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Ordinance 1582� T � f t � � � Y � • �, ` } r e t y t � ♦ / 'C � T f i t � �� _ " - ORDINA�ICE 1�0. 1582 � CITY oF MIAMI BEACH, FL�ORIDA .....r.�.�..rMw� - MINIMUM HOUSI�IG STAi+1DARDS ORDINANCE �[ • .� t� � � � H ��1 0"i�DIi�TA1�10E T4 B� 1K��0��t �S `TIiE CITY OF MI�II ��AC�-I, FLORID�, MIi�IMUM �OU5I1�� STA%1�,A��7 OILtJII��Z�1�+�+ 9 �'ROVIDING t�CITATIO�VS OF I.EGI�LI�TIVE AU`T�IO�IiY $ PROVIDII�G S1�OR'� TIT�E; MAKII�G :�EGISI�TIVE FIi�II�INGS �ND DECLARING i.�GIS�PiTI�E It11TE1VT; PROVITiIi�iG F41� CONSTi�UCTION A1�1D �PPLICA.BILITY OF OJtDIiVA1�1C� 9 PRESE�t�Ii�G EXISTING R�M�DIES 9 P�OVIDING �JSFIN=TIONS; E ST�,BLISHING MIyIMUNi �IOUSIIVG �.1�1FORCr�E�1T OFFiCE� �.1�1D P�i�SCt�IBII�G HI i DUTIE� y P�tO�IIDIYG FO�t IDEiVTIFICATI�i1 OF �IOUSING OFF'ICIALS � pR��C�IBI�UG PROCEDtT�t�S FOR Ii�ISP��TI01�S, NOTIC� OF VIOLt�TI�i�S �t�1I3 FI�YAi O�DEK�; PROVII3I��1G FflR �ECORI��TI�N OF FIi�Ai� ORDER� 9 PRtJVI�ING F0�2 4BTAININ� COPIES OF KECQRDS; PROVIDIi�TG �MEDI�S F�OR ENFO�.CEME��9 GItA��1TIi�G PO��i�� TO �iCT IIV 1:.�IERGEi�CIES; FR�►�iDIiVG FOR ,ADiKIi�ISTRATIVE �P•PPE�iS; ES"T�iBLIS�IING MINIMUNI i�0USI1�1G APPEALS BOA�D ��.��D P�S�RIBING ITS I3UTIE� 9 P��S�KIBING MINI�ItJNI �OUSIi�TG ST�IvBAi�D:� A� `TO ��IC EC�UIPMENT, FACI�ITI�S, 'LIG��'� AI�D V�I�ITILATIDN, SAF�TY AivD 5Ai�tIT��Y �ASU�S, �P�CE, U�E Ai�B LOC�TION 1�EQUI�2EMEt�ITS , �it� �:SPOi�SIBILITIE� OF Oj.n�1VEK� �1�1D OCCUPAiv`�S 9 PRE�CKIBIN� i�I�VIMUM ST�iVD,��ZDS FOk �IOT,�LS A1riD �tO��It�G �-�tJUSES; P��RIBIiVG F0� DESIu�1ATI0�1 OF iJ�iFIT D�f��i.i�ING�, ��OVIDING F�i� JU�ICIAL R1�VIE�; P�OVI�Ii�G �EV�:�ABI�ITY CL�rUSE, REP��►� CLAU�� , Ii�iCLU�I01'� I��i COD� , Ai�D EFFECTIV�. D�TE. ., _ , —1— � P f" • ,► � i r 1 : t f , , .► � ? ' � � r �� r � t' i. � . , r K ` �� i � ' . � • ' , L � t �{ � ! � � CITY OF MIAMI BEACH MININIUM i�0US�1vG STANDAR�'rS ORDIiv�NCE ARTICLE I 5ection 1.Q1 Section 1.02 Section 1.03 Section I.04 Section 1.05 Section 1.4b Section 1.07 Section 1.08 Section 1.09 Section 1,10 Section 1.11 Sec�i.on 1.12 Section 1.13 Section 1.14 Section 1.1.5 Section 1.16 Section 1.17 I�DEX TO O�tUIi��,NCE c , 4 � ' t v ., 1 � . T ` V n i � � 1 � I, i.r Pages Short Title 1 Legislat3.ve Findings 1 Legislative Intent 2 Construction and �pplicability 2-3 Existing �emedies Preserved 3-4 Definitions 4-7 i�iin�.mum t�o�.si.ng Enforcement Of f icer 7-� Duties and Powers of i�iinimum Housing Enforcement Off�.cer �S-9 Iden�ifica.tion of Minimum t�ousing Enforcement Officer 9-10 inspectian of Dwellings 10-11 i�otice of Violations 11-12 Final Order 12 Records dnd Sedrehes 12 l�emedies for Enforcement 12-13 Power to Act in Emergencies 13 Appeals from Actions or Decisions of Minimum ��ousing Enforcement Officer 13-14 Minimuna �iousing Appe�ls Bo�rd 14-�17 , • • L , T � i ' ,. � r � �� ,1 i 1 = � t ` � 7 A � ` � ' � • A j T t � � ARTICLE ZI Sectfon 2.Q1 Sec�ion 2�02 Section 2.03 Section 2.04 Section 2.05 Section 2.Ob Section 2.07 5ection 2.08 ARTICLE III Section 3.41 Section 3.02 Section 3.�3 Section 3.04 � f S i t f ' ` .� r �`` r � �' � .� r � �•• Pa es �inimum Stand�rds for l3dsic Equipment �nd Fdcilities 17-1� Minimum Standdrds for Light and Ve�.tilation 19-20 �equirements R,elating to the Sa.fe and Sdnit�ry Maintenance of Dwellings and Dwel�.i.ng Units 21-22 Miniarum Sp�ce, Use dnd Loc�.tion Requirements 22-23 Responsibil�ties of Owners �tzd Occup�in�s 23-24 Requirements Rel�ting to the Safe �nd Sanitary i�dintendnce of Non-Dwelling Structures and Fences 25 Min3.mum St�nd�.rds for �iote�s dnd �ooming �IQuses 25-27 Desi�nation of Unfit IIwellings, �iotels �►nd Rooming ��ous�s, dnd Proce�lures for Condewn�tion as Unfi� for :-ii�un�n Habit�tion 28-29 Judicidl �evie�w 29 Sever�bility Cl�use 30 Repeal Cl�use 34 Effective Date 3�1 . � ' , � ` , t � � 1 ' C 1 � �. � r � ' ' . �� i � �' • , ��i ,i• • i � v � t � � T r ! f Y . . T• t Z � (3 • f • i CITY OF MIAMI BEACH MINIMUM �IOUSI�G STAI�IDARDS ORDIivAi�tCE BE IT ORDAINED BY Tt�E CITY COUNCIL �F THE CITY OF M?.A1�tI BEACH, FLORIDA: ARTICLE I Section 1.41 SHORT TITLE. This ordindnce shall be known a�nd m�y be cited �.s the "City of Miami Be�.ch �iinimum Housing Standards ordinanceo'. Section 1.02 LEGISLATIVE FINDIi�TGS. The City Council hereby finds and decl�res �h�t there presentl� exist in Miami Beach, Florida, structures used for hum�n habitati.on, whi�h are, or u�y become 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 hazards, lack of proper ventildtion for heating �nd c ooling, ins�.nit�ry conditions, and overcrowding, cons�i�ute a mendce to the health, safety, morals, welfare, and reasondble comfort of the citizens dnd visitors of this metropolit�n �rea. It is further found and decl�red that the existenee of such c onditions, factors, or characteristics9 if not remedied, will cre�.te slum dreas requiring large sca�le clea�rance, �nd further that, in the absence of corrective me�sures, such areas will experience � deterioration of social v�lues, a curta�ilment of investment �nd tax revenues, dnd impa�irznent of economic values. It is further found and decla�red th�t the establ3.shment and maintenance of minimum housing sta�ndards �re essenti�.l to the prevention of blight and decay, and the s�.feguarding �f public health, sdfety, mor�.ls and welfare. � � � , , • , a 1 ' { � r � i �. . ! ) l� Y � ��; ` � , . , t � ' � r t c ,^ r T ' , �� • I ' � I � ) f r , . . i � � r Section 1.03 LEGISLATIVE IVTEI�IT. The a.nte�t �nd purpose of this ardinance is to protec� the public he�lth, s�fety, m orals and welfdre of all th.e people of Miami Beach, Florid�, by establishing minimum standards governing the condition, occupancy, a nd maintenance of dwellings, dwelling units, rooming houses, rooming units and premises establi�shing minimum standards governing utilities, facilities, and other physical coinponents and conditions e ssential to make dwellings, dwelling units, rooming houses, raoming units, and premises safe, sa�nitary, and fit for human habitation; fixing certdin respoasibilities and duties of owners, operators, agents, and occupants of dwellings, �nd dwelling units, roorning houses, and roorning units; authorizing �nd establish�ng pro�edures for the inspection of dwellings, dwelling units, rooming houses, and rooming units, and the condemnation �nd vacation of those dwelli.ngs, dweiling units, rooming houses, �nd rooming units unfit for human habitation; and fixi.ng pen3lties for the viol�tions of the provisfons of this ordinance. This ordinance is hereby decldred to be remedial and essentidl to the publi.c interest, and it is intended that this ordin�nce be liber�lly construed to effec- tudte the purposes as stdted �bove. Section 1.44 CONSTRUCTION AI�D AFPLICABILITY. The provisions of this ordin�nce sh�.11 be applicable as �x mini.�rnum st�nda�rd in Miami Beach, Florida. Every portion of �. building or p remises used or intended to be used for an� dwelling purpose, except temporary housing in times of loc�l emergency, disaster or necessity, sha11 comply with the provisions of this ordinance, irrespect3.ve of when such building shall have been constructed, �►ltered or repaired; and irrespective of dny permi�s or licenses which sh�ll have been issued for �he use or occup�ncy of the _2_ , � �, , r .'