<span style="font-size: 14px; font-family: Arial;">C</span><span style="font-family: Arial; font-size: 14px;">onsideration and approval of an ordinance on second reading </span><span style="font-size: 14px; font-family: Arial;" id="isPasted">to strengthen enforcement against businesses operating in violation of Town Code. Sponsored by Council Member Robert Yaffe. </span>

1 2 ORDINANCE NO. ____ 3 4 AN ORDINANCE OF THE TOWN OF BAY HARBOR ISLANDS, 5 FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES TO 6 CREATE ADDITIONAL ENFORCEMENT AUTHORITY RELATED TO 7 BUSINESS TAX RECEIPTS AND AUTHORIZED USES; PROVIDING 8 FOR REVOCATION AND SUSPENSION OF BUSINESS TAX RECEIPTS 9 FOR USES INCONSISTENT WITH APPROVED OR REPRESENTED 10 USE; AUTHORIZING THE ISSUANCE OF STOP WORK ORDERS AND 11 THE WITHHOLDING OR REVOCATION OF CERTIFICATES OF 12 OCCUPANCY AND TEMPORARY CERTIFICATES OF OCCUPANCY; 13 PROHIBITING MATERIAL MISREPRESENTATIONS IN CONNECTION 14 WITH LAND USE APPROVALS AND BUSINESS TAX RECEIPTS; 15 PROVIDING FOR PROCEDURES, APPEALS, AND PENALTIES; 16 PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; 17 PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 18 EFFECTIVE DATE. 19 WHEREAS, the Town has a compelling governmental interest in ensuring that 20 businesses operate strictly in accordance with approved land uses, zoning regulations, 21 and representations made to the Town; and 22 WHEREAS, the Town Council has identified circumstances in which applicants 23 obtain approvals or Business Tax Receipts (“BTRs”) based on one represented use but 24 subsequently operate a materially different use; and 25 WHEREAS, such conduct undermines the integrity of the Town’s zoning 26 framework, public process, and land use approvals, and may result in uses that are 27 otherwise prohibited in specific districts; and 28 WHEREAS, the Town desires to establish enhanced enforcement mechanisms 29 beyond monetary fines to prevent and remedy such conduct, including suspension or 30 revocation of BTRs, stop work orders, and denial or revocation of Certificates of 31 Occupancy; 32

