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Ordinance 2022-4474 • ORDINANCE NO. 2022-4474 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," BY AMENDING DIVISION 2, "40-YEAR BUILDING RECERTIFICATION PROGRAM," SECTION 14-67, REQUIRING COURTESY NOTIFICATION TO BUILDING OWNERS AT LEAST TWO (2) YEARS PRIOR TO THE ANNIVERSARY OF THEIR RECERTIFICATION AS REQUIRED BY SECTION 8-11(f) OF THE MIAMI-DADE COUNTY CODE AND SECTION 14-67 OF THE CITY CODE,ADDING A REQUIREMENT FOR BUILDING OWNERS TO SUBMIT AN ANNUAL BUILDING MAINTENANCE LOG TO THE BUILDING DEPARTMENT, ESTABLISHING AN INCENTIVE PROGRAM FOR TIMELY ANNUAL BUILDING MAINTENANCE LOG SUBMISSIONS, AND REVISING THE HEADING OF SECTION 14-67 OF THE CITY CODE TO "BUILDING RECERTIFICATION PROGRAM"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS,the City of Miami Beach has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, per Miami Dade County Code, a building is required to obtain recertification of its structural and electrical components calculated from the date of its initial occupancy; and WHEREAS, Miami-Dade County is in the process of reducing the length of time for the beginning of the building recertification process in accordance with the Final Report of the Miami-Dade County Grand Jury Report filed on December 15, 2021; and WHEREAS,the City of Miami Beach agrees with the recommendation contained in the Miami-Dade County Grand Jury Report filed on December 15, 2021 that by providing courtesy notices to building owners at least two (2) years prior to the anniversary date of their recertification and well as providing an additional courtesy notice at least one (1) year prior to the anniversary date of their recertification; and a final notice ninety (90) days prior to the anniversary dated of their recertification due date; and WHEREAS, any building or structure except single-family residence, duplexes, and minor structures defined as having an occupancy load of ten (10) or less, as determined by Table 1003.1 (FBC)Minimum Occupancy Load of the Florida Building Code and having a gross area of 2,000 sq. ft. or less, are subject to the recertification process as set forth in section 8- 11(f) of the Miami-Dade County Code and section 14-67 of the City Code; and 1 WHEREAS, the Miami-Dade County Grand Jury Report filed on December 15, 2021 further recommends that maintenance logs be submitted to municipalities on a yearly basis; and WHEREAS, revising the title of section 14-67 from "40 Year Recertification Program" to "Building Recertification Program" would avoid any confusion that recertification not only applies to the initial 40-year recertification but as well to the subsequent recertification at ten (10) year intervals thereafter. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1, Chapter 14, Article II, of the Code of the City of Miami Beach is hereby amended as follows: * * * Sec. 14-67. Fort,-�•year bBuilding recertification program. (a) There shall be a fee per building as specified in appendix A for the 4 building recertification program, as required under Miami-Dade County Code Chapter 8, Section 8-11(f) and as said section may be amended from time to time. A six-month extension for building recertification may be granted by the building official. An extension fee as specified in appendix A shall be assessed. (b) If a building has not been recertified in the time limitation established by the county code section referred to in subsection (a), a late compliance fee as specified in appendix A shall be paid in addition to the regular recertification fee. This fee shall also apply if the building is declared unsafe and posted and the time limitation for the requirement of a new inspection and report does not apply. However, if the building has an open permit for complete alteration and remodeling, and the building is not currently occupied, the late fee will be waived if the recertification report is included at the time of the application for the certificate of occupancy or completion. (c) When the building recertification process has not been completed for a particular building within the maximum time limitations established by the county ordinance, a notice of violation shall be issued. If the process is not completed within 45 days of the notice of violation date, the building shall be declared unsafe and vacated at owner's expense. The building shall remain secured while vacant. If the recertification is not complete within 90 days of the date when the building was declared unsafe a new inspection report with a 2 new fee as specified in appendix A shall be processed before the building can be declared safe for occupancy. (d) Courtesy notices to building owners will be provided to building owners at least two (2)years prior to the anniversary date of their recertification as well as providing an additional courtesy notice at least one (1) year prior to the anniversary date of their recertification; and a final notice ninety (90) days prior to the anniversary dated of their recertification due date. The failure to provide the courtesy notices does not waive or release the building owner's obligation to comply with building recertification requirements. in accordance with all applicable state, county and municipal laws. (e)All building owners of buildings greater than 5 floors are required to submit a earl maintenance log on all routine structural repairs must be submitted annually to the