13.1.1

Unless provided otherwise in this article, article III, section 2-30 of the Biscayne Park Code shall govern the rules, policies and procedures of the planning board.

(Ord. No. 2015-03, § 2, 5-5-15)

13.2.1

Authority/duties. The planning and design review board shall serve as the local planning agency, review variance applications, review projects for architectural and design elements, and have other authority as provided by state law and the Land Development Code. When used in the Land Development Code, the planning and design review board shall be referred to as the "planning board."

13.2.2

Composition. The five-member board shall be appointed by the village commission. Members of the planning board shall be property owners and residents of the Village of Biscayne Park. Residents who are not property owners may be appointed by the village commission by at least a four-fifths super majority vote.

13.2.3

Term of office. The initial appointments to the planning board and the alternate members shall be as follows:

(1)

One (1) member appointed for a term of one (1) year.

(2)

Two (2) members appointed for a term of two (2) years.

(3)

Two (2) members appointed for a term of three (3) years.

Thereafter, all appointments shall be made for a term of three (3) years and shall take effect on May 1 of the year the appointment is made. A member may be reappointed upon approval of the village commission. Appointments to fill any vacancy on the planning board shall be for the remainder of the unexpired term of office. For an excused absence, a board or committee member must advise the village clerk prior to the meeting of the fact that they will be absent and provide a reason for that absence. The board or committee may vote to excuse the requested absence at the same meeting the board or committee member is absent. The absence, and whether or not the absence is excused or unexcused, is to be reflected in the minutes.

The members shall serve in accordance with the Village Charter and may be suspended and removed for cause as provided in the Village Code for removal of members of village boards.

13.2.4

Application fees. The village commission shall adopt by resolution a schedule of application fees for functions performed by the planning board in response to applications submitted by any person, corporation, organization or governmental entity.

(Ord. No. 2015-03, § 2, 5-5-15; Ord. No. 2015-09, § 3, 12-1-15; Ord. No. 2022-11, § 2, 10-4-22)

Editor's note— Ord No. 2022-11, § 2, adopted Oct. 4, 2022, amended § 13.2 and in doing so changed the title of said section from "Planning board" to "Planning and design review board," as set out herein.

13.3.1

Designation and establishment of local land planning agency. Pursuant to and in accordance with F.S. § 163.3174, the village planning board is hereby designated and established as the local planning agency for the incorporated territory of Biscayne Park, Florida.

13.3.2

Duties and responsibilities as the local planning agency. The planning board, as the local planning agency, in accordance with F.S. § 163.3174(4), shall:

(a)

Be the agency responsible for the preparation of the comprehensive plan and shall make recommendations to the village commission regarding the adoption of such plan or element or portion thereof.

(b)

Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required, including review of the periodic reports required by F.S. § 163.3191, (evaluation and appraisal of the comprehensive plan once every five (5) years).

(c)

When the local planning agency is serving as the land development regulation commission or the local government requires review by both the local planning agency and the land development regulation commission, review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan or portion thereof.

(d)

Perform any other functions, duties and responsibilities assigned to it by the governing body or general or special law.

13.3.3

Funds. The commission shall appropriate funds at its discretion to the local planning agency for expenses necessary in the conduct of its work. The local planning agency may, in order to accomplish the purposes and activities required by the Local Government Comprehensive Planning and Land Development Act of 1985 Act, expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans, and other sources; provided acceptance of loans or grants must be approved by the commission.

(Ord. No. 2015-03, § 2, 5-5-15)

13.4.1

Variances recommended by the planning board. The planning board may recommend to the commission a variance from the strict application of any provision of this code, except provisions of the adopted levels of service, (chapter 9).

13.4.2

Grounds for a variance—Findings required. The planning board may recommend a variance from this chapter when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the board shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required herein below, the board shall take into account the nature of the proposed use of land and the existing character of land and buildings in the vicinity. No variance shall be recommended unless the board finds:

(1)

That there are special circumstances or conditions affecting the property which are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land.

(2)

That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

(3)

That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.

(4)

That the variance proposed is the minimum variance which makes possible the reasonable use of the property.

13.4.3

Imposition of conditions. In recommending a development approval involving a variance, the planning board may also recommend such conditions and restrictions upon the premises benefited by a variance as may be necessary to allow a positive finding to be made on any of the factors in subsection 13.4.2 above, or to minimize the injurious effect of the variance.

13.4.4

Notification of surrounding property owners. For variance requests being presented for quasijudicial hearings, notification will be provided to surrounding property owners:

(1)

The applicant shall provide a certified list of all property owners within five hundred (500) feet of the perimeter of the property that is the subject of the application.

(2)

The village will prepare a letter of notification including a description of the application, the location of the property, the date(s), time(s) and place(s) of public hearing(s) before the village commission, and information on where the public can review the application.

(3)

The village will mail notifications by first class mail to property owners within five hundred (500) feet of the perimeter of the property which is subject of the application. Notification shall be post marked at least fifteen (15) days prior to the first date at which the application will be heard before the village commission. Staff is authorized to charge the applicant a reasonable fee for the village's cost of preparing and mailing notices.

(4)

Failure of a property owner to receive such courtesy notice shall not void any decision reached on the subject matter.

13.4.5

Village commission approval. The planning board recommendation shall be sent to the village commission for final consideration. The village commission shall review the findings and recommendations of the planning board, determine whether all grounds for the variance have been established and make a final decision regarding approval or denial of the requested variance.

13.4.6

Historic properties. Special variances may be granted for the reconstruction, rehabilitation or restoration of structures listed or classified in the national or county register of historic places. The special variance shall be the minimum necessary to protect the historic character and design of the structure. No special variance shall be granted if the proposed construction, rehabilitation, or restoration will cause the structure to lose its historical designation.

13.4.7

Conditions and limitations. In authorizing any variance, the commission shall include as part of such variance, any condition, requirement or limitation which the board may believe to be necessary and desirable to protect adjacent properties in the surrounding neighborhood, and to carry out the spirit and purpose of the Land Development Code.

13.4.8

Administrative variances. This part is established to provide standards and procedures for the granting of administrative variances of development standards for existing sites. Administrative variances are specifically intended to promote high standards of design, provide flexibility in the administration of standards in recognition of site specific conditions, and to establish conditions to ensure compatibility where standards are modified.

Administrative variances shall be limited to ten (10) percent of the affected setback or substantially similar dimensional requirement, up to a maximum of one (1) foot. The village manager shall be charged with the granting or denying of administrative variances. No administrative variance shall be granted unless the applicant clearly shows the existence of one (1) of the following circumstances:

(1)

Superior alternatives: Where the development will provide an alternative which will achieve the purposes of the requirement through clearly superior design.

(2)

Technical impracticality: Where the strict application of the requirements would be technically impractical in terms of design or construction practices or existing site conditions. The degree of existing nonconforming conditions and the extent to which the proposed modification would lessen the nonconforming condition shall be specifically considered.

(3)

Protection of natural features, including trees, wetlands, archeological sites and similar circumstances.

(4)

Other technical, architectural or engineering reasons.

(Ord. No. 2015-03, § 2, 5-5-15; Ord. No. 2021-02, § 2, 2-2-21)

13.5.1

State law. The procedures for amending this code or the comprehensive plan shall adhere to state law in all respects.

13.5.2

Applications. Any affected person or affected local government may apply to the local planning agency to amend this code or the comprehensive plan in compliance with procedures prescribed by the agency.

13.5.3

Local planning agency recommendation. The local planning agency shall hold a legislative hearing on each application to amend this code or the comprehensive plan and thereafter submit to the village commission a written recommendation which:

(a)

Identifies any provisions of the code, comprehensive plan, or other law relating to the proposed change and describes how the proposal relates to them.

(b)

States factual and policy considerations pertaining to the recommendation.

13.5.4

Decision by the village commission. The village commission shall hold a legislative hearing on the proposed amendment and may enact or reject the proposal, or enact a modified proposal that is within the scope of matters considered at the hearing.

13.5.5

Legislative hearing. Each legislative hearing shall conform to the following requirements:

(a)

Notice. Notice that complies with the requirements of state law shall be given.

(b)

Hearing. The public hearing shall as a minimum:

(1)

Comply with the requirements of state law.

(2)

Present the local planning agency's analysis of the proposed decision.

(3)

Present the local planning agency's summary of reports by other agencies.

(4)

Permit any affected person or affected local government to submit written recommendations and comments before or during the hearing.

(5)

Permit a reasonable opportunity for interested persons to make oral statements.

(Ord. No. 2015-03, § 2, 5-5-15)

13.6.1

Submission of appeal. Appeals as to any provision of this code or regulations may be made to the commission by any aggrieved resident or property owner of the area affected, and upon receipt of such appeal it shall be referred to the local planning agency for investigation.

13.6.2

Local agency evaluation. Such appeals may concern general provisions of the plan and regulations or their effect in application to specific pieces of property. The local planning agency shall determine whether or not relief may be granted without substantial detriment to the public good and without impairing the intent and purpose of the plan and code, and shall report its findings and recommendations as to change and amendments, if any, to the commission.

13.6.3

Final action. Final action on appeals shall be taken by the commission after receipt of such report, and the commission may overrule the local planning agency.

13.6.4

Local planning agency failure to act. Failure of the local planning agency to act on any appeal within thirty (30) days after its official submission to it shall be deemed approval unless a longer period is requested and granted by the commission.

13.6.5

Certification. Changes in the adopted comprehensive plan and Land Development Code, or amendments thereto, originated by the local planning agency may be certified through the commission at any regular meeting and adopted as amendments to this code in the regular manner.

(Ord. No. 2015-03, § 2, 5-5-15)

board—Generally.

14.1.1

Purpose. This chapter sets forth the procedures of the code compliance board. When not expressly provided for in this chapter, article III, section 2-30 of the Biscayne Park Code shall apply.

14.1.2

Intent. It is the intent of the village to provide an equitable, expeditious, effective, and inexpensive method of enforcing the codes and ordinances in force in the village by granting to the code compliance board the authority to impose administrative fines and other non-criminal penalties for violation(s) of said codes and ordinances. In addition to the enforcement and remedy powers provided herein, the village may enforce any alleged violation of the Biscayne Park Code and Biscayne Park Land Development Code by any means authorized by law, including legal action in any court of competent jurisdiction.

14.1.3

Composition.

(a)

Code compliance board.

(1)

Composition. The five-member board shall be appointed by the village commission.

(2)

Qualifications. Members of the code compliance board shall be property owners and residents of the Village of Biscayne Park. Residents who are not property owners in the Village of Biscayne Park may be appointed by the village commission by at least a four-fifths super majority vote. Appointments shall be made on the basis of experience or interest and, when possible, include the following individuals: an architect, an attorney, a businessperson, an engineer, a general contractor, a subcontractor and a licensed real estate person.

