Ordinance 78-2144 ORDINANCE NO. 78-2144
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING SECTION 17B-13 OF THE CITY CODE TO PRO-
VIDE AN ADDITIONAL OR SUPPLEMENTARY METHOD OF
SERVICE UPON CERTAIN OWNERS OF PROPERTY SUBJECT
TO CHAPTER 17B OF SAID CODE THE SAME BEING THE
MINIMUM HOUSING AND COMMERCIAL PROPERTY STANDARDS
ORDINANCE OF THE CITY OF MIAMI BEACH; AMENDING
SECTION 17B-31 (L) OF THE CITY CODE TO REQUIRE
ABSENTEE OWNERS TO DESIGNATE A LOCAL AGENT; RE-
PEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1: That Section 17B-13 of the City Code of the City
of Miami Beach, Florida be and the same is hereby
amended to read as follows :
Section 17B-13. Same--Issuance of Notice of Violation.
Whenever the code enforcement officer finds and deter-
mines that there has been a violation of the minimum standards
established by this chapter, he shall give notice of such violation
to the person or persons responsible for such violation. Such
notice shall be in writing and in the form approved by the director
of the planning and zoning department and shall specify the vio-
lation. Such notice shall be served upon the person or persons
responsible for the violation. Such notice shall be deemed to be
properly served and binding upon the person or persons responsible
for the violation and upon the facilities or premises involved, if
a copy is served personally or served by certified mail or if,
after diligent search and inquiry the person or persons responsible
for the violation cannot be found or served by personal service or
certified mail, a copy of the notice is posted in a conspicuous
place on the facilities or premises involved. As an additional or
supplementary method of service, service of a Notice of Violation
may be had upon an owner by serving any person who has been
designated by such owner to collect rents with respect to the
subject property. The fact that any tenant has paid rent in any
preceding month to such person, and that such tenant has failed to
receive any written notice or protest from the owner with respect
to said payment within ten (10) days of the date such payment was
made, shall be deemed prima facie evidence that such person has
been designated by the owner to collect rents with respect to such
premises. Such designation shall be presumed to continue until
such time as the owner or the person designated shall in writing
notify the tenant otherwise. The Notice of Violation shall
specify that the violation must be corrected or a building permit
for the work required to correct the violation must be obtained
from the city building department and the planning and zoning
department within the time specified in the notice, and that final
compliance must conform to the requirements of the South Florida
Building Code, the city Zoning Ordinance, and any other applicable
ordinances of the city. Such notice may contain an outline of the
remedial action which, if taken, will constitute compliance with
the requirements of this chapter. Such notice shall inform the
person or persons to whom it is directed of the right to apply to
the minimum housing and commercial property appeals board for a
hearing and review of the matters specified in the notice. The
person or persons served with such notice shall have five days
after receipt of such notice to give written notice to the director
of the planning and zoning department of the city of their intention
to comply with such notice, and shall have five days thereafter to
present a certificate of compliance, or a certificate evidencing
r
,( OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
that corrections of such notice of violation has commenced, to
the director of the planning and zoning department, or notice
that they are exercising their right of appeal to the minimum
housing and commercial property appeals board.
The code enforcement officer is hereby empowered and
directed to record a copy of all notice of violation in the
public records of the county. The cost or fee for the recording
of such Notice of Violation and of recording the certificate of
compliance with such notice, shall be chargeable to the owner of
the premises involved, or the person responsible for such violation.
SECTION 2 : That Section 17B-31 (1) of the City Code of the City
of Miami Beach, Florida be and the same is hereby
amended to read as follows :
(1) Every owner, or his agent, of a building which has
rental units, shall post a sign in a conspicuous place, inside the
vestibule or lobby of the building, indicating the names, addresses
and telephone numbers, local and foreign, of the owner or his
manager, except, that this paragraph shall not apply where there
is a resident agent on the premises .
Every owner who does not maintain his principal
residence within Dade County Florida shall be required to desig-
nate, in writing, to the Code Enforcement Director of the City of
Miami Beach, some legally competent person who shall be designated
as the owner' s agent and who shall reside within Dade County.
Such person shall be authorized by said owner to accept Notices of
Violation, process, and other communications relating to the
enforcement of this code. The owner shall obtain the acceptance
of said designation from the person so designated in writing and
file same with the Code Enforcement Director at the time the
designation is filed. In the event the designated agent resigns,
retires, is terminated or the agency relationship is otherwise
terminated, the owner shall forthwith appoint another agent. The
code enforcement officer is authorized and directed to prescribe
a form for the purpose of implementing this Section. The infor-
mation to be provided on said form shall include the name and
residence address and telephone number of the owner and designated
agent, the address of the building, the designated agent' s work
address and telephone. Said form shall be required to be acknowl-
edged before a notary or other person authorized by law to take
oaths.
SECTION 3 : That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 4 : This ordinance shall go into effect upon its passage
in accordance with law.
PASSED and ADOPTED this 15th day of November , 1978 .
MaiL^40-.0600144(
Attest:
City lerk
1st Reading - November 1, 1978
2nd Reading - November 15, 1978
*Underlined words indicate additions (this Ordinarfce was prepared
at the request of Mayor, Dr. Leonard Haber) .
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OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE -MIXMI BEACH,FLORIDA 33139
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