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RESOLUTION 89-19689 RESOLUTION NO. 89-19689 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY, AN AGREEMENT WITH DADE COUNTY, FLORIDA WHEREBY THE CITY OF MIAMI BEACH IS DELEGATED THE AUTHORITY TO ENFORCE THE PROVISIONS OF CHAPTER 17B OF THE DADE COUNTY CODE. WHEREAS, the City Commission of the City of Miami Beach is aware that structures in the City of Miami Beach often become open, unsecured, vandalized, or used for illicit purposes by trespassers resulting in conditions that are unhealthy, unsafe, unsightly, and a blight upon neighborhoods and the community at large, and that said structures are often used for the distribution and consumption of narcotics and other controlled substances thereby constituting a health and safety hazard to the public and community at large; and WHEREAS, the demolition of said structures will improve the security and quality of life in general of person living nearby, will prevent blight and decay, and will safeguard the public health, safety, morals, and welfare of the citizens of the City of Miami Beach; and WHEREAS, Dade County has agreed to enter an Agreement granting the Housing Inspector for the City of Miami Beach the right to enforce the provisions of Section 17B of the Dade County Code entitled "Metropolitan Dade County Demolition of Uninhabitable Structures Ordinance" within the City of Miami Beach; and WHEREAS, the City Manager recommends the execution of the above-referenced Agreement between Dade County and the City of Miami Beach, and the City Attorney having approved said Agreement as to form, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk are authorized to execute, on behalf of the City, an agreement with 1 Dade County whereby Dade County will grant the Housing Inspector for the City of Miami Beach the right to enforce the provisions of Section 17B of the Dade County Code within the City of Miami Beach. PASSED AND ADOPTED this 26th day of July , 1989 . ///': ! ;3"7 P MAYOR ATTEST: i)7/ %/. CITY CLERK FORM APPROVED:---1, 6sa//791-6,Witx^. / LEGAL DEPARTMENT DATE: 7 r 5 f I DJT/mml 7/21/89 a: \chp17b.res 2 OFFICE OF THE CITY ATTORNEY • 64 (0/ Wallah F L O R I D A a� ti f *t+ccar * P.O. BIN 190000 ARNOLD M. WEINER MIAMI BEACH, FLORIDA 3311' CITY ATTORNEY TELEPHONE: 673-7470 COMMISSION MEMORANDUM NO. �► ,��� 4 / TO: MAYOR ALEX DAOUD and I A t E: JULY 26 , 1989 MEMBERS OF THE CITY COMMIS ON _,� ROB W. PARKINS, CITY MANA'E' !� FROM: ARNOLD M. WEINER / ,Al CITY ATTORNEY RE: AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND METROPOLITAN DADE COUNTY FOR THE ENFORCEMENT OF CHAPTER 17B OF THE DADE COUNTY CODE BY THE CITY OF MIAMI BEACH In 1988 , Metropolitan Dade County enacted Chapter 17B of the Dade County Code entitled "Metropolitan Dade County Demolition of Uninhabitable Structures Ordinance. " (See Appendix) . Under the provisions of this Ordinance, procedures are established for the demolition of structures that are deemed uninhabitable due to a) arrests or police reports of incidents involving the keeping, consumption, or delivery of controlled substances or drugs on the premises of the subject structure and b) the exsistence of certain • physical criteria. See Sec. 17B-15, Dade County Code. Due to the County' s unwillingness to enforce the provisions of Chapter 17B in the incorporated areas of Dade County, and due to the interest of Commissioner Bruce Singer in promoting the enforcement of this Ordinance in the City of Miami Beach, the • attached agreement is submitted for City Commission approval . Pursuant to this agreement, Dade County will grant the City' s Housing.Inspector the power and authority to enforce the provisions of Chapter 1 _ in the City •of: Miami Beach: 16611, (tir V I L CA„ 4 1. AGENDA ITEM -- I DATE —� CITY OF MIA illEmani TO: Debra Turner DATE: 8/4/89 Legal FROM: Elaine M. Baker City Clerk SUBJECT: Agreement with Dade County, Florida whereby the City of Miami Beach is delegated the authority to enforce the provisions of Chapter 17B of the Dade County Code. Attached, please find three originals of the above mentioned agreement, together with a copy of the authorizing Resolution No. 89-19689 which have been executed by the City. Please forward all copies to the appropriate officials for signature, with the request that the blue-backed copy be returned to the attention of Mercy Williams in this office. Would you also please copy her on your letter of transmittal. She will subsequently forward a fully executed set to you for your files. Thank you. 8/3/90 The signed agreement of the above have not been received to this date. Please follow up. Thank you. 3 12--) qr ))-4-114-11 645") AGREEMENT This Agreement is entered into this day of , between Metropolitan Dade County ("DADE COUNTY") , and the City of Miami Beach ("CITY") : WITNESSETH WHEREAS , the City seeks to enforce the provisions of Chapter 17B of the Code of Metropolitan Dade County ("COUNTY CODE") within the City of Miami Beach through the City Housing Inspector, and WHEREAS , the County seeks to empower the City Housing Inspector with the authority to enforce Chapter 17B of the County Code within the City of Miami Beach, THEREFORE , in consideration of the mutual promises and covenants contained herein, the sufficiency of said consid- eration acknowledged, the parties agree as follows : 1 . Dade County Agrees : a. To designate the City' s Housing Inspector as a Minimum Housing Enforcement Officer with the power and authority to enforce the provisions of Chapter 17B of the COUNTY CODE within the incorporated areas of the CITY. • b . To grant the City Housing Inspector the right to enforce the provisions of Sec . 