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2002-3388 OrdinanceORDINANCE NO. 2002-3388 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, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X, "HISTORIC PRESERVATION," DIVISION 2, "HISTORIC PRESERVATION BOARD REVIEW OF PROJECTS," BY AMENDING SECTION 118-532 TO CLARIFY AND EXPAND PROCEDURES FOR THE MAINTENANCE OF DESIGNATED PROPERTIES TO PREVENT DEMOLITION BY NEGLECT; 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 Historic Preservation Board and the Planning Department are the primary vehicles for preserving this history and integrity; 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 of Miami Beach Historic Preservation Board strongly endorses the proposed amendments to the Historic Preservation Section of the Code; and 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. That Chapter 118, Entitled "Administration and Review Procedures", Article X, Entitled "Historic Preservation", Division 2, entitled "Historic Preservation Board Review of Projects" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Section 118-532. Proceedings before the historic preservation board. (g) (1) Maintenance of designated properties and demolition by neglect. The owner of any building, structure, improvement, landscape feature, public interior or site individually designated in accordance with sections 118-591, 118-592 and 118-593, or located within an historic district, whether vacant or inhabited, shall be required to properly maintain and preserve such building or structure in accordance with standards set forth in the Scu~ applicable Florida Building Code, this article and this Code. For purposes of this article, demolition by neglect is defined as any failure to comply with the minimum required maintenance standards of this section, whether deliberate or inadvertent. a. Required Minimum Maintenance Standards. It is the intent of this article to preserve from deliberate or inadvertent neglect, the interior, exterior, structural stability and historic and architectural integrity of any building, structure, improvement, landscape feature, public interior or site individually designated in accordance with sections 118-591, 118-592 and 118-593, or located within an historic district, whether vacant or inhabited. All such properties, buildings and structures shall be maintained according to minimum maintenance standards, preserved against decay, deterioration and demolition and shall be free from structural defects through prompt and corrective action to any physical defect which |eopardizes the building's historic, architectural and structural integrity; such defects ahall include, but not be limited to, the following: 1. Deteriorated or decayed fagades or fagade elements, including but not limited to fagades which may structurally fail and collapse entirely or partially; 2. Deteriorated or inadequate foundations; 3. Defective or deteriorated flooring or floor supports or any structural members of insufficient size or strength to carry imposed loads with safety; 4. Deteriorated walls or other vertical structural supports, or members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration; 5. Structural members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration; 6. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken or missing windows or doors; 7. Defective or insufficient weather protection which jeopardizes the integrity of exterior or interior walls, roofs or foundation, including lack of paint or weathering due to lack of paint or other protective covering; 8. Any structure which is not properly secured and is accessible to the general public; or 9. Any fault or defect in the property that renders it structurally unsafe or not properly watertight;. 10. The spalling of the concrete of any portion of the interior or exterior of the building. Notice, Adminiatrative Enforcement and Remedial Action. If any building, structure, improvement, landscape feature, public interior or site individually designated in accordance with sections 118-591, 118-592 and 118-593, or located within an historic district, in the opinion of the historic preservation board, planning director or designee, or the city's building official or designee, ;m c~n:u!ta~en ;v~h ~he p!ar~ng ~rect.~r, 2 o~md~,er, i~ee~, falls into a state of disrepair so as to potentially jeopardize its structural stability and/or architectural integrity, az ',;'ell a: and/or the safety of the public and surrounding structures, or fails to satisf~ any of the required minimum maintenance standards above, suc~ a..1., a ~: ~ ~+~,4 ^cc.