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File ID: #10630
Ordinance
Second Reading
Sponsored by: Alex Diaz de la Portilla, Commissioner, Jeffrey Watson,
Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TITLED "BUILDINGS/CODE RELIEF PROGRAM"; MORE PARTICULARLY BY
AMENDING SECTION 10-70 TO REMOVE ANY SUNSETTING DATE; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
City of Miami File ID: 10630 (Revision: A) Printed On: 101512021
File Number: 10630
City of Miami
Legislation
Ordinance
Enactment Number: 14022
Final Action Date: 9/23/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TITLED "BUILDINGS/CODE RELIEF PROGRAM"; MORE PARTICULARLY BY
AMENDING SECTION 10-70 TO REMOVE ANY SUNSETTING DATE; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, the current economic climate makes it difficult for residents to bring their
properties built under old building and zoning codes into compliance without proof of proper
permits; and
WHEREAS, many additions and structures were previously built without permits but
pursuant to legal codes at the time of construction; and
WHEREAS, pursuant to Ordinance No. 13933 adopted on October 22, 2020, the
City Commission adopted Chapter 10/Article V/Sections 10-70 thru Section 10-75 of the
Code of the City of Miami, Florida, as amended ("City Code"), establishing the Code Relief
Program ("Program") to allow for homestead property owners to participate in an amnesty
program to bring their properties into compliance with the Florida Building Code for
unpermitted work completed prior to March 1, 2002; and
WHEREAS, the City of Miami ("City") has the opportunity to continue to assist those
who wish to legalize their properties in a manner that allows the safe and orderly
procurement of permits to allow for such legalization; and
WHEREAS, it is in the best interest of the residents of the City for the Program to
continue;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 10/Article V of the City Code is further amended in the following
particulars:'
"CHAPTER 10
BUILDINGS
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanaed material.
City of Miami File ID: 10630 (Revision: A) Printed On: 101512021
ARTICLE V. CODE RELIEF PROGRAM
Sec. 10-70. City code relief program for structures built under prior building codes and zoning
ordinances.
Intent: This ordinance concerns the legalization of remodeling work and additions to
existing buildings or structures located on Homestead property constructed prior to March 1,
2002.
exteep dead- for a peFiod of ono (1 ) year i peR „ete by the City Gemmissin n. Minimal life -safety
requirements must be met, including but not limited to, side and rear setbacks.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 4. This Ordinance shall become effective immediately upon final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, ity ttor ey 9/13/2021
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 10630 (Revision: A) Printed On: 101512021