O-505-87 ORDINANCE NO. 505-87
AN ORDINANCE AMENDING SECTION 14-31 OF THE CODE OF ORDINANCES,
MIAMI SHORES VILLAGE, FLORIDA; AUTHORIZING VILLAGE MANAGER TO
REFUSE THE ISSUANCE OF OR REVOKE ANY LICENSE OR PERMIT ISSUED;
ESTABLISHING GROUNDS THEREFOR, PROVIDING FOR HEARING AND
APPELLATE PROCEDURE TO VILLAGE COUNCIL; PROVIDING EFFECTIVE
DATE.
Section 1. Section 14-31 of the Code of Ordinances of
Miami Shores Village, Florida, reads as follows :
Sec. 14-31. Revocation.
The license of any person for the operation of any
business may be reoVked by the council at any time,
upon notice and hearing, f,or violation of any ordin-
ance of the village or law of the county pertaining
to licensing such business; provided, however, that
this section shall not affect the power of the court
to revoke certain licenses where such revocation is
specifically provided for by ordinance.
Section 2. Section 14-31 of the Code of Ordinances of
Miami Shores Village, Florida, shall stand amended to read as
follows:
Sec. 14-31. Denial and Revocation.
(a) The Village Manager shall have the authority to refuse
the issuance of or revoke any license or permit issued as
authorized by the Code of Ordinances of Miami Shores Village.
(b) The refusal to issue, or revocation, of a license or
permit shall be based upon one or more of the following
grounds:
(1) That the application for license or permit
contains a fraudulent statement or misrepresentation.
(2) That in the course of carrying on the activity
licensed or permitted, fraud,misrepresentation or
unethical business practices are carried on or per-
mitted to occur by the holder of said permit or
license.
(3) That the holder of said permit or license has
been convicted of any crime or misdemeanor involving
moral turpitude.
(4) That the activity licensed or permitted is con-
ducted in an unlawful manner, or in a manner which
constitutes a breach of the peace or a menace to the
health, safety or general welfare of the Village.
(5) That the activity licensed or regulated fails
to comply with Village of Miami Shores, Florida Ordin-
ances in respect to required parking spaces or has
lost the right to use other lots or parcels of land in
connection with the principal business use.
(6) That the activity licensed or regulated fails to
comply with the provisions of Village of Miami Shores
Ordinances relating thereto.
(7) That the activity licensed or regulated fails
todeposit the necessary and proper monies required
by the applicable ordinances for the extension of
village utilities, including trash
and garbage collection, or fails to maintain said
deposits, or fails to pay the applicable fees and
charges for said services, or otherwise fails to
comply with the provisions of Village of Miami Shores
ordinances.
(8) That apartments, motels, and rooming houses
licensed or sought to be licensed fails to meet the
requirements of Chapter 12 of Village of Miami Shores
Ordinances, known as the Minimum Housing Standards
Ordinance, and the provisions of Ordinance 63-30 of
Metropolitan Dade County, known as Minimum Housing
Standard Ordinance, Chapter 17, Article I of the
Dade County Code, as well as all other regulatory
ordinances applicable to said business.
(c) Notice of public hearing for denial or revocation of
a license or permit shall be given in writing to the holder
thereof, setting forth the grounds alleged for denial or
revocation, and designating a time and place for a public
hearing. Notice shall be mailed to the licensee or permittee
at the last known address at least five (5) days prior to the
date of hearing.
(d) Upon public hearing on a license or permit denial or
revocation before the Village Manager, the Village Manager
shall make his determination in writing, and if adverse to
the holder of the license or permit, the Village Manager shall
state the grounds relied upon and the evidence in support
thereof.
(e) Any person aggrieved by the action of the Village Manager
in the denial or revocation of any permit or license shall
have the right of appeal to the Village Council. Appeal shall
be taken by filing with the Council within fourteen f14) days
after written notice of denial or revocation a written state-
ment setting forth the grounds for appeal. The Village
Council shall set a time and place for hearing the appeal,
and notice of hearing shall be given to the appellant five
(5) days prior to the hearing. The decision and order of
the Village Council shall be final and conclusive.
Section 3. This Ordinance shall become effective upon
adoption.
PASSED ON FIRST READING this 7th day of April 1987.
PASSED AND ADOPTED on the second reading this 21st day of
April 1987.
MAYOR
ATTEST:
Deputy Clerk
APPROVED AS TO FORM:
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