O-430-81 ORDINANCE NO. 430-81
AN ORDINANCE TO REMEDY, ELIMINATE AND PREVENT
BLIGHT CONDITIONS IN MIAMI SHORES VILLAGE
FLORIDA; TO ESTABLISH AND ENFORCE MINIMUM
HOUSING STANDARDS FOR THE DETERMINATION OF
STRUCTURES UNFIT FOR HUMAN HABITATION; TO
PROVIDE FOR THE SERVICE AND POSTING OF
COMPLAINTS AND ORDERS; TO CREATE AN APPEAL
BOARD; TO AUTHORIZE THE BUILDING AND ZONING
DIRECTOR TO CARRY OUT AND EFFECTUATE THE
PURPOSES AND PROVISIONS OF THIS ORDINANCE;
TO PROVIDE WHEN THIS ORDINANCE SHALL TAKE
EFFECT; TO PROVIDE PENALTIES FOR VIOLATIONS
HEREOF; AND TO INCLUDE A SEVERABILITY CLAUSE.
TABLE OF CONTENTS
ARTICLE 1
'PAGE
SECTION 1 TITLE OF ORDINANCE
1.2 Legislative Findings of Fact 1
1.3 Purpose of Ordinance 1
1.4 Effective Date 1
1.5 Declaration of Enforcement Policy 1-2
1.6 Applicability to all Dwellings 2
1.7 Conflict with other Ordinances 2
1.8 Conflict of Permits and Licenses 2
1.9 Existing Remedies 2
1. 10 Saving Clause 2
1. 11 Definitions 3-5
ARTICLE II
SECTION 2 EXTERIOR PROPERTY AREAS
2. 1 Free from Hazards 5
2.2 Free from Rubbish and Garbage 5
2. 3 Discharge of Sewage 6
2.4 Storm Water Drainage 6
2.5 Noxious Weeds and Plants 6
2.6 Insect and Rodent Harborage 6
2.7 Domestic Animals and Pets 6
2.8 Accessory Structures 6
2.9 Depreciation of Surrounding Property 6
ARTICLE III
SECTION 3 STRUCTURE EXTERIOR
3. 1 Foundation Walls 6
3.2 Stairs, Porches and Railings 7
3.3 Weather and Watertight 7
3.4 Protective Coating for Wood Surfaces 7
3. 5 Overhanging Objects 7
3.6 Vermin and Rodent Free 7
3.7 Screening Required 7
3. 8 Depreciation of Surrounding Property 7
ARTICLE IV
SECTION 4 STRUCTURE INTERIOR
4.1 Free from Dampness 8
4.2 Structural Members 8
4. 3 Chimneys, Flues, and Vents 8
4.4 Stairs and Railings 8
4.5 Floors, Walls and Ceilings 8
4.6 Bathroom Floors 8
4. 7 Free from Rubbish and Garbage 8
4. 8 Jnsect and Rodent Harborage 8
ARTICLE V
SECTION 5 BASIC FACILITIES
5. 1 Reserved 9
5.2 Plumbing Fixtures Required 9
5. 3 Plumbing Fixtures Connected to 9
Sewer Lines
5.4 Electrical Service 9
5.5 Cooking Facilities 9
5.6 Refrigerated Space 9
ARTICLE VI
SECTION 6 INSTALLATION AND- MAINTENANCE.-OF- BASIC
'FACILITIES'
6. 1 Maintenance of Plumbing Fixtures 9
6.2 Maintenance of Plumbing Systems 10
6. 3 Installation of Heating Equipment 10
6.4 Maintenance and Operation of Heating 10
Equipment
6. 5 Storage Fuels 10
6.6 Maintenance of Electrical Wiring and 10-11
Devices
ARTICLE VII
SECTION 7 OCCUPANCY STANDARDS
7. 1 Statement of Purpose 11
7.2 Required Space in Dwelling Units 11
7. 3 Efficiency Apartments 11-12
7.4 Required Space in Sleeping Rooms 12
7.5 Required Space in Rooming Units & Motels 12
7.6 Habitable Rooms Only 12
7.7 Subdivision of Habitable Rooms 12
7.8 Notice of Maximum Occupancy 12
ARTICLE VIII
SECTION 8 LIGHT 'AND VENTILATION STANDARDS
8. 1 Natural Light in Habitable Rooms 13
8.2 Light in Non-Habitable Space 13
8. 3 Light in Public Halls and Stairways 13
8.4 Electric Outlets 13
8. 5 Electric Fixtures in Bathrooms 13
8.6 Ventilation in Habitable Rooms 13
8.7 Ventilation in Bathrooms 13
ARTICLE IX
SECTION 9 RESPONSIBILITIES AND OCCUPANTS
9. 1 Maintenance of Private Space 13
9.2 Maintenance of Nondwelling Structures
and Fences 14
9. 3 Maintenance of Plumbing Equipment 14
9.4 Waste Disposal 14
9.5 Extermination 14
9.6 Maintenance of Public Space 15
9.7 Supplied Facilities 15
9. 8 Discontinuance of Utilities 15
9.9 Occupancy of Vacant Units 15
ARTICLE X
SECTION 10 ENFORCEMENT
10. 1 Housing Surveys 15
10.2 Inspection of Dwellings 15-16
10. 3 Reserved 16
10.4 Identification of Inspectors 16
10.5 Notice of Violation 16
10.6 Power to Act in Emergencies 17
10.7 Agency to Abate Hazards in Emergencies 17
10.8 Demolition as Compliance 17
10. 9 Reinspection 17
10. 10 Extension of Compliance Time 17
10. 11 Recording of Notices 17
10. 12 Transfer of Ownership 18
10.13 Records and Searches 18
ARTICLE XI
PAGE
SECTION 11 APPEAL BOARD - PROCEDURES
11. 1 Appointment of Board 18
11 .2 Terms 18
11.3 Organization and Members 18
11.4 Meeting - Records 18
11.5 Request for Hearing 18-19
11.6 Hearing 19
11.7 Findings of Board 19
11.8 Appeal from Decision of Board 19
ARTICLE XII
SECTION 12 DE*SIGNATION OF UNFIT DWELLING UNITS
12.1 Unfit Dwelling Units 19-20
12.2 Placarding Building Unfit for Human
Habitation 20
12. 3 Vacation of Placard Order 20
12.4 Placards not to be Defaced 20
12.5 Vacant Dwellings Made Secure 20
12.6 Notice of Intent to Demolish 20
12. 7 Agency to Make Repairs or Demolish 21
12. 8 Recovery of Expenses 21
ARTICLE XIII
SECTION 13 RULE MAKING: ADMINISTRATION RELATIONSHIPS
13. 1 Rules and Regulations 21
13.2 Administrative Liability 21
13. 3 Duties of Village Attorney 22
ARTICLE XIV
SECTION 14 PENALTIES
14. 1 Definition and Penalty 22
14.2 Separate Offenses 22
Section 15 SEVERABILITY 22
BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE :
ARTICLE I
SECTION I TITLE OF ORDINANCE
This ordinance shall be known as the Minimum
Housing Standards Ordinance.
