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Ordinance 74-1996 CHAPTER 17B. HOUSING AND COMMERICAL PROPERTY STANDARDS. ARTICLE I . IN GENERAL. 17B-1. Short title. 17B-2 . Findings of council. 17B-3. Purpose of chapter. 17B-4 . Applicability of chapter; conflict with other codes or regulations. 17B-5. Existing remedies preserved. 17B-6 . Definitions . ARTICLE II . ADMINISTRATION AND ENFORCEMENT. 17B-7. Code enforcement,officer--Director of planning and zoning department designated; assistants. 17B-8 . Same---Powers and duties generally. 17B-9 . Same---Identification. 17B-10 . Same---Records ; duty to make record searches and issue certificates thereon. 17B-11. Same---Inspection of dwellings and commercial property. 17B-12 . Same---Designation of buildings, etc. , unfit for human occupancy; placarding of unfit buildings ; condemnation of unfit buildings. 17B-13. Same---Issuance of notice of violation. 17B-14 . Same---Power to act in emergencies ; emergency order. 17B-15 . Same---Appeals from actions or decisions. 17B-16 . When notice of violation or emergency order constitutes final order. 17B-17. Minimum housing and commercial property appeals board-- Created; composition. 17B-18. Same---Appointment and qualifications of members . 17B-19 . Same---Terms of office of members; filling of vacancies . 1713-20 . Same---Officers ; compensation of members; quorum; meetings ; personnel to be provided by city manager. 17B-21. Same---Powers and duties generally. 17B-22 . Penalty for violation of chapter; remedial enforcement procedures . 17B-23. When tenant authorized to withhold payment of rent; payments to be held in escrowby board of appeals . 17B-24 . Review of final actions or decisions by circuit court. OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 ARTICLE III . MINIMUM STANDARDS 17B-25. Basic equipment, facilities and utilities. 17B-26. Light and ventilation; door and window screens; electrical outlets. 17B-27. Safe and sanitary maintenance of structure and facilities. 17B-28. Living space size, use and location requirements. 17B-29 . Hotels and rooming houses. 17B-30. Nondwelling structures and fences . 17B-31. Responsibilities of owners and occupants. ORDINANCE NO. 74-1996 MINIMUM HOUSING AND COMMERCIAL PROPERTY STANDARDS ORDINANCE AN ORDINANCE AMENDING CHAPTER 17B OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, TO BE KNOWN AS THE MINIMUM HOUSING AND COMMERCIAL PROPERTY STANDARDS; PROVIDING RECITATIONS OF LEGISLATIVE AUTHORITY; PROVIDING SHORT TITLE; MAKING LEGISLATIVE FINDINGS AND DECLARING LEGISLATIVE INTENT; PROVIDING FOR CONSTRUCTION AND APPLICABILITY OF CHAPTER; PRESERV- ING EXISTING REMEDIES; PROVIDING DEFINITIONS; ES- TABLISHING CODE ENFORCEMENT OFFICER AND PRESCRIBING HIS DUTIES; PROVIDING FOR IDENTIFICATION OF HOUSING OFFICIALS; PRESCRIBING PROCEDURES FOR INSPECTIONS , NOTICE OF VIOLATIONS AND FINAL ORDERS ; PROVIDING FOR RECORDATION OF FINAL ORDERS; PROVIDING FOR OB- TAINING COPIES OF RECORDS ; PROVIDING REMEDIES FOR ENFORCEMENT; GRANTING POWER TO ACT IN EMERGENCIES; PROVIDING FOR ADMINISTRATIVE APPEALS; ESTABLISHING MINIMUM HOUSING AND COMMERCIAL PROPERTY APPEALS BOARD AND PRESCRIBING ITS DUTIES; PRESCRIBING MINIMUM HOUSING AND COMMERCIAL PROPERTY STANDARDS AS TO BASIC EQUIPMENT, FACILITIES , LIGHT AND VENTILATION, SAFETY AND SANITARY MEASURES , SPACE, USE AND LOCATION REQUIRE- MENTS , AND RESPONSIBILITIES OF OWNERS AND OCCUPANTS; PRESCRIBING MINIMUM STANDARDS FOR HOTELS, HOTEL UNITS AND ROOMING HOUSES; PRESCRIBING FOR DESIGNATION OF UNFIT BUILDINGS ; PROVIDING FOR JUDICIAL REVIEW; PROVIDING SEVERABILITY CLAUSE, REPEAL CLAUSE, INCLUSION IN CODE, AND EFFECTIVE DATE. CITY OF MIAMI BEACH MINIMUM HOUSING AND COMMERCIAL PROPERTY STANDARDS ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: -2- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 SECTION 1. That Chapter 17-B of the Code of the City of Miami Beach be and the same is hereby amended to read as follows : ARTICLE I. In General. Sec. 17B-1. Short Title. This chapter shall be known and may be cited as the "City of Miami Beach Minimum Housing and Commercial Property Standards Ordinance" . (Ord. No. 1582 , 1. 01) Sec. 17B-2 . Findings of council. The city council hereby finds and declares that there presently exists in the city,buildings which are, or may become in the future, substandard with respect to structure, equipment or maintenance. Further, that such conditions , together with inadequate provision for light and air, insufficient protection against fire hazards , lack of proper ventilation for heating and cooling, unsanitary conditions and overcrowding, constitute a menace to the health, safety, morals , welfare and reasonable comfort of the citizens and visitors of this metropolitan area. It is further found and declar- ed, that the existence of such conditions , factors or characteris- tics , if not remedied, will create slum areas requiring large scale clearance; and further, that in the absence of corrective measures, such areas will experience a deterioration of social values, a curtailment of investment and tax revenues and impairment of economic values . It is further found and declared, that the es- tablishment and maintenance of minimum housing and commercial property standards are essential to the prevention of blight and decay, and the safeguarding of public health, safety, morals and welfare. (Ord. No. 1582, 1. 02 ; Ord. No. 74. 1996. ) Sec. 17B-3. Purpose of Chapter. The intent and purpose of this chapter is to protect the public health, safety, morals and welfare of all the people of the city, by establishing minimum standards governing the condition, occu- pancy and maintenance of all buildings and premises, establishing minimum standards governing utilities, facilities and other -3- r OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 physical components and conditions essential to make such buildings and premises safe, sanitary and fit to be occupied, fixing certain responsibilities and duties of owners , operators, agents and occupants of any building, authorizing and establishing procedures for the inspection of such buildings, and the condemnation and vacation of those buildings to be occupied and fixing penalties for the violations of the provisions of this chapter. This chapter is hereby declared to be remedial and essential to the public interest, and it is intended that this chapter be liberally con- strued to effectuate the purposes as stated above. (Ord. No. 1582, 1. 03; Ord. No. 73-1949, 2 ; Ord. No. 74. 1996. ) Sec. 17B-4 . Applicability of chapter; conflict with other codes or regulations. The provision of this chapter shall be applicable as a minimum standard in the city. Every portion of a building or premises used or intended to be used for stores , commercial or office buildings , or any dwelling purpose, except temporary housing in times of local emergency, disaster or necessity, shall comply with the provisions of this chapter, irrespective of when such building shall have been constructed, altered or repaired, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building or for the installation or repair of equip- ment of facilities, prior to the effective date of this chapter. This chapter is intended and shall be construed as establishing minimum standards for the initial and continued occupancy of all buildings. It is not intended to replace, modify, supersede or diminish the standards established for the construction, repair, alteration or use of buildings , equipment or facilities by the South Florida Building Code. In any case where any provision of this chapter is found to be in conflict with a material and controlling provision of the Comprehensive Zoning Ordinance, the South Florida Building Code, any other municipal ordinance, code or regulation or any rules or regulations of`•the Florida State -4- • vs. OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 Board of Health, the provision which establishes the highest standard shall prevail. All municipal departments, officials and employees who have the duty, responsibility or authority to issue permits or licenses in regard to the use and occupancy of buildings, shall conform to the provisions of this chapter, as a minimum standard. It shall be the duty and responsibility of municipal departments , officials and employees to enforce the minimum standards prescribed by the provisions of this chapter. (Ord. No. 1582 , 1. 