Resolution 2023-32475RESOLUTION NO: 2023-32475
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ENDORSING AND RECOGNIZING
THE CITY ATTORNEY'S OFFICE AND THE CITY ADMINISTRATION'S
PROACTIVE EFFORTS TO SEEK. INJUNCTIONS IN STATE COURT TO
ENFORCE THE CITY'S QUALITY -OF -LIFE ORDINANCES, INCLUDING
ITS SHORT-TERM RENTAL AND NOISE REGULATIONS, AND
PROTECT RESIDENTS FROM REPEAT OFFENDERS WHO CREATE
NUISANCES.
WHEREAS, the Mayor and City Commission of the City of Miami Beach ("the
City") enact legislation to protect the peace, tranquility, and quality of life of our City's
residents and visitors; and
WHEREAS, this legislation includes regulation in our City Code of many quality -
of -life issues, including, but not limited to, regulation of unreasonable noise and short-
term rentals in residential neighborhoods; and
WHEREAS, the City's Code Compliance Department and Police Department work
diligently to enforce our quality -of -life ordinances, and most individuals and businesses
bring themselves into compliance with our laws upon notification from the Code
Compliance -Department and Police Department that they are in violation of the
ordinances; and
WHEREAS, Florida law limits the amounts for fines that the City may impose upon
individuals and businesses for violation of our City Code; and
. WHEREAS, a small subset of individuals and businesses refuse to bring
themselves into compliance with City laws, preferring to pay the limited fines allowed
under Florida law as a cost of doing business (or even simply refuse to pay fines after
they are imposed by the City and the City's duly appointed Special Magistrates); and
WHEREAS, Florida law and the City Code allow the City to enforce compliance
with its ordinances in state courts by means of such legal and equitable 'actions as
declarations of nuisance, actions to collect debts owed to the City, actions to foreclose
on the City's liens for debts owed, and actions to enjoin continued violation of the City
Code; and
WHEREAS, one example described above is of a property owner of a residential
property and illegal short-term tenant who have been the subject of 29 noise complaints
and 42 citations in the last year alone for short-term rental violations, noise violations,
and others, but have explicitly refused to bring themselves into compliance with City
laws; and
WHEREAS, -the City Attorney's Office and the City Administration have
proactively begun the process to bring these repeat violators before the court to seek
an order declaring the property a nuisance, ordering them to pay the debts owed to the
City for unpaid fines, ordering foreclosure on the property to enforce the City's liens,
and enjoining continued -violation of City laws, and
WHEREAS, accordingly, the Mayor and City Commission hereby endorse and
recognize. the City Attorney's Office and the City Administration's proactive efforts to
utilize the power of the court to enforce the City's lawful regulation of its quality -of -life
ordinances, including its short-term rental and noise regulations, against continued
violations of the City Code by violators who refuse to comply with City laws.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby endorse and recognize the City Attorney's Office and the City
Administration's proactive efforts to seek injunctions in state court to enforce the city's
quality -of -life ordinances, including its short-term rental and noise regulations, and
protect residents from repeat offenders who create nuisances.
PASSED and ADOPTED this
ATTEST:
day of February, 2023.
FEB 0 8 2023
Rafael E. Granado, City Clerk
Dan Gelber, Mayor
(Sponsored by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attomey
2
Resolutions - C7 AH
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: February 1, 2023
SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ENDORSING AND RECOGNIZING THE
CITY ATTORNEY'S OFFICE AND THE CITY ADMINISTRATION'S
PROACTIVE EFFORTS TO SEEK INJUNCTIONS IN STATE COURT TO
ENFORCE THE CITY'S QUALITY -OF -LIFE ORDINANCES, INCLUDING ITS
SHORT-TERM RENTAL AND NOISE REGULATIONS, AND PROTECT
RESIDENTS FROM REPEAT OFFENDERS WHO CREATE NUISANCES.
RECOMMENDATION
Pursuant to the request of Commissioner Alex Fernandez the above -referenced Resolution is
submitted for consideration by the Mayor and City Commission at the February 1, 2023 City
Commission Meeting.
ViIj ;A ;L*1!4 d I► Lej&ilkl ATJ WAAYA
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
Does this item utilize G.O.
Bond Funds?
2C•
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Resolution
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