Ordinance 98-3110ORDINANCE NO.: 98-3110
AN ORDINANCE AMENDING CHAPTER 17B OF THE CITY CODE ENTITLED
"PROPERTY MAINTENANCE STANDARDS", AMENDING SECTION 17B-13 ENTITLED
"POWER TO ACT IN EMERGENCIES; EMERGENCY ORDER," BY EXPANDING THE
CONDITIONS FOR EMERGENCY ACTION, BY AMENDING SECTION 17B-18 ENTITLED
"PENALTY FOR VIOLATIONS OF CHAPTER; REMEDIAL ENFORCEMENT
PROCEDURES" BY SUBSTITUTING THE SPECIAL MASTER FOR THE CODE
ENFORCEMENT BOARD; BY CREATING SECTION 17B -18(a) ENTITLED "CRIMINAL
PENALTIES" BY ESTABLISHING CRIMINAL PENALTIES FOR VIOLATION OF THE
CHAPTER OR FAILURE TO COMPLY THEREWITH; BY AMENDING SECTION 17B-21
ENTITLED "BASIC EQUIPMENT, FACILITIES AND UTILITIES" BY ADDING SECTION
(i), REQUIRING THAT ALL BEDROOMS SHALL BE HEATED AND AIR CONDITIONED,
BY AMENDING SECTION 17B-23 ENTITLED "SAFE AND SANITARY MAINTENANCE
OF STRUCTURE AND FACILITIES" BY ELIMINATING THE WORD "REASONABLY";
BY AMENDING SECTION 17B-28, ENTITLED "RESPONSIBILITIES OF OWNER AND
OCCUPANTS" TO PROVIDE FOR ADDITIONAL RESPONSIBILITIES OF OWNERS AND
LANDLORDS OF DWELLINGS WITH REGARD ENSURING COMPLIANCE WITH
OCCUPANCY LEVEL STANDARDS SET FORTH IN SECTION 17B -24(a), BY AMENDING
SECTION 17B-29 ENTITLED "RESPONSIBILITIES OF OWNER OF VACANT
BUILDINGS, VACANT STRUCTURES AND VACANT OR UNIMPROVED LOTS" BY
ELIMINATING THE WORD "REASONABLY"; PROVIDING FOR CODIFICATION,
SEVERABILITY, REPEALING ALL ORDINANCES IN CONFLICT THEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE".
WHEREAS, Chapter 17B of the Miami Beach City Code ("City Code") sets forth property
maintenance standards and regulations for the City of Miami Beach; and
WHEREAS, in order to strengthen the ability to take emergency action under Section 17B-
13 of the City Code, the City Commission deems it in the interest of public health, safety, and
welfare to expand the conditions when emergency action may be taken; and
WHEREAS, the Miami Beach Code Enforcement Board, which heard all cases concerning
violations of Chapter 17B, has been abolished and replaced by a Special Master procedure, thereby
necessitating a correction to Section 17B-18 of the City Code to reflect this change; and
WHEREAS, once a case is heard before the Special Master and a daily fine has been
accruing on the property and compliance has not been achieved, further enforcement is needed; and
WHEREAS, the creation of Section 17B -18(a) is established to provide for criminal
penalties, thereby providing for further enforcement action; and
WHEREAS, all Adult Congregate Living Facilities under the City Code are required to
provide air conditioning and heat, the City Commission deems it necessary to provide in Section
17B-21 that all bedrooms be provided with such; and
WHEREAS, in order to strengthen the enforcement of the Code and provide uniformity and
clarity, the words "reasonably" be eliminated in Section 17B-23 and 17B-29; and
WHEREAS, Subsection 17B -24(a) of the City Code entitled "Living space, size, use and
location requirements" provides that "[i]n every dwelling of two or more rooms, every room
occupied for sleeping purposes by an occupant shall contain at least seventy square feet of floor
space and every room occupied for sleeping purposes by more than one occupant shall contain at
least fifty square feet of floor space for each occupant thereof," and
WHEREAS, in order to strengthen the enforcement of occupancy requirements set forth in
Subsection 17B -24(a) of the City Code, the City Commission deems it necessary to specifically
provide in Section 17B-28 that owners and landlords of dwellings shall be held responsible for
violations of Subsection 17B -24(a).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 17B-14.
That Section 17B-13 of Miami Beach City Code Chapter 17B, entitled "Power to act in
emergencies; emergency order" shall be amended as follows:
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Section 17B-13. Power to act in emergencies; emergency order.
