HomeMy WebLinkAboutO-14178City of Miami
Ordinance 14178
Legislation
City Hall
3500 Pan American 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
SPONSOR(S): Commissioner Christine King, Commissioner Manolo Reyes
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
City of Miami Page 1 of 4 File ID: 13539 (Revision:) Printed On: 7/1/2025
File ID: 13539 Enactment Number: 14178
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."; 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
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 4 File ID: 13539 (Revision:) Printed on: 7/1/2025
File ID: 13539 Enactment Number: 14178
7.1.3.7 No Approval Available if Code Enforcement Violations
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
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 4 File ID: 13539 (Revision:) Printed on: 7/1/2025
File ID: 13539 Enactment Number: 14178
APPROVED AS TO FORM AND CORRECTNESS:
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City of Miami Page 4 of 4 File ID: 13539 (Revision:) Printed on: 7/1/2025