SECTION 1 . 2 LEGISLATIVE FINDINGS OF FACT
The Village Council of Miami Shores Village, Florida,
hereby do find and declare that there exist areas within
Miami Shores Village, which are or may become in the future,
substandard with respect to structure, equipment , or main-
tenance, and further that such conditions , together with
inadequate provision for light and air, insufficient
protection against fire hazards, lack of proper venti-
lation for heat & cooling, unsanitary conditions , and
over-crowding constitute a menace to the health, safety ,
morals, welfare and reasonable comfort of its citizens.
It is further found and declared that the existence of
such conditions, factors, or characteristics will , if
not remedied, create areas requiring clearance, and
further, that , in the absence of corrective measures ,
such areas will experience a deterioration of social
values, a curtailment of investment and tax revenue
and an impairment of economic values. It is further
found and declared that the establishment and main-
tenance of minimum housing standards are essentia'1 to
the prevention of blight and decay, and the safeguard-
ing of public health, � safety, morals, and welfare. It
is further found that minimum housing standards are
necessary to the education and participation of citizens
in programs designed to develop neighborhood pride and
civic responsibility.
SECTION 1 .3 PURPOSE OF ORDINANCE
The intent & purpose of this ordinance is to
protect the public health, safety, morals and welfare
of the peoples of Miami Shores Village, State of Florida,
by establishing minimum standards governing the condition,
occupancy, and maintenance of dwellings, dwelling units,
and premises; establishing minimum standards governing
utilities , facilities , and other physical components
and conditions essential to make dwellings , dwelling
units, and premises safe, sanitary and fit for human
habitation; fixing certain responsibilities and duties
of owners , operators , agents and occupants of dwellings,
and dwelling units, and the condemnation and vacating
of those dwellings, dwelling units , unfit for human
habitation, and fixing penalties for violation of any
of the provisions of this ordinance. This ordinance
is hereby declared to be remedial and essential to the
public interest .
SECTION 1.4 EFFECTIVE DATE
This ordinance shall become effective upon adoption.
SECTION 1. 5 DECLARATION OF ENFORCEMENT POLICY
In the effective use of this code and its application
to correct blighting influences existing in Miami Shores
Village, it is recognized by the Council that varying
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degreesof enforcement . will be necessary to secure the
maximum results intended to be achieved.
SECTION 1 .6 APPLICABILITY TO ALL DWELLINGS
The provisions of this ordinance shall be appli-
cable as a minimum standard in Miami Shores Village.
Every portion of a building or premises, used or
intended to be used for any dwelling purpose shall
comply with the provisions of this ordinance., irres-
pective of when such building shall have been constructed,
altered or repaired; and irrespective of any permits or
licenses which shall have been issued for the use or
occupancy of the building or premises, for the construct-
ion or repair of the building or for the installation or
repair of equipment or facilities prior to the effective
date of this ordinance. This ordinance establishes
minimum standards for the initial and continued occupancy
of all buildings and does not replace or modify standards
otherwise established for the construction, repair, altera-
tion, or use of building, equipment or facilities except
as provided in Section 1 . 7.
SECTION 1.7 CONFLICT WITH OTHER ORDINANCES
In any case where a provision of this ordinance
is found to be in conflict with a provision of any
zoning, building, electrical , plumbing, fire, safety,
or health ordinance, or any regulation adopted pursuant
thereto, or any otheT ordinance, code, or regulation of
Miami Shores Villagp, the provisions which establish their
highest standards shall prevail .
SECTION 1. 8 CONFLICT OF PERMITS AND LICENSES
All departments, officials , and employees of
Miami Shores Village, who have the duty of the authority
to issue permits or licenses in regard to the construct-
ion, installation, repair, use, or occupancy of dwellings,
equipment or facilities, shall conform to the provisions
of this ordinance, and no such permit or license shall
be issued, if such would be in conflict with this ordinance,
except as provided in Section 1 .7.
SECTION 1 . 9 EXISTING REMEDIES
Nothing in this ordinance shall be deemed to
abolish or impair existing remedies of Miami Shores
Village or its officers, or agencies , relating to the
removal or demolition of any buildings which are deemed
to be dangerous, unsafe, or unsanitary, but this ordin-
ance shall be deemed and treated as an addition thereto ,
and cumulative of the powers therein.
SECTION 1 . 10 SAVING CLAUSE
This ordinance shall not affect violations of any
other ordinance, code or regulation of Miami Shores Village
existing prior to the effective date of this ordinance,
and such violation shall be governed and shall continue
to be punishable to the full extent of the law under the
provisions of those ordinances , codes, or regulations in
effect at the time the violation was committed.
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SECTION 1.11 DEFINITIONS - (Apply to this ordinance
only)
A. Accessory use
A structure, the use of which is incidental to
that of the main building, and which is attached
thereto or located on the same premises.
B. Approved
Approved by the Head of the Code Enforcement
Agency.
C. Bathroom
A room containing one or more bathtubs , showers,
or both, a toilet and lavatory.
D. Building
A structure which encloses space; a structure
which gives protection or shelter for any
occupancy. The term "building" shall be
construed as if followed by the phrase "or
part thereof" .
E. Code Enforcement Agency
Department of Building and Zoning of Village
of Miami Shores, Florida.
F. Dormitory
Any room or group of rooms forming a single
habitable unit used or intended to be used
for living or sleeping, but not for cooking
or eating purposes.
G. Director
Director of Building and Zoning Department .
H. Dwelling
A building occupied for residential purposes
and consisting of not more than one house-
keeping unit used for cooking, living or
sleeping purposes. The word "dwelling"
shall be deemed to include dwellings,
dwelling units, and premises.
(1) Dwelling Multiple - a building arranged,
designed or used to house two or more
dwelling units.
(2) Dwelling unit - one or more rooms with
living, cooking, sanitary and sleeping
facilities therein, arranged for one
family.
I . Exterior Property Areas
Open space on the premises and vacant open
space on adjacent premises.
J. Extermination
The control and elimination of insects,
rodents, and vermin by eliminating their
harborage places; by removing, or making
inaccessible, materials that may serve
as their food, by poisoning, spraying,
fumigating, trapping; or by any other
approved means of pest elimination.
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K. Garbage
The animal , vegetable, and mineral waste
resulting from the handling, preparation,
cooking, and consumption of food.
L. Habitable Room
A room in a residential unit used for living,
sleeping, eating or cooking, but excluding
baths, toilets, storage spaces or corridors.
M. Head of Code Enforcement Agency
Director of Building and Zoning Department
Miami Shores Village, Florida.
N. Inf est*a�t*ion
The presence within or contiguous to a
dwelling of insects, rodents, vermin or other
pests.
