92-2805 Ordinance
ORDINANCE NO.
92-2805
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 8, ENTITLED "BUILDING REGULATIONS" BY
PROVIDING THAT HEARINGS REGARDING CERTIFICATE
OF USE DENIALS, SUSPENSIONS AND REVOCATIONS
SHALL BE DECIDED BY A SPECIAL MASTER APPOINTED
BY THE CITY COMMISSION, UPON RECOMMENDATION BY
THE CITY MANAGER; REVISING REGULATIONS
PERTAINING TO SAID HEARINGS; REVISING GROUNDS
FOR SUSPENSION/REVOCATION; PROVIDING FOR
APPEALS FROM THE DECISIONS OF THE SPECIAL
MASTER; PROVIDING FOR REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, Section 8-5 of Miami Beach City Code Chapter 8,
entitled "Building Regulations" provides for administrative
hearings before the City Manager or his designee regarding denials,
suspensions and revocations of certificates of use; and
WHEREAS, the City Manager has recommended that said hearings
be held by Special Masters appointed by the City Commission; and
WHEREAS, the City commission believes that the use of Special
Masters to hold such hearings will be a just and expeditious method
of adjudicating such matters; and
WHEREAS, the revisions contained herein are necessary to the
welfare of the citizens of the City of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
AMENDMENT OF SECTION 8-5.
That Section 8-5 of Miami Beach City Code Chapter 8, entitled
"Building Regulations" is hereby amended to read as follows:
Sec. 8-5.
Violations and penalties.
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(c) !J!fte City Managcr A Special Master. appointed bv the City
Commission upon recommendation of the city Manager. may either
revoke or temporarily suspend the business license of any person in
accordance with the procedures set forth in Chapter 20, of this
code when it is determined by thc City Unna(jcr that the licensee is
conducting business from premises which do not possess a valid and
current certificate of occupancy and/or certificate of use as may
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be required by city or county laws.
SECTION 2. AMENDMENT OF SECTION 8-6.
That Section 8-6 of Miami Beach City Code Chapter 8, entitled
"Building Regulations" is hereby amended to read as follows:
Sec. 8-6 Grounds for suspension or revocation.
The city Manaqcr or hiD dCDiqncc SDecial Master shall either revoke
or temporarily suspend the certificate of use of any
owner/applicant where it is determined by the City }ianaqcr or hiG
dCDi~ncc Special Master that:
(a) The owner/applicant has misrepresented or failed to disclose
material information required by this chapter to be included in the
certificate of use application form.
(b) The owner/applicant, as part of the owner/applicant's business
activity within the City of Miami Beach, is engaged in conduct
which is an actual threat to the public health, welfare or safety.
(c) The owner/applicant is conducting business from premises which
do not possess a valid and current certificate of occupancy as may
be required by city or county laws.
(d) Habitual conduct has occurred at the owner/applicant's
premises which violates city, county or state law.
(e) The certificate of use issued by the city depended upon the
owner/applicant's compliance with specific provisions of federal,
state, city or Dade County law and the owner/applicant has violated
such specific provisions of law.
(f) The owner/applicant has violated any provision of this chapter
and has failed or refused to cease or correct the violation after
notification thereof.
(g) The owner/applicant, as part of the owner/applicant's business
activity within the City of Miami Beach, knowingly lets, leases, or
gives space for unlawful gambling purposes at the owner/applicant's
premises.
(h) The owner/applicant within the preceding 5 years in this
state, any other state, or the United states, has been adjudicated
guilty of or forfeited a bond when charged with soliciting for
prostitution, pandering, letting premises for prostitution, keeping
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a disorderly place, illegally dealing in narcotics. or aRY other
crime reflectiR~ OR profcBoioRal character.
(i) The premises have been condemned by the local health authority
for failure to meet sanitation standards or the premises have been
condemned by the local authority because the premises are unsafe or
unfit for human habitation.
