R5B-Unsafe Structures Board -Wolfson-g MIAMIBEACH
City of Miomi Beoch, ,I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
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 14-5OO 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; SEVERABILITY; APPLICABILITY; AND AN
EFFECTIVE DATE.
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 Board 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.
ANALYS!S
The Unsafe Structure Panel is modeled after Miami-Dade County and the City of Miami's
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
City Attorney Raul Aguila
Gity Manager, Jimmy Morales
May 6, 20'15 SECOND READI
Unsafe Structure Board
BLIC HEARING
Agendattem RSBDate 5:L- I i397
Memorandum to the City Commission
Second Reading - Public Hearing: Unsafe Structure Panel
May 6, 2015 Page2
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 costs, and administrative costs of
the County, which appear to be greater than the costs would be 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:
Hearing officers - based on the language
in the e-mail below, the panel is to
consist of three
Over estimate of each panel cost is max
daily rate for each officer ($400.00 per
ino officers from dav as per Miami-Dade
398
Memorandum to the City Commission
Second Reading - Public Hearing: Unsafe Structure Panel
May 6, 2015 Page 3
the list of panel members available from
the County Court
Administrative Order No. 2-5, hourly rate
of $50.00) = $1200 Per hearing (12
hearinqs Der vear).
Hearing stenographer No cost - not required, all hearings only
required to have audio recording which is
available in the City Commission
Chambers.
Additional staff requirements No additiona! 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.
On April 15,2015 first reading was held. No edits were proposed.
CONCLUSION
The Building Official recommends approval of the ordinance on second reading. The
Administration supports the recommendation of the Building Official.
F:\ATTO\BOUE\Ordinances\Unsafe Structure Board Ordinance- MEMO [May 2015 agenda 2nd Reading].docx
399
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 CITY CODEBY CREATING DIVISION 4 ENTITLED "UNSAFE
STRUCTURES"; CREATTNG SECTTONS 14-SOO THROUGH i4-
502 RELATING TO NOTICE AND PROCESS FOR UNSAFE
STRUCTURES AND CREATING A MUNICIPAL UNSAFE
STRUCTURE PANEL; AND APPEAL PROCESS; PROVIDINGFOR CODIFICATION; REPEALER; SEVERABIL|Ty;
APPLICABILITY; AND AN EFFECTIVE 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 tr{iami-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-s(a)(1) of the county code provides that a
municipality may se{ect 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 CITY
COMMISSION OF THE CIry 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. 14445-14-499698. - Reserved.
***
Division 4. Unsafe Structure Panel
Sec. 15-500. Unsafe structures panel.
(a) General Provisions.
(1) The Citv's unsafe structures panel(s) shalt hear unsafe structures
cases. and aDpeals of decisions. of the Citv Buildinq Official declarinq
DroDerties and their structures and accessory structures to be unsafe
where there is a danqer to the health, safetv. and welfare of the citizens in
the communitv, all in the manner prescribed in this division. If such
structure has been desiqnated historic and is under the Citv's historic
Dreservation jurisdiction, demolition procedures shall. whenever possible.
abide bv the process as set out in the Citv's historic preservation
117-700, of this code, unless there is an immediate threat of danoer. as
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determined bv the Buildinq official. Thereafter, a propertv within an
historic district or with an historic desiqnation shall have to comply with the
requirements of 118 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
eOress, or which constitute a fire or windstorm hazard. or are otherwise
dangerous to human life or public welfare bv reason of illeqal or improper
use, occuDancy or maintenance, or which have been substantiallv
damaqed by the elements, acts of God, fire, explosion or othenvise, shall
be deemed unsafe structures and a permit shall be obtained to demolish
the structure, or where specificallv allowed bv this division. to brino the
buildinq into compliance with the applicable codes as provided herein.
