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92-2797 Ordinance ordinance No. 92-2797 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MI~~I BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 8 ENTITLED "BUILDING REGULATIONS" BY AMENDING SECTION 8-3 ENTITLED "SCHEDULE OF PERMIT FEES" SUBSECTION 8-3 (h) (3) THEREOF ENTITLED "CERTIFICATE OF USE" BY; CLARIFYING RENEWAL DATE AND PENALTIES FOR FAILING TO TIMELY RENEW CERTIFICATES OF USE, INCREASING ALL FEES HEREIN BY 50 PERCENT; REQUIRING A SEPARATE CERTIFICATE OF USE FOR EACH UNIT OCCUPIED WITHIN A COMMERCIAL, INDUSTRIAL OR OFFICE BUILDING; PROVIDING FOR ENFORCEMENT OF THIS CHAPTER BY PROSECUTION BEFORE A CODE ENFORCEMENT BOARD OR SPECIAL MASTER; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. Section 1 SECTION 8-3(8)(3) and SECTION 8-5 are hereby amended to read as follows: 8-3 (h) (3) CERTIFICATE OF USE: a. No new building or premises or part thereof, except one and two family residences, shall be occupied until a certificate of use is issued by the City of Miami Beach. Certificates of use shall not be issued until the premises have been inspected and found to comply with all requirements of the Code of the City of Miami Beach. 1. Building-s---ee:::dgned and built aD office bu4--ldingo,--afld occupied only by that uoe ohall requi-Fe--a certif:iea'tc of.-u-se.- GH-iee buiM-i-fHJ:J containing commercial activitieo in ;]aa-:i:-"t-ion--toe efficeD, Dhall require an additional c..:rtif-b:::ate of uoe for-eaeft commercial activity contained therein. ( Commercial -aet;-i-v-i-toy-a-s aefined by section 20 of the Code O-E- 'he-. _*y of Hia-m4-Beach.+ ~ h Apartment buildings, hotels, and other multiple residential occupancies containing three or more units and occupied by only residential tenants shall require one certificate of use. Where these occupancies contain commercial activities in addition 1 to residential tenants, an additional certificate of use for each commercial activity contained therein shall be required. -30- ~ Industrial. office and commercial buildings being occupied by a single tenant shall require one certificate of use. If an industrial. office or commercial building contains more than one tenant, an additional certificate of use shall be required for each tenant unit occupied therein. b. A Certificate of Use must be obtained annually. certificate of Use renewal fees are due and payable on June 1 of each year~ Any person failinq to timely apply for the annual renewal of a certificate of Use as required bY this chapter may be issued a certificate of Use only upon payment of a delinquency penalty .~Q percent for the month of July or portion thereof and an additjonal 5 percent for each month of deliquency thereafter or portiol1 thereof until paid. Renewal payments must be received by the license section prior to the first day of each penalty month to avoid additional penalties. b--.- ~ The first certificate of use issued in conjunction with a new building, shall be issued at the time when a certificate of occupancy is issued and at no cost. Where individual certificates of use are required a certificate of use shall be obtained and the charge shall be as established herein below. eo !L.. As of the effective date of this paragraph, all existing buildings or premises which are subject to this paragraph must obtain a certificate of use. a.- ~ Upon the issuance of a certificate of use for a building or premises, an annual inspection will be conducted thereafter to determine that each building or premises complies with all code requirements of the city of Miami Beach. 2 eo ~ In order to obtain a certificate of use, an original fee shall be paid for the purpose of defraying the costs of all the original inspections. An annual renewal fee shall be paid to defray the costs of these annual inspections necessary to detel,nine compliance. f. ~ The fees for certificate of use shall be as follows: FEE SCHEDULE FOR CERTIFICATE OF USE APARTMENTS (INCLUDING CONDOMINIUMS) 3 to 50 units Each additional unit over 50 -$-35.00 $ 1.00 HOTEL, MOTEL AND ROOMING HOUSES 3 to 50 units Each additional unit over 50 $35.00 $ 1. 00 $52.50 $ 1. 