Ordinance 2018-4219 Demolition Notice Ordinance
ORDINANCE NO. 2018-4219
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14,
ENTITLED "BUILDING REGULATIONS," OF THE CITY CODE BY
AMENDING DIVISION 2, CREATING A NEW SECTION 14-421,
ENTITLED "NOTICE OF DEMOLITION TO AFFECTED PERSONS;" IN
ORDER TO PROVIDE FOR NOTICE TO AFFECTED PERSONS WHEN
THE CITY ISSUES A DEMOLITION PERMIT FOR STRUCTURES THAT
ARE THREE (3) OR MORE STORIES; PROVIDING FOR PENALTIES;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
APPLICABILITY; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 14, entitled "Building Regulations" provides the authority of
the City to regulate Buildings, Structures and Unsafe Structures; and
WHEREAS, in order to ensure that surrounding properties potentially affected by
a proposed demolition are properly aware of an active demolition site, the City proposes
the following amendment to Chapter 14 of the City Code; and
WHEREAS, the City of Miami Beach desires to amend Chapter 14, to amend
Division 2, of the City Code, to create new Section 14-421, entitled "Notice of Demolition
to Affected Persons," which section shall provide notice procedures to affected persons
when the City issues a demolition permit for that is for three (3) or more stories; and
WHEREAS, the amendments set forth below 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. Chapter 14 of the City Code, entitled "Building Regulations," Division 2,
entitled "Demolition," is hereby amended by creating a new Section, entitled "Notice of
Demolition to Affected Persons," as follows:
* *
CHAPTER 14
BUILDING REGULATIONS
DIVISION 2. -RESERVED DEMOLITION
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Sec. 14-421. Notice to Demolition to Affected Persons.
(a) Prior to demolition of any building, facility or orther structure, consisting of three
(3) 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, ten (10) calendar days prior to the start of work to demolish such building
facility or other structure, for which a city demolition permit is required.
(b) For purposes of this section, an "affected person" shall be defined as any
property owner within a 375 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 (6) 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.
(d) At least 10 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 propertyl. 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:
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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 foot radius of the external boundaries of
the subject property to be demolished. 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) Enforcement:
Violations by a contractor or property owner of this section shall be subject to the
following fines. The special master may not waive or reduce fines set by this section.
(1) If the violation is the first (1st violation $ 2,500.00'
(2) If the violation is the second (2"") violation
within the preceding 18 months $ 7,500.00.
(3) If the violation is the third (3r°) violation
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within the preceding 18 months $12,500.00.
and
(4) If the violation is the fourth (4th) or greater
violation within the preceding 18 months $20,000.00.
* * *
Sec 14-422 through 14-440 Reserved.
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. 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 re-numbered or re-lettered 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. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption./ /
PASSED and ADOPTED this /7 day of OCTIIOP/�,^�20'�18.
ATTEST:
Dan Gelber, Mayor
V 3c I , 4;0.....B.!-9 St
Rafa-I E. Granado, City C erk ��;•.C _ .^
APPROVED AS TO
`' �- -_ FORM & LANGUAGE
First ReadSecond
Reading: r �L Dap DPATEDI
E-11 * & FOR EXECUTION
Second Reading: � �
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(Sponsor: Commissioner Michael G6n49 city pa,r„By, Date
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Ordinances - R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: October 17, 2018
10:25 a.m. Second Reading Public Hearing
SUBJECT: DEMOLITION NOTICE ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14, ENTITLED "BUILDING
REGULATIONS," OF THE CITY CODE BY AMENDING DIVISION 2, CREATING A
NEW SECTION 14-421, ENTITLED "NOTICE OF DEMOLITION TO AFFECTED
PERSONS;' IN ORDER TO PROVIDE FOR NOTICE TO AFFECTED PERSONS
WHEN THE CITY ISSUES A DEMOLITION PERMIT FOR STRUCTURES THAT
ARE THREE (3) OR MORE STORIES; PROVIDING FOR PENALTIES; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
Please see memorandum attached.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Michael Gongora
ATTACHMENTS:
Description
❑ Memo
❑ Demolition Notice Ord.
Page 690 of 1637
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Michael G6ngora
DATE: October 17, 2018
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14, ENTITLED "BUILDING
REGULATIONS" OF THE CITY CODE BY AMENDING DIVISION 2, CREATING A
NEW SECTION 14-421, ENTITLED "NOTICE OF DEMOLITION TO AFFECTED
PERSONS;" IN ORDER TO PROVIDE FOR NOTICE TO AFFECTED PERSONS
WHEN THE CITY ISSUES A DEMOLITION PERMIT FOR STRUCTURES THAT ARE
THREE (3) OR MORE STORIES; PROVIDING FOR PENALTIES; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
In order to ensure that surrounding properties potentially affected by a proposed demolition are
properly aware of an active demolition site, the City proposes the following amendment to Chapter 14
of the City Code.
For all structures that are three (3) or more stories and that are slated for demolition, the contractor or
property owner of the property to be demolished shall be required to provide prior written notice to
affected persons. For these purposes, an "affected person" is a property owner within 375 feet of the
demolition permit. The notice shall be mailed to affected persons and shall be posted in a
conspicuous location on the building or structure that has obtained a demolition permit. Moreover, all
property owner shall be the taxpayer, as reflected in the certified real property ad valorem tax roll of
Miami-Dade County; 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.
The contractor or property owner of the property to be demolished shall provide an affidavit to the
Building Official, swearing or affirming, under oath, to having mailed out the required notice of
demolition. The contractor or property owner would certify that the attached ownership list, map and
mailing labels are a complete and accurate representation of the property owners within a 375 feet
radius of the external boundaries of the proposed property to be demolished.
Page 691 of 1637
Commission Memorandum
Second Reading/Public Hearing of Amendment to Chapter 14 relating to demolition
October 17. 2018
Failure to comply with the noticing requirements shall result in an enforcement action. Violations by a
contractor or property owner of this section shall be subject to the following fines. The special master
may not waive or reduce fines set in the Code. The proposed fines are as follows:
(1) If the violation is the first violation $ 2,500.00;
(2) If 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; and
Recommendation: Approve on second reading/public hearing.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Michael Gongora
Page 692 of 1637