(3) lncomplete buildinqs 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 brinq 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 bv the Buildinq Official
or the unsafe structures panel, in the manner more particutarlv set forth
below. which are not completed or repaired and brouqht into full
compliance 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
staanant water is not removed and all repairs made and brouoht into full
compliance with the Florida Buildino Code within a reasonable time. as
allowed by the Buildinq official, then these swimminq pools will be
demolished and filled in.
(6) Buildinos or structures subject to the recertification requirements in
subsection 8-11(fl of the Miami-Dade County Code which the owner faits
to timely respond to the notice of required inspection or fails to make all
reQuired repairs or modifications found to be necessarv resultinq from the
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recertification inspection bv the deadline specified in the Code or any
written extension qranted bv the Buildinq Official will be demolished.
(b) Phvsical criteria.
(1) A buildinq shall be deemed a fire hazard or unsafe when any of the
followinq criteria are met:
a. lt is vacant. unquarded 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
eoress and fire protection as provided herein for the particular
occupancy.
d. lt meets the criteria of a vacant and abandoned propertv under
Chapter 14 of this Code or under Chapter 8 of the Miami-Dade
Countv Code.
(2) A buildino, or oart thereof. shall be presumed to be unsafe if:
a. There is a fallinq away, hanqinq loose or loosening of anv
sidinq, block. brick. or other buildins material.
b. There is a deterioration of the structure or structural parts.
c. The buildinq is partiallv destroyed.
d. There is an unusual saqqino or leanino out of plumb of the
buildinq 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 contrarv to the standards of the Florida
Buildinq Code.
f. An unsanitary condition exists by reason of inadequate or
malfunctioninq sanitary facilities or waste disposal systems.
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q. By reasons of use or occupancy the area, heiqht, type of
construction. fire-resistivitv. means of eoress, electrical equipment.
Dlumbinq, air conditioninq or other features requlated bv this Code
do not comply with this code for the use and qroup or occupancy.
h. The construction, installation of electrical. plumbino 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 having 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 buildinq or structure is vacant and abandoned. and
covered at doors or windows with materials not previouslv
aoproved by the BuiHinq Official. or for a period exceedinq the
maximum limitations set forth in this division (see subdivision h.
below).
i. Bv reason of illeoal or improper use, occupancv or maintenance
does not complv with the Florida Buildinq code, or the code in
effect at the time of construction.
k. The buildinq or part thereof meets the physical criteria of an
unsafe structure set forth above and has not been repaired and
brouqht into compliance with the Florida Buildinq Code followino
the expiration of the reasonable periods allowed by the Buildinq
Official, or an unsafe structures panel for such repairs.
(3) Grow houses. A buildinq or structure that has been identified by any
law enforcement officer as beino used to qrow or manufacture controlled
substances as defined by Florida Statutes Chapter 8g3 or anv druqs, as
defined in Florida Statutes Chapter 4gg (a "orow 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 wirino or electrical components, or there
exists any exposed wires or exposed 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 any discharqe of water or other
effluent that is not into an ordinarilv available drain;
c. The structure's interior walls have been destroved. moved. or
modified in any way. 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 passaoes in a wall that are not ordinary, and
mav be unfinished in appearance. This list shall not be considered
exhaustive such that anv other evidence of walls beinq destroyed,
moved or modified shall be proper:
d. Any exterior window has been modified or covered in such a
wav. 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 coverinos: or
e. Anv of the structure's exterior or interior doors have been
modified or covered in such a way to prevent or inhibit inoress or
egress.
(c) Notice.
UDon observation of any one of the above criteria in subsection (b\. any City
enforcement oersonnel shall be authorized to post and shall post a notice in a
consDicuous location on the buildinq or structure that has been determined to be
unsafe.
(1) The posted notice shall read substantiallv as foltows:
UNSAFE BUILDING. This buildinq or structure is. in the opinion of the Citv
of Miami Beach, unsafe. THts BUTLDTNG SHALL BE VACATED-SHALL
NOT BE OCCUPIED. The owner should contact the Citv of Miami Beach
Buildinq Department immediatelv. 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 necessarv inspections listed in subsection (4) have been
completed.