50 $52.50 $ 1.50 RETAIL, WHOLESALE, STORAGE, MANUFACTURING, GARAGES, OFFICE, & MISCELLANEOUS Up to 5,000 square feet Over 5,000 square fee $35.00 $70.00 $52.50 $105.00 OPEN AREAS (PARKING LOTS, BOAT SALES, AND AUTO SALES) Flat fee $35.00 $52.50 RESTAURANTS (BARS, LOUNGES) First 60 seats Each additional 20 seats $35.00 $10.00 ADULT CONGREGATE LIVING FACILITIES, CONVALESCENT HOMES, ETC. Up to 50 beds For each additional bed over 50 NURSING HOMES, $40.00 $ 1.00 DAY CARE CENTERS, NURSERY SCHOOLS, AND PRIVATE SCHOOLS $40.00 3 $52.50 $1.5.00 HOSPI'l'ALS, ~60.00 ~1.50 $60.00 THEATERS Up to 500 seats Over 500 seats $35.00 $70.00 ~52.50 $105.00 CHURCH, SYNAGOGUE, AND TEMPLE $35.00 $52.50 MUNICIPAL BUILDINGS, COUNTY, PUBLIC SCHOOLS, ETC. STATE, AND FEDERAL FACILITIES AND EXEMPT MARINAS (MARINE DOCKAGE) 3 to 15 boatslips 16 to 50 boatslips For each additional boatslip over 50 $35.00 $50.00 $ 1.00 ~52.50 $75.00 $ 1. 50 Sec. 8-5 (a) Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this chapter or with any of the requirements thereof, shall be brought before the Code Enforcement Board/Special Master of the City of Miami Beach. The Code Enforcement Board/S~ecial Master may assess a fine and impose a lien to the maximum, allowed by city ordinance and Florida Statute, or in the alternative, the violation may be brought to Dade county Court. Each day such violation s~all be permitted to exist shall constitute a separate offense. The owner or owners of any bui Iding or premises, or part thereof, where anything in violation of these regulations shall be placed or shall exist, and any agent, person, or corporation employed in connection therewith and who has assisted in the commission of any such violation may be guilty of a separate offense, and upon conviction, fined. as hereinbefore provided. (b) Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this chapter or with any of the requirements thereof, shall be subject to a delinquency penalty of ten percent for the first month of a delinquency or portion thereof and an additional five percent for each month of 4 delinquency thereafter or portion thereof. (c) 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, Artiole ii 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 be required by city or county laws. (Ord. No. 86-2525,S2). Sec. 8-6 Grounds for suspension or revocation. The city Manager or his designee 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 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 acti vi ty wi thin 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. 5 (f) The owner/applicant has violated any provision of this chapter and has failed or refused to cease or corre~t 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 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 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 stockholders is interested, for any premise during the term of such suspension or revocation. At the 6 end of such period of suspension or revocation the owner/appljcant may apply for a new certificate of use. Sec. 8-7 Standards; rUle-making authority. A suspension not exceeding six months shall be imposed in cases where the owner/applicant's violation is shown to be inadvertent and can be promptly corrected by the owner/applicant; a revocation of the certificate of use shall be imposed in all other cases. The city Manager shall have the authority to adopt wrj tten administrative rules to enforce the provisions of this article, which rules shall have the force and effect of city law provided the rules are approved by the city attorney and ratified by the city commission. Sec. 8-8. Notice of violation; emergency action. If the City Manager or his designee believes that an owner/applicant has engaged or is engaged in conduct warranting the suspension or revocation of a certificate of use, he shall serve the owner/applicant by certified mail or hand delivery, at his business address as disclosed in his application for the certificate of use, a written administrative complaint which affords reasonable notice to the owner/applicant of facts or conduct which warrant the intended action. The complaint shall state what is required to be done to eliminate the violation if any. The owner/applicant shall be given adequate opportunity to request a prior administrative hearing as specified hereinbelow, unless the City Manager finds that an emergency condition exists involving serious danger to public health, safety or welfare, in which case advance notice and hearing shall not be required. In the case of an emergency suspension or revocation, the owner/applicant shall immediately be advised of the city Manageris action and afforded a prompt post-suspension or revocation hearing in accordance with 7 section 8-10 of this article. Sec. 8-9. Bearing when owner/applicant or permittee fails to comply with notic.. 