HomeMy WebLinkAboutO-14085opCity of Miami
Ordinance 14085
�a�l111 II li.RR �I +
Legislation
File Number: 11930
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/13/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE VI/SECTION 101 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/UNSAFE
STRUCTURES/UNSAFE STRUCTURES PANEL," TO REQUIRE CERTAIN
RESIDENTIAL BUILDING OWNERS' TO HOUSE AND PAY FOR
REASONABLE RELOCATION COSTS OF DISPLACED RESIDENTS AND,
SHOULD THE OWNER FAIL TO PROVIDE SUFFICIENT HOUSING, FURTHER
REQUIRE REIMBURSEMENT TO THE CITY OF MIAMI, FLORIDA ("CITY")
FOR ANY RELOCATION COSTS PAID BY THE CITY; PROVIDING FOR
PLACEMENT OF LIEN ON OWNER'S PROPERTY FOR ANY UNREIMBURSED
RELOCATION EXPENSES INCURRED BY THE CITY; AMEND NOTICE
PROVISIONS AND ENLARGEMENT OF TIME FOR COMPLIANCE AFTER
NOTICE OF VIOLATION AND TO CLARIFY ENFORCEMENT OPTIONS;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in the past year, within the City of Miami, Florida ("City") and Miami -Dade
County as a whole, there have been several building evacuations required due to structures
being declared unsafe by the appropriate local authority; and
WHEREAS, almost each and every time, the private owner of the residential building,
if not a condominium, does not have any funds or insurance to sufficiently house the
displaced residents; and
WHEREAS, even in the case of a condominium, owners have failed to have the
proper reserve funds or insurance to provide for their own housing in the event they are
required to evacuate the structure due to an unsafe declaration; and
WHEREAS, this has left the financial burden of relocation to the local government and
social service networks; and
WHEREAS, this financial burden shift is unacceptable as property owners, in almost
every case, have years of advance warnings both from the local government and based upon
their own cursory inspections of the property to know the conditions need to be remedied;
and
WHEREAS, Section 10-101 of the Code of the City of Miami, Florida, as amended
("City Code") currently gives the Building Official the authority to order the residents of a
structure to vacate or to temporarily close a structure when the Building Official is of the
opinion that there is actual or immediate danger of failure or collapse; and
WHEREAS, all property owners are responsible for what occurs with their property and when
City of Miami Page 1 of 14 File ID: 11930 (Revision: A) Printed On: 912712022
File ID: 11930
Enactment Number: 14085
it is declared unsafe the Code also grants the Building Official the authority to institute such other
temporary safeguards, including securing the building or structure, as the Building Official
may deem necessary under the circumstances, and requires the owner to bear the costs of
implementing such safeguards; and
WHEREAS, when an order to vacate a residential building is issued, in addition to
the costs to secure the building and implement safeguards, there is a significant cost and
inconvenience to the residents that live in the building, including the costs of relocating; and
WHEREAS, unlike the requirement in the City Code which requires an owner to
bear the costs associated with securing and safeguarding the building, there is no
requirement that an apartment building owner or condominium bear the sometimes significant
costs to residents that an order to vacate creates; and
WHEREAS, regardless of a resident's income, whether a renter in an apartment
building or an owner or renter in a condominium, the unexpected expenses caused by an
order to vacate on little or no notice can negatively impact their way of life; and
WHEREAS, the apartment building or condominium owner(s) are the persons or
entities responsible for the maintenance and safety of the structure and should bear the costs
associated with receiving an order to vacate due to unsafe conditions created under their
stewardship; and
WHEREAS, the City has many options available to bring violative properties into
compliance including the filing of suit in the Eleventh Judicial Circuit while also pursuing
administrative compliance and amending the City Code to include language that will provide
clarity to all parties involved in the process; and
WHEREAS, since the inception of Section 10-101 of the City Code, the City Af Miami
has grown into a burgeoning metropolis that is constantly evolving and growing;
WHEREAS, this growth has also exponentially increased construction throughout the
City which also has led to a high volume of plans and permit processing for all City
Departments, leaving timeframes set forth over twenty (20) years ago, through Miami -Dade
County Code of Ordinances that was adopted by the City in 2011, ineffective; and
WHEREAS, it is the desire of this Commission to require apartment building and
condominium owners to be responsible for the housing and relocation of residents upon
issuance of an order by the City's Building Official to close or vacate a building for safety
concerns and to provide more clarity as to the different types of unsafe violations and the
timeline to comply prior to an Unsafe Structure Panel;
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 and incorporated as if fully set forth in this Section.
City of Miami Page 2 of 14 File ID: 11930 (Revision: A) Printed on: 9/27/2022
File ID: 11930 Enactment Number: 14085
Section 2. Chapter 10 of the City Code is amended in the follow particulars:I
"CHAPTER 10
BUIDLINGS
ARTICLE VI
UNSAFE STRUCTURES
Sec. 10-101. — Unsafe Structures and Unsafe Structures Panel.
