2010-27431 ResoRESOLUTION NO. 2010-27431
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE BOARD OF
COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, TO
AMEND CHAPTER VIII OF THE MIAMI-DADE COUNTY CODE TO
AUTHORIZE THE CITY OF MIAMI BEACH TO ESTABLISH AN
UNSAFE STRUCTURES BOARD TO BE COMPRISED OF FIVE
MEMBERS APPOINTED BY THE MIAMI BEACH CITY COMMISSION
WITH THE SAME POWERS AND DUTIES OF THE UNSAFE
STRUCTURES BOARD OF MIAMI-DADE COUNTY.
WHEREAS, Section 8-5 of Chapter VIII of the Miami-Dade County Code (attached
hereto), requires the Miami Beach Building Official to present all determinations relative to the
declaration of unsafe structures in the City of Miami Beach before the Miami-Dade County
Unsafe Structures Board; and
WHEREAS, the Miami-Dade County Unsafe Structures Board has authority to affirm,
modify, or reverse decisions of the Miami Beach Building Official upon appeal or on application
for review; and
WHEREAS, the City of Miami Beach is a barrier island within Miami-Dade County and is
subject to an evacuation during hurricane warnings, encompasses one of the largest
concentrations of multi-family units in South Florida, and is home to one of the largest Art Deco
Historic Districts in the world, which renders it a unique municipality within Miami-Dade County;
and
WHEREAS,. the City of Miami Beach has embraced its unique architectural and historic
character and has enacted specialized rules and regulations applicable to those properties
which come before its Design Review, Historic Preservation, and other Zoning Boards; and
WHEREAS, a local Unsafe Structures Board within the City of Miami Beach would
provide a more efficient and expeditious review of cases that concern issues unique to the City
of Miami Beach, and a City of Miami Beach Unsafe Structures Board would be sensitive to the
focal characteristics and historic nature of the island; and
WHEREAS, a local Miami Beach Unsafe Structures Board would alleviate the lengthy
dockets of the Miami-Dade County Unsafe Structures Board, and will allow a focusing of County
resources on those matters located throughout the rest of Miami-Dade County; and
WHEREAS, a City of Miami Beach Unsafe Structures Board will best serve the health,
safety, and welfare concerns of the citizens of Miami Beach by promptly addressing matters
relative to unsafe structures in the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Board of County
Commissioners of Miami-Dade County is hereby urged to amend Chapter VIII, Section 8-5 of
the Miami-Dade County Code to provide for a local Miami Beach Unsafe Structures Board with
the same duties and powers of the Miami-Dade County Unsafe Structures Board.
PASSED and ADOPTED this ~y~`' day of July, 2010.
ATTEST:
~-
ROBERT PARCHER, CITY CLERK
A RERA BOWER
LQ
Condensed Title
COMMISSION ITEM SUMMARY
A Resolution Urging The Board Of County Commissioners Of Miami-Dade County, Florida, To Amend
Chapter VIII Of The Miami-Dade County Code To Authorize The City Of Miami Beach To Establish An
Unsafe Structures Board To Be Comprised Of Five Members Appointed By The Miami Beach City
Commission With The Same Powers And Duties Of The Unsafe Structures Board Of Miami-Dade Coun~
Ke intended outcome Su orted:
Ensure safety and appearance of building structures and sites
Enhance external and internal communications
Supporting Data (Surveys, Environmental Scan, etc.):
• Percent that strongly agrees that the City is open and interested in hearing their concerns
- 69% for residents
Issue:
Shall the Mayor and City Commission adopt the proposed resolution urging the Miami-Dade County
Commission to allow for the creatin of a local unsafe structures board?
Item Summary/Recommendation:
The Administration recommends that the Mayor and City Commission adopt the attached resolution.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
2
OBPI Total
Financial Impact Summary:
None
City Clerk's Office Legislative Tracking:
I Department Director I Assistant City Manager City Manager _
f ~ ~ ~~ ~ AGENDA ITEM C ~ _
+ vvv DATI~ 7 1 -lf~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: July 14, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS
OF MIAMI-DADE COUNTY, FLORIDA, TO AMEND CHAPTER VIII OF THE MIAMI-
DADE COUNTY CODE TO AUTHORIZE THE CITY OF MIAMI BEACH TO
ESTABLISH AN UNSAFE STRUCTURES BOARD TO BE COMPRISED OF FIVE
MEMBERS APPOINTED BY THE MIAMI BEACH CITY COMMISSION WITH THE
SAME POWERS AND DUTIES OF THE UNSAFE STRUCTURES BOARD OFMIAMI-
DADE COUNTY.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the attached
resolution.
BACKGROUND
At the meeting on June 30, 2010 attended by Miami-Dade County Commissioner Bruno
Barreiro, Miami Beach Commissioner Jonah Wolfson, Miami-Dade County Building Director
Charles Danger, Miami Beach Building Director Alex Rey and other city staff to discuss the
40 year Recertification Process, it was suggested by Mr. Danger that the City of Miami
Beach should request from the County to modify the County ordinance to create an opt-out
provision for the Unsafe Structure Board.
The purpose of the Unsafe Structures Board is to hear appeals of decisions of the Building
Official declaring any structures located in it's municipality to be unsafe where there is a
danger to the health and benefit of its citizens.
The creation of a local Unsafe Structures Board will have several benefits, such as the
quicker processing of cases, a better understanding of the local architectural and historical
aspects of the City, and easier access to our residents to be able to participate in the board's
meetings.
The Unsafe Structures Board will be staffed by the Building Department with the legal support
from the City Attorney's Office. Their respective staff's already attend all board meeting where
City of Miami Beach cases will be discussed, so there is no additional cost to staff a local board.
m MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY
COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE M. GO LEZ
FROM: CITY ATTORNEY JOSE S --`"
DATE: JULY 14, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE BOARD OF
COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA,
TO AMEND CHAPTER VIII OF THE MIAMI-DADE COUNTY CODE
TO AUTHORIZE THE CITY OF MIAMI BEACH TO ESTABLISH AN
UNSAFE STRUCTURES BOARD TO BE COMPRISED OF FIVE
MEMBERS APPOINTED BY THE MIAMI BEACH CITY
COMMISSION WITH THE SAME POWERS AND DUTIES OF THE
UNSAFE STRUCTURES BOARD OF MIAMI-DADE COUNTY.
Pursuant to the request of Commissioner Jonah Wolfson, the above-referenced
Resolution is submitted to the Mayor and City Commission for consideration.