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(3) Within 24 hours of the notice beinq posted by the Buildinq Official,
the Miami Beach Police Department shall notify the buildinq department of
anv trespass violations. Upon receivinq such notification from the Miami
Beach Police Department the buildinq department shall immediatelv 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 days.
(4) All structures that meet any of the criteria from subsection (cX1)
above and have been posted with the requisite notice. must be approved
bv 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 enqineer.
Upon 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
currently no unsafe or hazardous conditions currentlv existinq 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 brinq the structure back
into compliance with the Florida Buildinq Code. Nothino herein shall
relieve the owner from the requirement to obtain permits for any 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 partv. For these
DurDoses, the owner shall be the taxpaver 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 County property Appraiser
indicate that ownership has chanqed. the owner shall be the taxpaver as
reflected in those records. An interested parV shall be the owner and anv
other person or entitv who has previouslv requested real propertv ad
valorem tax notices with respect to the subiect property 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 bv certified or first class mail to all such parties' last known
addresses as reflected in the records of the Miami-Dade County Property
ADDraiser. Failure to receive such notice, or the lack of a sioned return
receipt shall not invalidate the notice.
(6) UDon 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 this Countv, indicatinq that the prooertv is in violation of the Buildinq
Code. The recording of the notice shall constitute constructive notice of
the violation to all concerned. subsequent purchasers. transferees.
mortQaoees, lessees, qrantees and all persons claiminq or acquirinq
interest in the property. In the event that the violation is corrected, the
Buildinq Official shall file proof of the same upon pavment for fees
incurred.
(7I The Buildinq Official shall publish a notice in a newspaper of qeneral
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 anv interested partv, and state that the subiect property has
been found to be in violation of the Buildinq Code and subiect to
demolition. The published notice shall also state the time and place of the
hearinq scheduled before the city's Unsafe structures Board.
(8) The notices provided in this Section are intended to serve as full and
effective notice of the hearino 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. lf the
cost of completion, alteration, repair and/or replacement of an unsafe
buildina 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 Durposes 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 multiplyino the value of the square footaqe
of construction used by the buildinq department to calculate the applicable
Dermit fee. That estimate shall be broken down on a percentaoe basis into
an estimate of the followinq critical elements of construction, as
aDDlicable: structural. roofinq. electrical, plumbinq and mechanical, and
other buildinq 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
comOonents for the structure. to arrive at an overall estimated cost to
repair the affected structure. The appointinq authoritv shall bv
administrative order provide a form for the application of the formula set
forth above for the various types of construction.
(3) lf a buildinq or structure mav 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 phvsical criteria set forth in this
division. the Buildinq Official mav order such buildino or structure to be
tem0orarily secured in the manner and subiect to the limitations set forth
in this division. Such buildinq must be comoleted and brouqht into full
compliance with the Florida Buildino Code within such time as the Buildinq
Official or unsafe structures panel may 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 buildings and structures.
The Buildinq Official, on his own initiative or as a result of reports bv others, shall
examine or cause to be examined every buildino or structure appearino or
reDorted to be unsafe, and if such is found to be an unsafe buildino 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 Buildino Official. there is actual or immediate danqer
of the failure or collapse of a buildinq 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
buildinqs or nearby area and institute other such temporary safequards. includino
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securinq the buildinq or structure or any demolition or partial demolition. as he
m?v d€ern necessary under the circumstances. and may employ the necessary
labor and materials to perform the required work as expeditiously as possible. ln
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 emeraencv work shall be paid bv the appropriate owner of the propertv 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 meetino
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 shalt 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 appeal 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
aoDear before the panel to show cause why the decision of the Buildinq
Official should not be carried out. The hearino shalt not be scheduled
earlier than 30 davs followinq the date of postino of the notice of hearinq
and notice of violation.