. ��, , ' ' . � t�� i ' � , t .I [ , t t r � . � i x r , , � � � . ' c r � � . �. ' , � i building or premises, for the construction or rep�ir of the building, or for the inst�ll�tion or repdi.r of ec�uipment or fdcilities, prior to the effective d�te of this ordin�nce. This This ordinance is intended a►nd shall be construed �.s establishing miniaaum stand�rds for the initial and cont3.nued occupancy of dll buildings. It is not intended to repl�ce, modify, supersede or d iminish the st�ndards est�.blished for the construction, repair, dlteration or use of buildings, equipment or fa�cilities by the South Flor3.da Bui.lding Code. In any case where any pro�ision of this ordin�nce is found to b e in conflict with a materidl �nd controlling provision of �oning regul�tions, the South Florida Building Code, or any other t11ttII1.C��3d1 ordin�nce, code or regulation, or any rules or regulations of the Florida State Board of Hedlth, the provision which establishes the highest sta�nddrd shall prevail. All munic3.pa1, depdrtments, offici�ls �nd etnployees who have the duty, responsibility ox �.uthorit� to issue permits or licenses in r egard to the use �nd occupdncy of d�aellings, dwelling units, rooming houses, or rooming units, ar sim3.ldr f�cilities, shall conform to the provisions of this ordin�.nce, ds �. minimum stand.ard. It shall be the dut� dnd responsibility of municipal dep�rtments, officials and employees to enfvrce the minimucn standards prescribed by the grovisions of this ord�n�nce. Section 1.05 EXISTING RE��IEDIES PT�ESERVED. Ivothing i� tnis ordin�nce s�a�ll be deemed to dbolis�z or impair �ny existing remedies relating to tc�e removal or demolition of �.ny buildings whicn �re deemed to be dangerous, unsafe or insani.tary. T�is ordindnce shall no� affect viola�tions of �ny other municipal ordindnce, cade or regula►tions exis�ing prior to t�e effective date of this ordinance, �nd sucti viol�tfons s�iall be governed �nd si�a�ll -3- t � T � , � � � � . t `� . � ' 3 ■ i � T , � � � 1 , I ' y � f T r � S •r T ' ' � . I 7 � . ! . t 7 J . � • 4 i , , continue to be punisi�ed to t�1e full extent of t�ie l�w under t�ie provisions of those ordin,�nces, codes or regulations in effect at t�e time t�e violation was can�aitted. SECTI�i�i 1.06 DEFII�TITIQNS. In construing t��e provisions of t�is ordi.na.nce, w;nere the context will permit and no definition �s provided herein, t�ze definitions provided in C�'apter 4 of t�ze Sout% Florida Buildfng Code stz�ll dpply. The follo�wing words �nd phrdse� when used in ti�is ordindnce s�all hdve the me�anings ascribed to them in this section: 1. APPROVED s�iall mean apgroved by tC�e t�e�d of t�e enforce- ment dgency or nis �uthorized representatives. 2. CELLAIt: Th�t portion of a bui.lding between floor and ceiling whic�i is wholly or partly below gra�de dnd so located that the vertical distance from grade to floor belvw is equal to or greater tizan the vertical distdnce from grade to ceiling. 3. DWELLIT�TG, �It1LTIPLE-FAMILY: A dwelling designed for occupancy otherwise ti�dn as a one-f�mily d�elling, or � two-fdmily dwelling. Tlze term "Multiple Dwelling" si1a11 be understood to include �partment houses, bunga�low courts, and �.11 ot�ier f�unily dwellings of simildr eharacter, but not to include hotels or apdrtment hotels. 4. DWE�.LII�TG , T'��0-FA,NiILY : A detached building, divided horizontally or verti.ca�lly �nd desig�ed for or occupied by two single-famil� ilousekeeping units; contdined entirely under one roof a�nd �idving orie dividing pdrtition coagnon to each unit or h�ving t�e ceil3.ng structure of the lower unit t�e floor structure of t�e unit above . -4 - , r . ` . , • . � S' • � � ' ' , i � i ' ♦ I � ��,• 1 � 1 I r ' 1 1 i 1 � �. 1 1 � � . 1 ♦ � 1 � � t � � 5. DWELLIt�IG, �I11EG�E�FAMILY : A detaci�ed buildir�g designed for or occupied exclusively by one family. 6. E1�iFO1tCItVG AGEi�CY shall meaa the Chief Bui.lding Inspector of the City of Miami Be�cn, Florida. 7. Ei�iFQRCIIYG OFFICER shdll m�ean �ny empioyee of the enforcing agency char�ed with the responsibility of m�king inspections of buildings and premises �nd issuing violxtion notices wnen necessdry. The teran sh�ll be synonymaus wit� Inspecting Of f icer. �. GA�3AGE s�all medn trie dnimal a�nd veget�ble wdste resulting from tl�e hdndling, prepar�,tion, cooking and consu�aption of food. 9. HABITABLE AREA sha�ll taean two (2) or more habitable rooms. � 10. HABITABLE ROOM slidll m�an a room or enclosed f loor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, shower roams, water closet comp�►rtments, laundries, pantries, foyera, connecting corridors, close�s dnd storage spdces. ... 11. HEAD �F E�TF0I�CEME►VT AGENCY s�all Iuean the Chief Building inspector of tlle City of Miaani Bedch, Florid�. 12. �OrTEL: A building or premi�es where ladging accomaaodd- tions of more th�n five (5) rooms are pro�rided. Motels shdll be included in �his cdtegory. . • 13. HOTEL U�1IT sl�all mean any room or group of botel rooms forming a single hdbirdble unit used or intended to be used for living and sleeging�► l�otel units shall be �'t�cludad in �tilis category: ' ' ' � -5- •� . f , � f � � `� . �, , i 1 � � " � . � I � 1 � �y i . T � � . • � l . � � • t 7 7 -� . �. ' l� 14. II�IFESTATiOi�T stz�ll mean the presence of any insects, rodents, verrnin, or oti�er pests. 15. INSPECTii�IG OFFICEK s��ll be synonymous witt� the teraa Enforcing Officer as greviously defined. 16. OCCUPA%IT shall medn dny person over one tl) yea�r of age living, sleeping, cooking, edting in, or having actu�l possession of � dwelling, dwellin� unit, �otel unit, or rooming unit. 17. OPERATOR shall medn �ny person who �ds ch�rge, care, or control of d building, or pa�rt thereof, in w�icn dwelling units, �otel units, rooming units, or motel ur�its are let. 18. O�WNER shall mean a,ny person, €irm, corpord�ion or other le�al entity, who individually or j ointly or severdl2� wit�n ot'�ers, �.olds the lega�l or beneficial title to any dwelling, dwelling unit, rooming house, rooming wn£t, fdcilities, equipment o r premises subject to the provisions of t�is ordin�nce. The term shall include the owner's d�ly dut�ioriaed agent, d purchaser, devisee, fiduciary, property holder or dny o�her person, firm, corporation or legal entit� hdving � vested or contingent interest, or in t�ie case of leased premises the legal �older of the ledse, or his legal representative. It is intended that tizis teraa shall be constru�ed �s �►pplic�bl� to t�e person, f irm, corpordtion or legal entity responsible for the construction, maintenance �nd operation of the building, f�cil3.ties or premises involved. 19. PREMISES s��ll me:�n dny occupied or unoccupied building, accessory s�ructure, lot, parcel of la�nd, or �ny part thereof, used or intended to be used for residenti�l purposes. 1 • � Y , ■ ' ' � y � � t ,� � 1 � ' i 1 � � , � , � ! . 1 � 1 . 1 t a l • . f } , 1 � 20. ROOMING �USE OR L4DGINGi�OUSE sgzall mean any buil.d3.nS containing less than ten (10� rooms intended or desi,gned to be used or whic�� dre used, rented or �ired out or which are occupied for sleeping purposes by two or more paying guests. 