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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00085 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMITS", MORE PARTICULARLY BY CREATING SECTION 62-526, ENTITLED "ENFORCEMENT," TO SPECIFY THAT THE CITY OF MIAMI MAY ENFORCE SAID DIVISION 1 PURSUANT TO CHAPTER 2, ARTICLE X OF THE CITY CODE, IN ADDITION TO OTHER REMEDIES ALLOWED BY LAW AND PROHIBITING THE ISSUANCE OF A TEMPORARY EVENT PERMIT IN THE EVENT SAID DIVISION 1 IS VIOLATED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 62, Article XIII, Division 1 of the Code of the City of Miami, Florida, as amended ("City Code"), currently does not specify available remedies to the City of Miami in the event of a violation of Division 1; and WHEREAS, in the interest of public policy, a temporary event permit should not be issued for a property which is subject to a violation of said Division 1 for a period of one (1) year; 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 fully set forth in this Section. Section 2. Chapter 62, Article XIII, Division 1 of the City Code, is amended in the following particulars: {1} "CHAPTER 62 PLANNING AND ZONING ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED DIVISION 1. TEMPORARY EVENT PERMITS City of Miami Page 1 of 2 File Id: 13-00085 (Version: 1) Printed On: 10/22/2024 File Number: 13-00085 Sec. 62-526. Reserved Enforcement. The requirements of this Division shall be enforced pursuant to Chapter 2, Article X, of the City Code or by any other means authorized by law. If the requirements of this Division are violated, based on a determination by the Code Enforcement Board or the issuance of a civil infraction pursuant to Section 2-823, a temporary event permit shall not be issued for the property where the violation occurred for a period of one (1) year from the date of such determination or civil infraction. The aforementioned one (1) year period shall not apply in the event such civil infraction is reversed on appeal pursuant to Sections 2-825 and 2-826. *11 Section 3. If any section, part of a section, paragraph, clause, phrase or word of the Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. 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. City of Miami Page 2 of 2 File Id: 13-00085 (Version: 1) Printed On: 10/22/2024