04; Ord. No. 73-1949 3 ; Ord. No. 74. 1996. ) Sec. 17B-5. Existing remedies preserved. Nothing in this chapter shall be deemed to abolish or impair any existing remedies relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or unsanitary. This chapter shall not effect violations of any other municipal ordinance, code or regulation existing prior to the effective date of this chapter, and such violations shall be governed and shall continue to be punished to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed. (Ord. No. 1582 , 1. 05. ) Sec. 17B-6 . Definitions. In construing the provisions of this chapter, where the context will permit and no definition is provided herein, the definitions pro- vided in chapter 4 of the South Florida Building Code shall apply. The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: Accessory Building: A detached sub-ordinate building or portion thereof, the use of which is incidental to and customary in connection with the main building or use and which is located on the same lot with such main buildings or use. Apartment: One or more rooms occupied as a home or residence, for an individual, family or household. The existence of kitchen sink accommodations and cooking facilities , and bathroom facilities within shall be sufficient to classify such as an apartment. -5- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 Apartment Building: A building with or without resident supervision occupied or intended to be occupied by more than two families living separately with separate cooking facilities in each unit. Apartment Hotel : A building containing both apartments and hotel units under resident supervision, which maintains an inner lobby through which all tenants must pass to gain access to apart- ments or hotel units. Approved: Approved by the head of the enforcement agency or his authorized representatives. Basement: That portion of a building between floor and ceiling, which is so located that one-half or more of the clear height from floor to ceiling is below grade. Building: Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property. The term "building" shall be construed as if followed by the phrase "or any part thereof. " This term to include commercial buildings , dwelling (single family) , dwelling (two family) , dwelling (multiple family) . Commercial Buildings : All stores, offices, garages , restau- rants , theatre, clinic, nursing homes, or other similar facilities or any parts of the building used or intended to be used to serve, entertain or perform any service and/or business to or for the public. The term "commercial building" shall be construed as if followed by the phrase "any part thereof" . Commercial Property: Shall be synonymous with Commercial Building. Commercial Unit: Any room or group of rooms located within a building forming a single unit which will be used or intended to be used, for any use as described in Commercial Building. Condominium: Defined by Chapter 711, Florida Statutes. Co-operative Apartment Building - Co-op: Defined by Chapter 711, Florida Statutes. -6- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 Dwelling: Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and/or eating, unless otherwise indicated herein. Dwelling, Multiple-family: This term shall be understood to include apartment buildings, apartment hotels, hotels, motel apartments , motels, and other buildings of similar use. This term to exclude condominiums and co-operatives. Dwelling, single-family: A building designed for or occupied exclusively by one family. This term is to be understood to include private homes, condominiums, co-operatives and bungalows, and all other buildings of similar use. Dwelling, two-family: A detached building, divided horizon- tally or vertically and designed for or occupied by two single- family housekeeping units, contained under one roof and having one dividing partition common to each unit or having the ceiling structure of the lower unit the floor structure of the unit above. Enforcing agency: The Planning and Zoning Department of the City of Miami Beach. Enforcing officer: Any employee of the enforcing agency charged with the responsibility of making inspections of buildings and premises and issuing violation notices when necessary. The term shall be synonymous with inspecting officer. Floor area (net) : Shall be actual occupied area, not including closets, halls, pantries, storage areas or thickness of walls. Garbage: The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. Habitable room: A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, ex- cluding bathrooms, shower rooms , water closet compartments , laun- dries , pantries, foyers , connecting corridors, closets and storage spaces. Head of enforcement agency: The director of the Planning and Zoning Department of the City. -7- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 Hotel: A building occupied or intended to be occupied generally by transient residents with all residents occupying sleeping units and with ingress and egress to and from all rooms made through an inside lobby and/or office supervised by a person in charge at all times. Hotel unit: Any hotel room or group of hotel rooms forming a single habitable unit used or intended to be used for living and sleeping. Motel units shall be included in this category. Infestation: The presence of any insects , rodents, vermin or other pests. Inspecting officer: Synonymous with the term enforcing officer as defined in this section. Motel: A building occupied or intended to be occupied by transient residents traveling by automobile, with all residents occupying sleeping units and ingress or egress may or may not be through a common lobby or office that is supervised by a person in charge at all times . Non Dwelling Structure: Any unoccupied building, accessory building, such as a carport, cabana, storage building, etc. , and every fence. Occupant: Any person using or having actual possession of any building. Occupied: Any building used or intended to be used by persons. Operator: Any person who has charge,care or control of a building. Owner: Any person, firm,corporation or other legal entity, who individually or jointly or severally with other, holds the legal or beneficial title to any building, facilities, equipment or premises subject to the provisions of this chapter. The term shall include the owner' s duly authorized agent, a purchaser, devisee, fiduciary, property holder or any other person, firm corporation or legal entity having a vested or contingent interest, or in the case of a leased premises, the legal holder of the lease, or his legal representative. It is intended thatthis term shall -8- f ta.. OFFICE OF THE CITY ATTORNEY — 1130 WASHINGTON AVENUE — MIAMI BEACH, FLORIDA 33139 be construed as applicable to the person, firm, corporation or legal entity responsible for the construction, maintenance and operation of the building, facilities or premises involved. Person: Individuals , children, firms, associations, joint ventures , partnerships , estates, trusts, business trusts, syndi- cates , fiduciaries , corporation and all other groups or combinations. Premises : Any occupied or unoccupied building, accessory structure, lot or parcel of land or any part thereof, used or intended to be used for stores, commercial or office buildings or residential purposes, including dwelling (multiple family) , dwelling (single family) , dwelling (two family) , condominium and cooperative. Room: Any compartment, in any building, but not including pantries , storage or equipment bathrooms , halls , closets , spaces.g Rooming house: Any building of multiple family status , where for compensation and by pre-arrangement, lodging, meals or lodging and meals are provided for three or more persons , this term shall be construed as if followed by the phrase "any part thereof. " Rubbish: All combustible and noncombustible waste materials, except garbage. The term shall include paper, rags , cartons , boxes , wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass and crockery and residue from the burning of wood, coal, coke and other combustible materials. Supplied: Paid for, furnished or provided by or under control of the owner or operator. Temporary housing: Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system in a permanent manner. Whenever the words "dwelling, " "dwelling unit, " "apartment hotel, " "hotel, " "hotel unit, " "rooming house, " "rooming unit, " "condominium, " "cooperative apartment building, " and premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof. " (Ord. No. 1582 P. 1. 