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Ordinance 1580S • • r ' � . � ' f i + oRnzNa�v�E �vo. 1580 CITY AF MIAI�II BEACH, FLORIDA . �. _ _ MININiUP�i HOUSIN� STAi�tDARDS ORDINt�NCE �,iV O�Dii.�i��d�� i0 �E �i�O�J�ft�T �S 'Ti�iE �ITY OF MIk�'II Bi.�C��9 FLO;tID�, �IIIVIMUM �QtT�I1�1G ST,�I�II�,��::� O�.BIi��:i�� 9 �'IZOVIDING t�CITATI0tV5 OF L�GI��IVE AU`Tx�OniT�Y y PROVII�ItvG �I�DiZT TITZE 9 M�4►KI1�dG �G:�S�:TIVE F�i�ii�I1�G� ��iVD D�CZA�IVG L�GIS�4TIVE I1TT�1�1T 9 PROVI�Ii�G Ffl�Z C4i�TST��UCTIOiV A1�1D �PPiLIC�.Bi�.ITY �F Ot�DIiV�1�C� 9 � P�ES�t'�VI�i�TG E�I�TING �MEDIE� � P�:OVID`�NG D�Fr1�IgloNs ; E ST�BLIS�iING MIyIMUI�i x-iDiJ�I�iG L�i�IF4�C�i�tE�IT OFF�� .ND� P�ti::;CkIBII�TG HI,��' 1�1UTIE� 9 P;�OVIllI1vG F0� IDEiVT IF IC�T IOi�T OF ��€OUS IL�G OFF I� IA1,S 9 P�L� �C�IB I�V� PROC�DU��S FO�. ii�15��TIONS, NOTZC� OF VI��TIOi�� i�1D F�ivAL Ot�DEl�� q P�ZQVI1�Ii�dG FOR �CO��TI�1� �F FI��AT� 0�'.DER� 9 P�OVI�IivG FO�. OBTAIIVIN� COPIES �1F �:COR�� 9 PitOVlDiidG �:i�.EDi�S FOR ENFO�.C�.M�I�r 9 G�iIJTIi�IG PO�-i�� TtJ ��T I1�T L1vi�RG�1�CI�S y P��VID�iV+� , FO�Z �',D�tIiVl��i�`TIVE ��PPEI�LS 9 ES'T�B�IS�iI�T�G I�II�tI�iJt�I , ��USII�TG �PPEALS �t��1�D ,�,.c�1� PtZE�C�IB IiV� � ITS L'�UTI�� 9 �'KES�t�IBIIVG MI1vIi�UM �{�U�Is�1� ST�'1vB�.i:D� A� `TO ��.�I� � �f�Ui�'MENT, F�CI�ITI�S, LIG��iT Ai�T� VEI�ITIL�TION, SAF�:TY �i�� SAi�IIT�i�Y I�i�;ASU�S, �►�'AC�, iJ�E �1V% LQC�.TiON �.Et�UI�tENIEi�TS 9 �i�I� ��'Oi'��I�I�ITIE� OF Oj�'1V�,�.� �xi�U O�CUP�,i�'T;� r P�E��KIBIN� i�IIi�IMUM �T�i�Dk�.ZDS �! F0� �iOT�I�S �13D :Q�i�il��d� �E�OtJSES; Pi��C�ZIBIiVG FOF� ' D]��Iv�idATlvt� OF �11vFIT I3�rf��:Li�IIVG�, i'�OVIDII�� FOi� 3tTI,I�IAL RLVI�;v�; I'�aVIZ�Ii�1G �EV�iZABILITY CZ,�xU��, 1�EP'��i� CL�Uu� , Ii�iCL��U:�IOi� �i� CODL , A.i� �FF�CTIVE D�TE . . • � r w ' ' � ,M � , • « CITY QF MIAMI BEACH MINI�tUM i-iOUSIivG �TANDAR�S O�DIIVAN�E ....e..,.� ARTICLE I Section 1.01 Section 1.02 Section 1.03 Section 1.04 Section 1.05 Section 1.06 Section 1.Q7 Section 1.08 Section 1.09 Section 1.10 Section 1.11 Sect3.on 1,12 Section 1.13 Section 1.14 Section 1.i5 Section I.lb Section 1.17 I�1DEX TO 4�tUI1�1AIVCE � w r " • . • P�e s Short Title 1 Legisldti.ve Findings 1 Legislative Intent 2 Constr�xction dnd �,pplicability 2-3 Existing �emedies Preserved 3-4 Definitions 4-7 t��iini.mum k�o�sing Enforcement Of f icer 7-� Duties and Powers of i�inimum �Iousing Enforcement Off�.cer �S-9 Identific�.tion of M3.nimum �Ious�.ng Enforcement Off3.cer 9-10 Inspection of l�wellings 14-11 Not3.ce of Violations 11-12 Final Order 12 Records dnd Searches 12 Remedies for Enforcement 12-13 Power ta Act in Emergencies 13 Appe�ls from Actions or Decisions of Minimum ��ousing Enf vrcement Of f i.cer 13-14 Minimum �Iousing Appe�ls Bo�.rd 14-17 r � � � �� l � w � R A � t � . . � r �� _. ' ARTICLE II I Sectian 2.01 Section 2.02 Section 2.03 Section 2.04 Section 2.45 Section 2,�O�i Section 2.07 Se�ction 2.0$ ARTICLE III Section 3.41 Section 3.42 Section 3.Q3 Section 3.04 Pa es t�inimum Stdnddreis for B�.sic Equipment dnd Fa�cilities 17-18 t�.nimum St�nd�rds for Light and Ventildtion 19-20 �equirements Reldting to the Safe and Sanit�ry lKaintenance of Dwellings �cnd Dwelling Units 21-22 Minim�,un Space, Use and Loca�tion �equirements 22--23 Responsibilities of Owners and Occupdnts 23-24 Requirements Rel�ting to the Safe �nd Sanitary i�tainten�nce of Non-Dwelling Structures �nd Fences 25 Minimum St�nd�rds for Hotels and i�ooming �Iouses 25-27 Designation of Unfit Dwellings, i�ote 1 s and Rooming f-�ouse s, dnd Procedures for Condemn�tion �s Unfit for �3uman Habitation 28-29 Judicidl �eview 29 Sever�bility Cla�use 30 �tepeal Cl�use 30 Effective Ddte 30 7 1 . � . � t � r � � r '� .+ , � � " �� CITY OF MIAMI BEACH MININiUM ►�iOUSI �G STAlvDA1�D S ORDIivA�TCE BE IT ORDAINED 8Y T��E CITY COUN�IL OF THE CITY OF M?.�vil BEACH, FLORIDA: AR..� .... �. Section 1.01 SHORT TITLE. This ord3,n�nce shall be known �nd m�y be cited a�s the "City of Miami Be�.ch �Iinimum Housing Stand�rds ordinance�' . Section 1.02 LEGISLATIVE FINDIi�iGS. The City Council hereby finds and decl�res tn�t there presentl� exist in Mi�mi Beach, Florida, structures used for human habitation, which are, or m�y became in the future, subst�.ndard with respect to structure, � equipment or maintenance. Further that such conditions, together w ith inadequate provision for light �nd �ir, insufficient protection against fire hazard�, lack of proper ventilation for heating and c ooling, insanit�ry conditions, �nd overcrowding, constitute a menace to the hea.lth, safety, morals, welfare, and reasonable comfort of the citizens and vf sitors of this rnetropolit�n �rea. It is further found and declared thdt the existence of such ' c onditions, factors, or char�cteristics, if nat remedied, will create slum dre�s requiring l�rge scale cle�rance, dnd further c that, in the absence of corrective me�sures, such are�.s wi11 ' experience a� deterior�.tion of social v�lues, a curta�ilment of investment �nd tax revenues, dnd imp�ix�nent of econemic values. � � It is further found and declared thdt the establishment and ; ' mdintenance of minimum housing standards a�re essential to the � prevention of blight and decay, and the s�feguarding �f public health, sdfety, mor�.ls and welfare. t T . * • R� ., . . � � r Y � � i r �r Section 1,03 LEGISLATIVE IVTENT. The 3.ntent �nd purpose of this ordinance is to protect the public hea.lth, s�fety, m orals and welfdre of all the people of Miami Beach, Florid3, by estdblishing minimum standards governing the condition, occupancy, a nd maintenance of dwellings, dwelling units, rooming houses, rooming units �cnd premises estdblishing minimum stdndards governing utilities, facilities, and other physical components �nd conditions essential to make dwellings, dwelling units, rooming houses, rooming