R5K-Unsafe Structures Board -Wolfson-Condensed Title:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 14 ENTITLED "BUILDING REGULATIONS" OF THE CITYCODE BY
CREATING DIVISION 4 ENTITLED "UNSAFE STRUCTURES"; CREATING SECTIONS 14-500
THROUGH 14-502 RELATING TO NOTICE AND PROCESS FOR UNSAFE STRUCTURES AND
CREATING A MUNICIPAL UNSAFE STRUCTURE PANEL.
COMMISSION ITEM SUMMARY
lntended Outcome
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
Item Summary/Recommendation :
Section 8-5(a)(1 ) of the County Code provides that a municipality may select to establish, by ordinance, its
own administrative process to address unsafe structures within municipal boundaries, including the
process for appeal of decision of the Building Official that structures are unsafe. Following adoption of
such ordinance, the City would be solely responsible for the conduct of its own process and appeals, and
for the enforcement of the laws governing unsafe structures within its jurisdiction.
The Miami Dade Unsafe Structure Board costs around $5,000 per case, requires three (3) Building
Department staff members and a representative of the City Attorney's office to attend a daylong meeting
while the Board retains control of procedures.
The Miami Beach Unsafe Structure Panel costs $300 per case, it would last maximum three (3) hours, no
travelwill be needed, and the Panelwill preserve control.
On August 29, 2014, the Finance and Citlrwide Projects Committee recommended approval of the
proposed $50,000 budget increase to establish an Unsafe Structure Board Pane in the City of Miami
Beach.
Financial ! nformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
Glerk's Office
Mariano Fernandez, P.E.
AGENDATTeu RSKMIAMIBEACHDATE q{ T IS395
g MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT:
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Gity Commission A
Gity Attorney Raut Aguila /l| / I
nmyMorares +hffiApril 15,2015 \
Unsafe Structure Panel \
FIRST READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14
ENTITLED "BUILDING REGULATIONS" OF THE CITY CODE BY
CREATING DIVISION 4 ENTITLED "UNSAFE STRUCTURES'';
CREATING SECTIONS 14.500 THROUGH 14.502 RELATING TO
NOTICE AND PROCESS FOR UNSAFE STRUCTURES AND
CREATING A MUNICIPAL UNSAFE STRUCTURE PANEL; AND
APPEAL PROCESS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILIW; APPLICABILITY; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on First Reading.
HISTORY/BACKGROUND
On August 29, 2014, the Finance & Citywide Projects Committee reviewed and
recommended for approval a budget proposal to increase the Building Department budget
by $50,000 to establish an Unsafe Structure Panel. As part of the 2014-2015 Budget, the
City Commission approved an enhancement to the Building Department, totaling $50,000 to
establish an Unsafe Structures Panel, which "will streamline the unsafe structures process
that is currently coordinated by Miami-Dade County." The funding was provided to fund an
Office Associate lV to manage the case files for the Panel and work as the primary point of
contact for members of the public involved with scheduled hearings before the Unsafe
Structure Panel.
ANALYSIS
The Unsafe Structure Panel is modeled after Miami-Dade County and the City of Miami's
396
Memorandum to the City Commission
First Reading - Public Hearing: Unsafe Structure Panel
April 15,2015 Page2
Panels. The County actually has two processes - the Unsafe Structure Board which is used
for municipal cases and the Unsafe Structure Panel, which is utilized for unincorporated
Miami-Dade County. The County Code, at Chapter 8, specifically authorizes municipalities
to create their own unsafe structure procedures. Specifically, section 8-5(a)(1) of the County
Code provides that a municipality may select to establish, by ordinance, its own
administrative process to address unsafe structures within municipal boundaries, including
the process for appeal of decision of the Building Official that structures are unsafe.
Following adoption of such an ordinance the City would be solely responsible for the
conduct of its own process and appeals, and for the enforcement of the laws governing
unsafe structures within its jurisdiction. The County Code does require that if the structure
has been designated historic and is under the County's historic preservation jurisdiction,
demolition procedures shall still abide by the process as set out in the Miami-Dade County's
historic preservation ordinance as found in Chapter 15A of the Miami-Dade County Code.
The City's ordinance would also require that its own rules and regulations relating to the
City's Historic Structures and Historic Districts, shall control, where applicable, the
demolition of historically designated structures or structures within historic districts and shall
be utilized during the City's Unsafe Structure Panel process.
The ordinance defines an unsafe structure consistent with the provisions of the Florida
Building Code, and consistent with the Miami-Dade County Code. The code addresses the
physical criteria for finding a building unsafe; requires notice by certified mail, first class mail
and posting; provides an appeal process to a three person hearing officer process. All three
hearing officers shall be required to participate in each hearing. The hearing officers shall
be selected from the Miami-Dade County Clerk of Court's list of hearing officers, and shall
be randomly selected by the Clerk to be the City's three hearing officers on a specific date.
This random selection ensures that the officers are impartial. Annually the County appoints
a series of hearing officers to hear code compliance, animal cruelty, unsafe structure, and
other appeals. The officers are extensively trained in the procedures and are each paid an
hourly rate of $50.00/per hour; for a total fee of $400.00, per day; $1,200/per day for all
three hearing officers. The City would piggy-back off of the County contract with these
hearing officers.
FINANCIAL IMPACT
Currently, to utilize the County's unsafe structure Board process, the City is charged over
$3,000, at the beginning of the process, regardless of whether there is a quick resolution
due to compliance, or a final adversarial hearing. Additionally, both the Building Official and
a representative of the City Attorney's office would have to spend most of the day in the
County, as the City would have it wait to have its items called (as the County's Unsafe
Structure Board covers all municipalities utilizing its services); and due to travel time, etc.
The City would also be responsible for the court reporter and administrative costs of the
County, which appear to be greater than the costs the City would incur if the City utilized its
own program. Ultimately, all the hard costs are recoverable against the property owner, and
the property may be liened. Nevertheless, the City's immediate out-of-pocket expenditure
would be greatly reduced by utilizing the new process.
The startup costs for the USP breakdown is as follows:
397
Memorandum to the City Commission
First Reading - Public Hearing: Unsafe Structure Panel
April 1 5,2015 Page 3
Hearing officers - based on the language in
the e-mail below, the panel is to consist of
three (3) hearing officers from the list of
panel members available from the County
Court
Over estimate of each panel cost is max
daily rate for each officer ($400.00 per day
as per Miami-Dade County Administrative
Order No. 2-5, hourly rate of $50.00; =
$1200 per hearinq (12 hearinqs per vear).
Hearing stenographer No cost - not required, all hearings are only
required to have audio recording which is
available in the City Commission Chambers.
Additional staff req uirements No additional staff required - existing
Violations staff currently facilitating the
Miami-Dade County Unsafe Structures
Board cases will be utilized.
