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HomeMy WebLinkAboutOrdinanceCity of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16245 Final Action Date: 9/26/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-212 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND ZONING DEPARTMENT/RESERVED," TO CREATE A NEW SECTION 2-212, TITLED "CERTIFICATE OF RE -OCCUPANCY FOR SINGLE-FAMILY RESIDENCES PRIOR TO RESALE," TO ALLOW FOR INSPECTIONS BY THE CITY OF MIAMI CODE COMPLIANCE DEPARTMENT TO DETERMINE WHETHER ANY CURRENT ZONING VIOLATIONS EXIST ON THE PROPERTY AND TO DETERMINE IF THE PROPERTY USAGE IS AS ALLOWED BY LAW; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR A THIRTY DAY EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, several local governments in Miami -Dade County have adopted legislation providing for pre -sale inspections of single-family homes by local code enforcement inspectors to determine whether there are any pending/open code violations on the property, whether there are any outstanding code enforcement liens present, and if the current usage and/or configuration of the property structure is as allowed by law; and WHEREAS, it is not uncommon for realtors and sellers to advertise single family homes for usage that is not allowed or has not been permitted and implying to buyers it is okay, thus putting a buyer in the unenviable position of having to fix the illegalities thrust upon them by the realtor and sellers; and WHEREAS, many of these problems will ensue from single family homes being impermissibly turned into 2, 3, or 4 unit structures, or illegal rooming houses or illegal vacation rentals; and WHEREAS, the provision to allow for a pre -sale inspection by the City of Miami Code Compliance Department will provide buyers with the knowledge they need to make informed decisions and assist in bringing many structure into compliance with the law and providing for a safe environment for those residing therein; and WHEREAS, the sale of single-family homes illegally remodeled has led to increased costs to the buyers of these single-family residences because of the misrepresentations and misunderstandings of the law; and WHEREAS, any Certificate of Re -Occupancy will be accompanied by a minimal fee based upon the cost of inspection and research services performed and is in the best interests of the residents of the City of Miami as it further promotes their health, safety and welfare; City of Miami Page 1 of 6 File ID: 16245 (Revision:) Printed On: 8/5/2025 File ID: 16245 Enactment Number: 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 ADMINISTRATION ARTICLE IV. DEPARTMENTS DIVISION 2. PLANNING, BUILDING, AND ZONING DEPARTMENT Sec. 2-212. Reserved.Certificate of Re -Occupancy for Single -Family Residences Prior to Resale. (a) Intent and Applicability. It is the intent of this Section that all single-family residential properties in the City be inspected and certified for appropriate occupancy and usage prior to any transfer of ownership. The provisions of this Section shall not apply to the sale, conveyance or transfer of title of a new Single -Family Residence that has never been occupied. The provisions contained in this Section shall be applicable to all single-family residentially zoned properties (T-3 Transect Zones). f Definitions Certificate of Re -Occupancy. A Certificate issued by the Zoning Department after application is made and inspection is completed by the Code Compliance Department or Designee. Notice of Non -Compliance: Notice issued by the Code Compliance Inspector within ten (10) days of inspection informing the buyer / seller of the observed irregularities and corrective action to take. Single -Family Residence: Detached Building used as permanent residence by a single housekeeping unit. The term is general, applying to all detached house types. Also known as Principal Dwelling Unit. 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 6 File ID: 16245 (Revision:) Printed on: 8/5/2025 File ID: 16245 Enactment Number: Compliance or certification. All Single -Family Residential properties in the City shall comply with the following provisions: Lll It shall be unlawful for any person, firm or corporation to buy, sell, convey, or transfer, any Single -Family Residence without first obtaining a Re -Occupancy Certificate from the Zoning Department. The Re -Occupancy Certificate, if issued, shall state that the City has inspected the subject premises and has determined that the subject premises is in compliance with the Single -Family Residential occupancy regulations of Ordinance 13114, also known as Miami 21, as amended, and that the dwelling is designed, configured, and being used for Single - Family Residential purposes only. ii No Re -Occupancy Certificate may be issued if the subject premises is not in compliance with the Single -Family Residential occupancy regulations of Miami 21 or if it is found to be designed, configured or being used in a manner other than that of a Single -Family Residence. A Single -Family Residence constructed prior to Miami 21 will be required to be in compliance with the Zoning Ordinance or City Code that was in existence at the time of its construction or when any modifications were made. (iv) The form of the Certificate shall be prepared by the City and may be amended from time to time as determined to be required by the City. gj It shall be unlawful for any person, firm or corporation to close on the transfer or conveyance of any Single -Family Residence owned by such person, firm or corporation, without the property owner/seller having first disclosed, by written notice to the buyer, grantee or transferee, the fact that a Re -Occupancy Certificate is required by the City in order to properly convey or transfer title to the subject premises. The form of the disclosure notice shall be prepared by the City and may be amended from time to time as determined to be required by the City. It shall be the responsibility of the property owner/seller to apply for Re - Occupancy Certificate inspection with the Zoning Department. The City shall provide an appropriate application form for this purpose and shall establish the fee for the initial inspection. fiL The form of application and the amount of the fee charged for the initial inspection may be amended from time to time as determined to be required by the City to cover the costs of application processing and inspections. (iii) A property survey no more than one (1) year in age shall be provided with the application. Upon receipt of an application for inspection and the payment of the initial inspection fee: City of Miami Page 3 of 6 File ID: 16245 (Revision:) Printed on: 8/5/2025 File ID: 16245 Enactment Number: A Code Compliance Department Inspector shall inspect the subject property within twenty (20) days of payment. ii The Re -Occupancy Certificate shall be issued should the subject premises be determined to be in compliance with the Single -Family Residential occupancy regulations and that it is