Ordinance 90-2693 Ordinance No. 90-2693
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER
8 ENTITLED "BUILDING REGULATIONS" BY AMENDING SECTION 8-
3 ENTITLED "SCHEDULE OF PERMIT FEES" SUBSECTION (h) (3)
THEREOF ENTITLED "CERTIFICATE OF USE" BY ADDING "GARAGES"
TO THOSE USES CONTAINED WITHIN SAID FEE SCHEDULE; ADDING
NEW SECTION 8-6 ENTITLED "GROUNDS FOR SUSPENSION OR
REVOCATION", NEW SECTION 8-7 ENTITLED "STANDARDS; RULE-
MAKING AUTHORITY", NEW SECTION 8-8 ENTITLED "NOTICE OF
VIOLATIONS, EMERGENCY ACTION", NEW SECTION 8-9 ENTITLED
"HEARING WHEN OWNER/APPLICANT OR PERMITTEE FAILS TO
COMPLY WITH NOTICE", AND NEW SECTION 8-10 ENTITLED
"HEARING PROCEDURES"; REPEALING ALL ORDINANCES IN
CONli'LICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA.
SECTION 1.
That Section 8-3 (h) (3) entitled "Certificate of Use" of the Miami
Beach City Code Chapter 8 entitled "Building Regulations" is hereby
amended to read as follows:
8-3 (h) (3) CERTIFICATE OF USE:
a. No new building or premises or part thereof, except one
and two family residences, shall be occupied until a certificate
of use is issued by the City of Miami Beach. Certificates of use
shall not be issued until the premises have been inspected and
found to comply with all requirements of the Code of the City of
Miami Beach.
1. Buildings designed and built as office buildings, and
occupied only by that use shall require a certificate of use.
Office buildings containing commercial activities in addition to
offices, shall require an additional certificate of use for each
commercial activity contained therein. ( Commercial activity as
defined by section 20 of the Code of the City of Miami Beach. )
2 . Apartment buildings, hotels, and other multiple
residential occupancies containing three or more units and occupied
by only residential tenants shall require one certificate of use.
Where these occupancies contain commercial activities in addition
to residential tenants, an additional certificate of use for each
commercial activity contained therein shall be required.
3 . Industrial and commercial buildings being occupied by a
single tenant shall require one certificate of use. If an
industrial or commercial building contains more than one tenant,
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an additional certificate of use shall be required for each tenant
therein.
b. The first certificate of use issued in conjunction with a new
building, shall be issued at the time when a certificate of
occupancy is issued and at no cost. Where individual certificates
of use are required a certificate of use shall be obtained and the
charge shall be as established herein below.
c. As of the effective date of this paragraph, all existing
buildings or premises which are subject to this paragraph. must
obtain a certificate of use.
d. Upon the issuance of a certificate of use for a building or
premises, an annual inspection will be conducted thereafter to
determine that each building or premises complies with all code
requirements of the City of Miami Beach.
e. In order to obtain a certificate of use, an original fee shall
be paid for the purpose of defraying the costs of all the original
inspections. An annual renewal fee shall be paid to defray the
costs of these annual inspections necessary to determine
compliance.
f. The fees for certificate of use shall he as follow,.
FEE SCHEDULE FOR CERTIFICATE OF USE
APARTMENTS (INCLUDING CONDOMINIUMS)
3 to 50 units $35. 00
Each additional unit over 50 $ 1. 00
HOTEL, MOTEL AND ROOMING HOUSES
3 to 50 units $35 . 00
Each additional unit over 50 $ 1. 00
RETAIL, WHOLESALE, STORAGE, MANUFACTURING, GARAGES, OFFICE, &
MISCELLANEOUS
Up to 5, 000 square feet $35 . 00
Over 5, 000 square fee $70. 00
OPEN AREAS (PARKING LOTS, GARAGES, BOAT SALES, AND AUTO SALES)
Flat fee $35. 00
RESTAURANTS (BARS, LOUNGES)
First 60 seats $35. 00
Each additional 20 seats *or portion thereof $10. 00
*corrected 6/4/90
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ADULT CONGREGATE LIVING FACILITIES, NURSING HOMES, HOSPITALS,
CONVALESCENT HOMES, ETC.
Up to 50 beds $40. 00
For each additional bed over 50 $ 1. 00
DAY CARE CENTERS, NURSERY SCHOOLS, AND
PRIVATE SCHOOLS $40. 00
THEATERS
Up to 500 seats $35. 00
Over 500 seats $70 . 00
CHURCH, SYNAGOGUE, AND TEMPLE $35. 00
MUNICIPAL BUILDINGS, COUNTY, STATE, AND FEDERAL FACILITIES AND
PUBLIC SCHOOLS, ETC. EXEMPT
MARINAS (MARINE DOCKAGE)
3 to 15 boatslips $35. 00
16 to 50 boatslips $50. 00
For each additional boatslip over 50 $ 1. 00
SECTION 2 .