Cost of advertisements (required published
notices)
Est. Daily Business Review ad to run for two
weeks based on the language in the e-mail
below
(four date run) $184.90 per case
Certified Mail costs - to property owner and
all others affected
$5.75 each
Recordino fees for Board Order $18.50 per case
Filing and Satisfaction of Lien (if costs not
recovered)
$37.00 per case
Again, all costs incurred pursuant to any of the provisions of this section shall be paid by the
owner, interested party, or occupant of the premises on which the violation
occurred. Recovery of cost would include lien rights, foreclosure, and sale of the underlying
property.
CONCLUSION
The Administration recommends approval of the ordinance on first reading and scheduling a
Second, Public Hearing.
F:\ATTO\BOUE\Ordinances\Unsafe Structure Board Ordinance- MEMO April 2015 agenda.docx
:1
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398
UNSAFE STRUCTURES BOARD
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
14 ENTITLED "BUILDING REGULATIONS" OF THE CIry CODEBY CREATING DIVISION 4 ENTITLED "UNSAFE
STRUCTURES"; CREATING SECTTONS 14-SOO THROUGH 14-
502 RELATING TO NOTICE AND PROCESS FOR UNSAFE
STRUCTURES AND CREATING A MUNICIPAL UNSAFE
STRUCTURE PANEL; AND APPEAL PROCESS; PROVIDINGFOR CODIFICATION; REPEALER; SEVERABILITy;
APPLICABILITY; AND AN EFFECTTVE DATE.
WHEREAS, chapter 14, entitled "Building Regurations" provides the
authority of the City to regulate Buildings, Structures and Unsafe Structures; and
WHEREAS, currently the City utilizes the Miami-Dade County Unsafe
Structure Board created pursuant to Chapter 8 of the [rlliami-Dade County Code,
which code provides municipalities the option of using the County's process; and
WHEREAS, utilization of the County's Unsafe Structure Board process
creates many delays and loss of staff time by requiring staff to leave the City to
attend County hearings, where many other items and other municipalities may
also have pending agenda items; and
WHEREAS, section 8-5(a)(1) of the county code provides that a
municipality may select to establish, by ordinance, its own administrative process
to address unsafe structures within municipal boundaries, including the process
for appeal of decision of the Building Official that structures are unsafe;
WHEREAS, following adoption of such an ordinance the municipality shall
be solely responsible for the conduct of its own process and appeals, and for the
enforcement of the laws governing unsafe structures within its jurisdiction; and,
WHEREAS, the City, upon adoption of such an ordinance, shall also be
authorized to establish its own standards for declaring a structure to be unsafe,
and for the repair or demolition of an unsafe structure, all consistent with the
provisions of the Florida Building Code; and
WHEREAS, if the structure has been designated historic and is under the
County's historic preservation jurisdiction, demolition procedures shall still abide
by the process as set out in the Miami-Dade County's historic preservation
ordinance as found in chapter 15A of the Miami-Dade county code; and
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WHEREAS, the City of Miami Beach has its own rules and regulations
relating to the City's Historic Structures and Historic Districts, which shall also
control, where applicable, the demolition of such structures and shall be utilized
during the City's Unsafe Structure Panel process; and
WHEREAS, the city of Miami Beach desires to amend chapter 14, to
create Division 4, Sections 14-500 through 14-502 to create procedures, notice,
an Unsafe Structure Panel, the powers and duties of the Panel, and an appeal
processes from a ruling of the Panel.
WHEREAS, the amendments set forth below are necessary to accomplish
all of the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 14, entitled "Building Regulations" shall be amended to
create Division 4, Section 145-500 through 14- 502, relating to the creation of the
City's Unsafe Structure Panel are hereby amended as follows:
***
CHAPTER 14
BUILDING REGULATIONS
Secs. 14-445-14-499598. - n"""*"4.
*
Division 4. Unsafe Structure Panel
Sec. 15-500. Unsafe structures panel.
(a) General Provisions.
(1)
ls of of the Official
properties and their structures and accessory structures to be unsafe
to the health. safetv. and
all in division.
structure has been desiqnated historic and is under the City's historic
Dreservation iurisdiction. demolition procedures shall, whenever possible,
reservati
ordinance as found in Chapter 118, Article lX. Sections 11g-so1 throuqh
117-700. of this Code, unless there is an immediate threat of danqer, as
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determined bv the Buildinq official. Thereafter, a property within an
historic district or with an historic desionation shall have to complv with the
requirements of 1 18 after the demolition for an unsafe structure process is
completed.
(2) Buildinqs or structures that are. or hereafter shall become, unsafe,
unsanitary or deficient, and dilapidated facilities. with inadequate means of
eQress. or which constitute a fire or windstorm hazard, or are othenruise
danqerous to human life or public welfare by reason of illeqal or improper
use. occupancy or maintenance. or which have been substantially
damaqed by the elements. acts of God, fire, explosion or othen^/ise, shall
be deemed unsafe structures and a permit shall be obtained to demolish
the structure, or where specifically allowed bv this division, to brinq the
buildinq into compliance with the applicable codes as provided herein.
(3) lncomplete buildinos commenced without a permit or for which the
Dermit has expired, or completed buildinqs commenced without a permit
or for which the permit has expired. prior to completion and no certificate
of occupancy has been issued. shall be presumed and deemed unsafe
and a permit shall be obtained to demolish the structure or brino the
buildinq into compliance with the applicable codes as provided herein.
(4) Buildinqs which meet the physical criteria of unsafe structures. set
forth in this section, and are ordered to be repaired by the Buildino Official
or the unsafe structures panel, in the manner more particularly set forth
below, which are not completed or repaired and brouqht into full
comDliance with the Florida Buildinq Code within the reasonable time
allowed by the Buildinq Official or the unsafe structures panel. will be
demolished.
(5\ swimminq pools that contain staqnant water are deemed
unsanitarv and danqerous to human life and the public welfare. lf the
staqnant water is not removed and all repairs made and brouqht into full
comDliance with the Florida Buildinq Code within a reasonable time, as
allowed by the Buildinq official. then these swimminq pools will be
demolished and filled in.
(6) Buildinqs or structures subiect to the recertification requirements in
subsection 8-11(fl of the Miami-Dade CounV Code which the owner fails
to timely respond to the notice of required inspection or fails to make all
reouired repairs or modifications found to be necessary resultinq from the
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recertification inspection bv the deadline specified in the Code or anv
written extension oranted bv the Buildinq Official will be demolished.
(b) Phvsical criteria.
(1) A buildinq shall be deemed a fire hazard or unsafe when anv of the
followinq criteria are met:
a. lt is vacant, unouarded and open at doors or windows.
b. There is an accumulation of debris or other material therein
representinq a hazard of combustion.
c. The buildino condition creates hazards with respect to means of
earess and fire protection as provided herein for the particular
occupancv.
d. lt meets the criteria of a vacant and abandoned property under
ChaDter 14 of this Code or under Chapter 8 of the Miami-Dade
County Code.
(2) A buildinq. or part thereof, shall be presumed to be unsafe if:
a. There is a fallinq away, hanqino loose or looseninq of any
sidins, block. brick. or other buildino material.
b. There is a deterioration of the structure or structural parts.
c. The buildinq is partiallv destroyed.
d. There is an unusual saqoinq or leanino out of plumb of the
buildino or anv parts of the buildinq and such effect is caused bv
deterioration or over-stressinq.
e. The electrical or mechanical installations or systems create a
hazardous condition contrary to the standards of the Florida
Buildinq Code.
f. An unsanitarv condition exists by reason of inadequate or
malfunctioning sanitary facilities or waste disposal svstems.