units, and premises s�fe, sanitary, and fit for human habitation; fixing certdin responsibilities and duties of owners, operators, agents, �nd occupants of dwellings, �nd dwelling units, rooming houses, and rooma.ng units; authorizing �nd est�.blishing procedures for the inspection of dwellings, dwelling units, rooming houses, �.nd rooming units, and the condemn�tion �nd v�cation of those dwelli.ngs, d��teiling units, rooming houses, �nd rooming units unfit for human habitation; �nd fix�.ng penalties for the violations of the provisfons of this ordinance. This ordinance is hereb� declared to be remedial and essen�i�l to the public in�erest, dnd it is intended that this ordinance be liber�.11y coastrued to effec- tuate the purpo�es �.s stdted above. Section 1.04 C41�STRUCTION AI�D APPLICABILITY . The provisions of this ordin�nce sh�ll be applica�ble as � minimum stdnd�rd in Miami Beach, Floric�a. Every portion of � building or p remises used or intended to be used for dn� dwelling purpose, except tempor�.ry housing in times of local emergency, disaster or necessity, shall comply with the provisions of this ordinance, irrespect3.ve of when such bui.lding shall have been constructed, �ltered or repaired; �nd irrespective of �ny permits or licenses which sh�Il ha�ve been �.ssued for �he use or occup�ncy of the -2- � t ! . .� � _� . . � � , , , � •�` buildLng or premises, for the construction or repair of the building, or for the inst�.11�tion ar repdir of equfpment or facilities, prior to the effective ddte of this ordinance. This This ordinance is intended �nd shall be construed �.s est�blishing minimura stand�rds for the initi�.l �nd continued occupancy of �11 buildings. It is not intended to repl�ce, modify, supersede or d iminish the standards est�blished for the construction, repair, dlter�tion or use of buildings, equipment or fa�cilities by the South Florida Bu.ilding Code. In any case where any pro�ision of this ordin�nce is found to b e in conflict with �. materidl and controlling prov3.sion of Zoning regul�txons, the South Florida Building Code, or any other municipal ordiaan�e, code or reguldtion, � or any rules or regulations of the Florida State Board of Health, the provision which establishes the highest standard shall prevdil. All municigal departments, offici�ls �xnd employees �ho h�ve the duty, responsibility or �►uthorit�r to issue perm3.ts or licenses in r egard to the use dnd occupancy of dwellings, dwelling units, rooming houses, or rooming units, or simil�r fa�cilities, sh�ll conform to the provf sfons of this ardina�nce, ds d minimuin st�ndard. � It shall be the duty �.nd responsibility of municipal dep�rtments, � offici�ls and employees to eniorce the minimutn standa�rds prescribed � by the provisions of this ord�n�nce. � � Section 1.05 E�ISTING REl'�EDIES PI�ESEI�VED. Tvothing i� tnis ordinance s�all be deemed to abolisc� or imp�ir �ny existing remedies relating to tine removdl or demolition of �ny buildings wi�ic�i a�re deemed to be dangerous, uns�fe or insanitary. This ordindnce shall not affect viold��.ons of �ny otiner municip�al ordindnce, code or regulations existing prior to t�e effective d�te of tc�is ozdinance, and suct� viol�tions s��all be governed �nd sfiall -3- �-�� _ � � � � �� j � • � . � • � � � - i � , , � •1 continue to be punished to t�ie full extent of the ldw under t�ze provisions of those ardinances, cades or regulations in effect at the time t��ie violation was committed. SECTIOi�t 1.Q6 DEFIi�tITIONS. In constru.ing t��e provisions of this ordinance, wnere the context will per�nit and no definition is provided herein, ��Ze definitions provided in C:Zapter 4 of tiie South Florida Building Code s�all dpply. The following words and p�:ra.ses when used in tnis ordindnce shall h�.ve the meanings ascribed to them in this section: 1. APPROVED shall medn �pproved by the he�d of t�e enforce- ment dgency or his �utihorized representatives. 2. CELLA�t: Th�t portion of a building between floor and ceiling which is wholly or partly below gr�de dnd so located that the vertical distance from gr�tde to floor below is equal to or ; greater t�an the vertical distdnce from grade �Co ceiling. 3. DWELLII�IG, i�IULTIPLE-FAMILY: A dwelling designed for occup�ncy otherwise tnan as d one-family d�elling, or a two-f�mily dwelling. Ti1e term "Multiple Dwelling" snall be understood to � include �partment �ouses, bung�low courts, �nd all ot�er fa�mily dwellings vf similar cndracter, but no� to include hotels or apa�rtment hotels. 4. D��ELLIi�iG , TT6ti10-F�NIILY : A detached bu�.lding, divided horizonta.],ly or vertic�Ily �nd designed for or occupied by two j single-facmily tiousekeeping units; contdined entirely under one roof and �Zdving or�e dividing partition common to each unit or having t�e ceiling structure of the lower unit ttle floor structure of tne unit dbove. -4 - 1 r . � � � � � � � i I ,� t � � 1 5. DWELLI1dG, SIi�GL�E�-FAMILY: A detacized bu3.Iding designed for or occupied exclusively b� one f�mily. 6, EIVFOKCI�TG AGEIVCY sha�11 medn t�ie Chief Building Inspector of the City of Miami Bedch, Florida. 7. E1�IF'ORCI1vG OFFICE�. s�iall mean any eaYployee of the enforcing agency char�ed wit� tne responsibility of m�king inspections of buildings dnd premises a�nd �.ssuing violdtion notices w�ien necessdry. The term shall be synonymous witn Inspecting t3fficer. �. GA�BAGE s�all medn t�ie dnim�l a�nd vegetable wdste resultin� from the hdndling, prep�rdtion, cooking dnd consumption of food. rooms. 9. HABITABLE AREA st�a�ll mean two (2) or more ildbitdble 10. HABITABLE RQOM siial]. medn d room or enclosed f loor space used or fntended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, shower rooms, wdter closet compartments, Idundries, pantries, foyers, connecting corridors, closets dnd stor�ge sp�ces. 11. icIEAD �F Ei�IFC1I�CEMEi�T AGE�ICY s��ll mean the Chief Building Inspector of the City of Mfami Bedch, Florida. 