HomeMy WebLinkAbout2023-008-464_-_Shopping_Center_Registration_Ordinance_-_Adopted.docxORDINANCE NO. 2023-008-464
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CREATING CHAPTER 6 ARTICLE
XII OF THE CODE OF ORDINANCES ENTITLED “SHOPPING
CENTER REGISTRATION”; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens is committed to cleanliness and its
neighborhoods and commercial corridors, and
WHEREAS, many of the shopping centers in the City, keep the premises clean
and free of debris and follow the Code Enforcement requirements, and
WHEREAS, some shopping centers do not consistently comply with the Code
Enforcement guidelines, which detract from the beautification of the City, and
WHEREAS, Vice-Mayor Katrina Wilson is proposing that the city of Miami Gardens
enact a shopping center registration Ordinance, which will require the Shopping Centers
to register with the City, and
WHEREAS, as a part of the registration, shopping centers will be required to
include the name and contact information for the owners, as well as the person to contact
in the event the City needs to make contact immediately, and
WHEREAS, a Shopping Center registration Ordinance will help to “keep Miami
Gardens beautiful,”
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: Chapter 6, Article XII of the Code of Ordinances is
hereby created as follow:
CHAPTER 6 - SHOPPING CENTERS - ARTICLE XII. ‐ SHOPPING CENTER
REGISTRATION
Sec. 6-380. ‐ Purpose.
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Ordinance No. 2023-008-464
The purpose of this article is to provide for and establish an annual shopping center
registration program to promote and protect the health, safety and welfare of the
residents of the city. As set forth herein, each shopping center owner must submit
certain information to the city and pay a registration fee solely to help defray the
city’s cost for administration, coordination and implementation of the program.
Among other things, the information collected by the city through the program will
be used to facilitate and enhance the city's code enforcement department in
insuring compliance with the property maintenance provisions of the code of
ordinances
Sec. 6-381. ‐ Definitions.
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:
Shopping center means a building or buildings containing two or more stores that
are used primarily for retail sales but may include commercial trade or professional
uses
Shopping center owner means the owner of a shopping center as defined herein.
Premises means any property, site, or place within the city where a shopping
center is located or is planned (whether as a matter of right, upon the issuance of
a special use permit, or otherwise.
Register or registration means the submission to the city of a fully completed
registration form. Registration fee means the fee for registration which shall be
established by separate resolution.
Registration form means a form provided by the city to be completed by a shopping
center owner and pertaining solely to the shopping center and shall include at a
minimum, the location(s), name and contact information for the owner of the
Shopping Center as well as name and telephone number of a person at the
shopping center to contact in the event the City needs to make immediate contact.
Sec. 6-381. ‐ Registration required; fee.
(a) All shopping centers within the city on January 1 of each year, beginning January
1, 2024, shall register with the city and pay a registration fee which shall be
established by separate resolution. Registration and payment of the registration
fee must be completed no later than January 31 of each year.
(b) Registration is valid only for the year in which it is issued, and will expire on
December 31st of that year. A new registration is required each year.
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Ordinance No. 2023-008-464
(c) A shopping center that commences its initial operations within the city after
January 1 shall register but shall not be required to pay a registration fee. Such
registration shall be completed not later than (i) 30 days after the shopping center
commences its initial operations at its premises or (ii) the date the city issues a
certificate of occupancy for its premises, whichever is earlier.
(d) If during any year any information included within a registration form changes
following registration, the shopping center that filed the registration shall, within 30
days following the date of such change, notify the city of the change.
(e) The city reserves the right to require shopping center owners to correct any
outstanding code enforcement and/or site plan violations prior to approving the
registration for any shopping center.
Sec. 6-382. ‐ Late charge; enforcement; penalty.
(a) A shopping center that fails to timely pay a registration fee shall pay a late charge,
as an administrative charge, equal to ten percent of the registration fee for each
month, up to six months, that the fee was not paid. In no event shall such late
charges, to the extent they may be considered to be interest under applicable law,
exceed the maximum lawful rate of interest.
(b) The city may enforce any of the provisions of this article by any lawful means,
including, without limitation, the filing of suit to collect any registration fee and late
charge owed hereunder.
(c) It shall be unlawful for a shopping center to fail to register a shopping center as
required by this article. A shopping center owner that violates or fails to comply
with any provision of this article shall be subject to the code enforcement
procedures and penalties as prescribed in chapter 8
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a part
of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
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Ordinance No. 2023-008-464
Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately
upon its final passage.
PASSED ON FIRST READING BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING ON SEPTEMBER 13, 2023.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON SEPTEMBER 27, 2023.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: VICE MAYOR KATRINA WILSON
Moved by: Councilman Stephens
Seconded by: Vice Mayor Wilson
VOTE: 5-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Absent
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Leon Absent
Councilman Stephens, III Yes
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