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Ordinance 80-2201ORDINANCE NO. 80:-2201 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDI- NANCE NO. 80-2197 TO ADD LANGUAGE OMITTED BY SCRIVENER'S ERROR, RELATING TO THE CONVERSION OF RESIDENTIAL RENTAL UNITS TO CONDOMINIUMS; DECLARING THE EXISTENCE OF AN EMERGENCY AND CRISIS; PROVIDING FOR A MORATORIUM ON CON- VERSION; PROVIDING FOR PASSAGE AS AN EMERGENCY MEASURE. WHEREAS, certain language in the Condominium Moratorium Ordinance, No. 80-2197, was omitted by scrivener's error from the typewritten copy before the Commission at the meeting of Febru- ary 20, 1980; and WHEREAS, the Commission desires to include in the Ordi- nance a definition of taking deposits, in Section 2 E, a section giving the City the power of injunction, and a section on sever- ability; and 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 conversions 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 Ordinance No. 80-2197 of the City of Miami Beach shall be amended 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 February 20, 1980. 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. XX X OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 • i 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 February 20, 1980, to convert rental housing to condominium units. "Converting" is hereby defined as any one of the following: 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 5th day of March, 1980. Attest: XXX Passed and Adopted as an Emergency Measure - March 5, 1980 -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 0 4-1 0 Sa C.) ono 0 bn G +-1 N 14-1 cd •ri U cd • 4J U) G CD '—i OD cd +-J ) OD G O G r -I •ri 4-1 G •ri N cd a) G cn •H 'O .-. N ri i-1 G •ri 'O •ri a) I X •ri 3•+ O •O ^ ri a) > 0 G d co G • O •ai Ha) 0 a 03 H00-G�a• ^E C7 Z +-i a) ) • ^ 0 1:4 Ix N. (1) b G •r -1o U O C.) 0 — co •ri a) U) G (NI a) P cd P (1) al) Z I G ri U 7 F+ w'�•H O'UO G 0 E O • G ca 'O U O • G G P (•ri m 0 cd 0�5ouE bn ,n U •ri a) G 0 G P G b0 •ri •ri 'O G •ri 3-I 34 a) GE U 0 E +-) as a) v a) cd cn •—••0 41 0 ▪ ro 0 a