(a) General.
(1) Unsafe structures panel(s) shall hear unsafe structures cases, and appeals of decisions, of
the city building official, or Designee, declaring properties and their structures and accessory
structures to be unsafe where there is a danger to the health, safety, and welfare of the
citizens in the community, all in the manner prescribed in this article. If such structure has
been designated historic and is under the city's historic preservation jurisdiction, demolition
procedures shall, whenever possible, abide by the process as set out in the city's historic
preservation ordinance as found in chapter 23 of this Code, unless there is an immediate
threat of danger, as determined by the building official, or Designee.
(2) Buildings or structures that are, or hereafter shall become, unsafe, unsanitary or deficient,
and dilapidated facilities, with inadequate means of egress, or which constitute a fire or
windstorm hazard, or are otherwise dangerous to human life or public welfare by reason of
illegal or improper use, occupancy or maintenance, or which have been substantially
damaged by the elements, acts of God, fire, explosion or otherwise, shall be deemed unsafe
structures and a permit shall be obtained to demolish the structure, or where specifically
allowed by this article, to bring the building into compliance with the applicable codes as
provided herein.
(3) Incomplete buildings commenced without a permit or for which the permit has expired, or
completed buildings 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 bring the building into
compliance with the applicable codes as provided herein.
(4) Buildings which meet the physical criteria of unsafe structures, set forth in this section, and
are ordered to be repaired by the building official, or Designee, or the unsafe structures panel,
in the manner more particularly set forth below, which are not completed or repaired and
brought into full compliance with the building code within the reasonable time allowed by the
building official, or Designee, or the unsafe structures panel, will be demolished.
(5) Swimming pools that contain stagnant water are deemed unsanitary and dangerous to
human life and the public welfare. If the stagnant water is not removed and all repairs made
and brought into full compliance with the building code within a reasonable time, as allowed
by the building official, then these swimming pools will be demolished and filled in.
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 unchanged material.
City of Miami Page 3 of 14 File ID: 11930 (Revision: A) Printed on: 9/27/2022
File ID: 11930
Enactment Number: 14085
(6) Buildings or structures subject to the recertification requirements in subsection 8-11(f) of
the Miami -Dade County Code which the owner fails to timely respond to the notice of required
inspection or fails to make all required repairs or modifications found to be necessary resulting
from the recertification inspection by the deadline specified in the Code or any written
extension granted by the building official, or Designee, will be demolished.
(b) Physical criteria.
(1) A building shall be deemed a fire hazard or unsafe when any of the following
criteria are met:
a. It is vacant, unguarded and open at doors or windows.
b. There is an accumulation of debris or other material therein representing a
hazard of combustion.
c. The building condition creates hazards with respect to means of egress and
fire protection as provided herein for the particular occupancy.
d. It meets the criteria of a vacant and abandoned property under chapter 10 of
this Code or under chapter 8 of the Miami -Dade County Code.
(2) A building, or part thereof, shall be presumed to be unsafe if:
a. There is a falling away, hanging loose or loosening of any siding, block,
brick, or other building material.
b. There is a deterioration of the structure or structural parts.
c. The building is partially destroyed.
d. There is an unusual sagging or leaning out of plumb of the building or any
parts of the building and such effect is caused by deterioration or over-
stressing.
e. The electrical or mechanical installations or systems create a hazardous
condition contrary to the standards of the building code.
f. An unsanitary condition exists by reason of inadequate or malfunctioning
sanitary facilities or waste disposal systems.
g. By reasons of use or occupancy the area, height, type of construction, fire -
resistivity, means of egress, electrical equipment, plumbing, air conditioning or
other features regulated by this Code do not comply with this Code for the use
and group or occupancy.
h. The construction, installation of electrical, plumbing or other equipment
therein or thereon, or the partial construction or installation of electrical,
plumbing 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 occupancy or certificate of
completion.
i. The construction, installation of electrical, plumbing or other equipment
therein or thereon, or the partial construction or installation of electrical,
plumbing or other equipment has not been completed.
j. The building or structure is vacant and abandoned, and covered at doors or
windows with materials not previously approved by the building official, or
Designee, or for a period exceeding the maximum limitations set forth in this
article.
k. By reason of illegal or improper use, occupancy or maintenance does not
comply with the building code, or the code in effect at the time of construction.
I. The building or part thereof meets the physical criteria of an unsafe structure
set forth above and has not been repaired and brought into compliance with the
building code following the expiration of the reasonable periods allowed by the
building official, or Designee, or an unsafe structures panel for such repairs.
