Ordinance 83-2392 ORDINANCE NO. R1_2192,__
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER
17B OF THE MIAMI BEACH CITY CODE, ESTABLISHING
THE HOUSING AND COMMERCIAL PROPERTY STANDARDS
BY PROVIDING THAT ALL REFERENCES TO "CITY
COUNCIL" SHALL HEREAFTER READ "CITY
COMMISSION" ; ALL REFERENCES TO "THE PLANNING
AND ZONING DEPARTMENT" SHALL HEREINAFTER READ
"THE CODE ENFORCEMENT DEPARTMENT, " AND ALL
REFERENCES TO THE "DIRECTOR OF PLANNING AND
ZONING DEPARTMENT" SHALL HEREINAFTER READ THE
"DIRECTOR OF CODE ENFORCEMENT" ; ALL REFERENCES
TO THE CITY OF MIAMI BEACH MINIMUM HOUSING AND
COMMERCIAL PROPERTY STANDARDS" SHALL
HEREINAFTER READ THE "PROPERTY MAINTENANCE
STANDARDS" AND ALL REFERENCES TO THE "MINIMUM
HOUSING AND COMMERCIAL PROPERTY APPEALS BOARD"
SHALL HEREINAFTER READ THE "PROPERTY
MAINTENANCE STANDARDS APPEALS BOARD" ;
PROVIDING FOR CLARIFICATION OF THE DEFINITIONS
OF THE PROPERTY STANDARDS MAINTENANCE
ORDINANCE; PROVIDING FOR SERVICE OF NOTICE IN
EMERGENCY CASES; DELETING THE MINIMUM NET
FLOOR AREA OF 400 SQUARE FEET FOR DWELLINGS;
PROVIDING THAT COMMERCIAL STRUCTURES SHALL
COMPLY WITH THIS CHAPTER; PROVIDING THAT LOTS
AND PREMISES MUST COMPLY WITH THE STANDARD
REQUIREMENTS OF THIS CHAPTER; PROVIDING FOR
SEVERABILITY; REPEALING ORDINANCES IN
CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1.
That all references in Chapter 17B of the Miami Beach City Code to
the "City Council" shall be amended to read "City Commission. "
SECTION 2 .
That all references in Chapter 17B of the Miami Beach City Code to
the "Planning and Zoning Department" shall be amended to read the
"Code Enforcement Department, " and all references to the "Director
of Planning and Zoning Department" shall be amended to read the
"Director of Code Enforcement.
SECTION 3 .
That all references in Chapter 17B of the Miami Beach City Code to
the City of Miami Beach' s Minimum Housing and Commercial Property
Standards" shall be amended to read "Property Maintenance
Standards, " and all references to the City of Miami Beach ' s
"Minimum Housing and Commercial Appeals Board" shall be amended to
read the "Property Maintenance Standards Appeals Board . "
SECTION 4 .
That Section 17B-6 of the Code of the City of Miami Beach is
amended to read as follows:
Section 17B-6 . Definitions .
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
In construing the provisions of this Chapter , where the
context will permit and no definition is provided herein, the
definitions provided 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 the
section:
Accessory building . A detached subordinate
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 building or use.
Apartment. ene en mete teems eeeap}ed as a heme et
nesldenee fat an lndlN,ldual; €amlly et heaseheld-
the exlstenee e€ #.itehen sink aeeemmedatlens and
eeek}ng €aelllt}es and hathteem tae}lltles wlthln
shall be st}€€}elent to elasel€y st}eh as an
apartment- See Dwelling Apartment .
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 apartments 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 shall include commercial
buildings, single family dwellings, two-family
dwellings and multiple family dwellings .
Commercial buildings. All stores, offices,
garages, restaurants, theaters, clinics, 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 or business to or
for the public.
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 Ill; 718 , Florida
Statutes.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
Cooperative apartment building or Co-op. Defined
by chapter Ill; 719 , Florida Statutes .
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 or eating ,
unless otherwise indicated herein.
Dwelling 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.
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
shall exclude condominiums and cooperatives .
Dwelling, single-family. A building designed for
or occupied exclusively by one family. This term
is to be understood to include private homes,
condominiums, cooperatives and bungalows and all
other buildings of similar use.
Dwelling, two-family. A detached building,
divided horizontally 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 City Plann.i ng and Beslsg
Department or Division designated by the City
Manager .
