BIE - NOTICE TO DEMOLITION TO AFFECTED PERSONS (11/27/2024)MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florido 33139,www.miomibeochfl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter,City Manager ,J!/,/4t Ftll'L E.C.
MEETING DATE:December 11,2024
SUBJECT:BUSINESS IMPACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 14 OF THE MIAMI BEACH
CITY CODE,ENTITLED "BUILDING REGULATIONS,"BY AMENDING ARTICLE
VII,ENTITLED "PERMITS APPLIED FOR ON OR AFTER MARCH 1,2002,"BY
AMENDING DIVISION 2,ENTITLED "DEMOLITION,"BY AMENDING SECTION
14-421 THEREOF,ENTITLED "NOTICE TO DEMOLITION TO AFFECTED
PERSONS,"BY EXPANDING THE NOTICE REQUIREMENTS AS WELL AS THE
RADIUS OF THE NOTICE TO AFFECTED PERSONS SET FORTH IN
SUBSECTION (B);AND PROVIDING FOR REPEALER,SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
Z Yes No (lf no,please check one of the boxes below)
If one or more boxes are checked below,this means the City of Miami Beach has determined that
a Business Impact Estimate for the above-referenced Ordinance is not required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;□The proposed Ordinance relates to the issuance or refinancing of debt;□The proposed Ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;□The proposed Ordinance is required to implement a contract or an agreement,including,
but not limited to,any Federal,State,local,or private grant or other financial assistance
accepted by the City;
The proposed Ordinance is an emergency ordinance;
D The Ordinance relates to procurement;or
D The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land development
regulation amendments;
b.Development orders,development permits,and development agreements;
c.Sections 190.005 and 190.046,Florida Statutes,regarding community development
districts;
d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page2
If none of the above exceptions apply,this Business Impact Estimate is hereby provided in
accordance with Section 166.041(4),Florida Statutes.
1.A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission
Memorandum accompanying the Ordinance,as well as in the recitals to the Ordinance itself.The
Commission Memorandum and Ordinance are attached hereto.
2.The City of Miami Beach estimates that the proposed Ordinance will have no direct economic
impact on private,for-profit businesses in the City of Miami Beach,that the proposed Ordinance
will have no direct compliance costs that businesses may reasonably incur;that the proposed
Ordinance will not impose any new charge or fee for which businesses will be financially
responsible,and that the proposed Ordinance will not impact the City of Miami Beach's regulatory
costs and will not generate any revenue from new charges or fees.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the proposed
Ordinance.
14.Additional comments:None.
R5 A L A N O R D IN A N C E O F T H E MA Y O R A ND CO M M IS S IO N O F THE C ITY O F M IA M I
B E A C H ,FLO R ID A ,A M E N D IN G C H A P T E R 14 O F T HE M IA M I B E AC H CITY
C O D E ,EN T IT LE D "B U IL DI N G R E G U LA TIO NS ,"BY A M E N D ING A R T IC LE VII,
E N T IT LE D "P E R M IT S A P P LI E D FO R O N O R A FT E R M A R C H 1,2002,"BY
A M E N D IN G D IV IS IO N 2,E N T IT LE D "DE M O LI T IO N ,"BY A M E N D IN G S E CT IO N
14 -4 2 1 T H E R E OF ,EN T IT LE D "N O T IC E TO D E M O LI T IO N TO A FFE C T E D
P E R S O N S ,"BY EXP A N D IN G TH E NO T IC E RE Q U IR E M E NT S A S W E LL A S TH E
RA D IU S O F TH E NO T IC E TO A FFE C TE D PE R S O N S SE T FO RTH IN
S U B S E C T IO N (B );A N D PR O V ID IN G FO R R E P E A LE R ,S E V E RA B ILI TY ,
C O D IF IC A T IO N ,A N D A N EFF E C T IV E DA T E .
A pplicable A rea:
Ordinances -RS AL
M IAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:
TITLE:
November 20,2024 First Reading
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI
BEACH,FLORIDA,AMENDING CHAPTER 14 OF THE MIAMI BEACH CITY CODE,
ENTITLED "BUILDING REGULATIONS,"BY AMENDING ARTICLE VII,ENTITLED
"PERMITS APPLIED FOR ON OR AFTER MARCH 1,2002,"BY AMENDING
DIVISION 2,ENTITLED "DEMOLITION,"BY AMENDING SECTION 14-421
THEREOF,ENTITLED "NOTICE TO DEMOLITION TO AFFECTED PERSONS,"BY
EXPANDING THE NOTICE REQUIREMENTS AS WELL AS THE RADIUS OF THE
NOTICE TO AFFECTED PERSONS SET FORTH IN SUBSECTION (B);AND
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
BACKGROUND/HISTORY
In recent years,there has been a significant increase in the number of demolitions and often
residents and businesses in the area of the proposed demolition either do not receive notice or
have adequate time to prepare.
ANALYSIS
By expending the notice requirements to additional affected persons and the radius for the
notification,residents and businesses will have additional time to prepare for any possible impact
due to the proposed demolition.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
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?
Yes
Is this item related to a G.O.Bond
Project?