06; Ord. No. 1652-1, PP 1 to 4; Ord. No 73-1949, PP 4 to 7; Ord. No. 73-1953 , Pl ; Ord. No. 74. 1996. ) -9- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 ARTICLE II . Administration and Enforcement. Sec. 17B-7. Code enforcement officer--Director of Planning and Zoning Department designated; assistants. The office and position of code enforcement officer is hereby designated to be the director of the planning and zoning department. The City shall appoint such assistants to the director of the plan- ning and zoning department as may be necessary in order that his duties may be properly performed, subject to budget limitations. The organization and administrative operating procedures of such city office and its relationship and coordination with other ad- ministrative departments , agencies , officials and employees of the city government shall be established and placed in effect, from time to time, by administrative order of the city manager. (Ord. No. 1582 , 1. 07; Ord. No. 1652-1, 5 ; Ord. No. 74. 1996. ) Sec. 17B-8 . Same---Powers and duties generally. The duties , functions, powers and responsibilities of the code enforcement officer shall include the following: (a) The enforcement of the provisions of this chapter and rules and regulations promulgated hereunder, and all city ordinances , codes, rules and regulations pertaining to housing and commercial buildings and the use and occupancy of buildings, and all rules and regulations of the state board of health and the state hotel and restaurant commission, in cooperation with such state agencies. • (b) Investigate complaints , make a continuing study of all buildings in the city, institute actions necessary to abate viola- tions of all city and state regulations governing the use and occu- pancy of such buildings and prosecute proceedings for violations of this chapter. (c) Make appropriate surveys and inspections to determine whether the provisions of this chapter are being complied with, and whether minimum standards are being maintained. (d) Make inspections of all buildings, or facilities and equipment in accordance with procedures prescribed by this chapter to determine whether the provisions of this chapter are -being complied with, and -10- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 make recommendations for methods by which minimum standards may be more effectively maintained. (e) Render all possible assistance and technical advice to persons operating and maintaining any building facilities, premises and equipment. (f) Establish, operate and maintain a continuous program for monitoring and inspection of buildings in the City of Miami Beach, designed to provide accurate data and information as to whether the minimum standards established by this chapter are being complied with and whether the level of adequate housing and commercial pro- perty facilities is increasing or decreasing in the city. (g) Publish and disseminate information to the public concerning all matters relating to minimum housing and commercial property standards and the advantages of such adequate facilities. (h) Render all possible assistance and cooperation to federal, state and local agencies and officials in the accomplishment of effective minimum standards and controls . (i) Make periodic reports concerning the status of minimum standards and the enforcement of the provisions of this chapter, and recommendations concerning the improvement of minimum standards and controls. (j) Perform such other administrative duties as may be assigned by the city manager. (Ord. No. 1582, 1. 08; Ord. No. 73-1949 , 8,9 ; Ord. No. 74. 1996. ) Sec. 17B-9 . Same---Identification. The code enforcement officer and all assistants shall be furnished with official identification cards signed by the director of the planning and zoning department, which identification cards shall contain the name of the officer, his photograph, pertinent des- criptive identifying information and such other matters designed to facilitate recognition by the public of the status of such official. Upon request, the code enforcement officer and assistants shall exhibit such identification when entering any building or premises . The requirements of this section shall not in anyway be construed as relieving the code enforcement officer or assistants -11- f OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 from compliance with the procedures prescribed in this chapter for making inspection. (Ord. No. 1582 , 1. 09; Ord. No. 1652-1, 6 ; Ord. No. 74. 1996. ) Sec. 17B-10. Same---Records; duty to make record searches and issue certificates thereon. All records of the code enforcement officer shall be public. Upon request, the code enforcement officer shall be required to make a search of the records maintained under his supervision and control and issue certificates concerning violations and as to whether the property involved has been inspected and whether or not any viola-. tions have been found to exist in respect thereto. The code enforcement officer shall have the power and authority to charge and collect reasonable fees for making such searches and certifi- cates . (Ord. No. 1582 , 1.13 ; Ord. No. 74. 1996. ) Sec. 17B-11. Same---Inspection of dwellings. The enforcing agency is hereby authorized and directed to make inspections after written notice by the director of the planning and zoning department setting forth the time and date inspection is to be made to determine the condition of all buildings and premises . For the purpose of making such inspections, the inspect- ing officers of the enforcing agency are hereby authorized to enter, examine and survey between the hours of 9 : 00 A.M. and 5: 00 P.M. all buildings or any other structure or premises. The owner, operator or occupant of every building, or the person in charge thereof, shall give the inspecting officer free access at all reasonable times for the purpose of such inspection, examination and survey, and shall supply as correctly and promptly as possible all informa- tion requested by the inspecting officer. Every occupant of any building shall give the owner thereof, or his agent or employee, access to any part of such building or its premises at all reason- able times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any rule, regulation or lawful order issued pursuant to the provisions of this chapter. Failure to permit an inspection to be made in compliance with the provisions of this section shall -12- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE- MIAMI BEACH, FLORIDA 33139 constitute a violation of this chapter and shall subject the violator to the penalties prescribed herein. (Ord. No. 1582, 1-10; Ord. No. 1652-1, 7; Ord. No. 73-1949 , 10 ; Ord. No. 74. 