Ordinance 2022-4518 ORDINANCE NO. 2022-4518
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 58 OF THE
MIAMI BEACH CITY CODE, ENTITLED "HOUSING," BY AMENDING
ARTICLE IV, ENTITLED "RENTAL HOUSING," BY AMENDING
DIVISION 2, ENTITLED "BUILDINGS UNFIT FOR HUMAN
HABITATION," BY AMENDING SECTIONS 58-361 THEREOF ENTITLED
"DESIGNATION OF BUILDINGS AS UNFIT FOR HUMAN HABITATION;
PLACARDING OF UNFIT BUILDINGS; CONDEMNATION OF UNFIT
BUILDINGS" AND 58-362 THEREOF, ENTITLED "OWNER'S DUTY TO
RELOCATE RESIDENTS," TO PROVIDE ADDITIONAL REMEDIES FOR
RESIDENTIAL TENANTS IN CONDEMNED BUILDINGS; CREATING
SECTION 58-364 ENTITLED "PROVISIONS OF DIVISION
SUPPLEMENTAL AND ADDITIONAL TO OTHER LAWS"; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, in the early morning hours of June 24, 2021, a residential
condominium building known as Champlain Towers South located at 8777 Collins Avenue
in Surfside, Florida, experienced a major structural collapse; and
WHEREAS, on June 15, 2022, a residential building housing many rental tenants
in the City of Miami Beach was declared unsafe by the City's building official, requiring all
inhabitants of the building to evacuate and relocate; and
WHEREAS, on March 1, 2022, the Board of County Commissioners for Miami-
Dade County adopted Ordinance No. 0-22-24, to hold residential building owners
responsible for providing alternate housing for displaced residents, and paying costs
associated with relocation, when a building is deemed unsafe by the building official
having jurisdiction and must be vacated; and
WHEREAS, the Mayor and City Commission desire to supplement other county,
state, and federal laws to enumerate specific expenses incurred by innocent tenants that
residential building owners must pay and to clarify that these expenses are payable
regardless of fault if a residential building is condemned.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Sections 58-361 and 58-362 of Division 2, of Article IV, of Chapter 58 of the
City Code, entitled "BUILDINGS UNFIT FOR HUMAN HABITATION" are hereby
amended, and section 58-364 is created, as follows:
CHAPTER 58
HOUSING
* *
ARTICLE IV. RENTAL HOUSING
* * *
DIVISION 2. BUILDINGS UNFIT FOR HUMAN HABITATION
* * *
Sec. 58-361. - Designation of buildings as unfit for human habitation; placarding of
unfit buildings; condemnation of unfit buildings.
(a) The designation of buildings as unfit for human habitation and the procedure for
condemnation and placarding, as unfit for human habitation, of such unfit buildings
shall be carried out in compliance with the requirements of subsections (b)—(g) of
this section.
(b) Any building found to have any of the following defects shall be designated by a
city code compliance officer, or by the building official if the building is designated
unsafe pursuant to the provisions of the South Florida Building Code, as unfit for
human habitation and shall be so placarded:
(1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe or
vermin-infested that it creates a serious hazard to the health or safety of the
occupants or of the public.
(2) One which lacks illumination, ventilation or sanitation facilities adequate to
protect the health or safety of the occupants or of the public.
(3) One which, because of its general condition or location, is unsanitary, or
otherwise dangerous to the health or safety of the occupants or of the
public.
(c) Any building declared unfit for human habitation by the enforcing agency shall be
so designated by posting a placard in a conspicuous place on the structure.
(d) A building condemned and placarded as unfit for human habitation shall be
vacated within 30 days as ordered by the enforcing agency and shall not be used
for occupancy again until written approval is secured from, and the placard
removed by, the enforcing agency. The enforcing agency shall order the removal
of the placard whenever the defect upon which the condemnation and placarding
actions were based, have been eliminated.
(e) When, in the opinion of the enforcing agency, 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 or she may order, by condemnation and placarding, the
occupants to vacate, temporarily close for use or occupancy the rights-of-way
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thereto, sidewalks, streets or adjacent buildings or nearby area and institute such
other temporary safeguards, including securing the building or structure, as he
or she 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 section shall be suspended as reasonably necessary in the opinion of the
enforcing agent to redress the emergency situation, except that expeditious post-
deprivation notice and hearing before a city special magistrate (if requested)shall
be provided. Costs incurred in the performance of such emergency work shall be
paid by the appropriate governmental authority and upon the recording in the
public records of this county a certificate executed by the building official,
certifying the amount so expended, the same shall become a lien against the
property involved.