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q. By reasons of use or occupancv the area, heiqht, tvpe of
construction. fire-resistivity, means of eqress. electrical equipment.
Dlumbino. air conditioninq or other features requlated bv this Code
do not comply with this code for the use and qroup or occupancv.
h. The construction. installation of electrical, plumbinq or other
equipment therein or thereon. or the partial construction or
installation of electrical, plumbinq or other equipment has been
commenced or completed without a permit therefore havino been
obtained or where the permit has expired prior to completion and
the issuance of a certificate of occupancv or certificate of
completion.
i. The buildino or structure is vacant and abandoned, and
covered at doors or windows with materials not previouslv
approved by the Buildino official, or for a period exceedinq the
maximum limitations set forth in this division (see subdivision h.
below).
i. Bv reason of illeqal or improper use, occupancv or maintenance
does not complv with the Florida Buildino code, or the code in
effect at the time of construction.
k. The buildinq or part thereof meets the phvsical criteria of an
unsafe structure set forth above and has not been repaired and
brouqht into compliance with the Florida Buildinq Code followinq
the exDiration of the reasonable periods allowed bv the Buildinq
Official. or an unsafe structures panel for such repairs.
(3) Grow houses. A buildinq or structure that has been identified by anv
law enforcement officer as beino used to qrow or manufacture controlled
substances as defined bv Florida statutes chapter 893 or any druqs, as
defined in Florida Statutes Chapter 499 (a "qrow house") shall be
presumed to be unsafe if any one of the followinq criteria has been
satisfied:
a. There is an open and obvious modification or addition to anv of
the structure's electrical wirinq or electrical components, or there
exists any exposed wires or exoosed electrical components;
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b. There is an open and obvious modification or addition to anv of
the structure's plumbinq, and/or anv discharoe of water or other
effluent that is not into an ordinarily available drain:
c. The structure's interior walls have been destroved, moved. or
modified in anv wav. This mav be evidenced by marks on the
ceilinq and/or floor that are indicative of a wall havinq been moved
or removed, holes or passages in a wall that are not ordinary, and
maY be unfinished in appearance. This list shall not be considered
exhaustive such that any other evidence of walls beinq destroved,
moved or modified shall be proper:
d. Anv exterior window has been modified or covered in such a
waY. so as to inhibit or reduce eqress or which inhibits or prevents
normal use for ventilation purposes: this shall not include curtains
and other ordinary window coverinqs: or
e. Anv of the structure's exterior or interior doors have been
modified or covered in such a wav to prevent or inhibit inqress or
eqress.
(c) Notice.
UDon observation of anv one of the above criteria in subsection (b\. any City
enforcement personnel shall be authorized to post and shall post a notice in a
conspicuous location on the buildinq or structure that has been determined to be
unsafe.
(1) The posted notice shall read substantially as follows:
UNSAFE BUILDING. This buildinq or structure is, in the opinion of the City
of Miami Beach, unsafe. THts BUILDTNG SHALL BE VACATED-SHALL
NOT BE OCCUPIED. The owner should contact the Citv of Miami Beach
Buildinq Department immediatetv. THrs NoICE sHALL Nor BE
REMOVED EXCEPT BY THE BUILDING OFFICIAL. DATE (insert date
posted).
(2) Entry to anv structure posted with such a notice shall be prohibited
exceDt bv an order issued bv a court of competent iurisdiction, until such
time as all necessary inspections listed in subsection (4) have been
completed.
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(3) Within 24 hours of the notice beinq posted bv the Buildino Official,
the Miami Beach Police Department shall notifu the buildino department of
anY tresDass violations. Upon receivinq such notification from the Miami
Beach Police Department the buildinq department shall immediately send
a notice of violation in accordance with the provisions of this division. This
notice shall also state that Buildinq Official will conduct an inspection of
the structure and issue a notice of violation within five business davs.
(4) All structures that meet any of the criteria from subsection (cx1t
above and have been posted with the requisite notice. must be approved
bY the buildinq department based upon all of the followinq inspections
before the structure can be deemed safe for use:
a. An electrical inspection:
b. A plumbinq inspection: and
c. An inspection by a structural engineer.
U0on completion of the inspections described herein. an inspection report
shall be filed with the buildinq department for approval. The buildinq
official shall proscribe the forms to be used for the inspections described
herein and shall be authorized to charqe a fee for the review of the
inspection reports. Each inspection report shall certify that there is
currentlv no unsafe or hazardous conditions currentlv existino in the
structure, all Florida Buildinq Code violations corrected and the structure is
safe for occupancv. No buildinq deemed unsafe pursuant to this section
shall be occupied until the results from the required inspections have been
reviewed. and all permits have been obtained to brino the structure back
into compliance with the Florida Buildinq Code. Nothino herein shall
relieve the owner from the requirement to obtain permits for anv repairs
required to meet the requirements of this section.
(5) Within ten (10) workinq days of postinq the notice of violation and
notice of hearinq, the Buildinq Official shall send written notice of violation
and notice of hearino to the owner and any interested party. For these
Our0oses, the owner shall be the taxpayer as reflected in the most recentlv
certified real property ad valorem tax roll of Miami-Dade Countv: provided
however. where the records of the Dade Countv Propertv Appraiser
indicate that ownership has chanqed, the owner shall be the taxpayer as
reflected in those records. An interested party shall be the owner and anv
other Derson or entitv who has previouslv requested real propertv ad
valorem tax notices with respect to the subject propertv in accordance with
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Section 197.344 of the Florida Statutes, as the same may be renumbered
or amended from time to time. The notice of violation and notice of hearinq
shall be sent by certified or first class mail to all such parties' last known
addresses as reflected in the records of the Miami-Dade County Propertv
ADDraiser. Failure to receive such notice, or the lack of a sioned return
receipt shall not invalidate the notice.
(6) Upon expiration of the period of appeal provided in the Notice of
Violation, the Buildinq Official mav file an appropriate instrument in the
Office of the Clerk of the Circuit Court to be recorded in the public records
of this County. indicatinq that the property is in violation of the Buildinq
Code. The recordinq of the notice shall constitute constructive notice of
the violation to all concerned. subsequent purchasers. transferees,
mortaaoees, lessees, qrantees and all persons claimino or acquirinq
interest in the propertv. ln the event that the violation is corrected, the
Buildinq Official shall file proof of the same upon pavment for fees
incurred.
(7) The Buildinq Official shall publish a notice in a newspaper of oeneral
circulation once a week for two (2) consecutive weeks. The published
notice shall contain the address of the subiect property and the names of
the owner and any interested party, and state that the subiect propertv has
been found to be in violation of the Buildinq Code and subject to
demolition. The published notice shall also state the time and place of the
hearinq scheduled before the citv's Unsafe structures Board.
