Ordinance 73-1949r .•
ORDINANCE NO. 73-191+9
AN ORDINANCE AMENDING ORDINANCE NO.
1582 BEING THE MINIMUM HOUSING STAN-
DARDS ORDINANCE OF THE CITY OF MIAMI
BEACH, FLORIDA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH.
FLORIDA:
SECTION 1. That that portion of Ordinance No. 1582 reading
as follows:
"PRESCRIBING MINIMUM STANDARDS FOR
HOTELS AND ROOMING HOUSES"
be and the same is hereby amended to read as follows:
"PRESCRIBING MINIMUM STANDARDS FOR
STORES, COMMERCIAL AND OFFICE BUILDINGS,
HOTELS AND ROOMING HOUSES"
SECTION 2. That that portion of Section 1.03 of Ordinance
No. 1582 reading as follows:
"dwellings, dwelling units, rooming houses,
rooming units and premises"
be and the same is hereby amended to read as follows:
SECTION 3.
"stores, commercial and office buildings,dwellings
dwelling units, rooming houses, rooming units and
premises"
That that portion of Section 1.04 of Ordinance
No. 1582 reading as follows:
"Every portion of a building or premises
used or intended to be used for any dwell-
ing purpose..."
be and the same is hereby amended to read as follows:
"Every portion of a building or premises
used or intended to be used for stores,
commercial or office building, or any
dwelling purpose..."
SECTION 4. That that portion of Section 1.06, paragraph 16
of Ordinance No. 1582 reading as follows:
"dwelling, dwelling unit, hotel unit or
rooming unit."
be and the same is hereby amended to read as follows:
"stores, commercial or office building,dwelling,
dwelling unit, hotel unit or rooming unit."
SECTION 5. That that portion of Section 1.06, paragraph 17
of Ordinance No. 1582 reading as follows:
"dwelling units, hotel units, rooming
units, or motel units..."
be and the same is hereby amended to read as follows:
"stores, commercial or office building,
dwelling units, hotel units, rooming
units, or motel units..."
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
SECTION 6. That that portion of Section 1.06, paragraph 18
of Ordinance No. 1582 reading as follows:
"Dwelling, dwelling unit, rooming house,
rooming unit..."
be and the same is hereby amended to read as follows:
"Stores, commercial or office buildings,
dwelling, dwelling unit, rooming house,
rooming unit..."
SECTION 7. That tliat portion of Section 1.06, paragraph 19
of Ordinance No. 1582 reading as follows:
"residential purposes"
be and the same is hareby amended to read as follows:
"stores, commercial or office buildings,
or residential purposes."
SECTION 8. That that portion of Section 1.08, paragraph 2
of Ordinance No. 1582 reading as follows:
"all housing facilities..."
be and the same is hereby amended to read as follows:
"stores, commercial or office buildings, and
all housing facilities..."
SECTION 9. That that portion of Sectinn 1.08, paragraph 4
of Ordinance No. 1582 reading as follows:
"housing premises, facilities and equipment..."
be and the same is hereby amended to read as follows:
"stores, commercial or office buildings,
or housing premises, facilities and
equipment..."
SECTION 10. That wherever in Section 1.10 of Ordinance No.
1582 the words:
"dwellings,dwelling unit, hotel, rooming
house"
appear, the same are hereby amended to read as follows:
"stores, commercial or office buildings,
dwellings, dwelling units, hotels, rooming houses and
premises..."
SECTION 11. That that portion of Section 1.11 of Ordinance
No. 1582 entitled:
"NOTICE OF VIOLATIONS."
be and the same is hereby amended to read as follows:
"Section 1.11. NOTICE OF VIOLATIONS. Whenever
the Minimum Housing Enforcement Officer finds
and determines that there has been a violation
of the Minimum Housing Standards established
by this Ordinance, he shall give notice of such
violation to the person or persons responsible
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OFFICE
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
for such violation. Such notice shall
be in writing and in the form approved by
the Director of the Planning and Zoning
Department and shall specify the violation
The Notice of Violation 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 viola-
tion and upon the facilities or premises in-
volved if a copy is served personally or
served by certified mail, or if after dili-
gent search and inquiry the person or per-
sons 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 facili-
ties or premises involved. Such notice 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 Miami Beach Building and Zoning
Department within the time specified in the
Notice and that final compliance must con-
form to the requirements of the South Florida
Building Code, the Zoning Ordinance, and any
other applicable ordinances of the City of
Miami Beach, Florida. Such notice may con-
tain an outline of the remedial action which,
if taken, will constitute compliance with
the requirements of this ordinance. Such
notice shall inform the person or persons to
whom it is directed of the right to apply to
the Minimum Housing Appeals Board for a hear-
ing and review of the matters specified in
the Notice. The person or persons served
with Notice of the Violation shall have five
(5) days after receipt of said Notice of
Violation to give written notice to the
Director of the Planning and Zoning Department
of the City of Miami Beach of their intention
to comply with said Notice, and shall have
five (5) days thereafter to present a Certifi-
cate of Compliance or a Certificate evidenc-
ing that corrections of said Notice of Violation
has commenced to the Director of the Planning
and Zoning Department, or Notice that they are
exercising their right of appeal to the Minimum
Housing Standards Appeals Board.
