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Ordinance
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Miami, FL 33133
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File Number: 16-00711
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 2/SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/
PLANNING, BUILDING AND ZONING DEPARTMENT/DENIAL OR REVOCATION OF
CERTIFICATE OF USE', AMENDING SUBSECTION 2-211(B) TO PROVIDE FOR
THE DENIAL OR REVOCATION OF A CERTIFICATE OF USE WHEN THE
HOLDER'S ACCOMPANYING BUSINESS TAX RECEIPT HAS BEEN DENIED OR
REVOKED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 2-211(b) of the Code of the City of Miami, Florida, as amended ("City Code"),
entitled "Denial or Revocation of Certificate of Use", provides for reasons to deny or revoke a
Certificate of Use ("CU") but does not include, with specificity, denial or revocation of a holder's CU
when the accompanying Business Tax Receipt ("BTR") has been denied or revoked; and
WHEREAS, Chapter 31, Section 48(a)(4) of the City Code, entitled "Local Business Tax and
Miscellaneous Business Regulations/Revocation; Suspension", provides for the denial or revocation of
a BTR when the BTR holder no longer has a valid or current CU; and
WHEREAS, the CU and BTR are dual requirements for most commercial businesses in the City of
Miami and this amendment will insure uniformity;
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 the Section.
Section 2. Chapter 2, Article IV, Division 2, Section 2-211 of the City Code is amended in the
following particulars: (1}
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT
City of Miami Page 1 of 3 File Id: 16-00711 (Version: 1) Printed On: 5/16/2016
File Number: 16-00711
Sec. 2-211. Denial or revocation of certificate of use.
(a) 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:
(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.
(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.
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.
(c) Appeal. If a certificate of use is denied or revoked, the applicant 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.
Section 3. If any section, part of a 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 thirty (30) days after final reading and adoption
thereof. {2}
APB ROVED AS TO FORM AND CORRECTNESS:
V r TORIA ENDEZ
CITY ATTORNEY
City of Miami Page 2 of 3 File Id: 16-00711 (Version: 1) Printed On: 5/16/2016
File Number: 16-00711
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remains of the provisions are now if effect and remain unchanged. Asterisks indicate
omitted and unchanged materials.
{2} This Ordinance shall become effective as specified as 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 3 of 3 File Id: 16-00711 (Version: 1) Printed On: 5/1 f2016