(c) Upon observation of any one of the above criteria in subsection (b), any city
enforcement personnel shall be authorized to post and shall post a notice in a
City of Miami Page 4 of 14 File ID: 11930 (Revision: A) Printed on: 9/27/2022
File ID: 11930
Enactment Number: 14085
conspicuous location on the building or structure that has been determined to be
unsafe.
(1) The posted shall read substantially as follows:
(i) Unsafe Structure(s) Meeting Criteria for Immediate or Emergency
Demolition: "UNSAFE BUILDING. This building or structure is, in the opinion of
the City of Miami, unsafe. THIS BUILDING SHALL BE VACATED -SHALL NOT
BE OCCUPIED. The owner should contact the City of Miami Building
Department immediately. THIS NOTICE SHALL NOT BE REMOVED EXCEPT
BY THE BUILDING OFFICIAL OR DESIGNEE. DATE (insert date posted)."
This notice shall also apply to any structure(s) where it is determined by the
Building Official or Designee that it is not safe for occupancy until required
repairs are completed. This Notice may be appealed to the Unsafe Structure
Panel within twenty (20) days of posting."
(ii) Unsafe Structure(s) Not Meeting Criteria for Immediate Demolition:
"UNSAFE BUILDING. This building or structure is, in the opinion of the City of
Miami unsafe due to conditions or unpermitted work but is not determined to
meet criteria for immediate or emergency demolition. The owner should
contact the City of Miami Building Department immediately. THIS NOTICE
SHALL NOT BE REMOVED EXCEPT BY THE BUILDING OFFICIAL OR
DESIGNEE. If the structure(s) are not brought into compliance, the structure(s)
may be ordered vacated and demolished. DATE (insert date posted). This
Notice may be appealed to the Unsafe Structure Panel within twenty (20) days
of posting."
(2) Entry to any structure posted with such a notice under Subsection (c)(1)(i) shall
be prohibited except by an order issued by a court of competent jurisdiction,
until such time as all necessary inspections listed in subsection (4) have been
completed.
(3) Within 24 hours of the notice being posted by the building official, or Designee,
the Miami Police Department shall notify the building department of any
trespass violations pursuant to subsection (c)(1)(i). Upon receiving such
notification from the Miami Police Department the building department shall
immediately send a notice of violation in accordance with the provisions of this
article. This notice shall also state that building official, or Designee, 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 (c)(1) above and
have been posted with the requisite notice, must be approved by the building
department based upon all of the following inspections before the structure can
be deemed safe for use:
a. An electrical inspection;
b. A plumbing inspection;
C. An inspection by a certified mold inspector; and
d. An inspection by a structural engineer.
Upon completion of the inspections described herein, an inspection report shall
be filed with the building department for approval. The building director shall
proscribe the forms to be used for the inspections described herein and shall be
authorized to charge a fee for the review of the inspection reports. Each
inspection report shall certify that there is currently no unsafe or hazardous
conditions currently existing in the structure, all building code violations
corrected and the structure is safe for occupancy. No building deemed unsafe
and meeting criteria for immediate or emergency demolition pursuant to this
section shall be occupied „r+;l the Fesults fFem the FequiFed iRspeGti YY1s Ylal
City of Miami Page 5 of 14 File ID: 11930 (Revision: A) Printed on: 9/27/2022
File ID: 11930
Enactment Number: 14085
beep reviewed, an FeFinits have heed nhtain� t6 hr�gthe c+ri lGt' iro hank
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Nothing herein shall relieve the owner
from the requirement to obtain permits for any repairs required to meet the
requirements of this section.
(d) Valuation criteria.
(1) If the cost of completion, alteration, repair and/or replacement of an unsafe
building or structure or part thereof exceeds 50 percent of its value, such
building shall be demolished and removed from the premises. If the cost of
completion, alteration, repair and/or replacement of an unsafe building or
structure or part thereof does not exceed 50 percent of its value, such building
or structure may be repaired and made safe, as provided herein.
(2) For purposes of application of this formula, value shall be the estimated cost to
replace the building in kind, excluding depreciation. The estimate shall be
derived from multiplying the value of the square footage of construction used by
the building department to calculate the applicable permit fee. That estimate
shall be broken down on a percentage basis into an estimate of the following
critical elements of construction, as applicable: structural, roofing, electrical,
plumbing and mechanical, and other building components ("valuation of
construction components"). The cost of completion, alteration, repair or
replacement shall be estimated by application of the percentage of deterioration
found on site for each of the critical elements of construction to the valuation of
construction components for the structure, to arrive at an overall estimated cost
to repair the affected structure. The appointing authority shall by administrative
order provide a form for the application of the formula set forth above for the
various types of construction.
