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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Legislation Ordinance: City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-208 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED" ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND ZONING DEPARTMENT/ NEW PERMITS PROHIBITED, NON - HOMESTEAD PROPERTIES," TO PROVIDE THE ALLOWANCE FOR ISSUES OF CERTIFICATES OF USE FOR BUSINESSES UNLESS THERE IS AN ISSUED VIOLATION BY THE BUILDING DEPARTMENT; AND AMENDING SECTION 2-211 TITLED, "DENIAL OR REVOCATION OF CERTIFICATE OF USE," BY RESTRICTING CHAPTER 10 OF THE CITY CODE VIOLATIONS FROM CAUSING A DENIAL OR REVOCATION OF A CERTIFICATE OF USE IN LIMITED CIRCUMSTANCES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): WHEREAS, on July 28, 2022, the City Commission adopted Ordinance No. 14078, prohibiting the issuance of permits for non -homestead properties with outstanding code or building violations pursuant to Section 2-208 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, on October 22, 2020, the City Commission adopted Ordinance No. 13936 which added violations of Chapter 10 of the City Code as well as failure to complete required building Recertifications to be cause to deny or revoke a Certificate of Use pursuant to Section 2-211 of the City Code; and WHEREAS, these regulations have caused difficulties with tenants and occupants of buildings that are mixed -use or contain multiple individual retail or office spaces obtaining permits due to violations of other tenants or occupants; and WHEREAS, the City Commission believes a relaxation of the more recent City Code amendments will be in the best interest of the residents and businesses in the City of Miami and still provide life safety protections; 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. . > r :4 I" : .:.,----i " ':'::171 fft City of Miami Page 1 of 4 File ID: (Revision:) Printed On: 15910 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: Enactment Number: Section 2. Chapter 2, Article IV, Division 2 of the City Code is amended in the following particulars:' "CHAPTER 2 ADMINISTRATION ARTICLE IV. DEPARTMENTS — r-- DIVISION 2. PLANNING, BUILDING, AND ZONING DEPARTMENT r;'�` * Sec. 2-208. - New permits prohibited, non -homestead properties. 7700 r) --a r`J cJl Permits challmav not be issued for a non -homestead property with any outstanding eerie bBuildinq Department violations, except that Rpermits required to cure life safety issues, permits which are required to bring outstanding violations into compliance, permits for units within buildings to which such violations or monies owed are not attributable to the permit applicant or permits for any properties owned by a governmental entity are exempted from this prohibition. If a permit required to cure an existing violation has been applied for, with a complete application that is being reviewed by the appropriate department, additional permits may be issued for the property that is the subject of violations or monies owed. Additional permits issued are conditioned to prohibit the issuance of a certificate of occupancy or completion (including temporary or partial certificates of occupancy or completion) until the permit to cure the original outstanding Building violation has been finalized and closed and all monies owed, inclusive of costs, to the city are paid. Any exemption listed herein may not be utilized for multi -unit structures wherein the violation has created a life safety issue for either the adjacent units or the structure in its entirety. * Sec. 2-211. - - Denial or revocation of certificate of use. �a=mt aim ya �=dd (a) The zoning administrator shall deny the issuance or renewal of a certificate of use fef good cause when there are any outstanding city liens or invoices due and owing. (b) Denial or Rrevocation of certificate of use. The zoning administrator challmay deny the issuance or renewal, or revoke a certificate of use only for any of, but not limited to, the following reasons: (1) The applicant provided a material false statement in the application or in the supplemental or additional statements of fact or studies required by the city. (2) There is a failure to comply with the terms or conditions of the certificate of use. (3) There is a violation of the provisions of this division. ' 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. City of Miami Page 2 of 4 File ID: (Revision:) Printed on: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: Enactment Number: (4) The certificate of use holder subsequent to being issued a certificate of use, has been convicted of, or has pled guilty to, a violation of a law of Florida, or ordinance of Miami -Dade County or the city, which violation resulted from actions relating to the terms or conditions of the certificate of use. (5) The certificate of use holder is engaging or has engaged in an activity from the proposed premises that is not in compliance with a zoning ordinance or other city ordinance. (6) The business tax receipt ("BTR") for the certificate of use holder has been denied, suspended or revoked. (7) There is a finding of violation of chapter 10 of the City Code at an Unsafe Structure Panel hearing, including but not limited to failure to obtain a 40-year certification, where a life safety risk is present as determined by the Unsafe Structures Panel. After a finding of violation with a life safety risk, anv current Certificate of Use shall be revoked, however, a property owner may qualify and maintain a Temporary