Ordinance 1832ORDINANCE NO, 1832
AN ORDINANCE AMENDING ORDINANCE NO. 1582,
COMMONLY KNOWN AS THE CITY OF MIAMI BEACH
MINIMUM HOUSING STANDARDS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI
BEACH, FLORIDA;
SECTION 1. That Section 1.12 of Ordinance No. 1582 of
the City of Miami Beach, Florida, be and
the same is hereby amended to read as follows:
"Section 1.12 FINAL ORDER. Any notice of violation
provided for in Section 1.11 of Ordinance No. 1582
shall automatically become a final order in the event
that no appeal from the notice of violation is filed
with the Minimum Housing Appeals Board within fifteen
(15) days after the date of service of the notice of
violation, other than emergency orders, as set forth
in Section 1.15 hereof. Any emergency order provided
for in Section 1.15 hereof shall automatically become
a final order in the event that no appeal from the
emergency order is filed with the Minimum Housing
Appeals Board within twenty-four (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."
SECTION 2. That Section 1.15 of Ordinance No. 1582 of the
City of Miami Beach, Florida, be and the same
is hereby amended to read as follows:
"Section 1.15 POWER TO ACT IN EMERGENCIES. For the
purposes hereof, an emergency is defined to mean a
relatively permanent condition of insufficiency 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 Minimum
Housing Enforcement Officer finds that a violation of
the provisions of this ordinance 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 officer shall after giving notice of the
violation within a period of forty-eight (48) hours
after such finding by certified mail, 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 of 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, roof leakage (temporary
repair), broken windows, stoves, refrigerators, flooding
and broken pipes. Notwithstanding any other provision
of this ordinance, such emergency order shall be
effective immediately or as otherwise provided."
SECTION 3. That Section 1.16 of Ordinance No. 1582 of the
City of Miami Beach, Florida, be and the same
is hereby amended to read as follows:
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE o MIAMI BEACH, FLORIDA 33139
"Section 1.16 APPEALS FROM ACTIONS OR DECISIONS OF
MINIMUM HOUSING ENFORCEMENT OFFICER. Any person
aggrieved by any action or decision of the Minimum
Housing Enforcement Officer may appeal to the Minimum
Housing Appeals Board by filing with the Board, within
fifteen (15) days after the date of the action or
decision complained of, or within twenty-four (24)
hours in cases of emergency orders pursuant to Section
1.15 hereof, a written notice of appeal which shall set
forth concisely the action or decision appealed from
and the reasons or grounds for the appeal. The Board
shall set such appeal for hearing at the earliest
possible date, and cause notice thereof to be given
to the appellant and the Minimum Housing Enforcement
Officer. The Board shall hear and consider all facts
material to the appeal and render a decision promptly.
The Board may affirm, reverse or modify the action or
decision appealed from, provided that the Board shall
not take any action which conflicts or nullifies any
of the provisions of this ordinance. The decision
of the Board shall be final, and no rehearing or re-
consideration shall be considered. Any person aggrieved
by any decision of the Board on an appeal shall be
entitled to apply to the Circuit Court for a review
thereof by petition for writ of certiorari in accordance
with the applicable Court Rules."
S ECTE ON 4. That Section 1.17 of Ordinance No. 1582 of the
City of Miami Beach, Florida, be and the same
is hereby amended to read as follows:
"Section 1.17 MINIMUM HOUSING APPEALS BOARD. The
City of Miami Beach Minimum Housing Appeals Board is
hereby created and established. The Board shall con-
sist of seven (7) members appointed by the City Council.
1. QUALIFICATIONS OF MEMBERS. Members of the
Board shall be permanent residents of Miami Beach,
Florida, of good reputation and standing in the community.
Appointments shall be made by the City Council and shall
consist of reputable professional or business people.
The Director of Planning and Zoning shall be an ex
officio member of the Board without vote. In addition,
the members of the Board shall have the right and
duty to consult with any member of the City administra-
tion for technical or other information pertaining to
the matters before them.
2. TERMS OF OFFICE. Two members shall be
appointed for the term of one year; two members shall
be appointed for the term of two years; and three
members shall be appointed for the term of three years.
Thereafter, all appointments shall be for the term of
three years. Appointments to fill any vacancy on the
Board shall be for the remainder of the unexpired term.