14.1.4

Terms of office. The initial appointments to the code compliance board and the alternate members shall be as follows:

(a)

One (1) member appointed for a term of one (1) year.

(b)

Two (2) members appointed for a term of two (2) years.

(c)

Two (2) members appointed for a term of three (3) years.

Thereafter, all appointments shall be made for a term of three (3) years and shall take effect on May 1 of the year the appointment is made. A member may be reappointed upon approval of the village commission. Appointments to fill any vacancy on the code compliance board shall be for the remainder of the unexpired term of office. For an excused absence, a board or committee member must advise the village clerk prior to the meeting of the fact that they will be absent and provide a reason for that absence. The board or committee may vote to excuse the requested absence at the same meeting that the board or committee member is absent. The absence, and whether or not the absence is excused or unexcused, is to be reflected in the minutes. The members shall serve in accordance with the village charter and may be suspended and removed for cause as provided in the village code for removal of members of village boards.

14.1.5

Procedures for code compliance board.

(a)

Chairperson. The members of the code compliance board shall elect a chairperson and vice-chairperson from among its members.

(b)

Quorum. The presence of three (3) members shall constitute a quorum of the code compliance board.

(c)

Expenses. Members shall serve without compensation, but may be reimbursed for such travel, mileage and per diem expenses as may be authorized by the village commission.

14.1.6

Counsel. The village attorney either shall be counsel to the code compliance board or shall represent the village by presenting cases before the board, but in no case shall the village attorney serve in both capacities. If a violator or the owner of property that is subject to an enforcement proceeding is represented by counsel, the violator and/or property owner shall notify the village in writing of such representation no less than seventy-two (72) hours prior to the hearing on the violation before the code compliance board. If the violator or property owner fails to give the required notice, the hearing on the alleged violation shall be automatically continued to the next code board hearing, unless by a supermajority vote of the code board members present the code board elects to hear the case.

14.1.7

Compliance procedure.

(a)

It shall be the duty of the code compliance officer to initiate enforcement proceedings of the various codes, provided, however, no member of the code compliance board shall have the power to initiate such enforcement proceedings.

(b)

Except as provided in subsections (c), (d) and (f), if a violation of the codes is found, the code compliance officer shall notify the violator and give the violator a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code compliance officer shall notify the code compliance board of the charges and request a hearing pursuant to procedure in section 14.1.8. Notice shall be provided pursuant to section 14.1.13.

(c)

If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code compliance officer, the case may be presented to the code compliance board even if the violation has been corrected prior to the board hearing, and the notice shall so state. If a repeat violation is found, the code compliance officer shall notify the violator but is not required to give violator a reasonable time to correct the violation. The code compliance officer, upon notifying the violator of a repeat violation, shall notify the code compliance board and request a hearing. The code compliance board shall schedule a hearing and shall provide notice pursuant to section 14.1.12. The case may be presented to the code compliance board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. "Repeat violation" means a violation of a provision of a code or ordinance by a person who has been previously found, through a code compliance board or other quasi-judicial or judicial process, to have violated or has admitted violating the same provision within five (5) years prior to the violation.

(d)

If the code compliance officer has reason to believe a violation presents a serious threat to the public health, safety and welfare, the code compliance officer may proceed directly to the procedure in subsection 14.1.7(b) without notifying the violator.

(e)

If the owner of property that is subject to an enforcement proceeding before an enforcement board, or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall:

(1)

Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.

(2)

Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor.

(3)

Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding.

(4)

File a notice with the code compliance department of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five (5) days after the date of the transfer. A failure to make the disclosures described in this subsection before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

(f)

The village commission finds that aesthetics are paramount to maintaining an attractive and marketable community. The violations enumerated below severely damage the aesthetics and livability of the community immediately upon their commission. Such damage cannot be repaired or reversed. Therefore, the village commission hereby deems a violation of this section an irreparable and irreversible violation. As a result, the Village of Biscayne Park adopts supplemental and alternative code enforcement procedures pursuant to F.S. §§ 162.13 and 162.22, as amended, to authorize code compliance officers to issue administrative citations for review before the code compliance board. A code compliance officer shall have the sole discretion in determining whether to issue an administrative citation or a notice of violation for the following offenses:

(1)

Open feeding that causes a gathering of more than four (4) dogs or four (4) cats or combination thereof totaling four (4), in violation of section 3-4 of the code;

(2)

Excessive barking or howling of dogs, in violation of section 3-21 of the code;

(3)

Parking on an un-approved surface;

(4)

Garbage cans and trash receptacles not placed behind face of building and screened from view, in violation of section 6.3.2 of the Land Development Code;

(5)

Domestic trash and recycling materials placed at the property line and/or not removed under the requirements of section 6.3.3 of the Land Development Code;

(6)

Trees and garden refuse placed at the property line and/or not removed under the requirements of section 6.3.4 of the Land Development Code;

(7)

Overgrown grass in violation of section 8.4.1 of the Land Development Code;

(8)

Offensive noise, in violation of section 10-1 of the code.

In the issuance of an administrative citation, the following procedures shall be used:

(1)

For the offenses enumerated above, a code compliance officer who, upon personal investigation, has reasonable cause to believe that there is a violation, shall have the authority to issue an administrative citation to the alleged violator and/or owner of the property.

(2)

The administrative citation issued shall be in a form approved by the village manager and shall contain:

a.

The date and time of issuance.

b.

The name and address of the person to whom the administrative citation is issued.

c.

The facts constituting reasonable cause.

d.

The section of the code that is violated.

e.

The name of the code compliance officer.

f.

The procedure for the person to follow in order to pay or contest the administrative citation.

g.

The penalty, including administrative costs, if the person elects to contest the administrative citation and is found in violation.

h.

The penalty if the person elects to pay the administrative citation.

i.

A conspicuous statement that if the person fails to pay the penalty within the time allowed, or fails to appear before the code compliance board, that the person shall be deemed to have waived his or her right to contest the administrative citation and that, in such case, a final order and/or judgment may be entered against the person up to five hundred dollars ($500.00).

(3)

After issuing the administrative citation, the code compliance officer shall deposit an original with the village manager or their designee.

(4)

A person who has been served with an administrative citation may elect either to:

a.

Correct the violation immediately and pay within fourteen (14) days of service of the administrative citation the penalty in the manner indicated on the administrative citation; or

b.

Request a hearing before the code compliance board.

14.1.8

Conduct of hearing.

(a)

Upon the request of the code inspector, the chairperson of the code compliance board may call hearings of the board, and hearings may be called by written notice signed by at least three (3) members of the code compliance board. The board, at any hearing, may set a future hearing date. The board shall attempt to convene no less frequently than once every two (2) months, but it may meet more or less often as the demand necessitates. Minutes shall be kept of all hearings by the board, and all hearings and proceedings shall be open to the public. The village shall provide clerical and administrative personnel as may be reasonably required by the board for the proper performance of its duties.

(b)

Each case before the code compliance board shall be presented by the village attorney or a code compliance officer appointed by the village for that purpose.

(c)

The code compliance board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The board shall take testimony from the code compliance officer, the alleged violator, and any witnesses called. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings.

(d)

At the conclusion of the hearing, code compliance board shall issue findings of fact, based on evidence recorded and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those present and voting, except that at least three (3) members of the code compliance board must vote for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the code compliance board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

14.1.9

Powers of the code compliance board. The code compliance board shall have the power to:

(a)

Adopt rules for the conduct of its hearings.

(b)

Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the police department.

(c)

Subpoena evidence to its hearings.

(d)

Take testimony under oath.

(e)

Issue orders having the force of law commanding whatever steps are necessary to bring a violation into compliance.

14.1.10

Fines; liens.

(a)

The code compliance board, upon notification by the code compliance officer that a previous order of the board has not been complied with by the set time, or finds a person to be a repeat violator under subsection (c), may order the violator to pay a fine in an amount authorized in this chapter for each day the violation continues past the date set by the code compliance board for compliance or, in the case of a repeat violation, for each day the repeat violation continues past the date of notice to the violator of the repeat violation. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine.

(b)

Amount of fine.

(1)

The fine amount(s) are referenced in a resolution kept on file by the village clerk.

(2)

In determining the amount of the fine, if any, the code compliance board shall consider the following factors:

a.

The gravity of the violation;

b.

Any actions taken by the violator to correct the violation; and

c.

Any previous violations committed by the violator.

d.

Reduction of fine imposed pursuant to this section.

(3)

The code compliance board is hereby delegated the authority to hear requests for reduction of fines pursuant to this section and make the final decision on behalf of the village.

(4)

For all requests for reduction of fine by a property owner and/or violator, the code compliance officer shall submit a written report to the code compliance board. In formulating the recommendation, the code compliance officer shall consider criteria, which includes, but is not limited to, the following:

a.

The cooperation of the respondent, including whether the respondent had appeared before the code compliance board at the original hearing;

b.

The documentation provided in support of the request;

c.

Whether the respondent has new evidence or information, which could not be provided at the original hearing;

d.

Whether there was any extraordinary hardship, which existed or currently exists;

e.

Whether the respondent has come in compliance with the order of the code compliance board;

f.

The number of days that the violation existed;

g.

Whether the respondent has been deemed a repeat violator by the code compliance board;

h.

Whether the property is homestead or non-homestead property; and

i.

The total administrative cost to the village for the handling of the case, which cost will be inclusive of staff time and recording and release of lien fees.

(4)

The code compliance board shall consider the same criteria as the code compliance officer.

(5)

The code compliance board shall not waive administrative costs incurred by the village in enforcing its codes. In addition, the code compliance board and the administrative panel shall not waive costs of any repairs incurred by the village.

(d)

A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records of Miami-Dade County, Florida and thereafter shall constitute a lien against the land on which the violation exists, or, if the violator does not own the land, upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator but such order shall not be deemed otherwise to be a judgment of a court except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three (3) months from the filing of any such lien, which remains unpaid, the commission may authorize the village attorney to initiate court proceedings to foreclose upon the lien. No lien created pursuant to the provisions of this chapter may be foreclosed on real property, which is a homestead under the Florida Constitution, Art. X, § 4.

14.1.11

Duration of lien. No lien provided for herein shall continue for a longer period than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on the lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.

14.1.12

Appeal.

(a)

An aggrieved party, including the village, may appeal a final order of the code compliance board to the circuit court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the code compliance board.

14.1.13

Notice and procedures.

(a)

All notices required by this part shall be provided to the alleged violator by:

(1)

Certified mail, return receipt requested, provided if such notice is sent under this subsection to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the village by such owner and is returned as unclaimed or refused, notice may be provided by posting as described in subsections (b)(1) and (2) below, and by first class mail directed to the addresses furnished to the village with a properly executed proof of mailing or affidavit confirming the first class mailing; or

(2)

Hand delivery by the sheriff or other law enforcement officer, code compliance officer, or other person designated by the village; or

(3)

Leaving the notice at the violator's usual place of residence with any person residing therein who is above fifteen (15) years of age and informing such person of the contents of the notice.