(4) The Buildinq Official shall post a notice bearinq 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 BUILDING sHALL BE VACATED-
sHALL Nor BE occUPlED." Action shail be taken by 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 workino davs of postinq the notice of violation and notice
of hearino. the Buildinq Official shall send written notice of violation and
notice of hearing to the owner and any interested partv. For these
OurDoses. the owner shall be the taxpaver as reflected in the most recenflv
certified real propertv ad valorem tax roll of Miami-Dade Countv: provided
however, where the records of the Dade county propertv Appraiser
indicate that ownership has chanqed. the owner shall be the taxpaver as
reflected in those records. An interested oarty shall be the owner and anv
other oerson or entity who has previously requested real property ad
valorem tax notices with respect to the subject property in accordance with
Florida statutes Section 197.344, as the same may be renumbered or
amended from time to time. The notice of violation and notice of hearino
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 Countv properhr
ADDraiser. Failure to receive such notice, or the lack of a siqned return
receipt shall not invalidate the notice.
(6) UDon expiration of the period of appeal provided in the notice of
violation, the Buildinq Official may file an aporopriate instrument in the
Office of the Clerk of the Circuit Court to be recorded in the public records
of Miami-Dade Countu, indicatinq that the propertv 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, tr?nsferees. mortqagees. lessees. qrantees and all persons
claiminO or acquirinq interest in the propertv. tn the event that the violation
is corrected, the Buildinq Official shall file proof of the same upon oavment
for fees incurred.
r) The Buildinq official shail pubrish a notice in a newspaper of
qeneral circulation once a week for two (2) consecutive weeks. The
Dublished notice shall contain the address of the subiect property and the
names of the owner and any interested partv. and state that the subject
DropertY has been found to be in violation of the Florida Buildinq Code.
and subject to demolition. The published notice shall also state the time
and Dlace of the hearinq 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 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 bv other means pursuant to this section.
(h\ Unsafe structures not meetinq the valuation criteria for immediate
demolition.
(1) 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 phvsical criteria set forth in this
section. the Buildinq Official may order such buildinq or structure to be
temporarily secured in the manner and subiect to the limitations set forth
in this section. Such buildinq must be completed and brouoht into full
comDliance with the Florida Buildinq Code within such time as the Buildinq
Official or the unsafe structures panel mav determine to be reasonable for
such completion. lf the buildinq 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 buildino or
structure shall be demolished and removed from the premises.
(2) The Buildinq 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 days 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 wilt explain the riqht of appeal of
the decision of the Buildinq Official to the unsafe structures panel, in its
aDDellate capacity 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 workinq davs of postinq the notice of violation. the
Buildinq Official shall send the written notice of violation to the owner and
anv interested party, in the same manner provided in above.
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(5) ln the event that the buildino or structure is not secured or brouqht
into com0liance with the requirements of the Florida Buildinq Code within
the Deriods specified in the notice of violation, and no application for
e><tension is made in the manner set forth in this section, the Buildino
Official mav schedule the case for hearinq before the unsafe structures
Danel to secure an order for demolition of the buildino or structure or to
obtain any other appropriate remedv.
(6) ln the event that the Buildinq Official requests that the director of
the buildinq department or his designee schedule a hearinq. 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 buildino department or his desionee shall issue a notice of hearinq
which shall be affixed to the oroperty, mailed to the owner and interested
DartY, in the same manner provided in subsection (q) above. Notice of the
hearing shall be published in the same manner provided in subsection (q)
above.
(7) UDon expiration of the period of appeal 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 mav
file an appropriate instrument in the public records in the manner provided
in subsection (q) above.
