Miami Beach Ordinance To Strip Homeowners of Property Rights
On Wednesday January 16, 2008, the City of Miami Beach passed on first reading a sweeping and draconian zoning regulation which will ban many social gatherings and simple business transactions in private homes. If you’re caught throwing a baby shower or a birthday party, or if during your spring cleaning you sell four modest items in your house on E-Bay, you will be fined over $42,000.00 – and it can’t be waived by the special master for any reason.
Entitled “Commercial Use of Single Family Homes Prohibited”, the ordinance contains several alarming restrictions on the use of homes. For example, section 1(c)(1)(b) of the Ordinance prohibits the sale of “goods, property or services” exceeding $100 “offered for sale on or at the property”. This provision makes it illegal for:
• Miami Beach residents to sell their old bicycles, cars, furniture, computers or other unused property through classified ads or on Ebay.
• Professionals such as attorneys to work from their homes.
• To sell Tupperware, Avon cosmetics or other perform other direct marketing.
Likewise, the ordinance prohibits a homeowner from receiving “payment or other consideration… in excess of $100.00 per party or event for the use of the property.” As a result it will now be an illegal “commercial use” for:
• Five friends to plan a SuperBowl party where each chips in $25.00 to cover the cost of refreshments.
• Any resident to have a social gathering, such as a birthday party or wedding shower where the host receives more than $100 in gifts.
• Houseguests to reimburse their host for food or cleaning costs greater than $100.00.
• A resident to allow their home to be used for a relative’s wedding, graduation party or other gathering, if the owner receives any compensation in excess of $100.00 to cover costs associated with the gathering.
• A charity to provide any compensation to a homeowner for the use of a home for fundraising or education purposes.
“Every person in this city should ask their commissioner ‘how will the city know which gatherings are commercial’? This ordinance is going to be enforced by Code Inspectors peering through windows. No one likes noise or parking impacts- but those should be addressed by the noise Ordinance.”
Further, the ordinance indicates that any Code Compliance Officer may shut down a gathering without due process of law. This is going to be a field day for First Amendment attorneys. The City has mistakenly shut down non-commercial parties in the past, and they know they will again. When the City shuts down your wedding without cause, that’s a costly tragedy for which you should be compensated. When they mistakenly shut down your political gathering, that’s a constitutional quagmire.”
Another aspect of the ordinance would make it illegal to host an open house for the purposes of selling homes after 8:00 PM. This is going to have a huge impact on home sales, transaction times and prices at a time where homes are already selling slowly.
DO SOMETHING: Cut a past a copy of this letter or one of your own and email the Miami Beach City Comission!!!!!
Dear Commissioner,
I am a Miami Beach resident and am concerned about the ordinance that you are considering enacting into law in February.
I agree with you that noise, garbage, and parking issues that may be associated with parties are bad. However, there are existing laws on the books that address these concerns.
I am in favor of allowing homeowners to have private, invite only parties within their homes. Please DO NOT interfere will my rights as a resident to entertain within my home! I trust that you will make the right decision and not turn Miami Beach into a boarded up retirement community.
Please, maintain the spirit of Miami Beach.
Thanks for your consideration.
THE NEXT READING OF THE ORDINANCE IS THURSDAY JANUARY 24th AT 6PM MIAMI BEACH CITY HALL - IF YOU WANT TO PREVENT
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