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HomeMy WebLinkAboutO-14303City of Miami Ordinance 14303 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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. SPONSOR(S): Commissioner Miguel Angel Gabela 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:' 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 4 File ID: 16136 (Revision:) Printed On: 8/5/2025 File ID: 16136 Enactment Number: 14303 "CHAPTER 2 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 #e-r 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: i. 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. Scc 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). City of Miami Page 2 of 4 File ID: 16136 (Revision:) Printed on: 8/5/2025 File ID: 16136 Enactment Number: 14303 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 engineer letter, pursuant to Section 7.1.3.7, Miami 21, the City's Zoning Ordinance. 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 engineer-& 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 Code 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 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: 16136 (Revision:) Printed on: 8/5/2025 File ID: 16136 Enactment Number: 14303 APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C1ty ttor -y 6/4/2024 City of Miami Page 4 of 4 File ID: 16136 (Revision:) Printed on: 8/5/2025