2I. ROOMIriG U�1IT s�i�.11 mean �ny room or group of rooms, fornaing a single habitable unit, used or intended to be used for Iiving and sleeping� ' 22. RUBBISj�i shall mean all combustible �nd non-combustible waste materials except garb�ge. T�i�e term sh�ll include residue from the burning of wood, coal, coke, �nd other combustible m.aterials, pager, ra�s, cartons, boxes, wood, excelsior, rubber, leather, tree brdnches, y�rd trim�n3.ngs, tin cans, metal, minera�l �tter, glass and crockery. 23. SUPPLIED shall Ynean pdid fo�, furnished, or provided by or under control of the owner or operdtor. 24. TEMPORAKY �IOUSIt�G s�dll mean dny tent, trailer, or other structure used for �iuman shelter which is designed to be tr�nsportable and whic�i is not attached to t"t1e ground, to r�nother atructure, or in a germanent manner to dny utflities system. � 25. MEANING OF CERTAIi� WORDS -�'henever the words "dwelling�' , "dwelling unit", "hotel", "hotel unit", "roo�aing house", "rooming unit" and "premises" are used fn this ordinxnce, they shall be construed as though they were followed by the words "or dny part thereof ' . Section 1.07 MIIVIMUM H�USIi�G E�r1FORCEMENT OFFICER. The office and position of Mfnitnum %iousing �nforcement 4fficer is � �, ,• � . � � �� , I � � � f� � ! f r l . . � , , � 3 • � � ' S . C • L t nereby designated to be the Chief Building Inspector. T%e City M�nager shall agpoint such assistants to the Chief Building Inspector as may be necessar� in order that his duties may be properly performed, subject to bud.get Iimit�tions. The organi- zation dnd administrative operating procedures of such city office dnd its relationship and coordindtion wit� ot�er a�dministr�tive departments, agencies, offici�ls dnd employ�es of the City Government shall be estdblisized ax�d placed in effect, from time to time, by a�dininis trative order of the City Manager. Section 1.08 DUTIES �iVD POWE�S OF MII�IMUM HOUSIivG ENF0I�CEMENT t}FFICEk. The duties, functions, powers and responsi- bilities of ti�e Minimum �3ousing Enforcement Offieer shall include the f ollowing : 1. The enforcement of t�ne provisions of this ordin�nce dnd rules and regulations promulgated izereunder, �nd a11 city ordindnces, codes, rules �nd �egulations pertdining to housing and the use a�nd occupancy of dwellings, and all rules and reguldtians of the Florida State Boa�rd of Health �nd the Floridd Hotel and Restdurant Comtuission, in cooperdtion with such st�te dgencies. 2. Investigate complaints, make d �ontinuing study of all housing facilities in the city; inst�.tute actions necessary to abate violations of �.11 city �nd st;�te reguldtions governing the use and o�cupdncy of hous3.ng f�cilities, �nd prosecute proceedings for violati.ons of this ordinance. ' 3. Make appropri�te surveys and inspections to determine ; � whether the provisions of this ordindnce are being complied witi�, and whether minimum housing st�nd�rds dre being m�intained. 4. M�ke �nspections of housing prem�ses, facilities and eQuig�nent in accord�:nce wit� procedures prescribed by th�,s -8- � , � ,� � � �� 1� � 1 T t I . � � ' . � � � ' 1 � � , . � , , t , � � t . . ( �' \: � l ordinance to determine whettler the provisions of this ordinance are being complied with, dnd m�ke recommenddtions for methods by which minimum housing stdnddrds mdy be cnore effectively maintdined. 5. Render dll possible assistdnce �nd technical advice to persons operating �nd m�intdining housing fdcilities, premises �nd equipment. 6. Establis�n, operdte and m�int�in � continuous prograum for monitorfng �►nd inspection of �ousing facilities in �he City of Miami Beach, Floridd, designed to provide accurdte data and inform�tion as to whetner the minimum standards established by this ordinance �re being complied wit� and whether the level of adequ�te housing facilities is increasing ar deczeasing in the City of iKi�mi Be�►ch, Florid�. 7. Publish and di.sseminate information to t�ie public concerning ali m�tters relating to minimum housing stdnddrds dnd the advantages of adequate housing facilities, 8. Render all possible dssistance and cooperation to Federa�l, State dnd local ��encies dnd officials in the accomplishment of effective minimum housing stdnddrds and controls. 9. Make periodic reports concerning t;ne status of mininaum housing standards and the enforcement of tbe provisions of this ordindnce, and recommenddtions concerning the improvement of minimum housing standards and contrnls. 10. Perform such other administrative duties as may be assigned by the City M�ndger. Section �..49 IDE��ITIFICATION OF MIIVIM[UM ]H4USING ENFORCEME1vT OFFICER. The Minimum Housing Enforcement Officer and all �ssista�nts shall be furnished with official identifica�tion c�rds signed by -9- � , � , , , ,, , � �� , , � . . _ � ► , , , , '. . , . � '� � � .,' � � - � t: , , the Chief Building - iuspec�tor,,�- �a�ich i�cientif�cat� cards �hall conta�in the na�e of tne officer, %is p�otograph? and pertinent descriptive identifying information, �nd such other matters designed to fdcilit�te recognition by the public of the stdtus of such offieial. ��1pan request, the Minimum �ousing Enforcement Officer and dssistants shall ex�iibit such identification when entering any �iwelling� dwelling uni.t, rooming house, rooming unit, or premises. The requirements of this sectaton �hall not in �nywise be construed as relieving the i�inimum Hous�.ng Enforce�ent Of f icez or �ass3,stants from campliance with the pxocedures prescribed in this ordin�nce for making inspections. Section 1.10 I1�ISPECTIOI�i aF DWELI.INGS. The enforcing agency is �ereby authorized and directed to make 3.nspections after written notice by the Chi�f Building Inspector, setting forth the ti�ne and date inspectivn �,s to be made to determine the condition of dweilings, dwelling units, hote].s� rooming houses, and premises. For the puxpose of making suct� inspeGtions the inspecting officers of the enforcing agency are hereby authorized to enter, exdmine, dnd survey between the hours of 9:00 A.M� �nd 5;00 P.M. all dwellings, dwelling units, hotels, hote�, uni�s, raoming houses, rooming units or any other structure or p remi�es. The owner, operator or occupant of every dwelling, dwelling un3.t, hotel dnd room�,ng house, or the p erson in charge thereo�, shall give the inspecting officer free access at all re�son�ble t3.mes for the pur.pose of such inspe�tion, examination and sux�vey, and sha11 supply 3s correctly �nd promptly �s possibl.e all i.nform�.tion zequested by the inspecting officer. Every occupant of � dwelling, dwelling unit� hotel unit a�nd roaming unit shall g�.ve the owner �hereof, or hi� dgent or -10- � • � � 1 � � � � . � � � � � � � i l �r� r . � � f 1 1 t � • 7 � . i � ` � ' ` i 1 .. 