(8) The periods set forth in the notice of violation for brinqinq the
structure into compliance with the Florida Buildino Code mav be extended
bv the Buildinq Official for one or more additional periods which in the
aqoreqate do not exceed an additional 180 days, provided all of the
conditions of this subsection are met. Application for the extension must
be made in writino by the interested party to the Buildino Official prior to
the exDiration 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 completinq a buildino or
structure:
b. The interested party has filed a completed appticabte land
development requlation board (Desiqn Review Board, Historic
Preservation Board. Board of Adiustment or planninq Board)
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hearino application which affects the final completion of the buildino
or structure and which land development reoulation board hearino
re0uest has not received final approval or reiection from the Citv or
aDplicable qovernmental aqency, includinq anv or all appeals to
court, for circumstances outside of the control for the interested
partv:
c. The buildino or structure is a multiple dwelling structure as
defined in the Florida Buildinq Code and demolition of any unit
comDrisinq that structure compromises the structural inteqrity of the
entire multi-unit structure. where the completion of the structure is
outside of the control of the interested party:
d. The buildinq or structure is the subject of pendino litioation that
renders it impossible for the buildinq or structure to be completed:
e. The buildino 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 pendinq sale to be
closed within a reasonable time from the date the extension is
reouested, where the buver 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 all times been in full
compliance with all of the conditions set forth in this subsection.
(9) Upon receipt of the written application. the Buildino 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 buildinq 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 Buildinq Official: and
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c. The interested oartv has paid all reasonable costs of
enforcement.
(10) Anv interested partv mav appeal to the unsafe structures panel a
decision to qrant or denv 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 hearinq.
(1) On the day 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 desiqnee, the owner and other parties
in interest and their respective witnesses.
(2) The unsafe structures panel mav order repair, securino, and/or
demolition of the structure upon application of the standards set forth in
this division. The unsafe structures panel may modify, rescind. or uphold
the decision of the Buildinq Official as recited in the notice of violation. The
unsafe structures panel shall modify or rescind a decision of the Buildino
Official only upon a findinq that the Buildinq 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 buildinss and structures specificallv set forth in this division.
exceDt where the work involved reasonably requires such additional time.
(3) A copv of the order shall be forwarded to the owner, and all
interested parties bv reqistered or certified mail. and a copy thereof posted
on the propertv.
(4) lf the owner or interested party 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
throuah his employees or through 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 bv 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
buildino or structure and to remove or salvaqe 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 mav do so. Swimminq pools shall be demolished bv removal of
anY staonant water and any above oround parts of the structure, breakino
oDen 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 mutti-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 inteqritv of any component unit
deDends upon the structural inteqrity of one or more other units in the
same structure. ln the event that the owner or other interested party fails
to comDlv with anv order of the unsafe structures panel in connection with
anv multi-unit structure. then in addition to any other right or remedv
contained in this section. the Citv 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 bv this
section for enforcinq the Florida Buildino Code with respect to anv
structure. multi-unit structures mav be secured bv performinq whatever
work the Buildinq Official may determine is reasonablv necessarv to
Dreserve the structural inteqrity, watertiqhtness, or safety of adiacent
units or the surroundinq community which work may include, but not be
limited to roofinq. windows, and electrical.
(2) The procedure for enforcement of this Code set forth above shall
be in addition to. and not in derogation of, other procedures avaitable to
the Buildinq Official pursuant to the Florida Buildino Code. The provisions
of this subsection are not intended to exonerate anv owner or other
interested party from compliance with the Florida Buitdinq Code or any
order of an unsafe structures panel.
(k) Recoverv of cost.
(1) All costs incurred pursuant to any of the provisions of this section
shall be Daid bv the owner, interested partv, or occupant of the premises
on which the violation occurred.
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(2) The Buildins 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 bv this section.
(3\ Anv other emplovee. official or aqency who incurs costs while
executinq any provision within this division shall create an affidavit statino
with fairness and accuracv the items of expense and the date of execution
of actions authorized by this section. That affidavit shall be qiven to the
Buildinq Official responsible for the unsafe structure at issue and filed
amono his records for that propertv.