(8) The notices orovided in this Section are intended to serve as full and
effective notice of the hearinq and the violations related to the structure.
Failure of one form of notice shall not invalidate or impair the full
effectiveness of notice provided by other means pursuant to this Section.
(d) Valuation criteria.
(1) lf the cost of completion. alteration, repair and/or replacement of an
unsafe buildinq or structure or part thereof exceeds 50 percent of its value,
such buildinq shall be demolished and removed from the premises. If the
cost of completion, alteration. repair and/or replacement of an unsafe
buildino or structure or part thereof does not exceed 50 percent of its
value, such buildinq or structure mav be repaired and made safe, as
provided herein.
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(2) For purposes of application of this formula, value shall be the
estimated cost to replace the buildinq in kind, excludinq depreciation. The
estimate shall be derived from multiplvinq the value of the square footaqe
of construction used bv the buildinq department to calculate the applicable
Dermit fee. That estimate shall be broken down on a percentaqe basis into
an estimate of the followinq critical elements of construction. as
aDDlicable: structural, roofino, electrical, plumbinq and mechanical, and
other buildino components ("valuation of construction components"). The
cost of completion. alteration. repair or replacement shall be estimated bv
aDDlication of the percentaqe of deterioration found on site for each of the
critical elements of construction to the valuation of construction
comDonents for the structure. to arrive at an overall estimated cost to
reDair the affected structure. The appointing authoritv shall bv
administrative order provide a form for the application of the formula set
forth above for the various tvpes of construction.
(3) lf a buildinq or structure may be repaired and made safe pursuant
to the valuation criteria set forth above, and the buildinq or structure is
otherwise unsafe in accordance with the physical criteria set forth in this
division, the Buildinq Official mav order such buildinq or structure to be
temDorarilv secured in the manner and subject to the limitations set forth
in this division. Such buildinq must be completed and brouqht into full
compliance with the Florida Buildinq Code within such time as the Buildinq
Official or unsafe structures panel mav determine to be reasonable for
such completion. lf the buildinq or structure is not temporarily secured,
comDleted and brouqht into full compliance with the Florida Buildinq Code
within the reasonable periods allowed. such buildinq or structure shall be
demolished and removed from the premises.
(e\ lnspection of unsafe buildinqs and structures.
The Buildinq Official. on his own initiative or as a result of reports by others. shall
examine or cause to be examined every buildino or structure appearinq or
reDorted to be unsafe. and if such is found to be an unsafe buildinq or structure
as defined in this division, the Buildinq Official shall proceed in the manner set
forth in this division.
(fl Emerqencv action.
When in the opinion of the Buildinq Official. there is actual or immediate danqer
of the failure or collapse of a buildino or structure. or there is a health, windstorm
or fire hazard. he may order the occupants to demolish, vacate, temporarilv close
for use or occupancv the riqhts-of-way thereto, sidewalks. streets or adiacent
buildinos or nearbv area and institute other such temporarv safequards, includinq
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securinq the buildino or structure or anv demotition or partial demolition, as he
rnaY deem n€cessary under the circumstances, and mav emoloy the necessarv
labor and materials to perform the required work as expeditiously as possible. !n
such event, the operation of the notice and hearinq requirements of this division
shall be suspended as reasonablv necessarv in the opinion of the Buildinq
Official to redress the emerqencv situation. Costs incurred in the performance of
such emerqencv work shall be paid bv the appropriate owner of the oropertv and
uDon the recordinq in the public records of Miami-Dade Countv, a certificate
executed by the Buildinq Official, certifyinq the amount so expended. the same
shall become a special assessment lien aqainst the property involved.
@\ Unsafe structures meetinq valuation criteria for immediate demolition.
(1) The provisions below shall applv to buildinqs or structures meetinq
the valuation criteria for demolition.
(2) The Buildinq Official shall prepare a notice of violation. The notice
shall state in summary form the nature of the defects which constitute a
violation of this division and shall order the structure to be demolished
within such time as is reasonable, subject to extension when requested in
writino within the reasonable discretion of the Buildinq Official. The notice
shall state that the specific details concerninq the violations can be
obtained in writinq from the Buildinq Official upon request. ln addition. the
notice will explain the riqht of appeal of the decision of the Buildinq Official
to the unsafe structures panel. in its appellate capacity, and advise that
unless the decision is appealed. the buildinq or structure shall be
demolished without further notice.
(3\ The notice of violation shall be affixed to the structure concerned.
The Buildinq Official shall also affix to the structure notice of the hearinq of
the unsafe structures panel scheduled to consider anv apoeal of the
decision of the Buildinq Official in connection with the structure. The notice
of hearinq shall be issued bv the director of the buildinq department or his
desiqnee for appeals to an unsafe structures panel advisinq persons to
aD0ear before the panel to show cause why the decision of the Buildinq
Official should not be carried out. The hearinq shall not be scheduled
earlier than 30 days followinq the date of postinq of the notice of hearinq
and notice of violation.
(4) The Buildinq Official shall post a notice bearino his or her sionature
in a conspicuous location on the buildinq or structure that has been
determined to be unsafe. The posted notice shall read substantiallv as
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follows: "UNSAFE BUILDING". This buildinq or structure is, in the opinion
of the Buildinq official. unsafe. "THIS BUILDTNG sHALL BE VACATED-
sHALL Nor BE occUPlED." Action shall be taken bv the owner as
prescribed bv written notice. "THls NoICE sHALL Nor BE REMovED
EXCEPT BY THE BUILDING oFFlclAL. DATE (insert date posted)."
(5) Within ten workinq davs of postino the notice of violation and notice
of hearinq, the Buildinq Official shall send written notice of violation and
notice of hearinq to the owner and any interested party. For these
DurDoses, the owner shall be the taxpaver as reflected in the most recenflv
certified real propertv ad valorem tax roll of Miami-Dade County: provided
however. where the records of the Dade County propertv Appraiser
indicate that ownership has chanoed, the owner shall be the taxpaver as
reflected in those records. An interested party shall be the owner and any
other oerson or entity who has previously requested real propertv ad
valorem tax notices with respect to the subject property in accordance with
Florida statutes Section 197.344, as the same mav be renumbered or
amended from time to time. The notice of violation and notice of hearinq
shall be sent bv certified or first class mail to all such parties' last known
addresses as reflected in the records of the Miami-Dade County Propertv
ADpraiser. Failure to receive such notice, or the lack of a siqned return
receipt shall not invalidate the notice.
(6) Upon expiration of the period of appeal provided in the notice of
violation. the Buildino Official mav file an appropriate instrument in the
Office of the Clerk of the Circuit Court to be recorded in the public records
of Miami-Dade Countv. indicatinq that the property is in violation of the
Florida Buildinq Code. The recordinq of the notice shall constitute
constructive notice of the violation to all concerned, subsequent
Durch?sers, transferees. mortqaqees, lessees. qrantees and all persons
claimina or acquirinq interest in the property. ln the event that the violation
is corrected, the Buildinq Official shall file proof of the same upon payment
for fees incurred.
