HomeMy WebLinkAboutOrdinance 2024-4683 ORDINANCE NO. 2024-4683
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE MIAMI
BEACH CITY CODE, ENTITLED "BUILDING REGULATIONS," BY
AMENDING ARTICLE VII, ENTITLED "PERMITS APPLIED FOR ON OR
AFTER MARCH 1, 2002," BY AMENDING DIVISION 2, ENTITLED
"DEMOLITION," BY AMENDING SECTION 14-421 THEREOF,
ENTITLED "NOTICE TO DEMOLITION TO AFFECTED PERSONS," BY
EXPANDING THE NOTICE REQUIREMENTS AS WELL AS THE
RADIUS OF THE NOTICE TO AFFECTED PERSONS SET FORTH IN
SUBSECTION(B);AND PROVIDING FOR REPEALER,SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE,
WHEREAS, enforcement of the provisions of the Florida Building Code and the Code of
the City of Miami Beach is a priority of the Mayor and City Commission; and
WHEREAS, there has been a significant increase in the number of demolitions in recent
years; and
WHEREAS, the demolition of buildings, facilities and structure of three or more stories
can negatively impact the quality of life of the city's residents and visitors in the affected area; and
WHEREAS,the Mayor and City Commission desire to expand the notice requirements for
demolition of any building, facility or structure, consisting of three or more stories in order to
provide residents and businesses in the affected area adequate preparation time for any possible
negative impact due to the proposed demolition.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM BEACH, FLORIDA:
SECTION 1. That Chapter 14, "Building Regulations," Article VII, "Permits Applied for on or after
March 1,2002,"Division 2,°Demolibon,"Section 14.421,"Notice to demolition to affected person,"
of the Code of the City of Miami Beach is hereby amended as follows:
Sec. 14-421. Notice to of demolition to affected persons.
(a) Prior to demolition of any building, facility or other structure, consisting of three or more
stories, the contractor or property owner of the site seeking demolition shall be required
to provide written notice, by regular United States mail, to all affected persons, calendar
days prior to the start of work to demolish such building, facility or other teR4w ortv-
fLy_e, for which a city demolition permit is required.
(b) For purposes of this section, an "affected person" shall be defined as any property
owner, and the current occupant of any property within a 375-750-foot radius of the
address stated on the city demolition permit. Moreover, the affected person shall be the
taxpayer as reflected in the certified real property ad valorem tax roll of Miami-Dade
County no less than six months from the date of notice; provided however, where the
records of the Miami-Dade County Property Appraiser indicate that ownership has
changed, the owner shall be the taxpayer as reflected in those records.
(c) The mail notice shall include the anticipated starting date and completion date of the
demolition work; the address at which the demolition work will be performed; and the
contact information of the contractor or other person performing the demolition work.
The contractor or property owner shall be required to pay all costs associated with such
notice.
In addition to the mail notice to affected persons required by this section the contractor
or property owner shall notify an authorized representative of the property management
company as well as each member of the Board of Directors of any condominium
association for each building facility or other structure within the 750-foot radius by
email text messaging or other written communication to the ensure transparency and
accountability.
(d) At least tea-L� forty-fiyM days prior to the commencement of work for demolition,
contractor or the property owner shall also post notice on every street frontage of the
demolition site in a location visible from the public right-of-way. The posted notice shall
be a minimum dimension of 11 inches by 17 inches. The contractor or property owner
shall be required to pay all associated costs relating to the posted notice. The posted
notice shall read substantially as follows:
Date:
DEMOLITION NOTICE for [(a) address of site to be demolished; (b)folio number; (c) legal
description of the property).The building or structure referenced above is to be DEMOLISHED
ON (Date).
Number of stories to be demolished:
Any affected person should contact the contractor or property owner:
Name of Contractor:
Phone number of Contractor:
Email address of Contractor:
Or
Name of Property Owner
Phone Number of Property Owner:
Email Address of Property Owner:
The beginning of work to demolish a building, facility or other structure for which a permit is
required under the City of Miami Beach Code shall be on (date), and end (date).