17B of. the COUNTY CODE, . c:: To defend, indemnify and hold harmless, to the extent allowed by law, the CITY, their present and future officers , employees and agents , from any and all claims , liability, losses and causes of action that may arise out of any negligence, error or omissions committed by Dade County in performing its obligations under this contract . 2 . The CITY agrees : a. To pay any and all costs associated with the enforcement of the provisions of Chapter 17B of the County Code including, but not limited to the costs associated with the demolition of structures determined to be uninhabitable iai pursuant to Chapter 17B. AGENDA ) ITEM OAT E b. To indemnify and hold harmless to the extent allowed by law, Dade County , its present or future officers , agents or employees from any and all claims , liability, losses or causes of action that may arise out of any negligence, errors or omissions committed by the CITY, its employees agents or officers in performing its obligations under this contract. IN WITNESS WHEREOF , the parties have caused this Agreement to be executed by their duly authorized officials this day of , 19 . METROPOLITAN DADE COUNTY: COUNTY MANAGER ATTEST: DEPUTY CLERK (SEAL) CITY OF MIAMI BEACH: ' • MAYOR ATTEST: CITY CLERK (SEAL) 2/995 �r �Ir FORM APPROVED: July 21, 1989 Y• • Chapter 17B METROPOLITAN DADE COUNTY DEMOLITION OF UNINHABITABLE STRUCTURES ORDINANCE' Sec. 1784. Authority to enact chapter;short title. This chapter is enacted under and pursuant to the provisions of the Home Rule Charter of Government for Dade County, Florida, and shall be known and may be cited as the "Metropolitan Dade County Demolition of Uninhabitable Structures Ordinance." (Ord. No. 88-59, § 1, 7-5-88) Sec. 17B-2. Legislative findings and intent. The Board of County Commissioners of Dade County, Florida, hereby finds and declares that in recent years and at present an increased number of uninhabitable structures exist, the mainte- nance of which is often neglected by the owners thereof. It is furthermore found and declared by this board that said struc- tures often become open, unsecured, vandalized, or used for illicit purposes by trespassers, resulting in conditions that are unhealthy, unsafe. unsightly, and a blight upon the neighborhood and com- munity at large, and that the demolition of uninhabitable struc- tures will improve the security and quality of life in general of persons living nearby, will prevent blight and decay, and will safeguard the public health, safety, morals and welfare. In par- ticular. and without prejudice to the above findings, it is found and declared by the board that said structures are often used for the distribution and consumption of narcotics and other controlled substances thereby constituting a health and safety hazard to the public and community at large. The intent and purpose of this chapter is to protect the health, safety, morals, and welfare of all the people of Metropolitan Dade County, Florida, by establishing standards governing the demo- lition of certain structures; authorizing and establishing proce- dures for the demolition of the same and setting forth a procedure for the enforcement of this chapter by prohibiting human habita- • 'Cross references—Housing, Ch. 17; vacant housing structures minimum standards.Ch. 17A. Supp.No. 177 414.127 . • • APPENDIX • 117B.2 DADE COUNTY CODE ; 178-5 tion in and ordering the demolition of structures found uninhabi- table. This chapter is hereby declared to be remedial and essen- tial to the public interest, and it is intended that this chapter be liberally construed to effectuate the purposes as stated above. (Ord. No. 88-59, § 1, 7-5-88) Sec. 17B-3. Construction and applicability. The provisions of this chapter and the standards set forth herein shall be applicable to the unincorporated and incorporated areas of Metropolitan Dade County, Florida. The provisions of this chapter shall apply irrespective of when such structure shall have been constructed, altered or repaired, and irrespective of any permits or licensers which shall have been issued for the use or occupancy of the structure or for the construction or repair of the structure prior to the effective date of this chapter. (Ord. No. 88-59, § 1, 7-5-88) Sec. 17B-4. Existing remedies preserved. The provisions of this chapter shall be cumulative and supple- mental to and not in derogation of any provisions of the Florida Statutes, the Code of Metropolitan Dade County or any other applicable law. (Ord. No. 88-59, § 1, 7-5-88) Sec. 178-5. Definitions. When used in this chapter the following terms shall have the meanings set forth below: (1) Uninhabitable structures: Those structures which meet the criteria set forth in section 17B-15. (2) Owner: The taxpayer with respect to the real property concerned as reflected in the most recently certified real property ad valorem tax roll of Metropolitan Dade County; provided however, where the records of the Dade County Property Appraiser indicate that ownership of the prop- erty has changed, the owner shall be the taxpayer as re- flected by such records. (3) Interested parties: The owner as defined above and any •• - other person or entity who has previously requested real • Supp.No. 177 414.128 .r • • • • 447 • • • . 