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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00297 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER
2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING,
BUILDING AND ZONING DEPARTMENT," MORE PARTICULARLY BY ADDING A
NEW SECTION 2-211, ENTITLED "DENIAL OR REVOCATION OF CERTIFICATE
OF USE," CREATING AND IMPLEMENTING A PROCESS FOR THE DENIAL OR
REVOCATION OF A CERTIFICATE OF USE; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, there is currently no procedure set forth by Division 2 of Article IV, Chapter 2 of the
Code of the City of Miami, Florida, as amended ("City Code"), for the denial or revocation of a
certificate of use; and
WHEREAS, this proposed ordinance creates a procedure for the denial or revocation of a
certificate of use and provides for notice and option to appeal such a denial or revocation;
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 and
incorporated as if fully set forth in this Section.
{1}
Section 2. Chapter 2/Article IV/Division 2 of the City Code, is amended in the following particulars:
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
*
DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT.
*
Section 2-211. Denial or revocation of certificate of use.
City of Miami Page 1 of 3 File Id: 11-00297 (version: 1) Printed On: 4/15/2011
File Number: 11-00297
La,) The Zoning Administrator may deny the issuance or renewal of a certificate of use for good cause.
(b) Revocation of certificate of use. The Zoning Administrator may revoke a certificate of use for any
of, but not limited to, the following reasons:
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 of Miami when a true answer
would have warranted a refusal to issue a certificate of use in the first instance.
(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.
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 of Miami, which violation resulted from actions relating to the terms or
conditions of the certificate of use.
The certificate of use holder is engaging or has engaged in an activity from the proposed
premises that is not incompliance with a zoning ordinance or other City of Miami ordinance.
The Zoning Administrator shall send written notice of the revocation, reason for the 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 of Miami.
(c) Appeal. If a certificate of use is denied or revoked, the applicant may file an appeal with the Office
of Hearing Boards within fifteen (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.
Section 2. 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 3. This Ordinance shall become effective immediately after final reading and adoption
thereof. {2}
APPROVED AS TO FOR
CITY ATTORNEY
AND CORRECTNESS:
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Fife Number: 11-00297
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.
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