Ordinance 87-2541 ORDINANCE NO. 87-2541
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 17B, ESTABLISHING MAINTENANCE
STANDARDS FOR VACANT BUILDINGS, STRUCTURES AND
LOTS, PROVIDING FOR ENFORCEMENT OF PROPERTY
MAINTENANCE STANDARDS BY THE MIAMI BEACH CODE
ENFORCEMENT BOARD; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1:
That Chapter 17B of the Miami Beach City Code be amended in its entirety to read as
follows:
MIAMI BEACH CITY CODE
CHAPTER 17B
Property Maintenance Standards
Article I. In General.
17B-1. Short title.
17B-2. Findings of city commission.
17B-3. Purpose of chapter.
17B-4. Applicability of chapter, conflict with other codes
or regulations.
17B-5. Existing remedies preserved.
17B-6. Definitions.
Article IL Administration and Enforcement.
17B-7. Cede eRfeFeemeRt effieeF - DiFeeteF ef
Cede ERfeFeemeRt desigRated; assistaRts - City manager's
designee - assistants; code inspector.
17B-8. Same - Powers and duties generally.
17B-9. Same - Identification.
17B-10. Same - Records; duty to make record searches and
issue certificates thereon.
17B-11. Same - Inspection of buildings.
1-7B42r Same - DesigRatieR ef buildiRgsT ete.T aRfit feF human
habitatieRT piaeaFdiRg ef unfit baiidiRgsf eeRdemRatieR ef unfit
13dildiRgsr
17B-124 OvneFs - Duty to Reieeate Residents.-
17B43.12.
esidents=17B43.12. Same - Issuance of notice of violation.
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17B44.13. Same - Power to act in emergencies; emergency order.
17B-15.14. Same - Appeals from actions or decisions.
17B-16.15. When notice of violation or emergency order
constitutes final order.
17B-17.16. Property maintenance standards appeals
board - Created; composition.
17B-18T Repealed.-
17B-19.- Repealed.-
17B-29.- Repealed.-
17B-21.17. Same - Powers and duties generally.
17B-22.18. Penalty for violation of chapter, remedial enforcement
procedures.
17B-23.19. When tenant authorized to terminate a rental agreement
withheld partial payment ef Feat$
payments to be held eserew by beard ef appeals.-
17B-24.20. Review of final actions or decisions by circuit court.
Article III. Minimum Standards.
17B-25.21. Basic equipment, facilities and utilities.
17B-26.22. Light and ventilation; door and window screens;
electrical outlets.
17B-27.23. Safe and sanitary maintenance of structure and
facilities.
17B-28.24. Living space, size, use and location requirements.
17B-29.25. Hotels and rooming houses.
17B-294.26. Adult congregate living facilities.
17B-3Q.27. Non-dwelling structures and fences.
17B-31.28. Responsibilities of owners and occupants.
17B-29. Responsibilities of owners of vacant buildings, structures
and vacant or unimproved lots.
17B-32.- Tenants=Fights to present grievaneesr violation and penalty.-
AEtiele YVT Disertmifatien ifl Rental Housing Units
17g-33.-
Pokey.-
17B-34.- Defiaitlensr
171 -35T PFehibited aetivityr
17B-36 Private dwellings used feF rental purpeses.-
17B-37.- Tenant age peliey net prehibited.-
17B-38 Requirements ef fi-aneial ebligatieas net prebib}ted.-
17B-39T Penalty.-
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Article I. In General.
Sec. 17B-1. Short title.
This chapter shall be known and may be cited as the "City of Miami Beach
Property Maintenance Standards Ordinance."
Sec. 17B-2. Findings of city commission.
The city commission hereby finds and declares that there presently exist in
the city, buildings which are or may become in the future, substandard with
respect to structure, equipment or maintenance. It finds further, that such
conditions, together with inadequate provisions for light and air,
insufficient protection against fire hazards, lack of proper ventilation for
heating and cooling, unsanitary conditions and overcrowding constitute a
menace to the health, safety, morals, welfare and reasonable comfort of
the citizens and visitors of this metropolitan area. It is further found and
declared that the existence of such conditions, factors or characteristics,
if not remedied, will create slum areas requiring large scale clearance; and
further, that in the absence of corrective measures, such areas will
experience a deterioration of social values, a curtailment of investment
and tax revenues and impairment of economic values. It is further found
and declared that the establishment and maintenance of Property
Maintenance Standards are essential to the prevention of blight and decay,
and the safe-guarding of public health, safety, morals and welfare.
Sec. 17B-3. Purpose of chapter.
The intent and purpose of this chapter is to protect the public health,
safety, morals and welfare of all the people of the city by establishing
minimum standards governing the condition, occupancy and maintenance of
all buildings and premises, establishing minimum standards governing
utilities, facilities and other physical components and conditions essential
to make such buildings and premises safe, sanitary and fit to be occupied,
fixing certain responsibilities and duties of owners, operators, agents and
occupants of any building, authorizing and establishing procedures for the
inspection of such buildings and the eeRderfinat4eR and vaeatfeR of these
buil}Rgs to be eeeubied and fixing penalties for the violations of the
provisions of this chapter. This chapter is hereby declared to be remedial
and essential to the public interest and it is intended that this chapter be
liberally construed to effectuate the purposes as stated above.
Sec. 17B-4. Applicability of chapter; conflict with other codes or
regulations.
The provisions of this chapter shall be applicable as a minimum standard in
the city. Every portion of a building or premises used or intended to be
used for stores, commercial or office buildings, or any dwelling purpose,
and every building, structure or lot, except temporary housing in times of
local emergency, disaster or necessity, shall comply with.the provisions of
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this chapter, irrespective of when such building or structure shall have
been constructed, altered or repaired, and irrespective of any permits or
licenses which shall have been issued for the use or occupancy of the
building or premises, for the construction or repair of the building or for
the installation or repair of equipment or facilities, prior to the effective
date of this chapter'. This chapter is intended and shall be construed as
establishing minimum standards for all buildings and structures and vacant
or unimproved lots; and shall be construed as establishing minimum
standards for the initial and continued occupancy of all buildings. It is not
intended to replace, modify, supersede or diminish the standards
established for the construction, repair, alteration or use of buildings,
equipment or facilities by the South Florida Building Code. In any case
where any provision of this chapter is found to be in conflict with a
material and controlling provision of the comprehensive Zoning Ordinance,
the South Florida Building Code, any other municipal ordinance, code or
regulation or any rules or regulations of the Florida State Board of Health,
the provision which establishes the highest standard shall prevail. All
municipal departments, officials and employees who have the duty,
responsibility or authority to issue permits or licenses in regard to the use
and occupancy of buildings, shall conform to the provisions of this chapter,
as a minimum standard. It shall be the duty and responsibility of municipal
departments, officials and employees to enforce the minimum standards
prescribed by the provisions of this chapter.
1 Passed and posted May 1, 1974, effective immediately.
Sec. 17B-5. Existing remedies preserved.
Nothing in this chapter shall be deemed to abolish or impair any existing
remedies relating to the removal or demolition of any buildings which are
deemed to be dangerous, unsafe or unsanitary. This chapter shall not
affect violations of any other municipal ordinance, code or regulation
existing prior to the effective date of this chapter2, and such violations
shall be governed and shall continue to be punished to the full extent of the
law under the provisions of those ordinances, codes or regulations in effect
at the time the violation was committed.
2 Passed and posted May 1, 1974, effective immediately.
Sec. 17B-6. Definitions.
In construing the provisions of this chapter, where the context will permit
and no definition is provided herein, the definitions provided in chapter 4 of
the South Florida Building Code shall apply. The following words and
phrases, when used in this chapter, shall have the meanings ascribed to
them in the section:
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Accessory building. A detached subordinate building or portion thereof,
the use of which is incidental to and customary in connection with the main
building or use and which is located on the same lot with such main building
or use.
