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