F:\atto\TURN\COMMMEMO\Reso -Unsafe Structures Board.docx
BUILDING CODE
tiers. Terms of officers so elected by the
Board shall be for one (1) year. A detailed
record of all proceedings shall be kept on
file in the office of the Secretary to the
Board.
(3) The Board may establish rules and regu-
lations for its own procedure. For the
conduct of its meetings the Board shall
use Robert's Rules of Order or Mason's
Rules of Order.
(4) All hearings shall be open to the public,
and any given person whose interest may
be affected by the matter on appeal shall
be given an opportunity to be heard.
(5) The hearing shall be informal and need
not be conducted according to technical
rules relating to evidence and witnesses.
Any relevant evidence shall be admitted if
it is the sort of evidence on which respon-
sible persons are accustomed to rely in
the conduct of serious affairs, regardless
of the existence of any common law or
statutory rules that might make improper
the admission of such evidence over objec-
tion in civil actions.
(6) Witnesses may be sworn and subpoenaed
by the Board in a like manner as they are
by the court or courts in Miami-Dade
County.
(7) Hearsay evidence may be used for the
purpose of supplementing or explaining
any direct evidence but shall not be suffi-
cient in itself to support a finding unless
it would be admissible over objection in
civil actions.
(8) The rules of privilege shall be effective to
the same extent that they are now, or
hereafter, may be, recognized in civil ac-
tions. Irrelevant and unduly repetitious
evidence shall be excluded.
(9) A simple majority of the appointed mem-
bers of the Board shall constitute a quo-
rum. Decisions of the board shall be made
by the vote of a majority of members
present who constitute a quorum. The
Board shall reach decisions without un-
reasonable or unnecessary delay, but in
§ 8-5
no event shall a decision be made later
than 120 days following the initial hear-
ing on the matter unless a report indicat-
ing the reason for an additional delay is
provided to the Board of County Commis-
sioners.
(10) Written notice of Board decisions shall be
signed by the Secretary and shall be filed
with the Secretary and furnished to the
appellant within ten days of the Board's
action and to other persons appearing
before the Board upon request.
(11) All affected parties shall take immediate
action in accordance with decisions of the
Board.
(f) Duties of Legal Counsel. It shall be the duty
of the attorney for the Authority having jurisdic-
tion, when so requested, to appear at all hearings
before the Board of Rules and Appeals and to
represent and advise the Board.
(g) Review of Board Decisions. Appeals of de-
cisions of the Board within the review jurisdiction
of the Florida Building Commission shall be to
the Florida Building Commission in the manner
prescribed bylaw. Review of other decisions of the
Board shall be to the Circuit Court of the Elev-
enth Judicial Circuit in and for Miami-Dade County,
Florida, as provided in the Florida Rules of Ap-
pellate Procedure for judicial review of adminis-
trative action.
(Ord. No. 01-112, § 1, 7-10-01; Ord. No. 01-176,
§ 1, 10-23-O1; Ord. No. 05-120, § 1, 6-7-05; Ord.
No. 06-19, § 1, 2-7-06; Ord. No. 07-147, § 1,
10-2-07).
Sec. 8-5. Unsafe Structures.
(a) General.
(1) The Unsafe Structures Board and Unsafe
Structures Appeal Panels are created to
exercise in Miami-Dade County and within
those municipalities as provided for here-
after the powers and duties granted by
this Section. The Board shall have juris-
diction in both the incorporated and un-
incorporated areas of Miami-Dade County
with respect to its powers, duties and
functions. The Appeal Panels shall have
Supp. No. 56 859
H-,~
1~11Aivii-ilni)I Ci)IJN'I'Y i;c,Ul:
,jurisdiction in the unincorporated areas
of Miami-Dade County and .within the
municipalities as provided for hereafter
with respect to their powers, duties and
functions. The Board shall be entrusted
with hearing appeals of decisions of Build-
ing Officials declaring any structures lo-
cated on properties within the municipal-
ities and those structures located on
properties in the unincorporated area of
the County which are not within the ju-
risdiction of the Unsafe Structures Appeal
Panels as described below to be unsafe
where there is a danger to the; health and
safety of the citizens, all in the manner
prescribed in this Section. Unsafe; Struc-
tures Appeal Panels shall hear appeals of
decisions of the Miami-Dade County Build-
ing Official declaring single-family and
duplex residences and their accessory struc-
tures on the same property as the princi-
pal building and accessory structures on
vacant land to be unsafe where there is a
danger to the health and safety of the
citizens, all in the manner prescribed in
this Section. Unsafe Structures Appeal
Panels may hear appeals of decisions of
Building Officials of the municipalities in
this County declaring single-family and
duplex residences and their accessory struo-
tures on the same property as the princi-
pal building and accessory structures on
vacant land to be unsafe where there is a
danger to the health and safety of the
citizens, all in the manner prescribed in
this Section, when the municipality elects
to have such appeals heard by the Appeal
Panels rather than the Board.
(2) Buildings or structures that are, or here-
after shall become, unsafe,, unsanitary or
deficient, facilities with inadequate means
of egress, or which constitute a fire or
windstorm hazard, or are otherwise dan-
gerous to human life or public welfare by
reason of illegal or improper use, occu-
pancy or maintenance, or which have been
substantially damaged by the elements,
acts of God, fire, explosion or otherwise,
shall be deemed unsafe structures and a
permit shall be obtained to demolish the
structure; or where specifically allowed by
this section, to bring the building into
compliance with the applicable codes as
provided herein.
(3) Incomplete buildings commenced without
a permit or f'or which the permit has
expired, or completed buildings commenced
without a permit or for which the permit
has expired, prior to completion and no
Certificate oi' Occupancy has been issued,
shall be presumed and deemed unsacfi:
and a permit shall be obtained to demol-
ish the structure or bring the building
into compliance with the applicable codes
as provided herein.
(4) Buildings which meet the physical crit:c-
ria of unsafe structures set forth in this
section, and are ordered to be repaired by
the Building Official, an Unsafe; Struc-
tures Appeal Panel or the Unsafe Struc-
tures Board, in the manner more partic-
ularly set forth below, which are not
completed or repaired and brought into
full compliance with the Building Code
within the reasonable time allowed by the
Building Official or the Unsafe Structures
Board, will be demolished.
(5) Swimming pools that contain sta~;ruani
water are deemed unsanitary and dangc+r-
ous to human life and public welf~~re. Lf
the stagnant water is not: removed and ~ I I
repairs made and brought into full unn-
pliance with the Building Code within the
reasonable time allowed by the Building
Official, then these swimming pools will
be demolished.