Apartment. See Dwelling Apartment
Apartment building. A building with or without resident supervision
occupied or intended to be occupied by more than two families living
separately with separate cooking facilities in each unit.
Apartment hotel. A building containing both apartments and hotel units
under resident supervision, which maintains an inner lobby through which
all tenants must pass to gain access to apartments or hotel units.
Approved. Approved by the head of the enforcement agency or his
authorized representatives.
Basement. That portion of a building between floor and ceiling, which is so
located that one half or more of the clear height from floor to ceiling is
below grade.
Boarded building. Any unoccupied building boarded or otherwise secured
against entry in a manner approved by the building official.
Building. Any structure having a roof supported by columns or walls for
the shelter or enclosure of persons or property. The term "building" shall
be construed as if followed by the phrase "or any part thereof." This term
shall include commercial buildings, single-family dwellings, two-family
dwellings and multiple-family dwellings and vacant structures whether
occupied or not occupied.
Building Official. That city official designated to enforce the provisions of
the South Florida Building Code.
City manager's designee. The director of the city department or division
designated by the city manager to enforce the provisions of this chapter.
Code Inspector. Any employee of the enforcing agency charged with the
responsibility of making inspections of buildings and premises and issuing
violation notices when necessary. The term shall be synonymous with
"enforcing officer".
Commercial Buildings. All stores, offices, garages, restaurants, theatres,
clinics, nursing homes or other similar facilities, whether occupied or not
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occupied, or any parts of the building used or intended to be used; to serve,
entertain or perform any service or business to or for the public.
Commercial property. Shall be synonymous with commercial building .
Commercial unit. Any room or group of rooms located within a building
forming a single unit; whether occupied or not occupied, which will be used
or intended to be used, for any use as described in commercial building.
Condominium. Defined by ClaapteF 718T FieFida Statutes. A form of real
property ownership created pursuant to Florida Statutes which is comprised
of units that may be owned by one or more persons, and in which there is,
appurtenant to each unit, an undivided share in common elements.
Cooperative apartment building or Co-op. Defined by ChapteF 71-91- Fierida
Statutes. A form of ownership of improved real property under which
there are units subject to ownership by one or more owners, and the
ownership is evidenced by an ownership interest in the association and a
lease or other muniment of title or possession granted by the association as
the owner of all the cooperative property.
Dwelling. Any room or group of rooms located within a building and
forming a single habitable unit, whether occupied or not occupied, with
facilities which are used or intended to be used for living, sleeping, cooking
or eating, unless otherwise indicated herein.
Dwelling Apartment. One or more rooms occupied as a home or residence
for an individual, family or household. The existence of kitchen sink
accommodations and cooking facilities and bathroom facilities within shall
be sufficient to classify such as an apartment.
Dwelling, multiple-family. This term shall be understood to include
apartment buildings, apartment hotels, hotels, motel apartments, motels
and other building of similar use. This term shall exclude condominiums
and cooperatives.
Dwelling, single-family. A building designed for or occupied exclusively by
one family. This term is to be understood to include private homes,
condominiums, cooperatives and bungalows and all other buildings of
similar use.
Dwelling, two-family. A detaching building, divided horizontally or
vertically and designed for or occupied by two single-family housekeeping
units contained under one roof and having one dividing partition common to
each unit or having the ceiling structure of the lower unit the floor
structure of the unit above.
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Enforcing agency. The city department or division designated by the city
manager to enforce the provisions of this chapter.
Enforcing officer. ARy empleyee ef the eRfeFeiRg ageRey ehaFged with the
FespeRs*bility ef mak*Rg iRspeetieRs ef baildiRgs and pFemises and *ssa*Rg
vieiatfeR Retlees when ReeessaFyr The ern shalt be syReRymeas with the
teem "Fede *RspeeteF'-' as defiRed *R this seetieR. Synonymous with the
term "code inspector" as defined in this section.
Floor area. The area measured from the exterior faces of the exterior
walls of the living unit, and half the thickness of the interior partition wall
or walls between living units.
Garbage. The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Habitable room. A room or enclosed floor space used or intended to be
used for living, sleeping, cooking'or eating purposes, excluding bathrooms,
shower rooms, water closet compartments, laundries, pantries, foyers,
connecting corridors, closets, and storage spaces, and space used or
intended to be used as described in commercial building.
Head ef eRfeeeemeRt ageReyv The dieeeteF ef the eity depaetmeRt eF
div sieR desigRated by the City maRageFr
Hotel. A building occupied or intended to be occupied generally by
transient residents, with all residents occupying sleeping units and with
ingress and egress to and from all rooms made through an inside lobby or
office supervised by a person in charge at all times.
Hotel unit. Any hotel room or group of hotel rooms forming a single,
habitable unit used or intended to be used for living and sleeping only and
without cooking facilities. Motel units shall be included in this category.
Infestation. The presence of any insects, rodents, vermin or other pests.
TRspeet*Rg effieeFr SyReRymeas with the teem ueRfeeeiRg effieet" as
defined *R this seetleir
Motel. A building occupied or intended to be occupied by transient
residents tFavel*Rg by aatemebiley with all residents occupying sleeping
units only and ingress or egress may or may not be through a common lobby
or office that is supervised by a person in charge at all times.
Non-dwelling structure. Any vacant or unoccupied building, commercial
building, accessory building, such as a carport, cabana, storage building,
etc., and every fence.
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Occupant. Any person using or having actual possession of any building.
Occupied. Any building or structure used or intended to be used by
persons. The term shall be construed as though followed by the words, "or
intended, arranged, or designed to be occupied".
Operator. Any person who has charge, care or control of a building.
Owner. Any person, firm, corporation or other legal entity, who
individually or jointly or severally with others, holds the legal or beneficial
title to any building, facilities, equipment or premises subject to the
provisions of this chapter. The term shall include the owner's duly
authorized agent, a purchaser, devisee, fiduciary, property holder or any
other person, firm, corporation or legal entity having a vested or
contingent interest or, in the case of a leased premises, the legal holder of
the lease or his legal representative. It is intended that this term shall be
construed as applicable to the person, firm, corporation or legal entity
responsible for the construction, maintenance and operation of the
building, facilities or premises involved.
Person. Individuals, children, firms, associations, joint ventures,
partnerships, estates, trusts, business trusts, syndicates, fiduciaries,
corporations and all other groups or combinations.
Premises. Any occupied or unoccupied building, accessory structure, lot or
parcel of land or any part thereof, used or intended to be used for stores,
commercial or office buildings or residential purposes, including multiple-
family dwelling, single-family dwelling, two-family dwelling, condominium
and cooperative.
Room. Any compartment, in any building, but not including bathrooms,
halls, closets, pantries, storage or equipment spaces.
Rooming house. Any building of multiple family status, where for
compensation and by prearrangement, lodging, meals or lodging and meals
are provided for three or more persons.
Rubbish. All combustible and noncombustible waste materials, except
garbage. The term shall include paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal,
mineral matter, glass and crockery and residue from the burning of wood,
coal, coke and other combustible materials.
Supplied. Paid for, furnished and provided by or under control of the owner
or operator.
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Temporary housing. Any tent, trailer or other structure used for human
shelter which is designed to be transportable and which is not attached to
the ground, to another structure or to any utility system in a permanent
manner.
Vacant. Being without lawful tenant, or lawful occupant or without a
Certificate of Occupancy.
Whenever the words "apartment hotel," "commercial building,"
"condominium," "cooperative apartment building," "dwelling," "dwelling
unit," "hotel," "hotel unit," "premises," "rooming house," and "rooming
unit" are used in this chapter, they shall be construed as though they were
followed by the words "or any part thereof."
Article II. Administration and Enforcement.
Sec. 17B-7. Cede €afeieemeat O fieeF - 14ifeeteF of Cede €Riefeemeet
designatedt assistaatsr City manager's designee, assistants; code inspector.
