O-598-97 ORDINANCE NO. 598-97
AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, FLORIDA, AMENDING SECTIONS 901
AND 902 OF THE MIAMI SHORES LAND DEVELOPMENT
AND ZONING CODE TO REQUIRE THE ISSUANCE OF A
CERTIFICATE OF RE-OCCUPANCY PRIOR TO TRANSFER
OF POSSESSION OF ONE-FAMILY DWELLINGS WITHIN
MIAMI SHORES VILLAGE; TO MANDATE DISCLOSURE BY
OF SUCH REQUIREMENT; TO REQUIRE AND TO LIMIT
INSPECTION FOR RE-OCCUPANCY TO ASSURE
COMPLIANCE WITH SINGLE FAMILY USE RESTRICTION
AND MINIMUM HABITABILITY REQUIREMENTS; AND
PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, it is has become necessary to establish a procedure providing for the
issuance of a certificate of re-occupancy upon the transfer of possession of one-family
dwellings within Miami Shores Village, Florida, in order to ensure that all property limited
to single-family residential use is used in conformance with the provisions of the Miami
Shores Land Development and Zoning Code and to assure that such buildings meet
certain minimum requirements for human habitation at the time such properties change
occupants,
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE VILLAGE COUNCIL OF
MIAMI SHORES VILLAGE, FLORIDA:
Section 1. That section 901 of the Miami Shores Land Development and Zoning
Code is hereby amended by adding subsections (h) and (i) which read:
"(h) No building located in a one-family residential district listed in Section
300(a) of this ordinance shall be re-occupied following a transfer of
possession of any such building, prior to the issuance of a certificate of re-
occupancy for such purpose by the Director of Building and Zoning. The
certificate of re-occupancy, if issued, shall contain the following statement:
THIS CERTIFICATE VERIFIES THAT THE REFERENCED
PROPERTY HAS BEEN INSPECTED BY MIAMI SHORES
VILLAGE AND HAS BEEN DETERMINED TO PRESENTLY
COMPLY WITH THE SCHEDULE OF REGULATIONS OF
THE MIAMI SHORES LAND AND DEVELOPMENT CODE
PERTAINING SOLELY TO THE REQUIREMENT THAT EACH
ONE-FAMILY DWELLING IS USED AND INTENDED TO BE
USED FOR A ONE-FAMILY DWELLING PURPOSE ONLY;
HOWEVER, THIS CERTIFICATE DOES NOT CONSTITUTE
ANY REPRESENTATION OR WARRANTY AS TO THE
CONDITION OF THE DWELLING OR OTHER STRUCTURES
ON THE PREMISES DESCRIBED HEREIN, OR ANY
ASPECT OF SUCH CONDITION, AND INTERESTED
PERSONS ARE ADVISED AND ENCOURAGED TO MAKE
THEIR OWN INSPECTION OF THE PREMISES IN ORDER
TO DETERMINE THE CONDITION THEREOF.
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(i) It shall be unlawful for any owner or occupant of property located in a
one-family residential district listed in Section 300(a) of this ordinance to
transfer possession of such property, whether by assignment, lease, sale, or
gift, without first disclosing by written notice to the assignee, tenant, buyer or
grantee the fact that a certificate of re-occupancy is required by this
ordinance prior to transfer of possession. Such notice shall be provided in
substantial conformity with the following:
Disclosure Statement
Property:
New Occupant:
FormerOccupant:
Former occupant does hereby disclose to New Occupant that
pursuant to section 901(h) of the Miami Shores Land
Development and Zoning Code, it is unlawful to occupy or
cause to be occupied any one-family dwelling within Miami
Shores Village, Florida, unless and until a Certificate of Re-
Occupancy is issued by the Village pursuant to sections 901
and 902 of the Miami Shores Land Development and Zoning
Code.
New Occupant shall contact the Miami Shores Village Director
of Building and Zoning at(305) 795-2204, 10050 N.E. 2nd Ave.,
Miami Shores, Florida, for application forms and information
regarding a Certificate of Re-Occupancy."
Section 2. That section 902 of the Miami Shores Land Development and Zoning
Code is hereby amended to read:
"Section 902. [Applications for building permits, licenses, certificates of
occupancy and re-occupancy.]
(a) Every application for a building permit, license, certificate of occupancy
or certificate of re-occupancy shall contain, or be accompanied by, such
information as the Director of Building and Zoning may deem to be
necessary (as indicated by standard forms prescribed by the village
manager) for the effective enforcement of this ordinance, together with any
required application fee which, in the case of a certificate of re-occupancy,
shall be fifty dollars ($50.00). The plat accompanying an application for a
building permit shall show not only the plot on which the proposed building
or work is to be located but also any contiguous land owned by the applicant.
(b) Upon receipt of an application for certificate of re-occupancy, the
Director of Building and Zoning, or such other individual as the Village
Manager designates, shall inspect the subject dwelling within ten (10) days
and, if such dwelling is found to (i) be in conformance with the provisions of
section 401 and the Schedule of Regulations pertaining to one-family
dwelling use requirements, and (ii) to not be unfit for human habitation as
defined in section 12-257 of the Code of Ordinances, Miami Shores Village,
Florida, a certificate of re-occupancy shall be issued. If the dwelling is not
in conformance with such provisions, the Director, within ten (10) days of the
date of such inspection, shall indicate by itemized list corrective action and
the certificate of re-occupancy shall be withheld unless and until such
provisions are complied with, to the reasonable satisfaction of the Director.
In the event the Director fails to issue an itemized list of corrective action
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within such ten (10) day period, the Village shall be deemed to have waived
the certificate of re-occupancy requirement otherwise imposed by section
901(h) and (i) of this Code.
(c) Information gained or conditions observed in the course of any
inspection conducted pursuant to this section shall not be utilized by the
code compliance officers of the village as the basis for bringing code
enforcement violation proceedings, other than as to one-family dwelling use
requirements or with regard to structures that are unfit for human habitation.
Nothing set forth in this subsection, however, shall preclude other
enforcement actions brought upon the basis of information gained or
violations observed by other lawful means."
Section 3. Severability. If any word, clause, phrase, sentence, paragraph or section
of this ordinance is held to be invalid by a court of competent jurisdiction, such declaration
of invalidity shall not affect any other word, clause, phrase, sentence, paragraph or section
of this ordinance.
Section 4. Effective Date. Upon adoption on second reading, this ordinance shall
take effect immediately upon passage and adoption.
PASSED on first reading, this A±a day of FPhriiar�/ , 199,Z_.
PASSED AND ADOPTED on second reading, this i81bday of February , 1997
rM U101
Uw�'J
Louis Imburgia, Jr., May
ATTEST:
Village Clerk
APPROVED:
Village Aft rney
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