HomeMy WebLinkAboutOrdinance 2024-4684 ORDINANCE NO. 2024-4684
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 58 OF THE MIAMI
BEACH CITY CODE, ENTITLED "HOUSING," BY AMENDING ARTICLE 111,
ENTITLED "PROPERTY MAINTENANCE STANDARDS," BY AMENDING
SECTION 58-298 THEREOF TO REQUIRE PROPERTY OWNERS OF
COMMERCIAL, HISTORICALLY DESIGNATED BUILDINGS IN THE ART
DECO CULTURAL DISTRICT TO MAINTAIN THE HISTORIC CHARACTER
BY PROMPTLY ADDRESSING EXTERIOR MAINTENANCE,
UNAPPROVED SIGNAGE OR AWNINGS, AND OTHER VISUAL BLIGHT
VIOLATIONS; AND, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the Art Deco Cultural District(the"ADCD" or the"District")is one of Miami
Beach's most iconic and internationally recognized neighborhoods, attracting visitors from
around the world and playing a vital role in the City's cultural identity and tourism economy;
and
WHEREAS, the ADCD is home to a unique collection of historic buildings, many of
which embody the distinctive architectural styles that have made Miami Beach a global
landmark in art deco design; and
WHEREAS, the visual appeal and historic integrity of the buildings within the ADCD
are central to maintaining the District's charm, vibrancy, and overall allure as a cultural and
tourism destination; and
WHEREAS, Chapter 58 of the Miami Beach City Code outlines the minimum
maintenance standards for buildings within the City, which includes requirements that ensure
the preservation of a building's aesthetic appeal and prevent visual blight; and
WHEREAS, the Mayor and City Commission recognize that exterior degradation,
neglect, or unsightly conditions, detract from the visual cohesion of the Art Deco Cultural
District and ultimately diminish the experience for residents and visitors alike; and
WHEREAS, the Mayor and City Commission believe that prioritizing the upkeep of
historical features of the ADCD, and the enforcement, and prosecution of violations that
create visual blight in the ADCD will improve the area's aesthetic appeal and contribute to the
long-term preservation of the District's charm and beauty; and
WHEREAS, with these objectives in mind, the Mayor and City Commission wish to
amend Chapter 58 to require property owners of commercial, historically designated buildings
in the Art Deco Cultural District to maintain the historic character by promptly addressing
exterior maintenance, unapproved signage or awnings,and other visual blight violations,with
the exception of properties undergoing a recertification process.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Article III of Chapter 58 of the City Code, entitled "Property Maintenance
Standards" is hereby amended as follows:
Chapter 58
HOUSING
ARTICLE Ill. PROPERTY MAINTENANCE STANDARDS
DIVISION 2, ADMINISTRATION
Subdivision 1. Generally
Sec. 58-201. Penalty for violation of article; remedial enforcement procedures.
(a) it shall be unlawful for any person to fail to comply with the minimum standards
established by this article, or to fail or refuse to comply with the requirements of any final
order issued in accordance with the provisions of this article. If any person shall
knowingly fail or refuse to obey or comply with or willfully violates any of the provisions
of this article, or any lawful final order issued under this article, such person shall be
subject to enforcement procedures before the special magistrate and to penalties as set
forth in chapter 30 of this Code.
(b) As a cumulative and supplemental method of enforcing the remedial purposes of this
article, the code inspector is authorized,empowered and directed, in the event of a willful
and intentional failure or refusal to obey or comply with the requirements of any final
order issued in accordance with the provisions of this article ten days after date of receipt
of such notice, to carry out or cause to be carried out the provisions of such final order.
Bids may be requested for the work and material as a whole or for any part thereof,
separately. The code inspector shall have the right to reject any or all bids; and if all bids
are rejected, the code inspector may readvertise for all or part of such work and
materials, or may determine to do all or a part of the work by city forces. After a contract
shall have been entered into for any work or materials required for compliance, or if the
work or materials are performed or furnished by city forces, the code inspector shall
prepare an appropriate claim of lien which shall set forth the following:
(1) A description of the lots and parcels of land involved;
(2) The name of the owner of each lot or parcel where such can be ascertained from
the city records;
(3) The total cost of the work and materials which, if made by contract, shall be the price
named in the contract;or the price computed from unit prices named in the contract,
taking into consideration minor changes and alterations found necessary; but if city
forces shall do the work or furnish the material, the actual cost of such work or
material; and
(4) The amount of incidental expenses, estimated or actual.
