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98-3110 ORD ORDINANCE NO.: 98-3110 AN ORDINANCE AMENDING CHAPTER 17B OF THE CITY CODE ENTITLED "PROPERTY MAINTENANCE STANDARDS", AMENDING SECTION 17B-13 ENTITLED "POWER TO ACT IN EMERGENCIES; EMERGENCY ORDER," BY EXPANDING THE CONDmONS FOR EMERGENCY ACTION, BY AMENDING SECTION 17B-18 ENTITLED "PENALTY FOR VIOLATIONS OF CHAPTER; REMEDIAL ENFORCEMENT PROCEDURES" BY SUBSTITUTING THE SPECIAL MASTER FOR THE CODE ENFORCEMENT BOARD; BY CREATING SECTION 17B-18(a) ENTITLED "CRIMINAL PENALTIES" BY ESTABLISHING CRIMINAL PENALTIES FOR VIOLATION OF THE CHAPTER OR FAILURE TO COMPLY THEREWITH; BY AMENDING SECTION 17B-21 ENTITLED "BASIC EQUIPMENT, FACILITIES AND UTILITIES" BY ADDING SECTION (i), REQUIRING THAT ALL BEDROOMS SHALL BE HEATED AND AIR CONDITIONED, BY AMENDING SECTION 17B-23 ENTITLED "SAFE AND SANITARY MAINTENANCE OF STRUCTURE AND FACILITIES" BY ELIMINATING THE WORD "REASONABLY"; BY AMENDING SECTION 17B-28, ENTITLED "RESPONSIBILITIES OF OWNER AND OCCUPANTS" TO PROVIDE FOR ADDITIONAL RESPONSIBILITIES OF OWNERS AND LANDLORDS OF DWELLINGS WITH REGARD ENSURING COMPLIANCE WITH OCCUPANCY LEVEL STANDARDS SET FORTH IN SECTION 17B-24(a), BY AMENDING SECTION 17B-29 ENTITLED "RESPONSIBILITIES OF OWNER OF VACANT BUILDINGS, VACANT STRUCTURES AND VACANT OR UNIMPROVED LOTS" BY ELIMINATING THE WORD "REASONABLY"; PROVIDING FOR CODIFICATION, SEVERABILITY, REPEALING ALL ORDINANCES IN CONFLICT THEREWITH AND PROVIDING FOR AN EFFECTIVE DATE". WHEREAS, Chapter 17B of the Miami Beach City Code ("City Code") sets forth property maintenance standards and regulations for the City of Miami Beach; and WHEREAS, in order to strengthen the ability to take emergency action under Section 17B- 13 of the City Code, the City Commission deems it in the interest of public health, safety, and welfare to expand the conditions when emergency action may be taken; and WHEREAS, the Miami Beach Code Enforcement Board, which heard all cases concerning violations of Chapter 17B, has been abolished and replaced by a Special Master procedure, thereby necessitating a correction to Section 17B-18 of the City Code to reflect this change; and WHEREAS, once a case is heard before the Special Master and a daily fine has been accruing on the property and compliance has not been achieved, further enforcement is needed; and WHEREAS, the creation of Section 17B-18( a) is established to provide for criminal penalties, thereby providing for further enforcement action; and WHEREAS, all Adult Congregate Living Facilities under the City Code are required to provide air conditioning and heat, the City Commission deems it necessary to provide in Section 17B-21 that all bedrooms be provided with such; and WHEREAS, in order to strengthen the enforcement of the Code and provide uniformity and clarity, the words "reasonably" be eliminated in Section 17B-23 and 17B-29; and WHEREAS, Subsection 17B-24(a) of the City Code entitled "Living space, size, use and location requirements" provides that "[i]n every dwelling of two or more rooms, every room occupied for sleeping purposes by an occupant shall contain at least seventy square feet of floor space and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty square feet of floor space for each occupant thereof;" and WHEREAS, in order to strengthen the enforcement of occupancy requirements set forth in Subsection 17B-24(a) of the City Code, the City Commission deems it necessary to specifically provide in Section 17B-28 that owners and landlords of dwellings shall be held responsible for violations of Subsection 17B-24(a). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF SECTION 17B-14. That Section 17B-13 of Miami Beach City Code Chapter 17B, entitled "Power to act in emergencies; emergency order" shall be amended as follows: 2 Section 17B-13. Power to act in emereencies: emereency order. F or the purpose hereof, an emergency is defined to mean a relatively permanent condition of insufficieney of service or of facilities resulting in immediate peril or threat to the health, safety or general welfare of the occupant of the facility or premises in question or to the general public. Whenever the code inspector finds that a violation of the provisions of this chapter exists which is an emergency and requires immediate action to abate a direct and continuing hazard or immediate danger to the health, safety or welfare of the occupants or the public, such inspector shall, after giving notice of the violation within a period of forty-eight hours after such finding by such service as provided for in section 17B-12 issue an emergency order, designated as such, citing the violation and directing that such action be taken as may be necessary to remove or abate the hazard or danger. Immediate action, as set forth herein, shall be mandatory in regard to defective or inoperative equipment or facilities, including, but not limited to, the following: individual air conditioning units or central air conditioning, toilets, sinks, roofleakage (temporary repair), broken windows, stoves, refrigerators, flooding and broken pipes, raw sewage leakage. and infestation of rats. mice ,roaches or other vermin. Notwithstanding any other provision of this chapter, such emergency order shall be effective immediately or as otherwise provided. SECTION 2: AMENDMENT OF SECTION 17B-18 That Section 17B-18 of Miami Beach Code Chapter 17B entitled, "Penalty for violation of Chapter; remedial enforcement procedures" shall be amended as follows: Section 17B-18. Penalty for violation of Chapter: remedial enforcement procedures. It shall be unlawful for any person to fail to comply with the minimum standards established by this chapter, or to fail or refuse to comply with the requirements of any final order issued in 3 accordance with the provisions of this chapter. If any person shall knowingly fail or refuse to obey or comply with, or willfully violates any of the provisions of this chapter, or any lawful final order issued hereunder, such person shall be subject to enforcement procedures before the Miami Bcach codc cnforccmcRt board Special Master and to penalties as set forth in Miami Beach City Code Chapter 9B. SECTION 3: CREATION OF SECTION 17B-18(a) That Section 17B-18(a) of Miami Beach City Code Chapter 17B, entitled, "Criminal Penalties" be established as follows: Section 17B-18(a). Criminal Penalties Any person who shall violate a provision of this chapter or fails to comply therewith. or any of the requirements thereof shall upon conviction thereof in the County Court. be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than sixty (60) days or by both such fine and imprisonment. SECTION 4: AMENDMENT OF SECTION 17B-21 That Section 17B-21 entitled "Basic equipment, facilities and utilities" shall be amended as follows: Section 17B-21. Basic equipment. facilities and utilities: All buildings vacant or occupied shall comply with following requirements: * * * ill All bedrooms shall be heated and air-conditioned with a reverse cycle wall unit or central air-conditioning unit. 4 SECTION 5: AMENDMENT OF SECTION 17B-23 That Section 17B-23 of Miami Beach City Code Chapter 17B, entitled "Safe and sanitary maintenance of structures and facilities" shall be amended as follows: Section 17B-23. Safe and sanitary maintenance of structures and facilities: All buildings vacant or occupied shall comply with the following requirements: (a) All foundation walls shall be structurally sound, reasonably rodent proof and maintained in good repair. Foundation walls shall be considered to be sound if they are capable of bearing imposed loads are not deteriorated. (b) Every building shall be reasonably weathertight and rodent proof Floors, walls, ceilings and roofs shall be capable of affording adequate shelter and privacy and shall be kept in good repair. Windows and exterior doors shall be reasonably weathertight, watertight and rodent-proof and shall be maintained in good working condition. All interior and exterior parts of any dwelling including hotel or motel units, that show evidence of rot, deterioration or need for repainting shall be repaired, replaced or repainted whenever deemed necessary by the code inspector, unless such surface is eovered by paneling, wallpaper or other similar covering in which event such shall be thoroughly washed and