2015-3935 Ordinance UNSAFE STRUCTURES BOARD
ORDINANCE NO. 2015-3935
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
14 ENTITLED "BUILDING REGULATIONS" OF THE CITY CODE
BY CREATING DIVISION 4 ENTITLED "UNSAFE
STRUCTURES"; CREATING SECTIONS 14-500 THROUGH 14-
502 RELATING TO NOTICE AND PROCESS FOR UNSAFE
STRUCTURES AND CREATING A MUNICIPAL UNSAFE
STRUCTURE PANEL; AND APPEAL PROCESS; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY;
APPLICABILITY; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 14, entitled "Building Regulations" provides the
authority of the City to regulate Buildings, Structures and Unsafe Structures; and
WHEREAS, currently the City utilizes the Miami-Dade County Unsafe
Structure Board created pursuant to Chapter 8 of the Miami-Dade County Code,
which code provides municipalities the option of using the County's process; and
WHEREAS, utilization of the County's Unsafe Structure Board process
creates many delays and loss of staff time by requiring staff to leave the City to
attend County hearings, where many other items and other municipalities may
also have pending agenda items; and
WHEREAS, Section 8-5(a)(1) of the County Code provides that a
municipality may select to establish, by ordinance, its own administrative process
to address unsafe structures within municipal boundaries, including the process
for appeal of decision of the Building Official that structures are unsafe;
WHEREAS, following adoption of such an ordinance the municipality shall
be solely responsible for the conduct of its own process and appeals, and for the
enforcement of the laws governing unsafe structures within its jurisdiction; and,
WHEREAS, the City, upon adoption of such an ordinance, shall also be
authorized to establish its own standards for declaring a structure to be unsafe,
and for the repair or demolition of an unsafe structure, all consistent with the
provisions of the Florida Building Code; and
WHEREAS, if the structure has been designated historic and is under the
County's historic preservation jurisdiction, demolition procedures shall still abide
by the process as set out in the Miami-Dade County's historic preservation
ordinance as found in Chapter 15A of the Miami-Dade County Code; and
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WHEREAS, the City of Miami Beach has its own rules and regulations
relating to the City's Historic Structures and Historic Districts, which shall also
control, where applicable, the demolition of such structures and shall be utilized
during the City's Unsafe Structure Panel process; and
WHEREAS, the City of Miami Beach desires to amend Chapter 14, to
create Division 4, Sections 14-500 through 14-502 to create procedures, notice,
an Unsafe Structure Panel, the powers and duties of the Panel, and an appeal
processes from a ruling of the Panel.
WHEREAS, the amendments set forth below are necessary to accomplish
all of the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 14, entitled "Building Regulations" shall be amended to
create Division 4, Section 145-500 through 14- 502, relating to the creation of the
City's Unsafe Structure Panel are hereby amended as follows:
* *
CHAPTER 14
BUILDING REGULATIONS
* * *
Secs. 14-445-14-499698. Reserved.
* * *
Division 4. Unsafe Structure Panel
Sec. 15-500. Unsafe structures panel.
(a) General Provisions.
(1) The City's unsafe structures panel(s) shall hear unsafe structures
cases, and appeals of decisions, of the City Building Official declaring
properties and their structures and accessory structures to be unsafe
where there is a danger to the health, safety, and welfare of the citizens in
the community, all in the manner prescribed in this division. If such
structure has been designated historic and is under the City's historic
preservation jurisdiction, demolition procedures shallwhenever possible,
abide by the process as set out in the City's historic preservation
ordinance as found in Chapter 118, Article IX, Sections 118-501 through
117-700, of this Code, unless there is an immediate threat of danger, as
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determined by the Building Official. Thereafter, a property within an
historic district or with an historic designation shall have to comply with the
requirements of 118 after the demolition for an unsafe structure process is
completed.
(2) Buildings or structures that are, or hereafter shall become, unsafe,
unsanitary or deficient, and dilapidated facilities, with inadequate means of
egress, or which constitute a fire or windstorm hazard, or are otherwise
dangerous to human life or public welfare by reason of illegal or improper
use, occupancy 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 division, to bring the
building into compliance with the applicable codes as provided herein.
(3) Incomplete buildings commenced without a permit or for 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
of occupancy has been issued, shall be presumed and deemed unsafe
and a permit shall be obtained to demolish the structure or bring the
building into compliance with the applicable codes as provided herein.
(4) Buildings which meet the physical criteria of unsafe structures, set
forth in this section, and are ordered to be repaired by the Building Official
or the unsafe structures panel, in the manner more particularly set forth
below, which are not completed or repaired and brought into full
compliance with the Florida Building Code within the reasonable time
allowed by the Building Official or the unsafe structures panel, will be
demolished.
(5) Swimming pools that contain stagnant water are deemed
unsanitary and dangerous to human life and the public welfare. If the
stagnant water is not removed and all repairs made and brought into full
compliance with the Florida Building Code within a reasonable time, as
allowed by the Building Official, then these swimming pools will be
demolished and filled in.
(6) Buildings or structures subject to the recertification requirements in
subsection 8-11(fl of the Miami-Dade County 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 necessary resulting from the
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recertification inspection by the deadline specified in the Code or any
written extension granted by the Building Official will be demolished.
(b) Physical criteria.
(1) A building shall be deemed a fire hazard or unsafe when any of the
following criteria are met:
a. It is vacant, unguarded and open at doors or windows.
b. There is an accumulation of debris or other material therein
representing a hazard of combustion.
c. The building condition creates hazards with respect to means of
egress and fire protection as provided herein for the particular
occupancy.
d. It meets the criteria of a vacant and abandoned property under
Chapter 14 of this Code or under Chapter 8 of the Miami-Dade
County Code.