(7) The Buildinq official shall publish a notice in a newspaper of
qeneral circulation once a week for two (2) consecutive weeks. The
Oublished notice shall contain the address of the subiect propertv and the
names of the owner and anv interested partv. and state that the subiect
DroDertv has been found to be in violation of the Florida Buildino Code,
and subiect to demolition. The published notice shall also state the time
and Olace of the hearino scheduled before the unsafe structures panel.
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(8) The notices provided in this section are intended to serve as full
and effective notice of the hearino and the viotations related to the
structure. Failure of one form of notice shall not invalidate or impair the full
effectiveness of notice provided bv other means pursuant to this section.
(h\ Unsafe structures not meeting the valuation criteria for immediate
demolition.
(1) lf a buildino or structure mav be repaired and made safe pursuant
to the valuation criteria set forth above, and the buildinq or structure is
otheMise unsafe in accordance with the physical criteria set forth in this
section. the Buildinq Official mav order such buildinq or structure to be
temDorarily secured in the manner and subject to the limitations set forth
in this section. Such buildinq must be completed and brouqht into full
comDliance with the Florida Buildinq Code within such time as the Buildino
Official or the unsafe structures panel may determine to be reasonable for
such completion. lf the buildino or structure is not temporarily secured, or
once served, not completed and brouqht into compliance with the Florida
Buildinq Codes within the reasonable periods allowed, such buildinq or
structure shall be demolished and removed from the premises.
(2) The Buildino Official shall prepare a notice of violation. This written
notice shall state in summarv form the nature of defects which constitute a
violation of this section and shall prescribe the action to be taken to
comDlv and the time within which compliance must be accomplished, in
such time not to exceed ten davs to secure an open structure to the
reasonable satisfaction of the Buildinq Official, 90 davs to obtain permits
to repair the structure, and 120 davs to brinq it into compliance with the
Florida Buildinq Code. This notice shall also state that the specific details
concerninq the violations can be obtained in writinq from the Buildino
Official on request. ln addition, this notice will explain the riqht of appeal of
the decision of the Buildinq Official to the unsafe structures panel, in its
aDDellate capacitv and also advise that unless there is compliance with the
directions of the Buildinq Official, a case will be commenced before the
unsafe structures after time for compliance has expired. or that the
Buildins Official's order will be enforced.
(3) The notice of violation shall be affixed to the structure concerned.
(4\ Within ten workino days of postinq the notice of violation, the
Buildinq Official shall send the written notice of violation to the owner and
anv interested partv, in the same manner provided in above.
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410
(5) ln the event that the buildinq or structure is not secured or brouqht
into compliance with the requirements of the Florida Buildinq Code within
the Deriods specified in the notice of violation, and no application for
extension is made in the manner set forth in this section. the Buildinq
Official mav schedule the case for hearinq before the unsafe structures
Danel to secure an order for demolition of the buildinq or structure or to
obtain anv other appropriate remedv.
(6) ln the event that the Buildinq Official requests that the director of
the buildinq department or his designee schedule a hearino. or in the
event that the owner or interested party files a timelv appeal of the
decision of the Buildinq Official, the secretarv to the board or director of
the buildinq department or his designee shall issue a notice of hearinq
which shall be affixed to the property, mailed to the owner and interested
DartY, in the same manner provided in subsection (q) above. Notice of the
hearino shall be published in the same manner provided in subsection (q)
above.
(il UDon expiration of the period of appeat provided in the notice of
violation, if the property has not been secured or permits for repair
obtained in the manner stipulated in the notice. the Buildino Official may
file an appropriate instrument in the public records in the manner provided
in subsection (g) above.
(8) The periods set forth in the notice of violation for brinoinq the
structure into compliance with the Florida Buildinq Code may be extended
bv the Buildino Official for one or more additional periods which in the
aoqreqate do not exceed an additional 180 davs. provided ail of the
conditions of this subsection are met. Application for the extension must
be made in writinq by the interested partv to the Buildino Official prior to
the expiration of the period allowed for compliance, and shall set forth to
the reasonable satisfaction of the Buildinq Official that the extension is
warranted by one or more of the followinq circumstances:
a. The interested partv has a demonstrated financial hardship that
will prevent the interested party from completino a buildinq or
structure:
b. The interested partv has filed a completed applicable land
development requlation board (Desiqn Review Board, Historic
Preservation Board. Board of Adjustment or planninq Board)
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hearinq application which affects the final completion of the buildinq
or structure and which land development reoulation board hearinq
re0uest has not received final approval or reiection from the City or
aDDlicable oovernmental aqency, includinq anv or all appeals to
court, for circumstances outside of the control for the interested
party:
c. The building or structure is a multiple dwellino structure as
defined in the Florida Buildinq Code and demolition of anv unit
comprisinq that structure compromises the structural inteoritv of the
entire multi-unit structure, where the completion of the structure is
outside of the control of the interested party:
d. The buildino or structure is the subject of pendino litioation that
renders it impossible for the buildino or structure to be completed:
e. The buildinq or structure is the subiect of a qood faith insurance
claim. the proceeds of which are intended to be utilized for repair
and completion:
f. The buildino or structure is the subject of a pendins sale to be
closed within a reasonable time from the date the extension is
reeuested, where the buyer has executed a written commitment to
the Buildinq Official to complete the structure within the applicable
extension period.
The written application for extension shall further represent to the Buildinq
Official that the buildinq or structure is and has at atl times been in full
compliance with all of the conditions set forth in this subsection.
(9) Upon receipt of the written application, the Buildinq Official shall be
authorized to extend the date of full completion and compliance with the
Florida Buildinq Code provided:
a. The completed written application demonstrates to the
reasonable satisfaction of the Buildinq Official that one or more of
the conditions set forth above exist with respect to the buildino or
structure:
b. The buildinq or structure is not open. vacant or abandoned,
havinq been secured at doors and windows in a manner acceptable
to the Buildins Official: and
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c. The interested partv has paid all reasonable costs of
enforcement.
(10) Any interested party may appeal to the unsafe structures panel a
decision to qrant or deny the extension. Such appeal must be filed within
30 davs of the date of mailinq of the Buildinq Official's written notice of his
or her decision with respect to the application for extension.
(i) Public hearins.
(1) On the dav established in the notice of public hearino the unsafe
structures panel shall review all pertinent evidence and hear all testimonv
from the Buildinq Official or his/her desisnee. the owner and other parties
in interest and their respective witnesses.
(2) The unsafe structures panel mav order repair. securinq, and/or
demolition of the structure upon application of the standards set forth in
this division. The unsafe structures panel mav modifv, rescind. or uphold
the decision of the Buildino Official as recited in the notice of violation. The
unsafe structures panel shall modifu or rescind a decision of the Buildinq
Official onlv upon a findinq that the Buildins Official was in error in the
interpretation or application of the Florida Buildinq Code. The unsafe
structures panel shall not exceed the time frames allowed for repair and
comDletion of buildinqs and structures specificallv set forth in this division,
exceDt where the work involved reasonablv requires such additional time.
(3) A copy of the order shall be fonrvarded to the owner. and all
interested parties bv reoistered or certified mail, and a copy thereof posted
on the property.
