Ordinance 92-2797 Ordinance No. 92-2797
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 8
ENTITLED "BUILDING REGULATIONS" BY AMENDING SECTION 8--3
ENTITLED "SCHEDULE OF PERMIT FEES" SUBSECTION 8-3 (h) (3)
THEREOF ENTITLED "CERTIFICATE OF USE" BY; CLARIFYING
RENEWAL DATE AND PENALTIES FOR FAILING TO TIMELY RENEW
CERTIFICATES OF USE, INCREASING ALL FEES HEREIN BY 50
PERCENT; REQUIRING A SEPARATE CERTIFICATE OF USE FOR EACH
UNIT OCCUPIED WITHIN A COMMERCIAL, INDUSTRIAL OR OFFICE
BUILDING; PROVIDING FOR ENFORCEMENT OF THIS CHAPTER BY
PROSECUTION BEFORE A CODE ENFORCEMENT BOARD OR SPECIAL
MASTER; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI 'MACH,
FLORIDA.
Section 1
SECTION 8-3 (H) (3) and SECTION 8-5 are hereby amended to read as
follows:
8-3 (h) (3) CERTIFICATE 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 o1 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—Bu-i-ld4-ngs—des4gned and built as office bu--i-lding-s-; —and
eeeupicd only by that use shall require a certificate of -ase-:-
Gffi-ec buildigs—eentaini-ng---eemmere-ial aet-ivIt4es in edd-3t4iin—to
effices, shall require an additional c..rtifi.3atc of use for each
commercial activity conta-ined therein. (--Eommercial activity--a-s,
defined by se- . = - e = - - =f he ;iter of Miax4-Beaeh-.-}-
�:- 1. Apartment buildings, hotels, and other multiple
residential occupancies containing three or more units and occupied
by only residential tenants shall require one certificate of use.
Where these occupancies contain commercial activities in addition
1
6
to residential tenants, an additional certificate of use for each
commercial activity contained therein shall be required.
3-: 2 . Industrial. office and commercial buildings being
occupied by a single tenant shall require one certificate of use.
If an industrial, office or commercial building contains more than
one tenant, an additional certificate of use shall be required for
each giant unit occupied therein.
b. A Certificate of Use must be obtained annually. Certificate of
Use renewal fees are due and payable on June 1 of each year. Any
person failing to timely apply for the annual renewal of a
Certificate of Use as required by this chapter may be issued a
Certificate of Use only upon payment of a delinquency penalty of 10
percent for the month of July or portion thereof and an additional
5 percent for each month of deliquency thereafter or portion
thereof until paid. Renewal payments must be received by the
license section prior to the first day of each penalty month to
avoid additional penalties.
c. 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.
d. As of the effective date of this paragraph, all existing
buildings or premises which are subject to this paragraph must
obtain a certificate of use.
e. 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.
2
t
e: f. In order to obtain a certificate of use, an original fee
shall be paid for the purpose of defraying the costs of allthe
original inspections. An annual renewal fee shall be paid to
defray the costs of these annual inspections necessary to determine
compliance.
€� g_ The fees for certificate of use shall be as follows:
FEE SCHEDULE FOR CERTIFICATE OF USE
APARTMENTS (INCLUDING CONDOMINIUMS)
3 to 50 units $35.00 $52. 50
Each additional unit over 50 $ 1.04 $ 1. 50
HOTEL, MOTEL AND ROOMING HOUSES
3 to 50 units $35. 00 $52 . 50
Each additional unit over 50 $ 1. 00 $ 1, 50
RETAIL, WHOLESALE, STORAGE, MANUFACTURING, GARAGES, OFFICE, &
MISCELLANEOUS
Up to 5, 000 square feet $35. 00 $52 . 50
Over 5, 000 square fee $70. 00 $105. 00
OPEN AREAS (PARKING LOTS, BOAT SALES, AND AUTO SALES)
Flat fee 4-3-5-;-44 $52 . 50
RESTAURANTS (BARS, LOUNGES)
First 60 seats $35.04 $52 .50
Each additional 20 seats $10. 00 $15. 00
ADULT CONGREGATE LIVING FACILITIES, NURSING HOMES, HOSPITALS,
CONVALESCENT HOMES, ETC.
Up to 50 beds 4408 $60.00
For each additional bed over 50 $ 1.00 $ 1.50
DAY CARE CENTERS, NURSERY SCHOOLS, AND
PRIVATE SCHOOLS x40.00 $60. 00
3
THEATERS
Up to 500 seats $35.00 152 . 50
Over 500 seats $70.00 $105. 00
CHURCH, SYNAGOGUE, AND TEMPLE $35.04 $52 . 50
MUNICIPAL BUILDINGS, COUNTY, STATE, AND FEDERAL FACILITIES AND
PUBLIC SCHOOLS, ETC. EXEMPT
MARINAS (MARINE DOCKAGE)
3 to 15 boatslips $35.00 152. 50
16 to 50 boatslips $50.00 $75.00
For each additional boatslip over 50 4-1. 00 $ 1. 50
Sec. 8-5 (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/Special Master of the City of Miami Beach. The
Code Enforcement Board/Special Master 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 chapter or with
any of the requirements thereof, shall be subject to a delinquency
penalty of ten percent for the first month of a delinquency or
portion thereof and an additional five percent for each month of
4
a
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 Chapter 20, Article ii of this 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
certificate of occupancy and/or certificate of use as may be
required by city or county laws. (Ord. No. 86-2525, S2) .
