Ordinance 2025-4704O R DINA NCE NO .2025-4704
A N O RDINA NC E O F T HE M AYOR AND CITY COM MISSIO N O F THE CITY
O F M IA M I BE A CH,FLO R IDA ,A MENDING CHA PTER 58 OF THE MIA MI
B EA CH CIT Y CO DE,ENTIT LE D "HO USING ,"BY AMEND ING A RTICLE Ill ,
E N TITLED "PRO PERTY MA INTE NA NC E STA NDA RDS,"BY A MEND ING
S E CT IO N 58-298 THEREO F TO REQ UIRE PROPERTY OW NERS O F
C O M M ERCIA L,HIST O RICA LLY DE SIG NA TED BUILDING S IN A LL O THER
H ISTO R IC DIST RIC TS (A S DEFINED)TO M A INTA IN THE HISTO R IC
C H A RA CT ER BY P RO M P T LY ADDR ESSING EXTER IO R MA INTENA NC E,
U N A P PRO V E D S IG NA G E O R AW NING S,AND O THER VISUA L BLI G HT
VIO LATIO NS;A ND ,PRO VIDING FO R REPEA LER ,SEVERA BILI TY ,
C O DIF ICA TIO N A ND AN EFFE CTIVE DA TE.
W H EREA S,Chapter 58 of the Miam i Beach City Code outlines the minimum
m aintenance standards for buildings within the City,which includes requirements that ensure
the preserv ation of a building's aesthetic appeal and prevent visual blight;and
W H EREA S,at the Decem ber 11,2024 City Commission meeting,the Mayor and City
Comm ission adopted Ordinance No.2024-4684,sponsored by Commissioner Kristen Rosen
Gonzalez,amending Chapter 58 to require pro perty 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;and
W H EREA S,the Mayor and City Comm ission wish to further amend Chapter 58 to
extend the property maintenance requirements and more stringent penalties to any
comm ercial,historically designated building located within any other local historic district
designated in accordance with section 2.13.9 of the Resiliency Code;and
W H ERE A S,prioritizing the upkeep of,and the enforcement,and prosecution of
violations that create visual blight in the ADCD and the City's other historic districts will
im prove their aesthetic appeal and contribute to the long-term preservation of the City's art
deco charm and beauty.
N O W T HER E F O RE,BE IT O R DA INED BY THE MA YOR A ND CITY CO MMISSIO N
O F T H E C ITY O F MIA M I BE A CH,FLO R IDA .
S EC T IO N 1.Article Ill of Chapter 58 of the City Code,entitled "Property Maintenance
Standards"is hereby amended as follows:
Chapter 58
HO USING
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A RT IC LE Ill.PRO PERTY M A INTENA NC E STA NDA RDS
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DIVISION 2.ADMINISTRATION
Subdivision I.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 m ay be accom plished 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
autom atically becom e a final order if no appeal from the emergency order is filed 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 m agistrate 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 pro perty involved,of the nature and extent of the
violation involved,and the requirem ents for the correction thereof.Such recording shall be
made following the expiration of the tim e 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
ow ner of the premises involved.
DIVISION 3.MINIMUM STANDARDS
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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 prem ises he occupies and contro ls,including yards,lawns,courts and
driveways.
(d)Every owner of a building containing three or more units shall be responsible for
m aintaining 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
w elfare 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 pro per 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 exterm ination 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 fo r 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 perm itted reasonable access to any building during daylight hours,
except for fum igation 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.
(j)Every owner shall grade and maintain the exterior premises so as to prevent the
accum ulation 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.
(I)W here 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 m aintain each in good and proper working order.W here central air conditioning
is provided and not individually controlled by thermostat,it shall be the duty and
responsibility of the owner to operate the sam e continuously,maintaining a continual
temperature range between 70 and 76 degrees based on normal outside temperature
and hum idity factors,on a 24-hour basis,except for minimal shutdown periods required
fo r reasonable maintenance and repair.Where air conditioning is provided and
individually contro lled by thermostat,it shall be the duty and responsibility of the owner
to m aintain 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
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 num bers,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
4
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),(0),0)0)and (o)of this section shall not apply to boarded buildings.
