Resolution 2024-32922 RESOLUTION NO.! 2024-32922
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF .MIAMI BEACH, FLORIDA, DIRECTING THE CODE COMPLIANCE
DEPARTMENT TO PRIORITIZE ENFORCEMENT OF THE CITY'S LAWS
PERTAINING TO VESSELS THAT MAKE UNLAWFUL USE OF PUBLIC AND
PRIVATE PROPERTY, INCLUDING COMMERCIAL VESSELS THAT
UNLAWFULLY USE PUBLIC PROPERTY FOR THE EMBARKATION AND
DISEMBARKATION OF PASSENGERS, AND VESSELS USED FOR
ILLEGAL SHORT-TERM RENTALS WITHIN THE CITY LIMITS.
WHEREAS,the protection of the health, safety, and general welfare of the City's residents
and visitors is the most fundamental function of the City government; and
WHEREAS, the City has seen an increasingly large number of vessels and dinghies
operating within its jurisdictional limits and the sizeable number of individuals boating has posed
numerous challenges for the City; and
WHEREAS, the City's seawalls and other shoreline protection structures are designed to
prevent erosion and flooding caused by tidal flood conditions and coastal water levels associated
with sea level rise and weather-related events; and
WHEREAS, Section 66-151 of the City Code prohibits the launching, docking, or removing
of any vessel from the waters of the City over any public seawall except in the case of an
emergency involving safety to life or property, in addition to prohibiting the docking or mooring to
the public seawalls.; and
WHEREAS, however, many vessels continually remain docked, moored, and/or tied up to
the public seawalls for hours (or days) at a time; and
WHEREAS, the increase of vessels illegally docking, mooring, or tying up to the seawalls
and other City property can damage or cause instability to such seawalls and other property; in
addition to increasing the City's potential legal liability if people injure themselves or others during
such actions; and
WHEREAS, the City Code also requires commercial charters operating on, or from, any
real property in the City to obtain a business tax receipt ("BTR") and abide by all state and local
regulations in conducting their business operations; and
WHEREAS, the City has received numerous complaints of commercial charter vessels
(and other vessels) illegally using the public seawalls and other public property for the
embarkation and/or disembarkation of passengers, and the loading or unloading of food, goods,
equipment fuel and supplies; and
WHEREAS, Section 82-1 of the City Code prohibits any person or any commercial
business operator from conducting any portion of a commercial transaction, activity or operation
at any park, boat ramp, beach, structure, building or other property or place owned, maintained,
or operated by the City; and
WHEREAS, moreover, the Code Compliance Department has reported numerous
instances of liveaboard vessels being advertised as party vessels or as a short-term rental
property; and
WHEREAS, vessels used on a transient basis, or for another form of commercial activity
can create safety concerns regarding excessive numbers of guests, noise, and sanitation issues,
as well as causing various adverse quality of life impacts on the surrounding residences and
residential neighborhoods; and
WHEREAS, short-term rentals are only legally permissible in certain areas of the City and,
even in such areas, a BTR is required; and
WHEREAS, Section 142-109 of the City Code prohibits commercial activity in residential
areas and Section 102-377 of the City Code prohibits any business (for which a tax receipt is
required)to operate without first obtaining a business tax receipt; and
WHEREAS,,by prioritizing this enforcement and deploying appropriate code enforcement
personnel, the City Administration can better remediate these ongoing issues and convey the
message that such illegal actions will not be tolerated in the City.
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 direct the Code Compliance Department to prioritize enforcement of the
City's laws pertaining to vessels that make unlawful use of public and private property, including
commercial vessels that unlawfully'use public property for the embarkation and disembarkation
of passengers, and vessels used for illegal short-term rentals within the City limits.
" PASSED and ADOPTED this -2/ day of CeOr'uary , 2024.
ATTEST:
FEB 2 3 2024 . . Steven Meiner, Mayor
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NM.,,,,,
Rafael E. ranado, City Clerk =��1 B cyti
(Sponsored by Commissioner Tanya Bhatt) s IINCORP OKAYED; t
Co-Sponsored by Commissioner David Suarez ... :M
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Co-Sponsored by Commissioner Joseph Magazine
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
in -ay
City Attorney Date
Resolutions-C7 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: February 21, 2024
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CODE COMPLIANCE
DEPARTMENT TO PRIORITIZE ENFORCEMENT OF THE CITY'S LAWS
PERTAINING TO VESSELS THAT MAKE UNLAWFUL USE OF PUBLIC AND
PRIVATE PROPERTY, INCLUDING COMMERCIAL VESSELS THAT
UNLAWFULLY USE PUBLIC PROPERTY FOR THE EMBARKATION AND
DISEMBARKATION OF PASSENGERS, AND VESSELS USED FOR
ILLEGAL SHORT-TERM RENTALS WITHIN THE CITY LIMITS.
BACKGROUND/HISTORY
Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
The proposed Resolution was prepared at the request of the sponsor, Commissioner Tanya
Bhatt.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
The sponsor of this item requests that the Administration be prepared to address the fiscal
impact of this proposed measure, if any, at the City Commission Meeting.
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Page 377 of 1278
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Tanya K. Bhatt
ATTACHMENTS:
Description
❑ Resolution
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Page 378 of 1278