12. �IOTEL: A building or premises where lodg�.ng a�ccongnoda- tions of more than five (5} rooms are provided. Mo�els shall be included in �his category. 13. :iOTEL UiYIT si�all atean an�r room or group of hotel rooms forming a single hdbitable unit used or intended Co be used for living and sleeping, - - � � � :� ==�-- � Mote1 wnits s�iall be included in this category. -5- � + . • -� � , o �' � -', . , 'j -: 14. IIYFESTATIOiV s�i�ll mean tne presence of any insects, rodents, vermin, or otner pests. I5. INSPEGTIi�iG �FFICEK sh�ll be synonymous witn the term Enforcing Officer as previously defined. 16. OCCUPAT�IT shall medn dny person over one (1} yedr of dge living, sleeping, cooking, edting in, or having actu�.l possession of a dwelling, dwelling unit, hotel unit, or rooming unit. c 17. OPERATOR slnall mean �ny person who nds charge, care, or control of a building, or pa�rt thereof, in w�ic;� dwelling units, hotel units, rooming units, or motel units �re let. 18. O�TT�IER shall mean any person, f irra, corporation or other legal entity, who individually or j ointly or severdlly witn others, holds the leg�l or beneficial title to any dwelling, � dwelling unit, rooming house, rooming unit, fdcilities, equipment � io r premises subje�t to the provisions of tlnis ordinance. The ter� shall include the owner's duly �uthorized agent, a purchaser, devisee, fiduci�ry, property hoider or any other person, firna, corporation or �,egdl entit� having a� vested or contingent interest, or in t�e case of leased premises the legal i�ol.der of the le�►se, or his legal representative. It is intended that tizis term shall � be construed �►s dpplic�►ble to t�e person, firm, corporation or Iega�l entity responsible for the construction, maintendnce dnd operation of the building, facilities or premises involved. 19. PREMISES s�iall me3n dny occupied or unoc�upied building, accessory structure, lot, parcel of 1and, or �ny pdr used or intended to be used for residential purposes 1 f � � , , ` � � ♦ ' � •I � I �, � y I 20. ROQMING �iOUSE OR IADGINGH�USE s�zall meon any bu�.lding containing less than ten (10) rooms intended or designed to be used or which �re used, rented or �ired out or whic�� are occupied for I � sleeping purposes by two or more pdying guests. 21. ROOMII�TG UI�TIT sha�ll mean any room or group of rooms, forming a single habitable unit, used or intended to be used for living dnd s leep ing. -- � __ _ - _ _ 22. RtJBBIS�i shall mean dll combustible and non-combustible wdste mdterials except g�rb�ge. T�i1e term shdll include residue from ��e burning of wood, coal, coke, ��nd other cambustible mdteridl.s, pdper, r�gs, cdrtons, boxes, wood, excelsior, rubber, leather, tree brdnches, y�rd tri�aings, tin cans, metdl, mineral � matter, glass and crockery, 23. SU�'PLIED s�,all me�n p��.d for, furnisried, or provided by or under control of the owner or operator. 24. TE�iPORARY i�OiTSING sindll mean dny tent, trailer, or a other structure used for �uman shelter which is designed to be tr�nsportable and whic� is not �ttdc�ed to the ground, to another structure, or in a permanen� ina�nner to dny utilities system. � 25. MEAVII�G 4F CERTAIi� WORDS - k�henever the words 41dwelling" , "dwelling unit", "hotel°', "hotel unit", '�rooming house�', "rooming unit°o and °1premises" are used �.n this ordinance, they shall be construed �s though they were followed by the words ¢'or dny part thereof" . Section 1.07 MIi�1I� Ht}USIi�G Ei�1FOkCENiEiVT OFFICER, The office and position of Minfmum ��ousing Enforcement afficer is w7r► � � , - . i , ` � � J r '� � � � ' � . �i hereby designated to be the Chief Building Inspector. The City Mandger shall appoint suc� assistants to the Chief Building Inspector as may be necessary i� order thdt ?�is duties may be properiy performed, subject to budget limitdtions. The organi- zation and adminis�rative operating procedures of suc�z city office and its relationship �nd coordination with ot�er ddministrdti.ve departments, agencies, officials and ennp�.oyees of the City Governtnent shall be establis�ied and placed in effect, from time to time, by adminis tr�tive order of the City Mandger. Section 1.08 DUTiES AiVD P4WE�2S �F MI��TIMUM �IaUSING ENFORCEMENT OFFICEk. The duties, functions, powers and responsi- bilities of trie Mini.mum �3ousing Enforcement Officer shall include the f o 11oWing : 1. The enforcement of t�ne provisions of this ordina�nce dnd rules and regulations promulg��ed ��ereunder, dnd all city ordinances, codes, rules �nd �egul�tions pertdining to housing dnd the use �nd occupancy of dwel.lings, and �11 rules and regula�tions of the Florida State Bo�rd of Health �nd the Florid�. Hotel and Restaurant Commission, in cooperation raith suc� s��.te agencies. 2. Investig�te complaints, make a continuing study of all housing facilities in the ci�y; institute actions necessdry to abate violations of �11 city �nd st�te regul�tions governing the use and occupancy of housing f�cilities, and prosecute proceed�.ngs ! for violations of this ordinance. 3. Make dppropri�te surveys �nd inspections to determine wnet�er the provisions of this ordindnce are being complied witn, and whether minimwm nousing st�nd�ards dre being m�intdined. 4. Make inspections of housing pxemises, f�.cilities and equipment in �ecordance w3.th procedures prescribed by this ,.g_ �,� � �� ri�. � �� . � ��. � �;� , � � , • -� � � . . , , � � • s .i ardinanCe to determine whettler the provisions of this ordinance are being complied with, and make recommenddtions for methods by whic�i minimum housing stdnddrds m�y be more effectively mdintdined. 5. Render dll possible dssist�nce dnd tectlnic�i advice to persons operating dnd m�intdining housing facilities, premises and equipment . 