The following roads may be closed: (list),
The following additional buildings shall be vacated for safety purposes: (list).
(a) The contractor or property owner shall be required to pay all associated costs relating to
the mail notice.
(f) Simultaneously with issuing the mail notice required in subsection (a) hereof, the
contractor or property owner shall provide an affidavit to the building official swearing or
affirming, under oath, to having mailed out the notice of demolition required herein. The
affidavit shall affirm, in substantial form, the following:
"This is to certify that the attached ownership list, map and mailing labels are a complete
and accurate representation of the real estate property and property owners within 375
75Q-foot radius of the external boundaries of the subject property to be demolished an
to all occupants of properties within the 750-foot radius. This notice reflects the most
current records in the file in the Miami-Dade County Property Appraiser's office. The
information utilized herein is no more than six(6) months old from the date of the notice
of demolition"
(N(g) Enforcement: Violations by a contractor or property owner of this section shall be
subject to the following fines. The special magistrate may not waive or reduce fines set
by this section.
(1) If the violation is the first violation: $2,500.00;
(2) If the violation is the second violation within the preceding 18 months: $7,500.00;
(3) If the violation is the third violation within the preceding 18 months: $12,500.00;
and
(4) If the violation is the fourth or greater violation within the preceding 18 months:
$20,000.00.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, 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 as
amended;that the sections of this ordinance maybe renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to"section"or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption,
PASSED and ADOPTED this 1/ day of D.'cembe✓ 2024.
ATTEST:
11
74 DEC 1 7 2024 s a`or�
RafaelRafaell Clerk
(Sponsored by Commissioner Tanya K. Shad) .'fir
Underline denotes additions
�s n=
Strikethrough denotes deletions
Double underline denotes additions after First Reading
Double strikethrough denotes deletions after First Reading
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION ++
-&I Be1202 F
City Attorney -4*,, Data
Ordinances - R5 R
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: December 11, 2024 10:40 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA,AMENDING CHAPTER 14 OF THE MIAMI BEACH CITY CODE,
ENTITLED "BUILDING REGULATIONS," BY AMENDING ARTICLE V0, ENTITLED
"PERMITS APPLIED FOR ON OR AFTER MARCH 1, 2002," BY AMENDING
DIVISION 2, ENTITLED "DEMOLITION," BY AMENDING SECTION 14-421
THEREOF, ENTITLED "NOTICE TO DEMOLITION TO AFFECTED PERSONS," BY
EXPANDING THE NOTICE REQUIREMENTS AS WELL AS THE RADIUS OF THE
NOTICE TO AFFECTED PERSONS SET FORTH IN SUBSECTION S); AND
PROVIDING FOR REPEALER, SEVERASILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
BACKGROUNDlHISTORY
In recent years, there has been a significant increase in the number of demolitions and often
residents and businesses in the area of the proposed demolition either do not receive notice or
have adequate time to prepare.
ANALYSIS
By expending the notice requirements to additional affected persons and the radius for the
notification,residents and businesses will have additional time to prepare for any possible impact
due to the proposed demolition.
FISCAL IMPACT STATEMENT
NIA
Doan this Ordinance reauire a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
tt applicable,the Business impact Estimate(BIE)was published on: 11/27/2024
See BIE at: https:llwww.miamibeachfl.gov/city-hallteity�lerkimeetinu-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Page 602 of 1452
Citywide
Is this a"Residents Right to Know" item. Is this item minted to a G.O. Bond
Pursuant to City Code Section 2.17? Protect?
Yes No
Was this Agenda Item initially requested by a lobbyist which as defined in Code See.2-481
includes a Principal enonued in loving? No
If so, specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsorts)
Commissioner Tanya K. Bhatt
Co-sponsor(s)
Condensed Title
10:40 a.m. 2"d Rdg, Ch 14, Notice Requirements for Demolition. (Bhatt) CA
Page 603 of 1452