(2) A building, or part thereof, shall be presumed to be unsafe if:
a. There is a falling away, hanging loose or loosening of any
siding, block, brick, or other building material [for exampj
including but not limited to roof collapse],
b. There is a material deterioration of the structure or structural
parts.
c. The building is partially destroyed [for example, including but not
limited to roof collapse or wall collapse].
d. There is an unusual sagging or leaning out of plumb of the
building or any parts of the building and such effect is caused by
deterioration or over-stressing.
e. The electrical or mechanical installations or systems create a
hazardous condition contrary to the standards of the Florida
Building Code.
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f. An unsanitary condition exists by reason of inadequate or
malfunctioning sanitary facilities or waste disposal systems.
g. By reasons of use or occupancy the area, height, type of
construction, fire-resistivity, means of egress, electrical equipment,
plumbing, air conditioning or other features regulated by this Code
do not comply with this Code for the use and group or occupancy.
h. The construction, installation of electrical, plumbing or other
equipment therein or thereon, or the partial construction or
installation of electrical, plumbing or other equipment has been
commenced or completed without a permit therefore having been
obtained or where the permit has expired prior to completion and
the issuance of a certificate of occupancy or certificate of
completion.
i. The building or structure is vacant and abandoned, and
covered at doors or windows with materials not previously
approved by the Building Official, or for a period exceeding the
maximum limitations set forth in this division (see subdivision h,
below).
j. By reason of illegal or improper use, occupancy or maintenance
does not comply with the Florida Building Code, or the code in
effect at the time of construction.
k. The building or part thereof meets the physical criteria of an
unsafe structure set forth above and has not been repaired and
brought into compliance with the Florida Building Code following
the expiration of the reasonable periods allowed by the Building
Official, or an unsafe structures panel for such repairs.
(3) Grow houses. A building or structure that has been identified by any
law enforcement officer as being used to grow or manufacture controlled
substances as defined by Florida Statutes Chapter 893 or any drugs, as
defined in Florida Statutes Chapter 499 (a "grow house") shall be
presumed to be unsafe if any one of the following criteria has been
satisfied:
a. There is an open and obvious modification or addition to any of
the structure's electrical wiring or electrical components, or there
exists any exposed wires or exposed electrical components;
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b. There is an open and obvious modification or addition to any of
the structure's plumbing, and/or any discharge of water or other
effluent that is not into an ordinarily available drain;
c. The structure's interior walls have been destroyed, moved, or
modified in any way. This may be evidenced by marks on the
ceiling and/or floor that are indicative of a wall having been moved
or removed, holes or passages in a wall that are not ordinary, and
may be unfinished in appearance. This list shall not be considered
exhaustive such that any other evidence of walls being destroyed,
moved or modified shall be proper;
d. Any exterior window has been modified or covered in such a
way, so as to inhibit or reduce egress or which inhibits or prevents
normal use for ventilation purposes; this shall not include curtains
and other ordinary window coverings; or
e. Any of the structure's exterior or interior doors have been
modified or covered in such a way to prevent or inhibit ingress or
egress.
(c) Notice.
Upon observation of any one of the above criteria in subsection (b), any City
enforcement personnel shall be authorized to post and shall post a notice in a
conspicuous location on the building or structure that has been determined to be
unsafe.
(1) The posted notice shall read substantially as follows:
UNSAFE BUILDING. This building or structure is, in the opinion of the City
of Miami Beach, unsafe. THIS BUILDING SHALL BE VACATED-SHALL
NOT BE OCCUPIED. The owner should contact the City of Miami Beach
Building Department immediately. THIS NOTICE SHALL NOT BE
REMOVED EXCEPT BY THE BUILDING OFFICIAL. DATE (insert date
posted).
(2) Entry to any structure posted with such a notice shall be prohibited
except by an order issued by a court of competent jurisdiction, until such
time as all necessary inspections listed in subsection (4) have been
completed.
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(3) Within 24 hours of the notice being posted by the Building Official,
the Miami Beach Police Department shall notify the building department of
any trespass violations. Upon receiving such notification from the Miami
Beach Police Department the building department shall immediately send
a notice of violation in accordance with the provisions of this division. This
notice shall also state that Building Official will conduct an inspection of
the structure and issue a notice of violation within five business days.
f4) All structures that meet any of the criteria from subsection (c)(1)
above and have been posted with the requisite notice, must be approved
by the building department based upon all of the following inspections
before the structure can be deemed safe for use:
a. An electrical inspection;
b. A plumbing inspection; and
c. An inspection by a structural engineer.
Upon completion of the inspections described herein, an inspection report
shall be filed with the building department for approval. The building
official shall proscribe the forms to be used for the inspections described
herein and shall be authorized to charge a fee for the review of the
inspection reports. Each inspection report shall certify that there is
currently no unsafe or hazardous conditions currently existing in the
structure, all Florida Building Code violations corrected and the structure is
safe for occupancy. No building deemed unsafe pursuant to this section
shall be occupied until the results from the required inspections have been
reviewed, and all permits have been obtained to bring the structure back
into compliance with the Florida Building Code. Nothing herein shall
relieve the owner from the requirement to obtain permits for any repairs
required to meet the requirements of this section.
(5) Within ten (10) working days of posting the notice of violation and
notice of hearing, the Building Official shall send written notice of violation
and notice of hearing 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
however, where the records of the Dade County Property Appraiser
indicate that ownership 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 previously requested real property ad
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valorem tax notices with respect to the subject property in accordance with
Section 197.344 of the Florida Statutes, as the same may 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 purchasers, transferees,
mortgagees, lessees, grantees and all persons claiming or acquiring
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 notice 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 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 City's Unsafe Structures Board.
(8) The notices provided in this Section are intended to serve as full and
effective notice of the hearing and the violations related to the structure.
Failure of one form of notice shall not invalidate or impair the full
effectiveness of notice provided by other means pursuant to this Section.