(j) The owner/applicant's premises have been found to constitute
a public nuisance by the Nuisance Abatement Board.
The suspension or revocation shall be of the certificate of use in
effect at the date of such suspension or revocation, even though it
may have been issued to an owner/applicant other than the person
who held the certificate of use at the time the cause for such
suspension or revocation arose.
No certificate of use shall be suspended or revoked under this
section for a period of more than 12 months. No new certificate of
use shall be issued to the owner/applicant, or to any other firm in
which the owner/applicant or any of its otockholdcro aeneral
partners. limited partners or shareholders owninq twenty percent
(20%) or more of its shares. or its aqents or employees when such
persons are activelY involved in the business under
revocation/suspension and had knowledae of the violations which
caused the suspension/requlation is interested, for any premise
during the term of such suspension or revocation. At the end of
such period of suspension or revocation the owner/applicant may
apply for a new certificate of use.
SECTION 3. AMENDMENT OF SECTION 8-9.
That section 8-9 of Miami Beach City Code Chapter 8, entitled
"Building Regulations" is hereby amended to read as follows:
Sec. 8-9. Bearinq when owner/applicant or permittee fails to comply
with notice-or when requested bv aaarieved owner/aDDlicant.
If an owner/applicant or permittee fails to comply with any notice
issued as provided above, the City Manager or his designee may
issue an order in writing to the owner/applicant, by certified
mail, or hand delivery notifying him to appear at an administrative
hearing before the City Managcr or hiG deoigRcc a Special Master to
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be held at a time to be fixed in such order, which date shall be
not less than five days after service thereof. In the event an
miner/applicant fails to comply with a lawful order of the City
Manager or his designee, the City Mana~er or hia dcai~nce may orser
the clo13ing of the offending Buaincos ana enforoe hio order by
aotion of Miami Beaoh rolioc Department, oentraotca oervioco or
other oity foroeo. The ooot of the enforoement aotion ohall be
plaoed a13 a lien againot the owner/applioant'a real and peraonal
property. Except as provided in naraqranh (b) of section 8-10
herein. an administrative hearinq may also be reauested bv an
owner/applicant aqqrieved bY a decision regardinq denial of a
certificate of use. determination of fees/penalties due and/or
warninq of potential suspension/revocation. The reauest must be in
writinq and filed in the City Manaqer's Office within 10 days of
receipt of the decision complained of. The reauest must specify
the decision and the owner/applicant's qrievance and must be
accompanied bv a fee of $75.00 to defray expenses of the hearinq.
The fee will be refunded if the owner/aP91icant prevails in the
appeal.
SECTION 4. AMENDMENT OF SECTION 8-10.
That section 8-10 of Miami Beach City Code Chapter 8, entitled
"Building Regulations" is hereby amended to read as follows:
Sec. 8-10. Hearing procedures; enforcement of orders.
Upon order of the City Hana~er or upon the requeot of a peroon
whooe oertifioate of uoe hao been denies or revolted or ouopcnsed by
emergenoy order of the City Manager or whooe oertifioate of uoe hao
been threatened with denial, revooation or ouopenoion ey the City
Manager or hio deoignee, or upon the requeot of any other
miner/applioant affeoted by aotion of the city, a hearing ahall be
provided. The hearing chall be oonduoted in the following mannerl
(a) City Manager Review bv Special Master
(1) Other than as set forth in (b) hereinbelow, the e-i:ey
Manager or hia deoignce Special Master shall give written
notice of the time and place of the hearing to the
owner/applicant bv certified mail or hand delivery and to the
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City Attorney's Office.
(2) the proceedings shall be informal but shall afford the
owner/applicant the right to testify in his own defense,
present witnesses, ftaye be reDresented bv legal counsel
prcoent submit relevant evidence and cross-examine witnesses,
and obiect to evidence. The Droceedinas shall be recorded and
minutes kept by the city. Any owner/aDDlicant reauirina
verbatim minutes for iudicial review may arranqe for the
services of a court reDorter at his/her/its own eXDense.