(4\ lf the owner or interested partv fails to complv with the order of the
unsafe structures panel within the time stipulated therein and such order is
to reDair, complete or secure the buildinq to make safe, then the Buildinq
Official shall cause such buildinq to be vacated. if occupied: and shall
throuqh his emplovees or throuqh a contractor enforce the order of the
unsafe structures panel or Buildinq Official. Buildinqs shall be secured with
concrete block or other materials of the same durability as determined bv
the Buildino Official. Swimmino pools shall be secured by fencino or bv
usino another approved method as determined by the Buildino Official.
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(5) lf the order of the unsafe structures panel is to demolish the
buildinq or structure and to remove or salvaoe contents. debris and
abandoned property from the premises, and the owner or those
resDonsible shall have failed to comply with such order, then the Buildinq
Official may do so. Swimminq pools shall be demolished bv removal of
anv staonant water and any above oround parts of the structure. breakino
open the bottom and fillinq with sand or clean fill level to the existino
qrade.
(i) Multi-unit structures.
(1\ This subsection shall be applicable to all multi-unit structures. As
used in this subsection, the term multi-unit structures means all
townhouses and other structures which contain units divided bv one or
more common walls, where the structural inteority of any component unit
deDends upon the structural inteoritv of one or more other units in the
same structure. ln the event that the owner or other interested party fails
to comDlY with anv order of the unsafe structures panel in connection with
anY multi-unit structure. then in addition to anv other riqht or remedv
contained in this section. the City shall be authorized. but not required, to
secure the structure in the manner set forth in this subsection. ln addition,
and not in deroqation of the use of other methods contemplated by this
section for enforcino the Florida Buildinq Code with respect to anv
structure. multi-unit structures may be secured by performinq whatever
work the Buildino Official mav determine is reasonablv necessary to
0reserve the structural inteqritv. water-tightness, or safety of adiacent
units or the surroundinq communitv which work may include. but not be
limited to roofino. windows, and electrical.
(2t The Drocedure for enforcement of this Code set forth above shall
be in addition to. and not in deroqation of, other procedures available to
the Buildinq Official pursuant to the Florida Buildinq Code. The provisions
of this subsection are not intended to exonerate any owner or other
interested Dartv from compliance with the Florida Buildinq Code or any
order of an unsafe structures panel.
(k) Recoverv of cost.
(1) All costs incurred pursuant to anv of the provisions of this section
shall be paid bv the owner. interested party, or occupant of the premises
on which the violation occurred.
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(2\ The Buildino Official shall file amonq his records an affidavit statinq
with fairness and accuracv the items of expense and the date of execution
of actions authorized by this section.
(3) Anv other emplovee. official or aqencv who incurs costs while
executina anv provision within this division shall create an affidavit statinq
with fairness and accuracy the items of expense and the date of execution
of actions authorized bv this section. That affidavit shall be qiven to the
Buildinq Official responsible for the unsafe structure at issue and filed
amonq his records for that propertv.
(4) The enforcinq aqencv mav institute a suit to recover such expenses
aqainst any liable person or mav cause such expenses to be charqed
aqainst the propertv on which the violation occurred as a lien or as a
sDecial assessment lien collectible accordinq to established procedures.
(5) Anv lien imposed pursuant to this division shall be a lien qreater in
dionitv to all liens, exceotinq IRS tax liens. Such existino lieni or liens
ifnposed hereafter shall be treated as special assessment liens aoainst
!hC-subject real property, and until fullv paid and discharqed, shall re{"nain
liens equal in rank and diqnitv with the lien of ad valorem taxes. and shall
be superior in rank and diqnity to all other liens. encumbrances, titles anddfuinJo or aoainst the real property involred: the maximum rate of
interest allowable bv law shall accrue to such delinquent accounts. Such
liens shall be enforced bv anv of the methods provided in Florida Statr.rteG
chapter 86: or, in the alternative. foreclosure proceedinqs mav be
instituted and prosecuted under the provisions applicable to practice,
?leadino and procedure for the foreclosure of mortqaqes on real estate set
forth in.tate.tatrt"s, o, mrv b" for"clor"d p"r F.s.ch. 173. or the
collection and enforcement of payment thereof mav be accomplished bv
anv other method authorized by law. The owner and/or operator shall pav
all costs of collection, includinq reasonable attorney fees, incurred in tfie
collection of fees, service charqes, penalties and liens imposed bv virtue
of this article.
(6) Liens created pursuant to this section mav be discharqed and
satisfied by payinq to the City the amount specified in the notice of lien.
toqether with interest thereon from the date of the filins of the lien
comDuted at the maximum statutorv interest rate, tooether with the
administrative costs. filinq and recordinq fees and fees paid to file a
satisfaction of the lien in the public records. When anv such lien has been
discharqed. the City shall promptly cause evidence of the satisfaction and
discharqe of such lien to be recorded in the public records.
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(7) The remedies and procedures for recoverv of costs provided in this
division shall be in addition to and not in deroqation of other provided in
the Florida Buildinq Code or otherwise provided by law.
(l) Unsafe structure panels.
Unsafe structures panels are hereby created to conduct hearinqs as provided for
under this section.
(1) ComposrTion. Unsafe structures panel(s) shall consist of three
members from the list of panel members available from the Countv Clerk
pursuant to Miami-Dade county Administrative order No. 2-5. as
amended. A buildinq department representative will serve as an ex-officio,
non-votin0 member of each panel, to act as a liaison. The ex-officio
member shall not count toward a quorum of the panel.
(2\ Desfunafion. At the request of the director of the buildinq
de0artment. the county clerk shall desiqnate three members to constitute
one or more unsafe structures panel(s) to conduct hearinqs on the dates
scheduled by the director of the buildinq department or his desiqnee. At
least one of the members on each panel shall have knowledoe of
construction qained from experience as an architect, enqineer. qeneral
contractor or lawyer. The director of the building department shall not have
anv inDut into which members are desiqnated to comprise a particular
Panel.
(3\ Orqanization of the unsafe structures panels.
a. The director of the buildinq department mav utilize one or
more unsafe structures panel(s) as needed to conduct hearinqs.
b. Quorum.All three (3\ unsafe structures panel members must
be present to conduct a hearing or take anv action.
c. A maioritv vote of unsafe structures panel members present
and votinq shall be sufficient to overrule. modify or affirm anv action
or decision of the Buildinq official or to take anv action within the
scope of the powers and duties of the panel.
d. No member of an unsafe structures panet shall sit as a
votinq member in anv hearing on a matter in which he has a
personal or financial interest.
