HomeMy WebLinkAboutR-21-0298City of Miami
tn�l6_OF
Fa. V Legislation
*tliti fill! IiRl 11 +*�
Resolution: R-21-0298
File Number: 9362
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/8/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO REPORT TO THE CITY COMMISSION BY THE NEXT CITY
COMMISSION MEETING THE STATUS ON CODE ENFORCEMENT
LEGISLATION ADOPTED BY THE CITY COMMISSION AS IT PERTAINS TO
RESOLUTION NO. R-16-0372 ADOPTED ON JULY 29, 2016 DIRECTING THE
CITY OF MIAMI'S ("CITY") ADMINISTRATION TO AUTOMATICALLY SEND
ALL PROPERTIES THAT HAVE RECEIVED THREE (3) OR MORE OF THE
SAME VIOLATIONS WITHIN THE SAME YEAR TO THE CODE
ENFORCEMENT BOARD OR SPECIAL MASTER; ORDINANCE NO. 13809
ADOPTED ON NOVEMBER 15, 2018 REGARDING VIOLATIONS OF VALET
PARKING AND PARKING SURCHARGE REQUIREMENTS PURSUANT TO
SECTION 35-312 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"); RESOLUTION NO. R-19-0112 ADOPTED ON
MARCH 14, 2019 ESTABLISHING TIMEFRAMES FOR COMMERCIAL AND
NON-RESIDENTIAL PROPERTIES TO BE SET FOR HEARING FOLLOWING A
NOTICE OF VIOLATION; RESOLUTION NO. R-19-0421 ADOPTED ON
OCTOBER 24, 2019 DIRECTING THE CITY MANAGER TO IMPLEMENT A
PROGRAM TO MONITOR REPEAT VIOLATORS, EXPEDITE HEARINGS FOR
REPEAT VIOLATORS, AND PROVIDE FOR CONTINUED MONITORING AND
ENHANCED PENALTIES FOR REPEAT VIOLATORS; RESOLUTION NO. R-21-
0189 ADOPTED ON MAY 13, 2021 DIRECTING THE CITY MANAGER TO SET
UP A REVIEW SYSTEM TO BETTER ENFORCE EXISTING CITY CODE
SECTIONS PERTAINING TO NOT ISSUING BUILDING PERMITS WHEN
THERE ARE OUTSTANDING VIOLATIONS, LIENS, INVOICES, OR OTHER
MONIES OWED THE CITY; AND RESOLUTION NO. R-21-0190 ADOPTED ON
MAY 13, 2021 RECOMMENDING THE CITY MANAGER DETERMINE
SUFFICIENT BUILDING AND CODE COMPLIANCE STAFF FOR NIGHTS AND
WEEKEND SHIFTS; FURTHER SUBJECTING THE CITY MANAGER TO
DISCIPLINE SHOULD THERE BE A FAILURE TO CARRY OUT THE
ORDINANCE AND DIRECTIVES AS DESCRIBED HEREIN.
SPONSOR(S): Commissioner Joe Carollo
WHEREAS, on July 29, 2016, the City Commission adopted Resolution No. R-16-0372
directing the City of Miami's ("City") Administration to automatically send all properties that have
received three (3) or more of the same violations within the same year to the Code Enforcement
Board or Special Master; and
WHEREAS, on November 15, 2018, the City Commission adopted Ordinance No. 13809
amending Section 35-312 of the Code of the City of Miami, Florida, as amended ("City Code"),
establishing additional penalties for valet parking operators and parking facility operators not
complying with the requirements of the City Code; and
City of Miami Page 1 of 3 File ID: 9362 (Revision:) Printed On: 711312021
File ID: 9362 Enactment Number: R-21-0298
WHEREAS, on March 14, 2019, the City Commission adopted Resolution No. R-19-
0112 directing the City Manager to establish a policy regarding commercial and non-residential
properties (collectively, "Properties") to allow not more than thirty (30) days for the Properties to
come into compliance of a cited code violation and thereafter set for a code enforcement
hearing on the next available date, requiring properties with three (3) prior violations in the past
five (5) years to be brought directly to the Code Enforcement Board ("Board"), and disallowing
any extension of time thereafter unless approved by the Board; and
WHEREAS, on October 24, 2019, the City Commission adopted Resolution No. R-19-
0421 directing the City Manager to implement a program to monitor repeat violators, expedite
hearings for repeat violators, and provide for continued monitoring and for enhanced penalties
for repeat violators; and
WHEREAS, on May 13, 2021, the City Commission adopted Resolution No. R-21-0189
directing the City Manager to set up a review system between all relevant City departments to
better enforce existing City Code sections to not allow for issuance of Building permits for any
non -Homestead property that has open violations, liens, invoices, or other monies owed to the
City and to report back in ninety (90) days; and
WHEREAS, on May 13, 2021, the City Commission adopted Resolution No. R 21-0190
recommending the City Manager to determine the sufficient number of staff that are needed
from the Building and Code Compliance Departments to efficiently handle the night and
weekend real-time complaints and to add a Sunday overnight shift; and
WHEREAS, all of the legislation described herein was passed to bring about quicker
enforcement and to assist in making the City a safer place to live; and
WHEREAS, it has been several years since the first Resolution was adopted and the
City Commission desires an update to determine the effects enforcement have had on violations
in the City; and
WHEREAS, the City Manager was approved by the City Commission, hired in early
2020, and has had over one (1) year to implement the requested enforcement actions and
policies;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby directs the City Manager to report to the City
Commission at the next City Commission meeting on the status of enforcement pursuant to
Resolution No. R-16-0372, Ordinance No. 18309, Resolution No. R-19-0112, Resolution No. R-
19-0421, Resolution No. R-21-0189, and Resolution No. R-21-0190.
Section 3. Failure to comply with any of the directives stated herein shall subject the City
Manager to discipline by the City Commission.
Section 4. This Resolution shall become effective immediately upon its adoption.
City of Miami Page 2 of 3 File ID: 9362 (Revision:) Printed on: 711312021
File ID: 9362
Enactment Number: R-21-0298
APPROVED AS TO FORM AND CORRECTNESS:
1
Vft6ria-Vrdel, City Attor iey 7/1212021
City of Miami Page 3 of 3 File ID: 9362 (Revision:) Printed on: 711312021