(4)

In lieu of notice as described in subsection (a), such notice may be posted at least ten (10) days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two (2) locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at the village hall.

(5)

Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting.

(c)

Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a), together with proof of notice or posting as provided in subsection (b), shall be sufficient to show that the notice requirements of this chapter have been met, without regard to whether or not the alleged violator actually received such notice.

14.1.14

Enforcement procedures by code compliance officer.

(a)

For the purposes of this chapter, a "code compliance officer" is defined to be any agent or employee of the village or Miami-Dade County whose duty is to assure the enforcement of and compliance with the village code, the Florida Building Code, or Miami-Dade County Code, as applicable. Prior to being provided the authority to initiate enforcement proceedings under this chapter, a code compliance officer shall be required to successfully complete a criminal background investigation

(b)

For the purposes of this chapter, "violators" shall be deemed those persons or entities legally responsible for the violation of the village Code of Ordinances, Village Land Development Code, village ordinance, applicable provision of the Miami-Dade County Code, or the Florida Building Code ("Codes"). Each day violation of any provision of the codes or of any village ordinance shall continue shall constitute a separate offense.

(c)

A code compliance officer who finds a violation of the codes or of an ordinance shall determine a reasonable time period within which the violator must correct the violation. This determination shall be based on considerations of fairness; practicality; ease of correction; ability to correct; severity of violation; nature, extent and probability of danger or damage to the public; and other relevant factors relating to the reasonableness of the time period prescribed. A time for correction need not be specified if the violation is deemed to be an uncorrectable violation.

(d)

Service shall be effected by delivering the civil violation notice to the violator or his agent, or by leaving the civil violation notice at the violator's usual place of abode with any person residing therein who is fifteen (15) years of age or older and informing that person of its contents. If such service cannot be effected, the notice may be sent by certified mail, return receipt requested, or by posting of the civil violation notice in a conspicuous place on the premises or real property upon which the violation has been observed or by mailing to or posting the civil violation notice at the property owner's mailing address as listed in the tax records of Miami-Dade County. Such posting of the notice or violation shall be deemed proper service, and the time for compliance, stated in the notice, shall commence with the date such notice is posted.

(e)

A code compliance officer is authorized to record in the public record the civil violation notice or a notice of violation, which is based upon the civil violation notice. The recording of the civil violation or a notice of violation under this section shall not act as or be a lien on the property and shall not act as a notice of a lien on the property but shall merely act as public notice of the existence of the violation.

(f)

A code compliance officer must have, at a minimum, a Florida Association of Code Enforcement (F.A.C.E.) Level 1 certification within one (1) year of hire.

14.1.15.

No permits issued.

(a)

No building or development permit, or certificate of re-occupancy may be issued during the pendency of a code compliance proceeding involving all or a portion of the property proposed for development, unless the approved building or development permit, or certificate of re-occupancy imposes conditions on such approval requiring resolution of outstanding code violations on the subject property.

(Ord. No. 2020-02, § 3, 5-19-20)

15.1.1

Enforcement of Land Development Code. The planning board and the code compliance board shall enforce the Land Development Code.

(Ord. No. 2020-02, § 3, 5-19-20)

15.2.1

Designation. The building official shall be designated by the appointing authority, whatever the official title, to enforce the provisions of the Florida Building Code and other applicable laws; provided, the official may act with the aid and through authorized assistants, including designated code compliance officers.

15.2.2

Authority. The building official is hereby authorized and directed to interpret and enforce all of the provisions of the Florida Building Code and this code subject to the powers vested in the planning board and the code compliance board.

(Ord. No. 2020-02, § 3, 5-19-20)

15.3.1

General penalty. Whenever in this code or in any ordinance of the village any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this code or any ordinance shall be punished by a fine not to exceed five hundred dollars ($500.00), or imprisonment for a term not exceeding sixty (60) days, or by both a fine and imprisonment. Each day violation of any provision of this code or of any ordinance shall continue shall constitute a separate offense. The provisions of this code may also be enforced as provided for in chapter 14.

15.3.2

Continuation of violation. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code or any ordinance shall be deemed a public nuisance and may be, by the village, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.

(Ord. No. 2020-02, § 3, 5-19-20)

15.4.1

Civil remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained or any building, structure, land, or water is used in violation of this code, the village, through the village attorney, may institute any appropriate civil action or proceedings in any court to prevent, correct, or abate the violation.

(Ord. No. 2020-02, § 3, 5-19-20)

16.1.1

Purpose. This chapter sets out the development, building and other permits and the certificate of occupancy required by this code.

16.2.1

Development permit required. No development activity may be undertaken unless the activity is authorized by a village development permit. Except as provided in subsection 16.2.4 below, a development permit may not be issued unless the proposed development activity is authorized by a development order issued pursuant to this code.

16.2.2

Development permit description. For the purposes of this code a development permit is that official village document which authorizes the commencement of construction or land alteration without need for further application and approval. Development permits include: All types of construction permits (the building permit itself, and in addition, plumbing, electrical, foundation, mechanical permits, and so forth), septic tank permits, tree removal permits, grading and clearing permits, sign permits, etc.

16.2.3

Post-permit changes. After a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification of the permit. A modification may be applied for in the same manner as the original permit. A written record of the modification shall be entered upon the original permit and maintained in the files of the village.

16.2.4

Exceptions to requirement of a development order. A village development permit may be issued for the following development activities in the absence of a development order issued pursuant to this code. Unless otherwise specifically provided, the development activity shall conform to this code.

(a)

The construction or alteration of a one- or two-family dwelling on a lot in a valid residential sector.

(b)

The alteration of an existing building or structure so long as no change is made to its gross floor area, or its use.

(c)

The construction or alteration of an accessory structure provided all the applicable regulations of chapter 11 of this code have been met.

(d)

The erection of a sign.

(e)

The alteration, restoration, or renovation of a historic structure provided a certificate of appropriateness has been issued by the Metro-Dade Historic Preservation Board.

(f)

The removal of protected trees, provided a Metro-Dade County permit has been issued or the tree removal is exempt under subsection 8.2.4 of this code.

16.3.1

Building permits required. It shall be unlawful to construct, enlarge, alter, repair, move, remove or demolish any building, structure, or any part thereof; or any equipment, device or facility therein or thereon; or to change the occupancy of a building from one (1) use group to another requiring greater strength, means of egress, fire and sanitary provisions; or to change to an unauthorized or prohibited use; or to install or alter any equipment for which provision is made or the installation of which is regulated by the Florida Building Code; without first having filed application and obtained a permit therefor, from the building official, validated by payment thereof. Permits shall be required for the specific operations listed in the Florida Building Code.

16.3.2

Building permit exception. No permit shall be required for general maintenance or repairs which do not change the occupancy and the value of which does not exceed one hundred dollars ($100.00) in labor and material determined by the building official.

16.3.3

Form. Any qualified applicant desiring a permit to be issued by the building official as required, shall file an application therefor in writing on a form furnished by the building official for that purpose and application for permit will be accepted only from qualified applicants, as defined in the Florida Building Code.

16.3.4

Plans and specifications. All applications for building permits must be accompanied by a complete set of plans and specifications to be approved by the planning board.

16.3.5

Conditions, inspections, cleanup of site. Conditions of permit, including permit card, compliance, time limitation, revocation of permit, and in addition inspections and cleanup of site, shall all be in accordance with the provisions of the Florida Building Code.

16.3.6

Demolition permits. No demolition permit shall be issued for the demolition of an existing duplex or multifamily dwelling on a parcel, or any portion thereof, without the property owner first obtaining an approved building permit to construct a replacement dwelling on the parcel that complies with the village's Land Development Code, or in the case of partial demolitions of a duplex or multifamily dwelling, without an approved building permit to construct, enlarge, alter, repair, or restore the demolished portions.

(Ord. No. 2021-08, § 2, 8-5-21; Ord. No. 2023-01, § 2, 2-7-23)

Cross reference— Building permit fees, § 18.2.

16.4.1

Certificate of occupancy required. No building hereafter erected, altered or enlarged, nor existing building involving a change of occupancy shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the building official, certifying that he reasonably believes the building and occupancy are in accordance with the provisions of the Florida Building Code and laws applicable thereto. If the building official reasonably believes the building or part thereof complies with the provisions of all pertinent laws and regulations, he shall issue the certificate of occupancy. A certificate of occupancy for places of assembly shall indicate thereon and made record of the number of persons for which such certificate is issued.

16.4.2

Existing buildings; revocation, temporary and/or partial certificates of occupancy, connection of services. Existing buildings that do not comply with the Florida Building Code, authority to revoke a certificate of occupancy, issuance of temporary and/or partial certificate of occupancy, and conditions regarding connection of services shall all be in accordance with the provisions of the Florida Building Code.

16.4.3

Records. A record of all certificates of occupancy shall be kept on file in the office of the village clerk and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(Ord. No. 2021-10, § 5, 8-5-21)

16.5.1

Permits required. Carport permits shall be required and the applicant shall submit a plot plan and drawing showing approved construction.

Cross reference— Carports, § 11.4.

16.6.1

Permits required. No dish antenna shall be erected until a permit has been issued by the village. All applications for a permit shall be accompanied by a site plan showing the proposed location of the antenna, the type, color, height and diameter of the antenna.

Cross reference— Dish antennas, § 11.5.

16.7.1

Permits required. Permits shall be required for all walls and fences.

16.7.2

Permit approval. The planning board shall not approve any permit for a fence or wall if in its opinion the design is not suitable or compatible to the area, taking into consideration the proposed location of the fence with reference to other structures and vegetation on the lot, the color of the proposed fence and other buildings located on the lot, and other fences in the area.

16.7.3

Issuance of permit. The building official shall not issue any permit for a fence which does not comply with the structural requirements of the Florida Building Code adopted herein.

(Ord. No. 2021-10, § 5, 8-5-21)

Cross reference— Fences, walls, and hedges, § 11.6.

16.8.1

Permit required for utilities and paving in right-of-way. It shall be unlawful for any person to construct utilities or other public works or lay paving in the roads and street rights-of-way and easements located within the village without first having obtained a permit.

Cross reference— Objects in right-of-way, § 5.3.4.

16.9.1

Permit issuance condition. No building permit shall be issued for the substantial repair or reroofing of any roof except where such roofing meets all the requirements of the Florida Building Code adopted herein.

(Ord. No. 2021-10, § 5, 8-5-21)

Cross reference— Roof repair or reroofing, § 10.4.7.