Certificate of Use based upon the following criteria: i. A property owner may submit to the Unsafe Structure Panel, at the hearing, a current letter from a Florida licensed structural engineer, under seal, stating the structure is safe for use and occupancy. See Section 10-101(d)(4). ii. Any such report may be rebutted by facts or testimony presented at the Unsafe Structure Panel hearing or by an order of the Building Official pursuant to Section 10-101(f)(1). If the Unsafe Structure Panel accepts the engineer's letter, the property shall be eligible for a Temporary Certificate of Use to be reviewed at 180-day intervals, from the date of the engineer letter, pursuant to Section 7.1.3.7, Miami 21, the City's Zoning Ordinance. iv. If the property owner does not have the required engineer letter at hearing, the Unsafe Structure Panel may allow the letter to be provided within ten (10) days to the Building Department so as to qualify for a Temporary Certificate of Use. v. Any issued Temporary Certificate of Use shall expire either 180 days after issuance or 180-day after the engineer letter is issued, whichever comes first. vi. The Temporary Certificate of Use can be renewed under these terms unless a contrary determination after hearing is made by the Unsafe Structure Panel or an order of the Building Official pursuant to Section 10-101(f)(1). vii. If the required or updated engineer letter is not provided timely, the Temporary -1 Certificate of Use shall be revoked. (c) The zoning administrator shall send written notice of the revocation, reason forthe `" rn revocation and the effective date of the revocation to the holder of the certificate of use at the address of record on file with the city. ry (d) Appeal. If a certificate of use is denied or revoked, the applicant or an aggrieved part r who resides, occupies, or owns property within 500 feet of the property may file an appeal with the office of hearing boards within 15 days of the decision to deny or revoke the certificate of use. The appeal shall be heard at the next available regular meeting of the planning, zoning and appeals board. The decision of the planning, zoning and appeals board regarding a certificate of use may be appealed to the city commission by an applicant, an aggrieved party who resides, occupies or owns property within 500 feet of the affected property, or the planning and zoning department. City of Miami Page 3 of 4 File ID: (Revision:) Printed on: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: Enactment Number: Section 3. 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 4. This Ordinance shall become effective immediately upon adoption by the City Commission.2 APPROVED AS TO FORM AND CORRECTNESS: rn .74 ,71 c-- rr 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 4 of 4 File ID: (Revision:) Printed on: SUBSTITUTED City of Miami Legislation Ordinance File Number: 15910 Final Actio AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPT 2/ARTICLE IV/DIVISION 2/SECTION 2-208 OF THE CODE OF THE CITY '4 F MIAMI, FLORIDA, AS AMENDED, TITLED" ADMINISTRATION/DEPARTMENT LANNING, BUILDING, AND ZONING DEPARTMENT/NEW PERMITS PROHIBIT- a, NON - HOMESTEAD PROPERTIES," TO PROVIDE THE ALLOWANCE F• ISSUANCE OF CERTIFICATES OF USE FOR BUSINESSES UNLESS THERE IS VIOLATION BY THE BUILDING DEPARTMENT; FURTHER AMENDING SECTI P 2-211 TITLED, "DENIAL OR REVOCATION OF CERTIFICATE OF USE," BY !TING RESTRICTIONS FOR DENIAL OR REVOCATION OF A CE IFICATES OF USE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDI FOR AN IMMEDIATE EFFECTIVE DATE. ate: WHEREAS, on July 28, 2022, the City Commissio► adopted Ordinance No. 14078, prohibiting the issuance of permits for non -homestead p •perties with outstanding code or building violations pursuant to Section 2-208 of the C. •e of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, on October 22, 2020, the which added violations of Chapter 10 of the C building Recertifications to be cause to den 2-211 of the City Code; and C' Commission adopted Ordinance No. 13936 Code as well as failure to complete required r revoke a Certificate of Use pursuant to Section WHEREAS, these regulations ave caused difficulties with tenants and occupants of buildings that are mixed -use or con . in multiple individual retail or office spaces obtaining permits due to violations of other nants or occupants; and WHEREAS, the City mmission believes a relaxation of the more recent City Code amendments will be in the • st interest of the residents and businesses in the City of Miami and still provide life safety pro ctions; NOW, THER ' ORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section . The recitals and findings contained in the Preamble to this Ordinance are adopted by r- -rence and incorporated as if fully set forth in this Section. S: tion 2. Chapter 2, Article IV, Division 2 of the City Code is amended in the following particul s:1 "CHAPTER 2 ADMINISTRATION 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. City of Miami File ID: 15910 (Revision:) Printed On: 4/16/2024 SUBSTITUTED ARTICLE IV. DEPARTMENTS * DIVISION 2. PLANNING, BUILDING, AND ZONING DEPARTMENT * Sec. 2-208. New permits prohibited, non -homestead properties. Permits shal4may not be issued for a non -homestead property with any o bBuildinq Department violations, Permits required to cure life safety issues, required to bring outstanding violations into compliance, permits for which such violations or monies owed are not attributable to the p any properties owned by a governmental entity are exempted fr required to cure an