(d) 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 premises. If the
cost of completion, alteration, repair and/or replacement of an unsafe
building or structure or part thereof does not exceed 50 percent of its
value, such building or structure may be repaired and made safe, as
provided herein.
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(2) For purposes of application of this formula, value shall be the
estimated cost to replace the building in kind, excluding depreciation. The
estimate shall be derived from multiplying the value of the square footage
of construction used by the building department to calculate the applicable
permit fee. That estimate shall be broken down on a percentage basis into
an estimate of the following critical elements of construction, as
applicable: structural, roofing, electrical, plumbing and mechanical, and
other building components ("valuation of construction components"). The
cost of completion, alteration, repair or replacement shall be estimated by
application of the percentage of deterioration found on site for each of the
critical elements of construction to the valuation of construction
components for the structure, to arrive at an overall estimated cost to
repair the affected structure. The appointing authority shall by
administrative order provide a form for the application of the formula set
forth above for the various types of construction.
(3) 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 accordance with the physical criteria set forth in this
division, 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 division. Such building must be completed and brought into full
compliance with the Florida Building Code within such time as the Building
Official or unsafe structures panel may determine to be reasonable for
such completion. If the building or structure is not temporarily secured,
completed and brought into full compliance with the Florida Building Code
within the reasonable periods allowed, such building or structure shall be
demolished and removed from the premises.
(e) Inspection of unsafe buildings and structures.
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 structure appearing or
reported to be unsafe, and if such is found to be an unsafe building or structure
as defined in this division, the Building Official shall proceed in the manner set
forth in this division.
(f) Emergency action.
When in the opinion of the Building Official, there is actual or immediate 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 demolish, vacate, temporarily close
for use or occupancy the rights-of-way thereto, sidewalks, streets or adjacent
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buildings or nearby area and institute other such temporary safeguards, including
securing the building or structure or any demolition or partial demolition, 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 division
shall be suspended as reasonably necessary in the opinion of the Building
Official to redress the emergency situation: Costs incurred in the performance of
such emergency work shall be paid by the appropriate owner of the property and
upon the recording in the public records of Miami-Dade County, a certificate
executed by the Building Official, certifying the amount so expended, the same
shall become a special assessment lien against the property involved.
(g) Unsafe structures meeting valuation criteria for immediate demolition.
(1) The provisions below shall apply to buildings or structures meeting
the valuation criteria for demolition.
(2) The Building Official shall prepare a notice of violation. The notice
shall state in summary form the nature of the defects which constitute a
violation of this division and shall order the structure to be demolished
within such time as is reasonable, subject to extension when requested in
writing within the reasonable discretion of the Building Official. The notice
shall state that the specific details concerning the violations can be
obtained in writing from the Building Official upon request. In addition, the
notice will explain the right of appeal of the decision of the Building Official
to the unsafe structures panel, in its appellate capacity, and advise that
unless the decision is appealed, the building or structure shall be
demolished without further notice.
(3) The notice of violation shall be affixed to the structure concerned.
The Building Official shall also affix to the structure notice of the hearing of
the unsafe structures 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 director of the building department or his
designee for appeals to an unsafe structures panel advising persons to
appear before the panel to show cause why the decision of the Building
Official should not be carried out. The hearing shall not be scheduled
earlier than 30 days following 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 signature
in a conspicuous location on the building or structure that has been
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determined to be unsafe. The posted notice shall read substantially as
follows: "UNSAFE BUILDING". This building or structure is, in the opinion
of the Building Official, unsafe. "THIS BUILDING SHALL BE VACATED-
SHALL NOT BE OCCUPIED." Action shall be taken by the owner as
prescribed by written notice. "THIS NOTICE SHALL NOT BE REMOVED
EXCEPT BY THE BUILDING OFFICIAL. DATE (insert date posted)."
(5) Within ten working days of posting the notice of violation and notice
of hearing, the Building Official shall send written notice of violation and
notice of hearing 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
however, where the records of the Dade County Property Appraiser
indicate that ownership 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 previously requested real property ad
valorem tax notices with respect to the subject property in accordance with
Florida Statutes Section 197.344, 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 Miami-Dade County, indicating that the property is in violation of the
Florida Building Code. The recording of the notice shall constitute
constructive notice of the violation to all concerned, subsequent
purchasers, transferees, mortgagees, lessees, grantees and all persons
claiming or acquiring 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 notice 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
names of the owner and any interested party, and state that the subject
property has been found to be in violation of the Florida Building Code,
and subject to demolition. The published notice shall also state the time
and place of the hearing scheduled before the unsafe structures panel.
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(8) The notices provided in this section are intended to serve as full
and effective notice of the hearing and the violations related to the
structure. Failure of one form of notice shall not invalidate or impair the full
effectiveness of notice provided by other means pursuant to this section.
(h) Unsafe structures not meeting the valuation 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 accordance 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 the Florida Building Code within such time as the Building
Official or the unsafe structures panel may determine to be reasonable for
such completion. If the building or structure is not temporarily secured, or
once served, not completed and brought into compliance with the Florida
Building Codes within the reasonable periods allowed, such building or
structure shall be demolished and removed from the premises.
(2) The Building Official shall prepare a notice 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, in
such time not to exceed ten days to secure an open structure to the
reasonable satisfaction of the Building Official, 90 days to obtain permits
to repair the structure, and 120 days to bring it into compliance with the
Florida Building Code. This notice shall also state that the specific details
concerning the violations can be obtained in writing from the Building
Official on request. In addition, this notice will explain the right of appeal of
the decision of the Building Official to the unsafe structures panel, in its
appellate capacity and also advise that unless there is compliance with the
directions of the Building Official, a case will be commenced before the
unsafe structures after time for compliance has expired, or that the
Building Official's order will be enforced.
(3) The notice of violation shall be affixed to the structure concerned.
