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Miami Beach is a dynamic community. One of the City’s goals is to ensure a balance between the numerous activities that make this such an exciting place to live, work and play. To that end, the City has adopted Ordinances designed to protect the residential quality of life, while maintaining the unique characteristics of our vibrant city.
Below are brief descriptions of the main violation categories issued by the Code Compliance Department:
The City Code regulates activities including, but not limited to businesses failing to obtain Business Tax Receipt, file/pay Resort Tax, conducting business on public property, sidewalk cafés (conditions of permits); environmental issues and activities (styrofoam, beach glass, sea turtle, and litter); blocking the right of way, signs on public property and special events (failure to obtain permit or violate permit conditions). The Code Compliance Department will take necessary actions to ensure residents, businesses, and visitors comply with the City Code regulations.
How to
Apply for a Code Violation Extension
A Code Compliance Administrator or Supervisor has the ability to grant your request for additional time to comply. A written request must be submitted prior to the compliance date at our office, located at 1680 Meridian Avenue Suite 602, Miami Beach, FL 33139, during regular business hours (8:30 am– 5:00 pm). Please contact the Code Compliance Department at 305.673.7555 if you have any questions.
Handle Violations with an Immediate Fine
Some City Code violations carry an immediate fine. The fine is identified on the notice of violation. The fine must be paid within the time specified or the violation can be appealed to the Special Magistrate at the City Clerk’s Office. Paying the fine or failing to appeal the violation within the allowed time is considered an admission of guilt and any subsequent violation will be considered a repeat violation.
Violation with fine issued.
Violator can pay fine or appeal within the specified time.
Failure to pay fine or appeal will result in a Final Order requiring the full amount due.
Handle Violations With No Immediate Fine
Code issues a Notice of Violation, with a compliance date. The violator may correct the violation by the compliance date or request an extension (Please note not all violations qualify for an extension). The case will be closed when compliance is achieved. Failure to correct the violation by the compliance date will result in the case being forwarded to the Special Magistrate for a hearing. If the violator is found guilty by the Special Magistrate a new compliance date may be set and a daily fine is ordered for failure to comply. If the violation is corrected prior to the compliance date, the case will be closed. Failure to correct the violation by the compliance date will result in the accrual of a daily fine as ordered by the Special Magistrate. The fine will become a lien on the property.
Once there is a violation and/or the time period to correct a courtesy notice has expired, the following occurs:
A hearing date for the Special Magistrate is set. The Code Compliance Officer will conduct further inspection shortly before the hearing to determine if the area of concern still exists. If the area of concern is corrected prior to the compliance date, an affidavit of compliance will be completed by the Code Compliance Officer and forwarded to the Special Magistrate. If the area of concern still exists, the hearing will proceed.
If the Special Magistrate makes a finding of not guilty, the case will be dismissed.
If the Special Magistrate makes a finding of guilt, a new compliance date will be set and a daily fine assessed if the area of concern is not corrected by the compliance date. The fine can be up to $1,000 per day for the first offense, and $5,000 per day for a repeat violation. (An adjudicated violation is considered a repeat offense if it occurs again within five years).
If the area of concern is corrected prior to the new compliance date set by the Special Magistrate, an affidavit of compliance will be completed by the Code Compliance Officer and forwarded to the Special Magistrate. Both the Special Magistrate case and the Code Compliance case will be closed.
If the offense is not corrected by the compliance date set by the Special Magistrate, an affidavit of non-compliance will be completed by the officer and forwarded to the Special Magistrate, and the daily fine will begin to accrue.
The case will remain open as long as the violation exists and there are outstanding fines, even if the violations are corrected. The fines will become a lien, which will be placed against the property. Failure to pay the fines can result in the initiation of foreclosure procedures on the property.