(4) The enforcino aqency may institute a suit to recover such expenses
against anv liable person or may 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 oreater in
diqnitv to all liens. exceptino IRS tax liens. Such existinq liens or liens
imposed hereafter shall be treated as special assessment liens aoainst
E subiect real propertv. and until fullv paid and discharoed. shall relnain
Iens equal in rank and diqnitv with the lien of ad valorem taxes. and sfiall
be superior in rank and diqnitv to all other liens. encumbrancesJitles and
claims-!-n to or aqainst the real propertv involved: the maximum rate of
interest allowable bv law shall accrue to such delinquent accounts. Such
ligns shall be enforced by anv of the methods provided in Florida Statutes
chapter 86: or, in the alternative, forecrosure proceedinos rnay be
instituted and prosecuted under the provisions applicable 1o practice.
gleadinq and procedure for the foreclosure of mortgaoes on real eitate sertforth in state statutes.or may be foreclosed per F.S.chl73,or ille
collection and enforcement of pavment thereof may be accomplished by
anv other method authorized bv law. The owner and/or operator shiil pav
all costs of collection. includinq reasonable attornev fees, incurred in tfre
cgllection of fees. service charqes. penalties and liens imposed by virtue
of this article.
(6I Liens created pursuant to this section may be discharqed and
satisfied by payino to the City the amount specified in the notice of lien,
tooether with interest thereon from the date of the fitino of the lien
computed at the maximum statutory 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
discharoed, the Citv 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 recovery 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 hearings as provided for
under this section.
(1) Composftion. Unsafe structures panel(s) shall consist of three
members from the list of panel members available from the County Clerk
Dursuant to Miami-Dade Countv Administrative Order No. 2-5, as
amended. A buildinq department representative will serve as an ex-officio.
non-votina member of each panel, to act as a liaison. The ex-officio
member shall not count toward a quorum of the panel.
(2) Desronafion. At the request of the director of the buildino
department. the counW clerk shall desiqnate three members to constitute
one or more unsafe structures panel(s) to conduct hearinqs on the dates
scheduled bv the director of the buildinq department or his desionee. At
least one of the members on each panel shall have knowledqe of
construction qained from experience as an architect. enqineer, qeneral
contractor or lawver. The director of the buildinq 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 utirize 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 hearinq or take anv action.
c. A majoritv vote of unsafe structures panel members oresent
and votino 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 hearinq 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 paner, but shall have no
vote.
f. The director of the citv Buildinq Department or his desisnee
may call and schedule unsafe structures hearinqs.
g. Audio record shall be kept of all unsafe structures hearinqs
and all hearinqs shall be public.
h. All hearinos shall be open to the public, and any person
whose interest may be affected by the matter on appeat shall be
qiven an opportunitv to be heard in person, or throuqh his attorney.
i. witnesses may be sworn and subpoenaed bv the unsafe
structures panel in a like manner as they are subpoenaed bv the
court or courts in Miami-Dade County.
i. The hearinos 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 reoardless of the existence of any common law or
statutory rules which miqht make improper the admission of such
evidence over obiection in civil actions.
k. Hearsav evidence may be used for the purpose of
supplementinq or explainino anv direct evidence but shall not be
sufficient in itself to support a findinq unless it would be admissible
over obiection in civil actions.
l. The rules of privileoe shall be effective to the same extent
that they are now. or hereafter mav be. recoqnized in civil actions:
and irrelevant and undulv repetitious evidence shall be excluded.
m. The director of the citv buildinq department shall 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, subject to budset limitations. The
director of the city buildinq department shall maintain a record of all
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Droceedings, includinq but not limited to a court reporter's transcript
of the proceedinq, and mav 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 Citv buildinq department shall provide a
reqular meetinq 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 Buildinq 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. ln the event of iudicial review of an unsafe structure panel
order, the director of the Citv buildinq department or his desionee
shall transmit the records with all exhibits. instruments. papers and
transcripts of its proceedings 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 employees of the City.