Such claim of existing lien or lien imposed later shall thereupon be filed of record in the public
records of the county and shall be treated as special assessment liens against the subject
real property, and until fully paid and discharged, shall remain liens equal in rank and dignity
with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens,
encumbrances, titles and claims in, to or against the real property involved. The maximum
rate of interest allowable by law shall accrue to such delinquent accounts. Such liens shall be
enforced by any of the methods provided in F.S. ch. 86; or, in the alternative, foreclosure
proceedings may be instituted and prosecuted under the provisions applicable to practice,
pleading and procedure for the foreclosure of mortgages on real estate set forth in Florida
Statutes,or may be foreclosed per F.S.ch. 173,or the collection and enforcement of payment
thereof may be accomplished by any other method authorized by law. The owner and/or
operator shall pay all costs of collection, including reasonable attorney fees, incurred in the
collection of fees, service charges, penalties and liens imposed by virtue of this article.
Sec. 58-202. When notice of violation or emergency order constitutes final order.
Any notice of violation provided for in section 58-231 shall automatically become a final
order in the event that no appeal from the notice of violation is filed with the special magistrate
within ten days after the date of service of the notice of violation, other than emergency orders,
as set forth in section 58-232. Any emergency order provided for in section 58-232 shall
automatically become a final order if no appeal from the emergency order is fled with the
special magistrate within 24 hours after the date of service of the emergency order, exclusive
of the date of service and intervening Saturdays, Sundays and legal holidays, if any. Orders
of the special magistrate affirming or modifying any action or decision of the code inspector
shall be recorded in the office of the clerk of the circuit court, so as to afford constructive
notice to prospective purchasers of the real property involved, of the nature and extent of the
violation involved, and the requirements for the correction thereof. Such recording shall be
made following the expiration of the time given to the appellant for the correction of the
violations specified, or any extension thereof granted by the special magistrate. The costs of
the recording of the order and satisfaction thereof shall be borne by the legal or beneficial
owner of the premises involved.
DIVISION 3. MINIMUM STANDARDS
Sec. 58-298. Responsibilities of owners and occupants.
(a) All buildings,vacant or occupied,shall comply with the requirements of subsections(b)—
(o) of this section.
(b) Every building shall be clean, sanitary and fit for occupancy.
(c) Every occupant of a building shall keep in a clean and sanitary condition that part of the
building and premises he occupies and controls, including yards, lawns, courts and
driveways.
(d) Every owner of a building containing three or more units shall be responsible for
maintaining in a clean and sanitary condition the shared or public areas of the building
and premises.
(e) Exterior premises shall be kept free from the excessive growth of weeds, grass and other
flora. The term "excessive' shall be interpreted as detrimental to the health, safety or
welfare of the occupants or the public.
(f) Every occupant of a building shall keep all plumbing fixtures, sanitary facilities,
appliances and equipment in that building in a clean and sanitary condition and shall
exercise reasonable care in the proper use and operation thereof.
(g) Every occupant of a building shall dispose of rubbish,garbage and other waste materials
in an approved sanitary manner. Garbage shall be placed in the garbage disposal
facilities or storage containers required in section 58-291(g),
(h) Every occupant of a building containing a single dwelling on any premises shall be
responsible for the extermination of any insects, rodents, vermin or other pests in the
building or on the premises; however, the extermination of termites, and other insects
that destroy the structure of the building, shall be the sole responsibility of the owner. If
there is more than one unit in a building,whether owned by individual or multiple owners,
including condominiums, co-operatives, townhouses, duplexes and similar structures,
the owner shall be responsible for the extermination of all insects, termites, and other
insects that destroy the structure of the building, rodents or other pests in the building or
on the premises, including public spaces of the building and outside premises. The
exterminator shall be permitted reasonable access to any building during daylight hours,
except for fumigation and like work for extermination of structural infestation, in which
case access for a reasonable amount of time necessary for such work shall be permitted
by the occupant and owner. The owner shall be responsible for adequate substitute
sleeping facilities of all occupants during the period of extermination for termites or
structural infestation.