0. Kitchen
Space, forty (40) square feet or more in
floor area, with a minimum width of five
(5) feet , used for cooking or preparation
of food.
P. Kitchenette
Space, less than forty (40) square feet in
floor area, used for cooking or preparation
of food.
Q. Multiple Family
As in a building, meaning more than two
families orhousehold living independently
of each other and doing cooking within their
living quarters; includes apartments.
R. Occupant
Any person living, sleeping, cooking or
eating in, or having actual possession of,
a dwelling unit .
S. Operator
Any person, who has charge, care, or control
of a multiple residence, in which dwelling
units or dormitories are let or offered for
occupancy.
T. Any person, firm, corporation or legal entity
who alone or jointly or severally with others,
(a) Shall have legal or beneficial title
to any building arranged, designed or
used, in whole or in part, to house one
or more dwelling units: or
(b) Shall have charge, care or control of
any building arranged, designed or used,
in whole or in part , to house one or more
dwelling units, as owner or agent of the
owner, or as a fiduciary of the estate
of the owner or any officer appointed by
the court. Any such person thus repre-
senting the actual owner shall be bound
to comply with the terms of this Code
and any notice or rules and regulations
issued pursuant therto, to the same
extent as if he were the owner.
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U. Premises
A lot , plot , or parcel of land including the
buildings or structures thereon.
V. Rubbish
All combustible and non-combustible waste,
except garbage.
W. Structure
Combination of any materials, whether fixed
or portable, forming a construction, including
buildings. The word structure shall be con-
strued as though followed by the words "or
part or parts thereof" .
X. Supplied Facilities
Facilities paid for, furnished, or provided
by, or under the control of the owner or
operator.
Y. Toilet Room or Compartment
Enclosed space containing one (1) or more
toilets, which may also contain one (1) or
more lavatories, urinals , and other plumbing
fixtures.
ARTICLE II
SECTION 2 EXTERIOR PROPERTY AREAS
While Chapter 10 of the Code of Miami Shores Village
makes provisions for disposal of garbage, trash, weeds,
refuse and the like, it is felt that this ordinance should
provide additional and separate provisions for the treat-
ment of these problems and nothing in this ordinance shall
be deemed to abolish or impair the provisions of said
Chapter 10 of the Code of Miami Shores Village, but on
the contrary shall be deemed to provide additional or
alternate remedies.
SECTION 2. 1 FREE FROM HAZARDS
Exterior property areas shall be free from conditions
which might create a health, accident , or fire hazard, such
as holes and excavations, sharp protrusions and other objects
or conditions which might be a potential cause of personal
injury. Undergrowth shall not exceed a height of eight
inches.
SECTION 2.2 FREE FROM RUBBISH AND GARBAGE
Exterior property areas shall be kept free from
organic and inorganic material that might become a health,
accident , or fire hazard, whether or not said areas are
used for human habitation. Containers with covers shall
be provided for the temporary storage of garbage and
rubbish. Materials of an inflammable nature shall be
safely stored or removed from the premises. Rubbish,
trash, debris, dead trees or other unsligthly or unsani-
tary matter on the premises shall be removed by owner
or occupant or both.
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SECTION 2. 3 DISCHARGE OR SEWAGE
Sewage must be discharged into septic tanks, sewer
system or into other means of disposal approved by the
Village of Miami Shores.
SECTION 2.4 STORM WATER DRAINAGE
Storm water causing recurrent or excessive ponding
shall be eliminated through proper filling or grading of
ground or approved drainage structure. The ground should
be graded away from the building and foundation, but not
so as to cause the water to drain into adjoining property
of streets.
SECTION 2.5 NOXIOUS WEEDS AND PLANTS
Exterior property areas shall be free from species
of weeds or plant growth which are noxious or detrimental
to the public health.
SECTION 2.6 INSECT AND RODENT HARBORAGE
Exterior property areas shall be kept free from
sources of insect, vermin, and rodent breeding, har-
borage, and infestation. Where insect, rodent , or
vermin breeding areas, harborage or infestation exist,
such areas, harborage, or infestation shall be eliminated.
SECTION 2.7 DOMESTIC ANIMALS AND PETS
Domestic animals and pets shall not be kept on
any premises in such a manner as to create unsanitary
conditions or constitute a nuisance. They may be main-
tained only in accordance with applicable regulation
of the Village of Miami Shores.
SECTION 2. 8 ACCESSORY STRUCTURES
Accessory structures, located -on exterior property
areas, shall be kept in good repair, free from health,
fire, and accident hazards, and vermin.
SECTION 2. 9 DEPRECIATION OF SURROUNDING PROPERTY
Exterior property areas shall be kept free from
health, fire and accident hazards so as not to depreciate
surrounding property.
ARTICLE III
SECTION 3 'STRUCTURE' EXTERIOR
SECTION 3. 1 FOUNDATION WALLS
The foundation walls of every structure used for
human habitation shall be maintained in good repair and
be structurally sound. Foundation walls shall be consi-
dered to be in good repair and structurally sound if
found free from damage or defects and capable of bearing
imposed loads.
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SECTION 3.2 STAIRS, PORCHES AND RAILINGS
The stairs, porches and railings affixed to the
exterior of every structure used for human habitation
shall be kept in good repair and structurally sound.
They shall be free from holes and serious cracks, and
shall be capable of supporting imposed loads .
SECTION 3 .3 WEATHER AND WATERTIGHT
Every structure, used for human habitation shall
be so maintained that it will be weather and watertight.
Exterior walls, roofs and all openings around doors,
windows, chimneys and all other parts of the structure
shall be so maintained as to keep water from entering
the structure and to prevent undue heat loss. Damaged
materials must be repaired or replaced. All parts of
the structure that show evidence of dry rot or other
deterioration shall be repaired, replaced and refinished
to be in conformity with the rest of the structure.
Window panes permitting entrance of water shall be
replaced.
SECTION 3.4 PROTECTIVE COATING FOR WOOD SURFACES
All exterior wood surfaces of a structure used
for human habitation, that are not of a species inhe-
rently resistant to decay shall be treated with a
protective coating or other preservative as often
as extensive and serious evidence of deterioration
shall appear.
SECTION 3. 5 OVERHANGING OBJECTS
Every structure used for human habitation shall
be free of loose overhanging objects. Exterior walls,
roofs, and all other parts of the structure shall be
free from loose and unsecured objects and materials.
SECTION 3.6 VERMIN AND RODENT FREE
The exterior of every structure used for human
habitation shall be so maintained as to discourage the passage
of flies, mosquitos, ants , rats and other vermin.
SECTION 3.7 SCREENING REQUIRED
All exterior windows that are not fixed, doors,
and other openings, shall be screened or protected with
acceptable wire mesh or other approved materials to bar
the passage of insects such as flies, mosquitos . A
residential entrance with ornamental solid door shall
not be required to be screened.
