92-2789 ORD
ORDINANCE NO.
92-2789
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 17B, ENTITLED IIPROPERTY MAINTENANCE
STANDARDSII, AMENDING SECTION 17B-29,
ENTITLED IIRESPONSIBILITIES 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 I' TEr~T ALIJ
OTHER UNSECURE OPENINGS BB SBCURED 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 fires 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 unimprove~ lots.
*
*
*
(i) Every owner of a building or structure that is vacant
and unoeoured 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 and Dealed with oonorete blook or other
materialD of the Damc durability as determined by the
Building Offioial as follows:
1) Ground ,_t'loq:r.. ~trance~,_ _ wil1dQws,_..,r,tnd other
openinqs shall be secured and sealed with concrete
block or other materials of the same durability as
determined by the Buildinq Official. For purposes of
this section the words "ground floor entrances" shall
include all openinqs which are readily accessible to
a person six (6) feet in height without use of a
ladder or other climbinq aid.
~ All other unsecure entrances. windows and
openings not covered bY paragraph 1) above shall be
secured bv wood or other similar materials approved by
the Buildinq Official.
Entrances a~d windows above
the qround floor shall be reqarded as secure if the
entrances are locked and not otherwise open to entry
and the windows contain qlass which is not cracked or
broken or shutters which prevent entry.
2
OFFICE OF THE CITY ATTORNEY
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POBOX 0
MIAMI BEACH. FLORIDA 33' '9.203=
iELEPHONE ,305, 673.7470
iELECOPV ,305,673.7002
LAURENCE FEINGOLD
COMMISSION MEMORANDUM NO:
~21-q2-
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 o. Kasdin and the Chamber of
Commerce Code Enforcement Committee.
Currently Miami Beach City 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.
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AGENDA
ITEM
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(- 22 - 9 J-
DATE
'~oo COI\JENilON CE.NEH DRIVE ~ FOURTh F~OOR - MIAMI BEACH FL.ORIDA 33139
II As an alternative to paragraphs 1) and 2). vacant
buildings and structures mav be secured in accordance
\
with a total building security plan if approved bv 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
, 1992.
ATTEST:
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1st reading 7/8/92
2nd reading 7/22/92
Requested by Vice Mayor Neisen Kasdin.
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FORM APPROVED
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