16.10.1

Permit required for removal of nonexempt trees. A village tree removal permit shall be issued provided a Metro-Dade County tree removal permit has been issued previously for the same tree.

Cross reference— Tree protection, § 8.2.4.

16.11.1

Special permit required. Any truck, trailer, semitrailer, or bus in the performance of a service shall not remain parked in the public right-of-way overnight without a special permit issued by the chief of police.

Cross reference— Parking of trucks, § 5.3.3.

16.12.1

Permit required. Building permits shall be required and the applicant shall submit a plot plan and drawing showing approved construction.

Cross reference— Utility or storage sheds, § 11.7.

16.13.1

Permit required. Permits shall be required for any exterior painting and the applicant shall submit a sample of the desired paint color. Said color shall be approved or disapproved by the planning board in accordance with subsection 10.3.1. Trim color shall not exceed thirty (30) percent of the total square footage of all vertical surface areas.

(Ord. No. 283, § 8, 10-5-93)

16.14.1

Double fee. Any person beginning work before obtaining a required permit shall pay double the required permit fee.

(Ord. No. 283, § 9, 10-5-93)

16.15.1

Registration. Every owner of a dwelling is required, on an annual basis, to provide the village with the name, address and telephone number of the landlord and any other person identified as the emergency contact for the dwelling unit that is subject to being leased, subleased, rented or allowed to be occupied by another natural person or entity, unrelated to the owner, whether or not for consideration for a period of one (1) calendar month or more. The registration shall be in a format approved by the village. In the event that the landlord's or emergency contact person's contact information changes, the property owner shall provide the village with the new contact information within fifteen (15) days of such change.

(1)

If the landlord is a corporation or partnership, the owner shall provide the full name and address of the corporation or partnership, the articles of incorporation and the state of incorporation.

(2)

The emergency contact person shall be a natural person eighteen (18) years of age or older who can be contacted twenty-four (24) hours a day, seven (7) days a week, regarding the rental unit. A contact person may be the owner, the owner's agent, the landlord or any other natural person, other than a resident of the rental unit, who has agreed to be the emergency contact person.

(3)

All premises regulated by the state must submit a copy of their current state license, certificate, and/or registration at the time of registering the dwelling unit with the village and thereafter each year at the time of the registration renewal.

16.15.2

Landlord registration required. It is hereby deemed unlawful for any person to lease, sublease, rent or allow the occupancy of any dwelling or dwelling unit for the purpose of tenancy, whether or not for consideration, for a period of one (1) calendar month or more, without first registering the dwelling unit as provided in this section.

16.15.3

Fees.

(a)

A registration fee shall be charged for processing the registration and maintaining a list of owners, landlords and contact persons. The registration fee shall be established by separate resolution.

(b)

The village manager shall collect all registration fees due and owing to the village.

16.15.4

Failure to register. If the village manager or designee has reasonable cause to believe that a dwelling unit is being leased, subleased, rented or occupied without first registering with the village as required in this section the owner of the property shall be given notice that a registration is required and that the registration must be submitted to the village within thirty (30) days of the notice. If the registration is not received on the due date, the owner may be cited for violation of this section and if cited proceedings may be brought before the code enforcement board, in accordance with chapter 14 of this code.

(Ord. No. 2024-06, § 2, 10-1-24)

Editor's note— Ord. No. 2024-06, § 2, adopted Oct. 1, 2024, repealed the former § 16.15 and enacted a new § 16.15 as set out herein. The former § 16.15 pertained to landlord permits and derived from Ord. No. 2006-13, § 2, adopted Jan. 9, 2007; Ord. No. 2009-1, § 2, adopted Feb. 3, 2009; Ord. No. 2014-08, § 4, adopted Oct. 7, 2014; Ord. No. 2016-02, § 2, adopted April 5, 2016; and Ord. No. 2022-03, § 2, adopted March 1, 2022.

16.16.1

[Requirements.]

(a)

It shall be unlawful for any person to buy, sell, convey or otherwise transfer title to any residential dwelling without first obtaining a re-occupancy certificate issued by the building official, code compliance director or designee. The certificate of re-occupancy, if issued, shall state that the village has inspected the dwelling and determined that the dwelling complies with the residential occupancy regulations of the zoning district on the property wherein the dwelling unit is located. In all one-family dwelling residences zoning districts, a certificate of re-occupancy shall not be issued for the presence or existence of more than one (1) dwelling or residence. In all two-family dwelling residences zoning districts, a certificate of re-occupancy will not be issued for the presence or existence of three (3) or more dwellings or residences. The provisions of this section shall not apply to the sale, conveyance or transfer of title of a new dwelling or residence that has never been occupied and that represents the first transaction since the issuance of the original certificate of occupancy.

(b)

It shall be unlawful for any person to sell, convey or transfer title to any residential dwelling unit owned by such person without first disclosing by written notice to the buyer, grantee or transferee the fact that a certificate of re-occupancy is required by this section. It is required that a seller, grantor or transferor deliver to the buyer, grantee or transferee a properly signed and approved village certificate of re-occupancy prior to the sale, conveyance or transfer of title.

(c)

A seller, property owner or designated agent shall request a certificate of re-occupancy by submitting a completed application together with payment of an inspection fee as set forth by resolution and kept on file in the clerk's office. A re-inspection fee shall be paid for each re-inspection performed by the village. The re-occupancy certificate shall be effective for sixty (60) days and may be extended only one (1) time for additional sixty (60) days upon payment of a fee for the extension. Upon a real estate closing or title transfer the certificate of re-occupancy shall be recorded in the Miami-Dade County public records with the deed or other conveyance of title.

(d)

If a dwelling violates the residential occupancy regulations of the applicable zoning district, the village shall identify the violations of such regulations. Until there is compliance or correction of the violation of the residential occupancy regulations confirmed upon re-inspection, the certificate of re-occupancy will be withheld.

(e)

Under circumstances where remedial action may reasonably extend beyond the date of the sale, conveyance or transfer to complete, the village shall issue conditional certificates of re-occupancy with a compliance date set forth in the certificate. If the proposed remedial action includes correction of violations that immediately threaten the life or safety of the residents as listed in the certificate, the village shall identify such violations on the conditional certificate or occupancy. Upon compliance, the village shall issue a re-occupancy certificate.

(f)

Information gained or conditions observed in the course of any inspection conducted pursuant to the authority of this section, shall not be utilized by the code inspectors as the basis for issuing new citations or notices of violation other than violations of the residential occupancy regulations permitted by the applicable zoning district. This shall not preclude other enforcement actions brought upon the basis of information gained or violations observed by other lawful means.

(g)

The certificate of re-occupancy does not constitute any representation or warranty as to the condition or any aspect of such condition of the dwelling or other structures on the premises for which the certificate is issued. The inspection made in connection with a certificate of re-occupancy is neither a structural, electrical, plumbing, nor mechanical inspection and does not represent that the premises conform to the provision of the code, including the building and technical codes adopted by the village. Interested persons are advised and encouraged to obtain an inspection of the premises in order to determine the condition thereof.

(h)

Lien letters issued by the village clerk's office and estoppel letters issued by the water and sewers department shall provide a notice that a certificate of re-occupancy is required for real estate transactions involving the sale, conveyance or transfer of title of a residential dwelling.

(i)

A certificate of re-occupancy shall be required in connection with all applicable real estate closings and other applicable transactions that occur on or after May 1, 2004.

(Ord. No. 2005-02, § 1, 4-5-05; Ord. No. 2014-08, § 5, 10-7-14)

16.17.1

Definitions.

16.17.1.1  Groups shall be defined to mean twelve (12) or more persons.

16.17.1.2  Nonresident shall be defined to mean all persons not residing within the corporate limits of the Village of Biscayne Park, Florida.

16.17.1.3  Recreational facilities shall be defined to mean the recreational center and all parks and parcels owned or maintained by the Village of Biscayne Park which are used for recreational or competitive purposes.

16.17.2

The regulations contained in this section shall govern all unofficial groups and nonresident participation conducted at recreational facilities.

16.17.3

Other than village-sponsored sports groups and teams, groups which wish to use the village recreational facilities must secure a permit.

16.17.4

Permits for any fields or courts will be free of charge for residents of the village as long as they are not an organized group, a group of twelve (12) or more participants, a private business or are conducting a service for a fee. These types of activities will require a permit either at the recognized permit fee or rental fee depending on the activity. Nonresidents can also receive a permit for a field or court, but in all cases must pay for a permit or pay the rental fee. The issuance of a permit is at the sole discretion of the village and may be limited based on use, maintenance or other factors. Village recognized sports groups will have the first opportunity for permitting the fields or courts for practices or games.

16.17.5

The permit and/or license fee shall be set by the parks and recreational department and provided by that department consistent with an adopted policy.

(Ord. No. 2005-12, § 2, 1-10-06)

16.18.1

A home-based occupation means an accessory use of a portion of a dwelling unit as a personal office or business by a resident of the dwelling unit only. Home occupations must be secondary to the use of the dwelling for residential purposes and shall not change the character of the dwelling unit thereof. In any instance where a dwelling unit is used to conduct a home-based occupation consistent herein, a home occupational license shall be required. This applies even where a regular business license has been issued for the same business and for the same applicant at another location within or outside the boundaries of the city.

16.18.2

When permitted, a home-based occupation shall be conducted in accordance with the following provisions and with any other restrictions that are contained within the individual residential zoning district regulations:

(1)

No person other than the individuals residing in the dwelling unit shall be engaged in the home-based occupation.

(2)

Home-based occupations shall be accessory and clearly incidental to the primary residential purpose of the dwelling unit and shall not use more than twenty (20) percent of the overall living space of the dwelling unit.

(3)

Home-based occupation activity shall occur entirely within the dwelling unit. No equipment or process shall be used in any home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the premises.

(4)

No home occupation shall generate or attract unsafe, excessive or hazardous vehicular or pedestrian traffic to the dwelling unit.

(5)

No goods or services shall be dispensed, sold or distributed or provided directly from a residential dwelling except for those transmitted by telephone, computer modem, facsimile or other similar electronic means.

(6)

The total number of deliveries of any kind required by, received or sent by or made or connected with a home-based occupation at a residential dwelling shall not exceed two (2) business deliveries per day in addition to regular U.S. Postal Service.

(7)

No employees or independent contractors of any kind, excluding service and regular repair visits, shall be permitted at the dwelling unit at any time in connection with the home-based occupation.

(8)

No signs of any kind indicating the presence of a home-based occupation shall be located on or about the residential dwelling or property.

(9)

The operation of a home-based occupation shall not cause any increase in parking at the residential dwelling or vehicular traffic to and from the residential dwelling.

(10)

A home-based occupation office which does not satisfy all of the above standards at all times during its operation shall be prohibited and no license shall be issued to any applicant whose business operation violates said standards.