1178-5 DEMOLITION OF STRUCTURES, ETC. 178-9 i property ad valorem tax notices with respect to the subject property in accordance with Section 197.344 Florida Stat- utes 1987, as the same may be renumbered or amender:. from time to time. (4) Minimum housing enforcement officer: Any employee oi charged the enforcement agencyched g with the responsibility of making inspections of structures and premises and issuing orders when necessary to effectuate the provisions of this chapter. (Ord. No. 88-59, § 1, 7-5-88) Sec. 17B-6. Violation. It shall be a violation of this chapter for an establish, maintain,own, lease or allow to existy person to erect, an uninhabitable structure as defined in section 178-15. Any such violation shall be redressed by Metropolitan Dade County in the manner forth in this chapter. (Ord. No. 88-59 set § 1, 7-5-88) Sec. 17B-7. Minimum housing enforcement officer; duties and powers. In addition to the duties,functions, powers and responsibilities found in sections 17-18, 1748,and 17A-6 of the Code p of Metropol- itan Dade County, the minimum housing enforcement officer shall have the right to enforce the provisions of this chapterter and any regulations promulgated hereunder. (Ord. No. 88-59, § 1, 7-5-88) Sec. 17B-8. Inspection of uninhabitable structures. The minimum housing enforcement officer has the authorityto inspect any structure for the purpose of determining rP whether the same is uninhabitable. (Ord. No. 88-59, § 1, 7-5-88) Sec. 17B-9. Notice;contents and posting. If, after inspection, the minimum housing enforcement officer finds a structure to be uninhabitable, the officer shall issue a notice stating that the structure has been found to be uninhabi- table. Such notice shall be posted in a conspicuous location on the • Supp. No. 177 414.129 • G • • • • • .. j 48 17B-9 DADE COUNTY CODE f 17840 structure which the officer has determined to be uninhabitable, and shall be in substantially the following form: ORDER TO DEMOLISH UNINHABITABLE STRUCTURE This structure has been found by the Minimum Housing Enforcement Officer to be uninhabitable pursuant to Chap- ter 17B of the Code of Metropolitan Dade County. THIS STRUCTURE SHALL BE VACATED—SHALL NOT BE OC- CUPIED. The owner or holder of a secured interest in this structure shall demolish the same within 20 days of this order or the same may be subject to demolition by Metropoli- tan Dade County or the municipality. THE OWNER OR HOLDER OF A SECURED INTEREST IN THIS PROPERTY MAY APPEAL THIS FINDING WI= 20 DAYS OF THE DATE INDICATED BELOW BY SUBMITTING A WRIT- TEN PETITION TO: Chairman, Minimum Housing Appeals Board 140 West Flagler Street Suite 803B Miami, Florida 33130 CAUTION: FAILURE TO APPEAL MAY RESULT IN THE DEMOLITION OF THIS STRUCTURE WITHOUT FURTHER NOTICE OR HEARING. DATE: (Signature, name, address, phone # of Minimum Housing Enforcement Officer) (Ord. No. 88-59, § 1, 7-5-88) Sec. 17B-10. Written notice. Within seventy-two(72) hours of posting the order to demolish uninhabitable structure pursuant to section 17B-9, the minimum housing enforcement officer shall send the owner and any inter- • ° ested parties a written notice setting forth the defects which - render the structure uninhabitable and the time within which the structure must be demolished or appeal requested. Such no- tice shall be sent by certified or first class mail addressed to all Supp. No. 177 414.130 • 49 • 117$-10 DEMOLITION OF STRUCTURES,ETC. ; 173-13 such parties' last known address as reflected in the records of the.. Dade County Property Appraiser. The lack of a signed retu; receipt shall not constitute a failure to notify interested part;.. (Ord. No. 88-59, § 1, 7-5-88) Sec. 17B-11. Notice by publication. A notice shall be published by the minimum housing enforce- ment officer in a newspaper of general circulation in Dade County once a week for two (2) consecutive weeks. The published notice shall contain the street address of the subject property and the names of the owner and any interested parties. The notice re- quired by this section shall state that the subject property has been found to be uninhabitable and is subject to demolition, and that the finding may be appealed by written petition to the minimum housing appeals board within the applicable time peri- od. (Ord. No. 88-59, § 1, 7-5-88) Sec. 17B-12. Final order. The order to demolish uninhabitable structure as provided for in section 