Statura IntelligenceRestrict code violations from denying or revoking certificates of use
Ask Statura
Workspace-aware AI · follow-ups in the same thread
One click and Statura tells you, in plain English, what this item does, why it matters to your business, and what to watch next. Then ask follow-up questions in the same chat.
Lifecycle
Vote
Item text
City of Miami File ID: 17606 (Revision: A) Printed On: 7/16/2025 AGENDA ITEM COVER PAGE File ID: #17606 Ordinance Sponsored by: Damian Pardo, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT,” MORE PARTICULARLY BY AMENDING SECTION 2-211, TITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE,” BY RESTRICTING CHAPTER 10 OF THE CITY CODE VIOLATIONS FROM CAUSING A DENIAL OR REVOCATION OF A CERTIFICATE OF USE IN LIMITED CIRCUMSTANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 17606 (Revision: A) Printed On: 7/16/2025 City of Miami Legislation Ordinance File Number: 17606 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT,” MORE PARTICULARLY BY AMENDING SECTION 2-211, TITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE,” BY RESTRICTING CHAPTER 10 OF THE CITY CODE VIOLATIONS FROM CAUSING A DENIAL OR REVOCATION OF A CERTIFICATE OF USE IN LIMITED CIRCUMSTANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, on December 14, 2017, the City Commission adopted Ordinance No. 13717, establishing a new Section 2-208 of the Code of the City of Miami, Florida, as amended, (“City Code”) prohibiting the issuance of permits for non-homestead properties with outstanding code or building violations unless required for life-safety, curing the violations, or for governmental entities; and WHEREAS, on October 22, 2020, the City Commission adopted Ordinance No. 13936, amending Section 2-211 of the City Code to provide for revocation of a Certificate of Use for properties with a Chapter 10 building violation, including but not limited to failure to obtain a forty (40) year certification; and WHEREAS, on July 28, 2022, the City Commission adopted Ordinance No. 14078, amending Section 2-208 of the City Code to provide for the issuance of permits in certain limited instances to tenants, units owners or building owners located on properties where there are outstanding city code violations; and WHEREAS, on May 23, 2024, the City Commission adopted Ordinance No. 14283, amending Section 2-208 and 2-211 of the City Code to, inter alia, restrict violations of Chapter 10 of the City Code from causing a denial or revocation of a certificate of use in limited circumstance; and WHEREAS, on September 12, 2024, the City Commission adopted Ordinance No. 14303, further amending and clarifying Section 2-211 of the City Code related to the denial and revocation of a Certificate of Use; and WHEREAS, these regulations have caused difficulties with tenants and occupants of buildings that are mixed use or contain multiple individual retail or office spaces obtaining Certificates of Use due to violations; and WHEREAS, the proposed amendments to Chapter 2, Section 2-211 of the City Code, titled “Denial or Revocation of Certificate of Use,” will establish and update the criteria for when a Certificate of Use is to be denied or revoked due to a violation of Chapter 10 of the City Code; and WHEREAS, on May 21, 2025 at a publicly noticed meeting, the Planning, Zoning and City of Miami File ID: 17606 (Revision: A) Printed On: 7/16/2025 Appeals Board (“PZAB”) considered the City Code amendment, item PZAB 3, and passed PZAB-R-25-027, recommending approval, by a vote of eight to zero (8-0); and WHEREAS, the City Commission finds that the relaxation of the criteria in Section 2-11 of the City Code will be in the best interest of the residents and businesses in the City of Miami and still provide life safety protections;
NOW, THEREFORE,
BE IT ORDAINED BY COMMISION 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. Section 2. Chapter 2, Article IV, Division 2 of the City Code is hereby amended in the following particulars:1 “CHAPTER 2 ADMINISTRATION * * * ARTICLE IV. DEPARTMENTS * * * DIVISION 2. PLANNING, BUILDING AND ZONING DEPARTMENT * * * Sec. 2-211. Denial or revocation of certificate of use. (a) The zoning administrator may shall deny the issuance or renewal of a certificate of use when there are any outstanding city liens or invoices due and owing. (b) Denial or revocation of certificate of use. The zoning administrator may deny the issuance or renewal, or revoke a certificate of use only for any of the following reasons: (1) The applicant provided a material false statement in the application or in the supplemental or additional statements of fact or studies required by the city. (2) There is a failure to comply with the terms or conditions of the certificate of use. (3) There is a violation of the provisions of this division. (4) The certificate of use holder subsequent to being issued a certificate of use, has been convicted of, or has pled guilty to, a violation of a law of Florida, or ordinance of Miami-Dade County or the city, which