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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 13539 Title: AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 7, SECTION 7.1.3.7, TITLED "NO APPROVAL AVAILABLE IF CODE ENFORCEMENT VIOLATIONS," TO PROVIDE CLARIFICATION ON THE CIRCUMSTANCES IN WHICH AN APPLICATION SHALL NOT BE SCHEDULED FOR A PUBLIC HEARING NOR ANY APPROVALS BE ISSUED BY THE CITY OF MIAMI ("CITY") IF THE PROPERTY SUBJECT TO THE HEARING OR REQUEST HAS OPEN VIOLATION(S) AND/OR OWES MONIES TO THE CITY AND TO PROVIDE CONSISTENCY WITH SECTION 2-208 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: This legislation seeks to provide clarification on the circumstances in which an application shall not be scheduled for a public hearing nor any approvals be issued by the City of Miami if the property subject to the hearing or request has any open violations and/or owes any monies to the City of Miami. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On February 15, 2023, recommended approval, by a vote of 9-0. City of Miami File ID: 13539 (Revision:) Printed On: 7/1/2025 City of Miami Legislation Ordinance Enactment Number:14178 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 13539 Final Action Date: 5/25/2023 AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 7, SECTION 7.1.3.7, TITLED "NO APPROVAL AVAILABLE IF CODE ENFORCEMENT VIOLATIONS," TO PROVIDE CLARIFICATION ON THE CIRCUMSTANCES IN WHICH AN APPLICATION SHALL NOT BE SCHEDULED FOR A PUBLIC HEARING NOR ANY APPROVALS BE ISSUED BY THE CITY OF MIAMI ("CITY") IF THE PROPERTY SUBJECT TO THE HEARING OR REQUEST HAS OPEN VIOLATION(S) AND/OR OWES MONIES TO THE CITY AND TO PROVIDE CONSISTENCY WITH SECTION 2-208 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, Article 7, Section 7.1.3.7 of the Miami 21 Code currently provides that "[n]o approval may be issued if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing City enforcement procedure, or is the subject of a notice of violation of a state law or county ordinance where the business enterprise is located or is to be located, unless the subject of the application would cure the outstanding violation. Failure to comply with conditions and safeguards, when attached to a grant of a development order or permit, shall be deemed a violation of this Miami 21 Code"; and WHEREAS, Chapter 2, Section 2-208 of the Code of the City of Miami, Florida, as amended, ("City Code") provides that "[p]ermits 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."; and WHEREAS, Chapter 2, Section 2-208 of the City Code was recently amended to also exempt "permits for units within buildings to which such violations or monies owed are not attributable to the permit applicant" and further provides that "[i]f 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 City of Miami File ID: 13539 (Revision:) Printed On: 7/1/2025 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."; and WHEREAS, Article 7, Section 7.1.3.7 of the Miami 21 Code shall be amended to provide clarification on the circumstances in which an application shall not be scheduled for a public hearing and approvals not be issued by the City of Miami ("City") if the property subject to the hearing or request has any open violation(s) and/or owes any monies to the City and to provide more consistency with Section 2-208 of the City Code; and WHEREAS, consideration has been given to the relationship of this proposed amendment to the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the MCNP; the Miami 21 Code; and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on February 15, 2023 following an advertised public hearing, adopted Resolution No. PZAB-R-23- 017 by a vote of nine to zero (9-0), Item No. PZAB.2, recommending approval of the Miami 21 Code text amendment; 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. Article 7 of the Miami 21 Code is hereby amended in the following particulars:' "ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1. PROCEDURES 7.1.3 Application and Review Process * 7.1.3.7 No Approval Available if Code Enforcement Violations 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: 13539 (Revision:) Printed On: 7/1/2025 No approval or permit may be issued, and no application may be scheduled for public hearing, for a non -homestead property if the business, enterprise, occupation, trade, profession, property or activity is the subject of an ongoing city enforcement procedure, is the subject of any building violation(s), has any City lien or invoice due and owing to the City, or is the subject of a notice of violation of a state law or county ordinance where the business enterprise is located or is to be located, unless the subject of the application would the outstanding violation permit or approval is required to cure life safety issues, is required to bring outstanding violations into compliance, is for unit(s) within building to which violations or monies owed are not attributable to the permit applicant, or the property is wholly owned by a governmental entity. In addition, if an approval or permit required to cure the existing violation(s) has been applied for, with a complete application that is being reviewed by the appropriate department, additional approvals or permits may be scheduled for hearing and/or 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. This Section also applies to covenants, including but not limited to Unities of Title and Covenants in Lieu of Unity of Title. Failure to comply with conditions and safeguards, when attached to a grant of a development order or permit, shall be deemed a violation of this Miami 21 Code. *11 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. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective ten (10) days after the adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: �ndez, ity Attor 1 ey 3/30/2023 ndez, ity Attor ey 6/6/2023 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 File ID: 13539 (Revision:) Printed On: 7/1/2025