That Chapter 8 of the Miami Beach City Code, said Chapter entitled
"Building Regulations" , is hereby amended by the addition of the
following new sections:
Sec. 8-6 Grounds for suspension or revocation.
The City Manager or his designee shall either revoke or temporarily
suspend the certificate of use of any owner/applicant where it is
determined by the City Manager or his designee that:
(a) The owner/applicant has misrepresented or failed to disclose
material information required by this chapter to be included in the
certificate of use application form; or
(b) The owner/applicant, as part of the owner/applicant' s business
activity within the City of Miami Beach, is engaged in conduct
which is an actual threat to the public health, welfare or safety;
or
(c) The owner/applicant is conducting business from premises which
do not possess a valid and current certificate of occupancy and/or
certificate of use as may be required by city or county laws;_ or
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(d) Habitual conduct has occurred at the owner/applicant ' s
premises which violates city, county or state law; or
(e) The certificate of use issued by the city depended upon the
owner/applicant ' s compliance with specific provisions of federal,
state, city or Dade County law and the owner/applicant has violated
such specific provisions of law; or
(f) The owner/applicant has violated any provision of this chapter
and has failed or refused to cease or correct the violation after
notification thereof; or
(g) The owner/applicant, as part of the owner/applicant' s business
activity within the City of Miami Beach, knowingly lets, leases,
or gives space for unlawful gambling purposes at the
owner/applicant 's premises ; or
jh) The owner/applicant within the preceding 5 years in this
state, any other state, or the United States, has been adjudicated
guilty of or forfeited a bond when charged with soliciting for
prostitution, pandering, letting premises for prostitution, keeping
a disorderly place, or illegally dealing in narcotics ; or
ji) The premises have been condemned by the local health authority
for failure to meet sanitation standards or the premises have been
condemned by the local authority because the premises are unsafe
or unfit for human habitation; or
(j ) The owner/applicant' s premises have been found to constitute
a public nuisance by the Nuisance Abatement Board.
The suspension or revocation shall be of the certificate of use in
effect at the date of such suspension or revocation,even though it
may have been issued to an owner/applicant other than the person
who held the certificate of use at the time the cause for such
suspension or revocation arose.
No certificate of use shall be suspended under this section for a
period of more than 12 months. No new certificate of use shall be
issued to the owner/applicant, or to any other firm in which the
owner/applicant or any of its stockholders is interested, for any
premise during the term of such suspension or revocation. At the
end of such period of suspension or revocation the owner/applicant
may apply for a new certificate of use.
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Sec. 8-7 Standards; rule-making authority.
A suspension not exceeding six months shall be imposed in cases
where the owner/applicant' s violation is shown to be inadvertent
and can be promptly corrected by the owner/applicant; a revocation
of the certificate of use shall be imposed in all other cases. The
City Manager shall have the authority to adopt written
administrative rules to enforce the provisions of this chapter,
which rules shall have the force and effect of city law provided
the rules are approved by the city attorney and ratified by the
city commission.
Sec. 8-8. Notice of violation; emergency action.
If the City Manager or his designee believes that an
owner/applicant has engaged or is engaged in conduct warranting the
suspension or revocation of a certificate of use, he shall serve
the owner/applicant by certified mail or hand delivery, at his
business address as disclosed in his application for the
certificate of use, a written administrative complaint which
affords reasonable notice to the owner/applicant of facts or
conduct which warrant the intended action. The complaint shall
state what is required to be done to eliminate the violation if
any.
The owner/applicant shall be given adequate opportunity to request
a prior administrative hearing as specified hereinbelow, unless the
City Manager finds that an emergency condition exists involving
serious danger to public health, safety or welfare, in which case
advance notice and hearing shall not be required. In the case of
an emergency suspension or revocation, the owner/applicant shall
immediately be advised of the City Manager' s action and afforded
a prompt post-suspension or revocation hearing in accordance with
section 8-10 of this article.
Sec. 8-9. Hearing when owner/applicant or permittee fails to comply
with notice.
If an owner/applicant or permittee fails to comply with any notice
issued as provided above, the City Manager or his designee may
issue an order in writing to the owner/applicant, by certified
mail, notifying him to appear at an administrative hearing before
the City Manager or his designee to be held at a time to be fixed
in such order, which date shall be not less than five days after
service thereof. In the event an owner/applicant fails to comply
with a lawful order of the City Manager or his designee, the City
Manager or his designee may order the closing of the offending
business and enforce his order by action of Miami Beach Police
Department, contracted services or other city forces. The cost of
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the enforcement action shall be placed as a lien against the
owner/applicant' s real and personal property.
Sec. 8-10. Hearing procedures.