For the purpose hereof, an emergency is defined to mean a relatively permanent condition
of insufficiency of service or of facilities resulting in immediate peril or threat to the health, safety
or general welfare of the occupant of the facility or premises in question or to the general public.
Whenever the code inspector finds that a violation of the provisions of this chapter exists which is
an emergency and requires immediate action to abate a direct and continuing hazard or immediate
danger to the health, safety or welfare of the occupants or the public, such inspector shall, after
giving notice of the violation within a period of forty-eight hours after such finding by such service
as provided for in section 17B-12 issue an emergency order, designated as such, citing the violation
and directing that such action be taken as may be necessary to remove or abate the hazard or danger.
Immediate action, as set forth herein, shall be mandatory in regard to defective or inoperative
equipment or facilities, including, but not limited to, the following: individual air conditioning units
or central air conditioning, toilets, sinks, roof leakage (temporary repair), broken windows, stoves,
refrigerators, flooding and broken pipes, raw sewage leakage, and infestation of rats, mice ,roaches
or other vermin. Notwithstanding any other provision of this chapter, such emergency order shall
be effective immediately or as otherwise provided.
SECTION 2: AMENDMENT OF SECTION 17B-18
That Section 17B-18 of Miami Beach Code Chapter 17B entitled, "Penalty for violation of
Chapter; remedial enforcement procedures" shall be amended as follows:
Section 17B-18. Penalty for violation of Chapter; remedial enforcement procedures.
It shall be unlawful for any person to fail to comply with the minimum standards established
by this chapter, or to fail or refuse to comply with the requirements of any final order issued in
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accordance with the provisions of this chapter. If any person shall knowingly fail or refuse to obey
or comply with, or willfully violates any of the provisions of this chapter, or any lawful final order
issued hereunder, such person shall be subject to enforcement procedures before the Miami -Beach
code enforcement board Special Master and to penalties as set forth in Miami Beach City Code
Chapter 9B.
SECTION 3: CREATION OF SECTION 17B -18(a)
That Section 17B -18(a) of Miami Beach City Code Chapter 17B, entitled, "Criminal
Penalties" be established as follows:
Section 17B -18(a). Criminal Penalties
Any person who shall violate a provision of this chapter or fails to comply therewith, or any
of the requirements thereof, shall upon conviction thereof in the County Court, be punished by a fine
not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for not more
than sixty (60) days or by both such fine and imprisonment.
SECTION 4: AMENDMENT OF SECTION 17B-21
That Section 17B-21 entitled "Basic equipment, facilities and utilities" shall be amended as
follows:
Section 17B-21. Basic equipment, facilities and utilities:
All buildings vacant or occupied shall comply with following requirements:
(i) All bedrooms shall be heated and air-conditioned with a reverse cycle wall unit or
central air-conditioning unit.
4
SECTION 5: AMENDMENT OF SECTION 17B-23
That Section 17B-23 of Miami Beach City Code Chapter 17B, entitled "Safe and sanitary
maintenance of structures and facilities" shall be amended as follows:
Section 17B-23. Safe and sanitary maintenance of structures and facilities:
All buildings vacant or occupied shall comply with the following requirements:
(a) All foundation walls shall be structurally sound, reasenably rodent proof and maintained
in good repair. Foundation walls shall be considered to be sound if they are capable of bearing
imposed loads are not deteriorated.
(b) Every building shall be reasenat ly- weathertight and rodent proof. Floors, walls, ceilings
and roofs shall be capable of affording adequate shelter and privacy and shall be kept in good repair.
Windows and exterior doors shall be reasenab1y weathertight, watertight and rodent -proof and shall
be maintained in good working condition. All interior and exterior parts of any dwelling including
hotel or motel units, that show evidence of rot, deterioration or need for repainting shall be repaired,
replaced or repainted whenever deemed necessary by the code inspector, unless such surface is
covered by paneling, wallpaper or other similar covering in which event such shall be thoroughly
washed and scrubbed whenever deemed necessary by the code inspector. Whenever repair or
repainting of a portion of any interior part shall be required, the entire interior of that room shall be
repainted.
SECTION 6. AMENDMENT OF SECTION 17B-28
That Section 17B-28 of Miami Beach Code Chapter 17B entitled, "Responsibilities of
owners and occupants" shall be amended as follows:
5
Section 17B-28. Responsibilities of owners and occupants.
