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HomeMy WebLinkAboutOrdinance 2026-4822Building Permit Forgiveness and Assistance Ordinance ORDINANCE NO. 2026-4822 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "BUILDING REGULATIONS," BY AMENDING ARTICLE 11, ENTITLED "CONSTRUCTION STANDARDS," BY AMENDING DIVISION IV THEREOF, ENTITLED "2017-2026 BUILDING PERMIT REPRIEVE PROGRAM," TO EXTEND THE DURATION OF THE BUILDING PERMIT REPRIEVE PROGRAM FOR OWNERS OF SINGLE-FAMILY RESIDENTIAL, MULTI -FAMILY RESIDENTIAL, MIXED -USE OR COMMERCIAL PROPERTIES WHO HAVE FAILED TO OBTAIN A BUILDING PERMIT, OR WHO HOLD EXPIRED PERMITS, THROUGH DECEMBER 31, 2028, AND TO AMEND THE DEFINITION OF "EXISTING BUILDINGS" AS USED THEREIN, AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AN EFFECTIVE DATE, AND A SUNSET PROVISION. WHEREAS, the City of Miami Beach ("City") has determined that there are numerous property owners in the City who have performed work without a permit; and WHEREAS, the City desires to ensure that unauthorized work complies with the Florida Building Code, as failure to comply with the Code can result in a life safety issue to the inhabitants of the structure; and WHEREAS, cost is a concern to many persons who either have expired permits (without a final inspection or permit close-out) or who never applied for a permit; and WHEREAS, in many cases, when title to property is transferred, the new owner of the property, unaware of the prior unpermitted work, is left to resolve outstanding permitting issues, and faces double permit fees or triple fees, as established by the building official; and WHEREAS, on May 1, 2017, in response to the foregoing concerns, the City enacted Ordinance No. 2017-4088, which created a one-year (May 1, 2017 through April 30, 2018) reprieve period for property owners and tenants to bring their properties into compliance with the Florida Building Code; and WHEREAS, on May 16, 2018, and pursuant to Ordinance No. 2018-4192, the Mayor and City Commission extended the reprieve period by one year, through April 30, 2019; and WHEREAS, on May 9, 2019, and pursuant to Ordinance No. 2019-4262, the Mayor and City Commission extended the reprieve period through April 30, 2020; and WHEREAS, on December 9, 2020, and pursuant to Ordinance No. 2020-4387, the Mayor and City Commission reinstated the reprieve program from May 1, 2020 through December 31, 2021; and WHEREAS, on January 20, 2022, and pursuant to Ordinance No. 2022-4462, the Mayor and City Commission extended the reprieve period through December 31, 2022; and WHEREAS, on March 13, 2024, and pursuant to Ordinance No. 2024-4602, the Mayor and City Commission extended the reprieve through December 31, 2026; and WHEREAS, the Mayor and City Commission now desire to extend the reprieve period through December 31, 2028; and WHEREAS, the amendments set forth in this Ordinance are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Division IV of Article II of Chapter 14 of the City Code, entitled "Building Regulations," is hereby amended as follows: CHAPTER 14 BUILDING REGULATIONS ARTICLE II. CONSTRUCTION STANDARDS DIVISION 4. 2017-2026 2028 BUILDING PERMIT REPRIEVE PROGRAM Sec. 14-85. Intent of reprieve program. The building permit reprieve (amnesty) program, which was reinstated on May 1, 2020, is hereby extended through the period ending on December 31, 2026 2028. Reprieve from double or triple building permit fees for work performed without permits or inspections as established by the building official and as further delineated in division 1, sections 14-61 through 14-67 and Appendix A to this Code, shall be provided to those property owners, or designees of property owners, who voluntarily apply for reprieve. Except as specifically provided in this division, NethiRg nothing herein shall preclude the building official from assessing fees or penalties for work performed without a permit, or work performed in violation of any provision of the Florida Building Code, Florida Fire Prevention Code, or the city's land development regulations. Nothing herein shall be construed to excuse an applicant from compliance with the Florida Building Code, Florida Fire Prevention Code, or the city's land development regulations. Sec.14-86. Fees. A property owner who has applied for reprieve pursuant to this division will be assessed only those fees (in effect at the time of the permit application) associated w+tfi applicable to new permits or the re -issuance of permits. Fees associated with work performed without permits, or without inspections, as delineated in division 1, sections 14-61 through 14-67, and appeR6X Appendix A of to this Code, will not be assessed to the reprieve applicant. The fee for processing applications and to conduct any testing pursuant