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Ordinance 87-2540 ORDINANCE NO. 87-2540 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING MIAMI BEACH CODE CHAPTER 17A, ENTITLED RENT STABILIZATION, AND CREATING A NEW CHAPTER 17A, ENTITLED RENTAL HOUSING, PROVIDING FOR PLACARDING AND CONDEMNING OF BUILDINGS UNFIT FOR HUMAN HABITATION, PROVIDING FOR THE RELOCATION OF RESIDENTS, PROVIDING FOR TENANTS' RIGHTS TO PRESENT GRIEVANCES, PROHIBITING DISCRIMINATION IN RENTAL HOUSING, PROVIDING FOR A PENALTY FOR VIOLATIONS, PROVIDING FOR SEVERABILITY, REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1: REPEAL OF MIAMI BEACH CITY CODE CHAPTER 17A That Miami Beach City Code Chapter 17A, providing for rent stabilization is hereby repealed in its entirety. SECTION 2: That a new Chapter 17A of the Code of the City of Miami Beach is hereby created to read as follows: Chapter 17A RENTAL HOUSING ARTICLE L Buildings Unfit for Human Habitation Sec. 17A-1. Designation of buildings as unfit for human habitation; placarding of unfit buildings; condemnation of unfit buildings. Sec. 17A-2. Owners - duty to relocate residents Sec. 17A-3. Tenants' rights to present grievances. Sec. 17A-4. Penalty for violation of article. ARTICLE IL Discrimination in Rental Housing Units. Sec. 17A-5. Policy. Sec. 17A-6. Definitions. Sec. 17A-7. Prohibited activity. Sec. 17A-8. Private dwellings used for rental purposes. Sec. 17A-9. Tenant age policy not prohibited. Sec. 17A-10. Requirements of financial obligations not probihited. Sec. 17A-11. Penalty. s Chapter 17A-1 Rental Housing Article L Buildings Unfit for Human Habitation Sec. 17A-1. Designation of buildings, unfit for human habitation; placarding of unfit buildings; condemnation of unfit buildings. The designation of buildings as unfit for human habitation and the procedure for condemnation and placarding, as unfit for human habitation, of such unfit buildings, shall be carried out in compliance with the following requirements: (a) Any building, as defined in Miami Beach City Code, Section 17B-6, which shall be found to have any of the following defects shall be designated by a city code inspector, as defined in Section 17B-6, as unfit for human habitation and shall be so placarded: (1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public. (2) One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public. (3) One which, because of its general condition or location, is unsanitary, or otherwise dangerous to the health or safety of the occupants or of the public. (b) Any building declared unfit for human habitatign by the enforcing agency as defined in Section 17B-6 shall be so designated by posting a placard in a conspicuous place on the structure. (c) A building condemned and placarded as unfit for human habitation shall be vacated within thirty days as ordered by the enforcing agency and shall not be used for occupancy again until written approval is secured from, and the placard removed by, the enforcing agency. The enforcing agency shall order the removal of the placard whenever the defect or defects upon which the condemnation and placarding actions were based, have been eliminated. -2- • (d) No person shall deface or remove the placard from any building which has been condemned as unfit for human habitation and placarded as such, except as provided in subsection (c) of this section. (e) Any person whose property has been placarded as unfit for human habitation may request and shall be granted a hearing on the matter before the property maintenance standards appeals board of the city in accordance with the procedures set forth in City of Miami Beach Code Section 178-14. (f) Where the code inspector determines that a building is an unsafe building within the provisions of Section 202 of the South Florida Building Code, he shall immediately report the matter to the city building official. Sec. 17A-2. Owners -duty to relocate residents. (a) Within twenty-four (24) hours from the time that an occupied building is declared unfit for human habitation and placarded, the owner, as defined in Section 17B-6, shall make all necessary arrangements to relocate the residents therein into comparable housing, which is safe, sanitary and secure and pay the expenses involved in such relocation. (b) If the owner shall fail to take the necessary steps to provide for the relocation of displaced residents, and City personnel will be empowered to assist in said relocation, then the owner shall pay all expenses incurred by the City; payment to occur within seven (7) days from receiving an itemization of expenses incurred in the relocation. (c) If the owner shall fail to pay City-incurred expenses, a lien against the realty and personality of said owner shall be filed in the public records of Dade County, Florida and shall be of a dignity equal to liens filed for ad valorem taxation. Said lien shall carry an interest rate at the maximum rate provided by Section 687.02, Florida Statutes (1985). Upon foreclosure of said lien, the City shall be entitled to attorney fees and costs. Sec. 17A-3. Tenants' rights to present grievances (a) Any tenant or group of tenants may at any time submit in oral or written form a list of grievances to the landlord, his -3- s agents or to any proper governmental agency concerning the management, the physical conditions or operation of the rental unit or units. (b) The management of any rental unit complained against or criticized shall not coerce, retaliate, or discriminate in any manner against a tenant or tenant group because of participation in the presentation of a grievance or complaint. (c) It shall be unlawful for any person to willfully and knowingly initiate any complaint under the provisions of this section without probable cause and for the purpose of harassment. Sec. 17A-4. Penalty for violation of article. Any person, firm or corporation who willfully violates any of the provisions of this article, upon conviction of such offense, shall be punished by a fine not to exceed five hundred dollars, and/or imprisonment for a period not to exceed thirty days. Each day of continued violation shall