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Ordinance 77-2097 ORDINANCE NO. 77-2097 AN ORDINANCE OF THE CITY OF MIAMI BEACH AMENDING SECTION 7. 68 AND 7 . 72 OF THE CODE OF THE CITY OF MIAMI BEACH BY REQUIRING OTHER AND FURTHER MINI- MUM STANDARDS UPON HOUSEBARGES, SO AS TO PRE- SERVE THE ECONOMIC AND SOCIAL VALUES AND THE AESTHETIC BEAUTY AND LIFE-STYLE OF THE CITY OF MIAMI BEACH. WHEREAS , the City Council of the City of Miami Beach has heretofore found and determined, as specifically set forth in Section 7. 2 of the Code of the City of Miami Beach pertaining to boats , docks and marine facilities , that it is necessary to impose certain minimum standards thereon, so as to prevent the impairment of "economic values, social values , as well as the aesthetic beauty and life-style characteristic of the City, " and WHEREAS, it is further found by the City Council of the City of Miami Beach, Florida, that housebarges pose a particular and special problem with reference to said values and requirements as to aesthetic beauty and life-style, and that it is , therefore, necessary to impose upon housebarges further and additional mini- mum standards pertaining to the preservation of said economic and social values and the aesthetic beauty of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Section 7. 68 of Article VI of the Code of the City of Miami Beach pertaining to housebarges and reading as follows : "Sec. 7-68 . Permit required; housebarges to meet Coast Guard requirements. No person shall use or occupy or permit the use or occupancy of a housebarge, for howsoever long or short a period of time unless such housebarge meets the following requirements : (1) The housebarge shall meet all U. S. Coast Guard requirements for a vessel of like size and capacity. (2) No person shall use or occupy or permit the use or occupancy of a housebarge for living quarters either permanently or on a temporary basis on the waters of the city except when operated pursuant to a permit issued by the city" be and the same is hereby amended to read as follows : "Sec. 7-68 . Permit required; housebarges to meet Coast Guard requirements. No person shall use or occupy or permit the use or occupancy of a housebarge, for howsoever long or short a period of time unless such housebarge meets the following requirements : (1) The housebarge shall meet all U. S. Coast Guard requirements for a vessel of like size and capacity. (2) No person shall use or occupy or permit the use or occupancy of a housebarge for living quarters either permanently or on a temporary basis on the waters of the city except when operated pursuant to a permit issued by the city. OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 (3) Every exterior wall, roof, door, window and exterior door of every housebarge shall be struc- turally sound and shall be maintained in good order and repair, and all exterior surfaces of said house- barge shall be properly maintained and protected from the elements by paint, or other approved pro- tective coating, applied in a workmanlike manner, and compatible and in harmony with the aesthetic requirements of the neighborhood. " SECTION 2 : That Section 7. 72 of the Code of the City of Miami Beach pertaining to permit revocation and reading as follows: "Sec. 7-72. Permit revocation. Any permit for a housebarge may be revoked by the marine authority after written notice to the permit holder of such housebarge and an opportunity to be heard before the marine author- ity. Such written notice shall be mailed to the permit holder of the housebarge at the address shown on the permit and shall state the date and time the marine authority will consider the pro- posed revocation. The grounds of revocation shall be: (1) Fifty percent or more of the exterior and interior structural members of the housebarge must be replaced for the housebarge to be seaworthy under U. S. Coast Guard regulations. (2) The housebarge or its inhabitants or users cause pollution to the waters of the city as defined in section 7-94 herein. (3) The condition of the housebarge constitutes an immediate hazard to the safety of the occupants or to other persons or property" be and the same is hereby amended to read as follows: "Sec. 7-72 . Permit revocation. Any permit for a housebarge may be revoked by the marine authority after written notice to the permit holder of such housebarge and an oppor- tunity to be heard before the marine authority. Such written notice shall be mailed to the permit holder of the housebarge at the address shown on the permit and shall state the date and time the marine authority will consider the proposed revo- cation. The grounds of revocation shall be: (1) Fifty percent or more of the exterior and interior structural members of the housebarge must be replaced for the housebarge to be seaworthy under U. S. Coast Guard regulations. (2) The housebarge or its inhabitants or users cause pollution to the waters of the city as defined in section 7-94 herein. (3) The condition of the housebarge constitutes an immediate hazard to the safety of the occupants or to other persons or property. (4) Failure to comply with the requirements of section 7-68 of the Code of the City of Miami Beach. " - 2 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 i S. SECTION 3 : All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4 : This ordinance shall become effective ten days after passage. PASSED and ADOPTED this 20th day of July , 1977. Mayor Attest: City Clerk • 1st Reading - June 22, 1977 2nd Reading - July 20, 1977 The adoption of the foregoing Ordinance was requested by Councilman Hal Spaet. - 3 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 • • O E L c E m•- c C-).- E tr N L� CN • CU v, I N- N L L C 7 — • C04-_0 C' O N — Z co-0 V, t0 C O W • (0 O v f••••- S- < L< v) (1) cs0 4-) ma 0 0 CD in N C a N.- L • L ((1 C C C (V (S ro E (U+J < L to