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File ID: #5517
Resolution
Sponsored by: Commissioner Wifredo Gort, Commissioner Joe Carollo,
Commissioner Manolo Reyes
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO ESTABLISH A POLICY REGARDING COMMERCIAL AND OTHER
NON-RESIDENTIAL PROPERTIES THAT ALLOWS PROPERTY OWNERS A
REASONABLE TIME TO COMPLY WITH ANY CODE VIOLATIONS PURSUANT TO
CHAPTER 162, FLORIDA STATUTES, NOT TO EXCEED THIRTY (30) DAYS;
FURTHER DIRECTING THE CITY MANAGER TO ESTABLISH A POLICY FOR
COMMERCIAL AND OTHER NON-RESIDENTIAL PROPERTIES, REPEAT
VIOLATORS, AND/OR ANY SUBSIDIARY THEREOF THAT A) REQUIRES
PROPERTIES THAT HAVE NOT BEEN BROUGHT INTO COMPLIANCE WITHIN THE
ORIGINAL TIME ALLOTTED TO APPEAR AT THE NEXT AVAILABLE BOARD
HEARING, B) REQUIRES PROPERTIES WITH THREE (3) VIOLATIONS WITHIN A
FIVE (5) YEAR PERIOD TO BE REFERRED DIRECTLY TO THE BOARD, AND C)
DISALLOWING ADDITIONAL EXTENSIONS OF TIME WITHOUT PRIOR BOARD
APPROVAL.
City of Miami
Legislation
Resolution
Enactment Number: R-19-0112
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5517 Final Action Date:3/14/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO ESTABLISH A POLICY REGARDING COMMERCIAL AND OTHER
NON-RESIDENTIAL PROPERTIES THAT ALLOWS PROPERTY OWNERS A
REASONABLE TIME TO COMPLY WITH ANY CODE VIOLATIONS PURSUANT TO
CHAPTER 162, FLORIDA STATUTES, NOT TO EXCEED THIRTY (30) DAYS;
FURTHER DIRECTING THE CITY MANAGER TO ESTABLISH A POLICY FOR
COMMERCIAL AND OTHER NON-RESIDENTIAL PROPERTIES, REPEAT
VIOLATORS, AND/OR ANY SUBSIDIARY THEREOF THAT A) REQUIRES
PROPERTIES THAT HAVE NOT BEEN BROUGHT INTO COMPLIANCE WITHIN THE
ORIGINAL TIME ALLOTTED TO APPEAR AT THE NEXT AVAILABLE BOARD
HEARING, B) REQUIRES PROPERTIES WITH THREE (3) VIOLATIONS WITHIN A
FIVE (5) YEAR PERIOD TO BE REFERRED DIRECTLY TO THE BOARD, AND C)
DISALLOWING ADDITIONAL EXTENSIONS OF TIME WITHOUT PRIOR BOARD
APPROVAL.
WHEREAS, Section 162.03, Florida Statutes, provides that a municipality, at its option,
may create a local government code enforcement board; and
WHEREAS, the City of Miami ("City") has established code enforcement proceedings in
Chapter 2, Article X of the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, the City Code is currently silent on time frames regarding scheduling cases
before the Code Enforcement Board ("Board"); and
WHEREAS, the intent of this Resolution is to establish a more efficient process to
ensure cases regarding commercial and other non-residential properties are scheduled for
hearings in a timely fashion; and
WHEREAS, all cases should be given a reasonable time to comply as established in
Chapter 162, Florida Statutes; and
WHEREAS, cases regarding commercial and other non-residential properties, business
establishments and repeat violators should be set for the next available Board hearing if said
violations are not corrected within the time allotted for compliance; and
WHEREAS, the City Commission has determined that it is in the best interests of the
public to streamline the process of moving Code Compliance cases to the Board in a timely
fashion, especially cases involving commercial and other non-residential properties, business
establishments, and repeat violators;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is directed to establish a policy regarding commercial and
other non-residential properties that allows property owners a reasonable time to comply with
any code violations pursuant to Chapter 162, Florida Statutes, not to exceed thirty (30) days.
Section 3. The City Manager is further directed to establish a policy for commercial and
other non-residential properties, repeat violators, and/or any subsidiary thereof that a) requires
properties that have not been brought into compliance within the original time allotted to appear
at the next available Board hearing, b) requires properties with three (3) violations within a five
(5) year period to be referred directly to the Board, and c) disallowing additional extensions of
time without prior Board approval.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 3/5/2019
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.