1 i � � � . - x, r � employee, access to any part of such bufldi�.n�g or its premises at dll reasonable times for the p�.rpose of making such repairs or altera�tions as are necessary to effect compliance with the provisions of this Ordinance or with a.ny rule, regul�tion, or lawful order issued pursuant to the provisions of this Ordinance. Failure to permit dn inspection to be made in compliance with the provisfons of this section shall constitute a vialation of this ordinance d.nd shall sub ject the violator to the pen�.I.t3.es prescribed herein. Section 1.11 iv4TICE OF VIOLATIONS. Wl�enever the �ii.nimum Housing Enforcement Officer finds and determines that there has been a violation of the mina.mum housing st�nddrds established by this ordinance, he shd].l. give notice of such violation to the person or persons respons3.ble �or such violdtio�. Such notice shall be in writing and in the form approved by the Chief Building Inspector and shdll specify the violation �nd shall provide a reasondble tune for compli�nce, and shall be served upon the person or persons responsible for the violati.on. Such notice shall be deemed to be properiy serv�d and binding upon the person or persons responsible for the viol�tion ar.nd upon the facilities ar premises �avolved if a copy is served personally or served by certified mail, or if �fter d3.ligent search �nd inquiry the person or persons responsible for the viol�tion cannot be faund or served by person�.l service or certified mail, � copy of the notice is posted in a conspicuous place on the facilities or premi�es involved. Such notice shall specify �hdt the vial�tion must be corrected or d building permit for the work required to correct the violation must be obtained from the Miami Bedch Building �nd Zoning Department -11- ,� �' � � � , • � �r� � � r ' -. , i . . � Y ' ` � , � � ` • � � , , , f ' , . - . a i I � t i . 1. • ll � within the time specified in the notice and thdt ffnal compl.iance mus� conform to the requirements of the South Florida Building Code, the Zoning Ordinance, and any other dpplica�ble ordinances af the City of Miami Beach, Florida. Such �otice may con�ain �n outline of the remedial action which, if taken, will constitute compliance with the requirements of this ardinance. Such notice shdll .inform the person or persons to whom it is directed of the right to �pply to the �tininnum Housing ,Appedls Board for a hearing dnd review of the matters specified in the notice. SECTION 1.1.2 FIN1�L ORDER. Any notice of viola�tion pXovided for in Section 1.1�. hereof sh�ll �utomat�cally become d fin�l order in the event that no appea�, from the notice of violation is filed with the Minimum Housing Appeals Bo�rd w�,thin thirty (30} days �►fter the date of service of the notice of violdtion. Section 1,13 R�CORDS ��TD SEAR.CHES. All records of the Minimum Hous3.ng Enforcement Officer shall be publ.ic. t�pon reques�, the Minimum Housi�g Enforcement Officer shall be requ3.red to make a search of the records maintained under his supervision and control �nd issue certifi+�a�tes concerning violations and �s to whether the property involved has been inspected dnd whether or not a.ny violations have been found to exist in respect thereto. The Minimum Hausing Enforcement Officer shall have the power and duthority to charge dnd collect xeason�ble fees for m�king such searches and certificdtes. Section 1.14 REMEDIES FOR ENFORCEMEiVT. It shdll be unlawful for an� person �o fail to comply with the minimum housing st�ndards established by this ordinance, or to fail or refuse to -12- � . �. , � , , , , , . . -, , , � ,, � . ,• � �' . , ,. . , . ' . ' '� �� < < .:. .. � , � comply .�aith the requirements of any findl or�.er issued in dccordance with the provisions of this ordinance. If any person shall knowingly fa3.1 or refuse to obey or eomply ;�ith, or wi.11fully violates, any of the provi.sions of this ordindnce, or any lawful findl order issued hereunder, such person, upon conviction of such offense, shall be punished by � fine not to exceed Five Hundred Dollars {$SOU.00), or by �nprisonment not to exceed sixty (60) days in the City Jdil, or both in the discretion of the Court. Each day of continued violatfon shdll be considered ds a separate offense. The provisions of this ordin�nce and final orders is�ued in accordance with the provisions of this ordin�►nce may be enforced b�r manddtory injun�tion, or other appropra.a►te civil �ction. Section 1.15 POWER T� ACT Ii�l EMERGEI�TCIES. Whenever the Minimum Housing Enforcement Officer finds thdt d viol�.tion of the provisions of this ordin�nce exists which requires immediate action to abate d direct �nd continuing hdz�►rd, or immedi�te d�nger to the health, s�fety or welfa�re of the occup�nts or the public, such officer wa.th the dpprova�l o� the City Mandger may, without prior notice, issue an order citing the viol�tion and directing that such act�.or� be taken a� m3y be necessary to remove or ��te the ha2drd or danger. ivot�a3.thstanding �ny other provision of this ordinance, such emergency order shdll be e�fective �.mmediately upon service and shall be complied with inunediatel�, or �s otherwf se provided. Section 1. i6 A�'PEALa FROt� ACTi�i�1S OR DECISIOIVS OF MINIMUM HOUSING ENFORCEMENT QFFICER. Any person dggrieved by any �ction or decision of the 1�Iinim�m Housing Enforcement Officer may dppe�l to the Minimum Housing, ,�ppe�ls Bo�rd b� filing with the Boa�rd, -�,3_ . } , i � • � i ' � t � � � � � : ' i r � � � . t � . ' ° i , . t � �� `■ � � ' � : � ' � . � � � , i within f if teen (15 } days di ter the da�te of the action or deci sion compl�ined of, a� written no�ice of dppeal which shall set forth conc3.sely the action or decision �ppealed from and the redsons or grounds for the appeal. Z`he Board shall set such appeal for he�ring dt the earliest possible date, �nd cause notice ther�of to be given to the �.ppelldnt a.nd the Nii.nimum �Iousing Enforcement Officer. The Board shdll hear and consider all fdcts m�ter3.d1 to the appedl and render �. decision promptly. The Board tnay affirm, reverse or modify the a�tion or decision appealed from, provided th�t the Board shall not t�ce any �ction which conflicts or nullifies dny of the provisions of this ordindnce. The decision of the Board shall be final, dnd no rehe�ring or reconsideration shall be considered. Any person dggrieved by �ny decision of the Board on an dppeal sh�ll be entitled to dpply to the Circuit Court for a review thereof by writ af certiorari in accord�nce with the applic�.ble Court Rules. Section 1.17 i�IVIMUI�i HOUSING APPEALS BOARD. The City of Mi�mi Be�ch l�inimum Housing Appeals Board is hereby crea�ted and established. The Board sh�ll consist of seven (7) members appoa,nted by the City Council. 1. Qt1ALIFICATI0i�1S OF MEMBERS , Mecnbers of the Board shall be permdnent residents a�d freeholder electors of IKiami Beach, Florida, who possess outstanding reputations for civic pride, interest, integrity, responsibility, �nd business or professional ability. Appointments shdll be made by the City Council on the basis of e xperience or interest in the field of building dnd housing. The composition �.nd representative me�bership of the Boa�rd shall be as fol.lows: an architect, a► build�ng contractor, dn �ttorney �t ldw, , . � . � � �' . ti � � � i {I' i- 5. � t � , . r _ , � . � � , � ., � . � . l � . � . � ' � d redl estate appraiser, a mortgage broker, �. redl estate groperty � manager, and a citizen with experience dnd backgro�und in the field of soci�l problems. 