1996. ) Sec. 17B-12. Same---Designation of buildings, etc. , unfit for occupancy; placarding of unfit buildings; condemnation of unfit buildings . The designation of buildings as unfit for occupancy and the procedure for condemnation and placarding, as unfit for occupancy, or such unfit buildings , shall be carried out in compliance with the following requirements : (a) Any building which shall be found to have any of the follow- ing defects shall be designated by the enforcement officer as unfit for occupancy and shall be so placarded: (1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public. (2) One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public. (3) One which, because of its general condition or location, is unsanitary, or otherwise dangerous to the health or safety of the occupants or of the public. (b) Any building declared unfit for occupancy by the enforcing agency shall be so designated by posting a placard in a conspicuous place on the structure. (c) A building condemned and placarded as unfit for occupancy shall be vacated within thirty days as ordered by the enforcing agency and shall not be used for occupancy again until written approval is secured from, and the placard removed by, the enforcing agency. The enforcing agency shall order the removal of the placard whenever the defect or defects upon which the condemnation and placarding actions were based, have been eliminated. -13- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE -MIAMI BEACH, FLORIDA 33139 (d) No person shall deface or remove the placard from any building which has been condemned as unfit for occupancy and pla- carded as such except as provided in subsection (c) of this section. (e) Any person whose property has been placarded as unfit for occupancy may request and shall be granted a hearing on the matter before the minimum housing and commercial property appeals board of the city. (f) Where the enforcement officer determines that a building is an unsafe building within the provisions of section 202 of the South Florida Building Code, he shall immediately report the matter to the building official. ( Ord. No. 1582 , 2. 08 ; Ord. No. 74. 1996. ) Sec. 17B-13 . Same---Issuance of notice of violation. Whenever the code enforcement officer finds and determines 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 plann- ing and zoning department and shall specify the violation. 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 facili- ties or premises involved. Such notice shall specify that the violation must be corrected or a building permit for the work re- quired 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 -14- r OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE- MIAMI BEACH, FLORIDA 33139 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 that cor- rections of such notice Qf 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 com- mercial property appeals board. The code enforcement officer is hereby empowered to record a copy of all notices 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. (Ord. No. 1582, 1. 11; Ord. No. 1652-1, 8; Ord. No. 1831, 1; Ord. No. 73-1949 , 11 ; Ord. No. 74. 1996. ) Sec. 17B-14 . Same---Power to act in emergencies; emergency order. For the purpose hereof, an emergency is defined to mean a relatively permanent condition of insufficiency of service or of facilities resulting in immediate peril or threat to the health, safety or general welfare of the occupant of the facility or premises in question or to the general public. Whenever the code enforcement officer finds that a violation of the provisions of this chapter exists which is an emergency and requires immediate action to abate a direct and continuing hazard, or immediate danger to the health, safety or welfare of the occupants or the public, such officer shall, after giving notice of the violation within a period of forty-eight hours after such finding by certified mail, -15- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 issue an emergency order, designated as such, citing the violation and directing that such action be taken as may be necessary to remove or abate the hazard of danger. Immediate action as set forth herein, shall be mandatory in regard to defective or inop- erative equipment of facilities, including but not limited to the following: Individual air conditioning units or central air con- ditioning, toilets, sinks, roof leakage (temporary repair) , broken windows , stoves , refrigerators and flooding and broken pipes. Not- withstanding any other provision of this chapter, such emergency order shall be effective immediately or as otherwise provided. (Ord. No. 1582 , 1. 15; Ord. No. 1832, 2 ; Ord. No. 74. 1996. ) Sec. 17B-15. Same---Appeals ,from actions or decisions . Any person aggrieved by any action or decision of the code enforce- ment officer may appeal to the minimum housing and commercial property appeals board, within ten days, after receipt of the notice of violation, or within twenty-four hours in cases of emergency orders pursuant to section 17B-14 , a written notice of appeal which shall set forth concisely the action or decision appealed from the reasons or grounds for the appeal. The board shall set such appeal for hearing on the very next agenda following such notice of appeal, and cause notice thereof to be given to the appellant and the code enforcement officer. The board shall hear and consider all facts material to the appeal and render a decision promptly. The board may affirm, reverse or modify the action or decision appealed from; provided, that the board shall not take any action which conflicts with or nullifies any of the provisions of this chapter. The deci- sion of the board shall be final, and no rehearing or reconsideration shall be considered. Any person aggrieved by any decision of the board on an appeal shall be entitled to apply to .the circuit court for a review thereof by petition for writ of certiorari in accord- ance with the applicable court rules. (Ord. No. 1582, 1. 16; Ord. No. 1832, 3; Ord. No. 73-1949, 14 ; Ord. No. 74. 1996. ) Sec. 17B-16. When notice of violation or emergency order constitutes final order. Any notice of violation provided for in section 17B-13, shall -16- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 • automatically become a final order in the event that no appeal from the notice of violation is filed with the minimum housing and commercial property appeals board within ten days after the date of service of the notice of violation, other than emergency orders , as set forth in section 17B-14. Any emergency order pro- vided for in section 17B-14 shall automatically become a final order in the event that no appeal from the emergency order is filed with the minimum housing and commercial property appeals board within twenty-four hours after the date of service of the emergency order, exclusive of the date of service and intervening Saturdays; Sundays and legal holidays , if any. (Ord. No. 1582, 1. 12; Ord. No. 1832, 1; Ord. No. 73-1949 , 13 ; Ord. No. 74. 1996. ) Sec. 17B-17. Minimum housing and commercial property appeals board- created; composition. The city minimum housing and commercial property appeals board is hereby created and established. The board shall consist of seven (7) members appointed by the city council. (Ord. No. 1582, 1. 17 ; Ord. No. 74. 1996. ) Sec. 17B-18. Same---Appointment and qualifications of members. Members of the minimum housing and commercial property appeals board shall be permanent residents of the city and of good reputa- tion and standing in the community. Appointments shall be made by the city council and shall consist of reputable professional or business people, not less than two of whom shall be tenants who do not have, hold or possess any proprietary interests in real estate. The director of planning and zoning shall be an ex officio member of the board, without vote. In addition, the members of the board shall have the right and duty to consult with any member of the city administration for technical or other information per- taining to the matters before them. (Ord. No. 1582, 1. 