Sec. 8-6 Grounds for suspension or revocation.
The City Manager or his designee shall either revoke or temporarily
suspend the certificate of use of any owner/applicant where it is
determined by the City Manager or his designee that:
(a) The owner/applicant has misrepresented or failed to disclose
material information required by this chapter to be included in the
certificate of use application form.
(b) The owner/applicant, as part of the owner/applicant's business
activity within the City of Miami Beach, is engaged in conduct
which is an actual threat to the public health, welfare or safety.
(c) The owner/applicant is conducting business from premises which
do not possess a valid and current certificate of occupancy as may
be required by city or county laws.
(d) Habitual conduct has occurred at the owner/applicant's
premises which violates city, county or state law.
(e) The certificate of use issued by the city depended upon the
owner/applicant's compliance with specific provisions of federal,
state, city or Dade County law and the owner/applicant has violated
such specific provisions of law.
5
a
(f) The owner/applicant has violated any provision of this chapter
and has failed or refused to cease or correct the violation after
notification thereof.
(g) The owner/applicant, as part of the owner/applicant' s business
activity within the City of Miami Beach, knowingly lets, leases, or
gives space for unlawful gambling purposes at the owner/applicant ' s
premises.
(h) The owner/applicant within the preceding 5 years in this
state, any other state, or the United States, has been adjudicated
guilty of or forfeited a bond when charged with soliciting for
prostitution, pandering, letting premises for prostitution, keeping
a disorderly place, illegally dealing in narcotics, or any other
crime reflecting on professional character.
(i) The premises have been condemned by the local health authority
for failure to meet sanitation standards or the premises have been
condemned by the local authority because the premises are unsafe or
unfit for human habitation.
(j ) The owner/applicant' s premises have been found to constitute
a public nuisance by the Nuisance Abatement Board.
The suspension or revocation shall be of the certificate of use in
effect at the date of such suspension or revocation, even though it
may have been issued to an owner/applicant other than the person
who held the certificate of use at the time the cause for such
suspension or revocation arose.
No certificate of use shall be suspended under this section for a
period of more than 12 months. No new certificate of use shall he
issued to the owner/applicant, or to any other firm in which the
owner/applicant or any of its stockholders is interested, for any
premise during the term of such suspension or revocation. At the
6
end of such period of suspension or revocation the owner/applicant
may apply for a new certificate of use.
Sec. 8-7 Standards; rule-making authority.
A suspension not exceeding six months shall be imposed in cases
where the owner/applicant's violation is shown to be inadvertent
and can be promptly corrected by the owner/applicant; a revocation
of the certificate of use shall be imposed in all other cases. The
City Manager shall have the authority to adopt written
administrative rules to enforce the provisions of this article,
which rules shall have the force and effect of city law provided
the rules are approved by the city attorney and ratified by the
city commission.
Sec. 8-8. Notice of violation; emergency action.
If the City Manager or his designee believes that an
owner/applicant has engaged or is engaged in conduct warranting the
suspension or revocation of a certificate of use, he shall serve
the owner/applicant by certified mail or hand delivery, at his
business address as disclosed in his application for the
certificate of use, a written administrative complaint which
affords reasonable notice to the owner/applicant of facts or
conduct which warrant the intended action. The complaint shall.
state what is required to be done to eliminate the violation if
any.
The owner/applicant shall be given adequate opportunity to request
a prior administrative hearing as specified hereinbelow, unless the
City Manager finds that an emergency condition exists involving
serious danger to public health, safety or welfare, in which case
advance notice and hearing shall not be required. In the case of
an emergency suspension or revocation, the owner/applicant shall
immediately be advised of the City Manager's action and afforded a
prompt post-suspension or revocation hearing in accordance with
7
section 8-10 of this article.
Sec. 8-9 . Hearing when owner/applicant or permittee fails to comply
with notice.
If an owner/applicant or permittee fails to comply with any notice
issued as provided above, the City Manager or his designee may
issue an order in writing to the owner/applicant, by certified
mail, notifying him to appear at an administrative hearing before
the City Manager or his designee to be held at a time to be fixed
in such order, which date shall be not less than five days after
service thereof . In the event an owner/applicant fails to comply
with a lawful order of the City Manager or his designee, the City
Manager or his designee may order the closing of the offending
business and enforce his order by action of Miami Beach Police
Department, contracted services or other city forces. The cost of
the enforcement action shall be placed as a lien against the
owner/applicant' s real and personal property.
Sec. 8-10. Hearing procedures.