(i) Every owner of a building shall, before renting or subletting to another occupant, provide
approved door and window screens whenever such screens are required under the
provisions of this article, and shall repair or replace them when necessary.
Q) Every owner shall grade and maintain the exterior premises so as to prevent the
accumulation of stagnant water on the premises.
(k) Animals and pets shall not be kept in any dwelling or on any premises in such manner
as to create unsanitary conditions or constitute a nuisance.
(1) Where a refrigerator, stove or air conditioner, whether individual units or central air
conditioning, is supplied by the owner, it shall be the duty and responsibility of such
owner to maintain each in good and proper working order.Where central air conditioning
is provided and not individually controlled by thermostat, it shall be the duty and
responsibility of the owner to operate the same continuously, maintaining a continual
temperature range between 70 and 76 degrees based on normal outside temperature
and humidity factors, on a 24-hour basis, except for minimal shutdown periods required
for reasonable maintenance and repair. Where air conditioning is provided and
individually controlled by thermostat, it shall be the duty and responsibility of the owner
to maintain such units so as to be capable of maintaining a continual temperature range
between 70 and 76 degrees on a 24-hour basis. The owner or operator of a commercial
4
building shall be required to operate central air conditioning only during normal business
hours.
(m) Every owner or owner's agent of a building that has rental units shall post a sign in a
conspicuous place, inside the vestibule or lobby of the building, indicating the names,
addresses and telephone numbers, local and foreign, of the owner or manager; but this
subsection shall not apply where there is a resident agent on the premises. Every owner
who does not maintain his principal residence within the county shall be required to
designate, in writing, to the city manager's designee some legally competent person who
shall be designated as the owner's agent and who shall reside within the county. Such
person shall be authorized by the owner to accept notices of violation, process and other
communications relating to the enforcement of this article. The owner shall obtain the
acceptance of such designation from the person so designated in writing and file it with
the city manager's designee at the time the designation is filed If the designated agent
resigns, retires, is terminated or the agency relationship is otherwise terminated, the
owner shall appoint another agent. The code inspector is authorized and directed to
prescribe a form for the purpose of implementing this subsection. The information to be
provided on the form shall include the name and residence address and telephone
number of the owner and designated agent, the address of the building, and the
designated agent's work address and telephone. The form shall be required to be
acknowledged before a notary or other person authorized by law to take oaths.
(n) Every owner of a building shall be responsible for removing unauthorized signs, posters
and graffiti from the building's exterior; those signs authorized or exempted by the city
zoning ordinance are exempted from this subsection.
(o) Every tenant shall provide reasonable access to repairmen or other services required to
rectify violations provided the landlord's representative or the tenant is on the premises.
(p) Every owner or landlord of a dwelling shall be responsible for any violation of the
occupancy level standards set forth in subsection (b).
(q) Subsections(b), (f), (i), 0)and (o)of this section shall not apply to boarded buildings.
(r) Every owner of a commercial historically designated building in the citv's Art Deco
Cultural District with the exception of those currently undergoing a recertification
process shall ensure that the building's historic character is properly maintained by
promptly addressing'#alti7 exterior maintenance issues such as peeling paint negiacted
facades and dilapidated architectural features; f:4XH) the Presence of signage awnings
or other elements that confligt with the historic character of the District and have not been
Properly approved by any applicable land use board and/or the Planning Department
and 4ediiiil any other violations of this article that contribute to visual blight. First violation
of this subsection will result in an automatic fine in the amount of$500 00 The violation
shall be cured within thirty 00),days of the issuance of the violation and failure to cure
will subject the violator to the enforcement procedures before the special magistrate as
set forth in chapter 30 of the City Code The special magistrate shall determine a
reasonable time period within which correction of the violation must be made and if
correction is not made within the period set by the special magistrate the violation will
be treated as a continuing violation and the additional penalty for each day of continued
violation shall be$1 MO PQ � rposes of this section lA r erties between 5th Stree
and 15th Street that front Ocean Drive Collins Avenue Washington Avenue sha(I be
e m d to be i0 the "Art Deco Cultural District" and (B1 a "histodg la lv designated
5
burl jng_me ns '1 ino within a bCall�istoric districts'1�Sign�ted�iC u&�tr i to QMOD
2 93 g of the Res'ifign�y�
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith
are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other
appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
This Ordinance shall take effect on the .7J day of 0tCN t/_, 2024.
