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Ordinance 91-2746 ORDINANCE NO. 91-2746 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED ',OFFENSES - MISCELLANEOUS', BY ADDITION OF SECTIONS 25-67 .4 THROUGH 25.67.12, PROVIDING THAT GARAGE SALES MAY BE HELD AT SINGLE-FAMILY AND MULTI-FAMILY RESIDENCES WITHIN THE CITY TWICE EACH YEAR; ESTABLISHING PERMIT PROCEDURES; ESTABLISHING REGULATIONS FOR THE CONDUCT OF GARAGE SALES; PROHIBITING BUSINESS ENTITIES FROM CONDUCTING GARAGE SALES AT RESIDENCES; PROVIDING FOR ENFORCEMENT BY CODE INSPECTORS; PROVIDING FINES FOR VIOLATIONS AND PROCEDURES FOR APPEALING FINES; PROVIDING THAT UNPAID FINES SHALL CONSTITUTE A LIEN UPON REAL AND PERSONAL PROPERTY AND AUTHORIZING RECOVERY OF UNPAID FINES BY FORECLOSURE AND OTHER LEGAL PROCEEDINGS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Miami Beach, Florida finds that there are residences within the City which are used regularly as locations for the sale of goods to the public; and WHEREAS, the City Commission believes that the regular use of residences as locations for the operation of public sales often called "garage sales" is injurious to the security, tranquility and integrity of residential neighborhoods within the City; and WHEREAS, the City Commission believes that limitations on the number of "garage sales" permitted in multi-family residences must be more stringent than limitations for single-family residences in that the potential for neighborhood disruption is greater in multi- family residences due to the larger number of persons residing therein; and WHEREAS, the posting of an unlimited number of signs advertising residential "garage sales" is incompatible with aesthetic values. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1: That Miami Beach City Code Chapter 25, entitled "Offenses- Miscellaneous" is hereby amended by the addition of sections 25. 67- 4 through and including 25-67 . 12 to read as follows: 1 CHAPTER 25 OFFENSES - MISCELLANEOUS * * * §25-67 .4. Garage Sales. §25-67 .5. Same - Permit required. §25-67 .6. Same - Prohibited permittees and sale items. §25. 67 .7 . Same - Regulations. §25-67 .8. Same - Excerstons. §25. 67 .9. Enforcement by code inspectors; notice of violation. §25. 67 .10 Civil fines for violations. §25-67 . 11. Rights of violators; payment of civil fine; right to appeal, failure to pay or to appeal. §25-67 . 12 Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure. * * * Section 25-67 .4. Garage sales. Definitions. The followincr definitions shall apply in sections 25-67 . 4 through and including 25-67 . 12 of this chapter: "Business Entity" shall mean an association, corporation, trust, religious, charitable or public institution, estate, partnership, limited partnership or joint stock association; except that condominium associations, homeowners associations and cooperative apartment associations shall not be considered Business Entities for purposes of this chapter. "City" shall mean the City of Miami Beach, Florida. "Family" shall mean persons living together as a single housekeeping unit whose permanent«:dress is at the place of residence where a particular "Garage Sale" is located. "Front Yard" shall mean an open area extending the full width of the lot or lots upon which the residence is located between the main residence and the front property line. "Garage Sale" shall mean a sale at which tangible personal property is sold at a place of residence --- the term shall include "Lawn Sale" , "Attic Sale" , "Rummage Sale" or "Flea Market Sale" . 2 " Multi-family Residence Building" shall mean a building occupied or intended to be occupied by two or more families living separately with separate cooking facilities in each unit -- the term shall include "townhomes" , "duplex" , "triplex" , "apartment building" , "condominium building" and "cooperative apartment building" . "Property Owner" shall mean the person or entity having title to the real property in cruestion, or the manager of said property when the property owner has authorized the manager to maintain and operate the property and has so informed the City' s Code Enforcement Division in writing. For condominium buildings the term "Property Owner" shall mean condominium association. Sec. 25-67 .5. SAME - permit required. (1) No person(s) shall conduct a Garage Sale as defined in section 25-67 .4 herein within the City of Miami Beach without first obtaining a permit as specified herein. (2) All persons wishing to obtain such a "Garage Sale Permit" shall make application at the Code Enforcement Division of the City, and shall pay a fee of $15. 