The effiee ef eede eRfeFeemeRt effieeF is heFeby designated to be the
dtFeeteF ef eede eRfeFeementr The City manager shall appoint a designee
to administer and enforce the provisions of this chapter. The City manager
shall appoint such assistants to the dtFeeteF ef eede eRfeFeemeRt designee
as may be necessary in order that his duties may be properly performed,
subject to budget limitations. The office of code inspector is hereby
designated to be an assistant to the city manager's designee. The
organization and administrative operating procedures of sueh the city
office enforcing this chapter and its relationship and coordination with
other administrative departments, agencies, officials and employees of the
city government shall be established and placed in effect, from time to
time, by administrative order of the city manager.
Sec. 17B-8. Same - Powers and duties generally.
The duties, functions, powers and responsibilities of the code inspector
eRfeFeemeRt effieeF shall include the following:
(a) The enforcement of the provisions of this chapter and rules and
regulations promulgated hereunder, and all city ordinances, codes, rules
and regulations pertaining to housing and commercial buildings and the use
and occupancy of buildings, and all rules and regulations of the state board
of health and the state hotel and restaurant commission, in cooperation
with such state agencies.
(b) Investigate complaints, make a continuing study of all buildings,
structures and lots in the city, institute actions necessary to abate
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violations of all city and state regulations governing the use and occupancy
of such buildings structures and lots and prosecute proceedings for
violations of this chapter.
(c) Make appropriate surveys and inspections to determine whether the
provisions of this chapter are being complied with and whether minimum
standards are being maintained.
(d) Make inspections of all buildings, premises, or facilities and equipment
in accordance with procedures prescribed by this chapter to determine
whether the provisions of this chapter are being complied with and make
recommendations for methods by which minimum standards may be more
effectively maintained.
(e) Render all possible assistance and technical advice to persons operating
and maintaining any building facilities, premises and equipment.
(f) Establish, operate and maintain a continuous program for monitoring
and inspection of buildings in the city, designed to provide accurate data
and information as to whether the minimum standards established by this
chapter are being complied with and whether the level of adequate housing
and commercial property facilities is increasing or decreasing in the city.
(g) Publish and disseminate information to the public concerning all
matters relating to property maintenance standards and the advantages of
such adequate facilities.
(h) Make periodic reports concerning the status of property maintenance
standards and the enforcement of the provisions of this chapter, and
recommendations concerning the improvement of minimum standards and
controls.
(i) Perform such other administrative duties as may be assigned by the city
manager.
Sec. 17B-9. Same - Identification.
The code inspector enfeEeement effieeF and all assistants shall be furnished
with official identification cards signed by the d*FeeteF of Bede
enfeFeement7 city manager's designee which identification cards shall
contain the name of the effi€eF7 inspector, his photograph, pertinent
descriptive identifying information and such other matters designed to
facilitate recognition by the public of the status of such official. Upon
request, the code inspector eAfeFeement effieeF and assistants shall exhibit
such identification when entering any building or premises. The
requirements of this section shall not in any way be construed as relieving
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the code inspector eRfeFcemeRt effieeF or assistants from compliance with
the procedures prescribed in this chapter for making inspections.
Sec. 1713-10. Same - Records; duty to make record searches and issue
certificates thereon.
All records of the code inspector eRfeFeement effieeF shall be public.
Upon request, the code inspector,enfeFeemeRt efficeF shall be required to
make a search of the records maintained under his supervision and control
and issue certificates concerning violations and as to whether the property
involved has been inspected and whether or not any violations have been
found to exist in respect thereto. The code inspector enfeFcemeRt effieeF
shall have the power and authority to charge and collect reasonable fees
for making such searches and certificates.
Sec. 17B-11. Same - Inspection of buildings.
The enforcing agency is hereby authorized and directed to make
inspections after written notice by the diFecteF ef Bede enfeFeemeRt city
manager's designee or assistants setting forth the time and date inspection
is to be made to determine the condition of all buildings and premises. For
the purpose of making such inspections, the inspecting ef€iceFs code
inspectors of the enforcing agency are hereby authorized to enter, examine
and survey between the hours of 9:00 A.M. and 5:00 P.M. all buildings or
any other structures or premises. The owner, operator or occupant of
every building or the person in charge thereof, shall give the inspecting
efficeF code inspector free access at all reasonable times for the purpose
of such inspection, examination and survey, and shall supply as correctly
and promptly as possible all information requested by the code inspector or
enforcing agency inspeeting office.- Every occupant of any building shall
give the owner thereof, or his agent or employee, access to any part of
such building or its premises at all reasonable times for the purpose of
making such repairs or alterations as are necessary to effect compliance
with the provisions of this chapter or with any rule, regulation or lawful
order issued pursuant to the provisions of this chapter. Failure to permit
an inspection to be made in compliance with the provisions of this section
shall constitute a violation of this chapter and shall subject the violator to
the penalties prescribed herein.
See* 1,7B-12.- Same - Besignatien of Wilding* etey unfit feF human
habitatient plaeaFding of unfit buildings;condemnation of unfit buildings,
The designatien ef buildings as unfit feF human habitatien and the
pFeeeduFe feF eendemnatien and piacaFdingr as unfit feF human habitation,-
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of such unfit buildings, shall be eaFF*ed eat in eemplianee with the
fellewiRg Fequirements+
ca} Any building which shall be found to have any of the fellewing
defects shall be designated by the eRfereement effi€eF as unfit feF human
habitatieR and shall be se plaeaFded:
One which is se damaged, decayed, dilapidated, unsanitary, unsafe eF
veFm+R-}Rfested that it a eates a serious hazaFd to the health eF safety of
the eeeupaRts eF ef the public,
(2). ORe which lacks illumination, ventilation eF saR*tat*eR facilities
adequate to protect the health OF safety of the eeeupants eF of the public,
(3} One which, because of its general cendit*en eF lecation, *s unsanitaFy,
eF etheFwise dangeFeus to the health eF safety of the occupants OF of the
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Eb} any building deelaFed unfit feF human habitation by the enfeFeing
agency shall be se designated by pest*Rg a placard in a eeRspieueus place OR
the stFaetuFer
(-e} A building condemned and plaeaFded as unfit feF human habitation shall
be vacated within thirty days as eFdeFed by the enfeFeing agency and shall
net be used feF occupancy again until wF*tten appFeval is seeured fFem, and
the plaeaFd Femeved by, the enfeFeing ageReyr The enfeFeing agency shall
eFdeF the Femeval of the plaeaFd whenever the defect OF defects upon
which the eeRdemnat*en and plaeaFdiRg aetiens were based, have been
eliminated,
(d} Ne persen shall deface OF Femeve the plaeaFd fFem any building which
has been condemned as unfit feF human habitation and placarded as such,
except as previded iR subsection (.e}of this section,-
(e). Any peFseR whose pFopeFty has been plaeaFded as unfit feF human
habitatieR may Fequest and shall be granted a hearing en the matteF befeFe
the pFepeFty maintenance standards appeals beaFd ef the city,
(f)- Where the enforcement efficeF deteFmines that a building is an unsafe
building within the pFevisieRs of section 282 of the Seuth FleFida �dild*Rg
Cede, he shall immediately FepeFt the matteF to the building efficialr
Seer 1713-1.24 HOwoeFs - Duty to Relocate Residents!
(-a} Within twenty-feuF (24} heuFs from the time that an occupied building
is declared unfit feF human habitatien and plaeaFded, the ewReF shall make
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all necessary arrangements to relocate the residents therein into
comparable heusingT which is safer sanitary and secure and pay the
expenses involved in such relocation.-
03). If the owner shall fail to take the necessary steps to provide for the
relocation of displaced residents.- and City personnel will be empowered te
assist in said relocation.- then the owner shall pay all expenses ineuwFed by
the Cityi payment te occur within seven (7) days from receiving an
itemization of expenses ineaFFed in the relocation.-
(c)- If the owner shall fail to pay City-incurred expensess a lien against the
realty and personality of said ewnee shall be filed in the public records of
Bade County!. Florida and shall be of a dignity equal to liens filed fee ad
valorem taxation.. Said lien shall carry an interest rate at the maximum
rate provided Section 62.7T92r Florida Statutes El9& ).. Upon foreclosure
of said IienT the city shall be entitled to atteeneyis fees and costs.-
Sec. 17B-t3.12. Same - Issuance'of notice of violation.