(e) No person shall deface or remove the placard from any building condemned as
unfit for human habitation and placarded as such, except as provided in subsection
(d) of this section.
(f) Any person whose property has been placarded as unfit for human habitation may
request and shall be granted a hearing on the matter before the special magistrate
of the city in accordance with the procedures set forth in Section 58-233.
(g) Where a code compliance officer determines that a building is an unsafe building
within the provisions of the South Florida Building Code, he or she shall
immediately report the matter to the city building official, who shall evaluate the
building and surrounding area for possible condemnation and placarding •as
referenced herein.
Sec. 58-362. Owner's duty to relocate residents.
(a) Within 14 days 24 hours from the time an occupied residential building is declared
unfit for human habitation and placarded, or within 8 hours if the building is
declared unfit for human habitation as an emergency pursuant to Sec. 58-361(e),
the owner shall make all necessary arrangements and pay for all reasonable
expenses incurred by the residential tenant(s)to relocate the residents in the
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expenses involved in such relocation, including, without limitation:
(1) all necessary arrangements to relocate the displaced residents into housing
in the City of Miami Beach and, if practicable, within 2 miles of the condemned
building, that is safe, sanitary, and secure until such time that the building,
unit, or units are made safe for re-occupation, or for at least a three-month
period, whichever is shorter;
(2) actual and reasonable moving costs incurred by the tenant(s);
3
(3) actual and reasonable cost of meals incurred by the tenant(s) from the time of
the condemnation and placarding until the building is deemed safe for human
habitation or for at least a three-month period, whichever is shorter;
(4) parking expenses;
(5) transportation expenses;
(6) storage expenses; and
(7) owner shall, if the building remains uninhabitable for more than 3 months or the
, tenant elects to permanently relocate, return the tenant's full security deposit
as soon as practicable, in compliance with all existing ordinances and/or
statutes governing security deposits.
(b) If the owner shall fail to timely take the necessary steps to provide and pay for the
relocation of displaced residents, and city personnel will be empowered to assist
in the relocation.; If any expenses are incurred by the city, the owner shall pay all
expenses incurred by the city, with payment to occur within seven days from
receiving an itemization of expenses incurred in the relocation.
(c) If the owner shall fail to pay city-incurred expenses, a lien against the realty and
personalty of the owner shall be filed in the public records of the county and shall
be of a dignity equal to liens filed for ad valorem taxation. This lien shall carry an
interest rate at the maximum rate provided by F.S. § 687.02. Upon foreclosure of
the lien, the city shall be entitled to attorney fees and costs.
Sec. 58-364. Provisions of Division Supplemental and Additional to Other Laws.
The provisions of this Division are supplemental and additional to any mandate,
requirement, or payment provided under county, state,or federal law.They do not replace
them.
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 Miami Beach City Code. 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.
4
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 10 days after passage.
PASSED and ADOPTED this aG day of othb.Pc , 2022.
ATTEST:
24( OCT 2 7 2022 Dan Gelber, Mayor
Rafael E. Granado, City Clerk h� Gc :'
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(Sponsored by Commissioner David Richardson)
Underlined denotes new additions.
Strike+ denotes deletions
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
City Attomey Date
5
Ordinances-R5 B
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission.