16.18.3

All home-based occupations shall be required to obtain and maintain an occupational license from the village and pay an applicable fee as provided by resolution.

16.18.4

The code enforcement division may inspect the property to ensure compliance with this chapter, consistent with F.S. Ch. 166.

16.18.5

No home-based occupation license issued pursuant to this section shall be transferable, assignable or otherwise alienable.

(Ord. No. 2007-4, § 2, 5-15-07; Ord. No. 2014-08, § 6, 10-7-1)

16.19.1

Definition of contractor. Contractor means any person who engages in the business under express or implied contract, in any of the trades, or who undertakes or offers to undertake or purports to have the capacity to undertake, or submits a bid to, or does himself or by or through others, engage in the business of doing a trade. An owner-builder or a person who only furnishes material, supplies or equipment without fabricating them into or consuming the min performance of the work of a contractor, or any person who engages in the activities regulated in this section as an employee with wages as his sole compensation, shall not be considered as a contractor. The term "contractor" applies to those construction trades regulated pursuant to chapter 10 of the Miami-Dade County Code.

16.19.2

Registration. All contractors performing work within the municipal boundaries of the village, or who have made application for building permits from the village, shall be required to register annually with the village. All such contractors shall register with the building division prior to application for a building permit. Requirements for registration shall be as follows:

(1)

The contractor must provide each of the items listed in this subsection. Such contractor must personally appear at the building division for the purpose of registration:

a.

A current certificate of competency.

b.

A current liability and workers' compensation certificate of insurance, addressed to the village.

c.

If licensed by Miami-Dade County, both a state registration and Miami-Dade County registration are required or a current state certificate (if state-certified contractor).

d.

A current occupational license from the area of primary business. If county-licensed, he/she must also provide a municipal occupational license.

(2)

All building permits must be signed by the contractor or qualifier for the contractor and be notarized. At the qualifier's option, he/she may, at the time of registration, provide a list of employees who are authorized to pick up building permits on their behalf.

(3)

If the building official deems necessary, the contractor or qualifier for the contractor must appear at all building inspections, sign for all building permits and appear at any and all times required. Failure to appear will result in all privileges to engage in contracting in the village being subject to revocation.

(4)

The fee for this registration shall be set by resolution and kept on file in the clerk's office. The fee component of registration shall not be applicable in those instances where preempted by F.S. § 205.065.

(Ord. No. 2006-12, § 2, 12-5-06; Ord. No. 2014-08, § 7, 10-7-14)

17.1.1

A listing of all fees and bonds required and charges that may be made by the village are set by resolution and kept on file in the clerk's office.

(Ord. No. 2015-02, § 3, 5-5-15)

17.2.1

Permit fees established. The village shall charge and collect permit fees for building, plumbing, electrical, mechanical work and for work in the public rights-of-way at the rates listed in the fee schedule on file in the village clerk's office and made a part hereof and no work shall be commenced until the fees have been paid.

(Ord. No. 2015-02, § 3, 5-5-15)

Cross reference— Building permits, § 16.3.

17.3.1

Cash bond required. No political campaign signs shall be placed until the candidate has posted a cash bond with the village clerk. The cash bond amount shall be set forth in a separate resolution and kept on file in the clerk's office. The bond shall be refunded after the election, provided a village inspection verified that all the candidate's signs have been removed.

17.3.2

Bond not required for certain signs. The requirement of section 17.3.1 above, does not apply to signs as [on] car tops or bumper stickers affixed to or placed in licensed operable motor vehicles.

(Ord. No. 2015-02, § 3, 5-5-15)

Cross reference— Campaign signs, § 12.3.

(a)

Residential units include all residential properties within the village except for buildings containing six (6) or more contiguous dwelling units are to receive solid waste services from the village. Six (6) or more contiguous dwelling units are to contract with a county approved contractor.

(b)

The assessed properties are hereby found to be specially benefitted by the provision of the solid waste collection services.

(c)

The amount of the assessment shall be determined annually consistent with the requirements of the Miami-Dade County Property Appraiser and Florida law.

(d)

The solid waste management fee assessment shall constitute a lien upon the real property, so assessed equal in rank and dignity with the liens of all state, county, district and municipal taxes and other non-ad valorem assessment.

(Ord. No. 2015-02, § 3, 5-5-15)

(a)

All residential units within the village are subject to this special assessment.

(b)

The assessed properties are hereby found to be specially benefitted by the provision of the stormwater repair/improvements assessment.

(c)

The amount of the assessment shall be determined annually consistent with the requirements of the Miami-Dade County Property Appraiser and Florida law.

(d)

The stormwater repair/improvements assessment shall constitute a lien upon the real property so assessed equal in rate and dignity with the liens of all state, county, district and municipal taxes and other non-ad valorem assessments.

(Ord. No. 2015-02, § 3, 5-5-15)

(a)

All residential units within the village are subject to this special assessment.

(b)

The assessed properties are hereby found to be specially benefitted by the provision of the roadway repair/improvements assessment.

(d)

The amount of the assessment shall be determined annually consistent with the requirements of the Miami-Dade County Property Appraiser and Florida law.

(e)

The roadway repair/improvements assessment shall constitute a lien upon the real property so assessed equal in rate and dignity with the liens of all state, county, district and municipal taxes and other non-ad valorem assessments.

(Ord. No. 2015-02, § 3, 5-5-15)

17.7.1

Fees. All standards and permit fees regarding public rights-of-way shall be on file in the clerk's office.

(Ord. No. 2015-02, § 3, 5-5-15)

Cross reference— Rights-of-way, § 5.3.

The fee schedule for all planning, zoning and public hearing applications of the Miami-Dade County Code as adopted by the Village of Biscayne Park.

(a)

The fee schedule for all planning, zoning and public hearing development order applications pursuant to the village's Land Development Code, and pursuant to F.S. § 163.3184, and F.S. § 166.041, (comprehensive plan amendment process) submitted directly to the Village of Biscayne Park shall be in accordance with the fee schedule provided by separate resolution and kept on file in the clerk's office.

(b)

The fee schedule for all planning, zoning and public hearings shall be submitted directly to the Village of Biscayne Park in accordance with the fee schedule provided by separate resolution and kept on file in the clerk's office.

(c)

All checks shall be made payable to the "Village of Biscayne Park."

(d)

All fee schedules established by the village's building department and all other fees other than those described in the resolution kept on file in the clerk's office shall remain in effect in the village until specifically repealed.

17.8.1

Zoning applications.

(a)

Public hearings and administrative modifications. Every application for a zoning change or other zoning application, where a public hearing is required to be held and for every application where notices and advertisement are required, there shall be paid a minimum fee as set forth in the resolution kept on file in the clerk's office.

(b)

Revisions to public hearing plans. Submittal of the first revised plan will be processed at no additional cost to the applicant. Subsequent revisions will be processed at an additional charge as set forth by resolution kept on file in the clerk's office and shall be paid in total at the time of submittal.

Only one (1) fee shall be assessed; should an application involve two (2) or more adjustments of a different category, the greater shall apply.

17.8.2

General information.

(a)

Application fees. All applications fees shall be paid in total, at the time of filing of an application, and no fee shall be credited or refunded except when adjustment is warranted or deemed necessary due to departmental error. A refund of fifty (50) percent of an original application fee may be refunded upon the withdrawal of an application when the written request for withdrawal is received within thirty (30) days of the date of application.

(b)

Mailing fees; notices. In addition to the zoning fees set by separate resolution, items requiring notice shall be assessed a fee for each notice required to be mailed in accordance with the village's Code. These fees shall be assessed for every occasion on which notices are mailed.

(c)

Processing costs will be charged equal to actual staff time and related costs for matters which involve research, including review of legal agreements. A minimum fee shall be charged.

(d)

Preparation of special studies or reports. For special studies or reports that are not prepared as part of the regular work program of the village and are found by the village to be necessary to prepare recommendations related to planning and zoning applications, the applicant shall pay the actual cost incurred for any such required professional services. Specifically, the village shall charge the applicant the direct cost of review by employed/hired consultants and professionals, engineers, planners, legal, technical or environmental consultants deemed reasonably necessary by the village to review any application. Charges shall be in accord with the hourly rate charges by such employed professionals or consultants. The applicant shall reimburse the village for the cost of such upon submission of an invoice within thirty (30) days. Failure to make payment shall result in a discontinuance of review/processing of an application; or rescinding of the final development order for failure to comply with a material condition to the approval.

(e)

Re-advertisement and re-notification for deferred or remanded hearing applications. For each and every zoning hearing application that is deferred or remanded to a date not yet advertised, a fee shall be paid based on the actual cost of re-advertisement and re-notification.

(f)

Late payment charges on unpaid amounts. Billing covered by contracts, agreements or other formal arrangements for services rendered by the department are due within forty-five (45) days from the date of the invoice. Full payment of the account balance must be received by the past due date set forth on the invoice. A monthly late payment charge will be assessed on any outstanding balance at the rate of ten (10) percent thereafter, until payment is received in full.

(Ord. No. 2015-02, § 3, 5-5-15; Ord. No. 2023-09, § 6, 8-8-23)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Construction dumpster mean any container, receptacle, compactor unit, trailer, roll-off, or similar unit with or without wheels that is used for temporary storage, containment, or transport of construction and demolition debris, which includes rock, metal and other materials which are heavy in weight or substantial in size, used in connection with a construction and/or demolition project.

Construction fence means a temporary chain-link fence erected along the perimeter of a construction site as more specifically provided under this chapter.

Construction site includes all sites where new construction, remodeling, or additions take place, other than exclusively interior work. For purposes of this chapter, the storage and presence of construction materials and equipment on a property other than where new construction, remodeling, or additions take place, shall also be deemed a construction site. Work performed on any of the following shall not be considered a construction site for purposes of this chapter: driveways, windows, roofs, doors, paint, or any such work deemed by the village building official to be of such minor nature as to not fall within the purview of this chapter.

Construction vehicle(s) shall include, but not be limited to, the following: semi-trucks, semi-trailers, truck cabs, excavators, backhoes, bulldozers, dump trucks, cement mixers, cranes, power shovels, well drillers, buses, wreckers, tow trucks, tractor crane, and any similar vehicle.

Litter shall include, without limitation, all rubbish, refuse, waste material, garbage, including, but not limited to, the following; waste composed or animal, fish, fowl fruit or vegetable matter, dead animals, putrescible and non-putrescible solid waste (except body wastes), glass, cans bottles, discarded or abandoned machinery, equipment or parts thereof, discarded or abandoned motor vehicles or parts thereof, parts of broken furniture, furniture not designed for outdoor use, stoves or other appliances and industrial wastes.

