HomeMy WebLinkAboutM-98-0760CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
31
TO Don Warshaw DATE FILE
City Manager SUBJECT: July 2, 1998
FROM REFERENCES:
om ssioner J.L. Plummer J4CLOSURES :
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Please see the attached letter/memos regarding the
Occupational License Ordinance and Horacio Aguirre and
Associates and place this issue for discussion on the next
available agenda. Thank you.
98- 760
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
J.L. Plummer, Jr June 26, 1998
TO : DATE : FILE
Commissioner
SUBJECT: Assignment #765
FROM: Donald 1H. Warshaw aREFCES :
City Manager
This memo is in response to the letter sent to your W by N*. Horacio Stuart Aguirre.
As a result of an inspection performed by a City of Miami code enforcement inspector, Mr.
Stuart's business was found to be operating without a valid occupational license from the City of
Miami. The inspector, Frank Chacon, mailed a notice of violation to the business owner and has
made numerous follow-up visits to this property.
We understand Mr. Stuart's concern regarding the cost of a mortgage broker license in the City
of Miami, however, given the fiscal emergency in existence we cannot entertain a reduction in
licensing fees at this time.
Until such time that the Occupational License Ordinance, Chapter 31 of the City of Miami Code is
modified, we must enforce the existing codes. The existing code requires that "Any individual,
partnership, or other incorporated or unincorporated business entity conducting any
business, profession or occupation referred to in the section 31-35 herein, whether as
owner, agent, employee, manager or operator , who does not possess a valid and current
occupational license and displays the same as required by section 31-2 herein, shall be
guilty of a misdemeanor," therefore, for this reason we cannot put this final notice on hold.
Enclosed please find a copy of Section 31 of thnCity of Miami code that specifically addresses
the mortgage broker license.
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08 - 760
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Donald Warshaw June 17, 1998
TO : DATE FILE -
City Manager
SUBJECT
Occupational L
FROM
�.rII�JN I�
L. Plummer, iP
Commissioner EN
'. Iv
My office received the attached letter from Horacio Aguirre & Associates,
regarding 1000 Brickell Avenue and its violations.
Please look into the matter and respond accordingly with copy to Mr. Aguirre.
98 -- 760
Jun-10-98 03:45P Horacio Stuart Aguirre &
10oo Brickell Avenue, Ste. 520, MISm
Date: - 6/10198
Pages:
To:
Company:
Fax Phone:
From:
Subject:
Florida
FAX COVER
Hon. J.L. Plummer, Jr.
of Miami
5 19-3334
Horacio Stuart Aguirre
P_Ol
C-
27 Fax(305)358-5484
r
•
My pending issue regarding the City of Miami
Occupational License
In recent minutes I received the attached notice from the building manager advising me
that the City of Miami has given the building up to this corning Friday (June 12, 1998) "to
correct this matter."
I was corder the impression that your good office had elected to wait to resolve this
petition (the cost of a mortgage broker license in the City of Miami vs. other cities in Dade
County, $400 vs $100) until such time as the City of Miami hired a new Director of
Finance and that this has not as of yet occurred.
Therefore, I respectfully request that you please contact whomever is in charge of the city
and advise them that I have a legitimate cause to ask for a stay on this matter until such
time as a proper hearing on this matter can be made.
In order to allay the concerns of the building manager I respectfully request that you
please respond as soon as possible.
c.c.Mrs. Mary E. McEwen, Building Manager, The Allen Morris Company.
Licensed Mortgage Brokerage Business �. . ,
Serving the Commercial Real Estate Industryjj�y ,�
Member:
Mortgage Bankers Association of America - Industrial Association of Dade County
This faceimioe contains priv kq* and confidential Information intended only for the use of the addressees) named strove. if
you are riot the Ints!tded recipient of this facaknile or the employes or agent responsible for do verhV It to the intended
recipient, you are tw*W notified that any dissemination or copykV of this facsimile is strictly prohibited. If you have received
Na faceirnite in error, please Immediately noUy us by telephone and return the original f6mirnile to us at the address above via
U.S. Postal 5ervioe.
98- '760
Jun-10-98 03:46P Horacio Stuart Aguirre &
P.02
Jiil� 8 1998
Qj T- t f .4 -
CA. G!NtENEZ
cir,2 Chief logo fill
Location of Violation: 100U BRICKELL AV 620
Dear 1600 BRICKELL LTD:
,
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Friday, June 05, 1998
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1000 BRICKELL LTD
% ALLEN MORRIS CO BRICKELL RICKELL BLDG 12 FL
"
-IIAMFFL 33131-3013
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NOTICE OF VIOLATION
'FINAL NOTICE'
LOSE GARUA-PEDROSA
City Manager1.
