Ordinance 84-2400 ORDINANCE NO. 84-2400
AN ORDINANCE OF THE CITY OF MIAMI BEACH
AMENDING SECTIONS 17B-13 , 17B-15, 17B-17 ,
AND 17B-21 AND REPEALING SECTIONS 17B-18 ,
17B-19 AND 17B-20 OF THE CODE OF THE CITY OF
MIAMI BEACH DESIGNATING HOUSING STANDARDS;
PROVIDING FOR MEMBERS OF THE PROPERTY MAIN-
TENANCE APPEALS BOARD; PROVIDING FOR DUTIES
OF THE BOARD; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1:
That Section 17B-13 is hereby amended to read as follows:
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 code
enforcement 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 viola-
tion and upon the facilities or premises involved, if a copy is
served personally or served by certified mail or if, after dili-
gent search and inquiry the person or persons responsible for the
violation cannot be found or served by personal service or certi-
fied mail, a copy of the notice is posted in a conspicuous place
on the facilities or premises involved. As an additional or sup-
plementary method of service, service of a Notice of Violation may
be had upon an owner by serving any person who has been designated
by such owner to collect rents with respect to the subject prop-
erty. The fact that any tenant has paid rent in any preceding
•
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
month to such person, and that such tenant has failed to receive
any written notice or protest from the owner with respect to said
payment within ten (10) days of the date such payment was made,
shall be deemed prima facie evidence that such person has been
designated by the owner to collect rents with respect to such
premises. Such designation shall be presumed to continue until
such time as the owner or the person designated shall in writing
notify the tenant otherwise. The Notice of Violation shall
specify that the violation must be corrected or a building permit
for the work required to correct the violation must be obtained
from the city code enforcement department and the planning and
Bening department within the time specified in the notice, and
that final compliance must conform to the requirements of the
South Florida Building Code, the city Zoning Ordinance, and any
other applicable ordinances of the city. Such notice may contain
an outline of the remedial action which, if taken, will constitute
compliance with the requirements of this chapter. Such notice
shall inform the person or persons to whom it is directed of the
right to apply to the Property Maintenance Standards Appeals board
for a hearing and review ef the matters speeified in the netiee
variance or an appeal of the administrative decision in accordance
with 17B-15 of this chapter. 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 Code Enforcement
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
corrections of such notice of violation has commenced, to the
director of the Code Enforcement Department, or notice that they
are exercising their right of appeal to the Property Maintenance
Standards appeals board.
If the violations have not been corrected within the time
specified in the notice, and no appeal of an administrative
decision or application for variance has been taken tfem the
-2-
0
/64_-.0L,' 41-4/f
41//F
OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
net ee e€ y4elat4ee; and a€tef date eeti.ee g yen to the submitted
by the property owner , the code enforcement officer is hereby
empowered and directed to record a copy of all notices of viola-
tion in the public records of the county, and to seek compliance.
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. A certificate of compliance shall
be executed by the Code Enforcement Officer upon request of the
legal or beneficial owner of the premises when the violations have
been corrected, as determined by the Code Enforcement Officer , and
the costs of recording the original notice of violation shall have
been paid. In the event the Code Enforcement Officer shall refuse
to execute a certificate of compliance when requested because he
has determined that the violations have not been corrected, such
determination may be appealed to the Property Maintenance
Standards Appeals Board in the same manner as provided for appeal
of an original order.
SECTION 2:
That Section 17B-15 is hereby amended to read as follows:
Sec. 17B-15 - Same - Appeals from actions or decisions.
Any person aggrieved by any action or decision of the code
enforcement officer may appeal to the Property Maintenance Stan-
dards Appeals Board by filing with the 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 and the reasons or grounds for
the appeal. The only appeal that shall be considered are those
appeals that allege that there is error in any order , requirement,
-3-
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
decision, or determination made by an administrative official in
the enforcement of this Ordinance. No requests for extension of
time will be permitted. 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 decision 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 accordance with the applicable court rules.
