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File ID: #16136
Ordinance
Sponsored by: Miguel Gabela, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 2/SECTION 2-211 TITLED,
"ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND ZONING
DEPARTMENT/DENIAL OR REVOCATION OF CERTIFICATE OF USE," TO
CONFORM SECTION 2-211 TO THE MOTION APPROVED BY THE CITY
COMMISSION AND TO REMOVE LANGUAGE RELATED TO REPEAT OFFENDERS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
City of Miami File ID: 16136 (Revision:) Printed On: 8/5/2025
City of Miami
Legislation
Ordinance
Enactment Number: 14303
File Number: 16136 Final Action Date: 9/12/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 2/SECTION 2-211 TITLED,
"ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND ZONING
DEPARTMENT/DENIAL OR REVOCATION OF CERTIFICATE OF USE," TO
CONFORM SECTION 2-211 TO THE MOTION APPROVED BY THE CITY
COMMISSION AND TO REMOVE LANGUAGE RELATED TO REPEAT OFFENDERS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, on May 23, 2024, the City Commission adopted Ordinance No 14283,
amending Section 2-208 of the Code of the City of Miami, Florida, as amended ("City Code") to
provide the allowance for issuance of certificates of use for businesses unless there is an issued
violation by the City of Miami's ("City") Building Department; and
WHEREAS, Ordinance No. 14283 further amended Section 2-211 of the City Code by
restricting violations pursuant to Chapter 10 of the City Code from causing a denial or
revocation of a Certificate of Use in limited circumstances; and
WHEREAS, Ordinance No. 14283 was considered by the City Commission on first
reading on April 25, 2024, and during the discussion of the item, an amendment related to
repeat offenders was proffered but no specific language was agreed upon to be incorporated
into the main motion; and
WHEREAS, language providing for the discussed amendment was inadvertently
included in the version of the legislation adopted on second reading; and
WHEREAS, this proposed amendment is intended to further amend, clarify and conform
Section 2-211 of the City Code to the action taken by the City Commission on May 23, 2024,
which is in the best interests of the City and its residents;
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 File ID: 16136 (Revision:) Printed On: 8/5/2025
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
DIVISION 2. PLANNING, BUILDING, AND ZONING DEPARTMENT
Sec. 2-211. Denial or revocation of certificate of use.
(a) The zoning administrator shall deny the issuance or renewal of a certificate of use
when there are any outstanding city liens or invoices due and owing.
(b) Denial or revocation of certificate of use. The zoning administrator may deny the
issuance or renewal, or revoke a certificate of use only far if any of the following
reasons apply:
(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 finding of violation of chapter 10 of the City Code at an Unsafe Structure
Panel hearing, including but not limited to failure to obtain a 40-year certification,
where a life safety risk is present as determined by the Unsafe Structures Panel.
After a finding of violation with a life safety risk, any current Certificate of Use shall
be revoked, however, a property owner may qualify and maintain a Temporary
Certificate of Use based upon the following criteria:
A property owner may submit to the Unsafe Structure Panel, at the hearing, a
current letter from a Florida licensed structural engineer or architect as
applicable, under seal, stating the structure is safe for use and occupancy. -See
Section 10 101(d)(4). pursuant to Sec. 10-101(d)(4).
ii. Any such report letter may be rebutted by facts or testimony presented at the
Unsafe Structure Panel hearing or by an order of the Building Official pursuant
to Section 10-101(f)(1).
iii. If the Unsafe Structure Panel accepts the engineer's letter from the Florida
licensed engineer or architect, the property shall be eligible for a Temporary
Certificate of Use to be reviewed at 180-day intervals, from the date of the
cngincer letter, pursuant to Section 7.1.3.7, Miami 21, the City's Zoning
Ordinance.
City of Miami File ID: 16136 (Revision:) Printed On: 8/5/2025
iv. If the property owner does not have the required engineer letter from a Florida
licensed engineer or architect at the hearing, the Unsafe Structure Panel may
allow the letter to be provided within ten (10) days of the hearing to the Building
Department so as to qualify for a Temporary Certificate of Use.
v. Any issued Temporary Certificate of Use shall expire either 180_days after
issuance or 180-days after the a Florida licensed engineers or architect's letter
is issued, whichever comes first.
vi. The Temporary Certificate of Use can be renewed under these terms unless a
contrary determination after hearing is made by the Unsafe Structure Panel or
an order of the Building Official pursuant to Section 10-101(f)(1).
vii. If the required or updated Florida licensed engineer or architect letter is not
provided in the prescribed timely, the Temporary Certificate of Use shall be
revoked.
viii. A property owner, whether in corporate name or in their individual name, who
has had more than one (1) prior finding of violation of Chapter 10 of the City
Corte within the pact five (5) years for any property they own shall not be
cligiblc for the Temporary Ccrtificatc of Use. The Building Department shall
make their best efforts to discern repeat violations.
(c) 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.
(d) 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 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:
rge Wyy•ng IIV, C y ttor ey 6/4/2024
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: 16136 (Revision:) Printed On: 8/5/2025