Ordinance 73-1973 ORDINANCE NO. 73-1973
AN ORDINANCE AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY REPEALING
AND RESCINDING PRE-EXISTING SUB-SECTIONS
b, c, AND d OF SECTION 17-B21 OF THE CODE
OF THE CITY OF MIAMI BEACH AND ADDING NEW
SUB-SECTIONS THERETO TO REPLACE SAID RE-
PEALED SUB-SECTIONS OF SECTION 17B-21.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That the existing Sub-sections b, c, and d, of
Section 17B-21 of the Code of the City of Miami
Beach, Florida, reading as follows:
" (b) The board shall have the power and authority to
hear and grant reasonable applications for extension
of time for completion of work being performed (i. e.
actual and physical completion of work) for a period
of no more than two weeks. In the event application
is made for extension of time for completion of work
beyond the two week limitation herein contained, an
enforcing officer shall make an inspection of the
applicant's premises before the board convenes and
determine if such a request for extension is meri-
torious. The enforcing officer must submit his
recommendation to the chairman before the board
convenes and the recommendation of the enforcing
officer shall be final and binding upon the board.
(c) To adopt, revise and amend from time to time
appropriate rules and regulations reasonably necessary
for the implementation, effective enforcement, admin-
istration and interpretation of the provisions of
this chapter and the minimum housing standards pres-
cribed herein, and to provide for the effective and
continuing establishment and enforcement of reasonable
minimum housing standards within the framework of this
chapter. No such rules and regulations shall be
adopted or become effective (including amendments)
until after a public hearing has been held by the
board pursuant to notice published at least ten days
prior to the hearing, and until such rules and
regulations have been approved by the city council,
When approved by the city council, such pules and
regulations shall have the force and effect of law.
(d) To make continuing studies and periodic reports
and recommendations for the improvement of minimum
housing standards for the city and to work in cooper-
ation with all federal, state and local agencies in-
terested in minimum housing standards and the elimin-
ation of slums and blighted areas. To publicize the
importance of adequate minimum housing standards, to
hold and conduct public hearings, discussions, forums
and institutes, to arrange programs for the presenta-
tion of information by experts in the field of housing
and slum clearance and to visit and study housing
programs conducted in other metropolitan areas . "
Be and the same are hereby repealed.
OiFICE OF CITY ATTORNEY--1130 WASHINGTON AVENUE-MIAMI REACH, FLORIDA 33139 •
SECTION 2 : That new Sub-sections b, c, d, and e of Section
179-21 of the Code of the City of Miami Beach,
Florida, be and the same are hereby adopted, to replace the
said Sub-sections b, c, and d of Section 17B-21 hereby repealed,
to be numbered and to read as follows:
" (b) The board shall have the power and authority
to hear and pass upon all applications for extension
of time for compliance with the provisions of this
ordinance, and notices issued by the Minimum Housing
Enforcement Officer. Applications for extension of
time for compliance shall be considered and determined
on the basis of the public interest and welfare and
not merely on economic benefit to the applicant,
applications shall be granted only when it is established
that the requested extension of time for compliance
will not be detrimental to the occupants or to the
public health, safety and welfare.
(c) The Board shall have the power and authority
to hear and pass upon applications for variances or
waivers of the provisions of this ordinance. Such
applications shall be granted only in instances where
the deviations from the minimum housing standards
herein provided are of a minor character, and it appears
that substantial compliance with the minimum housing
standards has been made by the applicant, and that
the granting of a variance or waiver would not be
detrimental to the occupants or to the public health,
safety and welfare.
(d) To adopt, revise and amend from time to time
appropriate rules and regulations reasonably necessary
for the implementation, effective enforcement, admin-
istration, and interpretation of the provisions of •
this ordinance and the minimum housing standards
prescribed herein, and to provide for the effective
and continuing establishment and enforcement of
reasonable minimum housing standards within the
framework of the chapter. No such rules and
regulations shall be adopted or become effective
(including amendments) until after..a public hearing
has been held by the Board pursuant to notice pub-
lished at least ten (10) days prior to the hearing,
and until such rules and regulations have been approved
by the City Council. When approved by the City Council,
such rules and regulations shall have the force and
effect of law.
(e) To make continuing studies and periodic reports
and recommendations for the improvement of minimum
housing standards for the City of Miami Beach and to
work in cooperation with all Federal; State and local
agencies interested in minimum housing standards and
the elimination of slums and blighted areas . To
publicize the importance of adequate minimum housing
standards , to hold and conduct public hearings, dis-
cussions forums and institutes , to arrange programs -
for the presentation of information by experts in the
field of housing and slum clearance and to visit
and study housing programs conducted in other metro-
politan areas . "
a
OFFICE OF CITY ATTORNEY—1130 WASHINGTON AVENUE—MIAMI BRACH, FLORIDA 33139
SECTION 3 : That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby
repealed.
SECTION 4 : That this ordinance shall go into effect immediately
upon passage and posting as required by law.
PASSED and ADOPTED this 19th day of December , 1973.
4 _ _ +��4
Mayor
Attest:
City Clerk
1st reading - November 21 , 1973
2nd reading -December 19, 1973
POSTED - December 24, 1973
•
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI REACH, FLORIDA 33139
STATE OF FLORIDA
COUNTY OF DADE:
I , ELAINE MATTHEWS, City Clerk, in and for the City of Miami Beach,
Florida, do hereby certify that Ordinance No. 73-1973 entitled:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
BY REPEALING AND RESCINDING PRE-EXISTING SUB-SECTIONS b,c AND d OF
SECTION 17-B21 OF THE CODE OF THE CITY OF MIAMI BEACH AND ADDING
NEW SUB-SECTIONS THERETO TO REPLACE SAID REPEALED SUB-SECTIONS OF
SECTION 17B-21 .
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me at the door of the City Hall
in said City on the 24th day of December , 1973 ,
and that said Ordinance remained posted for a period of at least thirty
days in accordance with the requirements of the City Charter of the said
City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the
official seal of the City of Miami Beach, Florida, on this the
6th day of February , 1974.
City Clerk
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