(3) If a building or structure may be repaired and made safe pursuant to the
valuation criteria set forth above, and the building or structure is otherwise
unsafe in accordance with the physical criteria set forth in this article, the
building official or Designee may order such building or structure to be
temporarily secured in the manner and subject to the limitations set forth in this
article. Such building must be completed and brought into full compliance with
the building code within such time as the building official, or Designee, or
unsafe structures panel may determine to be reasonable for such completion. If
the building or structure is not temporarily secured, completed and brought into
full compliance with the building code within the reasonable periods allowed,
such building or structure shall be demolished and removed from the premises.
(4) When any electrical or structural repairs or modifications are required, the
responsible engineer or architect who has performed the inspection must
provide the Building Official or Designee with a letter indicating whether or not
the building or structure may continue to be occupied while the building or
structure is underaoina repairs. Such letter shall be valid for no more than 180
days, and a new letter must be issued if repairs or modifications remain
ongoing.
(e) Inspection of unsafe buildings and structures. The building official, or Designee, on
hms/hei: heir own initiative or as a result of reports by others, shall examine or cause to
be examined every building or structure appearing or reported to be unsafe, and if
such is found to be an unsafe building or structure as defined in this article, the
building official or Designee shall proceed in the manner set forth in this article.
(f) Emergency action.
When in the opinion of the Building Official, or Designee, there is actual or
City of Miami Page 6 of 14 File ID: 11930 (Revision: A) Printed on: 9/27/2022
File ID: 11930
Enactment Number: 14085
immediate danger of the failure or collapse of a building or structure, or there
is a health, windstorm or fire hazard, he may order the occupants to
vacate, temporarily close for use or occupancy the rights -of -way thereto,
sidewalks, streets or adjacent buildings or nearby area and institute such
other temporary safeguards, including securing the building or structure, as
he may deem necessary under the circumstances, and may employ the
necessary labor and materials to perform the required work as expeditiously
as possible. In such event, the operation of the notice and hearing
requirements of this Section shall be suspended as reasonably necessary
in the opinion of the Building Official, or Designee, to redress the
emergency situation. Costs incurred in the performance of such emergency
work shall be paid by the appropriate governmental authority and upon the
recording in the public records of this county a certificate executed by the
Building Official, or Designee, certifying the amount so expended, the same
shall become a lien against the property involved.
For purposes of subsection (f), Owner shall mean the Owner of an
apartment buildina or a condominium / condominium unit.
When the Building Official or Designee orders an occupied residential
building, either apartment or condominium, with four (4) or more units to be
vacated, as authorized in Section 10-101(f)(1), and deems that there is an
actual or immediate danger of the failure or collapse of a building or
structure, or health, windstorm, or fire hazard, which is a result of the
negligent or intentional act or failure to act by the Owner(s), the Owner shall,
after posting, within 24 hours make, or cause to be made, all necessary
arrangements to relocate the residents of the building into housing that is
safe, sanitary, and secure, and the Owner shall pay, or cause to be paid, all
of the reasonable expenses involved in such relocation. If the Owner fails to
timely relocate displaced residents, City personnel shall be empowered to
assist in the relocation, and the Owner shall pay all reasonable expenses
incurred by the City, in accordance with the following:
a. Service of a Notice of Reauired Pavment of Costs of Resident
Relocation shall be made upon the Owner by posting the Notice
in a conspicuous location at the premises ordered to be vacated
and by mailing the Notice certified, return receipt requested through
the USPS to the address listed in the records of the Property
appraiser's office for tax notices for the property and in the case
of a condominium, to the condominium board and board
president.
b. The Notice of Required Payment of Costs of Resident
Relocation shall include:
i. An affidavit itemizing the City's expenses incurred in the
relocation;
ii. The date of issuance;
iii. The name of the department or division issuing the Notice;
iv. The obligation to relocate a resident or residents pursuant to
Section 10-101(f) of the City Code;
v. The amount of relocation costs for which reimbursement is
sought, up to three months, the financial assistance shall be
in an amount not to exceed (3) three months' fair market
City of Miami Page 7 of 14 File ID: 11930 (Revision: A) Printed on: 9/27/2022
File ID: 11930
Enactment Number: 14085
rent, as defined by the United States Department of Housing
and Urban Development;
C. With respect to apartment rental units, the obligations of Owners
under this Subsection shall only apply to tenancies entered into
after the effective date of this subsection.
d. Once notice requiring payment of costs accomplished, Owner
shall have thirty (30) days to pay.
(g) Unsafe structures meeting valuation criteria for immediate demolition.
(1) The provisions below shall apply to buildings or structures meeting the
valuation criteria for demolition.
