Ordinance 2020-4345 ORDINANCE NO. 2020-4345
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING SUBPART A, ENTITLED
"GENERAL ORDINANCES," BY AMENDING CHAPTER 58, ENTITLED
"HOUSING," BY AMENDING ARTICLE III, ENTITLED "PROPERTY
MAINTENANCE STANDARDS," DIVISION 1, "GENERALLY," SECTION
58-180, "DEFINITIONS," AND BY CREATING DIVISION 4, ENTITLED
"ABANDONED AND VACANT PROPERTIES REGISTRY," TO CREATE
THE CITY'S VACANT AND ABANDONED PROPERTIES REGISTRY
AND ESTABLISH APPLICABLE REQUIREMENTS; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS,the City of Miami Beach("City')has the authority to enact laws which promote
public health, safety and general welfare of its citizens; and
WHEREAS, the City has determined that the presence of abandoned and vacant
properties poses a health and safety risk to the citizens of Miami Beach; and
WHEREAS, the City finds that the detrimental effects of abandoned properties include
neighborhood decline, attractive public nuisance, mosquito and animal control problems, and
increased crime; and
WHEREAS, the City additionally finds that abandoned properties contribute to the
degradation of the character and quality of the City's local historic districts and pose a threat to
the retention of historically and architecturally significant buildings.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 58, entitled "Housing," of the Code of the City of Miami Beach, Florida, is
hereby amended as follows:
CHAPTER 58
HOUSING
* * *
ARTICLE III. PROPERTY MAINTENANCE STANDARDS
DIVISION 1. Generally
Sec. 58-180. Definitions.
In construing the provisions of this article, where the context will permit and no definition is
provided in this section, the definitions provided in chapter 4 of the South Florida Building Code
shall apply. The following words, terms and phrases, when used in this article, shall have the
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meanings ascribed to them in this section, except where the context clearly indicates a different
meaning. Whenever the terms "apartment hotel," "building," "commercial building,"
"cooperative apartment building," "dwelling," "dwelling unit," "hotel," "hotel unit,"
"condominium,"
"premises," "rooming house," and "rooming unit" are used in this article, they shall be construed
as though they were followed by the words "or any part thereof."
Abandoned means the state of any real property that is vacant and/or under a public notice
of default, notice of mortgagee's sale, pending tax assessor's lien sale, and/or that has been the
subiect of a foreclosure sale where title is retained by the mortgagee including any property
transferred under a deed-in-lieu of foreclosure sale, a short sale, or any other legal means to the
mortgagee.
•
Accessible means a property, structure or building that is unsecured and/or breached in
such a way as to allow access by trespassers, criminals, or other unauthorized persons.
Enforcing officer or enforcement officer _ _ • ••. ._ • •- - •• _. . . . _ ."
means any law enforcement officer, building inspector, building official, fire inspector or code
enforcement officer employed by the City of Miami Beach.
Evidence of vacancy means any condition that on its own or combined with other
conditions present would lead a reasonable person to believe that the property is vacant. Such
conditions may include, but are not limited to: overgrown and/or dead vegetation; electricity,water
or other utilities turned off; a stagnant swimming pool; statements by neighbors, passers-by,
delivery agents, or government agents; accumulation of abandoned personal property; and/or a
readily accessible residence, structure and/or building on the property.
* * *
Mortgagee means the creditor, including, but not limited to, a service company, lender in
a mortgage agreement, and any agent, servant, employee of the mortgagee, or any successor in
interest and/or assignee of the mortgagee's rights, interests, or obligations under a mortgage
agreement. For the purpose of this division, real estate brokers and agents, solely marketing
and/or selling real property on behalf of a mortgagee, shall not be considered an agent, servant,
or employee of the mortgagee.
* * *
Nuisance means any condition, including, but not limited to, an abandoned, unsafe, or
accessible residence, building, structure, or real property with code violations that constitute a
menace to life, property, public health, or the public welfare, or create a fire hazard; or any
conditions that constitute an attractive nuisance or otherwise endanger the public's safety while
in the vicinity thereof.
* * *
Owner or property owner means any person who individually or jointly or severally with
others holds the legal or beneficial title to any building, facilities, equipment or premises subject
to the provisions of this article, including a person shown to be the property owner in the records
of the Miami-Dade County Property Appraiser's Office. The term shall include the owner's duly
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authorized agent, a purchaser, devisee, fiduciary, property holder or any other person having a
vested or contingent interest or, in the case of a leased premises, the legal holder of the lease or
his legal representative. It is intended that this term shall be construed as applicable to the person
responsible for the construction, maintenance and operation of the building, facilities or premises
involved.
Property management company means a local property manager, property maintenance
company, or similar person or entity responsible for the maintenance and security of abandoned
or vacant real property.