17; Ord. No. 74-1982 ; Ord. No. 74. 1996. ) Sec. 17B-19 . Same---Terms of office of members, filling of vacancies. All appointments shall be for a term of three years . Appointments to fill any vacancy on the board shall be for the remainder of the unexpired term. (Ord. No. 1582, 1. 17 ; Ord. -No. 74. 1996. ) -17- r OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 Sec. 17B-20 . Same---Officers; compensation of members, quorum; meetings; personnel to be provided by city manager. The members of the minimum housing and commercial property appeals board shall elect a chairman and such other officers as may be deemed necessary or desirable, who shall serve at the will of the board. Four members of the board shall constitute a quorum necessary to hold a meeting or take any action. A majority vote of those present at a duly constituted meeting shall be sufficient for any other actions. Members shall serve without compensation, but shall be entitled to be reimbursed for necessary expenses incurred in the performance of their official duties, upon approval by the city council. The chairman shall call two meetings of the board per month and further meetings may be called by written notice signed by three members of the board. If the board has not been notified by any applicant to take an appeal before the board, the chairman of the board shall have the right to cancel the required meetings per month. Minutes shall be kept of all meetings of the board. All meetings shall be public. The city manager shall provide ade- quate and competent clerical and administrative personnel as may be reasonably required by the board for the proper performance of its duties, subject to budget limitations. The city manager shall provide a regular meeting place for the board. (Ord. No. 1582, 1. 17; Ord. No. 73-1949 , 15 ; Ord. No. 74. 1996. ) Sec. 17B-21. Same---Powers and duties generally. The minimum housing and commercial property appeals board shall have the following duties, functions, powers and responsibilities : (a) Hear and determine appeals from actions and decisions of the code enforcement officer in accordance with the provisions of section 17B-15. (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 Code Enforcement Officer. Applications for extension of time for com- pliance shall be considered and determined on the basis of the public -18- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE i. MIAMI BEACH, FLORIDA 33139 interest and welfare and not merely on economic benefit to the applicant, applications shall be granted only when it is establish- ed 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 standards herein provided are of a minor character, and it appears that substantial compliance with the minimum 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, administration, and interpretation of the provisions of this ordinance and the minimum standards prescribed herein, and to provide for the effective and continuing establish- ment and enforcement of reasonable minimum 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 recom- mendations for the improvement of minimum standards for the City of Miami Beach and to work in cooperation with all Federal, State and local agencies interested in minimum housing and commercial property standards and the elimination of slums and blighted areas. To publicize the importance of adequate minimum standards , to hold and conduct public hearings , discussions, forums and institutes , to arrange programs for the presentation of iAformation by experts in -19- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE- MIAMI BEACH, FLORIDA 33139 the field of housing and slum clearance and to visit and study housing programs conducted in other metropolitan areas . (Ord. No. 1582, 1. 17; Ord. No. 1832 ; 4; Ord. No. 73-1949, 16, 17; Ord. No. 74. 1996. ) Sec. 17B-22 . Penalty for violation of chapter; remedial enforcement procedures . It shall be unlawful for any person to fail to comply with the mini- mum standards established by this chapter, or to fail or refuse to comply with the requirements of any final order issued in accordance with the provisions of this chapter. If any person shall knowingly fail or refuse to obey or comply with, or willfully violates any of the provisions of this chapter, or any lawful final order issued hereunder, such person, upon conviction of such offense, shall be punished by a fine not to exceed five hundred dollars, or by im- prisonment not to exceed thirty days in the city jail, or both at the discretion of the court. Each day of continued violation shall be considered as a separate offense, however the imprisonment pro- vision of this section shall not be applicable to more than one violation which is a recurring or continuing violation on consecutive dates. The provisions of this chapter, and final orders issued in accordance with the provisions of this chapter, may be enforced by mandatory injunction, or other appropriate civil action. As a cumulative and supplemental method of enforcing the remedial purposes of this chapter, the code enforcement officer is authorized, empowered and directed, in the event of a willful and intentional failure or refusal to obey or comply with the requirements of any final order issued in accordance with the provisions of this chapter ten days after date of receipt of such notice, to carry out or cause to be carried out the provisions of such final order. Bids, may be requested for the work and material as a whole or for any part thereof, separately. The code enforcement officer shall have the right to reject any or all bids, and if all bids are rejected, the enforcement officer may readvertise for all or part of such work and materials, or may determine to do all or a part of the work by city forces . After a contract shall have been entered into for any work or materials required for complaince, or if the enforcement officer shall prepare an appropriate claim of lien, -20- OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE = MIAMI BEACH, FLORIDA 33139 which shall set forth the following: A description of the lots and parcels of land involved, the name of the owner of each lot or parcel where such can be ascertained from the city records and the total cost of work and materials which, if made by contract, shall be the price named therein, or the price computed from unit prices named therein, taking into consideration minor changes and altera- tions found necessary, but if city forces shall do the work or furnish the material, the actual cost of such work or material, and in all cases the amount of incidental expenses , estimated or actual. Such claim of lien shall thereupon be filed of record in the public records of the county, and shall be dischargeable upon payment thereof in the same manner as other claims of lien for taxes or special assessments are discharged and satisfied. (Ord. No. 1582 , 1. 14 ; Ord. No. 1831, 2; Ord. No. 73-1949 , 13 ; Ord. No. 74. 