Types of Violations
Miami Beach is a dynamic community. One of the City’s goals is to ensure a balance between the numerous activities that make this such an exciting place to live, work and play. To that end, the City has adopted Ordinances designed to protect the residential quality of life, while maintaining the unique characteristics of our vibrant city.
Below are brief descriptions of the main violation categories issued by the Code Compliance Department:
CITY CODE – The City Code regulates activities including, but not limited to businesses failing to obtain Business Tax Receipt, file/pay Resort Tax, conducting business on public property, sidewalk cafés (conditions of permits); environmental issues and activities (styrofoam, beach glass, sea turtle, and litter); blocking the right of way, signs on public property and special events (failure to obtain permit or violate permit conditions). The Code Compliance Department will take necessary actions to ensure residents, businesses, and visitors comply with the City Code regulations.
MARINE CODE – Marine Codes specifically concern issues involving vessels and structures on the water. This includes maintenance of docks, pilings, piers, seawalls and boats which are secured to these structures. Marine Codes also address sunken vessels, trash and debris in the waterways, and derelict vessels.
NOISE – The Noise Ordinance was designed to protect the residential quality of life, while maintaining the unique characteristics of our vibrant city. Unreasonably loud, excessive, unnecessary, or unusual noise will result in a violation of the ordinance, and possibly a fine if not promptly remedied.
PROPERTY MAINTENANCE – The City of Miami Beach Code requires properties to be properly maintained. This means the properties must be painted, kept free of debris, overgrown grass and weeds, have no broken or missing windows and adheres to Minimum Housing Standards. Every property owner is required to keep their property free of trash and debris and well maintained, or from posing a safety concern for the community. The Code Compliance Department will take any necessary action to ensure the property meets the maintenance regulations.
SANITATION – The Code Compliance Department is the enforcement arm to Chapter 90 – Solid Waste of the City Code of Laws and Ordinances. These violations include but are not limited to recycling, waste hauling companies failing to remove all trash, allowing trash and garbage to overflow in a container, can or dumpster, missing lid on garbage containers, trash collection outside of specified hours, illegal disposal of garbage, trash or industrial and bulky waste, biohazardous materials or creation of a health hazard or nuisance to the community.
ZONING – Zoning violations address violations of the Land Use Regulations in the City Code. The Zoning codes are interpreted by the Planning and Zoning Director and enforced by the Code Compliance Department. Each part of the City has a zoning designation (such as single family residential, multifamily residential, commercial, etc.). The Land Use Regulations identify what type of activity and buildings are permitted in each zone. A use, which is not permitted, must be discontinued permanently or until a variance may be requested from the Zoning Board of Adjustment. Short Term Rentals are regulated under the Land Use Regulations. To learn more, click Practice Safe Renting.
A Code Compliance Administrator or Supervisor has the ability to grant your request for additional time to comply. A written request must be submitted prior to the compliance date at our office, located at 1680 Meridian Avenue Suite 602, Miami Beach, FL 33139, during regular business hours (8:30am– 5:00pm). Please contact the Code Compliance Department at 305.673.7555 if you have any questions.
For a copy of the Extension of Code Violation Request Form:
Violations with an immediate fine
Some City Code violations carry an immediate fine. The fine is identified on the notice of violation. The fine must be paid within the time specified or the violation can be appealed to the Special Magistrate at the City Clerk’s Office. Paying the fine or failing to appeal the violation within the allowed time is considered an admission of guilt and any subsequent violation will be considered a repeat violation.
• Violation with fine issued.
• Violator can pay fine or appeal within the specified time.
• Failure to pay fine or appeal will result in a Final Order requiring the full amount due.
Violations with no immediate fine
Code issues a Notice of Violation, with a compliance date. The violator may correct the violation by the compliance date or request an extension (Please note not all violations qualify for an extension). The case will be closed when compliance is achieved. Failure to correct the violation by the compliance date will result in the case being forwarded to the Special Magistrate for a hearing. If the violator is found guilty by the Special Magistrate a new compliance date may be set and a daily fine is ordered for failure to comply. If the violation is corrected prior to the compliance date, the case will be closed. Failure to correct the violation by the compliance date will result in the accrual of a daily fine as ordered by the Special Magistrate. The fine will become a lien on the property.
Once there is a violation and/or the time period to correct a courtesy notice has expired, the following occurs:
• A hearing date for the Special Magistrate is set. The Code Compliance Officer will conduct further inspection shortly before the hearing to determine if the area of concern still exists. If the area of concern is corrected prior to the compliance date, an affidavit of compliance will be completed by the Code Compliance Officer and forwarded to the Special Magistrate. If the area of concern still exists, the hearing will proceed.
• If the Special Magistrate makes a finding of not guilty, the case will be dismissed.
• If the Special Magistrate makes a finding of guilt, a new compliance date will be set and a daily fine assessed if the
area of concern is not corrected by the compliance date. The fine can be up to $1,000 per day for the first offense, and $5,000 per day for a repeat violation. (An adjudicated violation is considered a repeat offense if it occurs again within five years).
• If the area of concern is corrected prior to the new compliance date set by the Special Magistrate, an affidavit of compliance will be completed by the Code Compliance Officer and forwarded to the Special Magistrate. Both the Special Magistrate case and the Code Compliance case will be closed.
If the offense is not corrected by the compliance date set by the Special Magistrate, an affidavit of non-compliance will be completed by the officer and forwarded to the Special Magistrate, and the daily fine will begin to accrue.
The case will remain open as long as the violation exists and there are outstanding fines, even if the violations are corrected. The fines will become a lien, which will be placed against the property. Failure to pay the fines can result in the initiation of foreclosure procedures on the property.