~;.1 ~ th~ nlannino director or designee, or the city's building official or designee shall have right of entry onto the subject property and may inspect the subject property after five~,j ,4 .... ~' forty-eight (48) hours' notice to the owner of intent to inspect. In the event the properW owner refuses entry of any CiW Official onto the subject property, the CiW may file an appropriate action compelling the properW owner to allow such officials access to the subject properW for an inspection. Upon completion of the inspection of the subject properW, a report delineating the findings of such inspection, as well as any remedial action required to address any violation of the required minimum maintenance standards, shall be immediately transmitted to the propertyilwner. The CiW may require that the property owner retain a professional structural engineer, registered in the State of Florida, to complete a structural evaluation report to be submitted to the CiW. ~ thc ~ Upon receipt of~ such report, the property owner propem/shall immediately take steps to effect all necessary remedial and corrective actions .... ;c.~,4 :- +u ........., ~,4 .... .. '--~+;^-.._~ .. ~.~,4 ....... _..~...~*" to restore the structure's or bnilding's compliance with the required minimum maintenance standards herein; remedial action in this regard shall include, but not be limited to, the structural shoring, stabilization and/or restoration of any or all exterior walls, including their original architectural details, interior loadbearing walls, columns and beams, roof tresses and framing, the blocking of openings and securing of existing windows and door openings, as well as sealing of the roof surface against leaks, including from holes, punctures, open stairwells, elevator shafts and mechanical systems roof penetrations as necessary to preserve the building or structure in good condition. The owner shall substantially complete such remedial and corrective action within thirty (30) days of receipt of the report, or within such time as deemed appropriate by the building official, or designee, in consultation with the planning director or designee. Such time may be extended at the discretion of the city's building official, in consultation with the planning director. c. Injunction and Remedial Relief. If the owner of the subject property, in the opinion of the city's building official, fails to ~.,.~+~-+:~1~., undertake and substantially complete the required remedial and corrective action specified in +~' ...... ..... ry.'*, w~thln' · ,. ............ ........ t..v.~'~ .~vv.r.:-+ suck act!ch the specified time frame, the city may, at the expense of the owner, file an action seeking an iniunction ordering the property owner to take the remedial and corrective action to restore the structure's or building's compliance with the required minimum maintenance standards herein and seeking civil penalties as herein provided; fac ....... ar ~.o~,u ~-.~ .... ~r .... r'~-~ ;~--~;~* ..... Such civil action may only be initiated at the discretion of the City Manager or designee. The Court shall order an iniunction providing such remedies if the City of Miami Beach proves that the property owner has violated the required minimum maintenance standards or any portion of this article or this code· d. Civil Penalties. Violation of this article shall be pnni~hable by a civil penalty of up to five thousand ($5,000.00) dollars per day, for each day that the remedial and corrective action is not taken. (3) Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any building, structure, improvement, landscape feature, public interior or site individually designated in accordance with sections 118-591, 118-592 and 118-593, or located within an historic district which does not involve a change of design, appearance or material, and which does not require a building pemfit or certificate of appropriateness. Any building, structure, improvement, landscape feature, public interior or site individually designated in accordance with sections 118-591, 118-592 and 118-593, or located within an historic district that is the subject of an application for a certificate of appropriateness for demolition shall not have its architectural features removed, destroyed or modified until the certificate of appropriateness is granted. Owners of such property shall be required to maintain such properties in accordance with all applicable codes up to the time the structure is demolished. The ....... (4) Vacant Buildings and Structures. The owner of aCmy building, structure, improvement, landscape feature, public interior or site individually designated in accordance with sections 118-591, 118-592 and 118-593, or located within an historic .... ".....+1 district which is ......... j .................... proposed to be vacated and closed, and -,~ ?2stoic dlstr:,ct or is vacated and closed for a period of four weeks or more, ~n shall make application stmP,-be-ma4e for certificate of appropriateness approval and a building permit to secure and seal such building or structure. The ~, ......t .... ~-,,:~-~-~ -*-.~,,-~ ~ ..........