Ordinance 91-2746 ORDINANCE NO. 91-2746
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED
',OFFENSES - MISCELLANEOUS', BY ADDITION OF SECTIONS
25-67 .4 THROUGH 25.67.12, PROVIDING THAT GARAGE
SALES MAY BE HELD AT SINGLE-FAMILY AND MULTI-FAMILY
RESIDENCES WITHIN THE CITY TWICE EACH YEAR;
ESTABLISHING PERMIT PROCEDURES; ESTABLISHING
REGULATIONS FOR THE CONDUCT OF GARAGE SALES;
PROHIBITING BUSINESS ENTITIES FROM CONDUCTING
GARAGE SALES AT RESIDENCES; PROVIDING FOR
ENFORCEMENT BY CODE INSPECTORS; PROVIDING FINES
FOR VIOLATIONS AND PROCEDURES FOR APPEALING FINES;
PROVIDING THAT UNPAID FINES SHALL CONSTITUTE A LIEN
UPON REAL AND PERSONAL PROPERTY AND AUTHORIZING
RECOVERY OF UNPAID FINES BY FORECLOSURE AND OTHER
LEGAL PROCEEDINGS; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Miami Beach,
Florida finds that there are residences within the City which are
used regularly as locations for the sale of goods to the public;
and
WHEREAS, the City Commission believes that the regular use of
residences as locations for the operation of public sales often
called "garage sales" is injurious to the security, tranquility and
integrity of residential neighborhoods within the City; and
WHEREAS, the City Commission believes that limitations on the
number of "garage sales" permitted in multi-family residences must
be more stringent than limitations for single-family residences in
that the potential for neighborhood disruption is greater in multi-
family residences due to the larger number of persons residing
therein; and
WHEREAS, the posting of an unlimited number of signs
advertising residential "garage sales" is incompatible with
aesthetic values.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Section 1:
That Miami Beach City Code Chapter 25, entitled "Offenses-
Miscellaneous" is hereby amended by the addition of sections 25. 67-
4 through and including 25-67 . 12 to read as follows:
1
CHAPTER 25
OFFENSES - MISCELLANEOUS
* * *
§25-67 .4. Garage Sales.
§25-67 .5. Same - Permit required.
§25-67 .6. Same - Prohibited permittees and sale
items.
§25. 67 .7 . Same - Regulations.
§25-67 .8. Same - Excerstons.
§25. 67 .9. Enforcement by code inspectors; notice of
violation.
§25. 67 .10 Civil fines for violations.
§25-67 . 11. Rights of violators; payment of civil
fine; right to appeal, failure to pay or
to appeal.
§25-67 . 12 Recovery of unpaid fines; unpaid fines to
constitute a lien; foreclosure.
* * *
Section 25-67 .4. Garage sales.
Definitions.
The followincr definitions shall apply in sections 25-67 . 4
through and including 25-67 . 12 of this chapter:
"Business Entity" shall mean an association, corporation,
trust, religious, charitable or public institution, estate,
partnership, limited partnership or joint stock association; except
that condominium associations, homeowners associations and
cooperative apartment associations shall not be considered Business
Entities for purposes of this chapter.
"City" shall mean the City of Miami Beach, Florida.
"Family" shall mean persons living together as a single
housekeeping unit whose permanent«:dress is at the place of
residence where a particular "Garage Sale" is located.
"Front Yard" shall mean an open area extending the full width
of the lot or lots upon which the residence is located between the
main residence and the front property line.
"Garage Sale" shall mean a sale at which tangible personal
property is sold at a place of residence --- the term shall include
"Lawn Sale" , "Attic Sale" , "Rummage Sale" or "Flea Market Sale" .
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" Multi-family Residence Building" shall mean a building
occupied or intended to be occupied by two or more families living
separately with separate cooking facilities in each unit -- the
term shall include "townhomes" , "duplex" , "triplex" , "apartment
building" , "condominium building" and "cooperative apartment
building" .
"Property Owner" shall mean the person or entity having title
to the real property in cruestion, or the manager of said property
when the property owner has authorized the manager to maintain and
operate the property and has so informed the City' s Code
Enforcement Division in writing. For condominium buildings the
term "Property Owner" shall mean condominium association.
Sec. 25-67 .5. SAME - permit required.
(1) No person(s) shall conduct a Garage Sale as defined in
section 25-67 .4 herein within the City of Miami Beach without first
obtaining a permit as specified herein.