Secure, in reference to items, includes fastening down or removing all hazardous objects such as construction shacks, temporary toilets, roofing materials, building materials, trash, forms, insecure structures, temporary electric service poles, and protection of exposed glass areas with storm shutters. The term "secure," as applied to site access, includes protecting the construction site, during the hours as prescribed herein, by way of a locked fence surrounding the perimeter of the site and/or the provision of a security guard.

Solid waste means garbage, trash, yard trash (except for compost piles), litter, cuttings from vegetation, refuse, paper, bottles, rags, hazardous waste, construction and demolition debris, industrial waste, or other discarded materials, including domestic and commercial building material waste, as further defined in section 2.2.22 of the Biscayne Park Land Development Code.

(Ord. No. 2020-07, § 2, 1-5-21; Ord. No. 2023-08, § 2, 8-8-23)

This chapter shall only apply to construction activities. For the purposes of this chapter, the village finds and determines that the property owner of a construction site has an obligation to know whether conditions created or maintained on his or her property violates this chapter, and therefore is deemed to have actual or constructive knowledge of any such violation. The property owner has a legal duty to determine whether conditions created or maintained on his or her property violate this chapter, and to correct such violations, even if such violations were created by an occupant, user, contractor, or other third party. Failure to correct such violations may result in the penalties set forth in section 18.11.

(Ord. No. 2020-07, § 2, 1-5-21)

18.3.1

The owner, occupant or user of a construction site shall not engage in any activity which poses a danger to persons located on or off the construction site, from debris, materials or activities carried on at the construction site, and shall take necessary precautions to secure the same. A contractor engaging in work at a site or obtaining a building permit for a construction site constitutes a "user" of a site.

18.3.2

The owner, occupant or user of a construction site shall secure the site from unauthorized access during the hours in which construction activity is prohibited or when no workers are present, by the use of a locked fence and/or security guard, unless an extension of hours is obtained to perform construction activities during prohibited hours in accordance with [section] 18.4.

18.3.3

The owner, occupant or user of a construction site shall provide access to village representatives for the purpose of performing inspections as necessary.

18.3.4

The owner, occupant or user of a construction site shall complete job site maintenance, on a daily basis, prior to the conclusion of each day's work. Daily job site maintenance shall include the following:

18.3.4.1

Sweeping and raking of public roadways, medians, and other public property, which are directly affected by construction site dust, debris or activities.

18.3.4.2

Pickup and disposal of litter at or generated by the construction site.

18.3.4.3

Washing down of any street signs or public property which are impacted by dust or debris from the construction site activity.

18.3.4.4

Stacking of materials and equipment which are visible from a public right-of-way in an orderly appearance.

18.3.4.5

Stacking of construction materials in a manner which assures that the materials and material packaging shall not fall or be transported into any canals, lakes, drainage facilities or other water bodies in the vicinity of the site.

18.3.4.6

Watering of exposed loose earth at the site so as to minimize off-site transport of particulate matter. In so doing, any run-off that is generated from said watering must be contained within the site.

18.3.5

All construction sites shall have a protected entrance/exit from the site such that no mud, debris, concrete waste, nor any other material is carried off of the site onto sidewalks or streets by trucks, equipment, or any other method.

18.3.6

All existing swimming pools located within a construction site shall be separately fenced with a safety barrier of minimum four (4) feet in height, secured by a lock or a latch.

18.3.7

If the premises or property within the construction site is unoccupied, the swimming pool shall either (1) be maintained so that the pool water meets the water clarity standard which requires clear visibility from the water's surface to the pool bottom or (2) be drained and free of standing water with a wood cover, installed in such a manner so that water may not enter into the pool and collect at the bottom, until such time as the certificate of occupancy is issued. The pool cover described herein shall be maintained in good repair and free of standing water.

18.3.7.1

Upon complaint, if the code compliance officer finds and determines that a swimming pool within the village does not meet the standard set out in section 18.3.7 above, the code compliance officer shall notify the property owner in the manner prescribed for notice pursuant to chapter 14 of this code. Such notice shall demand that the property owner cause the condition to be remedied.

18.3.7.2

In addition to the notice, the code compliance officer shall cause to be posted in a conspicuous place upon the property, a notice to serve as warning that a swimming pool hazard exists.

18.3.7.3

Should such owner fail to remedy the condition, the building official shall have the power to declare such swimming pool a hazard to the health, safety, and welfare of the citizens of the village and shall be authorized to abate the condition by boarding, or taking any other action necessary to correct the hazard and the reasonable costs thereof shall be a lien against the property upon which such swimming pool is located. Such lien shall be handled and collected in the manner prescribed for the collection of liens pursuant to this code.

18.3.8

Before final approval of any building or structure constructed or any other work for which a permit has been issued, the building official shall require that all solid waste be removed from the construction site. Onsite burial of solid waste shall be strictly prohibited.

18.3.9

In the event there has been damage to public property caused by a permit holder, the building official shall refuse to make final inspection and shall notify the permit holder to correct the damaged condition within five (5) days. Failure to comply with such notice after such period of five (5) days, shall result in the issuance of a code violation, the building official may issue a stop work order, and the village may have the public property repaired or restored, and shall thereafter notify a code compliance officer, who shall institute the necessary action to have the repair costs placed as a lien against the property in relation to which the permit was issued. The decision to undertake such repairs or restoration is within the discretion of the building official, and neither he nor the village or its officials or employees shall be liable for the decision of whether to undertake such action nor the manner in which it is performed.

(Ord. No. 2020-07, § 2, 1-5-21; Ord. No. 2021-07, § 3, 9-7-21; Ord. No. 2023-08, § 2, 8-8-23)

18.4.1

The erection (including excavation), demolition, alteration or repair of any building or delivery of materials other than at the following times is prohibited:

18.4.1.1

Monday through Friday, 8:00 a.m. to 6:00 p.m.

18.4.1.2

Saturday, 9:00 a.m. to 6:00 p.m.

18.4.1.3

Federal Holidays, 11:00 a.m. to 5:00 p.m.

18.4.1.4

No work may be conducted on Sundays.

18.4.2

Permit for work during prohibited hours. Any person may apply to the building official for a permit to operate during the hours or days prohibited under this section. If the building official or his designee shall determine that substantial loss or substantial inconvenience would result to any party in interest, and that the public health and safety will not be impaired by such operation, a permit may be issued which would allow work to occur during hours or days otherwise prohibited by this subsection. Notice of permit approval shall be provided by the village to adjacent property owners. The permit shall not exceed (3) three days in duration, but may be renewed from time to time for a like period so long as the circumstances described in this subsection exist.

18.4.3

Emergency and special types of construction. Where ordinary and necessary trade or engineering practices or an emergency require the continuous operation of pumps, well points, dredges, draglines and other machinery of a like nature during the otherwise prohibited hours, a permit shall be required and such operation shall not constitute a violation of this subsection. It is not the intent of this subsection to require poor or wasteful engineering or building practices in order to comply herewith.

(Ord. No. 2020-07, § 2, 1-5-21)

18.5.1

All construction sites shall be enclosed with a temporary construction fence, which shall be installed prior to commencement of any construction activity or material deliveries. The temporary construction fence shall be installed on the front, side, and rear property lines, but in no event shall said fence encroach into the right-of-way. This section shall not be construed to require the erection of a temporary construction fence along the same property lines wherein an existing permanent fence already exists that meets the minimum requirements of a construction fence as provided herein.

18.5.2

Permit required. No person or entity shall install or construct a temporary construction fence in the village without first obtaining a permit from the village's building department following the approval by the planning board. Each fence constructed or maintained shall be constructed and anchored in accordance with the Florida Building Code. Under no circumstance can a temporary construction fence permit be issued until a demolition permit and/or building permit is approved for the site by the village's building department, following the approval by the planning board.

18.5.3

Minimum height. The temporary construction fence shall have a height of six (6) feet.

18.5.4

Fencing material and maintenance. The fence shall be chain-link, covered with green or black nylon material, screening the construction from view. Screening material must be maintained in good repair, free of tears, sagging, or weathering.

18.5.5

Expiration of permit. A temporary construction fence permit issued under this chapter shall expire after six (6) months, which will be subject to renewal at the discretion of the village building official, following a recommendation from the planning board. If the temporary construction fence permit expires, said fence shall be removed within fifteen (15) days of expiration. In no event shall the temporary construction fence permit remain open past the issuance of a certificate of occupancy. The temporary fence shall remain on the property until the completion of construction, provided that it shall be removed in accordance with the Florida Building Code.

18.5.6

Access gates. All temporary construction fences shall contain access gates. Access gates must be provided at the front of the property. Gates must be kept unlocked during inspection hours, as may be established by the building department, and secured in conformance with section 18.2.2.

(Ord. No. 2020-07, § 2, 1-5-21)

18.6.1

All construction dumpsters shall meet the following requirements and be maintained in the following manner:

18.6.1.1

Containment of garbage. Garbage and trash shall be placed inside the construction dumpster and not on or around the construction dumpster or the enclosure. Loose garbage and trash in plain view is a violation of this code, a health hazard, and aesthetically undesirable. The property owner shall be responsible for keeping the enclosure and surrounding area litter, garbage, and/or trash-free at all times.

18.6.1.2

It shall be a violation of the village's code of ordinances to allow the construction dumpster to be filled to over-capacity.

18.6.1.3

All construction dumpsters must be screened from public rights-of-way with a six-foot-high fence as approved by the building official. A construction fence that screens the construction dumpster as set forth in this section shall be deemed to meet the requirements of this section. The construction dumpster shall not be visible from the public's view or from adjoining rights-of-way or properties.

18.6.1.4

Prior to a certificate of occupancy or closure of any building permit being issued, the construction dumpster shall be removed from the construction site.

(Ord. No. 2020-07, § 2, 1-5-21)

18.7.1

It is the responsibility of the owner and contractor to have removed or secured construction materials from the construction site at least forty-eight (48) hours prior to the predicted landfall of a tropical storm or hurricane.

18.7.1.1

Applicability. At least forty-eight (48) hours prior to the predicted landfall of a tropical storm or hurricane for any portion of Miami Dade County Florida, as determined by the National Weather Service, National Hurricane Center or appropriate weather agency or as provided in the village's emergency plan; or upon order of the building official in anticipation of a storm emergency; all construction materials, including roof tiles, on all project sites within the village shall be secured and stored onsite in a safe manner or removed so that no material can become a safety hazard with hurricane or tropical storm force winds.

18.7.1.2

Notice. Media broadcasts or notices issued by the National Weather Service or National Hurricane Center of an approaching tropical storm or a hurricane is hereby deemed notice to the owner or contractor. The owner and contractor are responsible for the project site by securing on-site or removing from the site any construction materials or debris to protect against the effect of hurricane or tropical storm force winds. By holding a building permit during hurricane season, the contractor shall monitor the National Weather Service and the National Hurricane Center for weather emergencies.

