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HomeMy WebLinkAboutO-11148J-94-281 4/6/94 ORDINANCE NO. 11148 AN ORDINANCE RELATING TO ILLEGAL CONSTRUCTION ACTIVITY; AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING PROVISIONS TO SECTIONS 2-392 AND 31-10 THEREOF, TO PROHIBIT THE ISSUANCE OR RENEWAL OF A CERTIFICATE OF USE OR OCCUPATIONAL LICENSE WHEN THE PLACE WHICH IS THE SITE REQUESTED FOR SUCH PERMITS IS ALSO THE SUBJECT OF CODE ENFORCEMENT PROCEEDINGS RELATED TO ILLEGAL CONSTRUCTION ACTIVITY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, construction of new buildings and alterations to existing buildings without valid permits for such construction activity have reached a critical level; and WHEREAS, compliance with applicable planning, building and zoning regulations is presumed to be in the best interest of the general welfare of the citizens of Miami; and WHEREAS, existing penalties for violations of said regulations have proved to be an insufficient deterrent to the aforementioned illegal construction, reconstruction and structural modifications in the City; and WHEREAS, the Code Amendments proposed herein are intended to deter such illegal activity, thereby ensuring the safety of the City's buildings and enhancing the general welfare of our community via strict compliance with applicable regulations; and 11148 WHEREAS, the provisions of the herein Code Amendments are intended as additional and supplemental to other means of enforcing city codes and ordinances; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the City Code as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Section 2-392 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:l/ "CHAPTER 2 ADMINISTRATION ARTICLE X. CODE ENFORCEMENT Sec. 2-392. Code enforcement board composition; terms; organization; role of City Attorney. l/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks and ellipses indicate omitted and unchanged material. -2- 1111's (e) No Certificate of Use shall be issued or renewed for a specific location or unit thereof which is the subject of an ongoing enforcement procedure pursuant to Sections 2-394 or 2-403, if the subject violation is for illegal construction activity at said specific site The Certificate of Use shall be withheld by the Zoning Administrator until such time as said violation is corrected and all attendant fines are paid in full, or the Code Enforcement Board or a Court of competent jurisdiction issues an order determining that the subject construction activity is not illegal under applicable law. For purposes of this Section, illegal construction activity shall mean the construction, erection, alteration, or repair of any building, structure, or property, including signage, demolition, excavation, or removal of any element thereof, without first obtaining the requisite permit therefore from the City. * * * to Section 3. Section 31-10 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars: "CHAPTER 31 Licenses And Miscellaneous Business Regulations Article I. IN GENERAL * * * Section 31-10. Application procedure; grounds for denial. * * * (b) Grounds for denial. Grounds for denial of the issuance of a license shall include: * * * (4) That the applicant, individual, partnership or other incorporated or unincorporated business entity desiring to engage in the business as described in the application is the subject of an ongoing enforcement procedure, pursuant to Sections 2-394 or 2-403, and the subject violation is for illegal construction activity specifically involving the building, structure, property, or unit thereof, where the applicant's -3- 11148 business enterprise is located or is to be located. Said Occupational License shall be withheld by the Finance Director until such time as said violation is corrected and all attendant fines are paid in full, or the Code Enforcement Board or a Court of competent jurisdiction issues an order determining that the subject construction activity is not illegal under applicable law. For purposes of this Section, illegal construction activity shall mean the construction, erection, alteration, or repair of any building, structure, or property, including signage, demolition, excavation, or removal of any element thereof, without first obtaining the requisite permit therefore from the City. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 14th day of April , 1994. PASSED AND ADOPTED ON SECOND AND FINAL READING this 5th day of May , 1994. ATTE MA HIRAI CITY CLERK STE HEN P. CLARK, MAYOR -4- 11148 PREPARED AND APPROVED BY: J EL E. MAXWE IEF ASSISTA JEM/mis/M2001 CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: Af QUA N jog, III1' CITY ATTORiI Y -5- 01.14-tv of �lamt MATTY HIRAI City Clerk July 6, 1994 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11130 11131 11132 11137 11148 11149 11150 11151 11155 If I can be of any further assistance, please do not hesitate to call. Very truly ours, Valerie Greenwood Deputy Clerk Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 4.14-tv of tnmt MATTY HIRAI City Clerk July 6, 1994 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11130 11131 11132 11137 11148 11149 11150 11151 11155 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk p� .t DEPUTY CLEFIV- RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 (ITi#g of �Ciami MATTY HIRAI C`NN 0\b City Clerk 'gl f CO, F Vp July 6, 1994 Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mr. Tomeo: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11130 11131 11132 11137 11148 11149 11150 11151 11155 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: DEPUTY CLERK RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 4* TO City Commissioners February 4, 1994 DATE FILE Stephen P. Clark FROM : Mayor Z/S/ SUBJECT Ordinance re: Withholding REFERENCES, of Occupational Licenses and Certificates of Use for Code ENCLOSURES Violations Please be advised that I have requested the Attached Ordinance regarding the withholding of Occupational Licenses and Certificates of Use for code violations due to illegal construction within the City to be scheduled on the 4Awrh—N, 1994 agenda for the City Commission meeting. AFR►L 14 11148 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI, FLORIDA LEGAL NOTICE ORD. NO. 11148 in the......................X£;fKXif3f................................ Court, was published in said newspaper in the issues of May 25, 1994 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matterat the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and afHant further says that she has neither paid nor promised any pens i7 or corporation any disco , rebate, commiss refu d for the purpose of s we g this advertise f puation in the said news peps, _,y b cI Sworn to and subscribed before me this 25 May 94 ........ of............... ...A.D.19...... AR`i SEAL OFFI (SEAL) AGNFS E. PENA Octelma V. Ferbe re NOTARY PUBLIC STATE OF "R y perso auy k(i•MN NO. CC 1721C8 lorry QF IMAW'..ftbolvA AW' AR it &SAM41P An interested p@rsoiruif"notice that on Iftt.Sth dpy of May, 1994. the City Gainmi�iorf of" Miami, Florida. adopW the f wMnig nwipaw + + wo. ttt4s AN OfI . AME W2 SECTK?Itl, J OFORDINANOE NO. 11138. L 14, 1 4, CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE . BY INCREASING TK Tn t. APPROPRIAi1IOW iFbA d1lilliPMTAL PROJECT EkWh Eta "SAW I�t GH OAKS V&LAGE .HOUSING' PFKmECT" 046aOT. Alp. 321040:= FR©U,.. $2.%8,000 TO i $2,374MW; AftWO FifAT'fiflG =FUNDS TI _ 9W IN THE AMOUNT O S11SAt>t>B�WJC004 SAL6S; 'O `t`HT OVERRUN INCURRED" #4 THE DEVEV OF -, TIRES- OW WEW SL 13LE �' LY llA ON THE CITY - THREE 0D St. Htf( I O, L LOCATED,14 THE COCONUT' GROVE . `fJEIt3 , CONTAINING A" REPEALER PROVISION S 4C LAi1;4E NO. AN EIitE, E _ 140 A NEW SPECIAL ENTITLED: R FOOD SERVICE PROGRAM:; FOR'CHILDREN 104" AND APPROPR1AT00flUNDS:4101R THE OPERATKK SARIS IN THE AMOUNT N'ET OF $310" OONSIST NG OF- A dPlMlii VAOM I THE UNITED STATES DEPARTMENT OF �LTURE' THROUGH ;THE FLORIEIIr1 'IIEPARTMENT OF - )idkICATKN4; { AUTHOAMNG, THE CITY MANAGER TO, ACSCEOT "T*. 4AANT AWARD FROM THE 1 l) STATES OtPAlT`I1 OF er"'Ir4s1u.T ..-rrlrs;. 0Vrf4rrc. vuc'.: ;uer•ccceov PROVISION ANO L13Y ` #1t$7 AN EMERGENCY 0016ORDINANCE 10021,, ADOPTED ON-JULY -48, 1985, AS AMENDED, WkIICN+ ESTABLISHED INITIAL FIRIOURCES"AN61110VIALAPP4�CFf i 4-` noNS FOR THE LAW ENFORCEIlkIEWt"t FUND RECEIVED AND DEPOSITW. PUFWIjANT TO PFAXNANCE NO. 9257. ADOPTED APRIL 9, 1-s$i, TO :PRC>E FOR AN INCREASE IN 00 THE AMOUNT OF $950,0AS .VI SULTT OF ADDITIONAL MONIES IPPOSTWO If $AID FUND_. DUE TO :SUCCESSFUL FORFEITURE ACTkINS• CONTAINING A REPEALER PROVIISM A'1Jn _CMj1i0nian &V 0411 SRC AN ORDINANCE R�ELKTF "` ai7C%reCONSTRUCTION ACTIVITY AMENDING- THE NODE THE CITY OF MIAMI, FLORIDA -A6 .AMENDED, BY A PROVISIONS TO SECTIONS 2-W2 ANID '31-10 THEREOF, TO PROHIBIT THE ISSUANCE OF RENEWAL OF A CERT)FICATE:of USE OR OCCUPATtONAL.LICENSE WHEN THE "PLACE. WHICH IS THE SITE REQUESTE11FOR:SUCH PERM 11*8 IS AL$O THE SUBJECT OF CODE ENFORCEMENT PROCEEDINGS RELATED TO ILLEGAL CONSTRUCTION ACTIVITY; CONTAINING A REPEALER' PROVISION, SEVEF)ABILITY CLAUSE AND PROVIDING•FAR AN EFFECTIVE DATE. " AN ORDINANCE AMEND" THE CITY` OF, MTAM1; FLO "STREETS AND SIDEWALKS' i ENTITLED, 'NONSTANDARD THE WIDTH OF A CER1 REPEALER PRROVISIM; 'A ICE NO. 11149 . CHAPTER 54 OF THE CODE OF G ,A AND PROVIDING FOR AN EFFECTIVE" DATE. 01111100JM M#X).11168 AN EMERGENCY ORDINANCE AMENDING THE MEMBERSHIP, APPOINTMENT PROCEDURE, CHAIRPERSON PROVISIONS AND POWERS OF CHAIRPERSON. PROVISIONS AS APPLICABLE TO THE MIAMI SPORTS' At4D EXHIBITION AUTHORITY; MORE PARTICULARLY Blt'*9 ;SECTION 52.6-3 OF THE CODE OF THE CITY OF'"PLOR110A,- AS AMENDED; CONTAINING .A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING"FOR•AN EFFECTIVE DATE. Said ordinances may be inspected by the public at Office of the City Cierk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8:00,a.m. and 5:00 p.nn - MATTY-HIRAI CITYCLERK11. (*1276) CW V OF AUAMI, FLORIDA 5/25 w.. 9,6-4406253of