SECTION 3.8 DEPRECIATION OF SURROUNDING PROPERTY
The exterior of every structure shall be so main-
tained with reasonable attractiveness so as not , in the
case of excessive scaling of paint or excessive mildew,
to cause a substantial depreciation in property values
in the immediate neighborhood. The exterior surfaces
shall be kept free from materials, objects , and conditions
which will have an adverse effect on adjacent premises.
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ARTICLE IV
SECTION 4 STRUCTURE INTERIOR
SECTION 4.1 FREE FROM DAMPNESS
To the end that crawl spaces in every structure
may be reasonably free from dampness to prevent condi-
tions conducive to decay or deterioration of the struc-
ture, cross ventilation shall be provided, consisting
of at least one (1) opening located near each corner
of the structure, except in case of poured slab.
SECTION 4 .2 STRUCTURAL MEMBERS
Supporting structural members of every structure
shall be structurally sound, and free of any evidence
of deterioration.
SECTION 4 . 3 CHIMNEYS, FLUES, AND VENTS
Chimneys and all flue and vent attachments thereto
of every structure, and all other flues and vents, shall
be structurally sound, free from defects , performing the
function for which they were designed and are used.
Chimneys, flues, gas vents , or other draft producing
equipment shall provide sufficient draft to develop
the rated output of the connected equipment . Chimneys,
flue linings, where required, flues , gas vents , and
their supports shall be structurally safe, durable,
smoketight , and capable of withstanding the action
of flue gases.
SECTION 4.4 STAIRS AND RAILINGS
Interior stairs of every structure shall be
structurallysound and free from defects dangerous to
life and limb. Railings shall be provided for stairs,
balconies, and stairwells. Treads and risers that are
broken, warped or loosened shall be repaired or replaced.
SECTION 4. 5 FLOORS, WALLS AND CEILINGS
Floors, walls and ceilings of every structure shall
be structurally sound, and maintained in a clean and
sanitary condition. They shall be free from cracks ,
breaks, loose plaster and similar conditions so serious
as to endanger the safety of occupants or to seriously
mar the attractiveness of the premises.
SECTION 4.6 BATHROOM FLOORS
Bathroom, shower room, and toilet room or compart-
ment floors, of every structure shall be kept in a
sanitary condition.
SECTION 4.7 FREE FROM RUBBISH AND GARBAGE
The interior of every structure shall be main-
tained free from rubbish and garbage that might become
a health, accident , or fire hazard. Contain' ers- with
covers shall be provided for the temporary storage of
garbage and other putrescible matter. Materials of an
inflammable nature shall be stored safely or removed
from the premises.
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SECTION 4. 8 INSECT AND RODENT HARBORAGE
The interior of every structure shall be kept free
from insect , rodent , and vermin infestation. Where insect,
rodent , or vermin infestation, harborage, or breeding areas
exist , such areas, harborage, or infestation shall be
eliminated.
ARTICLE V
SECTION 5 BASIC FACILITIES
SECTION 5. 1 RESERVED
SECTION 5.2 PLUMBING FIXTURES REQUIRED
Every dwelling and dwelling unit shall have the
following plumbing fixtures; kitchen sink, toilet,
bathtub or shower, and lavatory in good working order.
Kitchen sinks, bathtubs , showers, and lavatories shall
be properly connected to both hot and cold water lines.
Required plumbing fixtures shall be installed in accor-
dance with the South Florida Building Code.
SECTION 5.3 PLUMBING FIXTURES CONNECTED TO SEWER LINES
All plumbing fixtures installed within a structure
shall be connected to sewer lines that discharge into a
septic tank, sewerage system or other approved means of
disposal. Private sewerage systems shall be connected
and repairs or additions made in accordance with the
applicable regulations of South Florida Building Code.
SECTION 5.4 ELECTRICAL SERVICE
Every dwelling unit shall be provided with electric
service, properly connected.
SECTION 5. 5 COOKING FACILITIES
Every dwelling unit shall be provided withinstalled
cooking facilities or utility connections for such facili-
ties. Where cooking facilities are not supplied, adequate
space and utility connections shall be provided where such
connections are necessary.
SECTION 5.6 REFRIGERATED SPACE
In every unit where perishable foods are kept ,
refrigerated space for their storage or appropriate
utility connections shall be provided. Where refri-
geration equipment is not provided, adequate space and
utility connections shall be provided,
ARTICLE VI
SECTION 6 INSTALLATION AND MAINTENANCE OF
BASIC FACILITIES
SECTION 6. 1 MAINTENANCE OF PLUMBING FIXTURES
Every water line, plumbing fixture , and drain located
in a structure shall be properly installed, connected,
and maintained, and capable of performing the function
for which it was designed. All repairs to installations
must be made in accordance with South Florida Building Code.
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SECTION 6.2 MAINTENANCE OF PLUMBING SYSTEMS
Every stack, waste, and sewer line located in a
structure and every connecting sewer line shall be so
installed and maintained as to function properly and
not be a source of structural deterioration or a health
hazard. All lines shall be kept free from obstructions ,
leaks, and defects . All necessary repairs and installa-
tions shall be made in accordance with the plumbing code
and other applicable regulations of the South Florida
Building Code.
SECTION 6. 3 INSTALLATION OF HEATING EQUIPMENT
Every heating, cooking, aid water heating device
located in a structurelshall be properly installed,
connected and capable for performing the function for
which it was designed. All such equpment burning solid
fuels should be rigidly connected to a chimney, or flue,
and such heating equipment burning liquid or gaseous
fuels, shall be rigidly connected to a supply line and,
where required, to a chimney, flue or vent . Such instal-
lations shall be made in a manner to avoid dangerous
concentration of fumes and gases . All installations
or repairs shall be made in accordance with the appli-
cable order of Miami Shores Village , Florida and the
South Florida Building Code.
SECTION 6.4 MAINTENANCE AND OPERATION OF HEATING
EQUIPMENT
Every heating, cooking, and water heating device
located in a structure shall be so maintained and operated
as to be free from fire, health, and accident hazards .
All such equipment shall be free from leaks and obstruc-
tions. Repairs shall be made in accordance with the
applicable regulations of the South Florida Building
Code.
SECTION 6. 5 STORAGE FUELS
All fuels stored on the premises shall be stored
in a safe manner. Fuels shall be stored in accordance
with generally accepted practice and in a manner which
will minimize the danger of fire. No fuel oil, gaso-
line, or highly inflammable fuel shall be stored on
the Premises , except in a manner approved by Metro Dade
Fire Department .
SECTION 6.6 MAINTENANCE OF ELECTRICAL WIRING AND
DEVICES
Electrical wiring and devices located in a
structure used shall be so designed, installed, and
maintained as not to be a potential source of ignition
of combustible material or an electrical hazard. The
rating or setting of overcurrent devices shall not be
in excess of the carrying capacity of the circuit
conductor. Defective wiring and equipment shall be
repaired or replaced. No temporary wiring shall be
installed as a permanent method of wiring. Extension
cords shall be run directly from portable electrical
fixtures or appliances to outlets and shall not lie
under floor covering or extend through doorways ,
transoms, or other openings through structural elements .