2. TERMS OF OFFICE. In order th�t the terms of office of a 11 members of the Board sh�ll not expire at the same time, the initial appointments to the Board shall be as follows: 'I�wo members shall be appointed for the terzn of one year; two members shdll be appointed for the term of t�ao ye�rs; and three members shdll be dppointed for the terna of three ye�.rs. There�.fter all appointments sha11 be for the term of three yedrs. Appointments to fill �ny vacancy on the Board sh�ll be fvr the remainder of the unexpired term. 3. OtZGAt�IZATION OF THE BOARD. The members of the Boaxd shall elect a ch�irm�n and such other officers as may be deemed necessary or desir�ble, who shall serve at the wili of the Bo�rd. Four members of the Board sha�ll constitute a quorum necessdry to hold a meeting or t�ke any dction-. A raajority vote of the entire membership shall be necessary to overrule dny action or decision o f the iKi.nimum Housing Enf orcement Of f ice r or to gr�nt an exten s ion of ti�c►e for compliance with the provisions of this ordinance. A maj ority vote of those present dt a duly constituted meeting sh�ll be sufficient for an� other actions. i�iembers sh�11 serve without c ompensation, but shall be entitled to be reimbursed for necessary expenses incurred in the per€orm�nce of their offici�l duties, upon approval by the City Council. The chairman ma� call meetings of the Board, dnd meetings may be c�lled by written notice signed b y three (3) members of the Board.� M3.nut�s sha►11 be kept of all meetings of the Board. All meetings shdll be public. 2he City Mdnager shall provide adequ�te anci competent clericdl dnd -15- s , � � , � ,,, L �,• , , � � � �• � ' � , ' i � . i � � � , , ' . , ' . i. � l , f � s �dministrative personnel, and such technical or sci.entific personnel as mdy be reason�bly requirec� by the Board for the proper performance of its duties, subject to budget limitations. The Cit� Manager sh�ll provide a reguldr meetfng pla�ce for the Board. 4. DUTIES A1VD Pt}t�ERS OF T�E BQARD. The Board shdll hdve the following duties, functions, powers and responsibilities: A. Hear and determine appeals from dctions and decisions of the I�tiniinum Housing Enf orcement Of f icer in accordance with the provisions of Section 1.16. B. The Board shall h�ve the power dnd �uthority ta hedr and pass upon all applic�►tions for extension of time for compliance with the provisions of this ordindnce, and notices issued by the Minimum Housing Enfo�cement Officer. �pplications f or extension of time for compliance shdll be considered a�nd determined on the bdsis of the public interest dnd welfare dnd not merely on economic benefit to the �pplic�.nt; �.pplic�ti.ons sh�ll be granted only when it is established tha�t the requested extension of time for compli�nce will not be detrimental �o the occupants or to the public health, s�fety, dnd welfare. �. The Soard sha�11 hdve the power �nd authority to he�.r and pass upon appl3.cdtions for v�riances or waivers o� the provisions of this ordinance. Such �pplica�tfons shali be granted only in instdnces where the deviations from the minimum housing standards herein provided �re of a minor ch�racter, �►nd it appears that substantial compliance with the m�.nimum housing standards has been mdde by the dpplicant, and that the granting of a variance o� wdiver would not be detriment�l to the occupants or to the public health, sdfety dnd welf�re. �f � . . , . , , � , : � � t � � � ' ,� . � � � , . • . . ' .� � + � � 4 � f• �1 . 1 , � � � [ � � � � t � y D. To adopt, revise and �mend from time to ti.me appropriate rules and regulations reasonably necessdr� for the � implementation, effective enforcem�ent, a�dministration, and interpretation of the provisions of this ordinance and the minimum housing standards prescribed herein, dnd to provide for the effective �nd continuing establishment �nd enforcement of reasonable minimum housing stand�rds within the fr�nework of this ordinance. k �Vo such rules and regulations shall be adopted or become effective (including amendments) until after d public hedring h�s been held b�r the Board pursuant to notice published at least ten (141 days prior to the �yearing, and until such rules �nd regulations hdve been dpproved by the City Council. �]hen approved by �he City Council, such rules dnd �reguldtions shall have the force and effect of law. E. To n��Ce continuing studies an.d periodic reports and reco�aendations for the improvement of minimum housing standards for the City of Miami Beach dnd to work in cooperdtion with dll i Federal, state dnd local agencies interested in minimum housing � standards and the e1�m:tnation of slums dnd blighted areas. To � publicize the impartance of ade.�uate minimum housing st�ndards, to � hold and conduct public hear3.ngs, dis�ussions, fortuns and I institutes, and arrange programs �or the presentation of information by experts in the field of housing dnd slum clearance, a�nd to visit and study housing programs conc�uc�ed ia oth�r inetropolitan dreas. ,ARTICLE II Section 2.01 I�III�IMUM ST�IDARDS FOR BASIC EC�UIPMENT AND FACILITIES. No perso� shall occupy, or let to an�ther far occupancy, any dwelling or dwelling unit, for the gurpose of living, sleeping, -11- � , � �; , k'� � � . l � M (l 1 ' • l � 1 • � � � � . • � � . �.( • � l . � `� � � I cooking, ar edt�.ng �hErein, wh3.ch does not comply� with the f ol,lowing requirement s : 1, Eve�cy dwelling unit �hall contdin �. kitehen sink in good working condition and properiy cannected to an dpgroved w�.ter system and sewer system. 2. Every ctwelling unit sh�11 contdin a room which affords privac�r to a person within said roorra and which is equipped �aith d flush water closet and a lavdtory basin in good �working condition and properly connected to �n �ppraved w�ter s�stem and sewer system. No privy shall be constructed or continued in operation after the ef fective date of thf s ordindnce. 3. Every dwelling un3.t sh�li contdin a room which affords priv�cy to a person withxn said room �rnd which is eq,uipped with a� bath�ub or shower, d ldvatory �nd toilet, in good working cond3.tion and properly connected to an �pproved wdter system�a�nd sewer system. � 4. Ev�ry kitchen sinka �.avatory basin, and bathtub or shower � re�uired under the provisions of thi,s section shall be properly connected with both hot a►nd cold water lines. 5, �very dwelZi.ng shall have water heating facilities which , are properl� installed, ma�intained in s�fe and good workir�g i condition, and properly connected with the hot water lines required under the provisions of Sec�3.on 2.01 (4) of this ordindnce �nd which are capd�le af heating �aater to such a� temperdture a�s to � germit an �.dequate �mount of water to be drawn a�.t every required ' kitchen sink, lavatory basin, bathtub or shower. � 6. Every occup�.ed dwelling unit shdll be providec� with ' properly instdlled cook�.ng f�cilf.ties havix�g at least two (2j top burnQr�. Vacant d�cuelling uni�s sha3.i be prav�.ded with utility connections for such facili�ie�. ' • � , � �.. �. ��, , � . ,�• ` ' .` ' � � . l � � � • � � � . , . .. . � , • , , i 7. Every dwelling unit shall ha�ve adequate garbdge disposdl facilities or garbage storage contdiners. �. Every dwellin� strucCure sh�11 have two �23 safe dnd unobstructed meaxis of egress leading to an open space dt ground level. 