1996. ) Sec. 173-23. When tenant authorized to withhold payment of rent; payments to be held in escrow by board of appeals. In the event that the code enforcement officer has duly served a notice of violation upon the person responsible therefor, and no timely appeal from a notice of violation has been filed with the minimum housing and commercial property appeals board by the land- lord; or, in the event that a building has been duly designated as being unfit for occupancy, and the time for filing an appeal from such designation or determination has expired, or, in the event that a timely appeal has been taken by the landlord, and the decision or determination of the code enforcement officer is affirmed; and if the tenant is current in the payment of his rent at the expiration of the time for appeal or at the time of the affirmance by the minimum housing and commercial property appeals board of the decision or determination of the code enforcement officer and there is on file in the official records of the city ' s planning and zoning department a certification by the code enforce- ment officer that such landlord has failed to correct the violation involved, then the tenant is authorized and empowered to withhold the further payment of rent to the landlord until such time as the -21- OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 violations found and determined to exist by the code enforcement officer shall have been corrected; provided, however, that the tenant' s right to suspend the payment of further rent is conditioned upon paying the rent due, and thereafter to become due, into an escrow fund created and maintained by the minimum housing and commercial property appeals board in an appropriate bank account. Immediately upon the city code enforcement officer having certified that the violation or violations have been corrected, such officer shall forthwith cause the payment of the withheld rent to be made to the landlord. The willful withholding of rent by a tenant, with- out being so authorized to do so by the provisions of this section, shall be deemed to be a violation of this chapter. (Ord. No. 1582, 2. 09 ; Ord. No. 1884 ; Ord. No. 74. 1996. ) Sec. 17B-24. Review of final actions or decisions by circuit court. Any person jointly or severally aggrieved by any final action taken or final decision rendered pursuant to the provisions of this chapter, may seek to have such action or decisions reviewed by the circuit court of the county by petition for certiorari in the manner prescribed by the rules of court; provided, that such person shall have first exhausted the administrative remedies provided for in this chapter. (Ord. No. 1582, 3. 01) ARTICLE III. Minimum Standards. Sec. 17B-25. Basic Equipment, facilities and utilities. No person shall occupy, or let to another for occupancy, any build- ing which does not comply with the following requirements : (a) Every area designed and used for the purpose of cooking in a building shall contain a kitchen sink in good working condi- tion and properly connected to an approved water system and sewer system. It is the intent of this section to exclude hotel units. (b) Every single family dwelling, two family dwelling and apartment unit shall contain a room which affords privacy to a person within such room and which is equipped with a flush water closet, lavatory basin and bathtub or shower in good working con- dition and properly connected to an approved water system and -22- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 sewer system. Every commercial unit, except office buildings, shall have a room which affords privacy to a person within such room and which is equipped with a flush water closet and a lava- tory basin in good working condition and properly connected to an approved water system and sewer system except where more than ten (10) employees are employed on the premises in which case there must be two (2) such facilities, one designated for men and one designated for women. Office buildings and restaurants shall have one such facility designated for men and one such facility designated for women. The common areas of hotels and office buildings shall provide one such facility, properly designated for each sex. This is not intended to include office buildings or accessory uses in hotels and apartment hotels where such facil- ities are provided for the public. (c) Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of this section shall be properly connected with both hot and cold water lines. (d) Every dwelling and commercial building where there are cooking facilities within shall have water heating facilities which are properly installed, maintained in safe and good working condi- tion and properly connected with the hot water lines required under the provisions of subsection (c) of this section, and which are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower. (e) Every occupied dwelling, excluding hotel units, shall be provided with properly installed cooking facilities having at least two top burners. Vacant dwellings shall be provided with utility connections for such facilities. (f) Every building shall have adequate garbage disposal facilities or garbage storage containers. (g) Every building shall have two safe and unobstructed means of egress leading to an open space at ground level. (Ord. No. 1582, 2 . 01; Ord. No. 1652-1, 9; Ord. No. 1832, 5 ; Ord. No. 74. 1996. ) -23- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 Sec. 17B-26. Light and ventilation; door and window screens; electrical outlets. No person shall occupy, or let to another for occupancy, any building which does not comply with the follow- ing requirements : (a) Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area which provides light to each habitable room shall be not less than ten percent of the floor area of such room. Whenever exterior walls or other light-obstructing structures are located less than three feet from the window shall not be deemed to face directly to the outdoors and shall not be included in the required minimum total window area. Whenever the only window in a room is a sky- light-type window located in the top of such room, the minimum total window area of such skylight shall be not less than fifteen percent of the total floor area of the room. (b) Every habitable room shall be ventilated by openable areas equal to fifty percent of the required minimum window area, as set forth in subsection (a) of this section, or by equivalent mechani- cal ventilation as approved by the code enforcement officer. (c) Every bathroom, shower room and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in subsections (a) and (b) of this section; except, that no window or skylight shall be required in adequately ventilated bathrooms , shower rooms and water closet compartments equipped with an approved mechanical ventilating system which automatically becomes operational when the bathroom switch is turned on. (d) Every door, window or other device opening to outdoor space and used or intended to be used for ventilation shall be provided with an approved type of screen for protection against mosquitos, flies and other insects. (e) Every opening beneath a building, including basement or cellar windows and crawl space, shall be equipped with an approved type of screening or lattice work to keep 9ut any animals. -24- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE'- MIAMI BEACH, FLORIDA 33139 (f) In all areas where electric power service is available, every habitable room shall contain at least two separate and properly installed wall-type electric outlets or one such outlet and one properly installed ceiling-type electric light fixture. Every bath- room, shower room, water closet compartment and laundry room shall contain at least one properly installed ceiling or wall-type electric light fixture. All electrical devices shall be properly installed and located to prevent electrical shock to any person. (g) Every hall and stairway located in a structure used for human habitation shall be provided with not less than one foot candle of natural light throughout or with properly installed electric lighting facilities which provide not less than one foot candle of illumination throughout and which are controllable by the occupants of the struc- ture and available at all times. (Ord. No. 1582, 2. 02; Ord. No. 1652-1, 10 ; Ord. No. 74. 