(5) Dufies of fhe Cify affomev. The City attornev shall either be counsel
to the unsafe structures panel or shall represent the Cifu 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.
Anv 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 panet.
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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
0anel 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 provides 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 applicant has complied with the permit deadline. ln no event mav the unsafe
structures panel qrant more than one extension of time for each initial order.
To obtain an extension. the owner or applicant must demonstrate to the
reasonable satisfaction of the unsafe structures panel that the structure that is
the subject 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 comply 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 aDolicant must submit in writinq, tooether with the petition for an
extension. a written timetable for compliance with the substantive provisions of
the order and for completion of all necessary repairs. The unsafe structures
Oanel shall not reconsider the order, limitinq its consideration of the petition to
decidinq whether the qrounds for an extension have been satisfied in the manner
set forth in this subsection.
(n) Judicial review.
Anv owner or authorized representative aqqrieved by 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. Accordinqly. 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 appeltate 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 Chaoter 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.
!t is the intent of this section to requlate an improved or unimproved lot that has
become vacant or the qround has been left in disarrav or excavated due to
demolition of a structure(s\ on the lot and to implement reoulations to:
(1) Ensure the lot is rehabilitated in a park-rike apoearance:
(2) Reduce neiqhborhood bliqht and its negative effects bv requlatino
the aesthetic character of vacant lots, formerlv 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 respectivelv ascribed to them bv this subsection:
(1) Vacanf /of; As defined in Citv Code section 46-91, as amended. a
lot. tract. or other parcel of land in the City that does not have a structure
or buildinq on the land.
(2\ Sfrucfure; As defined in Citv Code section 114-1. as amended, a
structure or buildinq as defined bv the Florida Buildino Code, as amended.
(3) Iree; As defined in Citv Code Chapter 46. as amended, any self-
suDDortina woody plant or palm which usually has a sinqle main axis or
trunk, with a minimum trunk diameter at breast heioht of two inches and a
minimum overall heioht of 12 feet. This definition excludes olants which
are defined as shrubs. hedqes, vines. or oround covers. Palms shall have
a minimum heioht of 14 feet in order to be classified as a tree.
(4) Lof: A parcel of land: a portion of land: property.
(b) Minimum requirements.
When a structure has been demolished and real property has become a vacant
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lot or a Dortion of a lot has been left in disarrav 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, alonq with anv other qarbaqe from the lot.
(2) Refill and orade the lot in accordance with subsection (d).
and lav down sod or hydroseed on any exposed dirt on the lot.
Nothinq in this section shall be construed to require the removal of
trees from the lot.
(3) lf 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 requested, the City may 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 soddino of the lot shall complv with the Florida
Buildinq Code. as amended.
(e) Enforcement provision.
This section may be enforced in accordance with the Florida Buildinq Code.
Nothino in this section precludes the Buildinq Official or his/her desiqnee from
enforcina this section bv anv and all means provided by law, includinq but not
limited to, any actions in Circuit Court.
(fl Special assessment provision.
(1) Under the lawful authoritv qranted to municipalities pursuant to
Florida Statutes Chapters 170 and 166. the Citv hereby authorizes the
levv and collection of special assessments to the fund the costs of any
work done by the Citv to enforce compliance with the requirements of this
section.
(2\ Anv work undertaken bv the City under this section shall be treated
as sDecial assessment liens aqainst the subject real property. and until
fullv oaid and discharoed, shall remain liens equal in rank and diqnity 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 o127
422
of the methods provided in Florida Statutes Chapter 85, as amended. or.in the alternative, foreclosure proceedinqs mav be instituted and
Prosecuted under the provisions applicable to practice, pleadinq and
Procedure for the foreclosure of mortqaqes 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 by anv other method authorized by law. The prooertv
owner shall pav all costs of collection, includinq reasonable attorney fees.
incurred in the collection of fees. service charqes, penalties and liens
imposed by virtue of this section. Additionally, the City may elect to utilize
the uniform method for the levy. collection and enforcement of this non-ad
valorem assessment pursuant to Florida Statutes Section 197.3632, as
may be amended from time to time.