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e. The director of the City Buildinq Department, or his
desiqnee. shall assist the unsafe structures panel, but shall have no
vote.
f. The director of the citv Buildinq Department or his desionee
mav call and schedule unsafe structures hearings.
q. Audio record shall be kept of all unsafe structures hearinqs
and all hearinqs shall be public.
h. All hearings shall be open to the public, and any person
whose interest may be affected by the matter on appeal shall be
qiven an opportunity to be heard in person. or throuqh his attorney.
i. witnesses mav be sworn and subpoenaed by the unsafe
structures panel in a like manner as they are subpoenaed bv the
court or courts in Miami-Dade Countv.
i. The hearinqs shall be informal and need not be conducted
accordinq to technical rules relatino to evidence and witnesses.Anv
relevant evidence shall be admitted if it is the tvpe of evidence on
which responsible persons are accustomed to rely in the conduct of
serious affairs reqardless of the existence of any common law or
statutory rules which mioht make improper the admission of such
evidence over obiection in civil actions.
k. Hearsay evidence mav be used for the purpose of
supplementinq or explaininq anv direct evidence but shall not be
sufficient in itself to support a findino unless it would be admissible
over objection in civil actions.
l. The rules of privileoe shall be effective to the same extent
that thev are now, or hereafter mav be. recoqnized in civil actions:
and irrelevant and unduly repetitious evidence shall be excluded.
m. The director of the citv buildinq department shail provide
adequate and competent clerical and administrative personnel and
such technical or scientific personnel as mav be reasonably
required by the unsafe structures panels for the proper
performance of their duties. subiect to budqet limitations. The
director of the citv buildinq department shall maintain a record of all
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Droceedinqs. includinq but not limited to a court reporter's transcript
of the proceedinq, and may clarifv the same as a true copy and
make a reasonable charqe therefore: provided, the court reporter
shall certifu the copy of his or her transcript.
n. The director of the City buildinq department shall provide a
reqular meeting place for the panel.
(4\ Duties. powers and compensation of the unsafe structures panels.
The unsafe structures panels and shall have the followinq duties,
functions, powers and responsibilities:
a. Hear and determine appeals from actions and decisions of
the Buildinq Official pursuant to the provisions of this section.
b. Hear and review the application of the Buildino Official for
the review of his or her action where his or her decision as
indicated in a notice of violations has not been complied with.
c. Affirm. modify or reverse the decision of the Buildinq Official
upon appeal or on application for review.
d. In the event of judicial review of an unsafe structure panel
order. the director of the City buildinq department or his desiqnee
shall transmit the records with all exhibits, instruments, oapers and
transcripts of its proceedinqs to the reviewinq authoritv if so
requested.
e. The members of the unsafe structures panels shall be
compensated as provided for under Miami-Dade countv
Administrative Order No. 2-5. as amended. Moreover. the members
shall not be emplovees of the City.
(5) Dufies of fhe CrTv affomey. The Citv attorney shall either be counsel
to the unsafe structures panel or shall represent the Citv by presentinq
cases to the unsafe structures panel, but in no case shall the Citv attorney
serve in both capacities.
(m) Requests for extensions of time.
AnY owner or authorized representative may seek an extension of the timeframes
set forth in an order of the unsafe structures panel. Such request for a hearinq to
seek such extension must be in writinq. directed to the unsafe structures panel.
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The unsafe structures panel shall not be authorized to extend any deadline for
comDliance, set forth in the order, unless the secretary of the unsafe structures
Danel receives the written request for extension prior to the deadline specified in
the initial order. For example. in the event the unsafe structures panel order
states that a permit must be obtained within a specified period. the request for
extension of the deadline to obtain the permit must be received prior to the
expiration of that specified period. lf the same order orovides a deadline for
comoletion of the structure. the request for the extension for the deadline of
comDletion must be received prior to the deadline for completion, provided that
the aoDlicant has complied with the permit deadline. ln no event may the unsafe
structures Oanel orant more than one extension of time for each initial order.
To obtain an ex'tension. the owner or applicant must demonstrate to the
reasonable satisfaction of the unsafe structures panel that the structure that is
the subiect of the order is secure at the time the extension is souoht and that the
owner or aDDlicant has made a oood faith attempt to complv with the order which
has been impeded bv chanqed circumstances or other circumstances outside of
the owner or applicant's control. As a further condition of the extension. the
owner or aDDlicant must submit in writing, toqether with the petition for an
extension. a written timetable for compliance with the substantive provisions of
the order and for completion of all necessarv repairs. The unsafe structures
Oanel shall not reconsider the order. limitinq its consideration of the petition to
decidina whether the orounds for an extension have been satisfied in the manner
set forth in this subsection.
(n) Judicial review.
Anv owner or authorized representative aoqrieved bv a decision of the unsafe
structures panel may seek iudicial review of that decision in accordance with
Rule 9.110(c) of the Florida Rules of Appellate Procedure. Accordinolv, anv
order, requirement, decision. denial of a request for extension of time. or
determination of the unsafe structures panel shall be reviewed bv the filinq of a
notice of appeal in the circuit court appellate division of the Eleventh Judicial
Circuit in and for Miami-Dade Countv. Florida, within 30 days of rendition of the
order.
(o) Definitions.
BurTdrnq or sfrucfures shall be svnonvmous.
/nferesfed parfies shall be defined as stated in Chapter 14 of this Code.
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All other definitions shall be defined as stated in Chapter 14 of this Code or
Chapter 8 of the Miami-Dade Countv Code.
Sec. 10-501. Maintenance of vacant lots after demolition of structures.
(a) lntent.
It is the intent of this section to requlate an improved or unimproved lot that has
become vacant or the qround has been left in disarray or excavated due to
demolition of a structure(s) on the lot and to implement requlations to:
(1) Ensure the lot is rehabilitated in a park-rike appearance:
(2) Reduce neiqhborhood bliqht and its nesative effects bv requlatino
the aesthetic character of vacant lots. formerry improved lots: or
(3) Ensure the lot does not have portions of land which have been
excavated and not returned to a uniform and level orade after a
demolition.
(b) Definitions.
For the Durpose of this section. the followinq words and phrases shall have the
meaninq respectively ascribed to them by this subsection:
(1) Vacanf /of; As defined in City Code section 46-91, as amended, a
lot, tract, or other parcel of land in the Citv that does not have a structure
or buildinq on the land.
(2) Sfrucfure: As defined in City Code section 114-1, as amended. a
structure or buildinq as defined bv the Florida Buildino Code, as amended.
(3) Iree: As defined in City Code Chapter 46, as amended. anv self-
supDortina woodv plant or palm which usuallv has a sinole main axis or
trunk. with a minimum trunk diameter at breast heiqht of two inches and a
minimum overall heioht of 12 feet. This definition excludes plants which
are defined as shrubs, hedqes, vines. or qround covers. Palms shall have
a minimum height of 14 feet in order to be classified as a tree.
(4) Lof: A parcel of land: a portion of land: propertv.
(b) Minimum requirements.
When a structure has been demolished and real propeil
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lot or a Oortion of a lot has been left in disarray or excavated because of a
demolition, the owner of the lot shall. at a minimum:
(1) Remove all debris resultinq from the demolition of the
structure, along with anv other qarbaoe from the lot.
(2\ Refill and qrade the lot in accordance with subsection (dt.
and laY down sod or hydroseed on anv exposed dirt on the lot.
Nothin0 in this section shall be construed to require the removal of
trees from the lot.