18.7.1.3

Inspection. A pre-storm inspection shall be required for all active construction sites involving exterior work and/or exterior storage of materials. The owner and contractor shall be responsible for insuring that the construction site has passed inspection prior to the issuance of a tropical storm warning or hurricane warning. The owner or contractor shall be available by phone until the site has passed the pre-storm inspection. Failure to properly secure a job site and pass inspection will be considered a violation of this chapter. The village may recover as costs of repairs or compliance, the costs associated with securing job sites that have not complied with this section in addition to any fines imposed by the code compliance board. And such costs shall constitute a lien on the property.

18.7.1.4

Materials stockpiled on site. Materials stockpiled on any construction site shall be handled as follows:

18.7.1.4.1

Band construction materials together and fasten them to the structure in such a manner to prevent the material from becoming airborne during a tropical storm or hurricane; or

18.7.1.4.2

Remove construction materials from the top of the structure and secure them to the ground; or

18.7.1.4.3

Remove construction materials from the project site; or

18.7.1.4.4

Store construction materials inside a structure if said structure is secure from tropical or hurricane force wind loads.

18.7.1.5

The contents of construction site dumpsters must be removed or weighted and secured with rope, mesh or other durable, wind resistant material.

18.7.1.6

Temporary toilets shall be secured to the structure, dumpster or emptied and laid horizontal and secured to the ground.

18.7.1.7

During the National Weather Service designated hurricane season, building or roofing materials shall not be loaded on a roof earlier than ten (10) working days prior to the permanent installation of the materials.

18.7.1.8

Material capable of becoming airborne. Construction materials, debris or any material capable of becoming airborne shall remain secured and stored on the project site or shall be removed from the project site until the National Weather Service, National Hurricane Center, or the village through local action has removed all portions of the village from those areas included in a tropical storm warning or hurricane warning.

(Ord. No. 2020-07, § 2, 1-5-21)

18.8.1

All temporary toilets shall be kept in a place easily accessible to authorized collection vehicles at all times, and follow the required setback as outlined below.

18.8.1.1

All temporary toilets shall be located a minimum of ten (10) feet from adjoining residential or multiple-family uses, unless not physically possible;

18.8.1.2

All temporary toilets must be screened from public rights-of-way with a minimum six-foot-high fence and plywood structure as approved by the building official. The fence shall be chain-link, covered with green or black nylon material, screening the temporary toilet from view. Screening material must be maintained in good repair, free of tears, sagging, or weathering. The temporary toilets shall not be visible from the public's view or from adjoining rights-of-way or properties.

(Ord. No. 2020-07, § 2, 1-5-21; Ord. No. 2023-08, § 2, 8-8-23)

18.9.1

Parking of any construction vehicles or construction employee vehicles shall either be on the construction site as defined herein, or at a public parking lot or along a public street where parking is permitted. Parking at any other site, including adjacent rights-of-way, is strictly prohibited unless permitted by the village or abutting property owner in writing.

18.9.2

Parking of any construction employee vehicle shall not be permitted on the construction site during the hours in which construction activity is prohibited.

18.9.3

All construction vehicles, trucks, and heavy equipment shall be removed from the construction site at the end of each work day; provided, heavy construction equipment may remain on the job site overnight if the building official determines that the public health and safety will not be impaired and that substantial loss or hardship will result to the owner or contractor if such heavy construction equipment is required to be removed from the job site on a daily basis. Prior to storing any heavy construction equipment on a construction site at the end of a work day, an owner or contractor must file an application for and obtain a permit from the village permitting such storage. The application shall set forth the reason(s) for the request to allow the heavy construction equipment to remain on the job site, the estimated period of time that such storage will be necessary, and a statement executed by the owner or contractor agreeing to remove the heavy construction equipment from the job site prior to the expiration of the permit. Any fine levied by a citation issued for a violation of this section shall be paid prior to final inspections or issuance of a certificate of occupancy. For purposes of this section, heavy construction equipment means cranes, bulldozers, track vehicles, or other similar heavy equipment or vehicles used in the construction or demolition process.

18.9.4.

The parking of any construction vehicles or construction employee vehicles shall be strictly prohibited in medians.

(Ord. No. 2020-07, § 2, 1-5-21)

Editor's note— Ord. No. 2023-08, § 2, adopted Aug. 8, 2023, repealed § 18.10, which pertained to bond requirements and derived from Ord. No. 2020-07, § 2, adopted Jan. 5, 2021.

18.11.1

Failure to strictly comply with any provision of this article shall result in a fine of two hundred fifty dollars ($250.00) per day.

18.11.2

Violations of this chapter shall be enforced in accordance with chapter 14 of the Biscayne Park Land Development Code. If during the course of a construction project, a property has acquired three (3) or more violations for conditions or actions deemed to be in contravention of the provisions of this chapter, the building official may issue a stop work order. The stop work order shall be in writing and shall be delivered to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, cite the work to be ceased and the conditions under which the cited work will be permitted to resume. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work.

(Ord. No. 2020-07, § 2, 1-5-21)

19.1.1

Purpose. The purpose of the vacation rental program is to promote public health, safety, welfare and convenience through regulations and standards for short-term vacation rental properties by providing:

(a)

For a vacation rental license;

(b)

For safety and operational requirements;

(c)

For parking standards;

(d)

For solid waste handling and containment;

(e)

For licensure requiring posting of vacation rental information; and

(f)

For administration, penalties and enforcement.

19.1.2

Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Habitable room means a room or enclosed floor space used or intended to be used for living or sleeping purposes, excluding kitchens, bathrooms, shower rooms, water closet compartments, laundries, pantries, foyers, connecting corridors, closets, storage space, halls, screen enclosures, sunrooms, garages, offices, and dining rooms.

Hosted rental means any transient lodging establishment in which the owner resides at the establishment while it is being rented.

Occupant means any person who occupies, either during the day or overnight, a vacation rental.

Transient public lodging establishment means any unit, group of units, dwelling, building or group of buildings within a single complex of buildings, any habitable room(s) or hosted rental, which is rented to guests more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. Recreational vehicles and trailers in the form of travel and camping trailers, transport trailers and motor travel homes, designed and used as temporary living quarters for recreation or travel use may not be utilized as a transient public lodging establishment.

Vacation rental means any individually or collectively owned single- or multi-family house or dwelling unit that is also a transient public lodging establishment and is located in the village.

Vacation rental representative means a vacation rental property owner, or his/her authorized designee, as identified in the application for a village vacation rental license.

Village means Village of Biscayne Park, Florida, as geographically described in its Charter.

19.1.3

License required.

(a)

After April 1, 2022, an active vacation rental license shall be required to operate a vacation rental within the village. A separate vacation rental license shall be required for each vacation rental, as defined in section 19.1.2.

(b)

The advertising or advertisement for the rental of an unlicensed single-family or multi-family house or dwelling unit, for periods of time less than 30 days or one (1) calendar month, is direct evidence of offering a property for rent as a vacation rental in violation of subsection 19.1.3(a) and the advertising or advertisement is admissible in any enforcement proceeding. The advertising or advertisement evidence raises a rebuttable presumption that the residential property named in the notice of violation or any other report or as identified in the advertising or advertisement was used in violation of subsection 19.1.3(a).

19.1.4

Application for vacation rental license.

(a)

A property owner seeking initial issuance of a vacation rental license, or the renewal, or modification of a vacation rental license, shall submit to the village a completed vacation rental license application in a form promulgated by the village, together with an application fee in an amount set by resolution of the village commission.

(b)

A complete application for the initial issuance, or renewal, or modification, of a vacation rental license shall demonstrate compliance with the standards and requirements set forth in this chapter through the following submittals:

(1)

A completed vacation rental license application form, which must identify: the property owner, address of the vacation rental, vacation rental representative, as well as the phone number and address of the vacation rental representative.

(2)

Payment of applicable fees.

(3)

A copy of the vacation rental's current and active license as a transient public lodging establishment with the Florida Department of Business and Professional Regulation.

(4)

A copy of the vacation rental's current and active certificate of registration with the Florida Department of Revenue for the purposes of collecting and remitting sales surtaxes, transient rental taxes, and any other taxes required by law to be remitted to the Florida Department of Revenue, if required by State law.

(5)

Evidence of the vacation rental's current and active account with the Miami-Dade County Tax Collector for the purposes of collecting and remitting tourist and convention development taxes and any other taxes required by law to be remitted to the Miami-Dade County Tax Collector, if required to open and hold an active account pursuant to applicable law. In the event applicant is not required to open and hold an active account as described above, the applicant shall provide the village with proof of an agreement with a third party short-term rental service or entity.

(6)

Interior building sketch by floor. A computer generated building sketch by floor shall be provided, showing a floor layout and demonstrating compliance with the standards and requirements set forth in this chapter. The sketch provided shall be drawn to scale, and shall show and identify all bedrooms, other rooms, exits, hallways, stairways, smoke and carbon monoxide detectors, swimming pools, fire extinguishers and exit signage/lighting.

(7)

A sketch showing the number and the location of all on-site parking spaces for the vacation rental.

(8)

Acknowledgement that each habitable room shall be equipped with an approved listed single-station smoke and carbon monoxide detectors meeting the minimum requirements of the NFPA.

(9)

A section indicating the maximum number of occupants the vacation rental can accommodate.

(10)

A copy of the generic form vacation rental/lease agreement to be used when contracting with transient occupants and guests.

(11)

The phone number for the landline inside the vacation rental.

(c)

Incomplete applications will not be accepted, but will be returned with any fees submitted to the property owner with a notation of what items are missing.

(d)

Vacation rental license applications shall be sworn to under penalty of perjury. Any false statements in an application shall be a basis for the revocation of any license issued pursuant to such application.

(e)

All vacation rental license applications that are not signed by the property owner must be accompanied by a signed and notarized letter providing the consent of the property owner for the application, with acknowledgement that the village may impose a citation and fine the property for violations of this chapter, as well as pursue all other available remedies which may include injunction relief, abatement of public nuisance, liens, imprisonment and other penalties as provided by law.

19.1.5

Modification of vacation rental license. An application for modification of a vacation rental license shall be required in the event that any of the following changes to the vacation rental are proposed:

(a)

Any modification in the gross square footage.

(b)

Any modification in the number of bedrooms.

(c)

Any modification in the maximum occupancy.

(d)

Any modification in the number of parking spaces, or a change in the location of parking spaces.

(e)

Any modification in the number of bathrooms.

(f)

Any other material modifications that would increase the intensity of use.

19.1.6

Duration of vacation rental license. The vacation rental license shall expire each September 30, and may be annually renewed thereafter if the property is in compliance with this chapter.

