HomeMy WebLinkAboutO-14383City of Miami
Ordinance 14383
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17606 Final Action Date: 7/24/2025
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), TITLED
"ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING
DEPARTMENT," MORE PARTICULARLY BY AMENDING SECTION 2-211,
TITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE," BY
RESTRICTING CHAPTER 10 OF THE CITY CODE VIOLATIONS FROM
CAUSING A DENIAL OR REVOCATION OF A CERTIFICATE OF USE IN
LIMITED CIRCUMSTANCES; DIRECTING THE CITY MANAGER TO REPORT
BACK TO THE CITY COMMISSION IN ONE (1) YEAR; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
SPONSOR(S): Commissioner Damian Pardo
WHEREAS, on December 14, 2017, the City Commission adopted Ordinance No.
13717, establishing a new Section 2-208 of the Code of the City of Miami, Florida, as amended,
("City Code") prohibiting the issuance of permits for non -homestead properties with outstanding
code or building violations unless required for life -safety, curing the violations, or for
governmental entities; and
WHEREAS, on October 22, 2020, the City Commission adopted Ordinance No. 13936,
amending Section 2-211 of the City Code to provide for revocation of a Certificate of Use for
properties with a Chapter 10 building violation, including but not limited to failure to obtain a forty
(40) year certification; and
WHEREAS, on July 28, 2022, the City Commission adopted Ordinance No. 14078,
amending Section 2-208 of the City Code to provide for the issuance of permits in certain limited
instances to tenants, units owners or building owners located on properties where there are
outstanding city code violations; and
WHEREAS, on May 23, 2024, the City Commission adopted Ordinance No. 14283,
amending Section 2-208 and 2-211 of the City Code to, inter alia, restrict violations of Chapter
10 of the City Code from causing a denial or revocation of a certificate of use in limited
circumstance; and
WHEREAS, on September 12, 2024, the City Commission adopted Ordinance No.
14303, further amending and clarifying Section 2-211 of the City Code related to the denial and
revocation of a Certificate of Use; and
WHEREAS, these regulations have caused difficulties with tenants and occupants of
buildings that are mixed use or contain multiple individual retail or office spaces obtaining
City of Miami Page 1 of 4 File ID: 17606 (Revision: B) Printed On: 8/19/2025
File ID: 17606 Enactment Number: 14383
Certificates of Use due to violations; and
WHEREAS, the proposed amendments to Chapter 2, Section 2-211 of the City Code,
titled "Denial or Revocation of Certificate of Use," will establish and update the criteria for when
a Certificate of Use is to be denied or revoked due to a violation of Chapter 10 of the City Code;
and
WHEREAS, on May 21, 2025 at a publicly noticed meeting, the Planning, Zoning and
Appeals Board ("PZAB") considered the City Code amendment, item PZAB 3, and passed
PZAB-R-25-027, recommending approval, by a vote of eight to zero (8-0); and
WHEREAS, the City Commission finds that the relaxation of the criteria in Section 2-11
of the City Code will be in the best interest of the residents and businesses in the City of Miami
and still provide life safety protections;
NOW, THEREFORE, BE IT ORDAINED BY COMMISION 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 hereby amended in the
following particulars:1
"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 may shal4 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 for any of the following reasons:
(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.
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: 17606 (Revision: B) Printed on: 8/19/2025
File ID: 17606 Enactment Number: 14383
(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 thc City Codc at an unsafc ctructurc
panel hearing, including but not limited to failure to obtain a /10 year certification, where a
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:
i4 property owner mays omit to the I Insafe Str cti ire Panel at the hearin`r a
current letter from a Florida licensed engineer or architect as applicable, under
c I, stating thc structurc is safc for use and occupancy pursuant to Scc. 10
101(d)('I ).
li. ii. Any such letter may be rebutted by facts or testimony presented at the
Section 10 101(f)(1).
iii. If the Unsafe Structure Panel accepts the letter from the Florida licensed
cnginccr or architcct, thc property shall be cligiblc for a Tcmporary Certificate of
Use to be reviewed at 1 80 clay intervals from the date of the letter oursuant to
Section 7.1.3.7, Miami 21, the City's Zoning Ordinance.
iv. iv. If the property owner does not have the required letter from a Florida
licensed engineer or architect at the hearing, the Unsafe Structure Panel may
allow thc Icttcr to be providcd within ten (10) days of the hearing to the Building
Department so as to qualify for a Temporary Certificate of Use.
v. v. Any issued Temporary Certificate of Use shall expire either 180 days after
l-nuance or 180 days after a Florida licensed engineer or architcct's Icttcr is
frcued, whichever comes first.
vi. vi. The Temporary Certificate of Use can be rcncwcd undcr thcsc tcrms
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. vii. If the required or updated Florida licensed engineer or architect letter is not
provided in the prescribed time, the Temporary Certificate of Use shall be
revoked.
(7) In the event that the Unsafe Structures Panel determines the existence of an unsafe
structure violation pursuant to Chapter 10 of the City Code, any occupied structure which
requires a Certificate of Use for itself and/or tenants shall be required to provide a letter
City of Miami Page 3 of 4 File ID: 17606 (Revision: B) Printed on: 8/19/2025
File ID: 17606 Enactment Number: 14383
from a Florida licensed engineer or architect stating the structure is safe for occupancy
in order to obtain and/or maintain a Certificate of Use. Without such letter, a Certificate
of Use shall be revoked or denied. This letter must be updated a minimum of every
twelve (12) months until the violation has been complied. If there is an order to demolish
the structure by the Unsafe Structure Panel or it is determined by the Building Official
that there is actual or immediate danger of the failure or collapse of a structure, the
Building Official or Designee shall refer the violation to the Zoning Department and the
Zoning Administrator shall then initiate the revocation of any active Certificates of Use
and deny any subsequent applications for a Certificate of Use until such time as the
violation has been complied.
(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. The City Manager shall report back to the City Commission in one (1) year
regarding the ordinance, including but not limited to its effectiveness and any issues
encountered.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected.
Section 5. This Ordinance shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
2 If the Mayor does not sign this Ordinance, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. 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 4 of 4 File ID: 17606 (Revision: B) Printed on: 8/19/2025