Ordinance 92-2805ORDINANCE NO.
92-2805
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 8, ENTITLED ',BUILDING REGULATIONS', BY
PROVIDING THAT HEARINGS REGARDING CERTIFICATE
OF USE DENIALS, SUSPENSIONS AND REVOCATIONS
SHALL BE DECIDED BY A SPECIAL MASTER APPOINTED
BY THE CITY COMMISSION, UPON RECOMMENDATION BY
THE CITY MANAGER; REVISING REGULATIONS
PERTAINING TO SAID HEARINGS; REVISING GROUNDS
FOR SUSPENSION/REVOCATION; PROVIDING FOR
APPEALS FROM THE DECISIONS OF THE SPECIAL
MASTER; PROVIDING FOR REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, Section 8-5 of Miami Beach City Code Chapter 8,
entitled "Building Regulations" provides for administrative
hearings before the City Manager or his designee regarding denials,
suspensions and revocations of certificates of use; and
WHEREAS, the City Manager has recommended that said hearings
be held by Special Masters appointed by the City Commission; and
WHEREAS, the City Commission believes that the use of Special
Masters to hold such hearings will be a just and expeditious method
of adjudicating such matters; and
WHEREAS, the revisions contained herein are necessary to the
welfare of the citizens of the City of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 8-5.
That Section 8-5 of Miami Beach City Code Chapter 8, entitled
"Building Regulations" is hereby amended to read as follows:
Sec. 8-5. Violations and penalties.
(c) The City Manager A Special Master, appointed by the City
Commission upon recommendation of the City Manager, may either
revoke or temporarily suspend the business license of any person in
accordance with the procedures set forth in Chapter 20, of this
code when it is determined by the City Manager that the licensee is
conducting business from premises which do not possess a valid and
current certificate of occupancy and/or certificate of use as may
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be required by city or county laws.
SECTION 2. AMENDMENT OF SECTION 8-6.
That Section 8-6 of Miami Beach City Code Chapter 8, entitled
"Building Regulations" is hereby amended to read as follows:
Sec. 8-6 Grounds for suspension or revocation.
The City Manager or his designee Special Master shall either revoke
or temporarily suspend the certificate of use of any
owner/applicant where it is determined by the City Manager or his
designee Special Master that:
(a) The owner/applicant has misrepresented or failed to disclose
material information required by this chapter to be included in the
certificate of use application form.
(b) The owner/applicant, as part of the owner/applicant's business
activity within the City of Miami Beach, is engaged in conduct
which is an actual threat to the public health, welfare or safety.
(c) The owner/applicant is conducting business from premises which
do not possess a valid and current certificate of occupancy as may
be required by city or county laws.
(d) Habitual conduct has occurred at the owner/applicant's
premises which violates city, county or state law.
(e) The certificate of use issued by the city depended upon the
owner/applicant's compliance with specific provisions of federal,
state, city or Dade County law and the owner/applicant has violated
such specific provisions of law.
(f)
The owner/applicant has violated any provision of this chapter
and has failed or refused to cease or correct the violation after
notification thereof.
(g) The owner/applicant, as part of the owner/applicant's business
activity within the City of Miami Beach, knowingly lets, leases, or
gives space for unlawful gambling purposes at the owner/applicant's
premises.
(h) The owner/applicant within the preceding 5 years in this
state, any other state, or the United States, has been adjudicated
guilty of or forfeited a bond when charged with soliciting for
prostitution, pandering, letting premises for prostitution, keeping
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a disorderly place, illegally dealing in narcotics. or any other
crime reflecting on professional character.
(i) The premises have been condemned by the local health authority
for failure to meet sanitation standards or the premises have been
condemned by the local authority because the premises are unsafe or
unfit for human habitation.
(j) The owner/applicant's premises have been found to constitute
a public nuisance by the Nuisance Abatement Board.
The suspension or revocation shall be of the certificate of use in
effect at the date of such suspension or revocation, even though it
may have been issued to an owner/applicant other than the person
who held the certificate of use at the time the cause for such
suspension or revocation arose.
No certificate of use shall be suspended or revoked under this
section for a period of more than 12 months. No new certificate of
use shall be issued to the owner/applicant, or to any other firm in
which the owner/applicant or any of its 3tockholdcro general
partners, limited partners or shareholders owning twenty percent
(20%) or more of its shares, or its agents or employees when such
persons are actively involved in the business under
revocation/suspension and had knowledge of the violations which
caused the suspension/requlation is interested, for any premise
during the term of such suspension or revocation. At the end of
such period of suspension or revocation the owner/applicant may
apply for a new certificate of use.
