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2002-25032 Reso RESOLUTION NO. 2002-2.5032 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES", ARTICLE X, ENTITLED "HISTORIC PRESERVATION", DIVISION 2, ENTITLED "HISTORIC PRESERVATION BOARD REVIEW OF PROJECTS", BY AMENDING SECTION 118-532 TO CLARIFY AND EXPAND PROCEDURES FOR THE MAINTENANCE OF DESIGNATED PROPERTIES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach wishes to preserve its unique architectural history and to maintain the structural, historical and architectural integrity of existing structures in the City's designated historic districts and sites; and WHEREAS, the City of Miami Beach desires to refine, clarify, expand and enhance existing procedures of the Historic Preservation Board, the Planning Department and the Building Department regarding the maintenance of designated properties in order to preserve the historical and architectural integrity and character of the City; and, WHEREAS, the City Commission deems it appropriate for the public health, safety and welfare, and to protect the architectural history of Miami Beach to revise procedures and regulations addressing demolition by neglect. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first reading shall be held on November 13, 2002, to consider the proposed Ordinance Amendment revising procedures and regulations protecting against demolition by neglect for properties located within historic districts, in the City Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida, and the City Clerk is hereby authorized and directed to publish and distribute e appropriate public notice of said public hearing at which time all interested parties will be hr. PASSED and ADOPTED this 23rd day of ,2002. J'fuM ( ~tLt ~ CI CLERK MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTI N: /0. -02.- DATE CI T:\AGENDAI2002\OCT2302\REGULARIDEMONEGLECT-PHRESO.DOC CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: Setting of Public Hearing - Ordinance amendment revising the demolition by neglect procedures of the Historic Preservation section of the City Code. Issue: The Administration is requesting that the Mayor and City Commission schedule a First Reading, Public Hearing for November 13, 2002, to consider a proposed Ordinance amendment revising the demolition by neglect procedures of the Historic Preservation section of the City Code. The proposed amendments, among other things, will provide for Minimum Maintenance Standards, as well as establish revised enforcement provisions of the minimum maintenance standards, by providing for the City to seek a court action requiring that a property owner undertake any necessary remedial work to stabilize and secure an affected structure. Item SummarY/Recommendation: Adopt the Resolution scheduling a First Reading, Public Hearing on November 13, 2002. Advisorv Board Recommendation: The proposed Ordinance was reviewed by the Historic Preservation Board on July 9'", 2002 and was transmitted by the Planning Board with a favorable recommendation on September 24, 2002. Ci Clerk's Office Le islative Trackin Jorge Gomez / Tom Mooney Financial Information: Amount to be expended: D Finance Dept. Source of Funds: AGENDA ITEM DATE C:7cX /O~3-o2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 WNW.ci.miami-beach.fl.us COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez '\ ~ City Manager (f U Setting of Public Hearing - Demolition by Neglect Procedures Date: October 23, 2002 To: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES", ARTICLE X, ENTITLED "HISTORIC PRESERVATION", DIVISION 2, ENTITLED "HISTORIC PRESERVATION BOARD REVIEW OF PROJECTS", BY AMENDING SECTION 118-532 TO CLARIFY AND EXPAND PROCEDURES FOR THE MAINTENANCE OF DESIGNATED PROPERTIES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Administration is requesting that the Mayor and City Commission schedule a First Reading, Public Hearing for November 13, 2002, to consider an Ordinance amendment revising demolition by neglect procedures for structures located within historic districts. The proposed Ordinance was reviewed by the Historic Preservation Board on July 9th, 2002 and was transmitted to the City Commission by the Planning Board with a favorable recommendation on September 24,2002. The following is a summary of the proposed changes: . A specific definition for "Demolition by Neglect" has now been provided for in the Code. . Specific "Minimum Maintenance Standards", as well as an "Intent" have now been provided. The minimum maintenance standards are very specific as to what will constitute demolition by neglect. . The notice provisions and the actions that can be taken by the City have been modified Page 2 of 2 October 23, 2002 Setting of Public Hearing - Demolition by Neglect to address the legal boundaries of what the City can do and to what extent the Building Official can enforce a demolition by neglect policy. Because the City faces certain constraints from a liability standpoint, it becomes difficult for the Building Official to order work on private property, other than the boarding and sealing of a structure, or the emergency demolition of a structure. . The Building Official and the City cannot oversee or take responsibility through a third party (such as a contractor hired by the City) the structural shoring or stabilization of a private building. Therefore, in order to enforce the provisions of the minimum maintenance standards, the proposed ordinance calls for the City to seek a court action requiring that the property owner undertake the necessary remedial work to stabilize and secure an affected structure. . The procedures for vacated buildings and structures have been streamlined and simplified. . A prohibition of variances from the demolition by neglect section of the code has now been provided, to prevent unnecessary delays of enforcement. CONCLUSION The Administration recommends that the Mayor and City Commission adopt this resolution scheduling a First Reading, Public Hearing for November 13, 2002, to consider the propo~:nance Amendment. JMGif6b\TRM T:\AGENDA\2002\OCT2302\REGULARIDEMONEGLECT -PHMEM.DOC