(2) All persons wishing to obtain such a "Garage Sale Permit"
shall make application at the Code Enforcement Division of the
City, and shall pay a fee of $15. 00 per permit.
(3) Applicants for Garage Sale Permits must provide the
following information to the City at the time of application:
(a) Name of person conducting Sale or owner of property
at which Sale will be located if different from
person conducting Sale.
(b) Location where the Garage Sale is to be conducted.
(c) Number of days Sale is to be held.
(d) Dates of any past Garage Sale(s) at the subject
location within the past 12 months.
(e) Length of time applicant has resided at the subject
location.
(f) Owner(s) of property to be sold at Sale if
different from Person conducting Sale.
(g) Nature of property to be sold.
(4) Applications for Garage Sales to be located at Multi-
family Residence Buildings must be accompanied by the written
permission of the property owner.
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(5) All applications shall be accompanied by proof of
residence, which may be a current driver' s license, voter
registration, or county tax assessor's bill.
(6) All Garage Sale Permit requests must be made at least
seven (7) days prior to the date of the Sale; responses to the
requests (i.e. , permit approval or permit denial) will be mailed to
the applicant prior to the date of Sale.
Sec. 25-67 .6 SAME - prohibited permittses and sale items.
No Business Entity as defined in section 25-67 . 4 herein may
conduct a Garage Sale located at a place of residence within the
City. No Garage Sale Permit shall be issued pursuant to section
25-67 . 5 herein to a Business Entity or to an applicant intending to
sell property belonging to a Business Entity. All property sold at
a Garage Sale at a residence within the City must be property owned
by permittees and or their families.
(7) Merchandise to be sold at a Garage Sale shall be
merchandise which has been previously used; it shall be prohibited
to sell new merchandise or merchandise that is sold in bulk as from
a carton, crate, bushel or other container commonly used in retail
business. No Garage Sale permit shall be issued for the sale of
merchandise prohibited by this section.
Sec. 25-67 .7 . Same - regulations.
(1) A "Garage Sale Permit" as required by section 25-67 . 5
herein shall be issued for a Garage Sale located in any one single-
family residence or Multi-family Residence Building on no more than
two occasions during any twelve (12) month period; provided,
however, that where all occupants of a single-family residence or
Multi-family Residence Building change, the new occupants shall be
eligible for their yearly "Garage Sale Permits" .
(2) No Garage Sale Permit shall be issued for a Garage Sale
in a Multi-family Residence Building unless the Property Owner
gives written permission for the conduct of the Sale.
4
(3) No Garage Sale Permit shall be issued for a Garage Sale
occurring on more than two (2) consecutive days.
(4) Each Garage Sale Permit must be prominently displayed on
the premises upon which the Garage Sale is held at all times while
the Sale is in progress.
/5) Garage Sales shall be held only during daylight hours.
(6) All merchandise to be sold at a Garage Sale shall be
displayed in an enclosed room, enclosed garage or in a carport.
At no time shall merchandise be displayed on a public right-of-way,
or swale area; provided, however, that if no enclosed garage or
carport exists at said location, merchandise may be displayed on a
private driveway, rear yard or portion of the front yard not to
exceed twenty-five percent (25%) of the total front yard area. All
items used or displayed at a garage sale shall be removed from
unenclosed areas by the end of the last day of the Sale.
(7) Signs advertising a Garage Sale shall not be displayed
until the day prior to the first day of the Sale and shall be
removed at the end of the last day of the Sale. No such signs
shall be displayed on any public property or right-of- way. No
more than two (2) signs advertising a Garage Sale shall be
permitted at the Sale location, and the total number of signs
posted for any one Garage Sale shall not exceed five (5) ; such
signs shall not be larger than 12 in. x 18 in. each.
Sec. 25-67 .8 Same - exceptions.
The provisions of Sections 25-67 . 5, 25-67 . 6 and 25-67.7
hereinabove shall not apply to or affect the following persons or
Sales:
(1) Persons selling goods pursuant to an order or process of
a court of competent jurisdiction.
(2) Persons acting in accordance with their powers and duties
as public officials.
_(3) Any person selling or advertising for sale an item or
items of personal property in a newspaper, magazine, periodical, or
other commercially printed media which are specifically named or
5
described in the advertisement and which separate items do not
exceed five (5) in number.
Sec. 25-67 .9. Enforcement by Code inspectors; notice of
violation.