00 per permit. (3) Applicants for Garage Sale Permits must provide the following information to the City at the time of application: (a) Name of person conducting Sale or owner of property at which Sale will be located if different from person conducting Sale. (b) Location where the Garage Sale is to be conducted. (c) Number of days Sale is to be held. (d) Dates of any past Garage Sale(s) at the subject location within the past 12 months. (e) Length of time applicant has resided at the subject location. (f) Owner(s) of property to be sold at Sale if different from Person conducting Sale. (g) Nature of property to be sold. (4) Applications for Garage Sales to be located at Multi- family Residence Buildings must be accompanied by the written permission of the property owner. 3 (5) All applications shall be accompanied by proof of residence, which may be a current driver' s license, voter registration, or county tax assessor's bill. (6) All Garage Sale Permit requests must be made at least seven (7) days prior to the date of the Sale; responses to the requests (i.e. , permit approval or permit denial) will be mailed to the applicant prior to the date of Sale. Sec. 25-67 .6 SAME - prohibited permittses and sale items. No Business Entity as defined in section 25-67 . 4 herein may conduct a Garage Sale located at a place of residence within the City. No Garage Sale Permit shall be issued pursuant to section 25-67 . 5 herein to a Business Entity or to an applicant intending to sell property belonging to a Business Entity. All property sold at a Garage Sale at a residence within the City must be property owned by permittees and or their families. (7) Merchandise to be sold at a Garage Sale shall be merchandise which has been previously used; it shall be prohibited to sell new merchandise or merchandise that is sold in bulk as from a carton, crate, bushel or other container commonly used in retail business. No Garage Sale permit shall be issued for the sale of merchandise prohibited by this section. Sec. 25-67 .7 . Same - regulations. (1) A "Garage Sale Permit" as required by section 25-67 . 5 herein shall be issued for a Garage Sale located in any one single- family residence or Multi-family Residence Building on no more than two occasions during any twelve (12) month period; provided, however, that where all occupants of a single-family residence or Multi-family Residence Building change, the new occupants shall be eligible for their yearly "Garage Sale Permits" . (2) No Garage Sale Permit shall be issued for a Garage Sale in a Multi-family Residence Building unless the Property Owner gives written permission for the conduct of the Sale. 4 (3) No Garage Sale Permit shall be issued for a Garage Sale occurring on more than two (2) consecutive days. (4) Each Garage Sale Permit must be prominently displayed on the premises upon which the Garage Sale is held at all times while the Sale is in progress. /5) Garage Sales shall be held only during daylight hours. (6) All merchandise to be sold at a Garage Sale shall be displayed in an enclosed room, enclosed garage or in a carport. At no time shall merchandise be displayed on a public right-of-way, or swale area; provided, however, that if no enclosed garage or carport exists at said location, merchandise may be displayed on a private driveway, rear yard or portion of the front yard not to exceed twenty-five percent (25%) of the total front yard area. All items used or displayed at a garage sale shall be removed from unenclosed areas by the end of the last day of the Sale. (7) Signs advertising a Garage Sale shall not be displayed until the day prior to the first day of the Sale and shall be removed at the end of the last day of the Sale. No such signs shall be displayed on any public property or right-of- way. No more than two (2) signs advertising a Garage Sale shall be permitted at the Sale location, and the total number of signs posted for any one Garage Sale shall not exceed five (5) ; such signs shall not be larger than 12 in. x 18 in. each. Sec. 25-67 .8 Same - exceptions. The provisions of Sections 25-67 . 5, 25-67 . 6 and 25-67.7 hereinabove shall not apply to or affect the following persons or Sales: (1) Persons selling goods pursuant to an order or process of a court of competent jurisdiction. (2) Persons acting in accordance with their powers and duties as public officials. _(3) Any person selling or advertising for sale an item or items of personal property in a newspaper, magazine, periodical, or other commercially printed media which are specifically named or 5 described in the advertisement and which separate items do not exceed five (5) in number. Sec. 25-67 .9. Enforcement by Code inspectors; notice of violation. If a code inspector as defined in chapter 9B of the Miami Beach City Code finds a violation of sections 25-67 . 5, 25-67. 6 or 25-67 . 7, hereinabove, said inspector shall issue a notice of violation to the violator as provided in chapter 9B. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within twenty (20) days after service of the notice of violation, and that failure to do so shall constitute an admission of the violation and waiver of the right to a hearing. Sec. 25-67 . 10. Civil fines for violators. (1) The following civil fines shall be imposed for violations of sections 25-67. 5 (1) and 25-67 . 