HomeMy WebLinkAboutO-13717City of Miami
Legislation
Ordinance 13717
File Number: 2121
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/14/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW
SECTION 2-208 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), ENTITLED "NEW PERMITS PROHIBITED, NON -
HOMESTEAD PROPERTIES," TO PROHIBIT NEW PERMITS FROM BEING
ISSUED FOR NON -HOMESTEAD PROPERTIES WHERE THERE ARE
OUTSTANDING CODE ENFORCEMENT VIOLATIONS, BUILDING VIOLATIONS,
CITY LIENS, OR CITY INVOICES DUE AND OWING; AMENDING SECTION 10-4
OF THE CITY CODE TO ADD SECTION 10-4(B)(6), ENTITLED "NEW PERMITS
PROHIBITED, NON -HOMESTEAD PROPERTIES," FOR THE SAME PURPOSE;
FURTHER AMENDING SECTION 62-22 OF THE CITY CODE, ENTITLED
"PLANNING AND ZONING/SCHEDULE OF FEES," FOR THE SAME PURPOSE;
EXCEPTING PERMITS TO REPAIR NECESSARY LIFE SAFETY ISSUES AND
OPEN VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, there are many non -homestead properties in the City of Miami ("City") which
currently have open, non-compliant, and pending code enforcement violations with the City; and
WHEREAS, there are many non -homestead properties in the City which currently have
open, non-compliant, and pending building violations with the City; and
WHEREAS, there are many non -homestead properties which have unpaid liens and
invoices with the City; and
WHEREAS, currently, owners of non-compliant properties can obtain permits from the
City to improve their properties without correcting the current violations or without paying the
due and owing City liens or invoices; and
WHEREAS, the City can effectuate better compliance among these property owners by
requiring full code compliance and full payment of all outstanding monies owed to the City prior
to the issuance of any new permits; and
WHEREAS, compliance with this ordinance would not be required if the requested
permits pertained to life safety issues or were required in order to bring an outstanding violation
into compliance; and
WHEREAS, this legislation is in the best interest of the residents and businesses of the
City as it promotes full compliance with the City's laws;
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.
City of Miami Page 1 of 3 File ID: 2121 (Revision: 8) Printed On: 3/2/2018
File ID: 2121
Enactment Number: 13717
Section 2. Section 2-208 of the Code of the City of Miami, Florida ("City Code"), is
amended in the following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
DIVISION 2. PLANING, BUILDING AND ZONING DEPARTMENT
Sec. 2-208. Reserved New permits prohibited, non -homestead properties.
Permits shall not be issued for a non -homestead Drooerty with anv outstandina 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.
Section 3. Section 10-4 of the Code of the City of Miami, Florida ("City Code"), is
amended in the following particulars:'
"CHAPTER 10
ARTICLE I. IN GENERAL
Sec. 10-4. Building permit fee schedule.
Sec. 10-4(b)(6). New Dermits prohibited. non -homestead orooerties. Permits 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 Dermits for anv Droaerties owned by a aovernmental entitv are exemated
from this prohibition
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 3 File ID: 2121 (Revision: 8) Printed on: 3/2/2018
File ID: 2121
*„
Enactment Number: 13717
Section 4. Section 62-22 of the Code of the City of Miami, Florida ("City Code"), is
amended in the following particulars:'
"CHAPTER 62
PLANNING AND ZONING"
Article VI. Zoning and Planning Fees
Sec. 62-22. Schedule of Fees.
a) Except for a specific permit addressed in section 10-4, building permit fee schedule, any
application for a change in the district classification or modification of the regulations affecting
any property or for a plan amendment or for any permit required by the zoning ordinance or
article XIII of this chapter, shall be accompanied by an application fee in the amount set forth
opposite the requested item in this section=. Permits 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.
*„
Section 5. 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 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.z
APPROVED AS TO FORM AND CORRECTNESS:
1 �_,
i ria i ndez, City Attor iey 7/3/2017 i ria i "ndez, City Attor iey 12/4/2017
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 3 File ID: 2121 (Revision: 8) Printed on: 31212018