SECTION 3. AMENDMENT OF SECTION 8-9.
That Section 8-9 of Miami Beach City Code Chapter 8, entitled
"Building Regulations" is hereby amended to read as follows:
Sec. 8-9. Hearing when owner/applicant or permittee fails to comply
with notice -or when requested by aggrieved owner/applicant.
If an owner/applicant or permittee fails to comply with any notice
issued as provided above, the City Manager or his designee may
issue an order in writing to the owner/applicant, by certified
mail, or hand delivery notifying him to appear at an administrative
hearing before
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a Special Master to
be held at a time to be fixed in such order, which date shall be
not less than five days after service thereof. In thc event an
action of Miami Beach Police Department, contracted 3crviccs or
other city forces. The coat of thc enforcement action shall be
property. Except as provided in paragraph (b) of Section 8-10
herein, an administrative hearing may also be requested by an
owner/applicant aggrieved by a decision regarding denial of a
certificate of use, determination of fees/penalties due and/or
warning of potential suspension/revocation. The request must be in
writing and filed in the City Manager's Office within 10 days of
receipt of the decision complained of. The request must specify
the decision and the owner/applicant's grievance and must be
accompanied by a fee of $75.00 to defray expenses of the hearing.
The fee will be refunded if the owner/applicant prevails in the
appeal.
SECTION 4. AMENDMENT OF SECTION 8-10.
That Section 8-10 of Miami Beach City Code Chapter 8, entitled
"Building Regulations" is hereby amended to read as follows:
Sec. 8-10. Hearing procedures; enforcement of orders.
Upon order of thc City Manager or upon thc request of a person
been threatened with denial, revocation or suspension by thc City
Manager or his designee, or upon thc request of any other
owner/applicant affected by action of the city, a hearing shall be
(a) City Manager Review by Special Master
(1) Other than as set forth in (b) hereinbelow, the City
Manager or his designee Special Master shall give written
notice of the time and place of the hearing to the
owner/applicant by certified mail or hand delivery and to the
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City Attorney's Office.
(2) the proceedings shall be informal but shall afford the
owner/applicant the right to testify in his own defense,
present witnesses, have be represented by legal counsel
present submit relevant evidence and cross-examine witnesses,
and object to evidence. The proceedings shall be recorded and
minutes kept by the City. Any owner/applicant requiring
verbatim minutes for judicial review may arrange for the
services of
(3) Within
Manager or
a court reporter at his/her/its own expense.
ten days of the close of the hearing the City
his designee Special Master shall render his
decision in writing determining whether or not the
owner/applicant's certificate of use shall be revoked or
suspended or denied, or other action taken or continued, as
the case may be and stating his reasons and findings of fact.
(4) The
Special Master shall
file his findings with the city clerk and shall send a true
and correct copy of his order by certified registered mail,
return receipt requested, or by hand delivery to the business
address listed on the certificate of use or to any such other
address as the owner/applicant shall designate in writing.
(b) Board of Adjustment Review.
Denial of a certificate of use for lack of proper zoning shall
be appealable to the Board of Adjustment pursuant to Section
16-7.1. of the City of Miami Beach Zoning Ordinance 89-2665.
All appeals must be submitted to the Board within 15 days of
the date of the denial.
(c) Administrative Rulings as Final.
The Special Master City Manager's/Board of Adjustment's
findings shall constitute the final administrative action of
the City of Miami Beach for purposes of judicial review under
Florida law. The Standard of review shall be whether the City
Manager/Board of Adjustment's action or decision is supported
by substantial competent evidence and whether the
administrative hearing departed from the essential
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rcquircmcnt3 of law.
(d) Enforcement.
In the event that an owner/applicant fails to seek timely
appellate review of an order of the Special Master/Board of
Adjustment, or to comply timely with such order, the City
Manager's Designee may pursue enforcement procedures as set
forth in Section 8-5 herein. Business closings required by
suspension/revocation orders may be enforced by the City's
Police Department and the costs for the enforcement action
shall be placed as a lien against the owner/applicant's real
and personal property.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 6. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 7. EFFECTIVE DATE.
This ordinance shall take effect ten (10) days after its adoption,
on October 18 , 1992.
PASSED and ADOPTED this
ATTEST:
CITY CLERK idrs/gi
1st reading 9/16/92
2nd reading 10/8/92
SUS:scf:\disk2\bldgreg.ord
8th day of
FORM APPROVED
LEGAL DEPT.
By. ,--1
Date sem. 41 11 -12 -
October i , 1992.
MAYOR
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