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Ordinance 92-2789 ORDINANCE NO. 92-2789 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 17B, ENTITLED ',PROPERTY MAINTENANCE STANDARDS", AMENDING SECTION 17B-29, ENTITLED "RESPONSIBILITIES OF OWNERS OF VACANT BUILDINGS, VACANT STRUCTURES AND VACANT OR UNIMPROVED LOTS", BY REQUIRING THAT ALL FIRST FLOOR AND READILY ACCESSIBLE OPENINGS IN VACANT BUILDINGS AND STRUCTURES BE SECURED BY CONCRETE BLOCK, TYA'!' ALL OTHER UNSECURE OPENINGS BE SECURED BY WOOD, OR THAT OTHER SIMILAR MATERIALS OR METHODS APPROVED BY THE BUILDING OFFICIAL BE USED FOR SECURING SUCH PROPERTIES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 16, 1990 Ordinance No. 90-2682 was adopted, which required that all first floor openings in vacant buildings and structures be secured; and WHEREAS, the City Commission believes that in order to reduce the risk of fires caused by the use by trespassers of unsecured or inadequately secured vacant buildings and structures, it is necessary to require that all openings throughout such buildings and structures be properly secured; and WHEREAS, the adequate securing of vacant buildings and structures will also prevent the use of such premises as havens for criminal activity; and WHEREAS, the City Commission believes that the requirements set forth herein will also prevent "demolition by neglect" which occurs when historic buildings are left open to the elements and to destruction by fires and vandalism; and WHEREAS, in order to provide for the safety of fire- fighters who are attempting to extinguish ;-fres in vacant buildings and structures, the City' s Fire Chief has recommended that openings above the first floor be secured by wood or other like materials which can be readily removed by fire-fighters. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF SECTION 17b-29 That Section 17B-29 of Miami Beach City Code Chapter 17B, entitled "Property Maintenance Standards" is hereby amended as follows: Section 17B-29. Responsibilities of owners of vacant buildings, vacant structures and vacant or unimproved lots. (i) Every owner of a building or structure that is vacant and-unoccured shall secure and maintain in secure condition all ground floor entrances and all other openings of said building or structure including, but not limited to, windows and doorways. Such vacant building or structure shall be secured - • - - - - - - - - - materialo of the oame durability as determined by the Building Official as follows: 1) Ground floor entrances: windowsand other openings shall be secured and sealed with concrete block or other materials of the same durability as determined by the Building Official . For purposes of this Section the words "ground floor entrances" shall include all openings which are readily accessible to a person six (6) feet in height without use of a ladder or other climbing aid. 2) All other unsecure entrances, windows and openings not covered by paragraph 1) above shall be secured by wood or other similar materials approved by the Building Official. Entrances and windows above the ground floor shall be regarded as secure if the entrances are locked and not otherwise open to entry_ and the windows contain glass which is not cracked or broken or shutters which prevent entry. 2 I OFFICE OF THE CITY ATTORNEY 624 oni F L 0 R I D A I.coerpaetD)*' P O BOX 0 LAURENCE FEINGOLD A5 �:: y CITY ATTORNE' H16 MIAMI BEACH.FLORIDA 33'19-2032 TELEPHONE(305,673-7470 TELECOPY 13051 673-7002 COMMISSION MEMORANDUM NO: Li z I -9 Z DATE: JULY 8, 1992 TO: MAYOR SEYMOUR GELBER AND MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON FROM: LAURENCE FEINGOLD CITY ATTORNEY - SUBJECT: ORDINANCE STRENGTHENING REQUIREMENTS FOR SECURING VACANT PROPERTIES The City Attorney's Office drafted this ordinance strengthening the requirements for securing vacant properties at the request of Vice Mayor Neisen 0. Kasdin and the Chamber of Commerce Code Enforcement Committee. Currently Miami Beach Ciry Code Section 17B-29 requires that unsecured first floor entrances and openings of vacant buildings be secured by concrete block or other similar materials as determined by the Building Official . This ordinance amends Section 17B-29 by requiring that all ground floor and readily accessible openings and entrances of vacant buildings be secured by concrete block or other materials approved by the Building Official. The amendment also requires that openings above the ground floor which are unsecured (those having broken window glass and no shutters to prevent entry) must be secured by wood or similar material approved by the Building Official. As an alternative to the requirement of securing vacant buildings with block and wooden boards, the amendment permits the property owner to present another plan for ensuring the security of the building which may be used if approved by the Building Official . LF:SWS: scf secprop.cm 5 AGENDA TEM_R, __� DATE 00 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139 3) As an alternative to paragraphs 1) and 2) , vacant buildings and structures may be secured in accordance with a total building security plan if approved by the Building Official . (j ) All materials used to secure a vacant building or structure shall be painted in a workmanlike fashion in the same color as its other exterior walls. SECTION 2 . REPEALER., All Ordinances or parts of Ordinances 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 . EFFECTIVE DATE. This Ordinance shall take effect on the 1st day of August , 1992 . PASSED and ADOPTED this 22nd day of Jul Adlik , 1992 . 1111 ATTEST: I, - - MAYOR CITY CLER Q � te2tet O . 1st reading 7/8/92 2nd reading 7/22/92 Requested by Vice Mayor Neisen Kasdin. SWS:scf\disk3\vacbldgs.ord FORM APPROVED LEGAL Dr )1". By "41. c , Date a • 3 - r-1 -� Cl) C v a..1 ,x ami C 4J C C 0 cci 011 cq ca r\I cd bO r-1 (3) ri u N U C/) ✓ '0 0 410 4-1 U) /�i U) a) •r I •r-1 a) bO .0 (1) (NI a) v 4-1 CO }a CO CO }.a 0 3-1 Ch 'C C) 0 •H U) U •r3 a�4) 'd )4 O G U) 0 a) CO 0 0 ,.t~ a) 0 • U Cd W a) a' U bO O Q) 4-1 P 4-1 O '10 }1 }a a) U >~ u a O O z +� Zvi ° 1.1 a tea) •r-1 a +J 3 u r-♦ n v m a m :74 - .0 t4-1 . 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