Building Department on a standard form provided by the Building Department. Building owners shall submit their annual maintenance logs by the deadlines corresponding with their building address, as follows: 1) North Beach (north of 63rd Street). addresses ending in an odd number shall submi their annual maintenance logs by January 31st of each year: 2) Mid Beach addresses ending in an odd number shall submit their annual maintenance logs by March 31st of each year: 3) South Beach (south of Dade and 23rd)addresses ending in an odd number shall submit their annual maintenance logs by May 31st of each year: 4) North Beach addresses ending in an even number shall submit their annual maintenance logs by July 31st of each year; 5) Mid Beach addresses ending in an even number shall submit their annual maintenance logs by September 30th of each year: and 3 6) South Beach addresses ending in an even number shall submit their annual maintenance logs by November 31st of each year. Late and incomplete forms will be assessed a late fee after a 30-day notice as specified in the Appendix A -Fee schedule. The failure of the building owner to timely submit a yearly maintenance log does not relieve or alter a property owner's obligation to maintain its property in accordance with all applicable state, county and municipal laws. Building owners of buildings less than 5 floors are not required to submit a yearly maintenance log on all routine structural repairs. However, building owners that voluntarily elect to submit their annual maintenance logs shall qualify for the incentive discounts set forth in subsections (f) and (g) of this section. (f) All building owners that timely satisfy the requirements of subsection (e) shall be eligible for a discount off their 30 year recertification fee. with the discount consisting of 1.25% for each year the building owner timely submitted the maintenance logs required by subsection (e). with the cumulative discount not to exceed 37.5%. .(g) All building owners that timely satisfy the requirements of subsection (e) shall be eligible for a discount off any 10 year recertification fee, with the discount consisting of 3.75% for each year the building owner timely submitted the maintenance logs required by subsection (e), with the cumulative discount not to exceed 37.5%. (h) The Building Department shall develop a standard operation procedure to educate and advise property owners of this section and develop a waiting period prior to enforcement of this section. which shall commence on January 2, 2024. * * * 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 Mayor and 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 re-lettered to accomplish 4 such intention; and that the word "ordinance" may be changed to "section," "article," 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 9 day of Mara% , 2022. ATTEST: MAR 1 4 �022 Dan Gelber, Mayor Rafael E. Granado, City Clerk 1NIORP)ORWTED' (Sponsored by Commissioner Alex J. Fernandez) Underline denotes additions Pik ough denotes deletions Double Underline denotes additions made after First Reading denotes deletions after First Reading APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney\tt Date 5 • Ordinances -R5 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T. Hudak, City Manager DATE: March 9, 2022 10:10 a.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," BY AMENDING DIVISION 2, "40-YEAR BUILDING RECERTIFICATION PROGRAM," SECTION 14-67, REQUIRING COURTESY NOTIFICATION TO BUILDING OWNERS AT LEAST TWO (2) YEARS PRIOR TO THE ANNIVERSARY OF THEIR RECERTIFICATION AS REQUIRED BY SECTION 8-11(F) OF THE MIAMI- DADE COUNTY CODE AND SECTION 14-67 OF THE CITY CODE,ADDING A REQUIREMENT FOR BUILDING OWNERS TO SUBMIT AN ANNUAL BUILDING MAINTENANCE LOG TO THE BUILDING DEPARTMENT, ESTABLISHING AN INCENTIVE PROGRAM FOR TIMELY ANNUAL BUILDING MAINTENANCE LOG SUBMISSIONS, AND REVISING THE HEADING OF SECTION 14-67 OF THE CITY CODE TO "BUILDING RECERTIFICATION PROGRAM"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the attached Ordinance. BACKGROUND/HISTORY On December 15, 2021 the Miami Dade County Grand Jury filed their final report on the Surfside condo collapse tragedy and their recommendations on making buildings safer. One recommendation stated the need for advance notice to building owners regarding their impeding recertification. Buildings which are required by county ordinance 8-11(f) to provide recertifications are given a notice of 90 days. There has been much concern that a 90-day notice does not allow a property enough time to contract with a licensed design professional who will be required to perform site inspections based on previous permitting documents and perform possible testing. There by the need to provide a prior notice to owner of their impeding recertification will help property owners plan their recertification and increase building safety. The Building department has already proactively provided prior notice to the buildings due for recertification this year and will be providing notice for those properties due for recertification in 2023. The Grand Jury also recommended that there be a 1-year and 2-year notice to the Page 266 of 874 • ' property to allow time for action prior to the 90-day posting. By codifying this notice to owners and detailing the method of notice there will be uniformity within the building department and will not rely on an internal policy. This