scrubbed whenever deemed necessary by the code inspector. Whenever repair or repainting of a portion of any interior part shall be required, the entire interior of that room shall be repainted. * * * SECTION 6. AMENDMENT OF SECTION 17B-28 That Section 17B-28 of Miami Beach Code Chapter 17B entitled, "Responsibilities of owners and occupants" shall be amended as follows: 5 Section 17B-28. Responsibilities of owners and occupants. All buildings vacant or occupied shall comply with the following requirements: * * * W Every owner or landlord of a dwelling shall be responsible for any violation of the occupancy level standards set forth in Subsection 17B-24(a) herein. (p) Exception. Subsections 17B-28(a),(e),(h),(k), and (n) shall not apply to boarded buildings as defined in Section 17B-6. SECTION 7. AMENDMENT OF SECTION 17B-29 That Section 17B-29 of Miami Beach Code Chapter 17B entitled "Responsibilities of owners of vacant buildings, vacant structures and vacant or unimproved lots" shall be amended as follows: Section 17B-29 Responsibilities of owners of vacant buildin&s. vacant structures. and vacant or unimproved lots. All buildings vacant or occupied buildings shall comply with the following requirements: * * * (e) Every owner of a vacant building, structure or lot shall keep the premises rCfi30nably free from rodents, insects, and vermin. * * * SECTION 8. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or 6 other appropriate word. SECTION 9. SEVERABILITY. If any section, subsection, clause, or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 10. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect ten days after its adoption on the 13th day of June , 1998. PASSED AND ADOPTED this 3rd day of June ATTEST: ~ ~Llk CITY CLERK F:ICODE\$ALL\CITYMGRI17BORD. 1st reading 5/6/98 2nd reading 6/3/98 APPROVED AS TO FORM & LANGUAGE & FOREXECUnON 1IL./I~~- ~2())lL City Attomey ~ 7 :ITY OF MIAMI BEACH ~ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 lttp:\\ci. miami-beach. fl. us COMMISSION MEMORANDUM NO. 3<.) 3 -98 TO: Mayor Neisen O. Kasdin and Members of the City Co DATE: June 3,1998 FROM: Sergio Rodriguez City Manager SUBJECT: ORDINAN ENDING CHAPTER 17B OF THE CITY CODE REGARDING PROPERTY MAINTENANCE STANDARDS TO PROVIDE ADDITIONAL OWNER AND LANDLORD RESPONSIBILITY FOR VIOLATIONS OF OCCUPANCY LEVEL STANDARDS TO PROVIDE FOR CRIMINAL PENALTIES, EXPANDING THE CONDITIONS FOR EMERGENCY ACTION, REQUIRE ALL BEDROOMS TO BE HEATED AND AIR-CONDITIONED, STRENGTHENING THE CODE BY ELIMINA TING THE WORD "REASONABLY", AND REPLACING THE CODE ENFORCEMENT BOARD WITH THE SPECIAL MASTER. ADMINISTRATIVE RECOMMENDATION: Adopt the amendments to the Ordinance on second and final reading. BACKGROUND Pursuant to the request of Commissioner Martin Shapiro, an Ordinance amending Chapter 17B of the City Code was drafted by the City Attorney's Office. The Ordinance amends Chapter 17B-28 to specifically provide that owners and landlords be responsible for any violations of occupancy level standards for dwellings. A "clean-up" amendment was made to Section 17B-18 to reflect the fact that enforcement proceedings are held before the Special Master, not the abolished Code Enforcement Board. The above amendments were scheduled to be heard before the City Commission on April 1, 1998. The ordinance was not reached. The matter was deferred to the April 15, 1998, City Commission Agenda. A request was made by Commissioner Liebman to strengthen the Minimum Housing Code by amending Chapter 17B. The proposed amendments were discussed at the Neighborhood Committee Meeting on March 2, 1998. The proposed amendments are as follows: 1) expand the hazard or dangerous conditions that would be required to take emergency action against a building. 2) provide for criminal penalties for landowners who fail to comply with a Notice of Violation. 3) eliminate the word "reasonably" throughout the various sections of Chapter 17B when describing how a building shall be maintained. 