Ordinance 80-2197•
ORDINANCE NO. 80-2197
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE
CONVERSION OF RESIDENTIAL RT,NTAL UNITS TO
CONDOMINIUMS; DECLARING THE EXISTENCE OF AN
EMERGENCY AND CRISIS; PROVIDING FOR A MORA-
TORIUM ON CONVERSION; PROVIDING FOR PASSAGE
AS AN EMERGENCY MEASURE.
WHEREAS, the Commission finds that the conversion of
rental housing units to condominium units has caused an emergency
shortage of rental housing in the City constituting a crisis; and
WHEREAS, the great number of condominium ccr.ver .ions in
the City has created undue hardship to a substantial number of
citizens in the community; and
WHEREAS, the Commission desires to preserve available
housing opportunities within the community and to prohibit acts
which are detrimental to the health, safety and welfare of the
citizens of the City; and
WHEREAS, a grave and serious housing crisis exists which
requires study by the City in order to provide permanent means of
relief, and to provide time for studying means to protect purchasers
of converted living units;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the following Sections
shall be added to Chapter 17 of the City Code of the City of
Miami Beach to read as follows:
SECTION 1: Purpose
This Ordinance is intended to stop temporarily the
conversion of multi -family rental housing to condominium while
the City seeks other means to alleviate the housing shortage and
dislocation burdens caused by conversion.
SECTION 2: Applicability
This Ordinance applies to all owners of multi -family
residential units which owners have not done all of the following
as of the date of passage of this Ordinance:
A: Recorded a Declaration of Condominium in the
Public Records of Dade County in the manner
provided by State law.
B. Filed with the State Division of Florida Land
Sales and Condominiums documents and items
required by Florida Statute 718.502.
C. Mailed notices of intent to convert to all
tenants by certified mail.
D. Fixed prices for units.
E. Taken deposit for sale on at least one unit,
and deposit same in seller's or escrow bank
account.
SECTION 3: Prohibitions
It shall be unlawful for any owner of multi -family hous-
ing units to whom this Ordinance applies, for a period of 90 days
from the date of this Ordinance, to convert rental housing to
condominium units. "Converting" is hereby defined as any one of
the following:
x OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
A. The act of filing a Declaration of Condominium.
B. The act of offering for sale a residential
condominium unit previously occupied as a
rental unit.
C. Selling a unit previously occupied as a rental
as a condominium.
SECTION 4: Any owner or agent of an owner who violates the
provisions of this Ordinance shall be fined not more
than $1,000 for each act of conversion.
SECTION 5: The City shall be empowered to seek injunctive relief
to enforce this Ordinance.
SECTION 6: Severability
If any provision of this Ordinance, or the application
of such provision to any person or circumstance is
declared invalid by a court of competent jurisdiction, such inval-
idity should not affect any other provision or application of this
Ordinance, it being the intent of the City Commission that this
Ordinance shall be deemed severable.
SECTION 7: This Ordinance is adopted as an emergency ordinance
and shall take effect immediately upon passage.
PASSED and ADOPTED this 20th day of February, 1980.
Attest:
City lerk
Passed and Adopted as an Emergency Measure - February 20, 1980
-2-
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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