Loading...
Resolution 2023-32475RESOLUTION NO: 2023-32475 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ENDORSING AND RECOGNIZING THE CITY ATTORNEY'S OFFICE AND THE CITY ADMINISTRATION'S PROACTIVE EFFORTS TO SEEK. INJUNCTIONS IN STATE COURT TO ENFORCE THE CITY'S QUALITY -OF -LIFE ORDINANCES, INCLUDING ITS SHORT-TERM RENTAL AND NOISE REGULATIONS, AND PROTECT RESIDENTS FROM REPEAT OFFENDERS WHO CREATE NUISANCES. WHEREAS, the Mayor and City Commission of the City of Miami Beach ("the City") enact legislation to protect the peace, tranquility, and quality of life of our City's residents and visitors; and WHEREAS, this legislation includes regulation in our City Code of many quality - of -life issues, including, but not limited to, regulation of unreasonable noise and short- term rentals in residential neighborhoods; and WHEREAS, the City's Code Compliance Department and Police Department work diligently to enforce our quality -of -life ordinances, and most individuals and businesses bring themselves into compliance with our laws upon notification from the Code Compliance -Department and Police Department that they are in violation of the ordinances; and WHEREAS, Florida law limits the amounts for fines that the City may impose upon individuals and businesses for violation of our City Code; and . WHEREAS, a small subset of individuals and businesses refuse to bring themselves into compliance with City laws, preferring to pay the limited fines allowed under Florida law as a cost of doing business (or even simply refuse to pay fines after they are imposed by the City and the City's duly appointed Special Magistrates); and WHEREAS, Florida law and the City Code allow the City to enforce compliance with its ordinances in state courts by means of such legal and equitable 'actions as declarations of nuisance, actions to collect debts owed to the City, actions to foreclose on the City's liens for debts owed, and actions to enjoin continued violation of the City Code; and WHEREAS, one example described above is of a property owner of a residential property and illegal short-term tenant who have been the subject of 29 noise complaints and 42 citations in the last year alone for short-term rental violations, noise violations, and others, but have explicitly refused to bring themselves into compliance with City laws; and WHEREAS, -the City Attorney's Office and the City Administration have proactively begun the process to bring these repeat violators before the court to seek an order declaring the property a nuisance, ordering them to pay the debts owed to the City for unpaid fines, ordering foreclosure on the property to enforce the City's liens, and enjoining continued -violation of City laws, and WHEREAS, accordingly, the Mayor and City Commission hereby endorse and recognize. the City Attorney's Office and the City Administration's proactive efforts to utilize the power of the court to enforce the City's lawful regulation of its quality -of -life ordinances, including its short-term rental and noise regulations, against continued violations of the City Code by violators who refuse to comply with City laws. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby endorse and recognize the City Attorney's Office and the City Administration's proactive efforts to seek injunctions in state court to enforce the city's quality -of -life ordinances, including its short-term rental and noise regulations, and protect residents from repeat offenders who create nuisances. PASSED and ADOPTED this ATTEST: day of February, 2023. FEB 0 8 2023 Rafael E. Granado, City Clerk Dan Gelber, Mayor (Sponsored by Commissioner Alex J. Fernandez) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attomey 2 Resolutions - C7 AH MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: February 1, 2023 SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ENDORSING AND RECOGNIZING THE CITY ATTORNEY'S OFFICE AND THE CITY ADMINISTRATION'S PROACTIVE EFFORTS TO SEEK INJUNCTIONS IN STATE COURT TO ENFORCE THE CITY'S QUALITY -OF -LIFE ORDINANCES, INCLUDING ITS SHORT-TERM RENTAL AND NOISE REGULATIONS, AND PROTECT RESIDENTS FROM REPEAT OFFENDERS WHO CREATE NUISANCES. RECOMMENDATION Pursuant to the request of Commissioner Alex Fernandez the above -referenced Resolution is submitted for consideration by the Mayor and City Commission at the February 1, 2023 City Commission Meeting. ViIj ;A ;L*1!4 d I► Lej&ilkl ATJ WAAYA Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? No Legislative Tracking Office of the City Attorney Sponsor Commissioner Alex Fernandez ATTACHMENTS: Description Does this item utilize G.O. Bond Funds? 2C• Page 846 of 1420 Resolution Page 847 of 1420