* * *
esetipan
sy, - -- - - -Vacant means any real property, including any building or structure thereon, that is not
lawfully occupied or inhabited by human beings as evidenced by the conditions set forth in the
definition of evidence of vacancy above.
Secs. 58-303-58-335319. Reserved.
DIVISION 4. ABANDONED AND VACANT PROPERTIES REGISTRY
Sec. 58-320. Public nuisance. .
Abandoned and/or vacant real property, which is unmaintained or unsecured, is hereby declared
to be a public nuisance, the abatement of which pursuant to the police power is hereby declared
to be necessary for the health, safety and welfare of the residents of the City of Miami Beach.
Sec. 58-321. Applicability.
The provisions of this division shall apply to any abandoned and/or vacant real property that is
located within a local historic district in the City of Miami Beach.
Sec. 58-322. Administration and enforcement.
Within 15 days after a property has become abandoned or vacant, as defined in this article,
the property owner and/or mortgagee shall register such property with the City's Finance
Department, to be included on the City's Abandoned and Vacant Properties Registry,
pursuant to the requirements of this division.
The failure of a property owner and/or mortgagee to (i) properly register a property
pursuant to this division, (ii) amend the property's registration from time to time to reflect
a change in circumstances, or(iii) comply with any other requirement of this division, is a
violation of this article and shall be subject to the enforcement and penalty provisions in
division 2 of this article.
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Sec. 58-323. Registration requirements.
The following requirements shall apply to the property owner and/or mortgagee of any abandoned
and/or vacant real property subject to the requirements of this division:
A nonrefundable annual registration fee in the amount of two hundred dollars ($200) per
property shall be paid.
In addition to the annual registration fee, a nonrefundable annual fee of thirty cents($0.30)
per square foot of a building or structure shall be paid for any building or structure that
exceeds three (3) stories in height.
Lc) The term of each property's annual registration shall correspond with the City's fiscal year
(i.e. between October 1st and September 30th of each year). Any renewal of a property's
registration, along with payment of the annual registration fee, shall be completed prior to
October 1st of each year.
A failure to register a property, renew a registration, or pay any required fees in a timely
manner shall be a violation of this division.
(p) Properties subject to this division shall be maintained in accordance with all applicable
provisions of this article.
Properties subject to the provisions of this division shall be posted with the name, address
and 24-hour contact phone number of the applicable owner, mortgagee, and/or property
management company. The posted sign shall be no less than eighteen (18) inches by
twenty-four(24)inches in size, and shall be of a font that is legible from a distance of forty-
five (45)feet. The posting shall also contain the following statements: "THIS PROPERTY
IS MANAGED BY," and "TO REPORT PROBLEMS OR CONCERNS," followed by the
applicable contact information. All information thereupon shall be clear, legible, and
updated as required.
Sec. 58-324. Responsibility for compliance.
Laj It shall be the responsibility of the owner and/or mortgagee to maintain a property in
accordance with the property maintenance standards and other applicable provisions
of this article.
() Notwithstanding the foregoing, a mortgagee shall only be required to comply with the
provisions of this division during periods of time when the property is vacant and the
subject of foreclosure proceedings, unless or until the property is sold or transferred
to a new owner, or any foreclosure proceedings have terminated.
Sec. 58-325. Additional authority.
fA) If an enforcement officer has reason to believe that a property subject to the provisions
of this division poses a serious threat to the public health, safety, and welfare, and in
addition to any other enforcement remedies available under the provisions of this
article, the enforcement officer may bring the violation before the code enforcement
special master, or a court of competent jurisdiction, in order to address or abate the
conditions of the property.
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(b) Upon a finding that the condition of the property poses a serious threat to the public
health, safety and welfare, the code enforcement special master may direct the City to
abate the violation and charge the mortgagee with the costs associated with the
abatement.
Lq), If the mortgagee does not reimburse the City for the cost of abatement within thirty
(30) days of the City's issuance of the invoice to the mortgagee, then the City may
record a lien against the property for the cost of abatement, along with any and all
administrative fees allowed by law, to recover the City's costs.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on October 1, 2020.
PASSED AND ADOPTED this of day of g4/ , 2020.