6. Establish, operate and maintdin a continuous program for monitoring a�nd inspection of housing facilities in the Ci.ty of � �� Miami Beach, Floridd, designed to provide accurdte data and inforaaation �s to whetner the mini�nwn standards established by � this ordinance �re bei.ng complied wi�h and whether the level of adequa�e housing facilities is increasing or decreasing in the City of iKi�mi Be�ch, Florida�. 7. Publish and disseminate information to the public concerning all matters relating to minimum housing stdndards dnd the advdnta�ges of ddequate housing f�.cilities. 8. Render all possible assistance and cooperation to Federal, St�te dnd local a encies dnd officials in the dccom lishment � t� P of effective minimura housing standdrds and controls. 9. M�ke periodic reports concerning tne st�.tus o� minimum housing standards and the enforcement of the provisions of this ordinance, and recom�nenddtions concerning the irnprovement of minimum housing stand�rds �nd controls. 10. Perform such other administrative duties as mdy be assigned by the City Mandger. � Section 1.09 IDENTIFICATION OF MI1�IMtTTM HOUSING EiV�ORCEMEIVT OFFICER, The Minimum �Iousing Enforcement Officer �nd all �ssistdnts shdll be furnished with official identification c�rds signed by ' -9- � • -, . . . , � ■ � � =., � . -1 .i the Chief Build3,ng � inspec�torx-- w��,ch ijder�t3.ficat�+on ca�ds shall cont�in the name of tne of f icer, 3his photograph, and pertinent descriptive identifying infornaat3.on, dnd such other mdtters designed to fdcil�.t�►te recog,nition by t�e public of the stdtus of such official. �Ipon �request, the Minimuni Housing Enforcement Officer and dssistdnts shall exhibit such identifica�tion when entering any dwelling, dwelling unit, ro�ni.ng house, rooming unit, or prem�.ses. The requirements af this section shal.l not in dnywise be construed as relievi.ng the �ini�num Hous�.ng Enforcement Officer or assistants fram camplidnce with the procedures prescribed in this ordf,n�nce f or mak�.ng inspections . Section 1.1� IIVSPECTIOI�1 OF DWELLINGS. The enfoxcing agency � is �ereby duthorized and directed to ma�e inspections after writ�en notice by the Chief Building Inspector, setting forth the time and date inspection is to be made to determine the condition of dwellings, dwelling units, hotels„ room�.ng hauses, and premises. For the purpose o� making sucl� inspect�ons the inspecting officers of �he enforcing a�ency are hereby duthorized to enter, exdmine, and survey between the hours of 9:00 A.M. �nd 5:00 P.M. all dwellingsa dwell,ing units, hotels, hate�. units, rooming houses, rooming units or any other structure or p remi5es. The owner, operator or occupant of every dwelling, dwelling uni�, hotel �nd rooming house, or the p erson in charge thereof, shall give the inspecting officer free access at ai�. reasonable times for the pur.pose of such inspec�ion, examin�.tion and survey, and shdll supply 3s correctly �nd promptZy �s possib�.e aIl inform�ti.on requested by the inspecting officer. Every vccupant of a dwell�.ng, dwelling unit, hotel, unit and raoming una.t shall g�.ve the owner thereof , or h�.� a.gent or -10- � 1 � • � � � � r � f i , •' . . . � i .; employee, dccess to a.ny part of such build3.n.g or its premises at all reasonable times for the pnrpose of making such repairs or alterations ds are necess�ry to effect compli�nce with the provisions of this Ordinance or with any rule, regul�tion, or : l�wful order issued pursuant to the provisions of this Ordinance. : Failure to permit dn inspectian to be made in campliance with the provisions of this section shall constitute a violation of this ordinance dnd sh�all subject the violator to the penalties prescribed herein. Section 1.11 ivOTICE OF VIDLATIONS. W�ienever the Minimum Housing Enforcement Offieer finds and determines that there has been � viola�ion of the minimum housing stand�rds established by this ordinance, he shall give no�ice of such violation to the person or persons xesponsible for such violation. Such notice shall be in writing and in the form approved by the Chief Building Inspector and shall specify the violation �nd shall provide a reason�.ble tune for compli�cnce, dnd shall be served upon the person or persons responsible for the violation. Such natice shall be deemed to be properiy served and binding upon the person or persons responsible for the violation �.nd ugon the facilities or premises iavolved if � copy is served persona�lly or served by certified m�ail, or if �fter diligent search dnd inquiry the person or persons responsible for the violation c�nnot be found or ser��d by persona�l �� ; serv3.ce or certified mail, � copy of the notice is posted in a ' conspicuous place on the facilities or premises invol�ved. Such notice shall specify th�t the violation must be corrected or a building permit for the work requatred to correct the violation must be obtained �rom the Mi�mi Beach Building �nd Zoning Department � � • ° � � • � � � S � ` � a - Z . t within the time specified in the notice and th.dt final ccxnpliance must conform to the requirements of the South Floridd Building Gode, the Zoning 4rdinance, and any other dpplic�ble ordinances af the Cit� of Miami Beach, Florida�. Such �notice may contain �n outline of the remedi�l action which, if taken, will constitute compli�nce with the requirements of this ordina.nce. Such notice shdl�. inform the person or persons to whom it is directed of the right to �pply to the K�,nimum Housing Appea�ls Board for a hedring �nd review of the matters specified in the notice, SECTION 1.12 FINAL ORDER. Any notice of violation prov�ded for in Section 1. �.1 hereof sh�ll dutom�tically becoine a fin�1 order in the event that no dppeal from the notice of violation is filed with the Minimum Housing Appeals