in,to or against the real property involved.
The maximum rate of interest allowable by law shall accrue to such delinquent accounts.
Such liens shall be enforced by any of the methods provided in F.S.ch.86;or,in the
alternative,foreclosure proceedings may be instituted and prosecuted under the
provisions applicable to practice,pleading and procedure for the foreclosure of mortgages
on real estate set forth in Florida Statutes,or may be foreclosed per F.S.ch.173,or the
collection and enforcement of payment thereof may be accomplished by any other
method authorized by law.The owner and/or operator shall pay all costs of collection,
including reasonable attorney fees,incurred in the collection of fees,service charges,
penalties and liens imposed by virtue of this article.
Sec.58-202.When notice of violation or emergency order constitutes final order.
Any notice of violation provided for in section 58-231 shall automatically become a
final order in the event that no appeal from the notice of violation is filed with the special
magistrate within ten days after the date of service of the notice of violation,other than
emergency orders,as set forth in section 58-232.Any emergency order provided for in
section 58-232 shall automatically become a final order if no appeal from the emergency
order is filed with the special magistrate within 24 hours after the date of service of the
emergency order,exclusive of the date of service and intervening Saturdays,Sundays
and legal holidays,if any.Orders of the special magistrate affirming or modifying any
action or decision of the code inspector shall be recorded in the office of the clerk of the
circuit court,so as to afford constructive notice to prospective purchasers of the real
property involved,of the nature and extent of the violation involved,and the requirements
for the correction thereof.Such recording shall be made following the expiration of the
time given to the appellant for the correction of the violations specified,or any extension
thereof granted by the special magistrate.The costs of the recording of the order and
satisfaction thereof shall be borne by the legal or beneficial owner of the premises
involved.
DIVISION 3.MINIMUM STANDARDS
***
Sec.58-298.Responsibilities of owners and occupants.
(a)All buildings,vacant or occupied,shall comply with the requirements of subsections
(b)-(o)of this section.
(b)Every building shall be clean,sanitary and fit for occupancy.
(c)Every occupant of a building shall keep in a clean and sanitary condition that part of
the building and premises he occupies and controls,including yards,lawns,courts
and driveways.
(d)Every owner of a building containing three or more units shall be responsible for
maintaining in a clean and sanitary condition the shared or public areas of the
building and premises.
(e)Exterior premises shall be kept free from the excessive growth of weeds,grass and
other flora.The term "excessive"shall be interpreted as detrimental to the health,
safety or welfare of the occupants or the public.
(f)Every occupant of a building shall keep all plumbing fixtures,sanitary facilities,
appliances and equipment in that building in a clean and sanitary condition and shall
exercise reasonable care in the proper use and operation thereof.
(g)Every occupant of a building shall dispose of rubbish,garbage and other waste
materials in an approved sanitary manner.Garbage shall be placed in the garbage
disposal facilities or storage containers required in section 58-291(g).
(h)Every occupant of a building containing a single dwelling on any premises shall be
responsible for the extermination of any insects,rodents,vermin or other pests in the
building or on the premises;however,the extermination of termites,and other insects
that destroy the structure of the building,shall be the sole responsibility of the owner.
If there is more than one unit in a building,whether owned by individual or multiple
owners,including condominiums,co-operatives,townhouses,duplexes and similar
structures,the owner shall be responsible for the extermination of all insects,
termites,and other insects that destroy the structure of the building,rodents or other
pests in the building or on the premises,including public spaces of the building and
outside premises.The exterminator shall be permitted reasonable access to any
building during daylight hours,except for fumigation and like work for extermination
of structural infestation,in which case access for a reasonable amount of time
necessary for such work shall be permitted by the occupant and owner.The owner
shall be responsible for adequate substitute sleeping facilities of all occupants during
the period of extermination for termites or structural infestation.
(i)Every owner of a building shall,before renting or subletting to another occupant,
provide approved door and window screens whenever such screens are required
under the provisions of this article,and shall repair or replace them when necessary.
(j)Every owner shall grade and maintain the exterior premises so as to prevent the
accumulation of stagnant water on the premises.
(k)Animals and pets shall not be kept in any dwelling or on any premises in such manner
as to create unsanitary conditions or constitute a nuisance.
