Ordinance 89-2650 ORDINANCE NO. 89-2650
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REPEALING CHAPTER 17C
OF THE MIAMI BEACH CITY CODE ENTITLED
',MORATORIUM ON CONVERSIONS,' DUE TO ITS LAPSE
VIA TIME.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Chapter 17C of the Miami Beach City Code
entitled "Moratorium on Conversions" , which reads as follows:
CHAPTER 17C.
MORATORIUM ON CONVERSIONS.
Sec. 17C-1. Purpose.
This chapter is intended to stop temporarily the
conversion of multi-family rental housing to condominium
while the city seeks other means to alleviate the housing
shortage and dislocation burdens caused by conversion.
(Ord. No. 80-2197 , §1; Ord. 80-2201, §1. )
Sec. 17C-2 . Applicability.
This chapter applies to all owners of multi-family
residential units which owners have not done all of the
following as of February 20, 1980.
(a) Recorded a declaration of condominium in the public
records of Dade County in the manner provided by state law.
(b) Filed with the State Division of Florida Land
Sales and Condominiums documents and items required by
Florida Statute 718 . 502 .
(c) Mailed notices of intent to convert to all
tenants by certified mail .
(d) Fixed prices for units.
(e) Taken deposit for sale on at least one unit,
and deposit same in seller's or escrow bank account.
(Ord. No. 80-2197, §2 ; Ord. No. 80-2201, §2 . )
Sec. 17C-3 . Prohibitions.
It shall be unlawful for any owner of multi-family
housing units to whom this chapter applies, for a period
of ninety days from February 20, 1980, to convert rental
housing to condominium units. "Converting" is hereby
defined as any one of the following:
(a) The act of filing a declaration of condominium.
(b) The act of offering for sale a residential
condominium unit previously occupied as a rental unit.
(c) Selling a unit previously occupied as a rental
as a condominium. (Ord. No. 80-2197, §3 ; Ord. No. 80-
2201, §3 . )
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Sec. 17C-4. Penalty.
Any owner or agent of an owner who violates the
provisions of this chapter shall be fined not more than
one thousand dollars for each act of conversion. (Ord.
No. 80-2197 , §4 ; Ord. No. 80-2201, §4 . )
Sec. 17C-5. Enforcement.
The city shall be empowered to seek injunctive
relief to enforce this chapter. (Ord. No. 80-2197 , §5;
Ord. No. 80-2201, §5. )
is hereby repealed in its entirety due to its lapse via time.
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3 . SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 4 . EFFECTIVE DATE.
This ordinance shall take effect ten (10) days after its adoption
on August 5 , 7989
PASSED and ADOPTED this 26th day of July 1989 .
ACC21#1--.7(
MAYOR
ATTEST:
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CITY CLERK
1st reading 6/21/89
2nd reading 7/26/89
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FORM APPROVED
LEGAL DEP J
By I4 4 . IA A .
Date - ba__
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OFFICE OF THE CITY ATTORNEY
F L O R I D A
�Pr4Cy
ARNOLD M. WEINER +�iwcwr
� P.O.BOX 0
�1RCHN.' MIAMI BEACH,FLORIDA 33119-2032
CITY ATTORNEY �H16
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO, 337- 81
TO: Mayor Alex Daoud and DATE: June 21, 1989
Members of the City Commission
City Manager Rob W. Parkins
FROM: Arnold M. Weiner .,
City Attorney
RE: Repeal of Chapter 17C of the Miami Beach City Code
entitled "Moratorium on Conversions"
Chapter 17C of the Miami Beach City Code was enacted early in 1980
to temporarily alleviate the housing shortage and dislocation
burdens caused by condominium conversions at that time. This
ordinance became effective on February 20, 1980 and imposed a
moratorium on condominium conversions for a period of ninety (90)
days. In keeping with the on-going efforts of the City Attorney's
Office to update and revise the City Code, it is submitted that
Chapter 17C be repealed in its entirety due to its lapse via time.
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AGENDA
ITEM
DATE
1700 CONVENTION CENTER DRIVE- FOURTH FLOOR-MIAMI BEACH, FLORIDA 33139
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