Bo�rd within thirty (30) days diter the date of service of �he notice of violativn. Section 1.13 RECQRDS ��'D SEARCHES. All records of the Minimum Housing Enforcement Officer shall be public. tlpon request, the Minimum Housi�g Enforcement 4fficer shall be requi.red to make a search of the records m�..intained under his supervision ancl control and issue certificates concerning violations and as ta whether the property involveci has been inspected and whether or not any vio},ations have been found to exist in respect thereto. The Minimuai Housing Enforcement pfficer shdll have the power and authority to chdrge �nd col.lect reasonable fees for making such searches and certificdtes. Section 1.14 REMEDIES FOR ENFORCEI�Ei�T . It shall be unlawful for any person to fail to compiy with the minimum housing standards established by this ordinance, or to fail ox refuse to w12� i "i . � i i . ! - � . � comply �aith the requirements of any findl order issued in i • ! accord�nce wi.th the provisions of this ordinance. If �ny person sha�ll kno�aingly fail or refuse to obey or comply �,�ith, or willfully violates, �ny of the provisions of this ordinance, or dny lawful final order issued hereunder, such person, upon conviction of such offense, shall be punished by a� fine not to exceecl Five Hundred Doll�rs t$500.00), or by imprisonment not to exceed sixty (60) days in the City Jail, or both in the discretion of the Court. Each day of continued violation �hall be considered ds a sep�r�te offense. The provisions of this ordinance �.nd final orders is�ued in accord�nce with the provisions of this ordin�nce m�y be enforced by mandatory injunction, or other dppropr�.ate civil �.ction. Section 1.15 PO4�ER TQ ACT Ii�1 ENiERGEI�CIES . Whenever the Minimum Housing Enforcement Off3.cer finds that ,� vfolation of the provisions of this ordin,�nce exists which requir�s immediate action to ab�te d direct and continuing haz�►rd, or immedi�te ddnger to the health, sm�f�ty or welfare of the occup�.nts or the public, such officer with the �.pprova�l af the City Man�ger m�.y, without prior notice, issue an order citing the viol�.tion and directing that such action be taken a� m�y be necess�.ry to remove or ��te � � � the haz�rd or danger. i�Totwithstanding any other provision of � this ordinance, such emergency oxder shall be e�fective immediately upon service and shall be compl3.ed with ir�mediatel�r, or as otherwise provided. Section l.lb APPEALS FRO�i ACTIO��TS OR DECISI0�15 OF MII�IMUM HOUSING ENFORCEMENT OFFICER. A.ny person dggrieved by any action or decision of the l�tinimum Housing Enforcement Offi.cer may appe�l ta the Minimum �tousing Appe�ls Board by filing with the Board, -13- , • � • ,� � . . ' � �•, , , � •f , � � within fifteen (15) days diter the date of the act3.on or decision � complained of, � written notice of appea�l which sh�ll set forth conci.sely the action or decision appealed from and the redsons or grounds for the appeal. The Bodrd sh�ll set such appeal for he�ring �.t the e�riiest possible date, �nd c�use notice thereof to be given to the appelldnt a.nr1 the M[inimum tiousing Enforcement {�fficer. The Board shdll hear and consi.der �11 facts materi�l to the appeal and render �. decision promptly. The Board raay �ffirm, reverse or modify the action or decision �.ppedled from, provided thdt the Board sha.11 not td.ke dny �ction which conflicts or nullifies dny of �he provisions of this ordin�nce. The decision of the Board shall be final, �nd no rehedring or reconsideration shall be considered. Any person dggrieved by any decision of the Board on an �ppeal shall be entitled to dpply to the Circuit Caurt for a review thereof by writ of certiora�ri in �ccord,�nce with the app lic�ble Court Rules. Section 1.1? MIi�IMtUM HOUSING APPEALS BOARD. The City of Miami Beach Minimum Housing Appea.ls Bodrd is hereby create� and established. The Board shall consist of seven t7j members �ppointed by the City Council. 1.. QUALIFICATIOi�1S OF MEMBERS . Members of the Bo�►rd sha11 be pernaanent residents �nd freeholder electors o� �iami Beach, Florida, who possess outstanding reputations for civa.c pride, interest, i integrity, respansibility, a�nd business or professiondl �bility. E Appointments shdll be macie by the City Council on �he ba.sis of ; i e xpe�ience or interest in the f3.eld of building d�d housing. The composition and representati.v� membership of the Bo�rd shall be �as follows: an architect, a building contractor, dn �.ttorney �t ldw, -14- ' � ' r a real estate appraiser, a mortgage broker, a real estate property mandger, and a citizen with experience �nd bdckground in the field vf social problems. 2. TERMS OF OFFICE. In order thdt the terms of office of a 11 men�bers of the Board sh�ll not expire at the sdrae time, the initial appointments to the Board sh�ll be as follows: Two nnembers shall be appointed for the term of one yedr; two members shall be appointed for the term of t�ao ye�rs; and three members shdll be �ppointed for the tercn of three ye�rs. Therea�fter ;�11 appointments shall be for the term of three years. Appointments to fill �ny vacancy on the Board shall be for the rem�inder of the unexpired term. 3. OR�GAi�IZATIOiV OF THE BOARD. The members of the Board shall elect � ch�irm�n and such other officers ds may be deemed necessary or desirdble, who sh�ll serve dt the will ot the Board. Four members of the Boa�rd s�all constitute a quorum necessary to hold a meeting or take any action. A majority vote of the entire membership shall be necessary to overrule dny action or decision of the �[inimum Housing Enfarcement Officer or to gra�nt an extens3.on of time for compli�nce with the provisions of this ordinance. A majority vote of those present dt a duly constaLtuted meeting shall be sufficient for dn� other actions. i�Iembers shd11 