Whenever the code inspector enfereement efficee finds and determines
that there has been a violation of the minimum standards established by
this chapter, he shall give notice of such violation to the person or persons
responsible for such violation. Such notice shall be in writing and in the
form approved by the dieectee of the code enforcement department city
manager's designee or assistants and shall specify the violation. Such
notice shall be served upon the person or persons responsible for the
violation. Such notice shall be deemed to be properly served and binding
upon the person or persons responsible for the violation and upon the
facilities or premises involved, if a copy is served personally or served by
certified mail or if, after diligent search and inquiry, the person or persons
responsible for the violation cannot be found or served by personal service
or certified mail, a copy of the notice is posted in a conspicuous place on
the facilities or premises involved. Notices of emergency violations as
defined in Section 17B-13 may be posted. As an additional or
supplementary method of service, service of a Notice of Violation may be
had upon an owner by serving any person who has been designated by such
owner to collect rents with respect to the subject property. The fact that
any tenant has paid rent in any preceding month to such person, and that
such tenant has failed to receive any written notice or protest from the
owner with respect to said payment within ten days of the date such
payment was made, shall be deemed prima facie evidence that such person
has been designated by the owner to collect rents with respect to such
premises. Such designation shall be presumed to continue until such time
as the owner or the person designated shall in writing notify the tenant
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otherwise. The Notice of Violation shall specify that the violation must be
corrected or a building permit for the work required to correct the
violation must be obtained from the appropriate city department city eede
eRfeFeemeRt depa4tmeRt within the time specified in the notice, and that
final compliance must conform to the requirements of the South Florida
Building Code, the city Zoning Ordinance, and any other applicable
ordinances of the city. Such notice may contain an outline of the remedial
action which, if taken, will constitute compliance with the requirements of
this chapter. Such notice shall inform the person or persons to whom it is
directed of the right to apply to the property maintenance standards
appeals board for a variance or an appeal of the administrative decision in
accordance with Section 17B-15.14 of this chapter. The person or persons
served with such notice shall have five days after receipt of such notice to
give written notice to the diFeeteF of Eede eRfeFeereRt city manager's
designee or assistants of the eity of their intention to comply with such
notice, and shall have five days thereafter to present a certificate of
compliance, or a certificate evidencing that corrections-of such notice of
violation has commenced, to the dileeteF of Eede eRfeFeemeRt city
manager's designee or assistants or notice that they are exercising their
right of appeal to the property maintenance standards appeals board. If
the violations have not been corrected within the time specified in the
notice, and no appeal of an administrative decision or application for
variance has been submitted by the property owner, the code inspector
eRleFeerigeRt effieeF is hereby empowered and directed to record a copy of
all notices of violation in the public records of the county and to seek
compliance. The cost or fee for the recording of such notice of violation
and of recording the certificate of compliance with such notice shall be
chargeable to the owner of the premises involved, or the person responsible
for such violation. A certificate of compliance shall be executed by the
code inspector eRfeFeemeRt effieeF upon request of the legal or beneficial
owner of the premises when the violations have been corrected, as
determined by the code inspector eRfeFeemeRt effieerT and the costs of
recording the original notice of violation shall have been paid. In the event
that the code inspector eRfeFeemeRt effieeF shall refuse to execute a
certificate of compliance when requested because he has determined that
the violations have not been corrected, such determination may be
appealed to the property maintenance standards appeals board in the same
manner as provided for appeal of an original order.
Sec. 17B-14.13. Same - Power to act in emergencies; emergency order.
For the purpose 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 code inspector eRfeFeemeRt effieeF finds that a violation of
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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 effieeF 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-13.12 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, roof leakage
(temporary repair), broken windows, stoves, refrigerators and flooding and
broken pipes. Notwithstanding any other provision of this chapter, such
emergency order shall be effective immediately or as otherwise provided.
Sec. 17B-15.14. Same - Appeals from actions or decisions.
Any person aggrieved by any action or decision of the code inspector
eefeFeemeRt effieeF may appeal to the property maintenance standards
appeals board by filing with the board, within ten days after receipt of the
notice of violation, or within twenty-four hours in cases of emergency
orders pursuant to section 17B-14.13 a written notice of appeal which shall
set forth concisely the action or decision appealed from and the reasons or
grounds for the appeal. A notice of appeal form shall be provided by the
city manager's designee and a filing of two hundred fifty dollars ($250)
shall accompany the notice of appeal. The only appeal that shall be
considered are those appeals that allege that there is error in any order,
requirement, decision, or determination made by an administrative official
in the enforcement of this chapter. No requests for extension of time will
be permitted. The board shall set such appeal for hearing on the very next
agenda following such notice of appeal and cause notice thereof to be given
to the appellant and the code inspector eefeFeereeRt effieeF, 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 with or nullifies any of the provisions of this chapter. The
decision of the board shall be final, and no rehearing or reconsideration
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.
Sec. 17B-16.15. When notice of violation or emergency order constitutes
final order.
Any notice of violation provided for in section 17B-13.12 shall
automatically become a final order in the event that no appeal from the
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notice of violation is filed with the property maintenance standards appeals
board within ten days after the date of service of the notice of violation,
other than emergency orders, as set forth in section 17B-14.13. Any
emergency order provided for in section 17B-14.13 shall automatically
become a final order in the event that no appeal from the emergency order
is filed with the property maintenance standards appeals board within
twenty-four 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 board affirming or modifying any
action or decision of the code inspector eRfeFeemeRt effieeF 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 board. The
costs of the recording of the order and satisfaction thereof shall be borne
by the legal or beneficial owner of the premises involved.
Sec. 17B-17,16. Property maintenance standards appeals board -Created;
composition.
The property maintenance standards appeals board is hereby created and
established. The board shall consist of the members of the board of
adjustment.
Sec. 17B-21.17. Same - Powers and duties generally.
The property maintenance standards appeals board shall have the following
duties, functions, powers and responsibilities:
(a) Hear and determine appeals from actions and decisions of the code
inspector eafepeerneRt effieeF in accordance with the provisions of section
17B-15.14, except that no appeals for extensions of time for compliance
shall be heard.
(b) The board shall have the power and authority to hear and pass upon
applications for variances or waivers of the provisions of this chapter.
Such applications shall be granted only in instances where the deviations
from the minimum standards herein provided are of a minor character and
it appears that substantial compliance with the minimum standards has
been made by the applicant and that the granting of a variance or waiver
would not be detrimental to the occupants or to the public health, safety
and welfare.
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•
(c) To adopt, revise and amend from time to time appropriate rules and
regulations reasonably necessary for the implementation, effective
enforcement, administration and interpretation of the provisions of this
chapter and the minimum standards prescribed herein and to provide for
the effective and continuing establishment and enforcement of reasonable
minimum standards within the framework of the chapter. No such rules
and regulations shall be adopted or become effective, including
amendments, until after a public hearing has been held by the board
pursuant to notice published at least ten days prior to the hearing and until
such rules and regulations have been approved by the city commission.
When approved by the city commission, such rules and regulations shall
have the force and effect of law.
(d) To make continuing studies and periodic reports and recommendations
for the improvement of minimum standards for the city and to work in
cooperation with all federal, state and local agencies interested in property
maintenance standards and the elimination of slums and blighted areas. To
publicize the importance of adequate minimum standards, to hold and
conduct public hearings, discussions, forums and institutes, to arrange
programs for the presentation of information by experts in the field of
housing and slum clearance and to visit and study housing programs
conducted in other metropolitan areas.