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(4) Within ten working days of posting the notice of violation, the
Building Official shall send the written notice of violation to the owner and
any interested party, in the same manner provided in above.
(5) In the event that the building or structure is not secured or brought
into compliance with the requirements of the Florida Building Code within
the periods specified in the notice of violation, and no application for
extension is made in the manner set forth in this section, the Building
Official may schedule the case for hearing before the unsafe structures
panel to secure an order for demolition of the building or structure or to
obtain any other appropriate remedy.
(6) In the event that the Building Official requests that the 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 board or director of
the building department or his designee shall issue a notice of hearing
which shall be affixed to the property, mailed to the owner and interested
party, in the same manner provided in subsection (g) above. Notice of the
hearing shall be published in the same manner provided in subsection (g)
above.
(7) Upon expiration of the period of appeal provided in the notice of
violation, if the property has not been secured or permits for repair
obtained in the manner stipulated in the notice, the Building Official may
file an appropriate instrument in the public records in the manner provided
in subsection (g) above.
(8) The periods set forth in the notice of violation for bringing the
structure into compliance with the Florida Building Code may be extended
by the Building Official for one or more additional periods which in the
aggregate do not exceed an additional 180 days, provided all of the
conditions of this subsection are met. Application for the extension must
be made in writing by the interested party to the Building Official prior to
the expiration of the period allowed for compliance, and shall set forth to
the reasonable satisfaction of the Building Official that the extension is
warranted by one or more of the following circumstances:
a. The interested party has a demonstrated financial hardship that
will prevent the interested party from completing a building or
structure;
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b. The interested party has filed a completed applicable land
development regulation board (Design Review Board, Historic
Preservation Board, Board of Adjustment or Planning Board)
hearing application which affects the final completion of the building
or structure and which land development regulation board hearing
request has not received final approval or rejection from the City or
applicable governmental agency, including any or all appeals to
court, for circumstances outside of the control for the interested
party;
c. The building or structure is a multiple dwelling structure as
defined in the Florida Building Code and demolition of any unit
comprising that structure compromises the structural integrity of the
entire multi-unit structure, where the completion of the structure is
outside of the control of the interested party;
d. The building or structure is the subject of pending litigation that
renders it impossible for the building or structure to be completed;
e. The building or structure is the subject of a good faith insurance
claim, the proceeds of which are intended to be utilized for repair
and completion;
f. The building or structure is the subject of a pending sale to be
closed within a reasonable time from the date the extension is
requested, where the buyer has executed a written commitment to
the Building Official to complete the structure within the applicable
extension period.
The written application for extension shall further represent to the Building
Official that the building or structure is and has at all times been in full
compliance with all of the conditions set forth in this subsection.
(9) Upon receipt of the written application, the Building Official shall be
authorized to extend the date of full completion and compliance with the
Florida Building Code provided:
a. The completed written application demonstrates to the
reasonable satisfaction of the Building Official that one or more of
the conditions set forth above exist with respect to the building or
structure;
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b. The building or structure is not open, vacant or abandoned,
having been secured at doors and windows in a manner acceptable
to the Building Official; and
c. The interested party has paid all reasonable costs of
enforcement.
(10) Any interested party may appeal to the unsafe structures 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 written notice of his
or her decision with respect to the application for extension.
(i) Public hearing.
(1) On the day established in the notice of public hearing the unsafe
structures panel shall review all pertinent evidence and hear all testimony
from the Building Official or his/her designee, the owner and other parties
in interest and their respective witnesses.
(2) The unsafe structures panel may order repair, securing, and/or
demolition of the structure upon application of the standards set forth in
this division. The unsafe structures panel may modify, rescind, or uphold
the decision of the Building Official as recited in the notice of violation. The
unsafe structures panel shall modify or rescind a decision of the Building
Official only upon a finding that the Building Official was in error in the
interpretation or application of the Florida Building Code. The unsafe
structures panel shall not exceed the time frames allowed for repair and
completion of buildings and structures specifically set forth in this division,
except where the work involved reasonably requires such additional time.
(3) A copy of the order shall be forwarded to the owner, and all
interested parties by registered or certified mail, and a copy thereof posted
on the property.
(4) If the owner or interested party fails to comply with the order of the
unsafe structures panel within the time stipulated therein and such order is
to repair, complete 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 of the
unsafe structures panel or Building Official. Buildings shall be secured with
concrete block or other materials of the same durability as determined by
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the Building Official. Swimming pools shall be secured by fencing or by
using another approved method as determined by the Building Official.
(5) If the order of the unsafe structures panel is to demolish the
building or structure and to remove or salvage contents, debris and
abandoned property from the premises, and the owner or those
responsible shall have failed to comply with such order, then the Building
Official may do so. Swimming pools shall be demolished by removal of
any stagnant water and any above ground parts of the structure, breaking
open the bottom and filling with sand or clean fill level to the existing
,grade.
(j) Multi-unit structures.
(1) This subsection shall be applicable to all multi-unit structures. As
used in this subsection, the term multi-unit structures means all
townhouses and other structures which contain units divided by one or
more common walls, where the structural integrity of any component unit
depends 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 any order of the unsafe structures panel in connection with
any multi-unit structure, then in addition to any other right or remedy
contained in this section, the City 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 Florida Building Code with respect to any
structure, multi-unit structures may be secured by performing whatever
work the Building Official may determine is reasonably necessary to
preserve the structural integrity, water-tightness, or safety of adjacent
units or the surrounding community which work may include, but not be
limited to roofing, windows, and electrical.
(2) The procedure for enforcement of this Code set forth above shall
be in addition to, and not in derogation of, other procedures available to
the Building Official pursuant to the Florida Building Code. The provisions
of this subsection are not intended to exonerate any owner or other
interested party from compliance with the Florida Building Code or any
order of an unsafe structures panel.
(k) Recovery of cost.