Upon order of the City Manager or upon the request of a person
whose certificate of use has been denied or revoked or suspended by
emergency order of the City Manager or whose certificate of use has
been threatened with denial, revocation or suspension by the City
Manager or his designee, or upon the request of any other
owner/applicant affected by action of the city, a hearing shall be
pr.{;vided. The hearing shall be conducted in the following manner:
(a) City Manager Review
(1) Other than as set forth in (b) hereinbelow, the City
Manager or his designee shall give written notice of the
time and place of the hearing to the owner/applicant and
to the City Attorney's office.
(2) the proceedings shall be informal but shall afford
8
the owner/applicant the right to testify in his own
defense, present witnesses, have legal counsel present,
submit relevant evidence and cross-examine witnesses.
(3) Within ten days of the close of the hearing the City
Manager or his designee shall render his decision in
writing determining whether or not the owner/applicant's
certificate of use shall be revoked or suspended or
denied, or other action taken or continued, as the case
may be and stating his reasons and findings of fact.
(4) The City Manager or his designee shall file his
findings with the city clerk and shall send a true and
correct copy of his order by registered mail, return
receipt requested, to the business address listed on the
certificate of use or to any such other address as the
owner/applicant shall designate in writing.
(b) Board of Adjustment Review.
Denial of a certificate of use for lack of proper zoning shall
be appealable to the Board of Adjustment pursuant to Section
16-7A. 1. of the City of Miami Beach Zoning Ordinance 89-2665.
(c) Administrative Rulings as Final.
The City Manager 's/Board of Adjustment' s findings shall
constitute the final administrative action of the City of
Miami Beach for purposes of judicial review under Florida law.
The standard of review shall be whether the City Manager/Board
of Adjustment's action or decision is supported by substantial
competent evidence and whether the administrative hearing
departed from the essential requirements of law.
SECTION 2 . REPEALER
All ordinances or parts of ordinances in conflict herewith be and
9
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 September 26 1992 .
PASSED and ADOPTED this 16th day of September
1992 .
ir
MAYOR
Attest:
(Askc...c1 � ...�-
City Clerk
1st reading 9/2/92
2nd reading 9/16/92
FORM APPROVED
LEGAL DEPT.
By 60.44441. ,k SC4ft
Date 8`"28- 9.2
10
•
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX:: (305) 673-7782
COM MISSION MEMORANDUM NO. 6)41_92_ Rema"
TO: Mayor Seymour Gelber and DATE: August 11, 1992
Members of the City Commission
FROM: Roger M. Carat AO
City Manager 4
SUBJECT: REVISIONS TO CHAPTER 8 OF THE CITY CODE PERTAINING TO
CERTIFICATE OF USE
Administrative Recommendation
The Administration recommends that the proposed amendments of
Section 8-3 (h) (3) and 8-5 of the City Code pertaining to
Certificates of Use be approved.
Analysis:
Sect. 8-3 (h) (3) (a) (1) - Has been deleted.
Sect. 8-3 (n) (3) (a) (2) - Amended to include office buildings and
require each unit occupied to obtain a
separate certificate of use and
renumbered.
Sect. 8-3 (h) (3) (b) - This section has been added to clarify
renewal procedures by specially
maintaining renewal date and penalties for
late payment.
Sect. 8-3 (h) (3) (g) - The fee schedule has been amended to
provide a 50% increase in fees.
Sect. 8-5 (a) - Special Master specifically mentioned 8-
5(c) inaccurate reference to Article II,
Chapter 20 deleted.
CONCLUSION
This proposed amendment provides for a 50 percent increase in
existing certificate of use fees. The annual revenue increase is
anticipated to be $110, 000. This will be the first increase since
the inception of the ordinance in 1988.
The Planning & Zoning, Building, and Fire Departments are all
involved in the Certificate of Use approval process. In many cases
multiple inspections are required before approval. The costs of
the original inspections, the annual follow ups, and administration
have grown over the years.
Estimates for the minimum cost of each department's inspection are
listed below.
63
AGENDA R
ITEM ' l - G
DATE q- 111 -� 2--
Cost of Inspections
Building Dept. $25. 00
Planning & Zoning Dept. $12 . 50
Fire Dept. $20 . 50
In addition these amendments provide clarification of renewal
procedures and require that a certificate of use be obtained for
each unit occupied providing for easier implementation and
enforcement.
61
•
co O O
a) 4-I 4_
0
a a) O
a co
0• 4-I +J ri a
�f D, O .0 4-1
a v a D civ
t\ .a G •r-1
:V a
�
I o o a •••-•-•a) Q 41
�' U •ri .CM co -0
• i> N CA 00 Ca U
+J .--I = 4-1
a 0 o a)
U ao,c) o .0 a)
r s2 a1 a) }J a ca o
v P4 4•J ro a
u 1J u cv
ro bD•r1 a) o -
.:`) 4
', 0 ..n-1 -1 3 r�
•r-1 r-I m +J
J
ro M = a )-I 4-1 .
•r1 Pq CO ca U •
•
,t)4) ro t40 ) '0 •r1-1 ;J
a C a D, bA •
ri r-1 •r1 d-+ 1-1 4-1 c •
a cd Pa a u Lk o