1996. ) Sec. 17B-27 . Safe and sanitary maintenance of structure and facilities. No person shall occupy, or let to another for occupancy, any building which does not comply with the following requirements : (a) All foundation walls shall be structurally sound, reason- ably rodentproof and maintained in good repair. Foundation walls shall be considered to be sound if they are capable of bearing imposed loads and are not deteriorated. (b) Every building shall be reasonably weathertight and rodent- proof. Floors, walls, ceilings and roofs shall be capable of affording adequate shelter and privacy and shall be kept in good repair. Windows and exterior doors shall be reasonably weathertight, watertight and rodentproof, and shall be maintained in good working condition. All parts of the structure that show evidence of rot or other deterioration shall be repaired or replaced. (c) Every inside and outside stairway and porch, and every appurtenance thereto, shall be maintained in a safe condition and be capable of supporting loads which normal use may impose. (d) Every chimney and smoke pipe, and all flue and vent attach- ments thereto, shall be maintained in such condition that there will be no leakage or backing up of smoke and noxious gases into the dwelling. -25- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE -°`MIAMI BEACH, FLORIDA 33139 (e) All exterior surfaces subject to deterioration shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. (f) Every plumbing fixture, water pipe, waste pipe and drain shall be maintained in good sanitary working condition, free from defects , leaks and obstructions. (g) The floor surface of every water closet compartment, bathroom and shower room shall be maintained so as to be reasonably imper- vious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. (h) Every supplied facility, piece of equipment or utility required in this chapter shall be maintained in a safe and satis- factory working condition. No owner or occupant shall cause any service, facility, equipment or utility required in this chapter to be removed from or discontinued for any occupied building, except for such temporary interruption as may be necessary while actual repairs, replacements, or alterations are in process. This section includes every refrigerator, stove or air conditioner paid for, furnished or provided by, or under the control of the owner or operator during the period of a rental agreement. (Ord. No. 1582 , 2. 03 ; Ord. No. 74. 1996. ) Sec. 17B-28. Living space size, use and location requirements . No person shall occupy, or let to another for occupancy, any dwelling for the purpose of living therein, which does not comply with the following requirements : (a) Every dwelling excluding hotels, motels and sleeping and rooming units shall contain a minimum net floor area of at least four hundred square feet. (b) In every dwelling of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least seventy square feet of floor space, and;every room occupied for sleeping purposes by more than one occupant shall contain at least fifty square feet of floor space for each occupant thereof. (c) At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet. -26- f OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 (d) No dwelling containing two or more sleeping rooms shall be so arranged that access to a bathroom, shower room or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room or out- side the structure, nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleep- ing room, bathroom, shower room or water closet compartment. (3) No cellar or basement space shall be used as a habitable room. (Ord. No. 1582 , 2. 04 ; Ord. No. 1652-1, 11 ; Ord. No. 74. 1996. ) Sec. 17B-29 . Hotels and rooming houses. No person shall operate a hotel or rooming house, or shall occupy or let to another for occupancy any hotel unit or rooming unit, which does not meet with all of the other standards of this chapter, except as provided by the following requirements : (a) No person shall operate a hotel or rooming house unless he has complied with all of the licensing and permit requirements of the city. (b) Every room used for sleeping purposes which is constructed after the effective date of this ordinance shall contain at least one hundred square feet of floor area and every such room occupied for sleeping purposes by more than one person shall contain an additional one hundred square feet of floor space. Every room used for sleeping purposes which is constructed prior to the effective date of this ordinance shall contain at least seventy square feet of floor area exclusive of closets and toilets and every such room occupied for sleeping purposes by more than one person shall contain an additional ninety square feet of floor space. In every room occupied for sleeping purposes, the shortest dimension of any wall shall be not less than eight feet and an average floor to ceiling height of eight feet. (c) At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the county health office and in good working condition, shall be supplied for each eight persons or fraction thereof residing within a hotel, motel or rooming house, including members of the - 27 - • a� OFFICE OF THE CITY ATTORNEY — 1130 WASHINGTON AVENUE — MIAMI BEACH, FLORIDA 33139 operator' s family whenever they share the use of such facilities; provided, however, that in a rooming house where rooms are let only to males , flush urinals may be substituted for no more than one-half the required number of water closets . All such facilities shall be so located within the dwelling as to be reasonably ac- cessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. No such facilities shall be located in a basement, except by written approval of the county health officer. (d) No cellar or basement space shall be used as a habitable room or as a hotel unit or rooming unit. (e) The operator of every hotel ,hotel unit or rooming house shall change supplied bed linen and towels at least once each week and prior to the letting of any room to any occupant. The operator shall be responsible for maintaining all supplied bedding in a clean and sanitary manner. (f) The operator of every hotel, hotel unit or rooming house shall be responsible for the sanitary maintenance of all walls, floors , ceilings and other parts, and he shall be further respon- sible for the sanitary maintenance of the entire premises where all of the building is under the control of such operator. (g) Every window of every hotel unit or rooming unit shall be supplied with shades, draw drapes or other devices or materials which, when properly used, will afford privacy to the occupant of the hotel unit or rooming unit. (h) If one or more persons occupy one or more hotel units or rooming units located on any floor above the ground floor of any hotel, hotel unit or rooming house, there shall be at least two safe and unobstructed exits from such floor leading to a safe open space at ground level. Each exit shall be easily accessible from every hotel unit or rooming unit on the specified floor without passing through any other hotel unit, rooming unit or any other building. All exit stairways shall have at least one griprail not -28- s� f OFFICE OF THE CITY ATTORNEY — 1130 WASHINGTON AVENUE — MIAMI BEACH, FLORIDA 33139 less than forty-two inches above the stairway treads. Stairways open on both sides shall have such a griprail on each side. (i) The operator of every hotel or rooming house shall be responsible for keeping the premises free from the accumulation of rubbish at all times. (j) The operator of every hotel, hotel unit or rooming house shall be responsible for the prompt and sanitary disposal of all garbage. (k) The operator of every hotel, hotel unit or rooming house shall be responsible for providing and hanging all window and door screens; this shall not apply if air conditioning is provided. (1) The operator of every hotel,hotel unit or rooming house shall be responsible for the extermination of any insects , rodents , vermin or other pests therein and shall be further responsible for such extermination on the entire premises where all of the building within which the hotel or rooming house is contained is leased or rented by the operator. Whenever infestation is caused by failure of the owner to maintain the building in a reasonably insectproof or ratproof condition, extermination shall be the responsibility of the owner. (m) It shall be the duty of the operator of every hotel, hotel unit or rooming house to report to the county health department, within twenty-four hours, the name of any person living in the • hotel or rooming house who is believed to be afflicted with any communicable disease. (Ord. No. 1582, 2. 