(3) wi thin ten days of the close of the hearing the ~
Malinger or hia aeoiCJnee Special Master shall render his
decision in writing determining whether or not the
owner/applicant's certificate of use shall be revoked or
suspended or denied, or other action taken or continued, as
the case may be and stating his reasons and findings of fact.
(4) The City Manager or hia aeoiCJlice Special Master shall
file his findings with the city clerk and shall send a true
and correct copy of his order by certified rc~iotcred mail,
return receipt requested, or by hand delivery to the business
address listed on the certificate of use or to any such other
address as the owner/applicant shall designate in writing.
(b) Board of Adjustment Review.
Denial of a certificate of use for lack of proper zoning shall
be appealable to the Board of Adjustment pursuant to Section
16-7.1. of the City of Miami Beach Zoning Ordinance 89-2665.
All appeals must be submitted to the Board within 15 days of
the date of the denial.
(c) Administrative Rulings as Final.
The Special Master City Mnnager'B/Board of Adjustment's
findings shall constitute the final administrative action of
the City of Miami Beach for purposes of judicial review under
Florida law. 'Phe otnndard of review ohall be whether tho City
Maliager/Board of Adjuotment'a action or docioion is oupportod
by oubotalitial competolit c~idence and whethcr the
adminiotrative
hearing
departed
from
thc
oooential
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rcquircmcnto of law.
Cd) Enforcement.
In the event that an owner/applicant fails to seek timelY
appellate review of an order of the Special Master/Board of
Adiustment. or to complv timely with such order. the City
Manaqer's Desiqnee mav pursue enforcement procedures as set
forth in section 8-5 herein. Business closinqs required by
suspension/revocation orders may be enforced by the city's
Police Department and the costs for the enforcement action
shall be placed as a lien aqainst the owner/applicant's real
and ~ersonal property.
SECTION 5.
REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 6.
SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 7.
EFFECTIVE DATE.
This ordinance shall take effect ten (10) days after its adoption,
on
October 18
, 1992.
~~~~2~~,-
CITY CLERK j~~~~
1st reading 9/16/92
2nd reading 10/8/92
October
, 1992.
PASSED and ADOPTED this
ATTEST:
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FORM APPROVED
LEGAL DEPT.
By.
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Date s~ '''''-'2-
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CITY OF
MIAMI BEACH
CiTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 5 56 -q ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: September 16, 1992
FROM:
Roger M. CarttoJJ II. (J J ~
City Manager__
SUBJECT:
CERTIFICATE OF USE ORDINANCE -
. APPEALS TO BE BEARD BY SPECIAL MASTER
. AMENDMENTS TO UPDATE PROCEDURES
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the city commission approve the
attached Ordinance which provides that hearings regarding
Certificate of Use denials, suspensions and revocations ~hall be
decided by a Special Master; and, amends the grounds and procedures
used for denial/suspension/revocation of certificates of use
required by Chapter 8 of the City Code.
BACKGROUND:
The Ordinance provides that hearings regarding
denial/suspension/revocation of certificates of use be conducted by
a Special Master appointed by the City commission rather than by
the City Manager or his designee.
Also, the Ordinance amends the grounds and procedures used for
denial/suspension/revocation of certificates of use required by
Chapter 8 of .the City Code.
ANALYSIS:
The appointment of a Special Master will provide a more neutral and
expeditious way of adjudicating the ever-increasing number of
hearings requested by owner/applicants.
The amendments to this Ordinance are needed to update procedure in
keeping with corresponding changes recently made in the
occupational License Ordinance.
CONCLUSION:
In order to provide a more impartial and eff icient method of
providing hearings for the above-mentioned cases the Administration
recommends that the City commission approve the request for the
appointment of a special Master; and, also to approve the
amendments to update procedures.
RMC:EC: lCd#
Attachment
Zl
AGENDA
ITEM
R-~ -C-
lo-8-CfZ
DATE