(6) Buildings or structures subject to the re-
certification requirements in Section 8-il(f)
of this Code which the owner fails to
timely respond to the Notice of Required
Inspection or fails to make all required
repairs or modifications found to be nec-
essary resulting from the recertification
inspection by the deadline specified in the
Code or any written extension granted by
the Building Official will be demolished.
Supp. No. v6 $60
BUILDING CODE
(b) Physical criteria.
(1) A building shall be deemed a fire hazard
and/or unsafe when:
(i) It is vacant, unguarded and open at
doors or windows.
(ii) There is an accumulation of debris
or other material therein represent-
ing ahazard of combustion.
(iii) The building condition creates haz-
ards with respect to means of egress
and fire protection as provided herein
for the particular Occupancy.
(2) A building, or part thereof, shall be pre-
sumed to be unsafe i£
(i) There is a falling away, hanging loose
or loosening of any siding, block,
brick, or other building material.
(ii) There is a deterioration of the struc-
ture or structural parts.
(iii) The building is partially destroyed.
(iv) There is an unusual sagging or lean-
ing out of plumb of the building or
any parts of the building and such
effect is caused by deterioration or
over-stressing.
(v) The electrical or mechanical instal-
lations or systems create a hazard-
ous condition contrary to the stan-
dards of the Building Code.
(vi) An unsanitary condition exists by
reason of inadequate or malfunction-
ing sanitary facilities or waste dis-
posal systems.
(vii) By reasons of use or occupancy the
area, height, type of construction,
fire-resistivity, means of egress, elec-
trical equipment, plumbing, air con-
ditioning or other features regulated
by this Code do not comply with this
Code for the use and group of occu-
pancy.
(3) A building, or part thereof, shall be pre-
sumed to be unsafe if:
(i) The construction, installation of elec-
trical, plumbing or other equipment
§ 8-5
therein or thereon, or the partial
construction or installation of elec-
trical, plumbing or other equipment
has been commenced or completed
without a permit therefor having
been obtained or where the permit
has expired prior to completion and
the issuance of a Certificate of Occu-
pancy or Certificate of Completion.
(ii) The construction, installation of elec-
trical, plumbing or other equipment
therein or thereon, or the partial
construction or installation of elec-
trical, plumbing or other equipment
has not been completed.
(iii) The building or structure is vacant
and abandoned, and covered at doors
or windows with materials not pre-
viously approved by the Building Of-
ficial, or for a period exceeding the
maximum limitations set forth in
this Section.
(iv) By reason of illegal or improper use,
occupancy or maintenance does not
comply with the Building Code, or
the code in effect at the time of
construction.
(v) The building or part thereof meets
the physical criteria of an unsafe
structure set forth above and has not
been repaired and brought into com-
pliance with the Building Code fol-
lowing the expiration of the reason-
able periods allowed by the Building
Official, an Unsafe Structures Ap-
peal Panel or the Unsafe Structures
Board for such repairs.
(c) Valuation criteria.
(1) If the cost of completion, alteration, repair
and/or replacement of an unsafe building
or structure or part thereof exceeds 50
percent of its value, such building shall be
demolished and removed from the pre-
mises. If the cost of completion, alter-
ation, repair and/or replacement of an
unsafe building or structure or part thereof
does not exceed 50 percent of its value,
Supp. No. 47 $61
H-fi
MIAMI-I)AllE COUN'I'1' (-OI)Is
such building or structure may be re-
paired and made safe, as provided herein.
(2) For purposes of application of this for-
mula value shall be the estimated cost to
replace the building in kind, excluding
depreciation. The estimate shall be de-
rived from multiplying the value of the
square fix)t oi' construction used by the
building department of the appointing
authority to calculate the applicable per-
mit fee. That estimate shall be broken
down on a percentage basis into an esti-
mate oi' the following critical elements of
construction, as applicable: structural, roof=
ing, other building, electrical, plumbing
and mechanical ("Valuation of Construc-
tion Components"). The cost of comple-
tion, alteration, repair or replacement shall
be estimated by application of the percent-
age of deterioration found on site for each
of the critical elements of construction to
the Valuation of Construction Compo-
nents for the structure, to arrive at an
overall estimated cost to repair the af-
fected structure. The appointing author-
ity shall by administrative order provide
a form for the application of the formula
set, forth above fi,r thF~ various i;ypes of
.construction.
l3) If a building or structure may hc; repaired
and made safe pursuant to the valuation
criteria set forth above, and the' building
or structure is otherwise unsafe. in accor-
dance with the physical criteria set: firth
in this section., the Building Official m~)y
order such building or structure to be
temporarily secured in the manner and
subject to the limitations set forth in this
Section. Such building must be completed
and brought into full compliance with the
Florida Building Code within such time
as the Building Official, Unsafe Struc-
tures Appeal Panel or the Unsafe Struc-
tures Board may determine to be reason-
able for such completion. If'the building or
structure is not temporarily secured, com-
pleted and brought into full compliance
with the Florida Building Code within the
reasonable periods allowed, such building
or structure shall be demolished and re-
moved from the premises.
(d) Inspection of unsafe buildings anal struc-
tures. The Building Official, on his own initiative
or as a result of reports by others, shall examine
or cause to be examined every building or struc-
ture appearing or reported to be unsafe, ~uul if
such is found to be an unsafe building or st;rucaurc
as defined in this section, the Building (>f(ici,)I
shall proceed in the manner set firrth in this
Section.
(e) ~nzergerzcy acti.orz. When in the ol)inion of
the Building Official, there is actual or imnu~di~ttc~
danger of the failure or collapse of a building or
structure, or there is a health, windstorm or fire
hazard, he may order the occupants to v;,cat;e,
temporarily close for use or occupancy the rights
of way thereto, sidewalks, streets or adjacent
buildings or nearby area and institute such other
temporary safeguards, including securing the build-
ing or structure, as he may deem necessary under
the circumstances, and may employ the necessary
labor and materials to perform the required work
as expeditiously as possible. In such event, the
operation of the notice and hearing requirements
of this Section shall be suspended as reasonably
necessary in the opinion of the Building OI'fici<(! Lu
redress the emergency situation Costs incurred in
the performance of'such emergency work shall he
paid by the appropriate governmental authority
and upon the recording in the public records of
this county a certificate executed by the Building
Official, certifying the amount so expended, the
same shall become a lien against the property
involved.
(f) Unsafe structures meeting ualuati.orz cri.lc-
ria, for immediate demolition.
(1) The provisions of this Subsection (f) shall
apply to structures meeting the valuation
criteria for demolition set forth above.