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When the capacity of circuits within a building is in-
sufficient to carry the load imposed by normal use of
the appliances and fixtures, and indicated by the name
plate rating of such appliances, additional circuits
shall be provided or the use of excessive appliances
discontinued. Necessary repairs, alterations, and
installations shall be made in accordance with the
electrical Code of South Florida Building Code.
ARTICLE VII
SECTION 7 OCCUPANCYBTANDARDS
SECTION 7. 1 STATEMENT OF PURPOSE
Overcrowding is declared to be one of the basic
causes of blight and property deterioration. Structures
which were originally designed for single-family occupancy
shall be restricted to single family occupancy. The
result of strain upon municipal services frequently
causes a reduction of such services in proportion to
those being served and thus adversely affects their
application to the neighborhood. Planning for the
needs of a neighborhood normally housing families in
keeping with the original design and purpose of its
structure is not too difficult . However, where struc-
tures designed for one family are used to house addi-
tional families, adequate accommodation of their needs
becomes difficult or impossible, and the resulting
undesirable features cause the neighborhood as a
whole to suffer.
Dangers from fire increase, traffic problems
become more complex, garbage collection and other
municipal services are taxed beyond their ability,
juvenile delinquency increases, health conditions are
lowered, disease rates rise, moral standards are lowered,
all of which lead to the characterization of the building
of the neighborhood as undesirable. After this state
of affairs is developed, only those seeking shelter,
and not homes, find their way into the habitation of
such properties. The purpose of this Article is to
provide accepted occupancy and related standards for
the purpose of preventing-a decline of neighborhoods,
and to promote the safety, health, morals and general
welfare of the public.
SECTION 7.2 REQUIRED SPACE IN DWELLING UNITS
Every dwelling unit shall contain a minimum gross
floor area of at least one hundred fifty (150) square
feet for the first occupant , at least one hundred (100)
square feet for each of the next two occupants, and at
least seventy-five (75) square feet of gross floor area
for each occupant thereafter. Every habitable room shall
have a minimum ceiling height of seven (7) feet over fifty
(50) per cent of the floor area. Any portion of a room
having a ceiling height of less than five (5) feet shall
not be considered in computing the total floor area of
such room.
SECTION 7. 3 EFFICIENCY APARTMENTS
Every dwelling unit which is occupied by two (2)
or more occupants, and which contains a room not intended
primarily for cooking or sleeping but which is properly
designed and equipped or especially furnished with a
kitchenette and bed furniture properly designed for
daytime uses to be maintained as a combination of
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regular living and efficiency sleeping, may contain one
hundred (100) square feet less gross floor area than
required in Section 7.2 of this ordinance. Every habi-
table room shall have a minimum ceiling height of seven
(7) feet over fifty (50) per cent of the floor area.
Any portion of a room having a ceiling height of less
than five (5) feet shall not be considered in computing
the total floor area of such room.
SECTION 7.4 REQUIRED SPACE IN SLEEPING ROOMS
In every dwelling unit of two (2) or more habitable
rooms, every room occupied for sleeping purposes by one
(1) occupant shall have a minimum gross floor area of
at least eighty (80) square feet . Every room occupied
for sleeping purposes by more than one (1) occupant shall
have a minimum gross floor area of fifty (50) square feet
per occupant thereof. In the case of children under six
(6) years of age, the requirement shall be thirty-five
(35) square feet per child for two (2) or more children.
Every room used for sleeping purposes, shall have a
minimum width of eight (8) feet . Kitchens shall not be
used for sleeping purposes and porches shall not be used
as permanent sleeping quarters. Every habitable room
shall have a minimum ceiling height of seven (71 feet
over fifty (50) per cent of the floor area, Any portion
of a room having a ceiling height of less than five (51
feet shall not be considered in computing the total
floor area of such room. Any existing use not conforming
with this Section shall be made to conform within five
years from effective date hereof.
SECTION 7. 5 REQUIRED SPACE IN ROOMING UNITS & MOTELS
Rooms let to one (1) or more persons shall contain
a minimum gross floor area for sleeping purposes of ninety
(90) square feet for a single occupant , and every such
room occupied by more than one (1) occupant shall contain
a minimum gross floor area of sixty (60) square feet per
occupant thereof. Every habitable room shall have a
minimum ceiling height of seven (.7) feet over fifty (50.1
per cent of the floor area, Any portion of a room having
a ceiling height of less than five (-5) feet shall not be
considered in computing the total floor area of such room.
SECTION 7.6 HABITABLE ROOMS ONLY
No room other than a habitable room, as defined in
the ordinance shall be used for living, sleeping, or the
preparation or eating of meals.
SECTION 7.7 SUBDIVISION OF HABITABLE ROOMS
No habitable room shall be divided in any manner
into space intended for living, sleeping, eating or
cooking purposes by an installed partition or divider
of any type above four feet (4) in height unless each
such subdivided part complies with- th.e requirementa
for a habitable room.
SECTION 7. 8 NOTICE OF MAXIMUM OCCUPANCY
Every owner or operator shall advise the occupant
in writing or by insertion in the lease between the
parties of the maximum number of occupants permitted
in the occupied promises under this ordinance. A copy
of said notice or lease shall be available to the Director,
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ARTICLE VIII
SECTION 8 LIGHT AND VENTILATION STANDARDS
SECTION 8.1 (RESERVED)
SECTION 8.2 LIGHT IN NON-HABITABLE SPACE
Every stair and hallway located in a structure
shall have either adequate natural or artifical light
available at all times with not less than three (3)
foot candles of light measured at any point .
SECTION 8.3 LIGHT IN PUBLIC HALLS AND STAIRWAYS
Every public hall and common stairway located in
a structure and which is used primarily for ingress and
egress in connection with two (2) or more dwelling units
or rooming units shall be supplies with a proper amount
of natural light or lighting facilities controllable by
the occupants of the structure and be available at all
times. Such light shall not be less than five (5)
foot candles measured in the darkest portions of
normally travelled stairs and passageways during the
darkest hours of the day.
SECTION 8.4 ELECTRIC OUTLETS
Every habitable room shall have electric outlets
and/or electric fixtures properly connected to a source
of power. There shall be a minimum of one (1) outlet
and one (1) fixtures or two (2) outlets.
SECTION 8.5 ELECTRIC FIXTURES IN BATHROOMS
Every bathroom, shower room, toilet room or com-
partment , located in a structure, shall have permanently
installed artifical lighting fixtures. The switches
shall be so located as to avoid danger of electrical
hazards.
SECTION 8.6 VENTILATION IN HABITABLE ROOMS
Every habitable room shall be ventilated by
either openable areas equal to fifty (50) per cent of
the required window area or by equivalent mechanical
ventilation.
