HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #2121
Date: 03/31/2017
Commission Meeting Date: 12/14/2017
Type: Ordinance
Subject: Compliance - Permit
Issuance
Requesting Department: City Manager's
Office
Sponsored By:
District Impacted: All
PURPOSE OF ITEM:
To amend Chapter 62-22 "Planning and Zoning/Schedule of Fees" and Chapter 2-272
"Administration/Construction Plan Checking Fee" of the Code of the City of Miami to
prohibit new permits from being issued for non -homestead properties where there are
outstanding code enforcement violations, building violations, city liens, or city invoices
due and owing with the exception of permits to repair necessary life safety issues and
open violations.
BACKGROUND INFORMATION:
There are many non -homestead properties in the City of Miami which currently have
open, non -compliant and pending violations, and/or unpaid liens and invoices with the
City. Currently, the owners of these properties can continue applying for permits to
improve their properties without correcting the violations or paying the due and owing
liens and invoices. The City can effectuate better compliance among these property
owners by requiring full code compliance and full payment of all outstanding monies to
the City prior to the issuance of any new permits, with the exception of permits that
pertain to life safety issues.
Budget Impact Analysis
Item is Related to Revenue
Reviewed B
City Commission Maricarmen Lopez
Office of Management and Budget Jacques Joseph
Office of Management and Budget Christopher M Rose
Department of Building Jose Camero
Department of Resilience and Public Works
Review Completed
Department of Planning
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
City Commission
Legislative Division
06/29/2017 11:47 AM
Luciana Gonzalez
Alberto N. Parjus
Valentin J Alvarez
Daniel J. Alfonso
Valentin J Alvarez
Victoria Mendez
Nicole Ewan
Valentin J Alvarez
Meeting
Budget Analyst Review
Budget Review
Building Department Head Review
Juvenal Santana
Planning and Zoning Head Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Legislative Division Review
Completed 04/27/2017 9:00 AM
Completed 06/19/2017 1:48 PM
Completed 06/27/2017 4:30 PM
Completed 06/28/2017 4:53 PM
Public Works Head
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
Completed
06/29/2017 1:27 PM
06/29/2017 1:32 PM
06/30/2017 10:08 AM
06/30/2017 3:39 PM
07/03/2017 3:13 PM
07/03/2017 6:36 PM
07/13/2017 9:00 AM
11/07/2017 1:25 PM
City of Miami File ID: 2121 (Revision: B) Printed On: 3/25/2025
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Barnaby L. Min
Victoria Mendez
Nicole Ewan
Mayor's Office
City Clerk's Office
City Clerk's Office
Deputy Attorney Review
Approved Form and Correctness
Meeting
Signed by the Mayor
Completed
Completed
Completed
Completed
Signed and Attested by the City Clerk Completed
Rendered Completed
11/07/2017 1:34 PM
12/04/2017 5:44 PM
12/14/2017 9:00 AM
12/22/2017 12:12 PM
12/22/2017 12:53 PM
12/22/2017 12:53 PM
City of Miami File ID: 2121 (Revision: B) Printed On: 3/25/2025
City of Miami
Legislation
Ordinance
Enactment Number:13717
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2121 Final Action Date: 12/14/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
NEW SECTION 2-208 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), ENTITLED "NEW PERMITS PROHIBITED,
NON -HOMESTEAD PROPERTIES," TO PROHIBIT NEW PERMITS FROM
BEING ISSUED FOR NON -HOMESTEAD PROPERTIES WHERE THERE
ARE OUTSTANDING CODE ENFORCEMENT VIOLATIONS, BUILDING
VIOLATIONS, CITY LIENS, OR CITY INVOICES DUE AND OWING;
AMENDING SECTION 10-4 OF THE CITY CODE TO ADD SECTION 10-
4(6)(6), ENTITLED "NEW PERMITS PROHIBITED, NON -HOMESTEAD
PROPERTIES," FOR THE SAME PURPOSE; FURTHER AMENDING
SECTION 62-22 OF THE CITY CODE, ENTITLED "PLANNING AND
ZONING/SCHEDULE OF FEES," FOR THE SAME PURPOSE;
EXCEPTING PERMITS TO REPAIR NECESSARY LIFE SAFETY ISSUES
AND OPEN VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, there are many non -homestead properties in the City of Miami ("City") which
currently have open, non -compliant, and pending code enforcement violations with the City; and
WHEREAS, there are many non -homestead properties in the City which currently have
open, non -compliant, and pending building violations with the City; and
WHEREAS, there are many non -homestead properties which have unpaid liens and
invoices with the City; and
WHEREAS, currently, owners of non -compliant properties can obtain permits from the
City to improve their properties without correcting the current violations or without paying the
due and owing City liens or invoices; and
WHEREAS, the City can effectuate better compliance among these property owners by
requiring full code compliance and full payment of all outstanding monies owed to the City prior
to the issuance of any new permits; and
WHEREAS, compliance with this ordinance would not be required if the requested
permits pertained to life safety issues or were required in order to bring an outstanding violation
into compliance; and
WHEREAS, this legislation is in the best interest of the residents and businesses of the
City as it promotes full compliance with the City's laws;
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.
City of Miami File ID: 2121 (Revision: B) Printed On: 3/25/2025
Section 2. Section 2-208 of the Code of the City of Miami, Florida ("City Code"), is
amended in the following particulars:1
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
DIVISION 2. PLANING, BUILDING AND ZONING DEPARTMENT
Sec. 2-208. Reserved. New permits prohibited, non -homestead properties.
Permits shall not be issued for a non -homestead property with any outstanding Code
Enforcement Violations, Building Violations, or any relevant City lien or invoice due and owing
to the City. Permits required to cure life safety issues, permits which are required to bring
outstanding violations into compliance, or permits for any properties owned by a
governmental entity are exempted from this prohibition.
*„
Section 3. Section 10-4 of the Code of the City of Miami, Florida ("City Code"), is
amended in the following particulars:1
"CHAPTER 10
ARTICLE I. IN GENERAL
*
Sec. 10-4. Building permit fee schedule.
Sec. 10-4(b)(6). New permits prohibited, non -homestead properties. Permits shall not be
issued for a non -homestead property with any outstanding Code Enforcement Violations,
Building Violations, or any relevant City lien or invoice due and owing to the City. Permits
required to cure life safety issues, permits which are required to bring outstanding violations
into compliance, or permits for any properties owned by a governmental entity are exempted
from this prohibition.
*„
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: 2121 (Revision: B) Printed On: 3/25/2025
Section 4. Section 62-22 of the Code of the City of Miami, Florida ("City Code"), is
amended in the following particulars:1
"CHAPTER 62
PLANNING AND ZONING"
Article VI. Zoning and Planning Fees
Sec. 62-22. Schedule of Fees.
a) Except for a specific permit addressed in section 10-4, building permit fee schedule, any
application for a change in the district classification or modification of the regulations affecting
any property or for a plan amendment or for any permit required by the zoning ordinance or
article XIII of this chapter, shall be accompanied by an application fee in the amount set forth
opposite the requested item in this section=. Permits shall not be issued for a non -homestead
property with any outstanding Code Enforcement Violations, Building Violations, or any
relevant City lien or invoice due and owing to the City. Permits required to cure life safety
issues, permits which are required to bring outstanding violations into compliance, or permits
for any properties owned by a governmental entity are exempted from this prohibition.
*„
Section 5. 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 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
-ndez, ity Attor
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: 2121 (Revision: B) Printed On: 3/25/2025