mandated uniform method of notice will assist the condominium boards and management companies to better plan and prepare for the recertification process. Additionally, to assist with the recertification process and track the maintenance of buildings taller than 5 stories, the Building Department proposes to require the submission of an annual building maintenance log to the Building Department. This log will assist in tracking any repeated maintenance issues within a structure and assist in the data collection for the building recertification process by providing the Engineers with better data on routine building maintenance as part of the public record for the property. Both items were part of the recent Miami Dade County Grand Jury recommendations. Update after First Reading: On January 20, 2022, the Mayor and City Commission passed the draft ordinance on first reading with changes to the commencement of the maintenance log program to phase in the program to allow for an educational period for property owners. The Building Department shall develop a standard operating procedure to educate and advise property owners of this section and develop a waiting period prior to enforcement of this sections, which shall commence on January 2, 2024. Additionally, the City Attorney requested that language be included to further stipulate that failure to provide the courtesy notices does not waive or release the building owner's obligation to comply with building recertification requirements, in accordance with all applicable state, county and municipal laws. Further, the failure of the building owner to timely submit a yearly maintenance log does not relieve or alter a property owner's obligation to maintain its property in accordance with all applicable state, county and municipal laws. To incentivize buildings participation in this program, the City of Miami Beach has designed an incentive program. Buildings in compliance with the annual log will qualify for cumulative 1.25% off per year on their recertification fees, up to 37.5%, and 3.75% off per year for the 10-year recertification, up to 37.5%, when submitted and complete within the 90-day period as required by MDC 8-11(f). This log shall apply to all buildings greater than 5 stories. Buildings 5 stories or less shall qualify for the incentive program as per above but shall receive no fees in the event of noncompliance. ANALYSIS The Building Department has already begun the process of notification via mail to the property owner listed on the County Property Appraiser website, and to the mailing address listed for the site. The 2-year notice will be via e-mail (or equivalent electronic notification) and regular mail while the 1-year notice would be a posting, mail, and e-mail (or equivalent electronic notification) and the 90-day notice will require a letter via certified mail, a site posting and an e-mail (or equivalent electronic notification). The Building Department will work with the IT Department to develop a tracking system within the City's system "EnerGov" of annual maintenance activities for properties greater than 5 Page 267 of 874 • stories. The Building Department will provide training and notice to commercial property owners, condo boards and property management companies to provide ease of compliance. This submittal of maintenance logs would apply to all commercial, multifamily, and mixed-use buildings, over 5 stories in height. In order to provide the level of service and not affect all other processes or require too much additional staffing we propose staggering the due date for the submittal of the maintenance logs by North, Mid and South Beach beginning with odd property addresses. North Beach (north of 63rd Street)addresses ending in an odd number due January 31st Mid Beach addresses ending in an odd number due March 31st South Beach(south of Dade and 23rd)addresses ending in an odd number due May 31st North Beach addresses ending in an even number due July 31st Mid Beach addresses ending in an even number due September 30th South Beach addresses ending in an even number due November 31st SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION By staggering the due dates, the goal is to have as little impact on the staffing requirement by enacting this legislation and be better able to provide quick and uniform enforcement. Between the early notice and the notification of the need to submit the maintenance logs and training the expected fiscal impact would amount to 3/4 of a clerk, a code officer, as well as administrative and supervisory time which equate to approximately$80,000 per year. The positions needed for this work were already adopted in the FY 21/22 budget. We hope to offset the cost of these additional services with a modest increase to the building recertification fees from $612 to$950. Additionally, increasing the extension fee from $612 to $950 and the late fee for the recertification report from $306 to $1000, and the inclusion of a late fee for late submission of the annual structural maintenance log for buildings over 5 stories of $1000. A companion fee schedule ordinance to amend Appendix A is on today s agenda. 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 Strategic Connection Non-Applicable Legislative Tracking Building Sponsor Commissioner Alex Fernandez and Co-sponsored by Commissioner Mark Samuelian Page 268 of 874 ATTACHMENTS: Description © Ordinance Page 269 of 874