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(1) All costs incurred pursuant to any of the provisions of this section
shall be paid by the owner, interested party, 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) Any other employee, official or agency who incurs costs while
executing any provision within this division shall create an affidavit stating
with fairness and accuracy the items of expense and the date of execution
of actions authorized by this section. That affidavit shall be given to the
Building Official responsible for the unsafe structure at issue and filed
among his records for that property.
(4) The enforcing agency may institute a suit to recover such expenses
against any liable person or may cause such expenses to be charged
against the property on which the violation occurred as a lien or as a
special assessment lien collectible according to established procedures.
(5) Any lien imposed pursuant to this division shall be a lien greater in
dignity to all liens, excepting IRS tax liens. Such existing liens or liens
imposed hereafter shall be treated as special assessment liens against
the subject real property, and until fully paid and discharged, shall remain
liens equal in rank and dignity with the lien of ad valorem taxes, and shall
be superior in rank and dignity to all other liens, encumbrances, titles and
claims in, to or against the real property involved; the maximum rate of
interest allowable by law shall accrue to such delinquent accounts. Such
liens shall be enforced by any of the methods provided in Florida Statutes
chapter 86; or, in the alternative, foreclosure proceedings may be
instituted and prosecuted under the provisions applicable to practice,
pleading and procedure for the foreclosure of mortgages on real estate set
forth in state statutes, or may be foreclosed per F.S. Ch. 173, or the
collection and enforcement of payment thereof may be accomplished by
any other method authorized by law. The owner and/or operator shall pay
all costs of collection, including reasonable attorney fees, incurred in the
collection of fees, service charges, penalties and liens imposed by virtue
of this article.
(6) Liens created pursuant to this section may be discharged and
satisfied by paying to the City the amount specified in the notice of lien,
together with interest thereon from the date of the filing of the lien
computed at the maximum statutory interest rate, together with the
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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 City 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
division shall be in addition to and not in derogation of other provided in
the Florida Building Code or otherwise provided by law.
(I) Unsafe structure panels.
Unsafe structures panels are hereby created to conduct hearings as provided for
under this section.
(1) Composition. Unsafe structures panel(s) shall consist of three
members from the list of panel members available from the County Clerk
pursuant to Miami-Dade County Administrative Order No. 2-5, as
amended. A building department representative will serve as an ex-officio,
non-voting member of each panel, to act as a liaison. The ex-officio
member shall not count toward a quorum of the panel.
(2) Designation. At the request of the director of the building
department, the county clerk shall designate three members to constitute
one or more unsafe structures panel(s) to conduct hearings on the dates
scheduled by the director of the building department or his designee. At
least one of the members on each panel shall have knowledge of
construction gained from experience as an architect, engineer, general
contractor or lawyer. The director of the building department shall not have
any input into which members are designated to comprise a particular
panel.
(3) Organization of the unsafe structures panels.
a. The director of the building department may utilize one or
more unsafe structures panel(s) as needed to conduct hearings.
b. Quorum. All three (3) unsafe structures panel members must
be present to conduct a hearing or take any action.
c. A majority vote of unsafe structures panel members present
and voting shall be sufficient to overrule, modify or affirm any action
or decision of the Building Official or to take any action within the
scope of the powers and duties of the panel.
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d. No member of an unsafe structures panel shall sit as a
voting member in any hearing on a matter in which he has a
personal or financial interest.
e. The director of the City Building Department, or his
designee, shall assist the unsafe structures panel, but shall have no
vote.
f. The director of the City Building Department or his designee
may call and schedule unsafe structures hearings.
g. Audio record shall be kept of all unsafe structures hearings
and all hearings shall be public.
h. All hearings shall be open to the public, and any person
whose interest may be affected by the matter on appeal shall be
given an opportunity to be heard in person, or through his attorney.
i. Witnesses may be sworn and subpoenaed by the unsafe
structures panel in a like manner as they are subpoenaed by the
court or courts in Miami-Dade County.
j. The hearings 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 type of evidence on
which responsible persons are accustomed to rely in the conduct of
serious affairs regardless of the existence of any common law or
statutory rules which might make improper the admission of such
evidence over objection in civil actions.
k. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be
sufficient in itself to support a finding unless it would be admissible
over objection in civil actions.
I. The rules of privilege shall be effective to the same extent
that they are now, or hereafter may be, recognized in civil actions;
and irrelevant and unduly repetitious evidence shall be excluded.
m. The director of the City building department shall provide
adequate and competent clerical and administrative personnel and
19 of 27
such technical or scientific personnel as may be reasonably
required by the unsafe structures panels for the proper
performance of their duties, subject to budget limitations. The
director of the City building department shall maintain a record of all
proceedings, including but not limited to a court reporter's transcript
of the proceeding, and may clarify the same as a true copy and
make a reasonable charge therefore; provided, the court reporter
shall certify the copy of his or her transcript.
n. The director of the City building department shall provide a
regular meeting place for the panel.
(4) Duties, powers and compensation of the unsafe structures panels.
The unsafe structures panels and shall have the following duties,
functions, powers and responsibilities:
a. Hear and determine appeals from actions and decisions of
the Building Official pursuant to the provisions of this section.
b. Hear and review the application of the Building Official for
the review of his or her action where his or her decision as
indicated in a notice of violations has not been complied with.
c. Affirm, modify or reverse the decision of the Building Official
upon appeal or on application for review.
d. In the event of judicial review of an unsafe structure panel
order, the director of the City building department or his designee
shall transmit the records with all exhibits, instruments, papers and
transcripts of its proceedings to the reviewing authority if so
requested.
e. The members of the unsafe structures panels shall be
compensated as provided for under Miami-Dade County
Administrative Order No. 2-5, as amended. Moreover, the members
shall not be employees of the City.