No
as_this Agenda Item initially requested by a lobbyist which,as defined_in_ode Sec.2481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Tanya K.Bhatt
Co-sponsor(s)
Condensed Title
1st Rdg,Ch 14,Notice Requirements for Demolition.(Bhatt)CA
ORDINANCE NO._
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 14 OF THE MIAMI
BEACH CITY CODE,ENTITLED "BUILDING REGULATIONS,"BY
AMENDING ARTICLE VII,ENTITLED "PERMITS APPLIED FOR ON OR
AFTER MARCH 1,2002,"BY AMENDING DIVISION 2,ENTITLED
"DEMOLITION,"BY AMENDING SECTION 14-421 THEREOF,
ENTITLED "NOTICE TO DEMOLITION TO AFFECTED PERSONS,"BY
EXPANDING THE NOTICE REQUIREMENTS AS WELL AS THE
RADIUS OF THE NOTICE TO AFFECTED PERSONS SET FORTH IN
SUBSECTION (B);AND PROVIDING FOR REPEALER,SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,enforcement of the provisions of the Florida Building Code and the Code of
the City of Miami Beach is a priority of the Mayor and City Commission:and
WHEREAS,there has been a significant increase in the number of demolitions in recent
years;and
WHEREAS,the demolition of buildings,facilities and structure of three or more stories
can negatively impact the quality of life of the city's residents and visitors in the affected area;and
WHEREAS,the Mayor and City Commission desire to expand the notice requirements for
demolition of any building,facility or structure,consisting of three or more stories in order to
provide residents and businesses in the affected area adequate preparation time for any possible
negative impact due to the proposed demolition.
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM BEACH,FLORIDA:
SECTION 1.That Chapter 14,'Building Regulations,"Article VII."Permits Applied for on or after
March 1,2002,"Division 2,'Demolition,"Section 14-421,"Notice to demolition to affected person,"
of the Code of the City of Miami Beach is hereby amended as follows:
Sec.14-421.Notice to of demolition to affected persons.
(a)Prior to demolition of any building,facility or other structure,consisting of three or more
stories,the contractor or property owner of the site seeking demolition shall be required
to provide written notice,by regular United States mail,to all affected persons,calendar
days prior to the start of work to demolish such building,facility or other ten-ninety,for
which a city demolition permit is required.
(b)For purposes of this section,an "affected person"shall be defined as any property
owner,and the current occupant of any property within a 37&-750-foot radius of the
address stated on the city demolition permit.Moreover,the affected person shall be the
taxpayer as reflected in the certified real property ad valorem tax roll of Miami-Dade
County no less than six months from the date of notice;provided however,where the
records of the Miami-Dade County Property Appraiser indicate that ownership has
changed,the owner shall be the taxpayer as reflected in those records.
(c)The mail notice shall include the anticipated starting date and completion date of the
demolition work;the address at which the demolition work will be performed;and the
contact information of the contractor or other person performing the demolition work.
The contractor or property owner shall be required to pay all costs associated with such
notice.
In addition to the mail notice to affected persons required by this section,the contractor
or property owner shall notify an authorized representative of the property management
company as well as each member of the Board of Directors of any condominium
association for each building,facility or other structure within the 750-foot radius by
email,text messaging,or other written communication,to the ensure transparency and
accountability.
(d)At least tenninety days prior to the commencement of work for demolition,contractor
or the property owner shall also post notice on every street frontage of the demolition
site in a location visible from the public right-of-way.The posted notice shall be a
minimum dimension of 11 inches by 17 inches.The contractor or property owner shall
be required to pay all associated costs relating to the posted notice.The posted notice
shall read substantially as follows:
Date:
DEMOLITION NOTICE for [(a)address of site to be demolished;(b)folio number;(c)legal
description of the property].The building or structure referenced above is to be DEMOLISHED
ON (Date).
Number of stories to be demolished:
Any affected person should contact the contractor or property owner:
Name of Contractor:
Phone number of Contractor:
Email address of Contractor:
Or
Name of Property Owner
Phone Number of Property Owner:
Email Address of Property Owner:
The beginning of work to demolish a building,facility or other structure for which a permit is
required under the City of Miami Beach Code shall be on (date),and end (date).
The following roads may be closed:(list).
The following additional buildings shall be vacated for safety purposes:(list).
(e)The contractor or property owner shall be required to pay all associated costs relating to
the mail notice.
(f)Simultaneously with issuing the mail notice required in subsection (a)hereof,the
contractor or property owner shall provide an affidavit to the building official swearing or
affirming,under oath,to having mailed out the notice of demolition required herein.The
affidavit shall affirm,in substantial form,the following:
"This is to certify that the attached ownership list,map and mailing labels are a complete
and accurate representation of the real estate property and property owners within 375
750-foot radius of the external boundaries of the subject property to be demolished,and
to all occupants of properties within the 750-foot radius.This notice reflects the most
current records in the file in the Miami-Dade County Property Appraiser's office.The
information utilized herein is no more than six (6)months old from the date of the notice
of demolition."
(h)(g)Enforcement:Violations by a contractor or property owner of this section shall be
subject to the following fines.The special magistrate may not waive or reduce fines set
by this section.
(1)If the violation is the first violation:$2,500.00;
(2)It the violation is the second violation within the preceding 18 months:$7,500.00;
(3)If the violation is the third violation within the preceding 18 months:$12,500.00;
and
(4)If the violation is the fourth or greater violation within the preceding 18 months:
$20,000.00.
SECTION 2.REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3.SEVERABILITY.
If any section,subsection,clause,or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity.
SECTION 4.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 5.EFFECTIVE DA TE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of,2024
ATT EST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
Underline denotes new language
Strikethrough denotes removed language
(Sponsored by Commissioner Tanya K.Bhatt)
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
_B3)zez4
Date