NOW, THEREFORE,

BE IT ORDAINED BY THE TOWN COUNCIL OF THE 33 TOWN OF BAY HARBOR ISLANDS, FLORIDA: 34 Section 1: That the foregoing recitals are adopted and hereby incorporated as if 35 fully set forth herein. 36 Section 2: That the Town of Bay Harbor Islands Code of Ordinances is hereby 37 amended by creating a new section, to be designated as Section 13-12, to provide 38 regulations with respect thereto, as more fully set forth in the attached Exhibit "A", and by 39 reference are made a part hereof. 40 Section 3: That any section, paragraph, sentence or word of this Ordinance or the 41 application thereof to any person or circumstance is held invalid, that the invalidity shall 42 not affect the other sections, paragraphs, sentences, words or application of this 43 Ordinance. 44 Section 4: That it is the intention of the Town Council of the Town of Bay Harbor 45 Islands, and it is therefore ordained, that the provisions of the Ordinance shall become 46 and be made a part of the Town of Bay Harbor Islands' Code of Ordinances, that sections 47 of this Ordinance may be re-numbered or re-lettered to accomplish such intentions, and 48 that the word "Ordinance" shall be changed to "Section" or other appropriate word. 49 Section 5: That all Ordinances, parts of Ordinances, Resolutions or parts of 50 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 51 such conflict. 52 Section 6: That this Ordinance shall be in full force and take effect immediately 53 upon its passage and adoption. 54 PASSED on First Reading this 22nd day of April, 2026 55 PASSED on Second Reading this 13th day of May, 2026. 56 57 58 59 60 Mayor 61 62 ATTEST: 63 64 65 66 Evelyn Herbello, MMC 67 Town Clerk 68 69 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 70 71 __________________________ 72 73 Town Attorneys 74 BY: 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 EXHIBIT A 111 112 Sec. 13-12 – Compliance with Approved Use; Misrepresentation; Enforcement. 113 114 (a) Purpose and Intent. 115 This section is intended to ensure that any business operating within the Town strictly 116 adheres to (i) the use approved by the Town Council, Town Manager, Planning and Zoning 117 Board, or other approving authority, and (ii) the use described in its Business Tax Receipt 118 application and supporting materials. This section shall be construed broadly to prevent 119 circumvention of the Town's zoning regulations through misrepresentation or material 120 deviation in actual operations. 121 122 (b) Definitions. 123 For purposes of this section: 124 1. "Approved Use" means the specific use authorized by zoning, site plan approval, 125 conditional use approval, variance, or any other Town approval. 126 2. "Material Deviation" means any change in the nature, intensity, or classification of a 127 use that would (i) require a different zoning classification or approval, (ii) not be 128 permitted as of right in the applicable zoning district, or (iii) have altered the Town's 129 approval if accurately disclosed. 130 3. "Misrepresentation" means any false, misleading, or incomplete statement, whether 131 written or oral, made to the Town in connection with a BTR, zoning approval, or land 132 use approval, including omissions of material facts. 133 134 (c) Prohibited Conduct. 135 It shall be unlawful for any business owner, operator, tenant, or property owner to: 136 1. Operate a business in a manner that constitutes a Material Deviation from the 137 Approved Use or the use stated in the BTR application; 138 2. Advertise, market, or hold out a business to the public as a use that differs from the 139 Approved Use or permitted use under the Town Code; 140 3. Obtain or maintain a BTR based on a Misrepresentation; or 141 4. Convert or transition a use without first obtaining all required Town approvals. 142 143 (d) Condition of BTR Issuance and Continuation. 144 Compliance with the Approved Use and all representations made to the Town shall be an 145 express, ongoing condition of the issuance and renewal of any Business Tax Receipt. Any 146 violation of this section shall constitute grounds for immediate enforcement action. 147 148 (e) Enforcement Authority. 149 Upon a determination by the Town Manager, Code Compliance Director, or Building Official 150 that a violation of this section has occurred, the Town may take any or all of the following 151 actions: 152 1. Immediate Suspension of BTR. Suspend the Business Tax Receipt pending further 153 proceedings where continued operation poses a risk of ongoing violation. 154 2. Revocation of BTR. Revoke the Business Tax Receipt upon a finding of Material 155 Deviation or Misrepresentation. 156 3. Stop Work Order. Issue a stop work order requiring the immediate cessation of 157 operations, including but not limited to the provision of services inconsistent with the 158 Approved Use. 159 4. Certificate of Occupancy Actions. (i) Deny issuance of a Certificate of Occupancy 160 ("CO") or Temporary Certificate of Occupancy ("TCO"); (ii) Suspend or revoke an 161 existing CO or TCO, subject to applicable law, where the use is inconsistent with the 162 Approved Use. 163 5. Code Enforcement Proceedings. Initiate proceedings before the Special Magistrate, 164 including the imposition of daily fines and liens. 165 6. Additional Remedies. Pursue injunctive relief, including immediate cessation of 166 unlawful use, in a court of competent jurisdiction. 167 168 (f) Notice and Opportunity to Cure. 169 Except in cases involving an immediate threat to public health, safety, or welfare, the Town 170 shall provide written notice of violation and a reasonable opportunity to cure, not to exceed 171 ten (10) days. Failure to cure within the prescribed time shall result in enforcement action. 172 173 (g) Administrative Hearing and Appeal. 174 Any suspension or revocation of a BTR or CO/TCO under this section shall be subject to an 175 administrative hearing before the Special Magistrate or other designated hearing officer. The 176 decision may be appealed in accordance with applicable law. 177 178 (h) Independent Violations. 179 Each day that a violation continues shall constitute a separate and distinct offense. 180 181 (i) Non-Exclusive Remedies. 182 The remedies provided herein are cumulative and not exclusive. The Town may pursue any 183 other remedies available under the Town Code, state law, or equity. 184 185 (j) Truthful Representation of Use – Amendment to Existing Section. 186 All applications for a Business Tax Receipt shall accurately describe the intended use of the 187 property. Any material misrepresentation or omission shall constitute grounds for denial, 188 suspension, or revocation pursuant to this Section 13-12. 189