+ landseap~ ........... ,or eowner's es e represen ve, s all notify the city's building official and planning director, or their designees, in writing of the proposed date of vacating such building or structure. a. Inspection of Premises and Sealing of Propertg Upon receipt of written notification to vacate, a visual walk-through inspection of the subject premises may be required, at the discretion of by the building official~"'"~ o~aeir-der, i~a.~. ~ to ascertain the general condition of the building. (5) .ru~ Such inspection ~; ....... .~; .... ~.~,~^_ [~xtA~ ^c,~.;~ :cctle. n shall include, but not be limited to, a visual c;'a!uat!on inspection of the structural system to the greatest extent possible, exterior and interior walls, roofs, windows, doors and special architectural features, as well as site features. Upon completion of such inspection, the building official, ...... ~.~.: ..... :,~- ,~-~ ~--:-~ ~:-~' .... *~'~; ....... ':--~ dz:i~::c:, shall notify the owner writing of the find' g fthe inspe ' If ' h,.:~.: ..... ,~.~. ........ ~- ..................... v-~w..v ........... the subject structure fails to comply with the required minimum maintenance standards herein, all remedial and corrective action necessar7 to restore the structure's or building's compliance with the required minimum maintenance standards herein shall be undertaken by the propertg owner ~.r ,~-~ ~...:~: ..... ~'~*"-~ to the satisfaction of the building official and the planning director, or their respective designees, before any sealing or closing of the structure shall be permitted. The owner of such building or structure shall be required to obtain certificate of appropriateness approval and a building permit for any and all such remedial and corrective work; upon completion of the work, the building official and planning director, or their designees, may reinspect the subject building or structure to determine whether all work has been completed in compliance with the approved plans. Upon determination of completion, the owner of the subject structure shall file application for certificate of appropriateness approval and a building permit to seal and secure the building. b. Reinspection of Premises the vacancy of the structure the building should fail to comply with the required minimum maintenance standards herein and fall into a state of disrepair constituting demolition by neglect, or is in violation of any portion of Section 118-532(g) of these Land Development Regulations, such premises shall be subject to all maintenance and enforcement provisions of Section 118-532(g) of these Land Development Regulations.....~--~" ....... -~.-.~ cen:tir.'-tc a'::.r, laticn as well as all of the city's building and property maintenance standards contained in this Code and the Florida Building Code ci.~s 5'.:/Idlng c.~c enforceable by the city using all available means. c. Enforcement and Remedial Action (7) Failure to comply with remedial action required by the planning director or building official, or designee, --':~':-..,..... ~v~n ~...~:w~,~ .... ~,'~ .... may result in city action to ensure the protection of public safety and the stabilization and preservation of the architectural integrity of the building or structure. Such measures shall all be undertaken at the expense of the owner, including but not limited to, the city filing an action to order the property owner to take all required corrective action and seeking to impose civil penalties, tc~ ~he~.~,~-: ..... *: ~ ~ wj,.5) Any and all liens referenced or imposed hereafter, based on the foregoing provisions, 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 F.S. cb. Fla. Stat. Ch. 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 Florida Statutes, or may be foreclosed per g,-g,~t~. Fla. Stat. 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 section. (6) There shall be no variances, by either the Board of Adiustment or the Historic Preservation Board, from any of the provisions contained in Section 118-532(g) of this Article. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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 followi~g~ / PASSED AND ADOPTED this llth dayot / n A~FEST: CITY CLERK Ordinance No. 2002-3388 loption. Aer~ ,2002. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ City Attomey Date First Reading: November 13, 2002 Second Reading: December 11, 2002 Vefifiedby: ~/~ j ~ //Jo/ge _~J Gom6z~'AICP Underscore/t~notes new language 12/12/2002 T:~AGENDA~002~DEC1102~EGULAR"DEMOLITION-BY-NEGLECT-ORD-FINALOOC CITY OF MIAMI BEACH ' ; NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBy given mat public hearings will be he d by the ~ Commission of the City of Miami Beach, Florida, in the Commission · ~ az me m~es listed below, to consider the followin on first rdadl~ - - g r.o~: 82-384(FF), ALLOWING LIMITED DISPLAYS OF FOOD SERVED AT SIDEWAUq A ;,, ,~mr. nu!P~. ~,ruv'~cH 1Hi. ENTITLED _= I ~AN~D..R..m_~ ..P~.C.E. DU~RES ,AR.