(5) Duties of the City attorney. The City attorney shall either be counsel
to the unsafe structures panel or shall represent the City by presenting
cases to the unsafe structures panel, but in no case shall the City attorney
serve in both capacities.
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(m) Requests for extensions of time.
Any owner or authorized representative may seek an extension of the timeframes
set forth in an order of the unsafe structures panel. Such request for a hearing to
seek such extension must be in writing, directed to the unsafe structures panel.
The unsafe structures panel shall not be authorized to extend any deadline for
compliance, set forth in the order, unless the secretary of the unsafe structures
panel receives the written request for extension prior to the deadline specified in
the initial order. For example, in the event the unsafe structures panel order
states that a permit must be obtained within a specified period, the request for
extension of the deadline to obtain the permit must be received prior to the
expiration of that specified period. If the same order provides a deadline for
completion of the structure, the request for the extension for the deadline of
completion must be received prior to the deadline for completion, provided that
the applicant has complied with the permit deadline. In no event may the unsafe
structures panel grant more than one extension of time for each initial order.
To obtain an extension, the owner or applicant must demonstrate to the
reasonable satisfaction of the unsafe structures panel that the structure that is
the subject of the order is secure at the time the extension is sought and that the
owner or applicant has made a good faith attempt to comply with the order which
has been impeded by changed circumstances or other circumstances outside of
the owner or applicant's control. As a further condition of the extension, the
owner or applicant must submit in writing, together with the petition for an
extension, a written timetable for compliance with the substantive provisions of
the order and for completion of all necessary repairs. The unsafe structures
panel shall not reconsider the order, limiting its consideration of the petition to
deciding whether the grounds for an extension have been satisfied in the manner
set forth in this subsection.
(n) Judicial review.
Any owner or authorized representative aggrieved by a decision of the unsafe
structures panel may seek judicial review of that decision in accordance with
Rule 9.110(c) of the Florida Rules of Appellate Procedure. Accordingly, any
order, requirement, decision, denial of a request for extension of time, or
determination of the unsafe structures panel shall be reviewed by the filing of a
notice of appeal in the circuit court appellate division of the Eleventh Judicial
Circuit in and for Miami-Dade County, Florida, within 30 days of rendition of the
order.
(o) Definitions.
Building or structures shall be synonymous.
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Interested parties shall be defined as stated in Chapter 14 of this Code.
All other definitions shall be defined as stated in Chapter 14 of this Code or
Chapter 8 of the Miami-Dade County Code.
Sec. 10-501. Maintenance of vacant lots after demolition of structures.
(a) Intent.
It is the intent of this section to regulate an improved or unimproved lot that has
become vacant or the ground has been left in disarray or excavated due to
demolition of a structure(s) on the lot and to implement regulations to:
(1) Ensure the lot is rehabilitated in a park-like appearance;
(2) Reduce neighborhood blight and its negative effects by regulating
the aesthetic character of vacant lots, formerly improved lots; or
(3) Ensure the lot does not have portions of land which have been
excavated and not returned to a uniform and level grade after a
demolition.
(b) Definitions.
For the purpose of this section, the following words and phrases shall have the
meaning respectively ascribed to them by this subsection:
(1) Vacant lot: As defined in City Code section 46-91, as amended, a
lot, tract, or other parcel of land in the City that does not have a structure
or building on the land.
• (2) Structure: As defined in City Code section 114-1, as amended, a
structure or building as defined by the Florida Building Code, as amended.
(3) Tree: As defined in City Code Chapter 46, as amended, any self-
supporting woody plant or palm which usually has a single main axis or
trunk, with a minimum trunk diameter at breast height of two inches and a
minimum overall height of 12 feet. This definition excludes plants which
are defined as shrubs, hedges, vines, or ground covers. Palms shall have
a minimum height of 14 feet in order to be classified as a tree.
(4) Lot:A parcel of land; a portion of land; property.
(b) Minimum requirements.
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When a structure has been demolished and real property has become a vacant
lot or a portion of a lot has been left in disarray or excavated because of a
demolition, the owner of the lot shall, at a minimum:
(1) Remove all debris resulting from the demolition of the
structure, along with any other garbage from the lot.
(2) Refill and grade the lot in accordance with subsection (d),
and lay down sod or hydroseed on any exposed dirt on the lot.
Nothing in this section shall be construed to require the removal of
trees from the lot.
(3) If the owner, fails to comply with the provisions of this
section, the City, may issue a notice of violation. Moreover, after
proper notice to the owner of record as listed in the Miami-Dade tax
roll, certified mail return receipt requested, the City may refill, grade,
and sod the lot and impose a lien on the property for the work done.
(d) Fill requirements.
The re-filling, grading, and sodding of the lot shall comply with the Florida
Building Code, as amended.
(e) Enforcement provision.
This section may be enforced in accordance with the Florida Building Code.
Nothing in this section precludes the Building Official or his/her designee from
enforcing this section by any and all means provided by law, including but not
limited to, any actions in Circuit Court.
(f) Special assessment provision.
(1) Under the lawful authority granted to municipalities pursuant to
Florida Statutes Chapters 170 and 166, the City hereby authorizes the
levy and collection of special assessments to the fund the costs of any
work done by the City to enforce compliance with the requirements of this
section.
(2) Any work undertaken by the City under this section shall be treated
as special assessment liens against the subiect real property, and until
fully paid and discharged, shall remain liens equal in rank and dignity with
the lien of ad valorem taxes, and shall be superior in rank and dignity to all
other liens, encumbrances, titles and claims in, to or against the real
property involved. Interest at the rate of 12 percent per annum shall
23 of 27
accrue to such delinquent accounts. Such liens shall be enforced by any
of the methods provided in Florida Statutes Chapter 85, as amended, or,
in the alternative, foreclosure proceedings may be instituted and
prosecuted under the provisions applicable to practice, pleading and
procedure for the foreclosure of mortgages on real estate set forth in state
statutes, or may be foreclosed pursuant to Florida Statutes Chapter 173,
as amended, or the collection and enforcement of payment thereof may
be accomplished by any other method authorized by law. The property
owner shall pay all costs of collection, including reasonable attorney fees,
incurred in the collection of fees, service charges, penalties and liens
imposed by virtue of this section. Additionally, the City may elect to utilize
the uniform method for the levy, collection and enforcement of this non-ad
valorem assessment pursuant to Florida Statutes Section 197.3632, as
may be amended from time to time.