FROM: Rafael A. Paz, CityAttomey
DATE: October 26,2022
10:15 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 58 OF THE MIAMI
BEACH CITY CODE, ENTITLED "HOUSING," BY AMENDING ARTICLE IV,
ENTITLED "RENTAL HOUSING," BY AMENDING DIVISION 2, ENTITLED
"BUILDINGS UNFIT FOR HUMAN HABITATION," BY AMENDING
SECTIONS 58-361 THEREOF ENTITLED "DESIGNATION OF BUILDINGS
AS UNFIT FOR HUMAN HABITATION; PLACARDING OF UNFIT
BUILDINGS; CONDEMNATION OF UNFIT BUILDINGS" AND 58-362
THEREOF, ENTITLED "OWNER'S DUTY TO RELOCATE RESIDENTS," TO
PROVIDE ADDITIONAL REMEDIES FOR RESIDENTIAL TENANTS IN
CONDEMNED BUILDINGS; CREATING SECTION 58-364 ENTITLED
"PROVISIONS OF DIVISION SUPPLEMENTAL AND ADDITIONAL TO
OTHER LAWS"; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the CityAttomey
Sponsor
Commissioner David Richardson
Page 605 of 1166
ATTACHMENTS:
Description
D Commission Memorandum
❑ Ordinance
Page 606 of 1166
MAM BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
FIRST READING
DATE: September 14, 2022
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 58 OF THE MIAMI BEACH
CITY CODE, ENTITLED "HOUSING," BY AMENDING ARTICLE IV, ENTITLED
"RENTAL HOUSING," BY AMENDING DIVISION 2, ENTITLED "BUILDINGS
UNFIT FOR HUMAN HABITATION," BY AMENDING SECTIONS 58-361
THEREOF ENTITLED"DESIGNATION OF BUILDINGS AS UNFIT FOR HUMAN
HABITATION; PLACARDING OF UNFIT BUILDINGS; CONDEMNATION OF
UNFIT BUILDINGS"AND 58-362 THEREOF, ENTITLED "OWNER'S DUTY TO
RELOCATE RESIDENTS," TO PROVIDE ADDITIONAL REMEDIES FOR
RESIDENTIAL TENANTS IN CONDEMNED BUILDINGS; CREATING SECTION
58-364 ENTITLED "PROVISIONS OF DIVISION SUPPLEMENTAL AND
ADDITIONAL TO OTHER LAWS"; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
The proposed Ordinance, sponsored by Commissioner David Richardson, is submitted to the
Mayor and City Commission for first reading on September 14,2022.
Following the June 24, 2021 major structural collapse of the Champlain Towers South residential
building in Surfside, Florida, the State of Florida and counties and municipalities throughout the
State have enacted legislation to strengthen building code requirements and applicable laws
involving unsafe structures.
Section 58-362 of the City Code,which has not been amended since its initial enactment in 1964,
requires owners of buildings that are declared unfit for human habitation to relocate residents,
and provides that if the owners fail to do so, the City may take whatever steps may be necessary
to relocate the residents at the owner's expense,with City's right to lien the property if Owner fails
to reimburse the City for the expenses incurred in connection with the relocation.
On March 1, 2022, the Board of County Commissioners for Miami-Dade County adopted
Ordinance No. 0-22-24, which builds on the basic premise of the City's existing ordinance, and
also holds residential building owners responsible for providing alternate housing for displaced
residents, and paying costs associated with relocation, when a building is deemed unsafe by the
building official having jurisdiction and must be vacated.
On June 15, 2022, a residential building housing many rental tenants in the City of Miami Beach
was declared unsafe by the City's building official, requiring all inhabitants of the building to
evacuate and relocate.
Page 607 of 1166
Commission Memorandum— Ordinance re: Tenant Relocation Costs
September 14, 2022
Page 2
The proposed Ordinance is intended to address certain challenges tenants have experienced with
holding owners of unsafe structures to account for their relocation expenses, under either the City
Code or the new County legislation.
Specifically, the proposed Ordinance supplements other county, state, and federal laws to (1)
enumerate specific expenses incurred by innocent tenants that residential building owners must
pay and (2) clarify that these expenses are payable regardless of fault if a residential building is
condemned.
The proposed Ordinance's enumerated expenses that landlords of tenants in condemned
buildings must pay includes, but is not limited to:
(1) all necessary arrangements to relocate the displaced residents into housing in the
City of Miami Beach and, if practicable, within 2 miles of the condemned building,
that is safe, sanitary, and secure until such time that the building, unit, or units are
made safe for re-occupation, or for at least a three-month period, whichever is
shorter;
(2) actual and reasonable moving costs incurred by the tenant(s);
(3) actual and reasonable cost of meals incurred by the tenant(s) from the time of the
condemnation and placarding until the building is deemed safe for human habitation
or for at least a three-month period, whichever is shorter;
(4) parking expenses;
(5) transportation expenses;
(6) storage expenses; and
(7) owner shall, if the building remains uninhabitable for more than 3 months or the tenant
elects to permanently relocate, return the tenant's full security deposit as soon as
practicable, in compliance with all existing ordinances and/or statutes governing
security deposits.
The legislation leaves intact the City's current option to pay these expenses to tenants if the owner
refuses to do so, and to ultimately collect all expenses of the City through the placement of a lien
on the property.
RAP/RFR/mm
Page 608 of 1166