serve without c omp�nsation, but shall be entitled to be reimbursed for necessary expenses incurred ia the perform�nce of their official duties, upon approvaZ by the City Couacil. The ch�irman n�y call meetings of the Board, and cneetings may be callec! by written notice signed b y three (3) members of the Board. Minutes sha►11 b� kept of all meetings of the Board. A.11 meetings shdll be public. The City Manag�r shall provide adequate dnd competent cleric�l and -15- � � � � t � ' � • � � � � � . � � � / � , . ( . � 3. Every bathroom, shower room �nd water closet compa�rtment shall comply with the light and ventilation reqw�.rements for habitable rooms contai.ned in �ections 2,02 (1) and 2.02 {2), except that no window or skylight sh�.11 be required in adequ�tely venti- lated bdthrooms, shower rooms dnd wa.ter closet compartmen�s equipped with an approved mechanical ventilating system which automatically becomes opera�tion�l when the bathroom switch is turned on. 4. Every door, window or other device ogening to outdoor space and used or intended to be used for ventila�tion shall be provided with an approved ltype of screen for protection agafnst mosquitos, flies and other i,nsects. 5. Every opening bene�th d dwelling, including bdsecnent or cellar windows and crawl sp�ce, sh�l.l be equipped with an �pproved type of screening or ldttice woxk to keep out large animals. 6, In a�ll areas where electric power service is avdilable, every h�.bitable room shall contain at least two (2) separate dnd properly inst�lled wall-type electric outlets or one (1) such outlet and one (1) properl� installed ceiling-type electric light fixture. Every bathroom, shower room, water closet compartment and laundry room shdll contain �.t least one (1) properly installed �� ceiling or wall-��pe electric light fixture. The switches shall be so located and inst�.11ect as to dvoid the dan,ger of electrical shock. 7. Every h�.11 and stairw�y loc�ted in � structure used for human habitatian shall be provided with not less than one �1) foot candle of natural light throughout or with pro�erly installed electric lighting fa.cilities which pravide not less than one (1) foot candle of illumindtion tkucoughout and which are controlldble by the occupants of the structure and �.vaildble �t a�ll times. _ 2,� _ , + - ' •, . . •� : � •, � . • i , •r Sec�ion 2�03 t�E(�UIRENiEl�'TS kELATIiVG TO THE SAF'E AiVD �A1vITARY MAIi�'TEi�1AT�CE OF DWELLIi�TGS Al� D��ELLING UNITS. No person sh�ll occupy, or let to another for occupancy, an�r dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, �hich does not comply with the following requirements; 1. �All founddtion walls sh�ll be structurally sound, rea.sonably rodent-proof, and maintained in good rep�ir. Foundation wa11s shall be considered to be sound if the� �re c�apable of be�ring i.mposed loads and dre not deterforated. 2. Every dwelling unit shall be reasondbly wedthertight, watertight and rodentproof. Floors, wdlls, ceilings �nd roofs shall be capable of affording �dequate shelter aad privacy �nd shall be kept in gaod rep�i.r, ��indows and exteri.or doors shall be reasonably wea�thertight, w�tertight and rodentproof, and shd11 be m aintained in good working condition. All p�rts of the structure that sho�a evidence of ro�t or other de�.eriordtion sha�ll be repaired or replaced, 3. Every inside and outside stairw�y, par�h, �nd every appurten�nce therelto, sh�ll be maintained in d safe condition and be capable of supporting loads which normal use may impose. 4. Every chimney and smoke pipe, and �.11 flue and vent dttachments thereto, shall be m�intained in such condition that there will be no leaka,ge or backing up of smoke dnd noxious gases into the d�ae lling . 5, All exterior surfaees subject to deterioration shdll be properly maintdined �nd pro�tec�ed from the elements by pdint or other approved protective coating �.pplied in a workmanlike f�shion. 6. Every plumbing fixture, wdter pipe, w�►ste pipe and dr�.in sha�ll be maintained in good sanita�y working conditi�n, free from defects, ledks and obstructions. _ - ' . , , < < .� . i • � ■ � � { •`! 7. The floor surf�ce of every water closet compart�uent, bathroom and shower room sha11 be maintaiaed so as ta be redson.�bly imperv3.ous to w�ter and so as to permit such floor to be e�►sily kept in a clean and sdnitary condition. 8. Every supplied fdcility, piece of equipment, or utility required in this ordinance sh�Il be main�ained in a s�fe and satisfactory working condition. i�o owner or occup�nt shall cause any service, fdcility, equipment, or utili�y required in this ord�.nance to be removed from or discon�inued for any occupied dwelling or dwelling unit except for such tempor�ry interruption as may be necessdry while actual repairs, replacements, or �lterdtions �re in pracess. Section 2.04 MIivIMiJl�i SPACE , USE A�VD LOCATI�iV REQUIREMENTS . I�To person shall occupy, or let to �nother for occup�ncy, �ny dwelling or d�relling unit for the purpose of living therein, which does not comply �ith �he following requ�rements: � multiple-f amily � 1. Every/dwelling unit sh�.11 contain � minimum gross floor �re� of a�t ledst four hundred (40O) square feet. 2. In every dwelling unit of two (2} or more habitable r ooms, every room occupied far sleeping purpases by one occupant shall ha�ve �. minimum gross floor are� of �t le�st eighty (�0� square feet. Every room occupied for sleeping purposes b� more than one �l� occupant shall h�.ve a� minimum gross f loor a�re�► of � fifty (50) square feet per occup�nt. Every room used for sleeping : purposes sh�ll have a minimum width of eight (8) fee�. Kitchens shall not be used for ��epi.ng p►urposes. Porches shall not be used as permdnent sleeping �uarters. 