(I)Where a refrigerator,stove or air conditioner,whether individual units or central air
conditioning,is supplied by the owner,it shall be the duty and responsibility of such
owner to maintain each in good and proper working order.Where central air
conditioning is provided and not individually controlled by thermostat,it shall be the
duty and responsibility of the owner to operate the same continuously,maintaining a
continual temperature range between 70 and 76 degrees based on normal outside
temperature and humidity factors,on a 24-hour basis,except for minimal shutdown
periods required for reasonable maintenance and repair.Where air conditioning is
provided and individually controlled by thermostat,it shall be the duty and
responsibility of the owner to maintain such units so as to be capable of maintaining
a continual temperature range between 70 and 76 degrees on a 24-hour basis.The
owner or operator of a commercial building shall be required to operate central air
conditioning only during normal business hours.
(m)Every owner or owner's agent of a building that has rental units shall post a sign in a
conspicuous place,inside the vestibule or lobby of the building,indicating the names,
addresses and telephone numbers,local and foreign,of the owner or manager;but
this subsection shall not apply where there is a resident agent on the premises.Every
owner who does not maintain his principal residence within the county shall be
required to designate,in writing,to the city manager's designee some legally
competent person who shall be designated as the owner's agent and who shall reside
within the county.Such person shall be authorized by the owner to accept notices of
violation,process and other communications relating to the enforcement of this
article.The owner shall obtain the acceptance of such designation from the person
so designated in writing and file it with the city manager's designee at the time the
designation is filed.If the designated agent resigns,retires,is terminated or the
agency relationship is otherwise terminated,the owner shall appoint another agent.
The code inspector is authorized and directed to prescribe a form for the purpose of
implementing this subsection.The information to be provided on the form shall
include the name and residence address and telephone number of the owner and
designated agent,the address of the building,and the designated agent's work
address and telephone.The form shall be required to be acknowledged before a
notary or other person authorized by law to take oaths.
(n)Every owner of a building shall be responsible for removing unauthorized signs,
posters and graffiti from the building's exterior;those signs authorized or exempted
by the city zoning ordinance are exempted from this subsection.
(o)Every tenant shall provide reasonable access to repairmen or other services required
to rectify violations provided the landlord's representative or the tenant is on the
premises.
(p)Every owner or landlord of a dwelling shall be responsible for any violation of the
occupancy level standards set forth in subsection (b).
(q)Subsections (b),(f),(i),(j)and (0)of this section shall not apply to boarded buildings.
(r)Every owner of a commercial,historically designated building in the city's Art Deco
Cultural District,with the exception of those currently undergoing a recertification
process,shall ensure that the building's historic character is properly maintained by
promptly addressing:(a)exterior maintenance issues such as peeling paint,
neglected facades,and dilapidated architectural features;(b)the presence of
signage,awnings,or other elements that conflict with the historic character of the
District and have not been properly approved by any applicable land use board
and/or the Planning Department;and (c)any other violations of this article that
contribute to visual blight.First violation of this subsection will result in an automatic
fine in the amount of $500.00.The violation shall be cured within thirty (30)days of
the issuance of the violation,and failure to cure will subject the violator to the
enforcement procedures before the special magistrate as set forth in chapter 30 of
the City Code.The special magistrate shall determine a reasonable time period within
which correction of the violation must be made,and,if correction is not made within
the period set by the special magistrate,the violation will be treated as a continuing
violation,and the additional penalty for each day of continued violation shall be
$1,000.
SECTION 2.REPEALER.
***
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith are hereby repealed.
SECTION 3.CODIFICATION.
It is the intention of the City Commission,and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended;that the sections of this ordinance may be renumbered or relettered to
accomplish such intention;and that the word "ordinance"may be changed to "section"or
other appropriate word.
SECTION 4.SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity.
SECTION 5.EFFECTIVE DA TE.
This Ordinance shall take effect ten days following adoption.
This Ordinance shall take effect on the day of ,2024.
PASSED AND ADOPTED this day of2024.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
(sponsored by Commissioner Kristen Rosen Gonzalez)
APPROVED AS TO
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