All buildings vacant or occupied shall comply with the following requirements:
Every owner or landlord of a dwelling shall be responsible for any violation of the
occupancy level standards set forth in Subsection 17B -24(a) herein.
(p)
Exception. Subsections 17B-28(a),(e),(h),(k), and (n) shall not apply to boarded
buildings as defined in Section 17B-6.
SECTION 7. AMENDMENT OF SECTION 17B-29
That Section 17B-29 of Miami Beach Code Chapter 17B entitled "Responsibilities of owners
of vacant buildings, vacant structures and vacant or unimproved lots" shall be amended as follows:
Section 17B-29 Responsibilities of owners of vacant buildings, vacant structures, and
vacant or unimproved lots.
All buildings vacant or occupied buildings shall comply with the following requirements:
*
(e) Every owner of a vacant building, structure or lot shall keep the premises reasenably
free from rodents, insects, and vermin.
* * *
SECTION 8. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or
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other appropriate word.
SECTION 9. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 10. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 11. EFFECTIVE DATE.
This Ordinance shall take effect ten days after its adoption on the
June , 1998.
PASSED AND ADOPTED this 3rd day of June
ATTEST:
PakSIA
CITY CLERK
F:\CODE $ALL\CITYMGRII7BORD.
1st reading 5/6/98
2nd reading 6/3/98
7
13th day of
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney — C�
CITY OF MIAMI BEACH
;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
lttp: ;',ci. miami-beach. fl. us
TO:
Members of the City Co I ission
COMMISSION MEMORANDUM NO. 5_4328
Mayor Neisen O. Kasdin and
FROM: Sergio Rodriguez
City Manager
f
SUBJECT: ORDINAN' ENDING CHAPTER 17B OF THE CITY CODE
REGARDING PROPERTY MAINTENANCE STANDARDS TO PROVIDE
ADDITIONAL OWNER AND LANDLORD RESPONSIBILITY FOR
VIOLATIONS OF OCCUPANCY LEVEL STANDARDS TO PROVIDE FOR
CRIMINAL PENALTIES, EXPANDING THE CONDITIONS FOR
EMERGENCY ACTION, REQUIRE ALL BEDROOMS TO BE HEATED
AND AIR-CONDITIONED, STRENGTHENING THE CODE BY
ELIMINATING THE WORD "REASONABLY", AND REPLACING THE
CODE ENFORCEMENT BOARD WITH THE SPECIAL MASTER.
DATE: June 3, 1998
ADMINISTRATIVE RECOMMENDATION:
Adopt the amendments to the Ordinance on second and final reading.
BACKGROUND
Pursuant to the request of Commissioner Martin Shapiro, an Ordinance amending Chapter 17B of
the City Code was drafted by the City Attorney's Office. The Ordinance amends Chapter 17B-28
to specifically provide that owners and landlords be responsible for any violations of occupancy
level standards for dwellings. A "clean-up" amendment was made to Section 17B-18 to reflect the
fact that enforcement proceedings are held before the Special Master, not the abolished Code
Enforcement Board. The above amendments were scheduled to be heard before the City
Commission on April 1, 1998. The ordinance was not reached. The matter was deferred to the April
15, 1998, City Commission Agenda.
A request was made by Commissioner Liebman to strengthen the Minimum Housing Code by
amending Chapter 17B. The proposed amendments were discussed at the Neighborhood Committee
Meeting on March 2, 1998. The proposed amendments are as follows:
1) expand the hazard or dangerous conditions that would be required to take emergency
action against a building.
2) provide for criminal penalties for landowners who fail to comply with a Notice of
Violation.
3) eliminate the word "reasonably" throughout the various sections of Chapter 17B when
describing how a building shall be maintained.
4) provide that all bedrooms be air-conditioned and heated.
AGENDA ITEM R 6
DATE -3 -9 8
The Committee unanimously voted to forward the proposed amendments to Chapter 17B to the City
Commission for approval. The ordinance was approved on first reading by the City Commission
on May 6, 1998.