3. At least one-hal� (�) of the floor are�. of every h�.bitdble room shall have �x ceil3.ng height of �t least seven (7) feet. _22_ �� Y . . � • . , � .. . , 4. lvo dwellirig or dwelling unit containing two {2) or more sleeping rooms s��ll be so �rrdnged t[ldt access to � bdti�room, sno�rer room, or water closet comp�rtment intended �ar use by occupants of more t��an one �lj sleeping room can be had only by goin� throug� another sleeping room or outside the structure, nor s��ll room drrangements be suc�n tth�ct �ccess to � sleeping room can be had only by going throug��z another sleeping room, bdthroom, shower room, or wdter close� comp�rtment. 5. No cellar or bdsement spdce s��nall be used ds a h�bitdble room or dwelling unit. Section Z.45 RESPOIVSIB ILYTIES OF OW'NERS A1VI3 QC�UPANTS . __._..�...�. No person shall occupy, or 1et to dnot�er for occup�.ncy, any dwelling, or d�aelling unit for the purpose of livin�; t�ierein, whic� does nvt comply wi�iz the following re�uirements: , 1. Every dwelling unit shall be clean, s�nitdry dnd fit for hutaan n�.bit�tion. 2. Every occupant of d d�elling or dwelling unit sh�ll keep in a cle�n and sanitdry condition that part of ti�e d�rellf.ng, dwelling unit �nd premises t�ereof whic� he occu��.es dnd controls, includi�g y�rds, lawns, courts and drive�aays. 3. Every owner of a building cont�ining three (3) or more dwelling units shall be responsf,ble for maintaining in a clean �.nd sanitary condition t�ne sh�red or public �re�s of the dwelling �nd E premises tlzereof . 4. Exterior premise s sh�ll be kep t f ree fro�n the exce s sive grow�h of weeds, gr�ss and other flor�c. The term '°excessive'' sh�ll be interpreted ds detrimental to tlne �e�lth, s�fety, or welfdre of the occupants or the pubiic. -23- � K . ' • s . � � � . + • r s � ' 1 • �p 5. Every occupdnt of a dwelling unit s�ll keep -dll plumbing fixtures, sanitary fdcilities, �ppliances a�nd equipment therein in a clean and sanitdry condition and snall exercise re�son�ble care in the proper use dnd operdtifln tnereof . 6. Every occup�nt of a dwelling ar dwelling unit shall dispose of rubbish, gdrbage and ot�er waste m�terials in an approved sanitdry manner. Garbage shdll be placed in the gdrbage disposal facilities or storage conta►iners rec�uired in Section 2.01(7) of t�iis ord3.n�cnce. 7. Every occupant of a dwelling containing d single dwelling E unit shall be responsible for the extermination of a�ny insect, E rodents, vermin, or other pests t�ierein or on the premises. Every occupant of a dwelling unit in d building cont�ining more thdn one (1) dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested, except thdt whenever such infest�tion is ca�used by t��e f�ilure of the owner to c�rry out the provisions of this ordindnce, extermindtfon shdll be the responsiblity of the owner. 8. Every owner of a dwelling or dwelling unit sha�ll, before renting or sub-letting to anather occupdnt, provide �pgroved door �nd window screens whenever such screens are requirecl under the provisions of this ordina►nce �►nd sh�ll repdir or replace them when necessary. � 9. Every owner of a dwelling shall gr�de �nd ma�intain the exterior premises so as to prevent the �ccumulation of stagn�nt water there�n. � 10. Animals �nd pets sha�ll not be kept in a.ny dwelling or dwelling unit or on dny prern3.ses in suen � manner a�s to create ins�►nitary conditions or constitute a nuis�nce. w24,w ► � � � . a : � r l � ' r `� Section 2.Ob REt�UIREMEi�TS t�ELATING TO T�-�E SAFE AtVD� SA�IITARY M�,INTEivAi�ICE OF NON-Dk�ELLIivG STRtJCTURES Ai�1D FEi�CE�. Every accessory structure used for non-dwelling purposes sucti ds � g�rage, car port, cdbdnd, sto��ge building, etc., and every fence shdll comply with the following rec�uirements: 1. Every foundata.on, exterfor dnd interior wd1l, roof, floor, ceiling, window and exterior door shall be structurally sound and maintained in good rep�ir. 2. Every a.ccessory structure shdll be kept in a redsonably clean and sanitary condition free from rodents, insects and vermin. 3. The roof of every dccessory structure sl��ll be well drained of r�in water. 4. All exterior suriaces subject to deterior�t3.on slhdll be � properly maintained �nd protected from the elements by paint or ; other �pproved protective co�ting, dpplied in � workm�nlike f�shion. 5, �very plumbing fixture, water pipe, w�ste p�.pe and dra�in sh�ll be ma�int�ined in good sanitdry working condition, free frorn defects, leaks and obstructions. Section 2.07 i'�ININ[tTM STA%�1DAKDS FOR HOTELS �i�1D R�OMIi�1G �IOUSES . No person shall ogerdte � hotel or rooming �ouse, or sh�11 occupy E or let to dnother for occupancy, any �otel unit or rooming unit ' which does not meet with �11 of tize ot;ner standdrds of �h�.s code, ' except as provided by ttne following requirements: ' 1. No person shall operate a hotel or rooming i�ouse unless he has complied with dll of t�e licensing and permit requirements of t�,e City of Mia.aii Bedch. 2, Every room used for sleeping purposes by one person sh�ll contain �t ledst seventy (70) squ�re feet of floor spdce and -25- . • _ • � . • . , � r �� • r every raom occupi,ed far sleeping purposes by more th�n one (1) person shall contdin at le3st n3.nety (90) square feet of floor space for e�.ch oceupa�nt thereof . Every room occupied for sleeping purposes s;nall have a. minimum wa.dtf� of eight (8) feet �.nd an average floor to ceiling height of eight (�� feet. 3. Sepdrate facilities consisting of d wdter close�, a lavatory dnd d bdth or shower shall be provided fvr each notel rO0II1 s 4. 