§ 33-222.1.1. Subdivision of hotels and motels.

(a)

Definitions.

(1)

For the purposes of this section the term "subdivision of a hotel or motel" shall mean the sale, conveyance, or long-term lease or sublease (for more than six (6) months) of five (5) percent or more, cumulatively, of the units in a hotel or motel by the same seller, lessor or sublessor. This definition is not applicable to the transfer of an entire hotel or motel to the same transferee.

(2)

For purposes of this section the term "subdivided property" shall mean all hotel or motel units and all other components of any subdivided hotel or motel.

(b)

Any person or entity who subdivides a hotel or motel shall deliver written notice of said subdivision to the Director on or before the earlier of either offering to enter into or entering into any sale, conveyance, lease, or sublease which would result in a subdivision.

(c)

If there shall be a subdivision of any hotel or motel no permit, certificate of use and occupancy or any other governmental approval shall be issued or granted except in emergencies for any subdivided property, unless and until the owner shall demonstrate to the Director that the subdivided property shall continue to comply with all the provisions and regulations of this chapter and any resolutions adopted pursuant hereto. The procedure for demonstrating such compliance shall be established by submission of documentation pursuant to regulations to be promulgated by the Director and approved by the Board of County Commissioners.

(d)  (1)
It shall be presumed that the subdivision of a hotel or motel results in a change of use to nonhotel or nonmotel use. This presumption may be rebutted administratively at a public hearing. An application to rebut shall be filed for public hearing before the appropriate Community Zoning Appeals Board. The presumption shall be rebutted whenever such an applicant shall establish at public hearing that the property will continue to be utilized as a hotel or motel. In civil proceedings the presumption of change of use shall shift the burden of proof on this issue to the party against whom it operates; and in criminal proceedings the presumption shall constitute prima facie evidence of a change in use.

(2)

The presumption established by this subsection shall not go into effect for a hotel or motel if: 1) prior to June 6, 1984, units in the hotel or motel have been offered to the public for sale, conveyance, lease, or sublease which would result in a subdivision; 2) an application to rebut is filed pursuant to this subsection within sixty (60) days after June 15, 1984; and 3) said application is approved. For a hotel or motel which may qualify pursuant to this paragraph, no presumption shall go into effect until the later of the expiration of said sixty-day period without the filing of an application to rebut, or a final determination that the applicant has failed to rebut the presumption.

(e)

This section shall not apply to any units or other components of a subdivided property which were sold, conveyed, leased, or subleased to the public in bona fide transactions by the subdivider prior to June 15, 1984 nor to any units or components so transferred after June 15, 1984 pursuant to a bona fide contract with the transferee entered into before June 15, 1984. The term "bona fide" shall mean for a valid business purpose other than avoiding the applicability of this section. Except as otherwise specifically provided herein all provisions of this section shall be applicable to all hotel or motel property undergoing subdivision after June 15, 1984 regardless of whether there was any prior subdivision thereof. Nothing contained in this section shall prevent the Director from taking any and all enforcement actions authorized by the Code of Miami-Dade County, Florida, independent of this section.

(Ord. No. 84-46, § 2, 6-5-84; Ord. No. 96-127, § 11, 9-4-96)