(2) The Building Official shall prepare a no-
tice of violation. The notice shall state in
summary form the nature of the defects
which constitute a violation of this Sec-
tion and shall order the structure to be
demolished within such time as is reason-
able, subject to extension when requested
Supp. No. 47 862
BUILDING CODE
in writing within the reasonable discre-
tion of the Building Official. The notice
shall state that the specific details con-
cerning the violations can be obtained in
writing from the Building Official upon
request. In addition, the notice will ex-
plain the right of appeal of the decision of
the Building Official to the Unsafe Struc-
tures Board or an Unsafe Structures Ap-
peal Panel, and advise that unless the
decision is appealed, the building or struc-
ture shall be demolished without further
notice.
(3) The notice of violation shall be affixed to
the structure concerned. The Building Of-
ficial shall also affix to the structure no-
tice of the hearing of the Unsafe Struc-
tures Board or Unsafe Structures Appeal
Panel scheduled to consider any appeal of
the decision of the Building Official in
connection with the structure. The notice
of hearing shall be issued by the Secre-
tary of the Unsafe Structures Board where
applicable and the Director of the Build-
ing Department or his designee for ap-
peals to anUnsafe Structures Appeal Panel
advising persons to appear before the
board or panel to show cause why the
decision of the Building Official should
not be carried out. The hearing shall not
be scheduled earlier than thirty days fol-
lowing the date of posting of the notice of
hearing and notice of violation.
(4) The Building Official shall post a notice
bearing his or her facsimile signature in a
conspicuous location on the building or
structure that has been determined to be
unsafe. The posted notice shall read sub-
stantially as follows: "UNSAFE BUILD-
ING". This building or structure is, in the
opinion of the Building Official, unsafe.
"THIS BUILDING SHALL BE VACAT-
ED-SHALL NOT BE OCCUPIED." Ac-
tion shall be taken by the owner as pre-
scribed by written notice. "THIS NOTICE
SHALL NOT BE REMOVED EXCEPT
BY THE BUILDING OFFICIAL.
DATE...."
§ 8-5
(5) Within ten (10) working days of posting
the notice of violation and notice of hear-
. ing, the Building Official shall send writ-
ten notice of violation and notice of hear-
ing to the owner and any interested party.
For these purposes, the owner shall be the
taxpayer as reflected in the most recently
certified real property ad valorem tax roll
of Miami-Dade County; provided how-
ever, where the records of the Dade County
Property Appraiser indicate that owner-
ship has changed, the owner shall be the
taxpayer as reflected in those records. An
interested party shall be the owner and
any other person or entity who has previ-
ously requested real property ad valorem
tax notices with respect to the subject
property in accordance with Section
197.344 of the Florida Statutes, as the
same may be renumbered or amended
from time to time. The notice of violation
and notice of hearing shall be sent by
certified or first-class mail to all such
parties' last known addresses as reflected
in the records of the Miami-Dade County
Property Appraiser. Failure to receive such
notice, or the lack of a signed return
receipt shall not invalidate the notice.
(6) Upon expiration of the period of appeal
provided in the Notice of Violation, the
Building Official may file an appropriate
instrument in the Office of the Clerk of
the Circuit Court to be recorded in the
public records of this County, indicating
that the property is in violation of the
Building Code. The recording of the notice
shall constitute constructive notice of the
violation to all concerned, subsequent pur-
chasers, transferees, mortgagees, lessees,
grantees and all persons claiming or ac-
quiring interest in the property. In the
event that the violation is corrected, the
Building Official shall file proof of the
same upon payment for fees incurred.
(7) The Building Official shall publish a no-
tice in a newspaper of general circulation
once a week for two (2) consecutive weeks.
The published notice shall contain the
address of the subject property and the
Supp. No. 47 863
H-r~
MIAMI-UAI)1~; (;C)UN'1'Y COUI?
names of the owner and any interested
party, and state that: the subject property
has been found to be in violation of the
Building Code, and subject to demolition.
The published notice shall also state the
time and place of the hearing scheduled
before the Unsafe Structures Board or
L7nsafe Structures Appeal Panel.
(8) The notices provided in this Section arcs
intended to serve as full and c~f(ectivc~
notice of the hearing and the violations
related to the structure. Failure of one
form of notice shall not invalidate or im-
pair the full effectiveness of notice pro-
vided by other means punuanL to this
Section.
(g) Unsafe Structures n.ot m.eeti.n.~ t!).e. ua.lua.-
ti.on. criteria for immediate demolition.
(1) If a building or structure may be repaired
and made safe pursuant to the valuation
criteria set forth above, and the building
or structure is otherwise unsafe in accor-
dance with the physical criteria set forth
in this section, the Building Official may
order such building or structure to be
temporarily secured in the manner and
subject to the limitations set forth in this
Section. Such building must be completed
and brought into full compliance with tl)c
Building Code within such time as the
Building Official, an Unsafe Structures
Appeal Panel or the Unsafe Structures
Board may determine to be reasonable for
such completion. If the building or struc-
ture is not temporarily secured, or once
served, not completed and brought into
compliance with the Building Code within
the reasonable periods allowed, such build-
ing or structure shall be demolished and
removed from the premises.
(2) The Building Official shall prepare a no-
tice of violation. This written notice shall
state in summary form the nature of
defects which constitute a violation of this
section and shall prescribe the action to
be taken to comply and the time within
which compliance must be accomplished,
such time not to exceed ten (10) days to
secure an open structure to the reason-
able satisfaction of the Building Official
ninety (90) days to obtain permits to re-
pair the structure and one hundred and
twenty (120) days bring it into compliance
with the Building Code. This notice shall
also state that the specific details concern-
ing the violations can be obtained in writ-
ing from the Building Official on request.
In addition, this notice will explain Cluj
right of appeal of the decision of the
Building Official to the Unsafe Structures
Board or an LJnsafe Structures Appc~~,l
Panel, and also acJvise that; unless there. is
compliance with the directions of the l;uild-
ing Off'.icial a case wi.f1 be commenced
before the Unsafe Structures Board or an
Unsafe Structures Appeal Panel after ti me
for compliance has expired, or that thc~
Building Official's order will be enforced.
(3) The notice of violation shall be affixed to
the structure concerned.
(4) Within ten (10) working days of posting
the notice of violation, the Building Offi-
cial shall send the written notice of viola-
tion to the owner and any interested party;
in the same manner provided in Sul,sec-
tion (f)(5) above.