9. Every mul�.iple-family dwellinq unit with kitchen faeilities n�ust cQntain a mini�aum og four huadred �400) equar� fee.t of living space. Section 2.02 MI�IIMUM STAi�iDARDS FOFt LIGHT AND VEIVTILATION. No person shall occupy, or let to �nother for occupancy, any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements: 1. Every habitable room sh�ll have �.t least one (1) window or skylight fa�ing directly ico the outdoors. The mini.aium totd� window area which provides light to each habitable room shall be not less than tea percent (10°70) of the floor are� of such room. Whenever exterior wdlls or other light-obstructing structures ar� located less than three t3� feet froa� the window and extend to a level above the ceili.ng of the room, such window shall not be deeaied to face directly to the outdoors �nd shall not be included in the required mi.nimcum total window area. �ihenever the only windaw in a roam is a skylight-type window located in the top of s uch room, the minimum tot�l window are� of such skylight shall be not le s s than ten percent {10%� of the tota�l f loor area of the roaa. 2. Every habitable ro�n sh�ll be ventilated by openable are�s equal to fifty percent �50%) of the required m3.nimum window area, as set forth in Section 2.�2�1), or by equiv�lent mechanical ventilatioa as dpproved by the inspecting officer. -19- r , , � � , , i � > : 1 � /< <� � � � I � , � ' ,� ' , , � � f � { J . � �! , � ! r • � i . � 3. Every bathr�om, shower room a�nd water closet comp�.rtment shall comply with thE light and ventilation requ3.rements for habitable rooms contained in Sectians 2.02 {1) and 2.02 (2), except that no window or sl;,ylig,ht shd11 be required in adequately venti- lated bathrovms, sh�wer rooms �nd water closet compartments equipped with an aFproved mechanical ventil�ting system which automaticdlly beca�les operational when the bathroom switch is turned on. 4, Every door, windo�a or other device opening ta outdoor space and used or intended to b�: used for ventil�tion shall be provided with an approved type of screen for protection against mosquitos, flies �nd other 3.nsects. 5. Every opening bene�th � d�relling, including bdsement or cella.r windows and crawl sp�ace, �hall be equipped with an a�pproved type of screening or ldttice wo�k to keep aut large animals. 6. In a�ll areas where electric power service is avdilable, every h�bitable room shall contain at least twa (�) separ�te and properly inst�lled wall-type electric outlets or one {1) such outlet and one (1) properly installed ceiling-type electric light fixture. Every bathroom, shower room, wa�ter closet compartment and laundry room shall cont�in �t least one (1) properly installed ceiling or wall-t�pe electric light fixture. The switches sh�ll be so located and insta�lleci ds to avoid the d�nger of electricdl shock. 7. Every hall and stairway loc�ted in � structure used for human h�bitation shall be provi,ded w�.th not less than one (1) foot cand],e of natural light throughout or with praperly installed electric lighting facilities which provide not less than one (1) foot candle of illumindCion throughout and which are controllable by the oc�up�nts of the structure and ava�il�►ble �t �11 times. -2�i- r i � • ' � �. ',' t � � � � • ) � � ', � ' � , � � � 1 r � a � ° � , r + t � r � . ' • , . ' , • � � n � Section 2 �3 t�E(�UIREMENTS kELATING TO THE S�.FE AiVD SANITARY MAIi�TE�'�At�CE OF Di�EELLIi�TGS At�1B D4�IELLING U1vITS. No person sha11 occupy, or let to another for occupancy, �r�� dwelling or dwelling unit, for the purpose of living, sleeping, cooki.ng, or eating therein, �ahich does not comply with the following requirements: 1. �P.11 founddtion walls sh�.11 be structurall.y sound, reasonably rodent-»proof, and maintained in good repair. Foundation walls sh�ll be considered to be sound if they �re c�apable of bearing i.mposed loads and dre not deteriorated. 2. Every dwelling unit shdll be reasondbly we�.thertight, watertight and rodentproof. Floors, wdlls, ceilings �nd rovfs shall be capable of dffording �dequdte shelter a�.d privdcy �.nd s��ll be kept in good repair. ��indows and exterior doors shall be reasonably weathertight, w�tertight and rodentproof, and shall be m aintained in goad worki.ng condita.on. A11 pa��rt� of the structure that sho�a evidence of rot or other de�eriordtion shall be repaired or replaced. 3. Every inside and outside stairway, porch, �nd every appurten�nce thereto, shall be mdintained in a s�fe condition dnd be capable of supporti�g loads which normal use may 3.mpose. 4. Every chimney and smoke p�.pe, and �,11 f lue and vent dtta�hments thereto, sha].1 be maintained in such condition tha�t there will be no ledkage or backing up of smoke dnd noxious gases into the dwelling. 5. All exterior surfaces subject to deteri.oration shdll be properly mainta.�.ned a�nd pro�ected from the elements by pdint or other approved protective coating applied in a workmanlike f�shior�. 6. Every plumbing f�.xture, water p�.pe, �a�ste pipe �ad dr�in sh�ll be maintained in good sanitary working conditi�n, free from defects, ledks and obstructions. -2i- . � ` . �+,� , , ' � � , ' r , � . � � . , . �, '�' � � � '. ' , • • � � � : 7. The floor surface of every water closet cc>mpartment, bathroom and shower room shall be ma.intaiaed so as to be redson�bly impervious to water and so as to permit such floor to be edsily kept in a clean aad sanitar� cor�ditian. 8. Every supplied facility, piece of equipment, or utility required in this ordin�nce shail be cnaintaiaed in a s�fe and satisfactory working condition, i�o ow�ner or occupdnt shall cause any service, f�cility, equip�aent, or utility required fn this ordinance to be remaved froa� or discontinued for any occupied dwell.ir�g or dwell,ing uriit except for such tem�orary interruption as may be necessary whfle �ctual repairs, replacements, or alter�tions �re in process. Section 2.04 MII�IMUM SPACE, USE AiVD LOCATIOiV REQUIREMENTS. �to person sh�ll occupy, or let to another for occup�ncy, any dwelliag or dwelling unit for the purpose of living therein, which does not co�nply with the following requirements: 1. Svery multiple-f a�aily c%relli.ng unit shall contain a ' minirnum gross floor area of at least �our hundred (�00� square feet. 2. In every dwelling unit vf two (2) or more habitable r oou►s, every room occupied for sleeping purposes by one occupant shall ha.ve � minimum grose floor area of dt least eighty �80) squ�re feet. Every roont occupied for sleeping purgoses b� more than one (1) accupanC sh�ll have � miniaium gross f loor area of fifty (50} square feet per occupant. Every room used fvr sleeping purposes shall have a mini�nunn width of eight (8) feet. Kitchens shall not be used for �.�eping purposes. Porches shall not be used as perm�►nent sleeping qu�rters. 3. At least one-half (�) of the floor area of every habitable room shall h�ve a ceiling height of at ledst seven (l� feet. _22,. �.�....- � � t 1" '• i` T � • , , s . � o� . . � , ' . , , . l � � � � ' t ' .. . � � , - , , t � 4. No d�wellirig or dwelling unit cont�►ining tsao (2} or more sleeping rooms sr�all be so arrdnged ttidt �ccess �o a bdtnroom, shower room, or water closet comp�rtment intended far �se by occupants of more �i1ci11 one (1) sleeping room c�r� be h�d only by goin� throug� a�nother sleeping room or outside the structure, nor sh�ll room drrangements be suc�n th�t dccess to d sleeping room can be had only by going t�roug�Ez another sleeping room, bdthroom, shower room, or water closet cot�p�rtment. 