CR: 98-08890
Folio: 01-0209-090-1220
You are notified that an inspection of the above property discloses that you are in violation of the following laws,
inc; uding:
City Code Sec, 31 Failure to have a valid occupational iic ense. BALR�'YG� pv� �'�03, %�
You are directed to correct said violation(s) by Friday, .June 12, 1998 and to notify the inspector that the
violation(s) has been corrected.
FAILliRE TO CORRECT VIOLATION(S) WILL RESULT IN THE ISSUANCE OF A TICKET WHICH CAN
PROVIDE A MONETARY' PENALTY FROM $50. UP TO $SQQ. PER DAY AND ADDITIONAL PENALTIES
UP TO $50. TO $SOO. PER DAY FOR EACH DAY A VIOLATION REMAINS UNCORRECTED BEYOND THE
TIME PERIOD PROVIDED.
UNPAiD PENALTIES UNDER TICKETS ISSUED WILL BECOME A LIEN AGAINST THE PROPERTY. In
addition. the Certificate of Use and Occupational License of any ausiness occupying this property may be
suspended or wit,':held. Operating a business without all required licenses is illegal under state and city law, and is
punishable by criminal arrest and/or closing the business.
If you have any questions, please contact the inspector at (305)416-1541 between the hours of 9:00 AM and 4:30
PM, Monday through Friday.
City of Miami
Aguirre
CHA
COMMAND
RE: I-'.oracio Stuart
rcement
TASK FORCE COMMAND POST/tiA4 SW 2nd Avenue. Sth FScx>rlMiami, FL 33 i 30
-^�;#;�� AAA—v rl Rnr 33(17()R Miami. FL 33233-U7Ut3
§ 31-1 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE I. IN GENERAL
Sec. 31-1. Required; separate locations li-
censed separately.
(a) As a condition precedent to engaging in or
operating in the city any business, profession or
occupation referred to expressly or otherwise in
section 31-35 herein, whether as owner, agent,
employee, manager or operator, a license shall be
procured from the city as provided in this chapter,
on or before October 1 of each year. Any indi-
vidual, partnership, or other incorporated or un-
incorporated business entity conducting any busi-
ness, profession or occupation referred to in section
31-35 herein, whether as owner, agent, employee,
manager or operator, who does not possess a valid
and current occupational license and display the
same as required by section 31-2 herein, shall be
guilty of a misdemeanor, and upon conviction be
punished by not more than thirty (30) days' im-
prisonment or a fine of not more than five hun-
dred dollars ($500.00) or both. Each day the above -
described violation occurs shall constitute a
separate offense.
(b) Such conditions precedent shall apply, sep-
arately and severally, to each place or location
where any such business, profession or occupation
will be engaged in or operated regardless of the
capacity in which the person or legal entity en-
gaging in or operating such business, profession
or occupation shall act, whether as owner, agent,
manager or operator.
(Ord. No. 10303, § 1, 7-23-87)
Annotation —The owner of apartment houses who dele-
gated all management duties in regard thereto to a corpora-
tion was not "engaged in or oPerating any business, profession
or occupation" for which a license is required under this sec-
tion. City of Miami v. Schonfeld, 197 So.2d 559.
Sec. 31.2. Display.
All licenses issued by the city, unless otherwise
provided by law, shall be displayed in the office or
some other conspicuous place within the licensed
establishment or on the premises thereof and shall
be displayed to the general public or any police
department personnel, occupational license in-
spector, code enforcement inspector, or other offi-
cial of the city upon request during normal busi-
ness hours. If the business does possess a valid
Supp. No. 46 2071
§ 31-3
and current license but fails to display the same,
as required by this section, said license may be
suspended by the city manager or designee upon
notification of said refusal by the city attorney.
Upon said notification, the city manager or des-
ignee shall schedule a hearing as mandated by
subsection 31-25(b) herein. A suspension for failure
to display shall extend for a period of thirty (30)
days.
(Ord. No. 10303, § 1, 7-23-87)
Sec. 31-3. Definitions.
Other definitions are contained within section
31-35 herein, pertaining to particular occupational
classifications.
(1) "Business", "profession" and "occupation"
do not include customary religious, chari-
table or educational activities, or nonprofit
religious, nonprofit charitable or nonprofit
educational institutions.
(2) "Religious institutions" shall mean
churches and ecclesiastical or denomina-
tional organizations, or established phys-
ical places for worship in this state at which
nonprofit religious services and activities
are regularly conducted and carried on and
shall also mean church cemeteries.