07; Ord. No. 1652-1, 12 ; Ord. No. 74. 1996. ) Sec. 17B-30. Nondwelling structures and fences. Every accessory structure used for nondwelling purposes such as a garage, car port, cabana, storage building, etc. , and every fence, shall comply with the following requirements : (a) Every foundation, exterior and interior wall, roof, floor, ceiling, window and exterior door shall be structurally sound and maintained in good repair. (b) Every accessory structure shall be kept in a reasonably clean and sanitary condition free from rodents, insects and vermin. -29- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 (c) The roof of every accessory structure shall be well drained of rain water. (d) All exterior surfaces subject to deterioration shall be properly maintained and protected from the elements by paint or other approved protective coating, applied in a workmanlike fashion. (e) Every plumbing fixture, water pipe, waste pipe and drain shall be maintained in good sanitary working condition, free from defects , leaks and obstructions. (Ord. No. 1582, 2. 06. ) Sec. 17B-31. Responsibilities of owners and occupants. No person shall occupy, or let to another for occupancy, any building which does not comply with the following requirements : (a) Every building shal,1 be clean, sanitary and fit for occupancy. (b) Every occupant of a building shall keep in a clean and sanitary condition that part of the building and premises thereof which he occupies and controls , including yards, lawns, courts and drive- ways . (c) Every owner of a building containing three of more units shall be responsible for maintaining in a clean and sanitary condi- tion the shared or public areas of the building and premises thereof. (d) Exterior premises shall be kept free from the excessive growth of weeds, grass and other flora. The term "excessive" shall be interpreted as detrimental to the health, safety or welfare of the occupants or the public. • (e) Every occupant of a building shall keep all plumbing fixtures, sanitary facilities, appliances and equipment therein in a clean and sanitary condition and shall exercise reasonable care in the proper use and operation thereof. (f) Every occupant of a building shall dispose of rubbish, garbage and other waste materials in an approved . sanitary manner. Garbage shall be placed in the garbage disposal facilities or storage containers required in subsection (g) of section 17B-25. (g) Every occupant of a building containing a single dwelling on any premises , shall be responsible for the extermination of any -30- f OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 insects , rodents , vermin or other pests therein, or on the premises; however, the extermination of termites, and other insects which destroy the structure of the building, shall be the sole responsi- bility of the owner. In the event there is more than one unit in a building, whether owned by individual or multiple owners, includ- ing condominiums , co-operatives , townhouses, duplexes, etc. , the owner or owners shall be responsible for the extermination of all insects , termites and other insects which destroy the structure of the building, rodents or other pests therein, or on the premises including public spaces of the building and outside premises. The exterminator shall be permitted reasonable access to any building during daylight hours; except for fumigation and like work for ex- termination of structural infestation, in which case access for a reasonable amount of time necessary for such work shall be permitted by the occupant and owner or owners. The owner or owners shall be responsible for adequate substitute sleeping facilities of all occupants during the period of extermination for termites or structural infestation. (h) Every owner of a building shall, before renting or subletting to another occupant, provide approved door and window screens when- ever such screens are required under the provisions of this chapter, and shall repair or replace them when necessary. (i) Every owner of a building shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon. (j ) Animals and pets shall not be kept in any dwelling or on any premises in such manner as to create unsanitary conditions or constitute a nuisance. (k) Where a refrigerator, stove or air conditioner, whether individual units or central air conditioning, are supplied by the owner, it shall be the duty and responsibility of such owner to maintain them in good and proper working order. Where central air conditioning is provided, and not individually controlled by theromostat, it shall be the duty and responsibility of such owner -31- • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE- MIAMI BEACH, FLORIDA 33139 to operate the same continuously, maintaining a continual tem- perature range between seventy degrees (70° ) and seventy-six degrees (76° ) based on normal outside temperature and humidity factors, on a twenty-four hour basis, except for minimal shutdown periods required for reasonable maintenance and repair. The owner or operator of a commercial building shall be required to operate central air conditioning only during normal business hours . (1) Every owner, or his agent, of a building which has rental units, shall post a sign in a conspicious 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 . (m) Every tenant shall provide reasonable access to repairmen or other services required to rectify violations; provided, that the landlord' s representative or the tenant is on the premises. (Ord. No. 1582, 2. 05; Ord. No. 1832, 6 to 8; Ord. No. 74. 1996. ) SECTION 2 . All Ordinances or parts of Ordinances in conflict here- with be and the same are hereby repealed. SECTION 3 . This Ordinance shall go into effect immediately upon passage and posting as required by law. PASSED and ADOPTED this 1st of May , 1974. Ate._' Mayor Attest : City Clerk 1st reading - April 3, 1974 2nd and final reading - May 1, 1974 POSTED - May 1 , 1974 -32- OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE -- MIAMI BEACH, 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. 74-1996 entitled: AN ORDINANCE AMENDING CHAPTER 17B OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, TO BE KNOWN AS THE MINIMUM HOUSING AND COMMERCIAL PROPERTY STANDARDS; PROVIDING RECITATIONS OF LEGISLATIVE AUTHORITY; PROVIDING SHORT TITLE; MAKING LEGISLATIVE FINDINGS AND DECLARING LEGISLATIVE INTENT; PROVIDING FOR CONSTRUCTION AND APPLI- CABILITY OF CHAPTER; PRESERVING EXISTING REMEDIES ; PROVIDING DEFINITIONS ; ESTAB- LISHING CODE ENFORCEMENT OFFICER AND PRESCRIBING HIS DUTIES; PROVIDING FOR IDEN- TIFICATION OF HOUSING OFFICIALS ; PRESCRIBING PROCEDURES FOR INSPECTIONS, NOTICE OF VIOLATIONS AND FINAL ORDERS; PROVIDING FOR RECORDATION OF FINAL ORDERS; PRO- VIDING FOR OBTAINING COPIES OF RECORDS; PROVIDING REMEDIES FOR ENFORCEMENT; GRANTING POWER TO ACT IN EMERGENCIES; PROVIDING FOR ADMINISTRATIVE APPEALS; ESTAB- LISHING MINIMUM HOUSING AND COMMERCIAL PROPERTY APPEALS BOARD AND PRESCRIBING ITS DUTIES; PRESCRIBING MINIMUM HOUSING AND COMMERCIAL PROPERTY STANDARDS AS TO BASIC EQUIPMENT, FACILITIES, LIGHT AND VENTILATION, SAFETY AND SANITARY MEASURES, SPACE, USE AND LOCATION REQUIREMENTS , AND RESPONSIBILITIES OF OWNERS AND OCCUPANTS; PRE- SCRIBING MINIMUM STANDARDS FOR HOTELS, HOTEL UNITS AND ROOMING HOUSES; PRESCRIBING FOR DESIGNATION OF UNFIT BUILDINGS ; PROVIDING FOR JUDICIAL REVIEW; PROVIDING SEVERABILITY CLAUSE, REPEAL CLAUSE, INCLUSION IN CODE, AN) EFFECTIVE DATE. 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 1st day of May , 1974, 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 5th day of June , 1974. City Clerk a) -o0 U '.O (Q — G1 O a) O1 U U L IJ —1 E E •— O O -o • U L co O O I -O r— C (n W (..) L L CD1 (U N CC •C +- C (U N R 4-+ t O (nc.i O = T Cr) E c • L •— E N -o C C O EcLd $1