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, notifying him to appear at an administrative hearing before the city Manager or his designee 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 the event an owner/applicant fails to comply with a lawful order of the City Manager or his designee, the City Manager or his designee may order the closing of the offending business and enforce his order by action of Miami Beach police Department, contracted services or other city forces. The cost of the enforcement action shall be placed as a lien against the owner/applicant's real and personal property. Sec. 8-10. Bearing procedures. Upon order of the City Manager or upon the request of a person whose certificate of use has been denied or revoked or suspended by emergency order of the City Manager or whose certificate of use has been threatened with denial, revocation or suspension by the City Manager or his designee, or upon the request of any other owner/applicant affected by action of the city, a hearing shall be provided. The hearing shall be conducted in the following manner: (a) city Manager Review (1) Other than as set forth in (b) hereinbelow, the City Manager or his designee shall give written notice of the time and place of the hearing to the owner/applicant and to the city Attorney's office. (2) the proceedings shall be informal but shall afford 8 the owner/applicant the right to testify in his own defense, present witnesses, have legal counsel present, submit relevant evidence and cross-examine witnesses. (3) within ten days of the close of the hearing the city Manager or his designee 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 city Manager or his designee shall file his findings with the city clerk and shall send a true and correct copy of his order by registered mail, return receipt requested, 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 16-7A.l. of the city of Miami Beach zoning Ordinance 89-2665. (c) Administrative Rulings as Final. The 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 adJl'\inistrative hearing departed from the essential requirements of law. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and 9 the same are hereby repealed. SECTXON 3. SEVERABXLXTY 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. SECTXON 4. EFFECTXVE DATE This ordinance shall take effect ten (10) days after its adoption, on September 26 , 1992. PASSED and ADOPTED this 16th day of September 1992. Attest: (\/? ~ Delk(u..J. ~~ ~ City Clerk 1st reading 9/2/92 2nd reading 9/16/92 FORM APPROVED LEGAL DEPT. By 5"~ *- S~ Date F - Z,-"2.. 10 CITY OF MIAMI BEACH CiTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 51~-9.L F)~ OFFICE OF THE CITY MANAGER TO: Mayor Seymour Gelber and Members of the City Commission DATE: August 11, 1992 FROM: RogerM. Carlt~AJ ~ J - City Manage~~ SUBJECT: REVISIONS TO CHAPTER 8 OF THE CITY CODE PERTAINING TO CERTIFICATE OF OSE Administrative Recommendation The Administration recommends that the proposed amendments of section 8-3(h) (3) and 8-5 of the city Code pertaining to certificates of Use be approved. Analvsis: Sect. 8-3 (h) (3) (b) Has been deleted. Amended to include office buildings and require each unit occupied t.o obtain a separate certificate of use and renumbered. This section has been added to clarify renewal procedures by specially maintaining renewal date and penalties for late payment. The fee schedule has been amended to provide a 50% increase in fees. Special Master specifically mentioned 8- 5(c) inaccurate reference to .Article II, Chapter 20 deleted. Sect. 8-3(h} (3) (a) (1) - Sect. 8-3 (n) (3) (a) (2) - Sect. 8-3 (h) (3) (g) Sect. 8-5(a) CONCLOSION This proposed amendment provides for a 50 percent increase in existing certificate of use fees. The annual revenue increase is anticipated to be $110,000. This will be the first increase since the inception of the ordinance in 1988. The Planning & Zoning. Building, and Fire Departments are all involved in the Certificate of Use approval process. In many cases multiple inspections are required before approval. The costs of the original inspections, the annual follow ups, and administration have grown over the years. Estimates for the minimum cost of each department's inspection are listed below. 63 AGENDA ITEM ~-~-G CU~-9 2.. DATE cost of Inspections Building Dept. planning & Zoning Dept. Fire Dept. $25.00 $12.50 $20.50 In addition these amendments provide clarification of renewal procedures and require that a certificate of use be obtained for each unit occupied providing for easier implementation and enforcement. 61