(2) The Building Official, or Designee, shall prepare a notice of violation. The
building official, or Designee, shall prepare a notice of violation. This written
notice shall state in summary form:
(i). The nature of defects which constitute a violation of this Section; and
(ii) In such time not to exceed ten (10) days to secure an open structure to
the reasonable satisfaction of the Building Official and time to comply by
obtaining an approved Permit within thirty (30) days. Failure to comply
with any portion of the timeframe provided can result in the matter being
set for hearing before the Unsafe Structure Panel;
(iii). This notice shall also state that the specific details concerning the
violations can be obtained in writing from the Building Official on request. In
addition, this notice will explain the right of appeal of the decision of the
Building Official, or Designee, to the Unsafe Structures Panel, in its appellate
capacity and also advise that unless there is compliance with the directions of
the Building Official, or Designee, a case will be commenced before the Unsafe
Structures Panel with the City seeking demolition without further notice.
Th,Q AAt+sLQ chill s4;;4o in}� immani fnrm the nA4i iro of 4ho rJofon4s nihinh
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roni leSte l in WFitinn �eii4hin Oho ro.Acnn.Ahlo rdicnro4inn of the b lildinn nffinial nr
os1nn,Qe. The FIE)RGe- shall state that -the -speci€idetta+lSGE)nEeFnmRg the-
yielatiGFIS Grim be . btaiRed OR WFiti FI f eM the b iildiR effinial eF Desi---o
UPGR Feq es4 Ire additiE)F the FIE)tiGe will explaiR the right of anneal r,f 4ho
deGiciGR r,f the 19 1ilrlir, Gffinial E)r Desirrrle.e_te he i msafe son 1G Fes panel n
,. � .�Rla ccarc�-purrcr,
its appellate GapaGit yo ril) aadvise that. dles_ the deGiciGR is appealed e4ho
i i
shall ,--eQeme„s,hwitheut fuFtheF,-reRe.
(3) The notice of violation shall be affixed to the structure concerned. The building
official, or Designee, shall also affix to the structure notice of the hearing of the
unsafe structures panel scheduled to consider any appeal of the decision of the
building official in connection with the structure. The notice of hearing shall be
issued by the director of the building department or his/her designee for
appeals to an unsafe structures panel advising persons to appear before the
panel to show cause why the decision of the building official should not be
carried out. The hearing shall not be scheduled earlier than 30 days following
the date of posting of the notice of hearing and notice of violation.
(4) The building official, or Designee, shall post a notice bearing his or her
signature in a conspicuous location on the building or structure that has been
determined to be unsafe. The posted notice shall read s, bSta ball„ as f„lle ws.
BUildiRg OffiGial,
imsafo "THIS BUILDING SHALL BE VACATED SHAI I NOT
I I BE OCCUPIED." AGtiGR shall I
tretakeR by the E) "FIer'cr-as-preSGFibed
City of Miami Page 8 of 14 File ID: 11930 (Revision: A) Printed on: 9/27/2022
File ID: 11930
Enactment Number: 14085
tF6e "TH1C Q T I G FE Cu41 nlQT RC RFnnn�nnFC€pT Rev T4E-
RUILIDI G OFFI `IADATE (ir,SeFt date pested)—."as provided for in Subsection
(c)(1).
(5) Within ten LlOZworking days of posting the notice of violation and/or notice of
hearing, the building official or Designee, shall send written notice of violation
and r.etino of heaari.A. to the owner and aRY ;RteFeSted party. For hearings,
notice shall go to both the owner and any interested party. For these purposes,
the owner shall be the taxpayer as reflected in the most recently certified real
property ad valorem tax roll of Miami -Dade County; provided however, where
the records of the Dade County Property Appraiser indicate that ownership has
changed, the owner shall be the taxpayer as reflected in those records. An
interested party shall be the owner and any other person or entity who has
previously requested real property ad valorem tax notices with respect to the
subject property in accordance with F.S. § 197.344, as the same may be
renumbered or amended from time to time. The notice of violation and notice of
hearing 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
Property Appraiser. Failure to receive such notice, or the lack of a signed return
receipt shall not invalidate the notice.
(6) Upon expiration of the period of appeal provided in the notice of violation, the
building official, or Designee, may file an appropriate instrument in the office of
the clerk of the circuit court to be recorded in the public records of this county,
indicating that the property is in violation of the building code and subject to a
pending lien. The recording of the notice shall constitute constructive notice of
the violation to all concerned, subsequent purchasers, transferees,
mortgagees, lessees, grantees and all persons claiming or acquiring interest in
the property. In the event that the violation is corrected, the building official, or
Designee, shall file proof of the same upon payment for fees incurred.
(7) The building official, or Designee, shall publish a notice in a Rewspaper of
OeRerai `+ir` ,,I�a+ielp AGRPA 7 VgQLQk for two consecutive weeks online via the City's
website at www.miamigov.com. The published notice shall contain the address
of the subject property and the names of the owner and any interested party,
and state that the subject property has been fGHFIGI te be OR vielatieR ef cited for
violations of the building code and subject to demolition. The published notice
shall also state the time and place of the hearing scheduled before the unsafe
structures panel.