violation resulted from actions relating to the terms or conditions of the certificate of use. (5) The certificate of use holder is engaging or has engaged in an activity from the 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 File ID: 17606 (Revision: A) Printed On: 7/16/2025 proposed premises that is not in compliance with a zoning ordinance or other city ordinance. (6) The business tax receipt ("BTR") for the certificate of use holder has been denied, suspended or revoked. (7) There is a finding of violation of chapter 10 of the City Code at an unsafe structure panel hearing, including but not limited to failure to obtain a 40-year certification, where a life safety risk is present as determined by the unsafe structures panel. After a finding of violation with a life safety risk, any current certificate of use shall be revoked, however, a property owner may qualify and maintain a temporary certificate of use based upon the following criteria: i. A property owner may submit to the Unsafe Structure Panel, at the hearing, a current letter from a Florida licensed engineer or architect as applicable, under seal, stating the structure is safe for use and occupancy pursuant to Sec. 10- 101(d)(4). ii. ii. Any such letter may be rebutted by facts or testimony presented at the Unsafe Structure Panel hearing or by an order of the Building Official pursuant to Section 10-101(f)(1). iii. iii. If the Unsafe Structure Panel accepts the letter from the Florida licensed engineer or architect, the property shall be eligible for a Temporary Certificate of Use to be reviewed at 180-day intervals, from the date of the letter, pursuant to
1.3.7, Miami 21, the City’s Zoning Ordinance. iv. iv. If the property owner does not have the required letter from a Florida licensed engineer or architect at the hearing, the Unsafe Structure Panel may allow the letter to be provided within ten (10) days of the hearing to the Building Department so as to qualify for a Temporary Certificate of Use. v. v. Any issued Temporary Certificate of Use shall expire either 180-days after issuance or 180-days after a Florida licensed engineer or architect’s letter is issued, whichever comes first. vi. vi. The Temporary Certificate of Use can be renewed under these terms unless a contrary determination after hearing is made by the Unsafe Structure Panel or an order of the Building Official pursuant to Section 10-101(f)(1). vii. vii. If the required or updated Florida licensed engineer or architect letter is not provided in the prescribed time, the Temporary Certificate of Use shall be revoked. (7) In the event that the Unsafe Structures Panel determines the existence of an unsafe structure violation pursuant to Chapter 10 of the City Code, any occupied structure which requires a Certificate of Use for itself and/or tenants shall be required to provide a letter from a Florida licensed engineer or architect stating the structure is safe for occupancy in order to obtain and/or maintain a Certificate of Use. Without such letter, a Certificate of Use shall be revoked or denied. This letter must be updated a minimum of every twelve (12) months until the violation has been complied. If there is an order to demolish the structure by the Unsafe Structure Panel or it is determined by the Building Official that there is actual or immediate danger of the failure or collapse of a structure, the Building Official or Designee shall refer the violation to the Zoning Department and the Zoning Administrator shall then initiate the revocation of any active Certificates of Use and deny any subsequent applications for a Certificate of Use until such time as the violation has been complied. (c) The zoning administrator shall send written notice of the revocation, reason for the revocation and the effective date of the revocation to the holder of the certificate of use at the address of record on file with the city. City of Miami File ID: 17606 (Revision: A) Printed On: 7/16/2025 (d) Appeal. If a certificate of use is denied or revoked, the applicant or an aggrieved party who resides, occupies, or owns property within 500 feet of the property may file an appeal with the office of hearing boards within 15 days of the decision to deny or revoke the certificate of use. The appeal shall be heard at the next available regular meeting of the planning, zoning and appeals board. The decision of the planning, zoning and appeals board regarding a certificate of use may be appealed to the city commission by an applicant, an aggrieved party who resides, occupies or owns property within 500 feet of the affected property, or the planning and zoning department.” Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 2 If the Mayor does not sign this Ordinance, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. 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.
Official documents
City legislative record from the City Commission Legistar feed. The Ask-Statura brief is an AI interpretation grounded in this item's metadata, not legal advice.