(r)Every owner of a commercial,historically designated building in the city's Art Deco
Cultural District,or any commercial.historically designated building located within any
other local historic 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:(i)exterior maintenance issues such as peeling
paint,neglected facades,and dilapidated architectural features;(ii)the presence of
signage,awnings,or other elements that conflict with the historic character of the building
and/or the District and/or other historic district and have not been properly approved by
any applicable land use board and/or the Planning Department;and (iii)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 (30)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 $1,000.
For purposes of this section,(A)properties between 5th Street and 15th Street that front
Ocean Drive,Collins Avenue or Washington Avenue shall be deemed to be in the "Art
Deco Cultural District",and (B)a "historically designated building"means a building
within a local historic district designated pursuant to Section 2.13.9 of the Resiliency
Code and (C)a "local historic district"means a district designated as such pursuant to
Section 2.13.9 of the Resiliency Code.
SECTION 2.REPEALER.
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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
am ended;that the sections of this ordinance may be renumbered or relettered to accomplish
such intention;and that the w ord "ordinance"may be changed to "section"or other
appropriate w ord.
SECTION 4.SEVERA BILITY.
If any section,subsection,clause or pro vision of this Ordinance is held invalid,the rem ainder
shall not be affected by such invalidity.
SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect ten days fo llow ing adoption.
This Ordinance shall take effect on the l_day «YOa cl-,2025.
PASSED AND ADOPTED this day or ke b ru «9__,2025.,
ATTEST:74 MAR 0 3 2025
s.5
S teven M einer,Mayor
Rafael E.Granado,City Clerk
(Sponsored by Vice-M ayor Tanya K.Bhatt
Co-sponsored by Com m issioner Kristen Rosen Gonzalez)
Co-Sponsored by Commissioner Laura Dominguez
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
4797)wa le sl2ass
Ordinances -R5 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:February 26,2025 10:25 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 111,ENTITLED
"PROPERTY MAINTENANCE STANDARDS,"BY AMENDING SECTION 58-298
THEREOF TO REQUIRE PROPERTY OWNERS OF COMMERCIAL,
HISTORICALLY DESIGNATED BUILDINGS IN ALL OTHER HISTORIC DISTRICTS
(AS DEFINED)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
See memorandum attached.
BACKGROUND/HISTORY
ANALYSIS
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:2/5/2025
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Page 768 of 131 O
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-172
No
Is this item related to a G.O.Bond
Project?
No
Was this 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 the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Tanya K.Bhatt
Co-sponsor(s)
Commissioner Kristen Rosen Gonzalez
Condensed Title
10:25 a.m.24 Rdg.Property Maint Standards for Hist Bldgs in AII Historic Districts.(TB/KRG)
CA
Page 769 of 1310
,/0±NF ACHt'/},}ii:l
i V it #v Mi .f \
Ricardo J.Dopico,City Attorney
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,
www.miamibeachfl_goy
TO:
FROM:
DATE:
COMMISSION
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter,City Manager
Ricardo J.Dopico,City Attorne®
February 3,2025
MEMORANDUM
FIRST READING
SUBJECT: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 ALL OTHER HISTORIC
DISTRICTS (AS DEFINED)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.
The attached Ordinance was prepared at the request of Vice-Mayor Tanya K.Bhatt and co-
sponsor Commissioner Kristen Rosen Gonzalez.
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
At the December 11,2024 City Commission meeting,the Mayor and City Commission adopted
Ordinance No.2024-4684,sponsored by Commissioner Kristen Rosen Gonzalez,amending
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.
The sponsor of this Ordinance proposes to further amend Chapter 58 to extend the property
maintenance requirements and more stringent penalties to any commercial,historically
designated building located within any other local historic district designated in accordance with
section 2.13.9 of the Resiliency Code
Prioritizing the upkeep of,and the enforcement,and prosecution of violations that create visual
blight in the ADCD and the City's other historic districts will improve their aesthetic appeal and
contribute to the long-term preservation of the City's art deco charm and beauty.
Page 770 of 1310
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.
RJD/FA/ag
Page 771 of 1310