2002-25032 Reso
RESOLUTION NO. 2002-2.5032
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING TO CONSIDER AN ORDINANCE OF THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER
118, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES", ARTICLE X, ENTITLED "HISTORIC
PRESERVATION", DIVISION 2, ENTITLED "HISTORIC
PRESERVATION BOARD REVIEW OF PROJECTS", BY
AMENDING SECTION 118-532 TO CLARIFY AND EXPAND
PROCEDURES FOR THE MAINTENANCE OF DESIGNATED
PROPERTIES; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach wishes to preserve its unique architectural history and
to maintain the structural, historical and architectural integrity of existing structures in the City's
designated historic districts and sites; and
WHEREAS, the City of Miami Beach desires to refine, clarify, expand and enhance existing
procedures of the Historic Preservation Board, the Planning Department and the Building
Department regarding the maintenance of designated properties in order to preserve the historical
and architectural integrity and character of the City; and,
WHEREAS, the City Commission deems it appropriate for the public health, safety and
welfare, and to protect the architectural history of Miami Beach to revise procedures and regulations
addressing demolition by neglect.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that a first reading shall be held on November 13,
2002, to consider the proposed Ordinance Amendment revising procedures and regulations
protecting against demolition by neglect for properties located within historic districts, in the City
Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida, and the City Clerk
is hereby authorized and directed to publish and distribute e appropriate public notice of said
public hearing at which time all interested parties will be hr.
PASSED and ADOPTED this 23rd day of
,2002.
J'fuM ( ~tLt ~
CI CLERK
MAYOR
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTI N:
/0. -02.-
DATE
CI
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
Setting of Public Hearing - Ordinance amendment revising the demolition by neglect procedures of the
Historic Preservation section of the City Code.
Issue:
The Administration is requesting that the Mayor and City Commission schedule a First Reading, Public
Hearing for November 13, 2002, to consider a proposed Ordinance amendment revising the demolition
by neglect procedures of the Historic Preservation section of the City Code. The proposed amendments,
among other things, will provide for Minimum Maintenance Standards, as well as establish revised
enforcement provisions of the minimum maintenance standards, by providing for the City to seek a court
action requiring that a property owner undertake any necessary remedial work to stabilize and secure an
affected structure.
Item SummarY/Recommendation:
Adopt the Resolution scheduling a First Reading, Public Hearing on November 13, 2002.
Advisorv Board Recommendation:
The proposed Ordinance was reviewed by the Historic Preservation Board on July 9'", 2002 and was
transmitted by the Planning Board with a favorable recommendation on September 24, 2002.
Ci Clerk's Office Le islative Trackin
Jorge Gomez / Tom Mooney
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
AGENDA ITEM
DATE
C:7cX
/O~3-o2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
WNW.ci.miami-beach.fl.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez '\ ~
City Manager (f U
Setting of Public Hearing - Demolition by Neglect Procedures
Date: October 23, 2002
To:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 118, ENTITLED "ADMINISTRATION
AND REVIEW PROCEDURES", ARTICLE X, ENTITLED "HISTORIC
PRESERVATION", DIVISION 2, ENTITLED "HISTORIC PRESERVATION
BOARD REVIEW OF PROJECTS", BY AMENDING SECTION 118-532 TO
CLARIFY AND EXPAND PROCEDURES FOR THE MAINTENANCE OF
DESIGNATED PROPERTIES; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Administration is requesting that the Mayor and City Commission schedule a First
Reading, Public Hearing for November 13, 2002, to consider an Ordinance amendment
revising demolition by neglect procedures for structures located within historic districts.
The proposed Ordinance was reviewed by the Historic Preservation Board on July 9th,
2002 and was transmitted to the City Commission by the Planning Board with a favorable
recommendation on September 24,2002. The following is a summary of the proposed
changes:
. A specific definition for "Demolition by Neglect" has now been provided for in the Code.
. Specific "Minimum Maintenance Standards", as well as an "Intent" have now been
provided. The minimum maintenance standards are very specific as to what will
constitute demolition by neglect.
. The notice provisions and the actions that can be taken by the City have been modified
Page 2 of 2
October 23, 2002
Setting of Public Hearing - Demolition by Neglect
to address the legal boundaries of what the City can do and to what extent the Building
Official can enforce a demolition by neglect policy. Because the City faces certain
constraints from a liability standpoint, it becomes difficult for the Building Official to
order work on private property, other than the boarding and sealing of a structure, or
the emergency demolition of a structure.
. The Building Official and the City cannot oversee or take responsibility through a third
party (such as a contractor hired by the City) the structural shoring or stabilization of a
private building. Therefore, in order to enforce the provisions of the minimum
maintenance standards, the proposed ordinance calls for the City to seek a court action
requiring that the property owner undertake the necessary remedial work to stabilize
and secure an affected structure.
. The procedures for vacated buildings and structures have been streamlined and
simplified.
. A prohibition of variances from the demolition by neglect section of the code has now
been provided, to prevent unnecessary delays of enforcement.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt this resolution
scheduling a First Reading, Public Hearing for November 13, 2002, to consider the
propo~:nance Amendment.
JMGif6b\TRM
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