SECTION 3 :
That Section 17B-17 is hereby amended to read as follows:
Sec. 17B-17. M4n4mum heis4ng and eemmeie+a] prepetty appeals
Property maintenance Standards appeals board -
Created; composition.
The property maintenance standards appeals board is hereby created
and established. The board shall consist of seven memhens
appe4nted by the e y eetane}17 the members of the Board of
Adjustment
SECTION 4 :
That Sections 17B-18 , 19 , 20 are hereby repealed.
-4-
OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
SECTION 5 :
That Section 17B-21 is hereby amended to read as follows:
Sec. 17B-21. Same - Powers and duties generally.
The property maintenance standards 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 , except that no appeals for extensions of time for
compliance shall be heard.
b- The beard shall have the pewer: and atrtherity to hear and
pass open all appliea€leas €ef exterisien e€ time €er: eemplianee
with the previsions ef this ehapter and ne€lees issued by the eerie
ea€ereement a€€ieer:- Appliea€leas €er extertsief of time €er:
eemgliarree shall be eerrsider:eek and determined en- the basis ef the
p blie interest and welfare and net merely en eeenemie benefit to
the applieaft- Applieatierts shall be granted enly when it is
established that the requested extension ef time €er: eempliar3ee
will net be detrimental to the eeetrpaats er to the peblie health;
safety and wel€ar:e-
eb. The board shall have the power and authority to hear and
pass upon applications for variances or waivers of the provisions
of this chapter. 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
-5-
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
not be detrimental to the occupants or to the public health,
safety and welfare.
dc. 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 chapter 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
published at least ten days prior to the hearing and until such
rules and regulations have been approved by the city eettne l
commission. When approved by the city eewtte4l commission, such
rules and regulations shall have the force and effect of law.
ed. To make continuing studies and periodic reports and
recommendations for the improvement of minimum standards for the
city and to work in cooperation with all federal, state and local
agencies interested in property maintenance 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 information by experts in the
field of housing and slum clearance and to visit and study housing
programs conducted in other metropolitan areas.
SECTION 6. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
-6-
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
SECTION 7 . If any section, part of section, paragraph, clause,
phrase, or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
SECTION 8 . Effective Date.
This Ordinance shall take effect 10 days after its adoption, on
January 28th ' 1984 .
PASSED AND ADOPTED this 1Rth day of January _' 1984 .
1
MAYOR
ATTEST:
>2(�LGsi,G y
CITY CLERK
1st Reading - December 21, 1983
2nd Reading - January 18 , 1984
MLB: kt
1204D
LEGAL DEPT.
4
By v t•
Date a `a. -✓--""
—7—
•
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
•
•
4-a
0 b,
O I
CD - o O O .D-1• b, s~
ct, L(1 N 4J rb rd
NH b-1 I 0 Q, •rI •rl
1 I O) 111
d' CA •H N a 0 •H O
co N H H H U) 0 $•1 J 4--1
rI fd R, 0
0
rd 1d
•rl Cd •- R, s~
j M rd r0 rci •.
z 1 dl 4--1 RS 4 rC� •r1
H H O4J 0
C7 v N S~ I Cn 4-1 ,S) rd 0
H Z r-1 rd W >1 0 O -1
a N •P t:71 rn • I
0 HA U) H H •rI U) H
U • cd 0 ••
0 I pa 00 0 .I as•I-I 4,
NH O E •r1 0
O H I 4-4 rd 4-1
0 W E O •H cd
C1) rb N (4-1 ZS 0 X) Ili
—I 0 S 1 0 U) rd
rd •H O 0 �1 0
• u) 0 •4-1 4 1 rd •H 0 J
•rl �i rd 4-) 'J •rl
N 0 0 b, 0 0 4-)
s~ r I H U b, +- rd U) 0
O 1 4-) H •rl C" 0
E 0 0 U) rb H
FC N 0 0 •H rd 0 0 4-4
—1 Cl) .4W) rd > E 1'•-1 44 0