(5) In the event that the building or structure
is not secured or brought into compliance
with the requirements of the Buildin~,T
Code within the periods specified in the.
notice of violation, and no application fi)r
extension is made in the manner set firth
in this Section, the Building Official may
schedule the case for hearing befi)rc the
Unsafe Structures Board or an Unsafe
Structures Appeal Panel to secure an or-
der for demolition of the building or struc-
ture or to obtain any other appropriate
remedy.
(6) In the event that the Building Official
requests that the Secretary to the Board
or Director of the Building Department or
his designee schedule a hearing, or in the
event that the owner or interested party
files a timely appeal of the decision of the
Building Official, the Secretary to the
Supp. No. 47 864
BUILDING CODE
fi 8-5
Board or Director of the Building Depart- (iii) The building or structure is a multi-
. ment or his designee shall issue a notice ple dwelling structure as defined in
of hearing which shall be affixed to the the Building Code and demolition of
property, mailed to the owner and inter- any unit comprising that structure
ested party, in the same manner provided compromises the structural integ-
in Subsections (f)(3) and (fj(5) above. No- rity of the entire multi-unit struc-
tice of the hearing shall be published in ture, where the completion of the
the same manner provided in Subsection structure is outside of the control of
(f) (7) above. the interested party;
(7) Upon expiration of the period of appeal (iv) The building or structure is the sub-
provided in the Notice of Violation, if the ject of pending litigation or foreclo-
property has not been secured or permits sure action that renders it impossi-
for repair obtained in the manner stipu- ble for the building or structure to be
lated in the notice, the Building Official completed;
may file an appropriate instrument in the
Office of the Clerk of the Circuit Court in (v) The building or structure is the sub-
the manner provided in Subsection (f)(6) ject of a good faith insurance claim,
above. the proceeds of which are intended
to be utilized for repair and comple-
(8) The periods set forth in the Notice of tion;
Violation for bringing the structure into (vi) The building or structure is the sub-
compliance with the Building Code may ject of a pending sale to be closed
be extended by the Building Official for within a reasonable time from the
one or more additional periods which in date the extension is requested
where
the aggregate do not exceed an additional ,
the buyer has executed a written
180 days provided all of the conditions of commitment to the Building Official
this Subsection are met. Application for to complete the structure within the
the extension must be made in writing by
the interested party to the Building Offi- applicable extension period.
cial prior to the expiration of the period The written application for extension shall
allowed for compliance, and shall set forth further represent to the Building Official
to the reasonable satisfaction of the Build- that the building or structure is and has
ing Official that the extension is war- at all times been in full compliance with
ranted by one or more of the following all of the conditions set forth in this
circumstances: Subsection.
(i) The interested party has ademon- (9) Upon receipt of the written application
strated financial hardship that will ,
the Building Official shall be authorized
prevent the interested party from to extend the date of full completion and
completing a building or structure; compliance with the Building Code pro-
(ii) The interested party has filed a com- vided:
pleted zoning hearing application
which affects the final completion of (i) The completed written application
the building or structure and which demonstrates to the reasonable sat- .
zoning hearing request has not re- isfaction of the Building Official that
ceived final approval or rejection from one or more of the conditions set
the applicable governmental agency forth above exist with respect to the
,
excluding any or all appeals to Court, building or structure;
for circumstances outside of the con- (ii) The building or structure is not open,
trol for the interested party; vacant or abandoned, having been
Supp. No. 47 865
ti t;-:,
MIAMI-llAUI's CU[1N'r'Y UOI)l;
secured at doors and windows in a
manner acceptable to the Building
Official; and
(iii) The interested party has paid all
reasonable costs of enforcement.
U.0) An,y interested party may appeal to the
Unsafe Structures Board or LJnsati: Struc-
tures Appeal Panel a decision to grant or
deny the extension. Such appeal must be
filed within 30 days of the date of'mailing
of the Building Official's writaen notice of
his or her decision with respect. to thc~
application for extension.
(h) Pu.bllc /tcarireg.
(1) On the day established in the notice of
public hearing the Unsafe Structures Board
or Unsafe .Structures Appeal Panel shall
review all pertinent evidence and hear all
testimony from the Building Official, the
owner and other parties in interest and
their respective witnesses.
(2) The Board or Appeal Panel m.,y order
repair, securing, and/or demolition of the
structure upon application of thc~ stan-
dards set forth in this Section. The Board
or Appeal Panel may modify, rescind, or
uphold the decision of the Building Offi-
cial as recited in the Notice of Violation.
The Unsafe Structures Board or Unsafe
Structures Appeal Panel shall modify or
rescind a decisicm of the Building Official
only upon a finding that the Building
Official was in error in the interpretation
or application of the Building Code. The
Board or Appeal Panel shall not exceed
the time frames allowed for repair and
completion of buildings and structures
specifically set forth in this Section except
where the work involved reasonably re-
quires such additional time.
(3) A copy of the order shall be for~~arded to
the owner, and all interested parties by
registered or certified mail, and a copy
thereof posted on the premises.
(4) If the owner or those responsible shall fail
to comply with the order of the Unsafe
Structures Board or an Unsafe. Structures
Appeal Panel within the time stipulated
therein and such order is to repair, com-
plete or secure the building to make safe,
then the Building Official shall cause such
building to be vacated, if occupied; and
shall through his employees or through a
contractor enforce the order oi'the [Jns,~(i/
Structures Board, Unsafe Structures Ap-
peal Panel or Building Official. Buildings
shall be secured with concrete block or
other materials of the same durability res
determined by the Building Official. Swim-
ming pools shall be secured by fencing or
by using another approved method ,cs
determined by the Building Official.
(5) If' the order of the Unsafe Structures
Board or an Unsafe Structures Appeal
Panel is to demolish the building or struc-
ture and to remove the salvage, contents,
debris and abandoned property from the
premises, and the owner or those respon-
sible shall have failed to comply with such
order, then the Building Official mriy do
so. Swimming pools shall be demolished
by removal of an,y stagnant water and ;uiy
above ground parts of the structure, l.>rc<ck-
ing open the bottom and filling with sand
or clean fill level to the existing grade.
(6) The Building Official may either sell to
the highest bidder or bidders for cash the
salvage and the contents of such building
or other structure so demolished which
have not been removed by the owner of
the land or require the demolition a,ntr,rc-
tor to dispose of the salvage and the
contents of the structure demolished.
(i) Multi-Unit Structures.
(1) This Subsection shall be applicable to all
multi-unit structures. As used in this Sub-
section, the term multi-unit structures
means all townhouses and other struc-
tures which contain units divided by one
or more common walls, where the struc-
tural integrity of any component unit de-
pends upon the structural integrity of one
or more other units in the same structure.