19.1.7

Renewal of vacation rental license. A property owner must apply annually for a renewal of the vacation rental license no later than sixty (60) days prior to its expiration.

19.1.8

Licenses non-transferable, non-assignable. Vacation rental licenses are non-transferable and non-assignable. If the ownership of any vacation rental is sold or otherwise transferred, any outstanding vacation rental license as to that vacation rental shall be null and void upon the sale or transfer.

19.1.9

Duties of vacation rental representative. Every vacation rental representative shall:

(a)

Be available by landline or mobile telephone answered by the vacation rental representative at the listed phone number twenty-four-hours a day, seven (7) days a week to handle any problems arising from the vacation rental;

(b)

Be willing and able to be physically present at the vacation rental within sixty (60) minutes following notification from a vacation rental occupant, law enforcement officer, emergency personnel, or the village for issues related to the vacation rental, and shall actually be physically present at that location in that time frame when requested;

(c)

Conduct an on-site inspection of the vacation rental at the end of each rental period to assure continued compliance with the requirements of this chapter; and

(d)

Make available to the village at any time requested a registration log with all lessees' contact information and permanent address.

19.1.10

Standards and requirements for vacation rentals. The standards and requirements set forth in this chapter shall apply to the rental, use, and occupancy of vacation rentals in the village.

(a)

Local phone service required. At least one (1) landline telephone with the ability to call 911 shall be available in the main level common area in the vacation rental.

(b)

Parking standards. Occupants and visitors to the vacation rental shall comply with all relevant parking codes as found in the Village Code of Ordinances.

(c)

Solid waste handling and containment. Notice of the location of the trash storage containers and rules for collection shall be posted inside the vacation rental.

(d)

Maximum occupancy. Requirements for space shall be as follows:

(1)

Each vacation rental shall have a minimum gross floor area of not less than two hundred (200) square feet per occupant.

(2)

Every habitable room in a vacation rental occupied for sleeping purposes shall:

a.

Have a gross floor area of not less than seventy (70) square feet.

b.

Have a minimum width of eight (8) feet.

c.

Have an operable and unobstructed window.

(3)

Gross area shall be calculated on the basis of total habitable room area and those exclusions appearing in the definition of "habitable room" shall not be considered in calculation of such floor areas.

(4)

Every habitable room in a vacation rental shall have a ceiling height of not less than seven (7) feet for at least half the floor area of the room. No portion of a habitable room shall have a ceiling height of less than five (5) feet.

(5)

Maximum occupancy. Maximum overnight occupancy for vacation rentals shall be up to a maximum of two (2) persons per habitable room, plus two (2) additional persons per property, up to a maximum of ten (10) persons, excluding children under three (3) years of age. At all other times, maximum occupancy for vacation rentals shall not exceed the maximum overnight occupancy of the vacation rental plus four (4) additional persons per property, up to a maximum of fourteen (14) persons, excluding children under three (3) years of age. For purposes of this subsection, "overnight" shall mean from 10:00 p.m. until 7:00 a.m. the following day. Notwithstanding the foregoing, at no time may the occupancy of a vacation rental exceed the maximum occupant load for the property under the Florida Building Code.

(e)

Posting of vacation rental information.

(1)

In each vacation rental, located on the back of or next to the main entrance door there shall be posted as a single page the following information:

a.

The name, address and phone number of the vacation rental representative;

b.

The maximum occupancy of the vacation rental;

c.

A statement advising the occupant that any noise between the hours of 11:00 p.m. and 7:00 a.m. which disturbs the peace and quiet of the neighborhood or any continuous noise that is plainly audible at a distance of one hundred (100) feet shall be prima facie evidence of a violation of the village's noise ordinance;

d.

A sketch of the location of the off-street parking spaces;

e.

A summary of the village's parking regulations;

f.

The days and times of trash pickup and trash regulations;

g.

The location of the nearest hospital;

h.

The local non-emergency police phone number; and

i.

The location of fire extinguishers;

j.

Pool safety standards as promulgated by the village; and

k.

If applicable, a statement that the vacation rental is located within one thousand (1,000) feet of a school, designated public school bus stop, day care center, park, playground, or other private or public recreational facility where children regularly congregate and shall not be rented to nor occupied by any person who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, or 847.0145, or convicted of a similar felony sexual offense in any other state, Federal Court or military tribunal in the United States, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age.

(2)

A copy of the building evacuation map—Minimum eight and one-half (8½) by eleven (11) shall be provided to the renter upon the start of each vacation rental.

(3)

The foregoing shall be made a part of each rental agreement.

19.1.11

Sexual offenders and predators prohibited. The property owner or designated representative shall determine, prior to submission of an application for a vacation rental license, whether the vacation rental property is located in an area in which it is unlawful for sexual offenders or sexual predators to establish residence. Vacation rentals within one thousand (1,000) feet of any school, designated public school bus stop, day care center, park, playground, or other private or public recreational facility where children regularly congregate shall not be rented to nor occupied by any person who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, or 847.0145, or convicted of a similar felony sexual offense in any other state, Federal Court or military tribunal in the United States, regardless of whether adjudication has been withheld, in which the victim of the offense was less than sixteen (16) years of age. Any vacation rental property that is located in an area in which it is unlawful for sexual offenders or sexual predators to establish a residence must include that information in any advertising for the vacation rental.

19.1.12

Administration of vacation rental license program. The ultimate responsibility for the administration of this chapter is vested in the village manager, or his/her authorized designee, who is responsible for granting, denying, revoking, renewing, suspending and canceling vacation rental licenses for proposed and existing vacation rentals as set forth in this chapter.

19.1.13

Appeals. Any decision of the village manager, or his/her authorized designee, relating to the granting, denial, renewal, modification, suspension, or cancellation of a vacation rental license under this chapter shall be rendered in writing, and reviewed by the village commission if a notice by the applicant is filed with the village clerk within ten (10) days after the action to be reviewed. The village clerk shall place the matter on the agenda of an upcoming meeting of the village commission, at which the matter will be reviewed. The decision of the village commission shall be final. Such final decision may be reviewed as permitted under Florida law.

19.1.14

Notice. Any notice required under this chapter shall be accomplished by sending a written notification by certified U.S. Mail, return receipt, to the mailing address of the vacation rental representative and the property owner, by personal service or delivery, or by posting the notice in a conspicuous place on the vacation rental. Notwithstanding the foregoing, for all purposes under this chapter, service of notice on the vacation rental representative shall be deemed service of notice on the property owner and occupant.

19.1.15

Penalties and enforcement.

(a)

By citation. Any violation of this chapter, may be punished by citation, as specifically described in chapter 14, Code Compliance Board of the Land Development Code of the Village of Biscayne Park, provided however, with respect to violations of subsection 19.1.3(a), the code compliance officer does not need to provide the violator with a reasonable time to correct the violation. Such violation shall be subject to a fine in the amount of one thousand dollars ($1,000.00), for the first offense, and a two thousand dollars ($2,000.00) fine for the second offense, plus a suspension of the vacation rental license or a refusal to issue a vacation rental license as provided hereinafter, provided the second and subsequent offenses occur in any continuous twelve-month period. A fine of five thousand dollars ($5,000.00) shall be imposed for the third and any subsequent offenses in any continuous twelve-month period, if the code compliance board finds the violation to be irreparable or irreversible in nature. Each day a violation exists shall constitute a separate and distinct violation.

(b)

Other enforcement methods and penalties. Notwithstanding anything otherwise provided herein, violations of this chapter shall also be subject to all the enforcement methods and penalties that may be imposed for the violation of ordinances of the village as provided in the Village Land Development Code. Nothing contained herein shall prevent the village from seeking all other available remedies which may include, but not be limited to, injunctive relief, abatement of public nuisance, liens, fines, imprisonment, and other penalties as provided by law. For properties operating without a license as specified herein, incurring multiple code violations as specified herein, and/or constituting a public nuisance, the village manager is authorized to initiate litigation to pursue other available remedies including, but not limited to, injunctive relief, abatement of public nuisance, recovery of liens and fines, and other causes of action, in a court of competent jurisdiction.

(c)

Suspension of license.

(1)

In addition to any fines and other remedies described herein or provided for by law, the village manager shall suspend a vacation rental license for thirty (30) calendar days upon a second adjudication of a violation of this chapter or of Section 6.3 or 10.1 of the Village Code where such noise emanated from the vacation rental or receipt of a parking violation where such parking violation occurred on the vacation rental property, in any continuous eighteen-month period and for one (1) year upon a third adjudication of a violation of this chapter or of Code Section 6.3 or 10.l or a parking violation on the vacation rental property, in any continuous eighteen-month period. Violations subsequent to the third violation within the continuous eighteen-month period following the initial violation or to the imposition of a suspension will result in the imposition of extensions of the suspension by one (1) year per subsequent violation. Such suspension shall begin following notice, commencing either at the end of the current vacation rental lease period, or after thirty (30) calendar days, whichever is less.

(2)

For violations of the Florida Building Code, or Florida Fire Prevention Code, a vacation rental license shall be subject to temporary suspension starting three (3) working days after citation for such violation if it is not corrected, re-inspected, and found in compliance.

(3)

The village manager shall refuse to issue a vacation rental license upon a third violation of this chapter, in any continuous twelve-month period, including, but not limited to, if the property has operated an unlicensed vacation rental in violation of subsection 19.l.3(a) or advertised an unlicensed vacation rental in violation of subsection 19.l.3(b). Such refusal to issue a vacation rental license shall be for a period of one (1) year.

(d)

Revocation of license.

(1)

The village manager may refuse to issue or renew a license or may revoke a vacation rental license issued under this chapter if the property owner has willfully withheld or falsified any information required for a vacation rental license.

(2)

The village manager shall revoke a vacation rental license issued pursuant to this chapter upon the fifth adjudication of either a noise violation as defined in Code Section 10.1 where such noise emanated from the vacation rental or a parking violation where such parking violation occurred on the vacation rental property, or a solid waste violation as defined in Code Section 6.3 within any continuous eighteen-month period, or any combination thereof. Such revocation shall be for a period of one (1) year.

(3)

The property owner shall not be entitled to any refund of the annual fee paid for a license for any portion of the unexpired term of a license, because of revocation or suspension of the vacation rental license.

(e)

No occupant shall occupy a vacation rental, and no advertisement for the vacation rental shall occur during any period of suspension or revocation of a vacation rental's vacation rental license.

19.1.16

Rental agreement vesting. It is recognized that there are likely existing rental/lease agreements for vacation rentals at the time of passage of this chapter which may not be in compliance with the regulations herein. Rental agreements that were entered into prior to the date of adoption, shall be considered vested. No special vesting process or fee shall be required to obtain this vesting benefit.

(Ord. No. 2022-02, § 2, 5-3-22; Ord. No. 2023-15A, § 2, 12-5-23)