Sec.17B-22.18. 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 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 previsions of this
chapter, or any lawful final order issued hereunder, such person, open
eeRvietieR ef sueh offense). shall be punished by a fine net to exceed five
hundred dellaFsr eF by impr-isenment Ret to exceed thirty days iR the city
ai er beth at the diseFetien of the eeurt shall be subject to enforcement
procedures before the Miami Beach Code Enforcement Board and to
penalties as set forth in Miami Beach City Code Chapter 9B. Each day ef
eentiRaed vielatieR shall be eeRsideFed as a separate effeRse, hewever the
imprisonment previsien ef this seetieR shall net be applicable to mere than
one vielatieR en eeRseeutive dates* The previsions ef this ebapter and final
eFdeFs issued in aeeerdaRee with the previsiens of this ehapter may be
enfereed by mandatory iRfaRetieR RP ether appropriate civil aetieRr
As a cumulative and supplemental method of enforcing the remedial
purposes of this chapter, the code inspector eRfereement effieer is
authorized, empowered and directed, in the event of a willful and
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intentional failure or refusal to obey or comply with the requirements of
any final order issued in accordance with the provisions of this chapter 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 eafeFeemewt effieeF shall have the right to reject any or all
bids, and if all bids are rejected, the code inspector eRfeFeemeRt effieeF
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 eRfeFeemeRt effieeF shall prepare an appropriate
claim of lien which shall set forth the following: A description of the lots
and parcels of land involved, the name of the owner of each lot or parcel
where such can be ascertained from the city records and the total cost of
the work and materials which, if made by contract, shall be the price
named therein, or the price computed from unit prices named therein,
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 in all cases the amount of incidental
expenses, estimated or actual. Such claim of lien shall thereupon be filed
of record in the public records of the county and shall be of a dignity equal
to liens filed for ad valorem taxation; said claim of lien shall be
dischargeable upon payment thereof in the same manner as other claims of
lien for taxes or special assessments are discharged and satisfied with
interest at the maximum rate allowable by state statutes ef ten peFeeRt
(le%}.
Sec. 17B-23.19. When tenant authorized to terminate a rental agreement
OF withheld paFtial payment e€ Fent} payments to be held eseFew by
beaFd of appeals.-
In
ppeals.In the event that the cede eRfeFeemeRt effieeF has dal} seFved a Retiee ef
vielatieR Rpen the peFsen FespeRsible theFefeF and Re timely appeal fFem a
Retiee ef violation has been filed with the pFepeFty maiRteRaRee standaFds
appeals beaFd by the landleFdt landlord materially fails to comply with the
minimum standards in Article III of this chapter; or, in the event that a
building has been duly designated as being unfit for occupancy in
accordance with Miami Beach Code Chapter 17A and the time for filing an
appeal from such designation or determination has expired or, in the event
that a timely appeal has been taken by the landlord, and the decision or
determination of the code inspector eRfeFeemeat effieeF is affirmed; and if
the tenant is etiFFeRt in the payment ef his Fent at the expiFatieR ef the
time feF appeal eF at the time ef the affiFinaRee by the pFepeFty
maiRteRaRee standaFds appeals beaFd ef the decisieR eF deteFmiRatieR ef
the cede eRfeFeemeRt effieeF and theFe is en file in the effieial FeeeFds ef
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the City's cede enfereement department certifieatien by the cede
enfeFeement officer that such landlerd has failed to €erred the violation
invelved,- then the tenant is authorized and empewered te withheld the
further payment ef Fent to the landleFd until such time as the violations
found and deteFmined te exist by the cede enfeFeement officer shall have
been eeFFectedf previded,- hewever,- that the tenant=s Fight te suspend the
payment of further Fent is eenditieRed upon paying the Fent due,- and
thereafter te become due,- into an eserew fund eFeated and maintained by
the pFepeFty maintenance standards appeals beard in an appFepFiate bank
aeeeuRtr Immediately upon the city cede enfereement effieer having
certified that the violation eF violations have been eerreeted,- such effi€er
shall ferthwith cause the payment ef the withheld Feat te be made te the
landleFdr The willful withholding of Fent by a tenant,- without being se
autheFized to de se by the previsions ef this seetien,- shall be deemed te be
a violation ef this ehapterr and in the event that the tenant has delivered
written notice to the landlord specifying the noncompliance and indicating
the intention to terminate the rental agreement and the landlord has failed
to materially comply within 7 days after delivery of said notice, then the
tenant may terminate the rental agreement, or the parties may agree to
alter the agreement in accordance with Section 83.56 of the Florida
Statutes (1985).
Sec. 17B-24.20. Review of final actions or decisions by circuit court.
Any person jointly or severally aggrieved by any final action taken or final
decision rendered pursuant to the provisions of this chapter, may seek to
have such action or decisions reviewed by the circuit court of the county
by petition for certiorari in the manner prescribed by the rules of court;
provided, that such person shall have first exhausted the administrative
remedies provided for in this chapter.
Article III. Minimum Standards.
Sec. 17B-25.21. Basic equipment, facilities and utilities.
All buildings vacant or occupied shall comply with the following
requirements:
Ne persen shall eceupy eF let to aRetheF persen fer eceupaRey,- any building
which does net comply with the following requirements.
(a) Every area designed and used for the purpose of cooking in a building
shall contain a kitchen sink in good working condition and properly
connected to an approved water system and sewer system. It is the intent
of this section to exclude hotel units.
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(b) Every single-family dwelling, two-family dwelling and apartment unit
shall contain a room which affords privacy to a person within such room
and which is equipped with a flush water closet, lavatory basin and bathtub
or shower in good working condition and properly connected to an approved
water system and sewer system. Every commercial unit, except office
• buildings, shall have a room which affords privacy to a person within such
room and which is equipped with a flush water closet and a lavatory basin
in good working condition and properly connected to an approved water
system and sewer system; except, where more than ten employees are
employed on the premises, in which case there must be two such facilities,
one designated for men and one designated for women. Office buildings
and restaurants shall have one such facility designated for men and one
such facility designated for women. The common areas of hotels and
office buildings shall provide one such facility, properly designated for
each sex. This is not intended to include office buildings or accessory uses
in hotels and apartment hotels where such facilities are provided for the
public.
(c) Every kitchen sink, lavatory basin and bathtub or shower required under
the provisions of this section shall be properly connected with both hot and
cold water lines.
(d) Every dwelling and commercial building where there are cooking
facilities within shall have water heating facilities which are properly
installed, maintained in safe and good working condition and properly
connected with the hot water lines required under the provisions of
subsection (c) of this section and which are capable of heating water to
such a temperature as to permit an adequate amount of water to be drawn
at every required kitchen sink, lavatory basin, bathtub or shower.
(e) Every occupied dwelling, excluding hotel units, shall be provided with
properly installed cooking facilities having at least two top burners.
Vacant dwellings shall be provided with utility connections for such
facilities.
(f) Every building shall have adequate garbage disposal facilities or
garbage storage containers.
(g) Every building shall have two safe and unobstructed means of egress
leading to an open space at ground level.
fj21 Exception., This section shall not apply to boarded buildings as defined
in Section 17B-6.
•
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•
Sec. 17B-26.22. Light and ventilation; door and window screens; electrical
outlets.
All buildings vacant or occupied shall comply with the following
requirements:
Ne petseR shall eeeu y eE let to aRetheF peFseR fete eeeupaReyr any building
which lees Ret eemply with the feilewiRg FequiFermeRts-
(a) Every habitable room shall have at least one window or skylight facing
directly to the outdoors. The minimum total window area which provides
light to each habitable room shall be not less than ten percent of the floor
area of such room. Whenever exterior walls or other light-obstructing
structures are located less than three feet from the window, such window
shall not be deemed to face directly to the outdoors and shall not be
included in the required minimum total window area. Whenever the only
window in a room is a skylight type window located in the top of such
room, the minimum total window area of such skylight shall be not less
than fifteen percent of the total floor area of the room.