In the event that the owner or other
interested party fails to comply with an,y
Supp. No. 47 866
BUILDING CODE
order of the Unsafe Structures Board or
an Unsafe Structures Appeal Panel in
connection with any multi-unit structure,
then in addition to any other right or
remedy contained in this Section, Miami-
Dade County or any municipality with
jurisdiction over such structure shall be
authorized, but not required, to secure
the structure in the manner set forth in
this Subsection. In addition, and not in
derogation of the use of other methods
contemplated by this Section for enforcing
the Building Code with respect to any
structure, multi-unit structures may be
secured by performing whatever work the
Building Official may determine is reason-
ably necessary to preserve the structural
integrity, watertightness, or safety of ad-
jacent units or the surrounding commu-
nity, which work may include, but not be
limited to roofing, windows, and electri-
cal.
(2) The procedures for enforcement of this
Code set forth above shall be in addition
to, and not in derogation of, other proce-
dures available to the Building Official
pursuant to the Building Code. The pro-
visions of this subsection are not intended
to exonerate any owner or other inter-
estedparty from compliance with the Build-
ing Code or any order of the Unsafe Struc-
tures Board or an Unsafe Structures Appeal
Panel.
(j) Recovery of cost.
(1) All costs incurred pursuant to any of the
provisions of this Section shall be paid by
the owner or occupant of the premises on
which the violation occurred.
(2) The Building Official shall file among his
records an affidavit stating with fairness
and accuracy the items of expense and the
date of execution of actions authorized by
this Section.
(3) The enforcing agency may institute a suit
to recover such expenses against any lia-
ble person or may cause such expenses to
be charged against the property on which
fi 8-5
the violation occurred as a lien or as a
special assessment collectible according
to established procedures.
(4) Except with respect to a lien imposed in
accordance with Paragraph (3) of this
Subsection, nothing in this Section shall
be construed as placing a lien upon prop-
erty that supersedes the lien of any mort-
gage on such property executed and re-
corded prior to the existence of a lien for
enforcement costs.
(5) Any lien imposed pursuant to this Subsec-
tion shall be a lien prior in dignity to all
liens, excepting county tax liens and liens
of equal dignity with the county tax liens.
(6) Liens created pursuant to this Section
may be discharged and satisfied by pay-
ing to the appointing authority the amount
specified in the notice of lien, together
with interest thereon from the date of the
filing of the lien computed at the rate of
twelve (12) percent per annum, together
with the administrative costs, filing and
recording fees and fees paid to file a
satisfaction of the lien in the public records.
When any such lien has been discharged,
the appointing authority shall promptly
cause evidence of the satisfaction and
discharge of such lien to be recorded in
the public records.
(7) The remedies and procedures for recovery
of costs provided in this Subsection shall
be in addition to and not in derogation of
other provided in the Building Code or
otherwise provided by law.
(k) Unsafe Structures Board. The Unsafe Struc-
tures Board is hereby created, consisting of 13
members who shall be appointed by the Board of
County Commissioners of Miami-Dade County,
Florida.
(1) Qualification of Members: Members of the
Board shall be permanent residents of
Miami-Dade County who possess outstand-
ing reputations for civic activity, interest,
integrity, responsibility, and business or
professional ability. The composition of
the Board shall include a registered En-
Supp. No. 47 867
h-:~
MIAML-l)AIN? CUUN'!'Y (:Oi)1';
gineer, a registered Architect, a General Office, ur his designee;, shall be the
Building Contractor, an Flectric.rl (;on- Secretary of'thc~ Board but shall have
tractor, an attorney, a Plumbing Contras- no vote.
t;or, a Real EStatc~ Appraiser, a real estate
Propert;,y Manager, and a citizen with ex- (vii) The Chairman or the Secretary may
perience and background in the field of call meetings of the Board, and meet-
social problems. ings of the Board may be called by
written notice signed by three mem-
(2) Terms of Office: All appointments shall be hers of the Board.
for the term of 3 years, provided, however,
that the term, in all instances, shall con- (viii) Minutes and records shall be kept of
time until a successor is appointed and all meetings of the Board and all
qualified. Appointments to fill any va_ meetings shall be public.
saucy on the Board shall be fi)r t;he re- (ix) All hearings shall be open I;o Che
mainder of the unexpired term. public, and any person whose inter-
(3) Organization oi'the Board: est may be affected by the m<ii;ter on
(i) The members of the Board sh~rll elect, appeal shall be given an opport;unii;,y
a Chairman and a Vice Chairm~rn to be heard in person, or through his
and such other officers as may be attorney.
deemed necessary or desirable, who (x) Witnesses may be sworn and subpoe-
shall serve at the will of the Board. naed by the Board in a like manner
Election of officers shall be held at as they are subpoenaed by the court
the first meeting of February and or courts in Miami-Dade County.
such officers shall hold office for one
year. (xi) The hearings shall be informal and
(ii) Seven (7) members of the Board shall need not be conducted according to
constitute a quorum necessary to technical rules relating to evidence
hold ameeting or take any action. and. witnesses. An,y relevant c~vi-
deuce shall be admitted if' it i:; tl,u
(iii) A majority vote of the membership type of evidence on which respontii-
presc-rut and voting at a duly consti- ble persons are accustomed to rely in
tuted meeting of the Board sh~rll k)e the conduct of serious affairs regard-
sufficient to overrule, modify or af'- less of the existence of any common
firm an,y action or decision of t}u, law or statutory rulers which might
Building Official or to take any other make improper the admission of such
action within the scope of the powers evidence over objection in civil ac-
and duties of the Board. Lions.
(iv) Members shall serve without com- (xii) Hearsay evidence may be used fi>r
pensation but shall be entitled to the purpose of supplementing or ex-
reimbursement for necessary ex- plaining any direct evidence but shall
penses incurred in the performance not be sufficient in itself to support a
of their official duties, upon approval finding unless it would be admissi-
by the appointing authority. ble over objection in civil actions.
(v) No member of the Board shall .sit as
a voting member in any hearing on a (xiii) The rules of privilege shall be effec-
matter in which he has a personal or tive to the same extent that they are
financial interest. now, or hereafter may be, recognized
in civil actions; and irrelevant and
(vi) The Director of the Miami-Dade unduly repetitious evidence shall be
County Building Code Compliance excluded.