The Minimum Housing Enforcement Officer is here-
by empowered and directed to record a copy of
all Notices of Violation in the Public Records
of Dade County, Florida. 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 respon-
sible for such violation.
SECTION 12. That that portion of Section 1.12 of Ordinance
No. 1582 reading as follows:
"within 15 days"
be and the same is hereby amended to read:
"within 10 days"
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
•
SECTION 13. That that portion of Section 1.14 of Ordinance
No. 1582 reading as follows:
"for a period of 15 days after the date of
such issuance,..."
be and the same is hereby amended to read as follows:
"10 days after date of receipt of said
Notice of Violation,..."
SECTION 14. That Section 1.16 of Ordinance No. 1582 be and
the same is hereby amended to read as follows:
"Section 1.16. APPEALS FROM ACTIONS OR DECISIONS
OF MINIMUM HOUSING ENFORCEMENT OFFICER. Any
person aggrieved by any action or decision of
the Minimum Housing Enforcement Officer may
appeal to the Minimum Housing Appeals Board by
filing with the Board within ten (10) days after
receipt of the Notice of Violation or within
twenty-four (24) hours in cases of emergency
orders pursuant to Section 1.15 hereof, a writ-
ten notice of appeal which shall set forth con-
cisely the action or decision appealed from and
the reasons or grounds for the appeal. The
Board shall set such appeal for hearing on the
very next agenda following said Notice of Appeal
and cause Notice thereof to be given to the
applicant and the Minimum Housing Enforcement
Officer. The Board shall hear and consider all
facts material to the appeal and render a deci-
sion promptly. The Board may affirm, reverse
or modify the action or decision appealed from,
provided that the Board shall not take any ac-
tion which conflicts or nullifies any of the
provisions of this ordinance. The decision of
the Board shall be final, and no rehearing or
reconsideration shall be considered. Any per-
son 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."
SECTION 15. That Section 1.17, paragraph 3 of Ordinance No.
1582 be and the same is hereby amended to read
as follows:
"3. ORGANIZATION OF THE BOARD. The members
shall elect a chairman and such other officers
as may be deemed necessary or desirable, who
shall serve at the will of the Board. Four
members of the Board shall constitute a quorum
necessary to hold a meeting or take any action.
a majority vote of those present at a duly
constituted meeting shall be sufficient for any
other actions. Members shall serve without com-
pensation, but shall be entitled to be reim-
bursed for necessary expenses incurred in the
performance of their official duties, upon appro-
val by the City Council. The Chairman shall
call two (2) meetings of the Board per month
and further meetings may be called ?y written
notice signed by three (3) members of the Board.
If the Board has not been notified by any appli-
cant to take an appeal before the Board, the
Chairman of the Board shall have the right to
cancel the required (2) meetings per month.
Minutes shall be kept of all meetings of the
Board. All meetings shall be public. The City
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
Manager shall provide adequate and competent
clerical and administrative personnel as may
be reasonably required by the Board for the
proper performance of its duties, subject to
budget limitations. The City Manager shall
provide a regular meeting place for the Board.
SECTION 16. That Section 1.17, paragraph 4 (A) and (B) of
Ordinance No. 1582 be and the same is hereby
amended to read as follows:
SECTION 17.
A. Hear and Determine appeals from actions and
decisions of the Minimum Housing Enforcement
Officer in accordance with the provisions of
Section 1.16.
B. The Board shall have the power and authority
to hear and grant reasonable applications for ex-
tension of time for completion of work being per-
formed (i.e. actual and physical completion of
work) for a period of no more than two (2) weeks.
In the event application is made for extension of
time for completion of work beyond the two (2)
week limitation herein contained, an Enforcing
Officer shall make an inspection of the applicant's
premises before the Board convenes and determine
if such a request for extension is meritorious.
The Enforcing Officer must submit his recommenda-
tion to the Chairman before the Board convenes and
the recommendation of the Enforcing Officer shall
be final and binding upon the Board.
That paragraph 4 (C) of Section 1.17 of Ordinance
No. 1582 be and the same is hereby deleted, and
existing paragraphs lettered "C" and "E" be and
the same are hereby re -lettered to be "C" and "D'
respectively
SECTION 18. All Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 19. This Ordinance shall go into effect immediately
upon passage and posting, as required by law.
PASSED and ADOPTED this 7th day of February, 1973.
Attest:
Rat 13, awkeak,
City Clerk -Finance Director
1st reading - January 17, 1973
2nd reading - February 7, 1973
POSTED - February 8, 1973
CA.A.A._01 ..cz/./1
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Mayor
OFFICE OF CITY ATTORNEY —11 30 WASHINGTON AVENUE — MIAMI BEACH, FLORIDA 33139
STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No.73-1949 entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 1582 BEING
THE MINIMUM HOUSING STANDARDS ORDINANCE OF THE
CITY OF MIAMI BEACH, FLORIDA.
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the 8th day of February, 1973,
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 21st day of March, 1973.
6LteJ 4Q4,1)ebow_
City Clerk and Finance Director
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