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 -{set}- AetsaI eeerip4ed afea; net
lseludlsg elesets; halls; paatf es; stefage afeas
Of th}ekiess of walls.- The area measured from the
exterior faces of the exterior walls of the living
unit, and half the thickness of the interior
partition wall or walls between living units.
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, excluding bathrooms,
shower rooms, watercloset compartments , laundries,
pantries, foyers, connecting corridors, closets and
storage spaces.
Head of enforcement agency. The director of the
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
City Planning and Zoning Department.- or Division
designated by the City Manager .
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 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.- only.
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 only 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,
commercial 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 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 others, 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 that this
term shall 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.
Persons. Individuals, children, firms,
associations, joint ventures, partnerships ,
estates, trusts, business trusts, syndicates,
fiduciaries, corporations and all other groups or
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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 multiple-family
dwelling, single-family dwelling, two-family
dwelling , condominium and cooperative.
Room. Any compartment, in any building, but not
including bathrooms, halls, closets, pantries,
storage or equipment spaces .
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.
Rubbish. All combustible and non-combustible 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 any utility
system in a permanent manner .
Whenever the words, "apartment hotel, " "commercial
building, " "condominium, " "cooperative apartment
building, " "dwelling, " "dwelling unit, " "hotel, "
"hotel unit, " "premises, " "rooming house, " and
"rooming unit" are used in this chapter , they shall
be construed as though they were followed by the
words "or any part thereof . " (Ord. No. 1582, §
1.06; Ord. No. 1652-1, §§1-4; Ord. No. 73-1949 ,
§§4-7 ; Ord. No. 73-1953, §1; Ord. 74-1996 , §1)
SECTION 5 .
That Section 17B-14 of the Code of the City of Miami Beach,
Florida, is amended to read as follows:
Section 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 for
immediate danger to the health, safety or welfare
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
of the occupants or the public, such officer shall,
after giving notice of the violation within a
period of 48 hours after such finding by eet€ €led
mall such service as provided for in Section 17B-
13 , 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 inoperative equipment or facilities, including,
but not limited to, the following: individual air-
conditioning units or central air-conditioning,
toilets, sinks , roof leakage (temporary repair) ,
broken windows , stoves, refrigerators, flooding and
broken pipes. Notwithstanding any other provision
of this chapter , such emergency order shall be
effective immediately or as otherwise provided.
Section 6 .
That Section 17B-28 of the Code of the City of Miami Beach,
Florida is amended to read as follows:
Section 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:
-fa} Every dwelllsg; exeluding he€els; metels; and
sleeplsg and reem.ing sslts; shall ee c€al c a 114131mum
net €leer area of at least 498 square feet-
(a) -f h} In every dwelling of two or more rooms,
every room occupied for sleeping purposes by one
occupant, shall contain at least seventy square
feet 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 .
(b) {e} At least one-half of the floor area of
every habitable room shall have a ceiling height of
at least seven feet.
(c) -fel} 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 outside the
structure, nor shall room arrangements be such that
access to a sleeping room can be had only by going
through another sleeping room, bathroom, shower
room, or water closet compartment.
(d) {e} No cellar or basement space shall be used
as a habitable room.
Section 7 .
That Section 17B-30 of the Code of the City of Miami Beach,
Florida, is amended to read as follows:
Section 17B-30 . Non-dwelling structures and
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
fences .
Every accessory structure and commercial structure
used for non-dwelling purposes, such as a garage ,
carport, 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.
(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 .
Section 8 .
That those portions of Section 17B-31, as set forth below, are
amended to read as follows:
Section 17B-31. Responsibilities of owners and
occupants.
No persons shall occupy or let to another for
occupancy, any lot, premises, or building which
does not comply with the following requirements :
(i) Every owner ef a btt4Ie4mg shall grade and
maintain the exterior premises so as to prevent the
accumulation of stagnant water thereon.
SECTION 9 . SEVERABILITY.
If any Section, sub-section, sentence, clause, phrase or other
portion of this ordinance is, for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed as separate, distinct, and independent
provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
SECTION 10 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
SECTION 11. EFFECTIVE DATE.
This ordinance shall take effect ten (10) days after adoption in
accordance with law on November 26, 1983
PASSED and ADOPTED this 16th day of November, 1983.
MAYOR
ATTEST:
ji(7,(_„ :0)7/(0.-a,d(tvud
CITY CLERK
(REQUESTED BY COMMISSIONER BRUCE SINGER)
First reading October 19, 1983
Second reading, as amended November 16, 1983.
JK/jhd
1213E
FORM rd)PROVED
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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