Supp. No. 47 868
BUILDING CODE
8-5
(xiv) The Board may establish rules and appear at all hearings before the Unsafe
regulations for its own .procedure. Structures Board and to represent and
(xv) The Secretary of the Board shall advise the Board.
provide adequate and competent cler- (1) Unsafe Structure Appeal Panels. Unsafe
ical and administrative personnel and Structures Appeal Panels are hereby created to
such technical or scientific personnel conduct hearings as provided for under this Sec-
as may be reasonably required by tion.
the Board for .the proper perfor-
mance of its duties, subject to budget (1) Composition: Unsafe Structures Appeal
limitations. The Secretary shall main- Panels shall consist of three Hearing Of-
tain arecord of all proceedings, in- facers appointed by the County Manager
eluding but not limited to a court as provided for under Chapter 8CC of this
reporter's transcript of the proceed- Code. A member in good standing of the
ing, and may clarify the same as a Unsafe Structures Board shall be ap-
true copy and make a reasonable pointed by that Board to serve as an
charge therefor; provided, the court ex-officio, non-voting member of each Ap-
reporter shall certify the copy of his peal Panel, to act as a liaison to the
or her transcript. Unsafe Structures Board. The ex-officio
(xvi) The Secretary of the Board shall member shall not count toward a quorum
provide a regular meeting place for of the Appeal Panel
the Board.
(2) Designation: At the request of the Direc-
(4) Duties and Powers of the Board: The for of the Building Department, the Clerk
Board shall have the following duties, of the Court shall designate three Hear-
functions, powers and responsibilities: ing Officers to constitute an Unsafe Struc-
(i) Hear and determine appeals from turesAppeal Panel to conduct hearings on
actions and decisions of the Building the dates scheduled by the Director of the
Official pursuant to the provisions of Building Department or his designee. At
this Section least one of the Hearing Officers on each
. panel shall have knowledge of construc-
(ii) Hear and review the application of tion gained from experience as an archi-
the Building Official for the review tect, engineer or general contractor. The
of his or her action where his or her Director of the Building Department shall
decision as indicated in a Notice of not have any input into which hearing
Violations has not been complied with. officers are designated to comprise a par-
(iii) Affirm, modify or reverse the deci- ticular panel.
sion of the Building Official upon (3) Organization of the Panels:
appeal or on application for review.
(iv) The Board, through its Secretary (i) The Director of the Building Depart-
,
shall transmit the record with all ment may utilize one or more Panels
exhibits, instruments, papers, and as needed to conduct hearings.
transcripts of its proceedings to the (ii) Three (3) Panel members must be
appointing authority in the event present to conduct a hearing or take
that authority shall wish to consider any action.
the matter.
(iii) A majority vote of Panel members
(5) Duties of Legal Counsel. It shall be the present and voting shall be suffi-
duty of the attorney for the Authority cient to overrule, modify or affirm
having jurisdiction, when so requested, to any action or decision of the Build-
Supp. No. 47 868.1
~-:, minNU-nnni cx-uN•rv cc>iri;
ing Official or to take an,y action (xii) Hearsay evidence may be used firr
within the scope oi' the powers ~u~d the purpose of'supplementing or ex-
dutic;s of the Panel. plaining any direct evidence but shall
not be sufficient in itself to support a
(iv) Members shall be compensated as finding unless it would be admissi-
provided for under Administrative ble over objection in civil actions.
Order No. 2-5.
(xiii) The rules of privilego shall Fx; effix-
(v) No member of a Panel shall sit: as a five to the same extent ghat they arc
voting member in any hearing on a now, or hereafter may be, rc;c;ot;nized
matter in which he has a personal or in civil actions; and irrelevant, rrnd
financial interest. unduly repetitious evidenc<~ shalt be
excluded.
(vi) The Director of the Miami-DucJc
County Building Department, or his
designee, shall assist; the Panels, hut;
shall have no vote.
(vii) The Director of the Miami-Dade;
County Building Department or his
designee may call and schedule Ap-
peal Panel hearings.
(viii) Audio record shall be kept of all
Appeal Panel hearings and all hear-
ings shall be public.
(ix) All hearings shall be open tc. tlrc
public, and any person whose inter-
est may be affected by the matter on
appeal shall be given an opportunity
to be heard in person, or through his
attorney.
(x) Witnesses may be sworn and subpoe-
naed by the Appeal Panels in <r like
manner a~ they are subpoenaed by
the court or courts in Miami-Dade
County.
(xi) The hearings shall be infi>rmal and
need not be conducted according to
technical rules relating to evidence
and witnesses. Any relevant evi-
dence shall be admitted if' it is the
type of evidence on which responsi-
ble persons are accustomed to rely in
the conduct of serious affairs regard-
less of the existence of any common
law or statutory rules which might
make improper the admission of such
evidence over objection in civil ac-
tions.
(xiv) The Director of the Mi;rmi-l);rde
County Building Departnu;nt, shall
provide adequate and competent. cler-
ical and administrative personnel .ux1
such technical or scientific personnel
as may be reasonably required by
the Appeal Panels for the proper
performance of their duties, subject
to budget limitations. The Director
of the Miami-Dade County Building
Department shall maintain a rc-;cord
of all proceedings, including lrut, not.
limited to a court reporter's tr,rn-
script of the proceeding, and rn.cy
clarify the same as a true copy arul
make a reasonable charge therefor
provided, the court reporter shall
certify the copy of his or her tran-
script.
(xv) The Director of the Nliami-D:rde
County Building Depart=rnc;nl, shrr!!
provide a regular meeting place fir
the Appeal Panels.
(4) Duties and Powers of the Appc;al 1'anols:
The Appeal Panels shall have the-; firllow-
ing duties, functions, powers and rc;spon-
sibilities:
(i) Hear and determine appeals from
actions and decisions of the Building
Official pursuant to the provisions of
this Section.
(ii) Hear and review the application of
the Building Official f'or the review
of his or her action where his or her
decision as indicated in a Notice of
Violations has not been complied with.
Supp. No. 47 868.2
BUILDING CODE
(iii) Affirm, modify or reverse the deci-
sion of the Building Official upon
appeal or on application for review.
(iv) In the event of judicial review of an
Unsafe Structure Appeal Panel or-
der, the Director of the Miami-Dade
Building Department or his desig-
nee shall transmit the records with
all exhibits, instruments, papers and
transcripts of its proceedings to the
reviewing authority if so requested.
(5) Duties of Legal Counsel: It shall be the
duty of the County Attorney, when so
requested, to appear at all hearings be-
fore the Unsafe Structures Appeal Panels
and to represent and advise the Appeal
Panels.