(b) Every habitable room shall be ventilated by openable areas equal to
fifty percent of the required minimum window area, as set forth in
subsection (a) of this section or by equivalent mechanical ventilation as
approved by the code inspector eRfeFeer eRt effieeF
(c) Every bathroom, shower room and water closet compartment shall
comply with the light and ventilation requirements for habitable rooms
contained in subsections (a) and (b) of this section; except, that no window
or skylight shall be required in adequately ventilated bathrooms, shower
rooms and water closet compartments equipped with an approved
mechanical ventilating system which automatically becomes operational
when the bathroom switch is turned on.
(d) Every door, window or other device opening to outdoor space and used
or intended to be used for ventilation shall be provided with an approved
type of screen for protection against mosquitos, flies and other insects.
(e) Every opening beneath a building, including basement or cellar windows
and crawl space, shall be equipped with an approved type of screening or
lattice work to keep out any animals.
(f) In all areas where electric power service is available, every habitable
room shall contain at least two separate and properly installed wall-type
electric outlets or one such outlet and one properly installed ceiling-type
electric light fixture. Every bathroom, shower room, water closet
compartment and laundry room shall contain at least one properly installed
ceiling or wall-type electric light fixture. All electrical devices shall be
properly installed and located to prevent electrical shock to any person.
-21-
s
(g) Every hall and stairway located in a structure used for human
habitation shall be provided with not less than one foot candle of natural
light throughout or with properly installed electric lighting facilities which
provide not less than one foot candle of illumination throughout and which
are controllable by the occupants of the structure and available at all
times.
Exception. This section shall not apply to boarded buildings as defined
in Section 17B-6.
Sec. 17B-27.23. Safe and sanitary maintenance of structure and facilities.
All buildings vacant or occupied shall comply with the following
requirements:
Ne petseA shall eeeupy eF let to aRetheF peFseR feF eeeupaReyr aAy b ii4E141g
whieh lees het eemply with the fellewlRg FegH4FemeRtsr
(a) All foundation wails shall be structurally sound, reasonably rodentproof
and maintained in good repair. Foundation walls shall be considered to be
sound if they are capable of bearing imposed loads and 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 rodentproof 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 eA€eFeemeat
effieeFT unless such surface is covered by paneling, wallpaper or other
similar covering in which event such shall be thoroughly washed and
scrubbed whenever deemed necessary by the code inspector eRfeFeemeRt
effieeN- Whenever repair or repainting of a portion of any interior part
shall be required, the entire interior of that room shall be repainted.
(c) Every inside and outside stairway and porch and every appurtenance
thereto shall be maintained in a safe condition and shall be capable of
supporting loads which normal use may impose.
(d) Every chimney and smoke pipe and all flue and vent attachments
thereto shall be maintained in such condition that there will be no leakage
or backing up of smoke and noxious gases into the dwelling.
-22-
•
(e) All exterior surfaces subject to deterioration shall be properly
maintained and protected from the elements by paint or other approved
protective coating applied in a workmanlike fashion.
(f) Every plumbing fixture, water pipe, waste pipe and drain shall be
maintained in good sanitary working condition, free from defects, leaks and
obstructions.
(g) The floor surface of every water closet compartment, bathroom and
shower room shall be maintained so as to be reasonably impervious to
water and so as to permit such floor to be easily kept in a clean and
sanitary condition.
(h) Every supplied facility, piece of equipment or utility supplied by the
owner FegaiFed iA this ehaptei shall be maintained in a safe and
satisfactory working condition. No owner or occupant shall cause any
service, facility, equipment or utility Fequiped iA this eI apteF currently
supplied to be removed from or 'discontinued for any occupied building,
except for such temporary interruption as may be necessary while actual
repairs, replacements or alterations are in process. This section also
includes every refrigerator, stove, elevator, telephone service or air
conditioner paid for, furnished or provided by or under the control of the
owner or operator dEtFiRg the peFied of a FeRta4 agFeemeRt whether
required by this chapter or not so required.
(iZ Exception. Section 17B-23(b), (c), (d), (f), (g), and (h) shall not apply to
boarded buildings as defined in Section 17B-6.
Sec. 17B-28.24. Living space, size, use and location requirements.
All buildings vacant or occupied shall comply with the following
requirements:
Ne peFseR shall eeeepy AF let to aRetheF peFseA feF eeeapaRey any building
whieh dees Ret earn* with the fellewiRg FequiFermeAtsr
(a) In every dwelling of two or more rooms, every room occupied for
sleeping purposes by one 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.
(b) At least one-half of the floor area of every habitable room shall have a
ceiling height of at least seven feet.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
(c) No dwelling containing two or more sleeping rooms shall be so arranged
that access to a bathroom, shower room or water closet compartment
intended for use by occupants of more than one sleeping room can be had
only by going through another sleeping room or outside the structure, nor
shall room arrangements be such that access to a sleeping room can be had
only by going through another sleeping room, bathroom, shower room or
water closet compartment.
(d) No cellar or basement space shall be used as a habitable room.
(e) Exception. Sections 17B-24(a), (b) and (c) shall not apply to boarded
buildings as defined in Section 17B-6.
Sec. 17B-29.25. Hotels and rooming houses.
All buildings vacant or occupied shall comply with the following
requirements:
Ne peFsen shall epeiate a betel OF seem Rg heese OF shall eeeuby eF let to
aRetheF fete eeeupaney any hete4 unit ei Feemlag unity whieb (lees net meet
with all of the etheF stag(laFds of this ebapter-r exeept as pFevided by the
fellew*Rg PequiFemeRts+
(a) No person shall operate a hotel or rooming house unless he has
complied with all of the licensing and permit requirements of the city.
(b) Every room used for sleeping purposes which is constructed after the
effective date of this ordinance shall contain at least one hundred square
feet of floor area and every such room occupied for sleeping purposes by
more than one person shall contain an additional one hundred square feet of
floor space. Every room used for sleeping purposes which is constructed
prior to the effective date of this chapter 3 shall contain at least seventy
square feet of floor area exclusive of closets and toilets and every such
room occupied for sleeping purposes by more than one person shall contain
an additional ninety square feet of floor space. In every room occupied for
sleeping purposes, the shortest dimension of any wall shall be not less than
eight feet and shall have an average floor to ceiling height of at least eight
feet.
(c) At least one flush water closet, lavatory basin and bathtub or shower,
properly connected to a water and sewer system approved by the county
health officer and in good working condition, shall be supplied for each
eight persons or fraction thereof residing within a hotel, motel or rooming
house, including members of the operator's family whenever they share the
use of such facilities; provided, that in a rooming house where rooms are
let only to males, flush urinals may be substituted for no more than one-
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•
half the required number of water closets. All such facilities shall be so
located within the dwelling as to be reasonably accessible from a common
hall or passageway to all persons sharing such facilities. Every lavatory
basin and bathtub or shower shall be supplied with hot and cold water at all
times. No such facilities shall be located in a basement, except by written
approval of the county health officer.
(d) No cellar or basement space shall be used as a habitable room or as a
hotel unit or rooming unit.
(e) The operator of every hotel, hotel unit or rooming house shall change
supplied bed linen and towels at least once each week and prior to the
letting of any room to any occupant. The operator shall be responsible for
maintaining all supplied bedding in a clean and sanitary manner.
(f) The operator of every hotel, hotel unit or rooming house shall be
responsible for the sanitary maintenance of all walls, floors, ceilings and
other parts and he shall be furth€r responsible for the sanitary maintenance
of the entire premises where all of the building is under the control of such
operator.