(s) Best efforts.
The City, when at all possible. will use best efforts to comply with the provisions
of this section when demolishino property within the Citv, reqardless of
ownership.
Sec. 14-502. Maintenance of lots or propertv containing excavated
construction sites or excavated sites in considerable non-comptiance with
the Florida Buildinq Code.
(a) lntent.
It is the intent of this section to requlate propertv containinq excavated
construction sites or excavated sites that have become a nuisance or a danqer to
the community and are in considerable non-compliance with the Florida Buildino
Code, pursuant to the Buildinq Official. This section seeks to implement
regulations to:
(1\ Reduce neiqhborhood bliqht and its neoative effects by requlatinq
the aesthetic character of lots or propertv containinq excavated
construction sites or excavated sites: or
(2) Ensure the lots or property containing 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 being built or
constructed.
(2) Excavafrbn: excavafed slfe; A site that has been unearthed: a site
made hollow by removinq the inner part: a site which has a hole or cavity
in or formed into a hollow. as bv diqqinq.
(3\ Excavafed consfrucfion sife; A construction site which has an
excavation or hole.
(4) F/onda BurTdrnq Code; The unified buildino code for the State of
Florida, adopted bv the Florida Buildins 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: propertv.
(c) Minimum requirements.
When an excavated construction site or an excavated site has been left derelict
and in disarray for more than three months, to the point that the property is
deterioratinq and poses a danqer to the communitv, the Buildinq Official shall
make a determination as to whether the property is in substantial non-compliance
with the Florida Buildinq Code and Chapter 8 of the Miami-Dade County Code
and at such time, order the propertv owner, via a notice of violation, that such
violations must be corrected within the time set on the notice.
(1) lf the propertv owner refuses to correct the violations on the
DroDertv, as stated in subsection (d) below or commence construction on
the Dropertv, the Buildino Official shall be authorized to return the property
to a uniform and level qrade.
(2) The Buildino Official shall order the property to be refilled and
Oraded in accordance with subsection (d) below. Moreover, the Buildinq
Official shall order sod or hvdroseed on anv exposed dirt on the property.
(3) Nothinq in this section shall be construed to require the removal of
trees from the lot. Nothino in this section shall prevent the property owner
from performinq this re-fillino on his/her own.
(d) Fill requirements. The re-fillinq. qradinq. and soddinq of the tot shall
complv with the Florida Buildinq Code, as amended.
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" Nothi
includinq but not limited to. anv actions in the circuit court.
(fl Special assessment provision.
section.
(2) AnY work undertaken by the Citv under this section shall be treated
as sDecial assessment liens aqainst the subiect real propertv. and until
propertv involved. lnterest at the rate of 12 percent per annum shall
accrue to such delinquent accounts. Such liens shall be enforced bv any
of the methods provided in Florida Statutes chapter g5. as amended. or,in the alternative, foreclosure proceedinqs may be instituted and
Drosecuted under the provisions applicable to practice, pleadinq and
Drocedure for the foreclosure of mortqaqes 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 payment thereof mav
be accomplished bv anv other method authorized by law. The propertv
incurred in the collection of fees. service charqes, penalties and liens
imDosed bv virtue of this section. Additionallv. the City may elect to utilize
Sec f 4-503 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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the lien of ad valorem taxes, and shall be superior in rank and diqnitv to all
amended from time to time.
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SECTION 3. 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 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 shall take 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]
F:\ATTO\BOUE\Ordinances\U nsafe Structu re Board ORD [Finat 3-1 9-1 S].docx
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