existing violation has been applied for, wit being reviewed by the appropriate department, additional p property that is the subject of violations or monies owed. conditioned to prohibit the issuance of a certificate of oc temporary or partial certificates of occupancy or comp original outstanding code enforcement Building viol monies owed, inclusive of costs, to the city are pa' utilized for multi -unit structures wherein the viol the adjacent units or the structure in its entire * * tanding codo rmits which are nits within buildings to mit applicant or permits for this prohibition. If a permit a complete application that is its may be issued for the ditional permits issued are pancy or completion (including ton) until the permit to cure the on has been finalized and closed and all . Any exemption listed herein may not be on has created a life safety issue for either Sec. 2-211. Denial or revocation of ce icate of use. * (a) The zoning administrator all deny the issuance or renewal of a certificate of use #ef geed -cause when there . e an outstandin • cit liens or invoices due and owin.. (b) Denial or Rrevocation certificate of use. The zoning administrator challmay deny the issuance or renewal .r revoke a certificate of use for any of, but not limited to, the following reasons: (1) The applict provided a material false statement in the application or in the supplem tal or additional statements of fact or studies required by the city. (2) There a failure to comply with the terms or conditions of the certificate of use. (3) Ther is a violation of the provisions of this division. (4) Th certificate of use holder subsequent to being issued a certificate of use, has en convicted of, or has pled guilty to, a violation of a law of Florida, or ordinance f Miami -Dade County or the city, which violation resulted from actions relating to the terms or conditions of the certificate of use. 5) The certificate of use holder is engaging or has engaged in an activity from the proposed premises that is not in compliance with a zoning ordinance or other city ordinance. (6) The business tax receipt ("BTR") for the certificate of use holder has been denied, suspended or revoked. (7) There is a finding of violation of chapter 10 of the City Code at an Unsafe Structure Panel hearing, including but not limited to failure to obtain a 40-year certification, City of Miami File ID: 15910 (Revision:) Printed On: 4/16/2024 SUBSTITUTED where a life safety risk is present as determined by the Unsafe Structures Panel. After a finding of violation with a life safety risk, any current Certificate of Use shall be revoked, however, a property owner may qualify and maintain a Temporary Certificate of Use based upon the following criteria: i. A property owner may submit to the Unsafe Structure Panel, at the hearin• a current letter from a Florida licensed structural engineer, under seal, star q the structure is safe for use and occupancy. See Section 10-101(d)(4). ii. Any such report may be rebutted by facts or testimony presented . he Unsafe Structure Panel hearing or by an order of the Building Official pu .uant to Section 10-101(f)(1). Ili. If the Unsafe Structure Panel accepts the engineer's letter, t - property shall be eligible for a Temporary Certificate of Use to be reviewed - 180-day intervals, from the date of the engineer letter, pursuant to Section . .3.7, Miami 21, the City's Zoning Ordinance. iv. If the property owner does not have the required en. eer letter at hearing, the Unsafe Structure Panel may allow the letter to be • •vided within ten (10) days to the Building Department so as to qualify for a mporary Certificate of Use. v. Any issued Temporary Certificate of Use shall - pire either 180 days after issuance or 180-day after the engineer letter • issued, whichever comes first. vi. The Temporary Certificate of Use can be r: ewed under these terms unless a contrary determination after hearing is m . e by the Unsafe Structure Panel or an order of the Building Official pursua ► to Section 10-101(f)(1). vii. If the required or updated enqineer 1- er is not provided timely, the Temporary Certificate of Use shall be revoked (c) The zoning administrator shall send revocation and the effective date of at the address of record on file wi (d) Appeal. If a certificate of use is who resides, occupies, or ow appeal with the office of he revoke the certificate of u meeting of the planning zoning and appeals b commission by an a property within 50 department. w en notice of the revocation, reason for the e revocation to the holder of the certificate of use the city. nied or revoked, the applicant or an aggrieved party property within 500 feet of the property may file an g boards within 15 days of the decision to deny or . The appeal shall be heard at the next available regular oning and appeals board. The decision of the planning, rd regarding a certificate of use may be appealed to the city Iicant, an aggrieved party who resides, occupies or owns eet of the affected property, or the planning and zoning * *„ Section . If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is Glared invalid, the remaining provisions of this Ordinance shall not be affected. S= ion 4. This Ordinance shall become effective immediately upon adoption by the City Commi . ion.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 File ID: 15910 (Revision:) Printed On: 4116/2024 SUBSTITUTED APPROVED AS TO FORM AND CORRECTNESS: George K. Wys ng III, Acting)Cityptto-7rney 4/16/2024 City of Miami File ID: 15910 (Revision:) Printed On: 4/16/2024