1Vo cell�r or b�.sement spdce snd11 be used ds a habitable room or as a hotel or room�ng unit. S. The operator of every hotel or rooming tzouse sh�ll ch�.nge supplied bed linen and to�wels dt le�st once each week and prior to the letting of any room to any occup�nt. The operator shall be responsible for m�intaining all supplied bedding in a clean and sanit�ry m3gaer. 6. The operator of every hotel or rooming house shall be responsible for the sanitary mainten�nce of �11 �w�lls, floors, ceilings a.nd other parts, dnd he shd11 be further responsible for the sa�nitary maintenance of the ent3.re premises where dll af the building is under t�e control of such oper�.tor. 7. Every windo�a of every i�otel or raorning unit sha�Il be supp lied with sh�des, dra.w drdpes, or other devices or materials which, when properly used, will dfford priv�cy to the occupant of the hotel or rooming unit. _ � A 0 �r'4� .. . 'r"�-. ^ '.'.'. eai `.'��is ►G i - - ^� �.�lri.� � _s. _S� �`:�"�-� -; - _ �•.... ,....� � . . -. - _ ,, ��,��,�e� _ ..--`�- s . . t[� � �_ �ir , . ; E .. �� . ..��r��ii� 8. If one or raore persons occupy one or mare �iotel or rooming units located on �ny floor above the ground floor of any �2�w �`� � • � � � � .l [ � � , r . � •• 1 � ' � • F Sectioa 2, Q8 DESIGIVATION 4F UNFIT DLdELLIi'�GS, HOTELS AI�D ROOMII�G HOUSES, AivD PROCEDURES FQR COiVDEMiVATIOiV AS Ui�1FIT FOR 'rIUMA�T HABITATIDi�. The designdtion of dwellings, dwelling units, hotels and rooming houses �s unfit for human hdbitation dnd the procedure for condemnation dnd placdrding �.s u.nfi,t for human habitation of such unfit dwellings, dwelling units, hotels and roaming houses shall be carried out in complidnce with the following requirements: Any dwelling, dwelling unit, hotel, hotel unit, rooming house or roaming unit w�iich shall be found to h�ve an� of the f ollowing defects, sh�ll be design�ted by the Enforcement Officer �.s unfit for human �abitation and shall be so placarded. 1. One which is so dama�ged, decayed, dildpid�ted, unsanit�ry, unsafe, or vermin a.nfested that it creates d serious ha.za�rd to the �edlt�i or s�fety of the occupants or of the public. 2. One which l�cks illumin��ion, ventila�tion or sanit�tion facilities adequa.te to protect the health or safety of the occup�.nts or of the gublic. 3. One which because of 3.ts general condition or location is unsanitdry, or otherwise dangerous tv the health or safety of the occupants or of the public. Any dwelling, dwelling unit, hotel, hotel un3.t, rooming house or rooming unit declared unfit for hum�n habit�.tion by the Enforcing Agency sh�ll be so designdted b� posting � placard in d consp3.cuvus place on the structure. A dwelling, dweliing �nit, hotel, hc�tel unit, rooming house or rooming unit condemned �nd pldcdrded ds unfit for hum�n hdbitation shall be v�.cated �ithin thirty (30) ddys as ordered by the Enforcing ,Agenc� �nd shall. not be used for hu�n habitation _2�_ • i� � , � � • : � � w � �t agdin until written a�pprovdl i.s secured from, a.nd the placdrd removed by the Enforcfng Agency. The Enforcing Agency shall order the removal of �he pl�cdrd whenever the defect or defects upon which the condemndtion dnd plac�.rding actions were based, have been el�.min�ted. No person shall deface or remove the placard from a�ny dwelling, dwelling unit, hotel, hotel unit, rooming %ouse or rooming unit which has been condemned as unfit for human h�bit�tion �.nd placarded as such, except as provided in the foregoing subsection. An� person whose property has been pldcarded as unfit for hum�n h�bitation may request and sha.11 be gr�nted � hearing on the matter before the Minunum Housing Appeals Board of the City of � I�Iiami Be�ch, Where the Enforcemen� Offi.cer determines that a building is an unsa€e building within the provisions of Section 242 of the South Florida Building Code, he shdil immediat�ly report the matter t o the Building Of f icial . A,RTICLE I II � 5ectio�i 3.01 JUDICIA� 12�VIE�n�. Any person or persons, ` � �� ° tion taken or fin�l � � ointly or severally, aggrieved by any final ac decision rendered pursuant to tl�e provisions of this ordinance, mdy seek to have such action or decisions reviewed by the Circuit Court of D�de County by petition for certiordr� in the mdnner prescribed by the rules of court, provided such gerson or persons shdll have first exhdusted the ddministrative remedies provided f or herein. -29- . < <, . � : : ' •' . , Se�tion 3.U2 SEVERABILITY CLAUSE. If any section, r �� , �r ' � sub-section, sentence, cl�use or provisions of this ordinance shall be held invdlid for �ny reason �hdtsoever, such invali.dity shall not affect the rem�►ini.ng portions of this ordinance, which shall zemain i.n full force and effect. It is intended dnd declared tha►t the provisions of this ordinance shall be deemed and construed t o be severable. Section 3.03. REPEAL CL�iJSE. This ordina�nce is intended dnd shall be construed as consti�uting minimum standdrds for the City of Miami Be�ch in respect to miniinum housing standards. To the extent of the minimum housing sta�ndards herein p�ovided, �11 ordindnces, in conflict with or inconsistent with the mi.nimum housing st�ndards herein established �re here�b� repe�led and superseded. Sectinn 3.04 EFFECTIVE iATE. The �ealth a�nd welf�re of the City being in peril, �he three reddings of this ordinance sh�ll be had in one session dnd the City Council finding th�t this ordin�nce is necessary for the immecii�te protection of its citizens, it shall therefore go into effe�t immedi�tely upan i�s p�ss�ge. PASSED AI�D �DOPTED Tt�IS 2nd Attest: 7� C�ty +Clerk lst reading - March 2, 1966 2nd reading - March 2, 1966 3rd reading - March 2, 1966 POSTED - March 2, 1966 d�y of March , 1966. . t� i�yor � - - _. _ . .. �. ._ . -30- y "� � . fti � AjYf' ., �r d � *% �, +.: � '�.. ,�a 3. -.�''�t'�; a K't �F'' ^sC*.�t r .�.. Y', .. ' � .. . . . � � . � � . r ."' ` �.- x ' t+ �°'�a-, � .�� ti ,� e.`�y, a. � �, � G � �'r� i c�7 � �'� p� e.. ,�./y��.y,�.� � ty:' *v " �M,�'{ �a v"a,°A, � .., qw,. . . . � � . . p� . . 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' z � ��_,� .� �_ ...,.._;2" ` t: :>.•_ . ,t, .�; . ' .'-�'�".i` �i!