(q) Best efforts.
The City, when at all possible, will use best efforts to comply with the provisions
of this section when demolishing property within the City, regardless of
ownership.
Sec. 14-502. Maintenance of lots or property containing excavated
construction sites or excavated sites in considerable non-compliance with
the Florida Building Code.
(a) Intent.
It is the intent of this section to regulate property containing excavated
construction sites or excavated sites that have become a nuisance or a danger to
the community and are in considerable non-compliance with the Florida Building
Code, pursuant to the Building Official. This section seeks to implement
regulations to:
(1) Reduce neighborhood blight and its negative effects by regulating
the aesthetic character of lots or property containing excavated
construction sites or excavated sites; or
12) Ensure the lots or property containing excavated construction sites
or excavated sites do not have portions of land which have been
excavated are returned to a uniform and level grade.
(b) Definitions.
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For the purpose of this section, the following words and phrases shall have the
meaning respectively ascribed to them by this subsection:
(1) Construction site: A lot or site on which a structure is being built or
constructed.
(2) Excavation; excavated site: A site that has been unearthed; a site
made hollow by removing the inner part; a site which has a hole or cavity
in or formed into a hollow, as by digging.
(3) Excavated construction site: A construction site which has an
excavation or hole.
(4) Florida Building Code: The unified building code for the State of
Florida, adopted by the Florida Building Commission pursuant to Fla. Stat.
Section 553.73 et. seq., as the same may be amended from time to time.
(5) Lot:A parcel of land; a portion of land; property.
(c) Minimum requirements.
When an excavated construction site or an excavated site has been left derelict
and in disarray for more than three months, to the point that the property is
deteriorating and poses a danger to the community, the Building Official shall
make a determination as to whether the property is in substantial non-compliance
with the Florida Building Code and Chapter 8 of the Miami-Dade County Code
and at such time, order the property owner, via a notice of violation, that such
violations must be corrected within the time set on the notice.
(1) If the property owner refuses to correct the violations on the
property, as stated in subsection (d) below or commence construction on
the property, the Building Official shall be authorized to return the property
to a uniform and level grade.
(2) The Building Official shall order the property to be refilled and
graded in accordance with subsection (d) below. Moreover, the Building
Official shall order sod or hydroseed on any exposed dirt on the property.
(3) Nothing in this section shall be construed to require the removal of
trees from the lot. Nothing in this section shall prevent the property owner
from performing this re-filling on his/her own.
25 of 27
(d) Fill requirements. The re-filling, grading, and sodding of the lot shall
comply with the Florida Building Code, as amended.
(e) Enforcement provision. This section may be enforced in accordance
with Chapter 30, entitled "code enforcement." Nothing in this section precludes
the City from enforcing this section by any and all means provided by law,
including but not limited to, any actions in the circuit court.
(fl Special assessment provision.
(1) Under the lawful authority granted to municipalities pursuant to
Florida Statutes Chapters 170 and 166, the City hereby authorizes the
levy and collection of special assessments to the fund the costs of any
work done by the City to enforce compliance with the requirements of this
section.
(2) Any work undertaken by the City under this section shall be treated
as special assessment liens against the subject real property, and until
fully paid and discharged, shall remain liens equal in rank and dignity with
the lien of ad valorem taxes, and shall be superior in rank and dignity to all
other liens, encumbrances, titles and claims in, to or against the real
property involved. Interest at the rate of 12 percent per annum shall
accrue to such delinquent accounts. Such liens shall be enforced by any
of the methods provided in Florida Statutes Chapter 85, as amended, or,
in the alternative, foreclosure proceedings may be instituted and
prosecuted under the provisions applicable to practice, pleading and
procedure for the foreclosure of mortgages on real estate set forth in state
statutes, or may be foreclosed pursuant to Florida Statutes Chapter 173,
as amended, or the collection and enforcement of payment thereof may
be accomplished by any other method authorized by law. The property
owner shall pay all costs of collection, including reasonable attorney fees,
incurred in the collection of fees, service charges, penalties and liens
imposed by virtue of this section. Additionally, the City may elect to utilize
the uniform method for the levy, collection and enforcement of this non-ad
valorem assessment pursuant to Florida Statutes § 197.3632. as may be
amended from time to time.
Sec 14-503 through 14-698 Reserved.
* * *
26 of 27
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained, that the
provisions of this Ordinance shall become and be made part of the Code of the
City of Miami Beach, as amended; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of A , 2015.
ATTEST:
/r/
,1 S
P
•
Rafael E. Granado, City Clerk
* * ; APPROVED AS TO
INCORP ORATED: FORM & LANGUAGE •
First Reading: April 15, 20 &FOR EXECUTION
Second Reading: May 6, 2015 h, 5, ''1• .... •• �� ' • 5L(15
"4„4-Fi
. 2 � City Attorney Date
[Sponsored by Commissioner Wolfson] `""m ■
F:\ATTO\BOUE\Ordinances\Unsafe Structure Board ORD[Final 5-8-2015].docx
27 of 27
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and City Commission
City Attorney Raul Aguila
FROM: City Manager, Jimmy Morales �' '
DATE: May 6, 2015 SECOND READIN , — P A BLIC HEARING
II
SUBJECT: Unsafe Structure Board
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14
ENTITLED "BUILDING REGULATIONS" OF THE CITY CODE BY
CREATING DIVISION 4 ENTITLED "UNSAFE STRUCTURES";
CREATING SECTIONS 14-500 THROUGH 14-502 RELATING TO
NOTICE AND PROCESS FOR UNSAFE STRUCTURES AND
CREATING A MUNICIPAL UNSAFE STRUCTURE PANEL; AND
APPEAL PROCESS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; APPLICABILITY; AND AN
EFFECTIVE DATE.