5. No cellar or basement space s1nd11 be used ds a habitdble room or dwelling unit. Section 2.45 RESPOIVSIBILITIES OF 0%'�iERS A�IB QCCUPANTS. No person s�nall occupy, or let to d�ot�er for occupancy, a�ny dwelling or dwelling unit for the purpose of livin� t�erein, whic� does not comp ly wi�i� t�e following re�uirements: 1. Every dwelling unit shdll be clean, s�nit�ry �nd fit for human hdbitdtion. 2. Every occupant of d dwelling or dwelling u�it si��ll keep in a �le�.n dnd sanitary condition tl�at part of tne d�ellf.ng, dwelling unit dnd premises thereof whic�i he occupies dnd controls, includi.�g yards, lawns, cour�ts �nd drive-w�ys. 3. Every owner of � building cont�ining three (3} or more dwelling units shall be responsible for maintaining in a cle�n �.nd sanitdry condition t�e shared or public dre�s of the dwelling and premises tlzereof . 4. Exterior premises sh�.11 be kept free from the excessive growth of weeds, gr�ss and ot�ier flor,�. The term "excessive"' sh�ll be interpreted as detrimental to tiie he�lth, s�fety, or welfare of the occupan�s or t�e public. -23- r � . , , . � , , � � ` � . ., � , � • r � '� � � '. • , • ; ■ � s a . • � �t r ' � ` 1 � ' • � � � . � � . � i � � i � � t � 5. Every occupdnt of a dwell�.ng unit sl�ll keep d.].1 plumbing fixtures, sanitary fdcilities, appliances and equipment therein in a clean and sanit�ry conditian and s�all exercise rea�son�ble care 3.n the proper use dnd operation tnereo€. 6. Every occup�nt of a dwelZing or dwelling unit shall dispase of rubbish, gdrbage and ot�er waste m�teria�ls in an dpproved sanitdry m�nner, Garbdge shall be placed in the garbage disposal fdcilities or storage cont�.iners rec�uired in Section 2,01(7) of t�nis ordinance. � � 7. Every occupant of a dwelling containing � single dwelling � f unit shall be respornsible for the extermination of �ny insect, rodents, vermin, or other pests therein or on the premises. Every � occupant of � dwelling unit in d bua.lding cont�ining more than one (1) dwelli.ng unit shall be responsible for such extermin�tion whenever his dwelling unit is the only on� infested, except thdt whenever such infestdtion is c�►used 1�y t�°�e failure of the owner to carry out the provisfons of this ordindnce, extermination shall , be the responsiblity of the owner. � 8. Every owner of a dwe113.ng or dwelling unit sha�ll, before renting or sub-letting to another occupant, provide �pproved door and window screens whenever such screens are required under the provisions of �his ordin�nce and shdll repair or replace them when necessary. 9. Every owner of a dwelling sha.11 gra�de �nd maintain the exterior premises so as to prevent the accu�nulation of stagndnt wdter there�n. 10. Animals and pets sha�ll not be kept in any dwelling or dwelling unit or on dny premises in sucn a m�►nner �s to create ins�nita.ry conditions or constitute a nuisance� -24- � � � � S 1 I 1 ' � � ' ♦- � R � f ' Y � � � � �: � � �' • � • . � � � � t } 1 � � • � � � j ' , f � � � s � i r � Section 2.Ob REC�UIREMEI�TS RELATING TO Ti�E S�.F'E Ai� SAIVITARY MAITVTE�vAi�10E OF NON-D�ELLIiVG STRUCTURES A1VD FEi�iC�S. Every dccessory structure used for non-dwelling purposes such �.s � g�rage, cdr port, cabdna, stor�ge building, etc., and every fence shall comply with the following rer�uirements: 1. Every foundation, exterior dnd i,nterior wall, roof, floor, ceiling, window dnd exterior door shall be structurally sound and ma.intained in good rep�ir. 2. Every a.ccessory structure shd11 be kept in � redsonably clean dnd sanitary condition free from rodents, insects and vermin. 3. The roof of every accessory structure sh�ll be well drained of r�in wdter. 4. All exterior surfa�ces subject to deteriaration shall be properly maintained �.nd protected from t�ne elements by paint or other dpproved protective co�►ting, dpplied in a workm�nlike f�shion. 5. ��'very plumbing fixture, water pipe, w�ste p�.pe and dr�in shdll be maintdined in gooc� sanitdry working condition, free from defects, ledks and obstructions. Section 2.07 i'�ININEUM STA��VDAK�iS �'O�t HOTELS AivD ROOMIi�G x-iOUSES . No person shali operate � hotel or rooming lnouse, or sh�ll occupy or let to dnother for occup�ncy, any l�otel unit or rooming unit which does not meet with �.11 of t�ze ot�er standdrds of �his code, except as provided by t�ne followa.ng requireraents: 1. i�o person shall oper�te a hotel or rooming �ouse unless he has complied with dll of the licensing and permit requiYements of the City of Miami Bedch. 2. Every room used for sleeping purposes by one person sh�ll contain �t ledst seventy (70) square feet of floor spa.ce dnd -25- ..�..- � � . . • . � . , , � � t . •�► t • � � � � � � � `� • Q . � t 11 � ' I � ' , � � � � � � > � l i ' � ! . � i 1 r every roota occupied for sl�epin,g purposes by more th�n one {1) person shall contdin at least niaety (90) square feet of floor space for e�ch occupdnt thereof. Ever�r rocma occupied for sleeping purposes s;ndll have � minimuun widt�i of eight (8} �eet and dn average f loor to ceiling height of eight (8 ) fee t. 3. Separdte fdcilities consisting of d Wat�r closet, a lavatory �d � bath or shower shall be provided for each �oCel room. 4. �10 celidr or base�nent space s�n.all be used �s d h�bitable room or as a hotel or roorning unit. 5. The oper�tor of every hotel or rooming tnouse sh�ll f cha�nge supplied bed linen and towels �►t least once edch week and prior to the letting of any rooin to any occupant. The operator sh�►11 be responsible for m�intaining a21 supplied bec�ding in � clear� and sanit�ry mdt�ner. 6. The operdtor of every hotel or rooming house shall be responsible for the sanitary maintendnce of �11 walls, floars, ceilings and other parts, dnd he shdll be further responsible for the sanitary maintendnce of the entire premi.ses where all of the buildir�g is under the control of such operdtor. 7. Every window of every �otel or rooming unit shall be supp lied with shddes, draw drapes, or other devices or materi�ls which, when properly used, will �fford privdcy to the occupdnt of the hotel or roonaing unit. � � r _ . - 8. If one or more persons occupy one or more hotel or rooming units located on any floor above the ground floor of any -26- �� ' � , , .' � 1 1 • ' ' '� `� � ' � � .` ,. -� . a . , , ; 4 � , i �� Y � ( ' I � r' � ! > , . �` . � � t 1 1 d t hotei or rooming lnouse, there shall be dt least two (2) safe dnd unobstructed ex3.ts from such floor leading to d safe open space at ground 1eve1. Each exit shall be ea.sily accessible from every hotel or rooming unit on the specified floor wi.thout passing through dny other hotel, rooming, or dwelling unit. All exit stairways shall hdve at least one (1) griprail not less than forty�two inches ; (42°t) above the stairway tre�ds. Stairways open on both sides shdll have such a griprail on each side. 9. The operator of every hotel or rooming house shdll be responsible for keep3.ng the premises free from the accumul�tion of rubbish �t �11 tiaanaes. 1�. The operator of every hotel or rooming house shall be responsible for the prompt and sanitary disposal of all garbage. 