(8) The notices provided in this section are intended to serve as full and effective
notice of the hearing 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.
(9) The City may seek collections of any money expended to rehouse occupants of
a structure under this Subsection pursuant to (f)(2).
(h) Unsafe structures not meeting the valuation criteria for immediate demolition.
(1) If a building or structure may be repaired and made safe pursuant to the
valuation criteria set forth above, and the building or structure is otherwise
unsafe in accordance with the physical criteria set forth in this section, the
building official, or Designee, may order such building or structure to be
temporarily secured in the manner and subject to the limitations set forth in this
section. Such building must be completed and brought into full compliance with
the building code within such time as the building official, or Designee, or the
unsafe structures panel may determine to be reasonable for such completion. If
the building or structure is not temporarily secured, or once served, not
City of Miami Page 9 of 14 File ID: 11930 (Revision: A) Printed on: 9/27/2022
File ID: 11930
Enactment Number: 14085
(2)
(3)
(4)
(5)
(6)
(7)
(8)
completed and brought into compliance with the building code within the
reasonable periods allowed, such building or structure shall be demolished and
removed from the premises.
The building official, or Designee, shall prepare a notice of violation. This
written notice shall state in summary form:
(i). fThe nature of defects which constitute a violation of this section and
shall prescribe the action to be taken to comply and the time within
which compliance must be accomplished;i
ii +In such time not to exceed ten (10) days to secure an open structure to
the reasonable satisfaction of the building official, or Designee QQ days
to ebtaiR permits to Fepiithe StF6IGt6HFe, and 120 gays 4n hrinn i4 in4n
sixty days (60) days to submit plans,
ninety (90) days to obtain permits and one hundred twenty (120) days to
complete and finalize the permit obtained. Failure to comply with any
portion of the timeframe provided can result in the matter being set for
hearing before the Unsafe Structure Panel;
iii . This notice shall also state that the specific details concerning the
violations can be obtained in writing from the building official on request.
In addition, this notice will explain the right of appeal of the decision of
the building official, or Designee, to the unsafe structures panel, in its
appellate capacity and also advise that unless there is compliance with
the directions of the building official, or Designee, a case will be
commenced before the unsafe structures after time for compliance has
expired, or that the building official's order will be enforced.
The notice of violation shall be affixed to the structure concerned.
Within ten LIOZworking days of posting the notice of violation, the building
official, or Designee, shall send the written notice of violation to the owner aP4
an„ iRteFeSted party, in the same manner provided in above.
In the event that the building or structure is not secured or brought into
compliance with the requirements of the building code within the periods
specified in the notice of violation, and nn appliGatinn fnr ov4onsinn is marlo in
the FnanneF set f„Fth it this seGti„r, the building official, or Designee, may
schedule the case for hearing before the unsafe structures panel to secure an
order for demolition of the building or structure or to obtain any other
appropriate remedy.
In the event that the building official, or Designee, requests that the director of
the building department or his/her designee schedule a hearing, or in the event
that the owner or interested party files a timely appeal of the decision of the
building official, the seGFetaFy to the heard or director of the building department
or his/her designee shall issue a notice of hearing which shall be affixed to the
property, mailed to the owner and interested party, in the same manner
provided in subsection (g) above. Notice of the hearing shall be published in the
same manner provided in subsection (g) above.
+If the
property has not been secured or permits for repair obtained in the manner
stipulated in the notice, the building official, or Designee, may file an
appropriate instrument and notice of pending lien in the public records in the
manner provided in subsection (g) above. The City may seek collections of any
money expended to rehouse occupants of a structure under this Subsection
pursuant to (f)(2).