(g) Every window of every hotel unit or rooming unit shall be supplied with
shades, draw drapes or other devices or materials which, when properly
used, will afford privacy to the occupant of the hotel unit or rooming unit.
(h) If one or more persons occupy one or more hotel units or rooming units
located on any floor above the ground floor of any hotel, hotel unit or
rooming house, there shall be at least two safe and unobstructed exits from
such floor leading to a safe open space at ground level. Each exit shall be
easily accessible from every hotel unit or rooming unit on the specified
floor without passing through any other hotel unit, rooming unit or any
other building. All exit stairways shall have at least one griprail not less
than forty-two inches above the stairway treads. Stairways open on both
sides shall have such a griprail on each side.
(i) The operator of every hotel or rooming house shall be responsible for
keeping the premises free from the accumulation of rubbish at all times.
(j) The operator of every hotel, hotel unit or rooming house shall be
responsible for the prompt and sanitary disposal of all garbage.
(k) The operator of every hotel, hotel unit or rooming house shall be
responsible for providing and hanging all window and door screens; this
shall not apply if air conditioning is provided.
-25-
s
(1) The operator of every hotel, hotel unit or rooming house shall be
responsible for the extermination of any insects, rodents, vermin or other
pests therein and shall be further responsible for such extermination on the
entire premises where all of the building within which the hotel or rooming
house is contained is leased or rented by the operator. Whenever
infestation is caused by failure of the owner to maintain the building in a
reasonably insectproof or ratproof condition, extermination shall be the
responsibility of the owner.
(m) It shall be the duty of the operator of every hotel, hotel unit or
rooming house to report to the county health department, within twenty-
four hours, the name of any person living in the hotel or rooming house who
is believed to be afflicted with any communicable disease.
Exception. Sections 17B-25 (a), (b), (c), (e), (g), (h), (k)1 (j and (m)
shall not apply to boarded buildings as defined in Section 17B-6.
3 Passed and posted May 1, 19'74, effective immediately.
Sec. 17B- 2 .26 Adult congregate living facilities.
(a) In addition to the property maintenance minimum heesicg standards set
forth in this chapter, adult congregate living facilities must comply with
the following requirements, which shall control in case of conflict:
E0(21 Facilities must be in conformance with all provisions of the South
Florida Building Code, Fire Code, and the H.R.S. Fire Safety
Standards for adult congregate living facilities.
(2)( All facilities, with enclosed hallways, shall have sprinkler systems in
hallways and bedrooms.
(3)Lc.1 Smoke detectors are required in each bedroom.
(4)( All bedrooms, dining and indoor recreation areas shall be heated and
air conditioned.
(-.5)tel All facilities of more than two floors shall have an elevator large
enough to carry a stretcher 76" by 24" in a horizontal position.
(6)( Each bedroom and bathroom shall have emergency call buttons.
(7)Sg1 A bathroom shall be provided for each two ACLF units.
(SU Units including bedrooms, bathrooms and closets shall be a minimum
of 200 square feet for the first two occupants in each unit; for each
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•
additional person, another 100 square feet shall be added excepting
facilities with valid city and H.R.S. licenses as ACLF's as of the effective
date of this Section.4
(9) Each communal areas-for eating and recreation shall eaeM be no less
than 20 square feet per person aid such areas may be contiguous to one
another.
(40X,j Facilities must be in conformance with H.R.S. guidelines regarding
availability of staff personnel on the premises.
EbXI All facilities holding H.R.S. licenses as ACLF's when this section
becomes effective must comply with all provisions of this section within
twelve (12) months of the effective date.
4 The ordinance from which this section derives became effective June 25,
1983.
Sec. 17B-30.27. Non-dwelling structures and fences.
All buildings vacant or occupied shall comply with the following
requirements:
(a) Every foundation, exterior and interior wall, roof, floor, ceiling window
and exterior door shall be structurally sound and maintained in good repair.
(b) Every accessory structure shall be kept in a reasonably clean and
sanitary condition free from rodents, insects and vermin.
(c) The roof of every accessory structure shall be well-drained of rain
water.
(d) All exterior surfaces subject to deterioration shall be properly
maintained and protected from the elements by paint or other approved
protective coating, applied in a workmanlike fashion.
(e) Every plumbing fixture, water pipe, waste pipe and drain shall be
maintained in good sanitary working condition, free from defects, leaks and
obstructions.
Sec. 17B-31.28. Responsibilities of owners and occupants.
All buildings vacant or occupied shall comply with the following
requirements:
-27-
Ne peFsea shall ee€apy OF let to aaetheF peLsea leF ee€apaa€y aRy letr
pFem+sesT lap bdi-ldtag whieb does Ret eemply with the €ellewiRg
Fega4Fermeatsr
(a) Every building shall be clean, sanitary and fit for occupancy.
(b) Every occupant of a building shall keep in a clean and sanitary
condition that part of the building and premises thereof which he occupies
and controls, including yards, lawns, courts and driveways.
(c) 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 thereof.
(d) 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.
(e) Every occupant of a building shall keep all plumbing fixtures, sanitary
facilities, appliances and equipment therein in a clean and sanitary
condition and shall exercise reasonable care in the proper use and operation
thereof.
(f) 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
subsection (f) of section 17B-21.
(g) 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 therein or on the premises;., however, the
extermination of termites, and other insects which destroy the structure of
the building, shall be the sole responsibility of the owner. In the event
there is more than one unit in a building, whether owned by individual or
multiple owners, including condominiums, co-operatives, townhouses,
duplexes, etc., the owner or owners shall be responsible for the
extermination of all insects, termites, and other insects which destroy the
structure of the building, rodents or other pests therein 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
or owners. The owner or owners shall be responsible for adequate
substitute sleeping facilities of all occupants during the period of
extermination for termites or structural infestation.
-28-
S
•
(h) 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 chapter, and shall repair
or replace them when necessary.
(i) Every owner shall grade and maintain the exterior premises so as to
prevent the accumulation of stagnant water thereon.
(j) 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.
(k) Where a refrigerator, stove or air conditioner, whether individual units
or central air conditioning are supplied by the owner, it shall be the duty
and responsibility of such owner to maintain them 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 such owner to operate the same continuously, maintaining a continual
temperature range between seventy degrees and seventy-six degrees based
on normal outside temperature and humidity factors, on a twenty-four 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 such
owner to maintain such units so as to be capable of maintaining a continual
temperature range between seventy degrees and seventy-six degreees on a
twenty-four hour basis. The owner or operator of a commercial building
shall be required to operate central air conditioning only during normal
business hours.
(1) Every owner, or owner's his agent, of a building which 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 his manager, except, that this paragraph shall not
apply where there is a resident agent on the premises. Every owner who
does not maintain his principal residence within Dade County, Florida shall
be required to designate, in writing, to the eede eRfeFeereMM deeteF of
the Myr city manager's designee some legally competent person who shall
be designated as the owner's agent and who shall reside within Dade
County. Such person shall be authorized by the owner to accept notices of
violation, process, and other communications relating to the enforcement
of this code. The owner shall obtain the acceptance of such designation
from the person so designated in writing and file same with the eede
erfeFeemeRt difeeteF city manager's designee at the time the designation
is filed. In the event the designated agent resigns, retires, is terminated or
the agency relationship is otherwise terminated, the owner shall forthwith
appoint another agent. The code inspector eRfeFeerfleht effieeF is
authorized and directed to prescribe a form for the purpose of
implementing this section. The information to be provided on the form
-29-
s
shall include the name and residence address and telephone number of the
owner and designated agent, the address of the building, 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.
(m) 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 of Miami Beach's Zoning
Ordinance are exempted from this section.
Lril Every tenant shall provide reasonable access to repairmen or other
services required to rectify violations; provided, that the landlord's
representative or the tenant is on the premises.
Exception. Sections 17B-28(a), (e), (h), (k), and (n) shall not apply to
boarded buildings as defined in Section 17B-6.
