HomeMy WebLinkAboutO-12499City of Miami
Legislation
Ordinance: 12499
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00203 Final Action Date: 2/26/2004
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 31/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "LICENSES AND MISCELLANEOUS BUSINESS
REGULATIONS/OCCUPATIONAL LICENSES," TO CLARIFY GROUNDS FOR
DENIAL OF THE ISSUANCE OF AN OCCUPATIONAL LICENSE; MORE
PARTICULARLY BY AMENDING SECTION 31-35(B) (4) OF SAID CODE,
ENTITLED "APPLICATION PROCEDURE; GROUNDS FOR DENIAL;"
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is in the best interest of the City of Miami to clarify the grounds for the denial of
the issuance of an occupational license;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Section 31-35(b)(4) of Chapter 31 of the Code of the City of Miami, Florida, as
amended, is modified in the following particulars:{1}
"Chapter 31
LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS.
ARTICLE II. OCCUPATIONAL LICENSES
* * *
Sec. 31-35. Application procedure; grounds for denial.
* * * * *
(b) Grounds for denial. Grounds of denial of the issuance of a license shall
include:
(4) 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 2 814 or 2 823, and the subject
City of Miami
Page 1 of 2 File Id: 04-00203 (Version: 1) Printed On: 8/30/2016
File Number: 04-00203 Enactment Number: 12499
violation is for illegal construction activity specifically involving the
building, structure, property, or unit thereof, a state law or county
violation, or a violation of Zoning Ordinance or other City Ordinance,
where the applicant's 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,
altcration, 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 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are repealed.
Section 4. 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 5. This Ordinance is declared to be an emergency measure on the grounds of urgent
public need for the preservation of peace, health, safety, and property of the City of Miami, and
upon further grounds of the necessity to make the required and necessary payments to its
employees and officers, payment of its debts, necessary and required purchases of goods and
supplies and to generally carry on the functions and duties of municipal affairs.
Section 6. The requirement of reading this Ordinance on two separate days is dispensed with
by an affirmative vote of not less than four -fifths of the members of the Commission.
Section 7. This Ordinance shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Footnotes:
{1} 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
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami Page 2 of 2 File Id: 04-00203 (Version: 1) Printed On: 8/30/2016