3. ORGANIZATION OF THE BOARD. The members shall
elect a chairman and such other officers as may be
deemed necessary or desirable, who shall serve at the
will of the Board. Four members of the Board shall
constitute a quorum necessary to hold a meeting or
take any action. A majority vote of the entire member-
ship shall be necessary to overrule any action or
decision of the Minimum Housing Enforcement Officer
to grant an extension of time for compliance with the
provisions of this ordinance. A majority vote of
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"and until such rules and regulations have been approved
by the City Council. When approved by the City Council,
such rules and regulations shall have the force and
effect of law.
E. To make continuing studies and periodic reports
and recommendations for the improvement of minimum
housing standards for the City of Miami Beach and to
work in cooperation with all Federal, State and local
agencies interested in minimum housing standards and
the elimination of slums and blighted areas. To
publicize the importance of adequate minimum housing
standards, to hold and conduct public hearings, dis-
cussions forums and institutes, and arrange programs
for the presentation of infrmation by experts in the
field of housing and slum clearance, and to visit
and study housing programs conducted in other metro-
politan areas."
SECTION 5. That Section 2.01 of Ordinance No. 1582 of theCity
of Miami Beach, Florida, be and the same is hereby
amended by adding thereto at the end thereof, the following:
"The facilities referred to above cannot be shared with
any other person in an adjoining apartment, or any
person of the opposite sex in any rooming house or
hotel."
SECTION 6. That Section 2.05(7) of Ordinance No. 1582 of the
City of Miami Beach, Florida, be and the same is
hereby amended to read as follows:
., "Section 2.05(7) Every occupant of a dwelling contain-
ing a single dwelling unit shall be responsible for
the extermination of any insect, rodents, vermin, or
other pests therein or on the premises. In the event
there is more than one dwelling unit in a building,
the owner shall be solely responsible for exte rination
of any insects, rodents, vermin, or other pests
therein or on the premises, including the public space
of the building, as well as the dwelling units,
apartments and outside premises. The landlords'
exterminators shall have reasonable access to the
tenants' unit during daylight hours."
SECTION 7. That Section 2.05 of Ordinance No. 1582 of the
City of Miami Beach, Florida, be and the same is
hereby amended by adding thereto immediately after sub -section
10 thereof, an additional section to be known as Section 11,
and to read as follows:
"Section 11. Where a refrigerator, stove or air con-
ditioner, whether individual units or central air
conditioning, are supplied by the owner, it shall
be the duty and responsibility of said owner to main-
tain them in good and proper working order. Where
central air conditioning is provided, it shall be
the duty and responsibility of said owner to operate
the same continuously, maintaining a continual
temperature of seventy (70°) degrees, on a twenty-
four (24) hour basis, except for minimal shut -down
periods required for reasonable maintenance and
repair."
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE -- MIAMI BEACH, FLORIDA 33139
SECTION 8. That Section 2.05 of Ordinance No. 1582 of the
City of Miami Beach, Florida, be and the same
is hereby amended by adding thereto immediately after sub-
section 11 thereof, an additional section to be known as
Section 12, and to read as follows:
"Section 12. Every owner or his agent of a building
which has rental units shall post a sign in a con-
spicuous place, inside the vestibule or lobby of the
building, indicating the names, addresses, and
telephone numbers, local and foreign, of the
owner, his ; manager, except that this paragraph shall
not apply wlere there is a resident agent on the
premises.
12.1. Every tenant shall provide reasonable
access to repair men or other services required to
rectify violations provided that the landlord's
representative or the tenant is on the premises."
SECTION 9. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 10. That this ordinance shall go into effect immediately
upon its passage and posting as required by law.
PASSED AND ADOPTED this 3rd day of June,
Attest:
400
Ard°'
City Clerk -Finance Director
First reading -
Second reading
Third reading
POSTED
May 6, 1970
- May 6, 1970
- June 3, 1970
- June 26, 1970
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/I::
Vice -Mayor
1970.
OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
11 1 1 1 III 1 III I 1111 I I I 11 Jr
STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1832 entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 1582,
COMMONLY KNOWN AS THE CITY OF MIAMI BEACH
MINIMUM HOUSING STANDARDS ORDINANCE.
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the 26th day of June, 1970.
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 2nd day of September, 1970.
City Clerk and Finance Director
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