HISTORY/BACKGROUND
On August 29, 2014, the Finance & Citywide Projects Committee reviewed and
recommended for approval a budget proposal to increase the Building Department budget
by $50,000 to establish an Unsafe Structure Board Panel. As part of the 2014-2015 Budget,
the City Commission approved an enhancement to the Building Department, totaling
$50,000 to establish an Unsafe Structures Panel, which "will streamline the unsafe
structures process that is currently coordinated by Miami-Dade County." The funding was
provided to fund an Office Associate IV to manage the case files for the Panel and work as
the primary point of contact for members of the public involved with scheduled hearings
before the Unsafe Structure Panel.
ANALYSIS
The Unsafe Structure Panel is modeled after Miami-Dade County and the City of Miami's
Panels. The County actually has two processes—the Unsafe Structure Board which is used
for municipal cases and the Unsafe Structure Panel, which is utilized for unincorporated
Miami-Dade County. The County Code, at Chapter 8, specifically authorizes municipalities
to create their own unsafe structure procedures. Specifically, section 8-5(a)(1) of the County
Agenda Item IR S^B
Date S--c,-I
Memorandum to the City Commission
Second Reading— Public Hearing: Unsafe Structure Panel
May 6, 2015 Page 2
Code provides that a municipality may select to establish, by ordinance, its own
administrative process to address unsafe structures within municipal boundaries, including
the process for appeal of decision of the Building Official that structures are unsafe.
Following adoption of such an ordinance the City would be solely responsible for the
conduct of its own process and appeals, and for the enforcement of the laws governing
unsafe structures within its jurisdiction. The County Code does require that if the structure
has been designated historic and is under the County's historic preservation jurisdiction,
demolition procedures shall still abide by the process as set out in the Miami-Dade County's
historic preservation ordinance as found in Chapter 15A of the Miami-Dade County Code.
The City's ordinance would also require that its own rules and regulations relating to the
City's Historic Structures and Historic Districts, shall control, where applicable, the
demolition of historically designated structures or structures within historic districts and shall
be utilized during the City's Unsafe Structure Panel process.
The ordinance defines an unsafe structure consistent with the provisions of the Florida
Building Code, and consistent with the Miami-Dade County Code. The code addresses the
physical criteria for finding a building unsafe; requires notice by certified mail, first class mail
and posting; provides an appeal process to a three person hearing officer process. All three
hearing officers shall be required to participate in each hearing. The hearing officers shall
be selected from the Miami-Dade County Clerk of Court's list of hearing officers, and shall
be randomly selected by the Clerk to be the City's three hearing officers on a specific date.
This random selection ensures that the officers are impartial. Annually the County appoints
a series of hearing officers to hear code compliance, animal cruelty, unsafe structure, and
other appeals. The officers are extensively trained in the procedures and are each paid an
hourly rate of $50.00/per hour; for a total fee of $400.00, per day; $1,200/per day for all
three hearing officers. The City would piggy-back off of the County contract with these
hearing officers.
FINANCIAL IMPACT
Currently, to utilize the County's unsafe structure Board process, the City is charged over
$3,000, at the beginning of the process, regardless of whether there is a quick resolution
due to compliance, or a final adversarial hearing. Additionally, both the Building Official and
a representative of the City Attorney's office would have to spend most of the day in the
County, as the City would have it wait to have its items called (as the County's Unsafe
Structure Board covers all municipalities utilizing its services); and due to travel time, etc.
The City would also be responsible for the court reporter costs, and administrative costs of
the County, which appear to be greater than the costs would be if the City utilized its own
program. Ultimately, all the hard costs are recoverable against the property owner, and the
property may be Iiened. Nevertheless, the City's immediate out-of-pocket expenditure
would be greatly reduced by utilizing the new process.
The startup costs for the USP breakdown is as follows:
Hearing officers — based on the language Over estimate of each panel cost is max
in the e-mail below, the panel is to daily rate for each officer ($400.00 per
consist of three (3) hearing officers from _ day as per Miami-Dade County
Memorandum to the City Commission
Second Reading—Public Hearing: Unsafe Structure Panel
May 6, 2015 Page 3
the list of panel members available from Administrative Order No. 2-5, hourly rate
the County Court of$50.00) = $1200 per hearing (12
hearings per year).
Hearing stenographer No cost— not required, all hearings only
required to have audio recording which is
available in the City Commission
Chambers.
Additional staff requirements No additional staff required —existing
Violations staff currently facilitating the
Miami-Dade County Unsafe Structures
Board cases will be utilized.
Cost of advertisements (required Est. Daily Business Review ad to run for
published notices) two weeks based on the language in the
e-mail below
(four date run) $184.90 per case
Certified Mail costs —to property owner $5.75 each
and all others affected
Recording fees for Board Order $18.50 per case
Filing and Satisfaction of Lien (if costs $37.00 per case
not recovered)
Again, all costs incurred pursuant to any of the provisions of this section shall be
paid by the owner, interested party, or occupant of the premises on which the
violation occurred. Recovery of cost would include lien rights, foreclosure, and sale
of the underlying property.
On April 15, 2015 first reading was held. No edits were proposed.
CONCLUSION
The Building Official recommends approval of the ordinance on second reading. The
Administration supports the recommendation of the Building Official.
F:WTTO\BOUE\Ordinances\Unsafe Structure Board Ordinance-MEMO[May 2015 agenda 2nd Reading].docx
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