SR:I:AC:ebt
F:\CODE\SALLICITYMGR\I7B. WPD
C I T Y OF MIAMI BEACH -
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the
2ity of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention
=enter Drive, Miami Beach, Florida, on Wednesday, June 3, 1998, at the times listed below, to
:onsider the adoption of the following ordinances:
3t 10:15 a.m.:
\N ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 20, ENTITLED "BUSINESS LICENSES", AMENDING
iECTION 20-32, ENTITLED "PARKING LOT; EXEMPTIONS; VALET PARKING" BY PROVIDING FOR NEW INSURANCE
2EQUIREMENTS; PROVIDING FOR THE IDENTIFICATION AND PROOF OF SUFFICIENT VEHICLE STORAGE SPACE;
?ROVIDING FOR THE REQUIREMENT OF PROVIDING A COPY OF THE BUSINESS LICENSE FOR THE STORAGE SPACE;
?ROVIDING FOR THE IDENTIFICATION OF THE STORED VEHICLE THROUGH A TICKET STUB; PROVIDING FOR
?EVISIONS TO THE PUBLIC ON-STREET/CURBSIDE PARKING SPACE RENTAL RATES; PROVIDING FOR REVISIONS TO
'HE VIOLATIONS FINE SCHEDULE; PROVIDING FOR AN EMPLOYEE/VALET OPERATOR CODE OF CONDUCT; AND
?ROVIDING FOR A REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
_NQUIRIES may be directed to the Parking Department at 673-7505.
it 10:30 a.m.:
;N ORDINANCE AMENDING CHAPTER 17B OF THE CITY CODE ENTITLED "PROPERTY MAINTENANCE STANDARDS",
MENDING SECTION 17B-13 ENTITLED "POWER TO ACT IN EMERGENCIES; EMERGENCY ORDER," BY EXPANDING THE
'ONDITIONS FOR EMERGENCY ACTION, BY AMENDING SECTION 17B-18 ENTITLED "PENALTY FOR VIOLATIONS OF
:HAPTER; REMEDIAL ENFORCEMENT PROCEDURES" BY SUBSTITUTING THE SPECIAL MASTER FOR THE CODE
:NFORCEMENT BOARD; BY CREATING SECTION 17B -18(A) ENTITLED "CRIMINAL PENALTIES" BY ESTABLISHING
:RIMINAL PENALTIES FOR VIOLATION OF THE CHAPTER OR FAILURE TO COMPLY THEREWITH; BY AMENDING SECTION
.7B-21 ENTITLED "BASIC EQUIPMENT, FACILITIES AND UTILITIES" BY ADDING SECTION (I), REQUIRING THAT
:LL BEDROOMS SHALL BE HEATED AND AIR CONDITIONED, BY AMENDING SECTION 17B-23 ENTITLED "SAFE AND
'ANITARY MAINTENANCE OF STRUCTURE AND FACILITIES" BY ELIMINATING THE WORD "REASONABLY"; BY
.MENDING SECTION 17B-28, ENTITLED "RESPONSIBILITIES OF OWNERS AND OCCUPANTS" TO PROVIDE FOR
DDITIONAL RESPONSIBILITIES OF OWNERS AND LANDLORDS OF DWELLINGS WITH REGARD TO ENSURING COMPLIANCE
'ITH OCCUPANCY LEVEL STANDARDS SET FORTH IN SECTION 17B -24(A), BY AMENDING SECTION 17B-29 ENTITLED
RESPONSIBILITIES OF OWNER OF VACANT BUILDINGS, VACANT STRUCTURES AND VACANT OR UNIMPROVED LOTS"
Y ELIMINATING THE WORD "REASONABLY": PROVIDING FOR CODIFICATION, SEVERABILITY, REPEALING ALL
RDINANCES IN CONFLICT THEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE".
NQUIRIES may be directed to the Code Compliance Division at 673-7555.
11 persons are invited to appear at this meeting or be represented by an agent, or to express
heir views in writing addressed to the City Commission c/o the City Clerk, 1700 Convention Center
rive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available
or public inspection during normal business hours in the City Clerk's office. The hearing on
hese Ordinances may be continued at this meeting and under such circumstances, additional legal
Dtice would not be provided.
irsuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person
ecides to appeal any decision made by the City Commission with respect to any matter considered
its meeting or its hearing, such person must ensure that a verbatim record of the proceedings
s made, which record includes the testimony and evidence upon which the appeal is to be based.
its notice does not constitute consent by the City for the introduction or admission of otherwise
zadmissable or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
_lowed by law.
accordance with the Americans with Disabilities Act of 1990, persons needing special
:commodation to participate in this proceeding should contact the City Clerk's office no later
:an four days prior to the proceeding. Telephone (305) 673-7411 for assistance; if hearing
ipaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770
DICE), for assistance.
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