If a code inspector as defined in chapter 9B of the Miami
Beach City Code finds a violation of sections 25-67 . 5, 25-67. 6 or
25-67 . 7, hereinabove, said inspector shall issue a notice of
violation to the violator as provided in chapter 9B. The notice
shall inform the violator of the nature of the violation, amount of
fine for which the violator may be liable, instructions and due
date for paying the fine, notice that the violation may be appealed
by requesting an administrative hearing within twenty (20) days
after service of the notice of violation, and that failure to do so
shall constitute an admission of the violation and waiver of the
right to a hearing.
Sec. 25-67 . 10. Civil fines for violators.
(1) The following civil fines shall be imposed for violations
of sections 25-67. 5 (1) and 25-67 . 6 of this chapter:
Garage Sale = $25. 00 if paid within 72 hours
without a permit, of issuance of notice or $50. 00
when there was if paid after 72 hours of
no previous issuance of notice.
Garage Sale in the
past twelve months
(Additionally, violators of sections 25-67 . 5 and 25-67 . 6 will
be required to pay the permit fee of $15. 00 pursuant to
Section 25-67 . 5 (2 . )
Garage Sale = $250. 00
without a permit,
when there was a
previous Garage
Sale within the
past 12 months
(2) Violations of section 25-67 .7 shall carry a civil fine of
$25. 00 per violation.
Sec. 25-67 . 11 Rights of violators; payment of fine; right to
appeal; failure to pay civil fine, or to appeal.
6
/1) A violator who has been served with a notice of violation
shall elect either to:
(a) Pay the civil fine in the manner indicated on the
notice; or
(b) Request an administrative hearing before a hearing
officer to appeal the decision of the code
inspector which resulted in the issuance of the
notice of violation.
(2) The procedures for appeal by administrative hearing of
the notice of violation shall be as set forth in section 20-29 of
the Miami Beach City Code.
(3) If the named violator after notice fails to pay the civil
fine or fails to timely request an administrative hearing before a
hearing officer, the hearing officer shall be informed of such
failure by report from the code inspector. Failure of the named
violator to appeal the decision of the code inspector within the
prescribed time period shall constitute a waiver of the violator' s
right to administrative hearing before the hearing officer. A
waiver of the right to administrative hearing shall be treated as
an admission of the violation and penalties may be assessed
accordingly.
(4) Any party aggrieved by the decision of an administrative
hearing officer may appeal that decision to a court of competent
jurisdiction as provided in Section 162 . 11, Florida Statutes.
Sec. 25-67 . 12. Recovery of unpaid fines; unpaid fines to
constitute a lien; foreclosure
(1) The City of Miami Beach may institute proceedings in a
court of competent jurisdiction to compel payment of civil fines.
(2) A certified copy of an order imposing a civil fine may be
recorded in the public records and thereafter shall constitute a
lien upon any other real or personal property owned by the violator
and it may be enforced in the same manner as a court judgment by
the sheriffs of this state, including levy against the personal
property, but shall not be deemed to be a court judgment except for
enforcement purposes. After two (2) months from the filing of any
7
such lien which remains unpaid, the City of Miami Beach may
foreclose or otherwise execute on the lien.
Section 2 . Severability.
If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such
invalidity.
Section 3. Repealer.
That all Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
Section 4. Effective date.
This Ordinance shall take effect on the 2nd day of June
1991.
PASSED and ADOPTED this 22nd day of May
1991.
MAYOR
ATTEST:7
CITY CLERK
FORM APPROVED
(a:\2garagere.ord) LEGAL DEPT.
By 614wuto!' 5-6
Date
3O - 91
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\PMS sEq, FLORIDA 3 3 1 3 9
• *iINC01111i RATED}* "VACA TIONLANU U. S. A.
OFFICE OF THE CITY MANAGER CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. / 73— /1
DATE: April ;;, 1991
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Carla Bernabei Talarico?'Aka
City Manager
SUBJECT: AN ORDINANCE AMENDING "OFFENSES - MISCELLANEOUS", CHAPTER 25
OF THE MIAMI BEACH CITY CODE.
This amendment will prbvide for garage sales, garage sale permits,
and permit fees.
This amendment will provide for garage sale prohibitions and notices
of violation.
This amendment will provide for civil fines for violations and rights
of appeal.
This amendment provides for recovery of unpaid fines, liens, and
foreclosure.
ADMINISTRATIVE RECOMMENDATION
Adopt this ordinance which provides for garage sales, permits, permit
fees, violations, civil fines, right to appeal, recovery of unpaid
civil fines, liens and foreclosure.
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AGENDA
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