to this division shall be set forth in appendix Appendix A of to this Code. 2 Sec. 14-87. Guidelines and requirements of the reprieve program. (a) Existing buildings. (1) An existing building under Chapter 34 of the Florida Building Code includes any building or structure built with proper permits and completed with all mandatory inspections and for which a certificate of completion or occupancy has been issued; any building or structure, including any part thereof as well as any addition or repair, that was constructed without proper permits in which the work performed commenced prior to the effective date of this Ordinance D9GeFRbeF 31-'-2_; or any building or structure constructed pursuant to permits obtained under the Florida Building Code, which expired without certificates of completion or occupancy having been issued. (2) A certificate of completion or occupancy for any existing building constructed without proper permits or permits which expired may be obtained by applying to the building official and fulfilling the following conditions: (A) The owner shall furnish a set of as -built plans of the building or structure; (B) The owner shall furnish an as -built certificate issued by a Florida -registered engineer or architect, in a form that is satisfactory to the building official, which certificate attests that, to the best of the knowledge, belief and professional judgment of the engineer/architect, and based on the engineer/architect's inspection of the structure, the structure: (i) Is structurally sound; and (ii) Satisfies the requirements of the applicable code in effect at the time the work was commenced, indicating the date the work on the structure was commenced from the best available records, and the requirements of the applicable code in effect on that date: and (iii) Complies with all requirements of the current edition of the applicable code identified in subsections (a)(2)(C) and (D); and (iv) Complies with the permit application and plans approved by the building official, if applicable. (C) The owner shall comply with the following life safety requirements of the current edition of the Florida Building Code: (i) Means of egress or escapes; (ii) Requirement of shutters; (iii) Residential single station smoke detectors installed in accordance with NFPA; (iv) Requirement for ground fault interrupters; (v) Requirement for full size pressure and temperature relief valved lines on all water heaters; (vi) Handicapped access requirements; (vii) All gas piping systems shall be bonded to the ground; (viii) Handrails shall be inspected and replaced, if necessary, in full compliance with requirements of the most recent version of the building code. (D) The owner shall comply with the current edition of the Americans with Disabilities Act and the Florida Fire Prevention Code. 3 (3) The as -built certificate specified in subsection (a)(2)(B) shall contain a narrative description of the methodology utilized to make the determination set forth in the as - built certificate. In issuing the certificate of completion or occupancy, the building official shall be entitled to rely on the accuracy of the as -built certificate. (4) Prior to issuing the certificate of completion or occupancy, the building official shall conduct an inspection to determine, to the best of the building official's ability given the nature of the construction: (A) That the plans submitted reflect the present state of the structure; (B) That the construction complies with the edition of the Florida Building Code in effect at the time the work was commenced; (C) That the structure complies with all requirements of the Florida Building Code identified in subsection (a)(2)(C) and (D); and (D) That the as -built certificate accurately represents the conditions of the structure (5) Authority of the building official to enforce the Florida Building Code. Notwithstanding the provisions of this section, the building official may at all times continue enforcement of the applicable code through any authorized means including issuance of a notice of violation, recording of the same, and/or commencement and prosecution of a case before the unsafe structures board. This section shall not be construed to conflict with or supersede, nor shall it serve as a defense to, any enforcement action brought by the building official based on the current requirements of the applicable code. (6) The building official shall create a reprieve application form and shall promulgate a procedure for an applicant to seek reprieve pursuant to this division. (b) Guidelines for renewal of expired roof permits without a final inspection. Roofing permits issued prior to DeG9FRb8F 34, 2022 the effective date of this Ordinanc , shall comply with the following guidelines: (1) A State of Florida duly licensed architect or engineer may provide an as -built certification letter, signed and sealed, certifying that the roof is in compliance with the Florida Building Code in effect at the time of the roof installation. (2) The as -built letter shall state the approximate date of the roof installation. (3) The as -built letter shall state the product approval number of the approved roofing system and state that the underlayment and the fasteners were visually inspected by plugging the roof. In lieu of plugging of the roof, an uplift test is acceptable. (4) An application for the renewal of the roof permit must be submitted by a licensed roof contractor. (5) Upon submittal of the required documents the city's roofing inspector will review the as - built letter for compliance with the Florida Building Code in effect at the time of the roof installation. (6) Upon submittal of the as -built letter and the as -built plans required by this division, all documents will be reviewed for compliance with this division and the applicable codes. 0 SECTION 2. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. SUNSET. As of December 31, 2028, the provisions of this Ordinance shall terminate and be of no force or effect. The codifier is hereby directed to remove the provisions herein from the City Code on December 31, 2028. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this a0 day of YK01A6. ATTEST: 7)4 &A AV * 6 Steven Meiner, Mayor Rafael E. Granado, Ci 2�26 ► s (Sponsored by Commissioner Alex J. Fernandez) Co -Sponsored by Commissioner Monica Matteo-Salinas Co -Sponsored by Commissioner Tanya K. Bhatt Co -Sponsored by Commissioner David Suarez Co -Sponsored by Commissioner Laura Dominguez NCORRIOUTE APPROVED AS TO FORM AND LANGUAGE & FOR EXfr—VTION Ci orney Date 5 Ordinances - R5 K MIA101 BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: May 20. 2026 9:45 a.m. Second Reading Public Hearing TITLE: BUILDING PERMIT FORGIVENESS AND ASSISTANCE ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "BUILDING REGULATIONS," BY AMENDING ARTICLE ll, ENTITLED "CONSTRUCTION STANDARDS," BY AMENDING DIVISION IV THEREOF, ENTITLED '2017-2026 BUILDING PERMIT REPRIEVE PROGRAM," TO EXTEND THE DURATION OF THE BUILDING PERMIT REPRIEVE PROGRAM FOR OWNERS OF SINGLE-FAMILY RESIDENTIAL, MULTI -FAMILY RESIDENTIAL, MIXED -USE OR COMMERCIAL PROPERTIES WHO HAVE FAILED TO OBTAIN A BUILDING PERMIT, OR WHO HOLD EXPIRED PERMITS, THROUGH DECEMBER 31, 2028, AND TO AMEND THE DEFINITION OF "EXISTING BUILDINGS" AS USED THEREIN, AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AN EFFECTIVE DATE, AND A SUNSET PROVISION. RECOMMENDATION BACKGROUND/HISTORY The City of Miami Beach ("City") has determined that there are numerous property owners in the City who have performed work on their homes or businesses without first obtaining a building permit or inspection. The City would like to ensure (1) that unauthorized work is brought into compliance with the Florida Building Code, including obtainment of all required permits and inspections, and (2) that new owners of property with outstanding building violations are not faced with double or triple permit fees. Since May 1, 2017, the City has provided for a reprieve from certain building permit fees for property owners, or designees of property owners, who voluntarily apply for reprieve, pursuant to Ordinance No. 2017-4088 and subsequent Ordinances renewing and extending the reprieve period (the "Program"). ANALYSIS The attached Ordinance is presented on First Reading by the sponsor, Commissioner Alex J. Fernandez, for the consideration of the Mayor and City Commission. The Ordinance extends the Program's applicability to any work performed without permits or inspections that commenced prior to the Ordinance's effective date. The Ordinance also extends the deadline to submit a request for reprieve to December 31, 2028. The existing Program currently covers work performed on or before December 31, 2022, but does not apply to any work commenced after that date. 561 of 1709 FISCAL IMPACT STATEMENT N/A Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: 4/8/2026 See BIE at: https•//www miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? 1►I^ Is this item related to a G.O. Bond Project? iT Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department City Attorney Sponsor(s) Commissioner Alex Fernandez Co-sponsor(s) Commissioner Monica Matteo-Salinas Commissioner Tanya K. Bhatt Commissioner David Suarez Commissioner Laura Dominguez Condensed Title NR- 9:45 a.m. 2nd Rdg, Building Permit Forgiveness & Assistance Ord. (AF/MMS/TB/DS/LD) CA 562 of 1709 Previous Action (For City Clerk Use Only) Not reached on 4/22/2026 - R5 X; First Reading Public Hearing on 3/18/2026 - R5 X 563 of 1709