11. The ogr�rator of every hotel or rooming house sh�ll be responsible for providing dnd hanging a11 windo�a and door screens, 12. The operdtor of every hotel or rooming �ouse shall be responsible for the exterau.nation of any insects, rodents, vermin, or other pests therein dnd shall be further responsible for such extermination on the entire prem3.ses where a�ll of the building within which the hotel or rooming house is contained is leased or rented by the opera�tor. Whe�ever infestdtion is c�used by failure of the owner to mainta.in the building in a reason�bly insectproof or ratproof condition, extermin�tion sha11 be the responsiblity of the owner. � 13. It sh�ll be the duty of the oper�.tor of every hotel or rooming house to report to the D�de County �Ie�.lth Department within twenty-four �24) hours the nume of any person living in the hotel or rovm3.ng house who is believed to be afflicted with dny communica�bie dise�se. _2�.. , , . . , � � � r , . � ~ t' � ,,. `� ■• � � �. _.- � a , : � -.,'. � . • � a y • t _�� • . . � r • � � � 1 c 1 +, � Section 2.0� DESIGIVATION OF UNFIT Di�iELLIiVGS, HOTELS AI�D � ROOMII�G HOUSES, Ai�iD PROCEDURES FOR COtVDEMiVATIOiV AS UNFZT FOR iiUMA1V HA,BITATIOIV. The design�tion of dwellings, dwelling units, hotels and rooming houses as unfit for human habitation dnd the procedure for condemnation and plaCarding �s unfit for human habitation of such unfit dwellings, dwelling urnits, hotels dnd roo�ning houses shall be carried out in comp liance wi.th the following requirements: Any dwelling, dwelling unit, hotel, hotel unit, rooming house or �ooming unit which shall be found to have dny of the f ollowing defects, sha�ll be designated by the Enforcement Officer as unfit for human �h�bitation 3nd shall be so placarcied. 1. One which is so dam�ged, decdyed� dil�pid�ted, unsanit�ry, unsafe, or vermin infested that it creates � serious haz�rd to the healt�i or safety of the occupants or of the public. 2. ane which la�cks illumination, ventila�tion oz sanit�tion f�cilities adequdte to protect the health or safety of n the occupants or of the public. 3. One which because of 3.ts generdl condition or locat3.on is unsanitdry, or otherwise dangerous to the hedlth or safety of the occupants or af the public. Any dwelling, dwelling un�.t, hotel, hotel unit, rooming house or rooming unit declared unf�.t for human habit�.tion by the Enforcing Agency sh�ll be so design��ted by post�.ng � placdrd in d conspicuous place on the structure. A dweiling, dwelling �.nit, hotei, hotel unit, room�ng house or rooming unit condemned and pldcdrded �s unfit for humdn habitation shall b� vaca�ted �rithin thirty �30) days as ordered by the Enforcing ,Agenc� �nd sh�ll not be used for hus�n habit�tion _2�_ • � . � . ' • � � , � � y � �.� , � � ' • r � , � '1M � . +� � � i � �, •ry i � � � • �/ � ► �!' " , " � � � � I � � r � ` • ag�in until written approval is secured from, �nd the placdrd removed by the Enforcing Agency. The Enforcing Agency shall order the removal of the pla�cdrd whenever the defect or defects upon which the candemndtion and placarda.ng dctions were based, ha�e been elimin�ited. 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 ds unfit for human hdbit�tion and pl�carded as such, except as provided in the foregoing subsection. An� person whose property has been pldcarded ds unfit for hurnan h�.bit�tion may request dnd shall be gr3nted � hearing an the matter before the Minimum Housing Appeals Bodrd of �he City of Miami Beach. Where the Enforcement Off3.cer determines that � building is an unsafe bui.ld�ng within the provisions of Section 202 of the South Florida Building Code, he sh�ll immedi�tely xeport the matter t o the Building Official. A�RTICLE I II � Section 3.01 SUI�ICIAL i3EVIE�n'. Any person or persons, jointly or severally, aggrieved by any final action ta�ken or fin�l decision rendered pursuant to the provisions of thi.s ordinance, mdy seek to �dve such action or decisions reviewed by the Circuit Court of D�de County by petition for certior�ri in th� mdnner prescribed by the rules of court, provided such person or persons shdll have first exbausted the administra�tive remedies provided f or herein. _2�_ � . � . ..� � � �. .. . � �� • A .il � � • ' • ' � ~ l r � 's - r �� i � . '� � � � � � � k I � . � � � s ' � . ♦ • y�� .0 T ) SectiQn �,,,02 SEVERABILITY CLAUSE. If any section, sub-aection, sentence, clause or provisions of this ordinance sha].1 be held invalid for any reaaon whatsoever, $uah invalidity shall not affect the remalning portions of thi$ ord3.nance, which shall remain in full Force and effect. It is intended and declared that the provisions of this ordinance ahall be deemed and construed to be severable. Section .0 REPEAL CLAUSE. This ordinance is intended and sha�ll be construed as con�tituting minimum standards for the City of Miami Beach in respect to minimum housing s�andards. To the extent of the minimum housing standards herein provided, all ordinances, in conflict with or inconsistent with the minimum houaing �tandards herein established are hereby repealed and ��perseded. Section ..0� EFF'ECTIVE DAT'E. This ordinance shall go into efiec� immediately upon ita pas�age and posting as required by law. PASSF�D and ADOPTED this 16th day of March, Attest: �_ � - Ci y C]�rk / (SEAL) lst reading - March 2, 1966 2nd reading - March 2, 1966 3rd reading - March 16, 1966 POSTED - March 16, 1966 ♦ f � '.' .� + � .h1 • A• �� r . � ! � ♦ S TATE OF F LORI DA COUN'IrY OF DADE : � 1 � � . , �4 � � � � � �' ti I, R. WM. L. JOHNSON, City Clerk in and for the City of Miami. Beach, Florida, do hereby certify that Ordinance No.1582 entitled: "AN ORDINANCE TO BE KNOWN AS THE CITY OF MIAMI BEACH, FLORIDA MINIMUM HOUSING STANDARDS ORDINANCE; PROVIDING RECITATIONS OF LEGISLATIVE AUTHORITY; PROVIDING SHORT TITLE; MAKING LEGISLATIVE FINDINGS AND DECLARING LEGISLATIVE INTENT; PROVIDING FOR �ONSTRUC'I'ION AND APPLICABILITY OF ORDINANCE; PRESERVING EXISTING REMEDIES; PROVIDING DEFINITIONS; ESTABLISH- ING MINIMUM HOUSING ENFORCEMENT OFFICER AND PRESCRIBING HIS DUTIES; PROVIDING FOR IDENTIFICATION OF HOUSING OFFICIALS; PRESCRIBING PROCEDURES FOR INSPEC�IONS, NOTICE OF VIOLATIONS AND FINAL ORDERS; PROVIDING FOR RECORDATION OF FINAL ORDERS; PROVIDING FOR OBTAINING COPIES OF RECORDS; PROVIDING REMEDIES FOR ENFORCEMENT; GRANTING POWER TO ACT IN EMERGENCIES; PROVIDING FOR ADMINISTRATIVE APPEALS; ESTABLISHING MINIMUM HOUSING APPEALS BOARD AND PRESCRIBINNG ITS DUTIES; PRESCRIBING MINIMUM HOUSING STANDARDS AS TO BASIC EQUIPMENT, FACILITIES, LIGHT AND VENTII,ATION, SAFETY AND SANITARY MEASURES, SPACE, USE AND LOCATION REQUIREMENTS, AND RESPONSIBILITIES OF OWNERS AND OCCUPANTS; PRESCRIBING MINIMUM STANDARDS FOR HOTELS AND ROOMING HOUSES ; PRESCRIBING FOR DESIGT�'A- TION OF UNFIT DWELLINGS, PROVIDING FOR JUDICIAL REVIEW; PROVID- ING SEVERABILITY CLAUSE, REPEAL CLAUSE, INCLUSION IN CODE, AND EFFECTIVE DATE" having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 16th day of March, 1966, and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS wHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 20th day of April, 1966. � City Cler � �� t 4 , . � >. � t t��.., �4 s ', .. �' � E �' ,� 4� :�' � . : �.� -:�c.,�. , � ; .. 3 Z 3 C O 3 �` C _ - O - C � � � � zrn— c� c� z— cn o z —1 • D D r z -r v v, D C� 7� N a N O � v � z c� m �