designed, configured and being used for single-family residential purposes only within ten (10) days of the date of inspection. If the subject property does not meet compliance, the Code Compliance Department shall prepare an itemized list of violations that were ascertainable which render the subject property in non -conformity as a Single -Family Residence as well as a listing of how the usage does not comply with the design or configuration of a Single -Family Residence within ten (10) days of the inspection. iv The aforesaid notice shall be posted at the property site and sent certified mail to the property owner/seller. The property owner/seller may appeal this determination by written appeal to the City Manager or Designee within five (5) days of posting at the subject property. vi Upon receipt of a written notice of appeal, the City Manager or Designee shall conduct an appeal hearing at the earliest possible time, but no more than twenty (20) days from the receipt by the City of the appeal. (vii) The written appellate decision of the City Manager or Designee shall constitute final City action with regard to the determination of the issuance of a Re -occupancy Certificate. (viii) No Certificate of Re -Occupancy shall be issued by the Zoning Department for any premises until all specified violations have been corrected to the satisfaction of the City. As an alternative to appealing the determination of property noncompliance, the property owner/seller may request the issuance of a Re -occupancy Certificate on a "conditional" basis. In order to initiate the "conditional" issuance process, the property owner/seller shall be required to: Pay the Certificate for Re -Occupancy fee in full. ii Provide the City with a written plan approved by the Zoning Department to come into compliance with the violations. The written plan shall have the signature of both the owner/seller and the buyer. iv Any plan will be provided six (6) months from the time approval to come into compliance to the satisfaction of the City. Lij It is the responsibility of the owner/seller to request the reinspection of the property. City of Miami Page 4 of 6 File ID: 16245 (Revision:) Printed on: 8/5/2025 File ID: 16245 Enactment Number: (vi) If compliance and approval is achieved within the six (6) months, the Certificate of Re -Occupancy shall be issued by the Zoning Department. Reinspection after loss of appeal or failure to comply with the alternate compliance method. It shall be the responsibility of the property owner/seller to apply for the reinspection of any premises that has previously been denied the issuance of a Re -occupancy Certificate. Upon receipt of an application for reinspection and the payment of the reinspection fee, a Code Compliance Inspector shall inspect the subject property within twenty (20) days. The City shall provide an appropriate application form for this purpose. The form of application and the amount of the fee charged for each reinspection may be amended from time to time as determined to be required by the City. M Re -Occupancy Certificates issued following initial inspections or re -inspections shall remain effective for 45 days from issuance. The effective period for such Certificates may be extended one time for an additional 45 days upon the payment of an extension fee to be established by City. If the subject premises is not transferred or conveyed, and the Re -Occupancy Certificate recorded, within the effective period of any Re -occupancy Certificate, the property owner/seller shall be required to reapply for a new Re -occupancy Certificate. The amount of the fee charged for the extension of the effective period of any Re -occupancy Certificate may be amended from time to time as determined to be required by the City. Upon the closing of any transfer or conveyance of title of any Single -Family Residential premises issued a Certificate, the City's original Re -Occupancy Certificate shall be recorded in the public records of Miami -Dade County, Florida, by the owner/seller along with the deed or other title conveyance document for the subject premises. LQI Failure to comply. Any Single -Family Residential property that is bought, sold, conveyed or transferred without first securing the Re -Occupancy Certificate required by this Section shall be in violation of this Section and either the owner or buyer, whomever has valid title will be subject to a violation pursuant of Chapter 2, Article X of the City Code. A Certificate must be obtained in order to achieve compliance. Information secured. Information gained or conditions observed in the course of any inspection conducted pursuant to the authority of this Section shall not be utilized by the Code Compliance or Zoning Departments as the basis for the issuance of new citations or notices of violation. However, this provision shall preclude the initiation of other enforcement actions, including life safety violations or violations observed or determined by other lawful means. fl Notice. All City responses to requests for lien or estoppel information regarding any Single -Family Residential property in the City shall contain a notice provision therein that Re -Occupancy Certificates are required for all real estate transactions involving the transfer or conveyance of title to all Single -Family Residential properties in the City. Penalties. Any property for which an approved Re -Occupancy or Conditional Re - Occupancy certificate is not obtained prior to the transfer of title shall be subject to a City of Miami Page 5 of 6 File ID: 16245 (Revision:) Printed on: 8/5/2025 File ID: 16245 Enactment Number: violation pursuant of Chapter 2, Article X of the City Code or any other action allowed by law. One method of enforcement shall not preclude another. ILI Estoppel. The City inspection is not a thorough review of the property structure for compliance with all requirements of State Statute, the Florida Building Code, Miami Dade County Code, the City Code or any other applicable law. A Certificate of Re - Occupancy shall not constitute a representation or warranty was to the condition, or any aspect of such condition, of the subject property. The City inspection in connection with the issuance of the Certificate of Re -Occupancy is neither a structural, electrical, plumbing, mechanical or any other substantive inspection of the structure. The Certificate of Re -Occupancy is merely a tool to help ensure compliance with open and obvious Zoning violations and illegal usage issues. This inspection is not to be used as or considered approval for pre-existing law violations or "grandfathering" that are not ascertainable due to the narrow confines for which the Code Compliance Inspector is tasked. *„ 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 thirty (30) days upon adoption by the City Commission and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge Wys ng III, C y ttor -y 6/17/2024 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 Page 6 of 6 File ID: 16245 (Revision:) Printed on: 8/5/2025