ATTEST:
Dan Gelber
ilbG 3, 2cn.d Mayor
Rafael E. Granado
City Clerk -'M. APPROVED AS TO FORM AND
-`
V '� LANGUAGE AN FOR EXECUTION
' 1I11CORWRATED
City Attorney NV__ Date
Underline denotes additions
Striketlarough denotes deletions
First Reading: June 24, 2020
Second Reading: July 29, 2020
T:\Agenda\2020\06 June\Planning\Vacant and Abandoned Properties Registry-First Reading ORD.docx
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Ordinances-R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 29,2020
9:15 a.m. Second Reading Public Hearing
SUBJECT:BUILDING REGISTRY
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING SUBPART A, ENTITLED "GENERAL
ORDINANCES," BY AMENDING CHAPTER 58, ENTITLED "HOUSING," BY
AMENDING ARTICLE III, ENTITLED "PROPERTY MAINTENANCE
STANDARDS," DIVISION 1, "GENERALLY," SECTION 58-180,
"DEFINITIONS," AND BY CREATING DIVISION 4, ENTITLED
"ABANDONED AND VACANT PROPERTIES REGISTRY," TO CREATE THE
CITY'S VACANT AND ABANDONED PROPERTIES REGISTRY AND
ESTABLISH APPLICABLE REQUIREMENTS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On July 17, 2019, at the request of Commissioner Ricky Arcola, the City Commission referred
the discussion item to the Land Use and Development Committee (Item C4 0). The item was
discussed at the September 18, 2019 LUDC meeting, and continued to the October 30, 2019
meeting with the following direction:
1. The administration and City Attorney's office will research and provide recommendations
regarding a process for imposing proportional fines, development and use reductions, and
building registrations.
2. The administration will bring a discussion item to the October 8, 2019 meeting of the Historic
Preservation Board for recommendations on posting unsafe structures on the city's website.
On October 30, 2019,the item was discussed and continued to the December 2, 2019 LUDC,
with the following direction:
1. The administration and the City Attorney will further evaluate the recommendations noted in
the LUDC memo regarding proportional fines and building registry, as well as creating a
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process for as-built drawings of contributing structures.
2. Recommend that the City Commission refer the proposed amendment to chapter 118, article
X, pertaining to a presumption clause,to the Planning Board.
3. The addresses of properties that have both an active unsafe structures violation and have
been referred to the Miami-Dade County Unsafe Structures Board by the Building Official will
be posted on the City website. This list shall be posted within the Building Department
webpage, and the Planning Department webpage shall contain a direct link.
The December 2, 2019 LUDC meeting was cancelled, and the item was moved to the January
21, 2020 agenda of the newly created Land Use and Sustainability Committee. On January 21,
2020 the item was continued to the February 18, 2020 LUSC meeting. On February 18, 2020
the item was continued to March 17,2020.The March 17, 2020 was cancelled and the item was
moved to the May 6, 2020 LUSC agenda.
On May 6, 2020 the LUSC discussed the attached ordinance and recommended that the City
Commission move forward and adopt the legislation.
ANALYSIS
PLANNING AND LEGAL ANALYSIS
On October 8, 2019, the Historic Preservation Board discussed the matter and recommended
that the City begin the process of posting the addresses of properties that have an active unsafe
structures violation and have been referred to the Miami-Dade County Unsafe Structures Board
by the Building Official on the City website. The Board also recommended that this information
be available on either the Building Department or Planning Department page.
Planning staff and the City Attorney's office have researched and discussed options to address
demolition by neglect in historic districts. The following is a summary of these efforts:
1. Fines. The way properties are currently fined is general and not specific to the size of the
building. The administration and the City Attorney's office have researched the concept of
proportional fines and it appears that it is not pre-empted under State law. The administration
and the City Attorney are exploring potential amendments that would result in more proportional
fines for larger buildings.
2. Building Registry. The Building Department is researching and evaluating a method to
establish a building registry process.
The administration has reviewed a model building registry ordinance from the City of Riviera
Beach, as well as an updated list of abandoned commercial properties in the City.Attached is a
map and list of properties in the City with vacant buildings to assist with determining appropriate,
proportional fees.
The attached draft ordinance would amend chapter 58 of the City Code and create a building
registry process specific to Miami Beach. The following is a summary of the key points of the
proposed ordinance:
• Terms specific to the proposed Abandoned and Vacant Properties Registry have been
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defined.
• Division 4 has been created within chapter 58, establishing an Abandoned and Vacant
Properties Registry.
• Applicability: Ail properties within a locally designated historic district are subject to the
Abandoned and Vacant Properties Registry. Specifically, within 15 days after a property has
become abandoned or vacant, property owner of record and/or mortgagee shall register such
property with the Finance Department.
• Detailed registration requirements have been developed. This includes a nonrefundable
annual registration fee in the amount of two hundred dollars ($200) per property, as well as a
nonrefundable annual fee of thirty cents ($0.30) per square foot shall be paid for any building or
structure that exceed three (3) stories. This tiered approach to assessing fees will have a
greater impact on larger structures,which are typically more vulnerable to demolition by neglect.
•A responsibility for compliance section is established, requiring that is the responsibility of the
owner to maintain the property in accordance with the provisions in this article.
The administration believes that the proposal herein will create a fair and transparent process for
tracking at risk properties within the City's local historic district. Additionally, it will allow for the
City to proactively monitor the conditions of the structures, and better enforce the demolition by
neglect section of the City Code.
UPDATE
The subject ordinance was approved at first reading on June 24, 2020,with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
o Ordinance
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