HomeMy WebLinkAboutO-13936City of Miami
Ordinance 13936
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8025 Final Action Date: 10/22/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), TITLED
"ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING
DEPARTMENT," TO PROVIDE FOR INCLUSION OF BUILDING VIOLATIONS
AS A REASON FOR REVOCATION OF CERTIFICATES OF USE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Joe Carollo
WHEREAS, the Zoning Director has the authority to revoke the Certificate(s) of Use
("CU") of person(s) and/or businesses who are in violation of the Code of the City of Miami,
Florida, as amended ("City Code"), including violations of Chapter 10 of the City Code; and
WHEREAS, construction sites without proper work permits also create health, safety,
and well-being problems in the City of Miami ("City"); and
WHEREAS, property owners and businesses are operating with valid CUs while they
also have pending Building and Code Compliance issues for violations including work being
done without a permit, failure to get a timely forty (40) year building certification, and failing to
secure construction sites; and
WHEREAS, property and business owners with issued CUs have an equal responsibility
to ensure that their properties and businesses follow the requirements of the City Code to
continue to conduct business in the City; and
WHEREAS, the Building, Code Compliance, Zoning, and Resilience and Public Works
Departments have always worked together to strictly enforce the requirements of their
respective sections of the City Code, providing a method by which each Department can assist
the other in furthering their efforts to enforce the City Code; and
WHEREAS, this proposed amendment will create a more effective compliance effort and
is in the best interest of the residents of the City; and
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission,
by a majority vote, deemed this Ordinance to be of an emergency nature upon passing it on
First Reading at the October 8, 2020 City Commission meeting;
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 and incorporated as if fully set forth in this Section.
City of Miami Page 1 of 3 File ID: 8025 (Revision:) Printed On: 5/12/2025
File ID: 8025 Enactment Number: 13936
Section 2. Chapter 10 of the City Code is amended in the follow particulars:1
"CHAPTER 2"
PLANNING, BUILDING AND ZONING DEPARTMENT
Sec. 2-211. - Denial or revocation of certificate of use.
(a) The zoning administrator rnayshall deny the issuance or renewal of a certificate of use for
good cause.
(b) Revocation of certificate of use. The zoning administrator mayshall 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.
(7) There is a violation of Chapter 10 of the City Code, including but not limited to
failure to obtain a forty (40) year certification.
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.
(Ed) Appeal. If a certificate of use is denied or revoked, the applicant or an aggrieved party
who resides, occupies, or owns property within 500 feet of the property 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. The decision of the planning, zoning and appeals board
regarding a certificate of use may be appealed to the city commission by an applicant, an
aggrieved party who resides, occupies or owns property within 500 feet of the affected
property, or the planning and zoning department.
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 immediately after final reading and
adoption thereof.2
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 Page 2 of 3 File ID: 8025 (Revision:) Printed on: 5/12/2025
File ID: 8025 Enactment Number: 13936
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City tton
ey 10/13/2020
2 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 Page 3 of 3 File ID: 8025 (Revision:) Printed on: 5/12/2025