Pre -Hearing Extension of Time: Homestead Exempt and/or owner -occupied
residential Properties may be allowed to request from the Building Official, prior
City of Miami Page 10 of 14 File ID: 11930 (Revision: A) Printed on: 9/27/2022
File ID: 11930
Enactment Number: 14085
to hearing before the Unsafe Structure Panel, one (1) extension of time from
the original notice of violation compliance requirements. Extensions shall only
be provided for those Properties who have shown good cause, meaning
submission of plans and active participation in the processing of the Permits to
repair the deficiencies. Extensions shall not apply to structures that meet
criteria for immediate demolition. The extension may be no longer than 180
days in total. Governmental owned properties shall also be allowed to request
extensions pursuant to this subsection. This Subsection shall apply
retroactively to all similarly situated properties. The nerinds se+ fnr+h in +he
nn�e of Vinla�n fnr bringing tht9 stn in+i ire intn rmm�lianre �A.Wh the b lilding
rrv- c-vrvrv�a gnT� rr�. vcrcrcccn�rrrcv m crr�g
rode may be eAended by the bi lilding nffirial fnr one nr mnro additional nerinds
�nih irh in the aggregate do not exceed an addi+innal 1 Qf1 dais pi:eyided all of
+he nnndi+inns of this si Ibsen+inn are met the interested party nrinr to +he
expiratiG f the neFOG-d- fnr nmmplignno and ch;ll co+ fnr+h +n +ho
nno nr mnro of the fnlln\enng rlrrl imstanrec-
a The interested party has a demonstrated financial hardship that �niill
nreVent the interested party frnm rmmPleting a bi lilding nr stn irti ire•
b. F-Ficeparrtyhasfileda-a-GE) Fn p l etedz� n irm heaFiRg appliGatieR
�nihirh efforts the final rmmple+inn of the h- iilding nr stn irti ire and Which
Inning hearing regi lest has not rereiVed final appFe cal nr reiertinn frnm
the nit y nr annlirable geyearpmental agenrYi inrli 1ding aRy nr all anneals
to rni ir+ fnr rim'.stances ei'+side of the rnntrel fnr the interested part y;
0
The bi lilding nr s+n in+i ire is a mi lltinle dWelling s+n Intl ire as defined in the
�mnrnmi 's the stri irt, iral integrity of the entire mi it+i_i ini+ s+n Intl ire
rrrprvrrrr rr�. acracccn-a�-�-rrcc9riryvrcrn. cn cm�r'urci--cn-r�vcracccnj
�iTeP nnm nIat+8rni-nv�t iatrractarp�s tsid �tc„ihp rLrnrnTtc,cr q IAf+c„rhp
-I iTny-
terested Part
th•
p. e bIlild1ng nr Ctl"G4 eTi f.Tthe 661bbje Gt Gf PeRGIORg lTtgGCTeTr-t"at r Adak,
c, i+rnimnnssihle fnr•Tthe hi iilding nr s+n Intl ire to he rmmpleted•
A. The b lilding nr the 661bjeeGt eef geed f�aTm��suranre claim
the prereeds of Which are INteNded to he i itilized for repair ar,d
GVT7T�lT
if. The b6lildiRg er s+r lGt lr�the s ibjef+t E)fapeRdIN te be Glesed
e iithiR a reasonable time frem the date the evtteRSIE)R is requested,
where the b Hier has evert ited a wFi++ep to the b ildiRg Official to
GMpleta_the stri lrti ire Within the applicable eV+ender period
City of Miami Page 11 of 14 File ID: 11930 (Revision: A) Printed on: 9/27/2022
File ID: 11930 Enactment Number: 14085
(i) Public hearing — Unsafe Structure Panel.
(1) On the day established in the notice of public hearing the unsafe structures panel
shall review all pertinent evidence and hear all testimony from the building official
Designee), the owner and other parties in interest and their respective witnesses.
(2) The unsafe structures panel may order repair, securing, and/or demolition of the
structure upon application of the standards set forth in this article. The unsafe structures panel
may modify, rescind, or uphold the decision of the building official as recited in the notice of
violation. The unsafe structures panel shall modify or rescind a decision of the building official
only upon a finding that the building official was in error in the interpretation or application of
the building code. The unsafe structures panel shall not exceed the time frames allowed for
repair and completion of buildings and structures specifically set forth in this article, except
where the work involved reasonably requires such additional time.
(3) A copy of the order shall be forwarded to the owner, and all interested parties by
registered nr U. S. mail, and a copy thereof posted on the property.
(4) If the owner or interested party fails to comply with the order of the unsafe
structures panel within the time stipulated therein and such order is to repair, complete or
secure the building to make safe, then the building official, or Designee, shall cause such
building to be vacated, if occupied; and shall through his/her employees or through a
contractor enforce the order of the unsafe structures panel or building official. Buildings shall
be secured with concrete block or other materials of the same durability as determined by the
building official. Swimming pools shall be secured by fencing or by using another approved
method as determined by the building official. For failure to comply with the order of the
Unsafe Structure Panel, which includes requesting a timely extension of time under
Subsection 10-101(m), as applicable, the City shall have the authority to move forward with
demolition of the property structure, if so ordered by the Unsafe Structure Panel, as it has
already been deemed unsafe and in need of immediate repair. The City shall follow the
process set forth through Subsection (5) below.
(5) If the order of the unsafe structures panel is to demolish the building or structure
and to remove or salvage contents, debris and abandoned property from the premises, and
the owner or those responsible shall have failed to comply with such order, then the building
official, or Designee, may do so. Swimming pools shall be demolished by removal of any
stagnant water and any above ground parts of the structure, breaking open the bottom and
filling with sand or clean fill level to the existing grade.
(k) Recovery of cost.
(1) 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.
(2) The building official, or Designee, shall file among his/her their records an affidavit
stating with fairness and accuracy the items of expense and the date of execution of actions
authorized by this section.