(3) "Educational institutions" shall mean state
tax -supported or parochial, church and non-
profit private schools, colleges or universi-
ties conducting regular classes and courses
of study required for accreditation by or
membership in the Southern Association of
Colleges and secondary schools, department
of education or the Florida Council of Inde-
pendent Schools. Nonprofit libraries, art
galleries and museums open to the public
are defined as educational institutions and
eligible for exemption.
(4) "Charitable institutions" shall mean only
nonprofit corporations operating physical fa-
cilities in Florida at which are provided
charitable services, a reasonable percentage
of which shall be without cost to those un-
able to pay.
(5) "Department of health and rehabilitative
services" is the agency referred to in sec-
S8- 760
4 31-35 MIAW CODE
machinery, tools, water pumps, electric that it may be suspended at any time
motors, electric Beating, drying, etc., by the county judge upon conviction of
apparatus, musical instruments, type- a violation of this article.
writers, guns, revolvers, pistols, shot- Every application for a license to en -
guns, rifles or any other article of value
of a secondhand nature. gage in the business of a secondhand
dealer shall be signed and acknowledged
For administrative reference purposes, before a notary public or other officer
the regulatory procedures of the mer- authorized to administer oaths in the
chant are: city.
Every applicant for a license to en-
No license as a secondhand dealer
gage in the business of a secondhand
shall be granted to any person who shall
dealer shall file with the finance direc-
have been convicted within 3 years of
for a written application upon a form
the date of application of a violation of
prepared and provided by the city, signed
this article, nor to any person who has
by the applicant. Such application shall
within 10 years of the date of applica-
state:
tion been convicted of a felony.
(1) The name and residence of the ap-
Secretarial services ................
plicant, if an individual, partner-
ship or firm, or the names of the
Securities, bonds, mortgages, stocks or
principal officers and their residenc
investments
es, if the applicant is an associa-
(a) Broker ......................
tion or corporation.
Alone or in connection with any
(2) The length of time such applicant,
other business.
if an individual, firm or partner-
�) Dealer
ship, or the manager or person in
..................... .
charge, if the applicant is a firm or
Alone or in connection with any
corporation, has resided in the city,
other business.
his place of previous employment,
w
whether married or single, whether
(c) Mortgage broker ............. .
he has been convicted of a felony
Alone or in connection with any
and, if so, what offense, when and
other business.
in what court.
(d) Mortgage solicitor ............ .
(3) Whether the applicant or officer or
manager of the applicant has been
Employed by a mortgage broker or
employed by a secondhand dealer
whose business policies and acts are
or has been a secondhand dealer.
under undthe direction, control, or man-
man-
agement of a mor
tgage rtgage broker, alone
(4) The detailed nature of the business
or in connection with any other
to be conducted and the kind of
business.
materials to be collected, bought,
sold or otherwise handled.
(e) Investment banker ............
(5) The premises where such business
State license required form the De-
is to be located.
partment of Banking and Finance.
Each application shall contain an agree-
"Broker," for the purposes of this classi-
ment that the applicant accepts the li-
fication paragraph, is defined to mean
cense, if granted, upon the condition
relative to bonds, stocks and other se-
Supp. No. 27
2112
98- 760
§ 31-35 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS § 31-35
curities as any person, organization, as-
sociation, business entity or group of
persons, whether incorporated or unin-
corporated, engaged in the business of
effecting transactions in securities for
the account of others, but shall not in-
clude a bank, but shall include subsid-
iaries of bank holding companies.
"Dealer," for the purposes of this clas-
sification paragraph, is defined to mean
relative to- bonds, stocks and other se-
curities as a person, organization busi-
ness.entity or a group of persons whether
incorporated or unincorporated, engaged
in the business of buying and selling
securities for his own account, through
a broker or otherwise, but does not in-
clude a bank, but shall include subsid-
iaries of bank holding companies.
The term "broker" or "dealer," rela-
tive to mortgage brokerage or dealing,
is defined to mean any person, organi-
zation, business entity or group of per-
sons, whether incorporated or unincor-
porated, whom acts as a mortgage broker
or mortgage solicitor as those terms are
defined by the "Mortgage Brokerage
Act," section 494.01 et seq., Florida Stat-
utes, as amended from time to time.
Security guards, patrol agency or watch-
man
Principal or employer ............
10 additional employees or guards . .
Each additional employee over 10 . .
State license required from the Flor-
ida Department of State.
Shoe repair shop and/or agents .......
Alone or in connection with any other
business.
Shoeshine stand ..................
Alone or in connection with any other
business.
Supp. No. 27
os- 700