HomeMy WebLinkAboutO-14078City of Miami
Ordinance 14078
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11927 Final Action Date: 7/28/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 2/SECTION 2-208 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TITLED
"ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND ZONING
DEPARTMENT/NEW PERMITS PROHIBITED, NON -HOMESTEAD
PROPERTIES," BY PROVIDING FOR THE ISSUANCE OF PERMITS IN
CERTAIN LIMITED INSTANCES TO TENANTS, UNITS OWNERS OR
BUILDING OWNERS LOCATED ON PROPERTIES WHERE THERE ARE
OUTSTANDING CITY CODE VIOLATIONS; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes, Mayor Francis X. Suarez
WHEREAS, on December 14, 2017, the City Commission adopted Ordinance No.
13717, prohibiting the issuance of permits for non -homestead properties with outstanding code
or building violations unless required for life -safety, curing the violations, or for governmental
entities; and
WHEREAS, the adoption of Ordinance No. 13717 has resulted in certain circumstances
causing difficulties for tenants and occupants of mixed use buildings or single structures with
multiple individual retail or office spaces when obtaining permits due to outstanding violations of
other tenants or occupants; and
WHEREAS, it is necessary to provide an avenue of relief to those tenants and
occupants that are not the cause or related to a code compliance violation so long as the
building containing such tenants and occupants does not represent a life -safety hazard; and
WHEREAS, the City Commission believes this is in the best interest of both the
residents and businesses of the City of Miami;
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.
Section 2. Chapter 2, Article IV, Division 2 of the City Code is amended in the following
particulars:
"CHAPTER 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 1 of 2 File ID: 11927 (Revision: C) Printed On: 6/13/2025
File ID: 11927 Enactment Number: 14078
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
DIVISION 2. PLANNING, BUILDING, AND ZONING DEPARTMENT
*
Sec. 2-208. - 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, Permits for units within buildings to which such
violations or monies owed are not attributable to the Permit applicant or permits for any
properties owned by a governmental entity are exempted from this prohibition. If a Permit
required to cure an existing violation has been applied for, with a complete application that is
being reviewed by the appropriate department, additional Permits may be issued for the
property that is the subject of violations or monies owed. Additional Permits issued are
conditioned to prohibit the issuance of a certificate of occupancy or completion (including
temporary or partial certificates of occupancy or completion) until the Permit to cure the
original outstanding Code Enforcement violation has been finalized and closed and all
monies owed, inclusive of costs, to the City are paid. Any exemption listed herein may not
be utilized for multi -unit structures wherein the violation has created a life safety issue for
either the adjacent units or the structure in its entirety.
*„
Section 3. 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 4. This Ordinance shall become effective immediately upon adoption by the City
Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
rider City Attor
8/1/2022
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 2 of 2 File ID: 11927 (Revision: C) Printed on: 6/13/2025