SECTION 8.7 VENTILATION IN BATHROOMS
Every bathroom, shower room, toilet room or
compartment located in a structure shall be ventilated
as prescribed in the South Florida Building Code.
ARTICLE IX
SECTION 9 RESPONSIBILITIES OF0WNERS* AND 'OCCUPANTS
SECTION 9. 1 MAINTENANCE OF PRIVATE SPACE
Every occupant of a dwelling or dwelling unit
shall keep in clean and sanitary condition that part
of the dwelling, or premises thereof, which he occupies
or controls.
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SECTION 9.2 MAINTENANCE OF NONDWELLING STRUCTURES
AND FENCES
Every accessory structure used for nondwelling
purposes such as a garage, car port , cabana, storage
building, etc. and every fence shall comply with the
following requirements:
(1) Every foundation, exterior and interior wall,
roof , floor, ceiling, window and exterior
door shall be structurally sound and main-
tained in good repair.
(2) Every accessory structure shall be kept in
a reasonably clean and sanitary condition
free from rodents , insects , and vermin.
(3) The roof of every accessory structure shall
be adequately- drained of rain ,water.
(4) All the exterior surfaces subject to deteriora�
tion shall be properly maintained and protected
from the elements by paint or otbor approved
protective coating, applied in a workmanlike
fashion.
(5) Every plumbing fixture, water pipe, waste
pipe and drain shall be maintained in, good
sanitary working condition, free from defects,
leaks and obstructions.
(6) All accessory structures shall be kept in
good paint condition.
SECTION 9.3 MAINTENANCE OF PLUMBING EQUIPMENT
Every occupant of a dwelling or dwelling unit shall
be responsible for the exercise of proper care and clean-
liness in the use and operation of all plumbing fixtures,,
sanitary facilities, appliances, and equipment therO:#,
SECTION 9.4 WASTE DISPOSAL
Every occupant of a dwelling or dwelling unit shall
dispose of rubbish, garbage, and othbr matter as provided
in Section 4.7 In a dwelling containing three or more
dwelling units, adequate rubbish and garbage containers
and necessary replacements shall be supplied by the owner
as required by the ordinances of Miami Shores Village.,
SECTION 9. 5 EXTERMINATION
Every occupant of a single dwelling unit sh.all he
responsible for the extermination of any rodents, vermin
or other pests therein or on the premises. Every occupant
of a dwelling unit in a building containing more than one
dwelling unit shall be responsible for su-chextermination
whenever his dwelling unit is the only one infested, except
that whenever such infestation is caused by the failure
of the owner to carry out the provisions of this ordinance,
extermination shall be the responsibility of the owner.
When three or more dwelling units within a building are
so infested, it shall be the responsibility of the owner
to carry out the provisions of this ordinance within such
building, as cited above with respect to extermination.
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SECTION 9.6 MAINTENANCE OF PUBLIC SPACE
Every owner of a building containing three or more
dwelling units shall be responsible for maintaining in
a clean and sanitary condition the shared or public areas
of the dwelling and premises thereof .
SECTION 9.7 SUPPLIED FACILITIES
Every owner of a dwelling shall be responsible for
keeping supplied facilities in proper operating condition.
SECTION 9. 8 DISCONTINUANCE OF UTILITIES
No owner, operator, or occupant shall cause any
service, facility, equipment , or utility which is
required to be supplied by the provisions of this code
to be removed from, or shut off from, or discontinued
for any occupied dwelling unit , except for necessary
repairs, alterations, or emergencies .
SECTION 9.9 OCCUPANCY OF VACANT UNITS
No person shall occupy as owner-occupant or permit
to be occupied by another any vacant dwelling or dwelling
unit , unless or until it is in good repair, clean, sanitary,
in habitable condition, and in full compliance with all
the provisions of this code.
ARTICLE X
SECTION 10 ENFORCEMENT
Standards adopted in codes are not self-enforcing
and can have no effect upon blight unless accompanied
by a strong program of administration and enforcement .
There must be clear-cut authority and responsibility in
the administration and enforcement of codes, and a series
of plainly identified procedures in the code enforcement
program.
SECTION 10. 1 HOUSING SURVEYS
The code enforcement agency shall be authorized to
make surveys in any area of the city designated by the
Village Council to determine the general condition of
structures used for human habitation, lack of facilities ,
unsafe and unsanitary conditions, extent of overcrowding
and other relevant factors.
SECTION 10.2 INSPECTION OF DWELLINGS
The Director shall be authorized to make inspections
to determine the condition of dwellings, dwelling units ,
rooming houses, rooming units, hotels , hotel units, and
premises in order to safeguard the health, safety, morals
and welfare of the public. The Director shall be authorized
to enter any dwelling, dwelling unit , rooming house, rooming
unit , hotel , hotel unit , or premises at any reasonable time,
or at such other time as may be necessary in an emergency,
for the purpose of performing the duties of such office
under this ordinance, in accordance with the procedures
herein prescribed. Except in emergencies endangering
the public health, safety and welfare, the Director
shall enter a dwelling, dwelling unit , rooming house,
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rooming unit, hotel, hotel unit, or premises only upon
the prior consent of the person lawfully in occupancy
thereof or the person having legal right of possession
thereof, or in accordance with the provisions of this
section. When the Director has reason to believe that
any dwelling, dwelling unit , rooming house, rooming
unit, hotel, hotel unit, or premises is in violation
of the provisions of this chapter, or when he deems
it necessary to make an inspection to determine whether
a facility is in violation of the minimum housing stan-
dards established by this chapter, the Director shall
request permission to make an inspection from the person
lawfully in occupancy thereof or from the person having
the legal right of possession thereof. In the event
that such person refuses to consent to the inspection,
the Director may apply to the county court or circuit
court for the issuance of a search warrant to be served
by an officer duly authorized by law to serve search
warrants and make arrests for violations of this arti-
cle. The search warrant shall issue in accordance with
the requirements of the United States Supreme Court case
of Camara v. Municipal Court of the City and County of
San Francisco, 18L. Ed. 2d 930.* 87 S. Ct . 1727 (1967)
and shall authorize entry into and inspection of the
premises described therein. Refusal to permit an
inspection pursuant to a search warrant authorized by
this section shall constitute a violation of this arti-
cle and shall subject the violator to the penalties
prescribed herein.
SECTION 10.3 RESERVED
SECTION 10.4 IDENTIFICATION OF INSPECTORS
Inspectors and authorized personnel of the code
enforcement agency shall be supplied with official
identification and shall exhibit such identification
when entering any dwelling. The Director shall issue
"Special Identification" for those engaged in the
enforcement of the provisions of this code only.
SECTION 10. 5
Whenever the Director determines that there is a
violation of any provision of this code, or of any rule
or regulation adopted pursuant thereto, he shall give
notice of such violation to the person or persons
responsible theref.or*. Such notice shall :
A. Be in writing.
B. State the nature of the violation and the
sections or sections applicable thereto.