Sec. 17B-29 Responsibilities of owners of vacant buildinis, vacant
structures and vacant or unimproved lots.
All vacant buildings, vacant structures and vacant and unimproved lots
shall comply with the following requirements:
(a) Every owner of a vacant building, structure or lot shall keep the
premises in clean and sanitary condition, including yards, lawns, courts and
driveways.
(b) 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.
(c) Every owner of a vacant building, structure or lot shall grade and
maintain the exterior premises so as to prevent the accumulation of
stagnant water thereon.
(d) Animals and pets shall not be kept on the premises in such manner as to
create unsanitary conditions or constitute a nuisance.
(e) Every owner of a vacant building, structure or lot shall keep the
premises reasonably free from rodents, insects and vermin.
(f) The roof of every vacant building or structure shall be well-drained of
rain water.
(g) All exterior surfaces shall be properly maintained and protected from
the elements by paint or other approved protective coating applied in a
workmanlike fashion.
-30-
(h) Every owner of a vacant building, structure or lot shall be responsible
for removing unauthorized signs, posters and graffiti from the building's
exterior; those signs authorized or exempted by the City of Miami Beach's
Zoning Ordinance are exempted from this section.
DI All materials used to board or secure a vacant building against entry
shall be painted in a workmanlike fashion in the same color as other
exterior walls of the building.
See. 17B-32r Tenants=Fights to pFesent gFievaneest vielatieR and penalty.
(a) That any tenant or group of tenants may at any time submit in oral er
written form a list of grievances to the landlerd,- his agents or to any
proper governmental agency concerning the management,- the physical
conditions OF operation ef the rental unit OF units*
(b) The management ef any rental unit complained against er criticised
shall net coerce,- retaliate,- AF discriminate in any manner against a tenant
er tenant group because he had participated in the presentation of a
grievance or complaint*
(c) Any person convicted of violating any prevision of this section shall,-
upon conviction in the metropolitan court,- be subject to a fine net to
exceed five hundred dellaFs er imprisonment in the county jail for net mere
than sixty days er by both such fine and imprisonment.
(d) It shall be unlawful for any person to willfully and knowingly initiate
any complaint under the previsions of this section without probable cause
and feF the purpose of harassment,- Any person convicted of violating this
seetieR shall be subject to a fine OF imprisonment as hereinabeve provided.
AFtiele fu.
BiseFirinatien in Rental Housing Units.
See. 1713-3.3. Peliey.
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 and in view of the current low vacancy Fate for
all rental housing throughout the city,- and further in view of the limited
rental housing accemmedatiens existing within the city for families with
miner 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 farther deelaFed to be against
public policy to discriminate in the sale ef units converted from rental to
condominium en the basis of age of the pFepesed Fesidents1
-3 1-
Seer I7R-34r Definitions.
Reusing aeeemmedatieRr ARy building eeRtaiRiRg ORe OF mere FesideRtial
FeRtal uRitsr
ReRtal URA.- ORe OF more Feems iR which cocking facilities aFe available
Which aFe leased to a peFseR feF his OF heF FesideReer
€xeeptieRr Housing aeeemmedatieR eeRsist+Rg of two FesideRt-iai FeRtal
uRit5,- eRe unit of which is eeeupied by the ewReF of the heasiRg
aeeommedatieRT OF by a family membeF of the ewReF of the heasiRg
aecemmedatioR,. shall be exeepted fFem the pFevisioRs of this aFtieler
Seer t7B-35 PFehibited aetivkyr
It shall be uRlawful feF the ewReF,- lessoFT lessee,- sub-lessee! Feal estate
bFekeF,.assignee! OF etheF peFseR having the Fight of ewReFship,- the Fight of
pessessieRT OF the Fight to FeRt eF lease any heasiRg aeeemmedatieR,.OF any
ageRt OF employee of such peFseR to+
(a) Refuse to FeRt OF lease,- OF etheFwise deRy to OF withheld fFem any
peFseR,- such aeeemmodatieRs because such peFseR has a miReF child OF
ehildFen who shall eeeupy the leased OF FeRted pFemises with such peFseRf
(b) RepFeseRt to any peFseR beeause of the peteRtial teRaRey of a miReF
child OF ehildFeR that housing aeeemmedatioRs aFe Ret available feF
iRspeetieR OF FeRtal wheR sueh aeeemmedatieRs aFe,.iR fact! se availablef
(c) Make! pFiRty eF publish,- OF cause to be made,- pFiRted! OF published,-any
RetieeT statement,. OF adveFtisemeat,. with Fespeet to the FeRtal of housing
aceommedatieRs that would iRdieate any pFefeFeRee,. . limitatieR! of
diseFimiRatieR! based upeR the peteRtial teRaRcy of a miReF child OF
ehildFeAf
(d) DiseFimiRate against any peFseR iR teFms,. eeRditioRs! op pFivileges of
the FeRtal of heusiRg aceemmedatieRs OF iR the pFevisieR of seFviees eF
facilities iR eeRReetieR theFewith because of the peteRtial teRaRey of a
miaeF ehild OF ehildFeRf
(e) Refuse to FeRt afteF the making of a beRafide effeF OF Fefuse to
negotiate foF the FeRtal of, OF otheFwise make uRavailable OF deny! heusiRg
aeeemmodatieRs to any peFseR because of the poteRtial teRaRey of a miROF
child OF ehildFeRf
(f) Include iR any lease OF FeRtal agFeemeRt of housing aeeemmOdatieRsT a
clause pFevidiRg that as a ceRditieR of eoRtiRued teRaRcy the teRaRts shall
FemaiR ehildlessf
-32-
(g) Refuse te sell eF otherwise deny te eF withheld from any person any
unit,- previously a rental unit,- upon conversion of that unit from rental to
cendeminium because such person has a miner child eF children who shall
occupy the condominium unit with such person eF to otherwise take any
action which would have the effect of discriminating against such person in
the purchase eF sale of the condominium unit because such person has a
minor child or children whe will occupy the unit with such person,-
Seer 1e713-361 Prate dwellings used feF Fentaf pHFpesesr
The previsions of this aFtiele shall net apply to persons whe are owners of a
single residential unit,- whether same is a home,- townhouse,- eF
condominium parcel,- but shall apply te condominium parcels operated by a
management company primarily feF rental purposes,
Seer t714-37r Tenant age peliey net pFebibited.
(a) In residential buildings otherwise covered by this article,- where the
owner has publicly established and carried out a policy of renting
exclusively te persons whe are defined herein as elderly,- the owner eF any
ether person enumerated in section I7B-35 hereinabove,- shall be exempt
from the previsions of this article,- previded,- however,- that deviation from
eF abandonment of the policy shall automatically subject the owner to all
of the previsions of this article.-
(b) Definition.- Elderly persons.- All persons who have attained the age of
sixty-two OF mere years,-
Seer 1.713-38r Requirements of financial obligations net pFehibitedr
This article shall not prohibit the person having the right te rent or lease
the premises from requiring the same financial obligations of prospective
tenants with miner children as he of she may FequiFe of prospective tenants
without children.- However,- no discrimination in the amount SF manner of
payment of such financial obligation shall be permitted..
Seer 1711-39. Penalty,-
Any
enaftyrAny person,- firm,- or cerperatlen violating the previsions of this article,-
upon conviction,- shall be subject te a fine of net less than two hundred and
fifty dellaFs nor more than one thousand dollars,- and/eF imprisonment feF a
peFied net to exceed sixty days.-
SECTION
ays.SECTION 2: REPEALER
That all Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
-33-
SECTION 3: SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held
invalid, the remainder shall not be affected by such invalidity.
Section 4: 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.
' YOR
ATTEST:
ahn
CITY CLERK
1st Reading - March 4, 1987
2nd Reading - March 18, 1987 (As amended)
SWS/bcg
FORM t 47'.-77"
LEG.
By 6u
Date
-34-
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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