Ordinance 86-2525 ORDINANCE NO. 86-2525
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 8, SECTION 8-3 (h) OF THE CITY CODE
OF THE CITY OF MIAMI BEACH, FLORIDA,
PERTAINING TO CERTIFICATES OF USE AND
OCCUPANCY BY REVISING THE FEE SCHEDULE FOR
OBTAINING CERTIFICATES OF OCCUPANCY IN
SECTION 8-3 (h) (2) , AND ESTABLISHING A METHOD
OF OBTAINING CERTIFICATES OF USE AND REVISING
FEES THEREFORE IN SECTION 8-3 (h) (3) , AND
FURTHER ADDING SECTION 8-5, PROVIDING FOR
PENALTIES FOR VIOLATION OF CHAPTER 8;
PROVIDING FOR REPEAL OF ALL ORDINANCES IN
CONFLICT THEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION l: That Chapter 8 , Section 8-3 (h) of the Miami Beach
City Code pertaining to Certificates of Use and Occupancy is
hereby amended to read as follows:
Section 8-3 (h)
* * * *
(2) . CERTIFICATE OF USE AND OCCUPANCY. In order to
obtain a Certificate of Use and Occupancy as required
by Ordinance No. 1891, City of Miami Beach, and the
South Florida Building Code, the following original
fees shall be paid for the purpose of defraying the
costs of the original necessary zoning inspection;. and
the annual renewal €ees; as set €efth herein; shall be
paid to defray the east of pesiedie Bening inspeetien
that is neeessary due to the nature of the use in esden
to determine that the use is being maintained in
eemplianee with seeing requirements as well as
eenditiens er restrietiens preserihed by seeing
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eeseIutlens and the ehaptee- The renewal fee is based
en ehange ef use; ehange e€ ewneeshlp andfer ehange ef
tenant:
No refunds shall be made of fees paid for use and
occupancy permits.
Original Fee Renewal Fee
Residence $15:99 $18-99
$35 . 00
Commercial $25-99 $15-99
$35 . 00
(3) . CERTIFICATES OF USE .
a. No new building or premises or part thereof,
except one and two family residences , shall be
occupied until a Certificate of Use is issued by
the City of Miami Beach. Certificates of Use
shall not be issued until the premises have been
inspected and found to comply with all
requirements of the Code of the City of Miami
Beach.
1. Buildings designed and built as office
buildings , and occupied only by that use
shall require one (1) Certificate of Use.
Office buildings containing commercial
activities in addition to offices , shall
require an additional Certificate of Use for
each commercial activity contained therein.
2. Apartment buildings, hotels, and other
multiple-residential occupancies containing
three (3) or more units and occupied by only
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residential tenants shall require one (1)
Certificate of Use. Where these occupancies
contain commercial activities in addition to
residential tenants, an additional
Certificate of Use for each commercial
activity contained therein shall be required.
3. Industrial and commercial buildings being
occupied by a single tenant shall require one
(1) Certificate of Use. If an industrial or
commercial building contains more than one
(1) tenant, an additional Certificate of Use
shall be required for each tenant therein.
b. The first Certificate of Use issued in conjunction
with a new building, shall be issued at the time
when a Certificate of Occupancy is issued and at
no cost. Where individual Certificates of Use are
required, a Certificate of Use shall be obtained
and the charge shall be as established herein
below.
c. As of the effective date of this ordinance, all
existing buildings or premises which are subject
to this ordinance must obtain a Certificate of
Use.
d. Upon the issuance of a Certificate of Use for a
building or premises, an annual inspection will be
conducted thereafter to determine that each
building or premises complies with all code
requirements of the City of Miami Beach.
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e. In order to obtain a Certificate of Use, an
original fee shall be paid for the purpose of
defraying the costs of all the original
inspections. An annual renewal fee shall be paid
to defray the costs of these annual inspections
necessary to determine compliance.
f . The fees for Certificate of Use shall be as
follows:
FEE SCHEDULE FOR CERTIFICATE OF USE
APARTMENTS
3 to 50 units 35 .00
51 or more units 35 . 00
Plus per unit over 50 1. 00
HOTEL, MOTEL & ROOMING HOUSES
3 to 50 units 35.00
51 or more units 35 .00
Plus per unit over 50 1. 00
RETAIL, WHOLESALE, STORAGE, MANUFACTURING,
OFFICE, MISCELLANEOUS
Up to 5 ,000 sq. ft. 35 . 00
Over 5 ,000 sq. ft. 70 .00
OPEN AREAS (PARKING, GARAGES, AUTO SALES)
Flat fee 35.00
RESTAURANTS (BAR, LOUNGES)
First 60 seats 35.00
Each additional 20 seats 10 . 00
ADULT CONGREGATE LIVING FACILITIES
Non-profit 40 .00
Profit 55 .00
DAY CARE CENTERS & NURSERY SCHOOLS
Non-profit 40 .00
profit 55. 00
MARINAS (MARINE DOCKAGE)
3 to 15 boatsli 35 .00
16 to 50 boatslips 50 . 00
51 or more boatslips 50 .00
Plus per boatslip over 50 1. 00
SECTION 2: That Section 8-5 providing penalties for violation
of this chapter be added to Chapter 8 to read as follows:
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Sec. 8-5 VIOLATIONS AND PENALTIES.
(a) Any person, firm or corporation who shall violate or
fail to comply with any of the provisions of this
Chapter or with any of the requirements thereof, shall
be brought before the Code Enforcement Board of the
City of Miami Beach. The Code Enforcement Board may
assess a fine and impose a lien to the maximum allowed
by City Ordinance and Florida Statute, or in the
alternative , the violation may be brought to Dade
County Court. Each day such violation shall be
permitted to exist shall constitute a separate offense.
The owner or owners of any building or premises, or
part thereof, where anything in violation of these
regulations shall be placed or shall exist, and any
agent, person, or corporation employed in connection
therewith and who has assisted in the commission of any
such violation may be guilty of a separate offense, and
upon conviction, fined as hereinbefore provided.
(b) Any person, firm or corporation who shall violate or
fail to comply with any of the provisions of this
Ordinance or with any of the requirements thereof,
shall be subject to a delinquency penalty of ten
percent for the first month of delinquency or portion
thereof and an additional five percent for each month
of delinquency thereafter or portion thereof.
(c) The City Manager may either revoke or temporarily
suspend the business license of any person in
accordance with the procedures set forth in Article II ,
Chapter 20 of the Code when it is determined by the
City Manager that the licensee is conducting business
from premises which do not possess a valid and current
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Certificate of Occupancy and/or Certificate of Use as
may be required by city or county laws.
SECTION 3: REPEALER
All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 4 : SEVERABILITY
If any section, part of section, paragraph, clause, phrase, or
word of this Ordinance is declared invalid, the remaining
provisions of this Ordinance shall not be affected.
SECTION 5: EFFECTIVE DATE
This Ordinance shall take effect 10 days after its adoption on
December 14 , 1986.
PASSED AND ADOPTED this 4th day of December
1986.
YOR
ATTEST:
22/2 a2tAlt".1°1
CITY CLERK
1st Reading - November 19, 1986
APPROVED AS TO FORM 2nd Reading - December 4, 1986
LEGAL DEPfRTMENT:
By: \111/1,•-- -
Date: (f I3 -cp
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