C. Provide a reasonable time for compliance.
D. Be served upon the owner, agent , operator or
occupant as the case may require. Such notice
shall be deemed properly.se.rved if a copy is
served upon him personally; or if a copy is
mailed by registered mail addressed to the
owner or owners of the property as their names
and addresses are shown upon the- records of
the Tax Appraiser of Dade County, and shall
be deemed complete and sufficient when so
addressed and deposited in the United States
mail with proper postage prepaid, or other-
wise in accordance with the statutes of the
State of Florida.
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SECTION 10. 6 POWER TO ACT IN EMERGENCIES
Whenever the Director, at any stage of the pro-
ceedings instituted under the provisions of this ordinance ,
finds that a violation of this ordinance exists which, in
his opinion, requires immediate action to abate a direct
hazard or immediate danger to the health, safety , morals,
or welfare of the occupants of a building or of the public,
he may, with approval of the Code Enforcement Board of
Miami Shores Village, without prior notice or hearing,
issue an order citing the violation and directing that
such action be taken as is necessary to remove or abate
the hazard or danger. Such order may include an order
to vacate. Notwithstanding any other provision of this
ordinance , such an order shall be effective immediately
upon service and shall be complied with immediately or
as otherwise provided.
SECTION 10. 7 AGENCY TO ABATE HAZARDS IN EMERGENCIES
Whenever any violation of this ordinance which,
in the opinion of the Director, causes a direct hazard
or immediate dnager to the health' safety, morals or
welfare of the occupants of a building or the public
has not been corrected in the time specified by the
order issued in Section 10.6 of this ordinance , the
Director may take such direct action as is necessary
to abate the hazard or danger. Expenses incurred
in the execution of such orders shall be recovered
as provided in Section 12 . 8 of this ordinance. The
Director shall give notice of his intention to take
such direct action at a specified time.
SECTION 10. 8 DEMOLITION AS COMPLIANCE
Any owner of a building, receiving a notice of
violation statltg: that such building does not comply
with the provisions of this ordinance, may demolish
such buliding, and such action shall be deemed compliance.
SECTION 10. 9 REINSPECTION
At the end of the period specified in the notice
of violation , or any extension thereof, it shall be
the duty of the Director to- cause to be made a rein-
spection of the dwelling and if compliance has not been
established appropriate legal action shall be instituted
as specified in Section 13. 3 of this ordinance , provided
that additional notices of violation are not required.
SECTION 10. 10 EXTENSION OF COMPLIANCE TIME
Director may extend compliance time specified in
any notice or order where there is evidence of intent
to timely comply and such timely compliance was pre-
vented for good and sufficient reason.
SECTION 10. 11 RECORDING OF NOTICES
The Director shall maintain a file in his office
of a copy of any notice or order issued under this
ordinance. Such recording shall constitute appropriate
notice to any subs-equent purchaser, transferee, mortgagee
or lessee of the affected property.
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SECTION 10. 12 TRANSFER OF OWNERSHIP
No owner of any dwelling upon whom any notice or
order pursuant to this ordinance has been served shall
sell , transfer, mortgage, lease or otherwise dispose of
such property until compliance of the provisions of such
notice or order has been secured, 'ot until such owner
shall furnish to the purchaser, ti�ansferee, mortgagee,
or lessee, prior to such sale, transfer, grant , mortgage
or lease, a true copy of such notice and/or order and at
the same time give adequate notice of such proposed
transaction to the Director. The subsequent party in
interest shall be bound by the existing notice of order.
SECTION 10. 13 RECORDS AND SEARCHES
All records of the--code enforcement agency shall
be public. Upon request, the agency *shall be required
to make a search and issue a certificate of any of its
records, including violations, and shall have the power
to charge and collect reasonable fees for such searches
or certificates.
ARTICLE XI
SECTION 11 APPEAL BOARD - PROCEDURES
SECTION 11. 1 APPOINTMENT OF BOARD
An Appeal Board is hereby established which shall
consist of the Code Enforcement Board of Miami Shores
Village.
SECTION 11.2 TERMS
The members of the Appeal Board shall serve as
long as they are members of the Code Enforcement Board.
SECTION 11. 3 ORGANIZATION AND MEMBERS
The Chairman of the Code Enforcement Board shall
be the Chairman of the Appeal Board.
SECTION 11.4 MEETING - RECORDS
The Board shall meet on call of the Director. The
Village Clerk shall keep a summary of testimony and a
copy of every relevant proceeding and determination.
Such records shall be maintained as a public record.
SECTION 11.5 REQUEST FOR HEARING
Any person affected by any notice of violation
issued in connection with the enforcement of any Pro-
vision of this ordinance, or of any rule or regulation
adopted pursuant thereto, may request and shall be
granted a hearing before the Appeal Board, provided
that such person shall file, in the office of the
Village Clerk, a written request for such hearing,
setting forth a brief statement of the grounds therefor,
designating the person and his address upon whom orders
may be served and setting forth the reasons why such
notice of violation should be modified or withdrawn.
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If this request is filed within ten (10) days after the
service of notice of violations, compliance with such
notice shall not be required while the hearing is pending.
SECTION 11.6 HEARING
Upon receipt of a request for a hearing as provided
in Section 11. 1 the Board shall set a time and a place for
such hearing, and the Clerk shall give the applicant at
least ten (10) days written notice therof. Such hearing
shall commence not later than fifteen (15) days after
the date on which the request was filed; however, hearings,
may be postponed beyond such fifteen (15) day period for
good and sufficient reason. At such hearing, the applicant ,
or his representative, shall be given an opportunity to
show cause why such notice of violation should be modified
or withdrawn.
SECTION 11.7 FINDINGS OF BOARD
After a hearing held, the Board shall sustain,
modify or withdraw the notice given by the Director. If
the violation is sustained or modified such decision shall
be served as provided in Section 10.5 of this ordinance.
If the appellant is found to be in violation, the Board
is hereby empowered to employ the coercive powers of
which it is possessed to compel compliance with the
Zoning Ordinance of Miami Shores Village.
SECTION 11. 8 APPEAL FROM DECISION OF BOARD
An appeal from any decision of the Board may be
taken to the circuit court within 30 days.
ARTICLE XII
SECTION 12 DESIGNATION OF UNFIT DWELLING UNITS
The Village Council is aware ofthe fact that certain
buildings or structures will be in such bad condition that
it will not be practical or economically feasible to bring
them up to the required minimum standards. Additional
specific remedies are hereby provided relative to same.
SECTION 12. 1 UNFIT DWELLING UNITS
Any dwelling which is found to have any of the
following defects shall be declared by the Director to
be unfit for human habitation.
A. In so damaged, decayed, dilapidated, unsanitary,
unsafe or vermin infested' that it creates a
serious hazard to the health or safety of the
occupants or of the public.
B. Lacks illumination, ventilation or sanitation
facilities adequate to protect the health or
safety of the occupants or of the public.