(3) If the owner, fails to complv with the provisions of this
section. the City. mav issue a notice of violation. Moreover. after
DroDer notice to the owner of record as listed in the Miami-Dade tax
roll, certified mail return receipt reouested. the Citv mav refill. qrade.
and sod the lot and impose a lien on the propertv for the work done.
(d) Fill requirements.
The re-fillinq, qradinq. and soddinq of the lot shall comply with the Florida
Buildins Code. as amended.
(e) Enforcement provision.
This section mav be enforced in accordance with the Florida Buildinq Code.
Nothinq in this section precludes the Buildinq Official or his/her desiqnee from
enforcinq this section bv anv and all means provided bv law, includinq but not
limited to, anv actions in Circuit Court.
(fl Special assessment provision.
(1) Under the lawful authority qranted to municipalities pursuant to
Florida Statutes Chapters 170 and 166, the City herebv authorizes the
lew and collection of special assessments to the fund the costs of any
work done bY the City to enforce compliance with the requirements of this
section.
(2) Anv work undertaken bv the Citv under this section shall be treated
as sDecial assessment liens aqainst the subiect real property, and until
fullv Daid and discharqed. shall remain liens equal in rank and dionity with
the lien of ad valorem taxes, and shall be superior in rank and diqnity to all
other liens. encumbrances. titles and claims in. to or aqainst the real
DroDertY involved. lnterest at the rate of 12 percent per annum shall
accrue to such delinquent accounts. Such liens shall be enforced by any
23 ot27
421
of the methods provided in Florida Statutes Chapter 85, as amended. or.in the alternative, foreclosure proceedinos may be instituted and
Drosecuted under the provisions applicable to practice. pleadinq and
Orocedure for the foreclosure of mortqaqes on real estate set forth in state
statutes. or mav be foreclosed pursuant to Florida Statutes Chapter 173.
as amended. or the collection and enforcement of payment thereof may
be accomplished bv any other method authorized bv law. The propertv
owner shall pay all costs of collection, includinq reasonable attorney fees,
incurred in the collection of fees, service charqes. penalties and liens
imposed bv virtue of this section. Additionallv. the Citv mav elect to utilize
the uniform method for the lew, collection and enforcement of this non-ad
valorem assessment pursuant to Florida Statutes Section 197.3632, as
mav be amended from time to time.
(o) Best efforts.
The Citv, when at all possible, will use best efforts to complv with the provisions
of this section when demolishinq propertv within the City. reqardless of
ownership.
Sec. 14-502. Maintenance of lots or propertv containing excavated
construction sites or excavated sites in considerable non-compliance with
the Florida Buildins Code.
(a) lntent.
It is the intent of this section to requlate property containinq excavated
construction sites or excavated sites that have become a nuisance or a danoer to
the communitv and are in considerable non-compliance with the Florida Buildinq
Code. pursuant to the Buildins Official. This section seeks to implement
requlations to:
(1\ Reduce neiqhborhood bliqht and its neqative effects by reoulatins
the aesthetic character of lots or property containinq excavated
construction sites or excavated sites: or
(2) Ensure the lots or property containino excavated construction sites
or excavated sites do not have portions of land which have been
excavated are returned to a uniform and level qrade.
(b) Definitions.
For the purpose of this section, the followinq words and phrases shall have the
meaninq respectively ascribed to them by this subsection:
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(1) Consfrucfion sife; A lot or site on which a structure is beino built or
constructed.
(2) Excavafion: excavafed slfe; A site that has been unearthed: a site
made hollow bv removing the inner part: a site which has a hole or cavity
in or formed into a hollow. as by diqqinq.
(3) Excavafed consfrucfion sife; A construction site which has an
excavation or hole.
(4) F/onda Buldrno Code; The unified buildino code for the State of
Florida. adopted by the Florida Buildino Commission pursuant to Fla. Stat.
Section 553.73 et. seq., as the same mav be amended from time to time.
(5) Lof; A parcel of land: a portion of land: property.
(c) Minimum requirements.
When an excavated construction site or an excavated site has been left derelict
and in disarrav for more than three months, to the point that the propertv is
deterioratinq and poses a danoer to the community, the Buildinq Official shall
make a determination as to whether the propertv is in substantial non-compliance
with the Florida Buildinq Code and Chapter 8 of the Miami-Dade Countv Code
and at such time, order the property owner. via a notice of violation, that such
violations must be corrected within the time set on the notice.
(1) lf the property owner refuses to correct the violations on the
DroDertv. as stated in subsection (d) below or commence construction on
the DroDerty, the Buildins Official shall be authorized to return the property
to a uniform and level qrade.
(2) The Buildinq Official shall order the property to be refilled and
araded in accordance with subsection (d) below. Moreover, the Buildinq
Official shall order sod or hydroseed on any exposed dirt on the propertv.
(3) Nothino in this section shall be construed to require the removal of
trees from the lot. Nothinq in this section shall prevent the propertv owner
from performinq this re-filling on his/her own.
(d) Fill requirements. The re-fillinq, oradinq, and soddinq of the lot shall
complv with the Florida Buildinq Code, as amended.
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(e) Enforcement provision. This section mav be enforced in accordance
with ChaDter 30, entitled "code enforcement." Nothino in this section precludes
the CitY from enforcino this section bv anv and all means provided by law.
includinq but not limited to. anv actions in the circuit court.
(fl Special assessment provision.
(1) Under the lavuful authoritv qranted to municipalities pursuant to
Florida Statutes Chapters 170 and 166. the City herebv authorizes the
levY and collection of special assessments to the fund the costs of any
work done bv the City to enforce comoliance with the requirements of this
section.
(2) AnY work undertaken bv the City under this section shall be treated
as sDecial assessment liens aqainst the subject real property. and until
fullv paid and discharqed, shall remain liens equal in rank and diqnitv with
the lien of ad valorem taxes, and shall be superior in rank and diqnitv to all
other liens, encumbrances, titles and claims in, to or aoainst the real
DroDertv involved. lnterest at the rate of 12 percent per annum shall
accrue to such delinquent accounts. Such liens shall be enforced bv anv
of the methods provided in Florida Statutes Chapter 85. as amended, or,in the alternative, foreclosure proceedinqs mav be instituted and
Drosecuted under the provisions applicable to practice, pleadinq and
Drocedure for the foreclosure of mortqages on real estate set forth in state
statutes, or may be foreclosed pursuant to Florida Statutes Chapter 173,
as amended, or the collection and enforcement of pavment thereof mav
be accomplished bv anv other method authorized bv law. The propertv
owner shall Day all costs of collection, includino reasonable attornev fees.
incurred in the collection of fees, service charqes, penalties and liens
imDosed bY virtue of this section. Additionally, the Citv mav elect to utilize
the uniform method for the lew, collection and enforcement of this non-ad
valorem assessment pursuant to Florida Statutes $ 197.3632. as mav be
amended from time to time.
Sec 14-503 throuqh 14-698 Reserved.
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.
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sEcTtoN 3. coDtFtcATtoN
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 may be re-
numbered or re-lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
lf 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 shalltake effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
[Sponsored by Commissioner Wolfson]
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