(m) Judicial Review. Any person aggrieved by
a decision of the Unsafe Structures Board or an
Unsafe Structures Appeal Panel may seek judi-
cial review of that decision in accordance with the
Florida Rules of Appellate Procedure. Any order,
requirement, decision or determination of the
Unsafe Structures Board or an Unsafe Structures
Appeal Panel shall be reviewed by the filing of a
notice of appeal in the Circuit Court of the Elev-
enth Judicial Circuit in and for Miami-Dade County,
Florida, in accordance with the procedure and
within the time provided by the Florida Rules of
Appellate Procedure for the review of the rulings
of any commission, hearing officer or board; and
such time commences to run from the date that
the Board's or Appeal Panel's order, requirement,
decision or determination sought to be reviewed is
transmitted to the Secretary of the Board or
Director of the Miami-Dade County Building De-
partment or his designee. The Secretary or the
Director of the Miami-Dade County Building De-
partment shall affix to each order, requirement,
decision or determination of the Board or Appeal
Panel the date said order, requirement, decision
or determination is transmitted. The Secretary to
the Board and Director of the Miami-Dade County
Building Department shall comply with all re-
quirements of the Florida Rules of Appellate
Procedure.
(Ord. No. 01-112, ~ 1, 7-10-O1; Ord. No. 01-176,
§ 1, 10-23-01; Ord. No. 05-120, § 1, 6-7-05; Ord.
No. 06-174, § 1, 11-28-06)
§ 8-8
Sec. 8-6. Expedited permit program for
green buildings.
It is the intent of Miami-Dade County to pro-
mote environmentally sensitive design and con-
struction. To that end, the Building Official shall
implement a program to expedite the review and
approval of permit applications for green build-
ings. As used in this Section a green building shall
mean one whose design, construction, and opera-
tion promote the preservation of resources and
environmentally sensitive construction practices,
systems and materials. In making the determina-
tion of whether the structure is a green building,
the Building Official shall rely on the review,
evaluation and where available registration or
certification of the design by recognized environ-
mental rating agencies including the Florida Green
Building Coalition, the National Home Builder
Association and the U.S. Green Building Council.
The green buildings program shall be imple-
mented through administrative order to be ap-
proved by the Board of County Commissioners.
(Ord. No. 05-115, § 1, 7-7-05)
Sec. 8-7. Permit processing for government
facilities.
Upon written request of the Director of a County
Department, all reviewing departments shall ex-
pedite the review of plans submitted for any
building permit to construct a new County-owned
building, structure or improvement or to alter or
repair any County-owned building or structure
where the value of the work is $100,000.00 or
more.
(Ord. No. 04-182, § 1, 10-19-04)
Sec. 8-8. Building Code Compliance Office.
(a) General. The Building Code Compliance
Office is hereby established to ensure that the
Building Code is uniformly- enforced throughout
the incorporated and unincorporated areas of the
County, and to perform those duties and functions
enumerated in Section 8-8(b) below. The Chief
Building Code Compliance Officer shall be ap-
pointed by and shall serve at the will of the
County Manager. The Chief Building Code Com-
pliance officer shall serve as Secretary to the
Board of Rules and Appeals and the Unsafe
Supp. No. 58 869
H-H
MIAMI-DADli ('OUN'I'1' C'c>UI?
Structures Board. Thc~ Chief' Building Code Com-
pliance Officer shall be chosen on the basis of
his/her qualifications and c~xpcrience in the fields
of building construction and the development and
enforcement of construction regulations. Such in-
dividual shall be a professional engineer licensed
to practice in the State of Florida under the
provisions of Chapter 471, Florida Statutes; or an
architect registered under the provisions ofChap-
t;er 481, Florida Statutes. The Chief Building
Coda Compliance Officer shall be responsible for
the implementation of the directives of the Board
of Rules and Appeals relating to the Building
Code. The Chief' Building Code Compliance Of=
fiver shall also be responsible for the approval of
construction materials and assemblies pursuant
to the provisions of the Building Code and the
administrative order governing such approvals.
The organization and operating procedures of this
Office shall be described in administrative orders
and regulations of the County Manager. The
Manager shall appoint such employees and other
personnel, including technical staff in each of the
building trades, and sufficient administrative and
clerical support to discharge the duties of the
office. The salaries and compensation of all per-
sonnel, except employees within the classified
service, shall be fixed by the Board of County
Commissioners upon recommendation of the Man-
ager. The Chief Building Code Compliance Officer
shall be exempt from the classified service.
fb) Du.ties a.nd Fun.ctr'ons. They Building Code
Compliance office shall perform the fi~llowing
duties and functions throughout the incorporated
and unincorporated areas of Miami-Dada County:
(1) Administrative and legal support fir the
Board of Rules and Appeals and the Un-
safe Structures Board;
(2) Conducting studies and investigations to
enable it to recommend appropriate revi-
sions to the Building Code to keep abreast
of new developments in building design,
construction, and standards;
(3) Dissemination of interpretations and rul-
ings made by the Board of Rotes and
Appeals and the Florida Building Com-
mission;
(4) Registration, certification, recertification
and decertification of construction enforce-
meat personnel;
(5) Codification and writing of amendments
to the Florida Building Code.
(6) Providing guidance in the resolution of
citizen complaints regarding Building Code
violations;
(7) Investigations, prrrparation and I>rosecu-
tion of enforcement activities pursuant: t:o
the Building Code, or actions pursuant to
Chapter 8CC of the Code which are gov-
erned by the Building Code;
(8) Prevention of any imminent threat o(';rny
violation of thc~ Building Codc;
(9) Training and testing of building i)~spec-
tors, plans processors and code compli-
ance officers; and
(10) Approval, disapproval or conditional ap-
proval of the .local use of construction
products, materials and assemblies or al-
ternate construction materials and assem-
blies in accordance in accordance with
administrative order of the County Man-
ager to be approved by the Board of County
Commissioners.
(11) Determine if a licensee, certificate holder,
or registrant licensed under 455, 471,
481, or 489 of the Florida Statutes has
committed a material violation of the Flor-
ida Building Code, and impose fines and
penalties in the amount set forth in Sec-
tion 8-16 of this Chapter and otherwise
provided by law.
(Ord. No. O1.-112,~~' 1, 7-10-O1.)
Sec. 8-8.1. Expedited permit program for
workforce housing units.
It is the intent of Miami-Dade County to en-
courage private, for-profit developers to construct
moderately priced housing or workforce housing
units. As used in this section, workforce housing
units shall. mean those WHUs which are priced
(selling price or rent) at levels to be affordable to
households which meet the workforce housing
target income range. To that end, the Building
Official shall implement a program to expedite
Supp. No. 58 870