4) provide that all bedrooms be air-conditioned and heated. AGENDA ITEM R5~ to.. 3 -'18 DATE The Committee unanimously voted to forward the proposed amendments to Chapter 17B to the City Commission for approval. The ordinance was approved on first reading by the City Commission on May 6, 1998. SR:~:AC:ebt F:ICODEI$ALLlCITYMGRI17B. WPD C I T Y 0 F M I A M I B E A C H NOTICE OF PUBLIC HEARINGS ~OTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the :ity of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention :enter Drive, Miami Beach, Florida, on Wednesday, June 3, 1998, at the times listed below, to :onsider the adoption of the following ordinances: 'it 10:15 a.m.: ill ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 20, ENTITLED "BUSINESS LICENSES", AMENDING 3ECTION 20-32, ENTITLED "PARKING LOT; EXEMPTIONS; VALET PARKING" BY PROVIDING FOR NE%' INSURANCE ~EQUIREMENTS; PROVIDING FOR THE IDENTIFICATION AND PROOF OF SUFFICIENT VEHICLE STORAGE SPACE; JROVIDING FOR THE REQUIREMENT OF PROVIDING A COpy OF THE BUSINESS LICENSE FOR THE STORAGE SPACE; ?ROVIDING FOR THE IDENTIFICATION OF THE STORED VEHICLE THROUGH A TICKET STUB; PROVIDING FOR ~EVISIONS TO THE PUBLIC ON-STREET/CURBSIDE PARKING SPACE RENTAL RATES; PROVIDING FOR REVISIONS TO 'HE VIOLATIONS FINE SCHEDULE; PROVIDING FOR AN EMPLOYEE/VALET OPERATOR CODE OF CONDUCT;. AND JROVIDING FOR A REPEALER, SEVERABILITY, .~ AN EFFECTIVE DATE. :NQUIRIES may be directed to the Parking Department at 673-7505.. ,/ It 10:30 a.m.: ..N ORDINANCE AMENDING CHAPTER 17B OF THE CITY CODE ENTITLED "PROPERTY MAINTENANCE STANDARDS", ~ENDING SECTION 17B-13 ENTITLED "POWER TO ACT IN EMERGENCIES; EMERGENCY ORDER," BY EXPANDING THE :ONDITIONS FOR EMERGENCY ACTION, BY AMENDING SECTION 17B-18 ENTITLED "PENALTY FOR VIOLATIONS OF :HAPTER; REMEDIAL ENFORCEMENT PROCEDURES" BY SUBSTITUTING THE SPECIAL MASTER FOR THE CODE :NFORCEMENT BOARD; BY CREATING SECTION 17B-18 (A) ENTITLED "CRIMINAL PENALTIES" BY ESTABLISHING :RIMINAL PENALTIES FOR VIOLATION OF THE CHAPTER OR FAILURE TO COMPLY THEREWITH; BY AMENDING SECTION 7B-21 ENTITLED "BASIC EQUIPMENT, FACILITIES AND UTILITIES" BY ADDING SECTION (I), REQUIRING THAT ,LL BEDROOMS SHALL BE HEATED .~ AIR CONDITIONED, BY AMENDING SECTION 17B-23 ENTITLED "SAFE AND ANITARY MAINTENANCE OF STRUCTURE AND FACILITIES" BY ELIMINATING THE WORD "REASONABLY"; BY MENDING SECTION 17B-28, ENTITLED "RESPONSIBILITIES OF OWNERS AND OCCUPA."ITS" TO PROVIDE FOR DDITIONAL RESPONSIBILITIES OF OWNERS AND LANDLORDS OF DWELLINGS WITH REGARD TO ENSURING COMPLIANCE 'ITH OCCUPANCY LEVEL STANDARDS SET FORTH IN SECTION 17B-24 (A) , BY AMENDING SECTION 17B-29 ENTITLED RESPONSIBILITIES OF OWNER OF VACANT BUILDINGS, VACANT STRUCTURES AND VACANT OR UNIMPROVED LOTS" Y ELIMINATING THE WORD "REASONABLY": PROVIDING FOR CODIFICATION, SEVERABILITY, REPEALING ALL RDINANCES IN CONFLICT THEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE". NQUIRIES may be directed to the Code Compliance Division at 673-7555. 11 persons are invited to appear at this meeting or be represented by an agent, or to express heir views in writing addressed to the City Commission c/o the City Clerk, 1700 Convention Center rive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available ~r public inspection during normal business hours in the City Clerk's office. The hearing on hese Ordinances may be continued at this meeting and under such circumstances, additional legal ~tice would not be provided. ~rsuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person ~cides to appeal any decision made by the City Commission with respect to any matter considered : its meeting or its hearing, such person must ensure that a verbatim record of the proceedings 3 made, which record includes the testimony and evidence upon which the appeal is to be based. lis notice does not constitute consent by the City for the introduction or admission of otherwise ladmissable or irrelevant evidence, nor does it authorize challenges or appeals not otherwise _lowed by law. 1 accordance with the Americans with Disabilities Act of 1990, persons needing special :commodation to participate in this proceeding should contact the City Clerk's office no later :an four days prior to the proceeding. Telephone (305) 673-7411 for assistance; if hearing 1paired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770 DICE), for assistance..