It appears that despite the poor economy and tight municipal budgets, short-term rentals are targeted as the cause of all nuisances with little to no economic benefit to the community.
Below are links to short-term rentals in the news.
This BLOG was created to inform and mobilize Miami Beach property owners, renters, and stakeholders regarding the systematic attempt by local government to erode property rights and fair housing laws. You are encouraged to comment (anonymously if you choose). Please forward this web address to others interested in these issues.
AFTER-ACTION: Gary Held, First Assistant City Attorney, introduced the item. He explained that the proposed ordinance was a clarification of existing law that already applied to limit special master review of appeals from notices of violation, and that the City Commission referred the item to the Committee during its consideration at first reading. Motion: (Diaz / Wolfson - vote 2-0) The Committee instructed the Administration to bring back the proposed ordinance to the LUDC and incorporate the following changes:
- Remove the applicability clause regarding pending proceedings before the City's Special Master.
- Outside of this particular ordinance, recommend on how to address the due process issue of when and how persons receive notice of administrative determinations by the Planning Director, for example by either posting interpretations to the City's web site, reporting them to the City Commission, codifying them, and/or amending language on notices of violation by Code Compliance that explains that appeals of the Planning Director's or other officials' decisions are to the Board of Adjustment, and other applicable boards.
Terry Sheridan can be reached at (954) 468-2614.
2109 NW 2nd Ave. photo by Melanie Bell
Sec. 30-1. Intent.(a) It is the intent of this chapter to promote, protect and improve the health, safety and welfare of the citizens of the city and to provide an equitable, expeditious, effective and inexpensive method of enforcing codes and ordinances in force in the city where a pending or repeat violation exists or continues to exist. This chapter is enacted pursuant to the authority of F. S. ch. 162.
Sec. 30-2. Alternate code enforcement system created.The city creates, pursuant to F.S. ch. 162, an alternate code enforcement system that gives special masters appointed as set forth in articles II and III of this chapter the authority to hold hearings and impose fines, liens and other noncriminal penalties against violators of the city's or county's codes and ordinances.
(b) The jurisdiction of the special masters shall not extend to appeals from or challenges to actions, decisions or interpretations by the building offical, planning director or fire marshal of the codes or ordinances within their jurisdiction, or claims that actions, decisions or interpretations of the City or its officials or employees are unconstitutional. This subsection shall not affect jurisdiction conferred upon the special masters by applicable law, which includes but is not limited to review of notices of violations of the City Code, and applicable building codes, land development regulations and fire codes.
Section 118-351 - Determination of JurisdictionAll variance requests shall be submitted to the City Attorney for a determination of whether the requested variance or administrative appeal is properly before the Board of Adjustment and whether it constitutes a change or amendment to these land development regulations. The jurisdiction of the Board of Adjustment shall not attach unless and until the Board has before it a written opinion from the City Attorney that the subject matter of the request is properly before the Board. The written recommendations of the Planning and Zoning Director shall be before the Board prior to its consideration of any matter before it. Comments from other departments, including, but not limited to, the public works department and the planning, design and historic preservation division, shall be incorporated into these recommendations.