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Ordinance 89-2650 ORDINANCE NO. 89-2650 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING CHAPTER 17C OF THE MIAMI BEACH CITY CODE ENTITLED ',MORATORIUM ON CONVERSIONS,' DUE TO ITS LAPSE VIA TIME. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Chapter 17C of the Miami Beach City Code entitled "Moratorium on Conversions" , which reads as follows: CHAPTER 17C. MORATORIUM ON CONVERSIONS. Sec. 17C-1. Purpose. This chapter is intended to stop temporarily the conversion of multi-family rental housing to condominium while the city seeks other means to alleviate the housing shortage and dislocation burdens caused by conversion. (Ord. No. 80-2197 , §1; Ord. 80-2201, §1. ) Sec. 17C-2 . Applicability. This chapter applies to all owners of multi-family residential units which owners have not done all of the following as of February 20, 1980. (a) Recorded a declaration of condominium in the public records of Dade County in the manner provided by state law. (b) Filed with the State Division of Florida Land Sales and Condominiums documents and items required by Florida Statute 718 . 502 . (c) Mailed notices of intent to convert to all tenants by certified mail . (d) Fixed prices for units. (e) Taken deposit for sale on at least one unit, and deposit same in seller's or escrow bank account. (Ord. No. 80-2197, §2 ; Ord. No. 80-2201, §2 . ) Sec. 17C-3 . Prohibitions. It shall be unlawful for any owner of multi-family housing units to whom this chapter applies, for a period of ninety days from February 20, 1980, to convert rental housing to condominium units. "Converting" is hereby defined as any one of the following: (a) The act of filing a declaration of condominium. (b) The act of offering for sale a residential condominium unit previously occupied as a rental unit. (c) Selling a unit previously occupied as a rental as a condominium. (Ord. No. 80-2197, §3 ; Ord. No. 80- 2201, §3 . ) 1 Sec. 17C-4. Penalty. Any owner or agent of an owner who violates the provisions of this chapter shall be fined not more than one thousand dollars for each act of conversion. (Ord. No. 80-2197 , §4 ; Ord. No. 80-2201, §4 . ) Sec. 17C-5. Enforcement. The city shall be empowered to seek injunctive relief to enforce this chapter. (Ord. No. 80-2197 , §5; Ord. No. 80-2201, §5. ) is hereby repealed in its entirety due to its lapse via time. SECTION 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 . SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4 . EFFECTIVE DATE. This ordinance shall take effect ten (10) days after its adoption on August 5 , 7989 PASSED and ADOPTED this 26th day of July 1989 . ACC21#1--.7( MAYOR ATTEST: 'f_eh t j �� ?h) CITY CLERK 1st reading 6/21/89 2nd reading 7/26/89 DJT/mml a: \cnaptl7c.ord FORM APPROVED LEGAL DEP J By I4 4 . IA A . Date - ba__ 2 OFFICE OF THE CITY ATTORNEY F L O R I D A �Pr4Cy ARNOLD M. WEINER +�iwcwr � P.O.BOX 0 �1RCHN.' MIAMI BEACH,FLORIDA 33119-2032 CITY ATTORNEY �H16 TELEPHONE(305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMORANDUM NO, 337- 81 TO: Mayor Alex Daoud and DATE: June 21, 1989 Members of the City Commission City Manager Rob W. Parkins FROM: Arnold M. Weiner ., City Attorney RE: Repeal of Chapter 17C of the Miami Beach City Code entitled "Moratorium on Conversions" Chapter 17C of the Miami Beach City Code was enacted early in 1980 to temporarily alleviate the housing shortage and dislocation burdens caused by condominium conversions at that time. This ordinance became effective on February 20, 1980 and imposed a moratorium on condominium conversions for a period of ninety (90) days. In keeping with the on-going efforts of the City Attorney's Office to update and revise the City Code, it is submitted that Chapter 17C be repealed in its entirety due to its lapse via time. • • AMW:DJT\mml • 3 AGENDA ITEM DATE 1700 CONVENTION CENTER DRIVE- FOURTH FLOOR-MIAMI BEACH, FLORIDA 33139 m C ro H. H. (D O rt d CD cn a) 0 H- Ca, a d • (DrnQ CD CI rt d 0" O rt a3 H. 'd N• rt rt 0 rt Co CD 11 C7 a H O 'a Zn 1-4 '1=3 U) O C) (� n O tTi z C rt Z r H. O rt 0 a3 ri 0' • H- fD H CD 0 ) N • d E a~ H- U-r C) O O td • (D C a3 c) n p'