C. Because of its location, general condition,
state of the premises or number of occupants,
is so unsanitary, unsafe, overcrowded or other-
wise detrimental to health and safety that it
creates a serious hazard to the occupants 'or
the public.
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D. Because of the failure of the owner or occupant
to comply with such notices or orders issued
pursuant to this ordinance, is unfit for -human
habitation.
SECTION 12.2 PLACARDING BUILDING UNFIT FOR HUMAN
HABITATION
Any dwelling which is declared unfit for human
habitation as provided in Section 12. 1 shall be so
designated and placarded by the Director and shall be
vacated within such time as may have been ordered by
the Director, except in the cases by Subdivisions B
and C of Section 12.1 that the dwelling shall not be
placarded unless ten (10) days prior notice shall
have -been served upon the premises.
SECTION 12. 3 VACATION OF PLACARD ORDER
No dwelling which has been placarded as unfit for
human habitation shall again be used for human habitation
until written approval is secured from and such placard
is* removed by the Director, who shall do so whenever the
defect or defects upon which the placarding action was
based have been eliminated.
SECTION 12..4 PLACARDS NOT TO BE DEFACED
No person shall deface or remove the placard from
a dwelling which has been declared unfit for human habi-
tation by the Director except as provided herein.
SECTION 12. 5 VACANT DWELLINGS MADE SECURE
The owner, agent , or operator of any dwelling which
has been designated as unfit for human habitation and
vacated, shall make such dwelling safe and secure in
whatever manner the Director shall deem necessary pro-
vided same is required by this ordinance. Any vacant
building, open at the doors and windows, if unguarded,
shall be deemed dangerous to human life and a nuisance
within the meaning of this provision.
SECTION 12.6 NOTICE OF INTENT TO DEMOLISH
Whenever the Director designates a building unfit
for human habitation, as provided in this ordinance, and
determines that the cost necessary to correct the violation
is not reasonable in relation to the value of the building,
he shall include within the notice of violation provided
for in Section 10.5 of this ordinance a statement of his
intent to order the demolition of the structure. Service
of this notice shall be effected as provided in Section
10. 5 of this ordinance. The owner may demolish such
structure as provided in Section 10.6 or correct the
violation regardless of cost but in compliance with the
building and zoning code then in effect in Miami Shores
Village.
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SECTION 12. 7 AGENCY TO MAKE REPAIRS OR DEMOLISH
Whenever a notice or order to remove a violation
or to secure, vacate or demolish a building has not been
complied with and when such failure to comply is deemed by
the Director to constitute a nuisance, he may proceed to
cause the structure to be demolished, repaired, altered,
secured, or vacated, or to take such other action as is
necessary to abate the nuisance. Whenever the Director
determines that such nuisance exists, he shall record
sufficient proof to support such determination, and the
owner, occupant , lessee, or mortgagee shall be notified
of such finding. Abatement authorized by this section
shall not commence until at least ten (10) days after
service of such notice.
SECTION 12. 8 RECOVERY OF EXPENSES
The expenses incurred pursuant to Sections 10.7
and 12 .7 of this ordinance shall be paid by the owner
or occupant of the premises, or by the person who caused
or maintained such nuisance or other matter. The code
enforcement agency shall file among its records an
affidavit stating with fairness and accuracy the items
of expense and the date of execution of actions autho-
rized by Sections 10.7 and 12. 7 of this ordinance. The
Director may institute a suit to recover such expenses
against any person liable for such expenses to be
charged against the property as a lien. Except with
respect to a lien imposed for expenses incurred in
demolition, nothing herein shall be construed as
placing a lien upon the property which supersedes
the lien of any mortgage 'on such property executed
and recorded prior to the existence of a lien herein
authorized.
ARTICLE XIII
SECTION 13 RULE' MAKING: * ADMINISTRATIVE RELATIONSHIPS
SECTION 13. 1 RULES AND REGULATIONS
The Director is authorized to make and adopt such
written rules and regulations as may be necessary for
the proper enforcement and interpretation of this
ordinance and to secure the intent thereof. Such rules
and regulations shall not be in conflict with the provi-
sions of this ordinance or any other ordinance of Miami
Shores Village nor shall they have the effect of waiving
any provisions of this or any other ordinance. Such
rules and regulations shall have the same force and
effect as the provisions of this ordinance and penalty
for violation thereof shall be the same as the penalty
for violation of the provisions of this ordinance.
Such rules and regulations shall be submitted by the
Director through the Code Enforcement Board to the
Village Council of Miami Shores Village.
SECTION 13.2 ADMINISTRATIVE LIABILITY
No officer, agent or employee of Miami Shores
Village and/or of the Director shall render himself
personally liable for any damage that might accrue to
persons or property as a result of any act required
or permitted in the discharge of his duties under
this ordinance, shall be defended by the Village
Attorney until the final determination of the pro-
ceedings therein.
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SECTION 13.3 DUTIES OF VILLAGE ATTORNEY
The Village Attorney of Miami Shores, shall upon
complaint of the Director, or upon his own motion insti-
tute appropriate action to restrain, prevent , enjoin,
abate or correct any and all violations under this
ordinance, and to take such other legal action as may
be necessary to carry out the terms and provisions of
this ordinance. The remedies provided for herein shall
be cumulative and not exclusive, and shall be in addition
to any other remedies provided by law; and all remedies
may be pursued concurrently or consecutively and the
pursuit of any remedy shall not be construed as an
election or the waiver of the right to pursue any and
all of the others.
ARTICLE XIV
SECTION 14 PENALTIES
SECTION 14. 1 DEFINITION AND PENALTY
Any person who shall knowingly and willfully
violate or assist in the violation of this ordinance
shall upon conviction be punished by a fine of not
more than five hundred ($500. 00) dollars or serve a
term not to exceed sixty (60) days in the Dade County
Jail, or both such fine and sentence, in the discretion
of the Judge. This penalty shall be applicable to each
violation. The term "person" as used in this section
shall include the owner, occupant , mortgagee, or vendee
in possession, assignee of rents, receiver, executor,
trustee, lessee, agent or any other person, firm or
corporation directly or indirectly in control of a
building.
SECTION 14.2 SEPARATE OFFENSES
Each day' s violation of any of the terms of this
ordinance shall be deemed and considered and is hereby
specifically declared to be a separate and distinct
violation of the terms of this ordinance and punish-
able as such.
SECTION 15 SEVERABILITY
If any section or provision of this ordinance
should be held invalid for any reason whatsoever, such
invalidity shall not effect the remaining portions of
this ordinance, which shall remain in full force and
effect , and the provisions of this ordinances are
declared to be severable.
PASSED ON FIRST READING THIS 16 day of June, 1981.
PASSED AND ADOPTED on second reading this* 7 day of
July, A.D. , 1981.
igned) o J. odge
Robert L. Lodge
Mayor
ATTEST:
�, :_
__*6,kgned) M. intoinetat i neAon
k9
Village Clerk
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