Ordinance 1884ORDINANCE NO. 1884
AN ORDINANCE AMENDING ORDINANCE NO. 1582,
BEING "THE MINIMUM HOUSING STANDARDS ORDINANCE
OF THE CITY OF MIAMI BEACH, FLORIDA."
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Ordinance No. 1582, being "The Minimum Housing Stan-
dards Ordinance of the City of Miami Beach, Florida,"
be and the same is hereby amended by adding the following additional
section thereto, to be numbered, and to read as follows:
"ARTICLE II.
Section 2.09. In the event that the Minimum
Housing Enforcement Officer has duly served a Notice
of Violation upon the person or persons responsible
therefor, and no timely appeal from said Notice of
Violation has been filed with the Minimum Housing
Appeals Board by the Landlord; or in the event that
living premises have been duly designated as being
unfit for human habitation, and the time for filing
an appeal from such designation or determination
has expired; or, in the event that a timely appeal
has been taken by the Landlord, and the decision
or determination of the Minimum Housing Enforcement
Officer is affirmed; and, if the Tenant is current in the
payment of his rent at the expiration of the time for
appeal, or, at the time of the affirmance by the Mini-
mum Housing Appeals Board of the decision or determina-
tion of the Minimum Housing Enforcement Officer, and there
is on file in the Official Records of the City's Plan-
ning and Zoning Department a certification by the Mini-
mum Housing enforcement officer that such Landlord has
failed to correct the violation involved, then the Tenant
is authorized and empowered to withhold the further pay-
ment of rent to the Landlord until such time as the vio-
lations found and determined to exist by the Minimum
Housing Enforcement officer shall have been corrected;
provided, however, that the Tenant's right to suspend the
payment of further rent is conditioned upon paying the
rent due, and thereafter to become due, into an Escrow
Fund created and maintained by the Minimum Housing Ap-
peals Board in an appropriate bank account. Immediately
upon the City of Miami Beach Housing Enforcement Officer
having certified that the violation or violations have
been corrected, said officer shall forthwith cause the
payment of the withheld rent to be made to the Landlord.
The wilful withholding of rent by a tenant, without being
so authorized to do by the provisions of this section,
shall be deemed to be a violation of this Ordinance.
SECTION 2. All ordinances or parts of ordinances in conflict here-
with be and the same are hereby repealed.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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SECTION 3: This Ordinance shall go into effect immediately upon
its passage and posting as required by law.
PASSED and ADOPTED this 7th day of July, 1971.
Attest:
iedE
City Clerk -Finance Director
1st reading
2nd reading
3rd reading
POSTED
- May 18, 1971
- May 18, 1971
- July 7, 1971
- July 8, 1971
Ma or
STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1884 entitled:
AN ORDINANCE AMENDING ORDINANCE NO. 1582, BEING "THE MINIMUM
HOUSING STANDARDS ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
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 8th day of July, 1971,
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 1st day of September, 1971.
City Clerk and Finance Director
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