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HomeMy WebLinkAboutR-22-0307City of Miami Resolution R-22-0307 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12389 Final Action Date: 7/28/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CREATE A SYSTEM TO IDENTIFY THOSE WHO COMMIT REPEAT VIOLATIONS AS DEFINED IN SECTION 2-811 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND WHO CONTINUE TO PERFORM ILLEGAL WORK ON THEIR PROPERTIES WITHOUT PROPER PERMITTING AND WHO APPLY FOR PERMITTING FOR OTHER PROPERTIES WITHOUT COMPLYING THE ORIGINAL VIOLATION(S); TO DRAFT LEGISLATION TO AMEND THE CITY CODE TO ALLOW FOR PERMIT DENIAL WHEN THE OWNER IS A CODIFIED REPEAT VIOLATOR UNTIL THE ORIGINAL VIOLATION(S) ARE CLEARED; AND TO REPORT BACK TO THE MIAMI CITY COMMISSION THE FIRST MEETING OF SEPTEMBER 2022. SPONSOR(S): Commissioner Joe Carollo WHEREAS, pursuant to Chapter 2, Article X, Section 811 of the City Code, a Repeat Violation is defined as, "a violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations;" and WHEREAS, a corporation or its owner can continue to commit violations of the City Code and, in some cases, be allowed to obtain permitting for other properties while leaving the violation properties non -complied; and WHEREAS, these Repeat Violations create major life safety issues not only for residents and business who occupy such property structures, but pose a danger to the entire community; and WHEREAS, these owners, whether they own the property through a corporation or personally, have been able to continue practicing their illegal business models from one lot to the next without repercussion except for violations which require them to appear before the Code Enforcement Board and enhanced fines; and WHEREAS, these repeat violation owners should not be allowed access to permitting within the City of Miami until they have cleaned up their prior illegal acts, and WHEREAS, at this time, the City lacks the ability to properly track Repeat Violation owners and needs to create a system by which it can do so as well as to provide legislation to hinder the reward of allowing permitting to these owners while they allow their other properties to languish; City of Miami Page 1 of 2 File ID: 12389 (Revision:) Printed On: 6/16/2025 File ID: 12389 Enactment Number: R-22-0307 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 Miami City Commission directs the City Manager to create a system to identify those who commit Repeat Violations as defined in Section 2-811 of the Code of the City of Miami, Florida, as amended ("City Code") and who continue to perform illegal work on their properties without proper permitting and who also apply for permitting for other ones without complying the original violation(s) and to draft legislation to amend the City Code to allow for permit denial when the owner is a codified Repeat Violator until the original violation(s) are cleared and to report back to the Miami City Commission the first meeting of September 2022. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 8/12/2022 City of Miami Page 2 of 2 File ID: 12389 (Revision:) Printed on: 6/16/2025