PASSED AND ADOPTED this If day of_,Ncei*6ee , 2024.
ATTEST:
,/J DEC t 2 2024 n-�-�.•,_ Zc.M,-�..__
XI Steven Meiner, Mayor
Rafael E. Granaado, City Clerk
(Sponsored by Commissioner Kristen Rosen Gonzalez)
Co-Sponsored by Commissioner Tanya K Bhatt
Co-Sponsored by Commissioner Laura Dominguez
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
1� 17.)Y( aovg-
- G�ty AtYwney Data
6
Ordinances -R5 S
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: December 11, 2024 10,45 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING CHAPTER 58 OF THE MIAMI BEACH CITY
CODE, ENTITLED "HOUSING," BY AMENDING ARTICLE III, ENTITLED
"PROPERTY MAINTENANCE STANDARDS," BY AMENDING SECTION 58-298
THEREOF TO REQUIRE PROPERTY OWNERS OF COMMERCIAL,
HISTORICALLY DESIGNATED BUILDINGS IN THE ART DECO CULTURAL
DISTRICT TO MAINTAIN THE HISTORIC CHARACTER BY PROMPTLY
ADDRESSING EXTERIOR MAINTENANCE, UNAPPROVED SIGNAGE OR
AWNINGS, AND OTHER VISUAL BLIGHT VIOLATIONS; AND, PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUNDIHISTORY
The attached Ordinance was prepared at the request of Commissioner Kristen Rosen Gonzalez
and passed at first reading at the November 20, 2024 City Commission meeting.
The Ordinance has been revised for second reading to include the definition of the boundaries for
the Art Dew Cultural District as "properties between 5th Street and 15th Street that front Ocean
Drive, Collins Avenue or Washington Avenue` and to clarify the intended meaning of the term
"historically designated"as a building within a local historic district designated pursuant to Section
2.13.9 of the Resiliency Code.
ANALYSIS
The Art Deco Guttural District (ADCD) is one of Miami Beach's most iconic and internationally
recognized neighborhoods, drawing visitors worldwide and contributing significantly to the City's
cultural identity and tourism economy. Home to a unique collection of historic buildings,the ADCD
embodies the distinctive architectural styles that have made Miami Beach a global landmark in
Art Dew design,
The visual appeal and historic integrity of buildings within the ADCD are essential to preserving
the District's charm, vibrancy, and allure as a cultural and tourism destination. Chapter 58 of the
Miami Beach City Code currently outlines minimum maintenance standards for buildings within
the City, including provisions that ensure the preservation of a building's aesthetic appeal and
prevent visual blight.
However, exterior degradation, neglect, and unsightly conditions detract from the visual cohesion
of the ADCD and reduce the quality of experience for both residents and visitors. Prioritizing the
upkeep of historical features within the ADCD and enforcing penalties for visual blight violations
Page 608 of 1452
will enhance the area's aesthetic appeal and support the long-term preservation of the District's
unique character.
To meet these objectives, the sponsor of this Ordinance proposes amending Chapter 58 to
require property owners of commercial, historically designated buildings in the ADCD to maintain
the historic character of their buildings. This includes promptly addressing issues related to
exterior maintenance, unauthorized signage or awnings, and other visual blight violations.
Properties currently undergoing a recertification process will be exempt from these requirements.
A first violation of the Ordinance will result in an automatic $500 fine, with 30 days allowed for
correction.Failure to correct will lead to the enforcement procedures before the special magistrate
as set forth in chapter 30 of the City Code, who will set a deadline for compliance. If the violation
continues past this deadline, a daily penalty of$1,000 will apply.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate(BIE)was published on: 11/2712024
See BIE at: https:llwww.miamibeachfi.gov/city-haillcityclerpjmeeting-notices!
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a"Residents Right to Know" item, is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which as defined in Code See 2-481
Includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsorls)
Page 609 of 1452
Commissioner Kristen Rosen Gonzalez
Co-saonsarlsl
Condensed Title
10 45 am. 2Id Rog, Owners of Historic 61dgs in ADCD Maintain Historic Character (KRG)CA
Page 610 of 1452