17B-9 shall automatically become a final order author- izing demolition in the event that no written appeal from the notice is received by the minimum housing appeals board twenty (20) days after the date of posting. (Ord. No. 88-59, § 1, 7-5-88) Sec. 17B-13. Recording of final order. Whenever the order to demolish uninhabitable structure be- comes a final order authorizing demolition, as provided in section 17B-12 or pursuant to a decision by the minimum housing ap- peals board as provided in section 17B-14, the minimum housing enforcement officer shall file a copy of such final order, together with the street address or legal description of the subject proper- ty, with the clerk of the Circuit Court of Dade County, Florida, who shall cause the same to be recorded among the public records of Dade County. The recordation of such final order or other appropriate instrument as herein provided shall constitute con- structive notice to any subsequent purchasers, transferees, grant- - ees, mortgagors, mortgagees, lessees, lienors, and all persons having, claiming or'acquiring any interest in the property de- scribed therein, or affected thereby. (Ord. No. 88-59, § 1, 7-5-88) Supp. No. 177 414.131 • • • - - 50 • 178.14 DADE COUNTY CODE � 178-15 Sec. 178-14. Appeals to the minimum housing appeals -- T'he owner, the holder of a secured interest in the property, or party may appeal the findings of the minimum housing enforcement offiCer to th.e board by submittingaminimum housing appeals written petition within twenty(20)d8 s of to: the date indicated on the posted noticep Chairman, Minimum HousingAppeals PP a18 Board 140 West Fla filer Street Suite 803E • Miami, Florida 33130 The board shall hear and consider all facts and may affirm, reverse material to the appeal or modify the findings of the minimum housing enforcement officer. An seek Any person aggrieved by the deci- sion of the board may judicial review in accordance with the applicable Florida Appellate Rules. (Ord. No. 88-59, § 1, ?-5-88) Sec. 17B-15. Uninhabitable structures. (1) A structure shall be uninhabitable when: (a) It is visited by persons for the purpose of unlawfully pro- curing or using any controlled substance, as defined under Chapter 893 of the Florida Statutes, or any drugs, as de- fined in Chapter 499 of the Florida Statutes; or Cb) It is used for the illegal keeping, selling or delivering of such controlled substances or drugs; and the structure is found to have one or mor characteristics: more of the following (i) It is vacant, unguarded and open p at doors or windows, (ii) There is an unwarranted accumulation of debris or other combustible material therein, (iii) The structure's condition creates hazards with respect to means of egress and fire protection asrovided the particular occupancy, P for (iv) There is a falling away, hanging loose or loosening of • • any siding, block, brick, or other building material, Supp.No. 177 414.132 • • • 1 • 51 • . 4 17B-15 DEMOLITION OF STRUCTURES,ETC. 4 17B-16 (v) There is deterioration of the structure or struct— per, (vi) The structure is partially destroyed, (vii) There is an unusual sagging or leaning out of plump of the structure or any parts of the structure and such effect is caused by deterioration or over-stressing, (viii) The electrical or mechanical installations or systems create a hazardous condition, or (ix) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems. (2) A structure shall be presumed to be utilized for the pur- poses set forth in (1)(a) or (b) above when there are one or more arrests or police reports of incidents which involve the keeping, consumption, or delivery of controlled substances or drugs on the premises of the subject structure during the period of six (6) months preceding the posting of notice by the minimum housing enforcement officer. (3) A structure found to be uninhabitable as provided herein shall be subject to demolition. (Ord. No. 88-59, § 1, 7-5-88) Sec. 17B46. Recovery of cost;liens. (1) All costs incurred pursuant to this chapter shall be paid by the owner. (2) The minimum housing enforcement officer shall file among his records an affidavit stating the items of expense and the date of execution of actions authorized by this chapter. (3) The enforcing agency may institute a suit to recover such expenses against the owner and may cause such expenses to be charged against the property as a lien. Any lien imposed for demolition shall constitute a special assessment lien against the real property and until fully paid, discharged released or barred . by law shall remain a lien equal in rank and dignity to a lien of • Supp.No. 177 414.133 e • • �y+S • • 52 . . 4 17B-16 DADE COUNTY CODE 4 17B-16 county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. (Ord. No. 88-59, § 1, 7-5-88) • Supp. No. 177 414.134 • • •• 53• • • . • • •• ORIGINAL RESOLUTION NO. 89-19689 Authorizing the Mayor and the City Clerk to execute, on behalf of the City, an agreement with Dade County, Florida where- by the City of Miami Beach is delegated the authority to enforce the provisions of Chapter 17B of the Dade County Code.