Ordinance 81-2268 ORDINANCE NO. 81-2268
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING SECTION 8-2 OF THE MIAMI BEACH CODE BY
ALLOWING TEMPORARY OR PARTIAL CERTIFICATES OF
OCCUPANCY UNDER CERTAIN CONDITIONS; PROVIDING
FOR SEVERABILITY AND REPEALING ALL ORDINANCES
IN CONFLICT THEREWITH. PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: That Chapter 8 , Section 8-2 of the Miami Beach Code
be and the same is hereby amended to read as follows:
Sec. 8-2. Certificates of occupancy.
Netwlthstanding any pfevls.ien the Sesth Plef da
Bs440ging Eeee to the eentfafy; No partial or temporary
certificate of occupancy shall be issued by the city for
any building under construction in the city; pfet-lded;
unless:
1. All common areas such as lobbies, corridors, stair-
wells, pool decks, and recreational areas are fully
completed except for landscaping; and,
2 . All floors below those which are being occupied on a
temporary or partial basis are fully completed; and,
3 . All parking required to serve that portion of the
building being occupied on a partial or temporary basis is
completed, available and separated by barricades from
other areas still under construction; and,
4 . The owner executes an agreement acknowledging the
fact that all work is to be completed within the stipul-
ated time period, which shall not exceed ninety (90) days,
and agrees to bear all costs required to vacate the
premises if the terms of the partial or temporary
certificate of occupancy have not been met. Such
agreement shall be on a form approved by the City
Attorney; and,
5. The owner posts signs provided by the Code Enforce-
ment Division indicating: the building is being occupied
under a partial or temporary certificate of occupancy; all
work is to be completed by a specified date; and that,
failure to complete all work prior to said date will
necessitate the vacating of the premises.
Said signs shall be posted in locations assigned by the
Code Enforcement Division and shall be maintained at these
locations throughout the term of the partial or temporary
certificate of occupancy.
Partial or temporary certificates of occupancy are not required for
the hewevef, that nething hefeln eentalned shall be deemed to pee-
hlblt the use of any building andef eenstfaetlen solely by workmen
or employees engaged in the construction or the completion of con-
struction of saeh a building-; Pfe ded f ufthef hewevef, that
neth4ng hefe±n eenta4ned shall pfehile4t of pfevent any lessee of
tenant; at hos ept.ien; f ew mev.ing hos or for the storage of furni-
ture or personal effects 4nte in hos an apartment or unit prior to
the issuance of a certificate of occupancy for the building in ques-
tion.
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
L • L
Section 2 : SEVERABILITY. If any section, sub-section, sen-
tence, clause, phrase or portion of this Ordinance is, for any
reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity
of the remaining portions of this Ordinance.
Section 3 : REPEALER. That all Ordinances of parts of
Ordinances in conflict herewith be and the same are
hereby repealed.
Section 4 : This Ordinance shall go into effect upon its
passage in accordance with law.
PASSED and ADOPTED this 8th day of July , 1981.
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1st Reading - June 17, 1981
2nd Reading July 8, 1981
APPROVED
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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