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HomeMy WebLinkAboutLegislationJ-03--539 10/07/03 ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA AMENDING ARTICLE 9, ORDINANCE NO, 11000, AS AMENDED (ZONING ORDINANCE) ENTITLED "GENERAL AND SUPPLEMENTAL REGULATIONS," IN PARTICULAR BY ADDING A NEW SECTION 951 ENTITLED "CERTIFICATE OF RE - OCCUPANCY" TO DECLARE UNLAWFUL ANY SALE, TRANSFER OF TITLE OR CONVEYANCE OF: A DWELLING, ONE -FAMILY OR SINGLE-FAMILY; DWELLING TWO-FAMILY; OR DWELLING MULTIFAMILY ON PROPERTIES ZONED R-1, R-2, R-3 AND R-4 WITHOUT FIRST OBTAINING A RE -OCCUPANCY CERTIFICATE ISSUED BY THE CODE COMPLIANCE DIRECTOR OR DESIGNEE; TO PROVIDE PROCEDURES FOR APPLICATION AND ISSUANCE OF THE CERTIFICATE OF RE -OCCUPANCY TO CONFIRM COMPLIANCE WITH THE RESIDENTIAL OCCUPANCY REGULATIONS OF THE APPLICABLE ZONING DISTRICT, ESTABLISH FEES FOR INSPECTIONS AND RE -INSPECTIONS, PROVIDE FOR DISCLAIMER AND A CONDITIONAL CERTIFICATE OF RE -OCCUPANCY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of September 24, 2003, Item No. 2, following an advertised hearing, adopted Resolution No. PAB 59-03 by a vote of seven to one (7-1), RECOMMENDING APPROVAL WITH CONDITIONS of amending Zoning Ordinance No. 11000 as hereinafter set forth; and WHEREAS, the purpose and intent of this ordinance is to provide a method to curtail the proliferation of illegal units and apartments within the City of Miami that have negatively impacted the quality of life in single-family and low -density residential neighborhoods, created parking problems and traffic congestion with more drivers and residents in the city and imposed unfair strain and financial burden on municipal services and police and fire protection; and WHEREAS, the City finds this ordinance in the best interest of the health, safety welfare, order, aesthetics and proper administration of the City and its residents and property and business owners; and WHEREAS, real estate sale and purchase agreements, including contracts approved by realtor associations or utilized by owners, without a real estate broker, should require a re -occupancy closing certification; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 11000 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, THAT: 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. Page 2 of 9 Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is amended by amending the text of said Ordinance as follows:1/ "ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Sec. 951 Certificate of re -occupancy. (a) It shall be unlawful for any person to buy, sell, convey or transfer title to: any Dwelling, one -family or single-family; Dwelling, two-family; or Dwelling, multifamily without first obtaining a re -occupancy certificate issued by the code compliance director or designee. The certificate of re -occupancy, if issued, shall state that the city has inspected the dwelling and determined that the dwelling complies with the residential occupancy regulations of the zoning district on the property the dwelling is located. In the R-1 zoning districts, a certificate of re -occupancy shall not be issued for the presence or existence of more than one dwelling unit or residence. In R-2 zoning districts, a certificate of re - occupancy shall not be issued for the presence or existence of three or more dwellings units or residences. In R-3 and 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. Page 3 of 9 R-4 zoning districts a certificate of re -occupancy shall not issue for: any Dwelling, one -family or single-family for the presence or existence of more than one dwelling unit or residence; Dwelling, two-family for the presence or existence of three or more dwellings units or residences; or Dwelling, multifamily for the presence or existence of more than the legally permitted dwelling units. The provisions of this section shall not apply to the sale, conveyance or transfer of title of a new dwelling or residence that has never been occupied and that represents the first transaction since the issuance of the original certificate of occupancy. (b) It shall be unlawful for any person to sell, convey or transfer title to any: Dwelling, one -family or single- family; Dwelling, two-family; or Dwelling, multifamily owned by such person without first disclosing by written notice to the buyer, grantee or transferee the fact that a certificate of re -occupancy is required by this section. It is required that a seller, grantor or transferor deliver to the buyer, grantee or transferee a properly signed and approved city certificate of re -occupancy prior to the sale, conveyance or transfer of title to property zoned R-1, R-2, R-3 and R-4. (c) A seller, property owner or designated