6 of this chapter: Garage Sale = $25. 00 if paid within 72 hours without a permit, of issuance of notice or $50. 00 when there was if paid after 72 hours of no previous issuance of notice. Garage Sale in the past twelve months (Additionally, violators of sections 25-67 . 5 and 25-67 . 6 will be required to pay the permit fee of $15. 00 pursuant to Section 25-67 . 5 (2 . ) Garage Sale = $250. 00 without a permit, when there was a previous Garage Sale within the past 12 months (2) Violations of section 25-67 .7 shall carry a civil fine of $25. 00 per violation. Sec. 25-67 . 11 Rights of violators; payment of fine; right to appeal; failure to pay civil fine, or to appeal. 6 /1) A violator who has been served with a notice of violation shall elect either to: (a) Pay the civil fine in the manner indicated on the notice; or (b) Request an administrative hearing before a hearing officer to appeal the decision of the code inspector which resulted in the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in section 20-29 of the Miami Beach City Code. (3) If the named violator after notice fails to pay the civil fine or fails to timely request an administrative hearing before a hearing officer, the hearing officer shall be informed of such failure by report from the code inspector. Failure of the named violator to appeal the decision of the code inspector within the prescribed time period shall constitute a waiver of the violator' s right to administrative hearing before the hearing officer. A waiver of the right to administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly. (4) Any party aggrieved by the decision of an administrative hearing officer may appeal that decision to a court of competent jurisdiction as provided in Section 162 . 11, Florida Statutes. Sec. 25-67 . 12. Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure (1) The City of Miami Beach may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. (2) A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two (2) months from the filing of any 7 such lien which remains unpaid, the City of Miami Beach may foreclose or otherwise execute on the lien. Section 2 . Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 3. Repealer. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 4. Effective date. This Ordinance shall take effect on the 2nd day of June 1991. PASSED and ADOPTED this 22nd day of May 1991. MAYOR ATTEST:7 CITY CLERK FORM APPROVED (a:\2garagere.ord) LEGAL DEPT. By 614wuto!' 5-6 Date 3O - 91 8 • n 7 r s,•' .n ,r ,r. �y"f :y *� !,r.,;: , t f4i x siY,,,`t'• .y jk a7ft .-,,;'£ +±at ti 'R �'i .:. 1'�'-+t.' �t ;'1sc� o-"7Y3 i?.. Y" -'z "r 4 "''�y � rtn�-u-a�;`ra.S ;;:ot,. v.% r i��sf�.v.��r;Ky � a.,...,-�r�s�.'�. ..�ta� s fay. ..,.�c,�s�`�is�.,.���...,- k�s'..x. 'fir eeo /%4m Fear% \PMS sEq, FLORIDA 3 3 1 3 9 • *iINC01111i RATED}* "VACA TIONLANU U. S. A. OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. / 73— /1 DATE: April ;;, 1991 TO: Mayor Alex Daoud and Members of the City Commission FROM: Carla Bernabei Talarico?'Aka City Manager SUBJECT: AN ORDINANCE AMENDING "OFFENSES - MISCELLANEOUS", CHAPTER 25 OF THE MIAMI BEACH CITY CODE. This amendment will prbvide for garage sales, garage sale permits, and permit fees. This amendment will provide for garage sale prohibitions and notices of violation. This amendment will provide for civil fines for violations and rights of appeal. This amendment provides for recovery of unpaid fines, liens, and foreclosure. ADMINISTRATIVE RECOMMENDATION Adopt this ordinance which provides for garage sales, permits, permit fees, violations, civil fines, right to appeal, recovery of unpaid civil fines, liens and foreclosure. • • • 11 AGENDA ITEM R , 3 .41) , � DATE S"22-19/ • �n Sa o •� G u N ai —! 4) 1.4 rJ) 0 al • sJ •fl ) ••Q U) cc) .G rd G ca u 41 Cu) a-) ,-C a 41 U G a H Sa cc •ri r' a- bA H I cd 0 'b O • a a 'b (NI al co G Cd CL) U •1-1 •r-I U) O a G a I rC G O U) co a 9 a) o •ri a r•-I ) a) a rd G H 3-1 W U CT) a ,•G a G U • .G 3a o •ri r i a 0 a G +•+ 41.0 v ai cc, 3 al 1J U c0 1-1-Ib a o O H 'd +-3 Sa 3a RI b0 (1) of c z U H • ca G 0 0 .0 u) 0 G a a bA a D,b 4-1 0) a) •ri cn O G cd z c1.1 U •D •1-1 a a jJ G H a cn G bD H U +J CFI 1 +J D, a.i U 0) H G •ri ai G Sa a H •r1 L of H U o G as a 4-i a •H a 4-1 H H U cNI 4 •1 $-+ o En E aw a o Ri Z E a a H a) b0 a Sa O H .0 I ch a3 C a U G a 'd a Q U r bD 4-.1 4•+ J•J a$ b0 $-+ •ri •rl P4 0 CO J G I ri H of o T) ai al a 4J O a r, •rl •ri a G E d )4 4-1 •H O a J O Ir ca +i b r-I •ri 3-+ bA cc, G P 4 I G H 0 U rl bO.0 a) a OD a O G 01 U "d •+-1 a s G +J a a G 41 UJ 0 •ri -H • N a a 1.3 Sa 3-1 aJ nj 4-4 ca) 3 bO b0 w 0 •ri O 4-4 a G G a 4-I ••• G r0 G CO a o 4.J U) •r-i •r-I H U) T) 4-J O G Sa cJ a) C G al bA $a a 6.0 a•ri G bA rd G N U U1 U) 0 G O U G G N U) G a O H b G •r-I •ri •ri +-3 O •ri •r1 0 ri r1 •H • r-I a H H a rd U Ia rd G N H 'd kJ 4 n a 'd ,a ro bD 4r1 a s-H ) 0 U •r1 •ri •O G •ri CJ R3 aS J a P •ri 4 a CD 4.3 'd • U) +J a..r Sa O U) Ti O H 4-3 n a a cn U) M •