be considered as a separate offense; however, the imprisonment provision of this section shall hot be applicable to more than one violation which is a recurring or continuing violation on consecutive dates. The provisions of this chapter may be enforced by mandatory injunction or other appropriate civil action. Article II. Discrimination in Rental Housing Units. Sec. 17A-5. Policy. It is hereby declared to be the public policy of the City of Miami Beach that in order to continue to have a mixture of citizens and residents of all age groups within the city, aAd in view ef the ewwFeat law vaeaAey Fate feF ail FeRta4 lheusiig tbFeugheut the eftyr and further in view of the limited rental housing accommodations existing within the city for families with minor children, it is hereby declared that sound public policy directs that discrimination against families with children in residential rental units within the city should be prohibited. It is further declared to be against public policy to discriminate in the sale of units converted from rental to condominium on the basis of age of the proposed residents. -4- • Sec. 17A-6. Definitions. Housing accommodation. Any building containing one or more residential rental units. • Rental unit. One or more rooms in which cooking facilities are available which are leased to a person for his or her residence. Exception. Housing accommodation consisting of two residential rental units, one unit of which is occupied by the owner of the housing accommodation, or by a family member of the owner of the housing accommodation, shall be excepted from the provisions of this article. Sec. 17A-7. Prohibited activity. It shall be unlawful for the owner, lessor, lessee, sub-lessee, real estate broker, assignee, or other person having the right of ownership, the right of possession, or the right to rent or lease any housing accommodation, or any agent or employee of such person to: (a) Refuse to rent or lease, or otherwise deny to or withhold from any person, such accommodations because such person has a minor child or children who shall occupy the leased or rented premises with such person; (b) Represent to any person because of the potential tenancy of a minor child or children that housing accommodations are not available for inspection or rental when such accommodations are, in fact, so available; (c) Make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement, with respect to the rental of housing accommodations that would indicate any preference, limitation, or discrimination, based upon the potential tenancy of a minor child or children; (d) Discriminate against any person in terms, conditions, or privileges of the rental of housing accommodations or in the provision of services or facilities in connection therewith because of the potential tenancy of a minor child or children; (e) Refuse to rent after the making of a bonafide offer or refuse to negotiate for the rental of, or otherwise make unavailable or deny, housing accommodations to any person because of the potential tenancy of a minor child or children; -5- • (f) Include in any lease or rental agreement of housing accommodations, a clause providing that as a condition of continued tenancy the tenants shall remain childless; (g) Refuse to sell or otherwise deny to or withhold from any • person any unit, previously a rental unit, upon conversion of that unit from rental to condominium because such person has a minor child or children who shall occupy the condominium unit with such person or to otherwise take any action which would have the effect of discriminating against such person in the purchase or sale of the condominium unit because such person has a minor child or children who will occupy the unit with such person. Sec. 17A-8. Private dwellings used for rental purposes. The provisions of this article shall not apply to persons who are owners of a single residential unit, whether same is a home, townhouse, or condominium parcel, but shall apply to condominium parcels operated by a management company primarily for rental purposes. Sec. 17A-9. Tenant age policy not prohibited. (a) In residential buildings otherwise covered by this article, where the owner has publicly established and carried out a policy of renting exclusively to persons who are defined herein as elderly, the owner or any other person enumerated in Section 17A-6 hereinabove, shall be exempt from the provisions of this article, provided, however, that deviation from or abandonment of the policy shall automatically subject the owner to all of the provisions of this article. (b) Definition. Elderly persons. All persons who have attained the age of sixty-two or more years. Sec. 17A-10. Requirements of financial obligations not prohibited. This article shall not prohibit the person having the right to rent or lease the premises from requiring the same financial obligations of prospective tenants with minor children as he or she may require of prospective tenants without children. -6- S. s However, no discrimination in the amount or manner of payment of such financial obligation shall be permitted. Sec. 17A-11. Penalty. Any person, firm, or corporation violating the provisions of this article, upon conviction, shall be subject to a fine of not less than two hundred and fifty dollars nor more than one thousand dollars, and/or imprisonment for a period not to exceed sixty days. SECTION 3: SEVERABILITY If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. SECTION 4: REPEALER All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: EFFECTIVE DATE This Ordinance shall take effect 10 days after its adoption on March 28 , 1987. PASSED and ADOPTED this 18th day of March 1987. allrYOR ATTEST: CITY CLERK FORM APPROVED 1st Reading - March 4, 1987 2nd Reading - March 18, 1987 LEGAL DEPT. By � Date 3 -I SWS/bcg -7- s 11-1 P 2 \\ }\ N. co \ \ § / 0 / 4-i \ o u e & w t m m4.1 \\ E \\ j \ \ c4 # ouww -H / / \Wc ) / 1-0 J m 2 0 4-1 ® 4 N 4.4-H / /Z \ / / \ \ � cd[ ® / e w & W o - g / %�` / 0 \ / $ \ / \ P. M ® § f / \ § o 0 \ / 0.0 04 0 / m/ p® ` R J / t / 7 \/ / / / \ / "0 / # « § w (1) 4.1 w m a J 5 » m R