agent shall request a certificate of re -occupancy by submitting a completed application together with payment of an inspection Page 4 of 9 fee. Upon payment of a $50.00 inspection fee, a city inspector shall inspect the dwelling within 30 days and, if such dwelling is found to be in compliance with the residential occupancy regulations of the applicable zoning district, the city will issue a certificate of re -occupancy. Upon payment of a $100.00 inspection fee, a city inspector shall inspect the dwelling within 10 days and, if such dwelling is found to be in compliance with the residential occupancy regulations of the applicable zoning district, the city will issue a certificate of re -occupancy. A $25.00 fee shall be paid for each re -inspection performed by the city. The re -occupancy certificate shall be effective for six months and may be extended only one time for an additional six months upon payment of a $10.00 fee. Upon a real estate closing or title transfer the certificate of re -occupancy shall be recorded in the Miami -Dade County public records with the deed or other conveyance of title. (d) If a dwelling violates the residential occupancy regulations of the applicable zoning district, the city shall identify the violations of such regulations. Until there is compliance or correction of the violation of the residential occupancy regulations confirmed upon re - inspection, the certificate of re -occupancy will be withheld. Page 5 of 9 (e) Under circumstances where remedial action may reasonably extend beyond the date of the sale, conveyance or transfer, the city shall issue conditional certificates of re -occupancy with a compliance date set forth in the certificate. If the proposed remedial action includes correction of violations that immediately threaten the life or safety of the residents as listed in the certificate, the city shall identify such violations on the conditional certificate of occupancy. Upon compliance, the city shall issue a re -occupancy certificate. (f) Information gained or conditions observed in the course of any inspection conducted pursuant to the authority of this ordinance, shall not be utilized by the code inspectors as the basis for issuing new citations or notices of violation other than violations of the residential occupancy regulations permitted by the applicable zoning district. This shall not preclude other enforcement actions brought upon the basis of information gained or violations observed by other lawful means. (g) The certificate of re -occupancy does not constitute any representation or warranty as to the condition or any aspect of such condition of the dwelling or other structures on the premises for which the certificate is issued. The inspection made in connection with a certificate of re - occupancy is neither a structural, electrical, plumbing nor Page 6 of 9 mechanical inspection and does not represent that the premises conform to the provisions of the Florida Building Code, including the building and technical codes adopted by the city. Interested persons are advised and encouraged to obtain an inspection of the premises in order to determine the condition. (h) Lien and estoppel letters issued by the Department of Hearing Boards issued by the Miami -Dade Water and Sewer Department shall provide a notice that a certificate of re - occupancy is required for real estate transactions involving the sale conveyance or transfer of title of: Dwelling, one - family or single-family; Dwelling, two-family; or Dwelling, multifamily. (i) A certificate of re -occupancy shall be required in connection with all applicable real estate closings and other applicable transactions that occur on or after January 1, 2004. Section 3. Penalties --Every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance shall be punished by a civil penalty not to exceed $500.00 within the discretion of the court or administrative tribunal having jurisdiction. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty described above, the Page 7 of 9 City may pursue other remedies such as abatement of nuisance, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. 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 6. This Ordinance shall become effective thirty (30) days after final reading and adoption. z/ PASSED ON FIRST READING BY TITLE ONLY this day of , 2003. 2/ This Ordinance shall become effective as specified 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, whichever is later. Page 8 of 9 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 2003. ATTEST: PRISCILLA A. THOMPSON CITY CLERK ‘P'j APPROVED AS TO FORM AND CORRECTNESS:�� ALEJANDRO VILARELLO CITY ATTORNEY W1471:YM:GKW:et MANUEL A. DIAZ, MAYOR Page 9 of 9