(3) Any other employee, official or agency who incurs costs while executing any
provision within this article shall create an affidavit stating with fairness and accuracy the
items of expense and the date of execution of actions authorized by this section. That affidavit
shall be given to the building official, or Designee, responsible for the unsafe structure at issue
and filed among his/her records for that property.
(4) The enforcing agency may institute a suit to recover such expenses against any
liable person or may cause such expenses to be charged against the property on which the
violation occurred as a lien or as a special assessment lien collectible according to
established procedures.
City of Miami Page 12 of 14 File ID: 11930 (Revision: A) Printed on: 9/27/2022
File ID: 11930
Enactment Number: 14085
(5) Any lien imposed pursuant to this article shall be a lien greater in dignity to all liens,
excepting IRS tax liens.
(6) Liens created pursuant to this section may be discharged and satisfied by paying to
the city the amount specified in the notice of lien, together with interest thereon from the date
of the filing of the lien computed at the maximum statutory interest rate, together with the
administrative costs, filing and recording fees and fees paid to file a satisfaction of the lien in
the public records. When any such lien has been discharged, the city shall promptly cause
evidence of the satisfaction and discharge of such lien to be recorded in the public records.
(7) The remedies and procedures for recovery of costs provided in this article shall be
in addition to and not in derogation of other provided in the building code or otherwise
provided by law.
(m) Post -Hearing Extension of Time.
Requests for extensions of time from Unsafe Structure Panel Orders. Any
owner or i+hnrizer! renresen+;;+iAie interested party may seek an extension of the
timeframes set forth in an order of the unsafe structures panel. Such request for a
hearing to seek such extension must be in writing, directed to the unsafe structures
panel clerk. The unsafe structures panel shall not be authorized to extend any deadline
for compliance, set forth in the order, unless the seGre`tai:y ef Hnsafe s+r ,,.+- gyros
met Unsafe Structures Division of the Building Department, Unsafe Structure Panel
Clerk 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. If the same order provides a deadline for completion of the structure, the
request for the extension for the deadline of completion must be received prior to the
deadline for completion, provided that the applicant has complied with the permit
deadline. ;rAe eaveapt may the 6 lnsafo+r + row panel grant mere +hen nno ov+oncinn
of +ime fnr eenh ini+iel nrr7er
To obtain an extension, the owner or appliGant interested party 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 sought
and that the owner or applicant has made a good faith attempt to comply with the order
which has been impeded by changed circumstances or other circumstances outside of
the owner or applicant's control. As a further condition of the extension, the owner or
appliGaRt interested party must submit in writing, together 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 panel shall not
reconsider the order, limiting its consideration of the petition to deciding whether the
grounds for an extension have been satisfied in the manner set forth in this subsection.
(3) Upon adoption of the amendment to this Section under rordinance numberl, an
Homestead Exempt and/or owner -occupied residential property currently in default of
an order of the Unsafe Structure Panel and who can show they have made a good
faith attempt to comply with the order which has been impeded by changed
circumstances or other circumstances outside of the owner's control, has been an
active participant in the process of legalizing or repairing the determined deficiencies
and provides, in writing, what has been done since the date of the Unsafe Structure
Panel order and a timetable for compliance of all required repairs shall have sixty (60)
days to request a post -hearing extension of time before the Unsafe Structure Panel.
City of Miami Page 13 of 14 File ID: 11930 (Revision: A) Printed on: 9/27/2022
File ID: 11930 Enactment Number: 14085
Failure to request the post -hearing extension shall leave the original order in full force
and effect.
(n) Judicial review.
(1). Any owner or interested party aggrieved by a decision of the unsafe structures
panel may seek judicial review of that decision in accordance with Rule 9.110(c) of the
Florida Rules of Appellate Procedure. Accordingly, any order, requirement, decision,
denial of a request for extension of time, or determination of the unsafe structures
panel shall be reviewed by the filing of a notice of appeal in the circuit court appellate
division of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, within
30 days of rendition of the order.
The use of one method of enforcement shall not preclude the use of another
method of enforcement including, but not limited to, legal actions filed with the
Eleventh Judicial Circuit Court whether the actions are done in a consecutive or
concurrent manner.
(o) Definitions.
Building or structures shall be synonymous.
Building code shall be the Florida Building Code, as amended from time to time.
Interested parties shall be defined as stated in chapter 10 of this Code.
All other definitions shall be defined as stated in chapter 10 of this Code or chapter
8 of the Miami -Dade County Code.
*„
Section 3. If any section, part of 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 thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1 f
i ria i ndez, Ciity lattor ey 7/5/2022 Ji ria i -nd" ez, City Httor iey 8/29/2022
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 Page 14 of 14 File ID: 11930 (Revision: A) Printed on: 9/27/2022