Upon order of the City Manager or upon the request of a person
whose certificate of use has been denied or revoked or suspended
by emergency order of the City Manager or whose certificate of use
has been threatened with denial, revocation or suspension by the
City Manager or his designee, or upon the request of any other
owner/applicant affected by action of the city, a hearing shall be
provided. The hearing shall be conducted in the following manner:
(a) City Manager Review
(1) Other than as set forth in (b) hereinbelow, the City
Manager or his designee shall give written notice of the time
and place of the hearing to the owner/applicant and to the
City Attorney' s office.
(2) The proceedings shall be informal but shall afford
the owner/applicant the right to testify in his own
defense, present witnesses, have legal counsel
present, submit relevant evidence and cross-examine
witnesses.
(3) Within ten days of the close of the hearing the City
Manager or his designee shall render his decision
in writing determining whether or not the
owner/applicant' s certificate of use shall be
revoked or suspended or denied, or other action
taken or continued, as the case may be and stating
his reasons and findings of fact.
(4) The City Manager or his designee shall file his findings
with the city clerk and shall send a true and correct
copy of his order by registered mail , return receipt
requested, to the business address listed on the
certificate of use or to any such other address as the
owner/applicant shall designate in writing.
(b) Board of Adjustment Review.
Denial of a certificate of use for lack of proper zoning shall
be appealable to the Board of Adjustment pursuant to Section
16-7A. 1. of the City of Miami Beach Zoning Ordinance 89-2665.
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ic) Administrative Rulings as Final.
The City Manager' s/Board of Adjustment' s findings shall
constitute the final administrative action of the City of
Miami Beach for purposes of judicial review under Florida law.
The standard of review shall be whether the City Manager/Board
of Adjustment' s action or decision is supported by substantial
competent evidence and whether the administrative hearing
departed from the essential requirements of law.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 4. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its adoption,
on May 19 , 1990.
PASSED and ADOPTED this 9th day of May
1990. /
A4011L,
APPIV MAYOR
Attest:
) )
CITY CLERK
1st reading 4/18/90
2nd reading 5/9/90 (as amended)
FORM APPROVED
LEGAL DEPT
By L. .
Date 1 i
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OFFICE ._ = ' NTTORNEY
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TELEPHOt.E 3;51673-74-J
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COMMISSION MEMORANDUM-*2-1 qG
DATE: APRIL 17, 1990
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Laurence Feingold f. ! '.
City Attorney
SUBJECT: AMENDMENT TO MIAMI BEACH CITY CODE, CHAPTER 8 ENTITLED
"BUILDING REGULATIONS"
The attached proposed Ordinance contains several amendments to
Chapter 8 of the Miami Beach City Code, said Chapter governing
"building regulations" . Specifically, these amendments cover the
following:
A. Amendment to Section 8-3 (h) (3) governing "certificate of use"
to include "garages" within those uses embodied by the subject
fee schedule; this amendment is being done as a housekeeping
measure since "garage" uses were inadvertently omitted from
the last amendment to this ordinance in 1989.
B. Adding several new sections to Chapter 8 for the purposes of
establishing hearing procedures in those instances wherein
certificate of uses are suspended or revoked. Specifically,
these sections include the following:
1. Section 8-6 "Grounds for Suspension or Revocation" --
this Section establishes those specific instances in
which the City Manager or his designee shall either
revoke or temporarily suspend a certificate of use;
2. Section 8-7 "Standards; rule-making authority" -- this
Section provides that inadvertent violations of this
Chapter shall result in certificate of use suspensions
not exceeding six months, with revocation of certificate
of use to be imposed in all other cases. Administrative
rules may also be adopted by the City Manager for
purposes of enforcing this Chapter;
3. Section 8-8 "Notice of Violations; Emergency Action" --
in those instances wherein conduct warranting suspension
or revocation of certificate use is occurring this
Section authorises City Manager or his designee to serve
an administrative complaint, with subsequent
administrative hearing provided for;
4. Section 8-9 "Hearing When Owner/Applicant or Permittee
Fails to Comply with Notice" -- this section authorises
City Manager or his designee to close offending business
in the event owner/applicant fails to comply with City
Manager's lawful order; and
5. Section 8-10 "Hearing Procedures" -- in those instances
• wherein certificate of use has been denied, revoked, or
suspended, or threatened with such actions by the City 5
Manager or his designee, or upon request of affected
owner/applicant, a hearing before the City Manager or
AGENDA
ITEM -3-
TOO CONVENTIOt' CEN-ER DRIVE OURTH. =BOOR — MIAMI BE
DATE S R-9
Board of Adjustment (when certificate denied due to lack
of proper zoning) shall occur.
The attached Ordinance with the proposed amendments is in proper
legal form and is thus ready for Commission consideration.
LF/JKO/rg
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