~ X, EN~ED "H~S~OR~C PRESERVATmN', DMaO. m ~:, CN/IILbU HI:STORIC PRESERVATION BOARD REVIEW OF PROJECTS', BY AMENOIM m REPEALER, CODFICATION, SEVERAalUTY AND AN EFFECTIVE DATE. , . . j~ Ioquides may be directed to the Planning Department at (305) 673-7550. ' _N.__I._I. _~. ~ P~.. iE.S ars i.nvlt~, to appear at this meetieg, or be represmlted by , uny Hall, Miami ueach, Flmfd8 3313~ Copies of these ordinances ars available for public inspection durin nmmal hours in the ' . g o~,~.,[, nurma ,~]~u./ms meeung may be continued and under such c rcumstnnces I additional legal notl.ce would not be provided Robert E. Parcber, City Cla'k City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public lflat: If per..so., n dackl..~ t~ appeal any..declalon .made by the City Commission with respect to any · P g maulf, wmcn recom IrlClUOss b'le testlnlony nnd avfdnnc8 does it authoflze ,.~,-, ........ ).n.~,_OO_l__e.?~? in. aom!.smme..or irrelevant evidence, Aor later than toes're" "'~ ....... ~m._p_.r~.._~_ a.l?,g_ ??~ld.__c_nn_ta_ ct the City Clm'k'S O~flCe 110 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: 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 approve 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 Ordinance Amendment on Second Reading. Advisory Board Recommendation: The proposed Ordinance was reviewed by the Historic Preservation Board on July 9~n, 2002 and was transmitted by the Planning Board with a favorable recommendation on September 24, 2002. City Clerk's Office Legislative Tracking: I Oorge Gomez / Tom Mooney Financial Information: Amountto be expended: FinanceDept- iiiii!:T~!iiiii!ili n-Offs: AGENDA ITEM DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members Of The City Commission Date: December 11,2002 Jorge M. Gonzalez . ~ SECOND READING City Manager 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 TO PREVENT DEMOLITION BY NEGLECT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance on Second Reading. ANALYSIS The Historic Preservation Board, as part of a periodic review of the Historic Preservation Section of the City, and in conjunction with the condition of certain historically significant structures, has recommended that the "Maintenance of Designated Properties", or Demolition- by-Neglect, sections of the code be revised. This particular subsection was revised a few years ago, but subsequently determined to be unenforceable by the Building Official. In order to have a Demolition-by-Neglect code which is practical, enforceable and a deterrent to flagrant demolition, the Planning Department worked very closely with the Building Official and the City Attorneys Office in drafting revisions to the current code which built upon the important parts and modified the enforcement procedures so that they were legally enforceable. 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. December 11, 2002 Commission Memorandum Demolition By Neglect Procedures Ordinance Page 2 of 3 The notice provisions and the actions that can be taken by the City have been modified to address the legal boundaries of what the City can do and to what extent the Building Official can enfome 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. The Historic Preservation Board reviewed the proposed ordinance on July 9, 2002 and unanimously recommended its approval. On August 27, 2002 the Planning Board voted to transmit the proposed Ordinance Amendment to the City Commission with a favorable recommendation. The Planning Board raised a concern with regard to the Building Official and the City not overseeing through a third party (such as a contractor hired by the City) the structural shoring or stabilization of a private building. The Planning Board suggested that such potential action on the part of the City be made part of the Ordinance, but only as an option, and subject to concurrence by the City Attorney. The City Attorney, however, after researching this suggestion, has still concluded that there are constitutional and private property rights that would be impinged if the City were to take unilateral action to facilitate the stabilization and/or shoring of a building, particularly without any Court Order. Additionally, there would be significant liability issues, both in terms of workers compensation and personal injury issues during any repairs, as well as future liability questions should the repairs not be completed correctly. On November 13, 2002, the City Commission approved the subject Ordinance Amendment on First Reading, subject to some minor technical changes that have been incorporated by staff. CONCLUSION: The Administration recommends that the Mayor and City Commission adopt the proposed Ordinance Amendment on second reading. December 1 I, 2002 Commission Memorandum Demolition By Neglect Procedures Ordinance Page 3 of 3 Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall be necessary in.o, rd~r to enact any amendments to the Land Development Regulations. J M G/C~'~/J~/TRM T:~AGENDA~2002~DECl102~REGULAR~DEMOBYNEGLECTPROCEDURES-MEMO.DOC