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HomeMy WebLinkAboutAgenda Item Summary Form0.1%14 f, AGENDA ITEM SUMMARY FORM Second Reading a1[a1I7.-A§LOXI7 Date: 05/03/2022 Requesting Department: Department of Building Commission Meeting Date: 09/13/2022 Sponsored By: Type: Ordinance District Impacted: All Subject: Amend Code - Chapter 10 - Unsafe Structures PURPOSE OF ITEM: 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 "UNSAFE STRUCTURES," TO PROVIDE CERTAIN RESIDENTIAL BUILDING OWNERS' AN OBLIGATION WHEN A RESIDENTIAL BUILDING, APARTMENT OR CONDOMINIUM, IS DEEMED UNSAFE, TO BE REQUIRED TO HOUSE AND PAY FOR REASONABLE RELOCATION COSTS OF DISPLACED RESIDENTS AND ALSO PROVIDING THAT SHOULD THE OWNER FAIL PROVIDE SUFFICIENT HOUSING, REIMBURSEMENT TO THE CITY OF MIAMI, FLORIDA BY OWNER FOR ANY RELOCATION COSTS PAID BY THE CITY OF MIAMI, FLORIDA; PROVIDING FOR PLACEMENT OF LIEN ON OWNER'S PROPERTY FOR ANY UNREIMBURSED RELOCATION EXPENSES INCURRED BY THE CITY OF MIAMI, FLORIDA; AND TO 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. BACKGROUND INFORMATION: Over the past year buildings have been evacuated due to unsafe conditions, in some cases private owners do not have the funds to sufficiently house the displaced residents. In almost all cases, the cause of the unsafe conditions were preventable. In addition to the tenant relocation, this code amendments updates notice requirements, extensions of times, and codifies a designee to mirror legislation in the County and State. Budget Impact Analysis Item has NO budget impact Total Fiscal Impact: N/A Reviewed By City Commission Todd B. Hannon Meeting Completed 05/12/2022 9:00 AM City of Miami File ID: 11930 (Revision: A) Printed On: 9/27/2022 Department of Building Asael Marrero Department Head Review Completed 05/18/2022 10:57 AM Office of Management and Budget Fred Pericles Budget Analyst Completed 06/01/2022 9:17 AM Office of Management and Budget Marie Gouin Budget Review Completed 06/01/2022 5:59 PM City Manager's Office Nzeribe Ihekwaba Deputy City Manager Review Completed 06/14/2022 11:11 AM City Manager's Office Arthur Noriega V City Manager Review Completed 06/14/2022 1:51 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 06/16/2022 12:15 PM Office of the City Attorney Rachel Dooley ACA Review Completed 06/28/2022 9:34 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 07/05/2022 10:27 AM City Commission Nicole Ewan Meeting Completed 07/14/2022 9:00 AM City Commission Nicole Ewan Meeting Completed 07/19/2022 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 08/29/2022 8:24 PM Office of the City Attorney Rachel Dooley ACA Review Completed 08/29/2022 8:37 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 08/29/2022 9:34 PM City Commission Nicole Ewan Meeting Completed 09/08/2022 9:00 AM City Commission Nicole Ewan Meeting Completed 09/13/2022 9:00 AM Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 09/23/2022 2:00 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 09/23/2022 2:07 PM Office of the City Clerk City Clerk's Office Rendered Completed 09/23/2022 2:09 PM City of Miami File ID: 11930 (Revision: A) Printed On: 912712022 City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:14085 File Number: 11930 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 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 City of Miami File ID: 11930 (Revision: A) Printed On: 9/27/2022 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. Section 2. Chapter 10 of the City Code is amended in the follow particulars:' "CHAPTER 10 BUIDLINGS 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: 11930 (Revision: A) Printed On: 9/27/2022 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. (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. City of Miami File ID: 11930 (Revision: A) Printed On: 9/27/2022 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 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 City of Miami File ID: 11930 (Revision: A) Printed On: 912712022 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 „Rtil the Fesults fFem the FequiFed iRspeGti Rs ham beeR Feyiewed, aim all eFrni+,,, s have beeR ebtaiRed to bFiRg the Gt"a'Gt 1Fe-pu^Gk i RtG GE)Fn pliaRGe with the b ildiRg , ede 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 City of Miami File ID: 11930 (Revision: A) Printed On: 9/27/2022 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 undergoing 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 h+s/hpr 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 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 building 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 City of Miami File ID: 11930 (Revision: A) Printed On: 9/27/2022 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 Required Payment 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 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 (i i) In such time not to exceed ten (10) days to secure an open structure to the reasonable satisfaction of the Buildina 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 Buildinq Official on request. In addition. this notice will explain the riaht of aaaeal of the decision of the Buildinq Official, or Designee, to the Unsafe Structures Panel, in its appellate capacity and also advise that unless there is compliance with the directions of City of Miami File ID: 11930 (Revision: A) Printed On: 912712022 the Building Official, or Designee, a case will be commenced before the Unsafe Structures Panel with the City seeking demolition without further notice. ThTe-r Aube sh;;" state in si immary fnrm the n�ti ire of the rl efents Wh inh �r'rvt�t{�t� � `iinle�n of ����le �nr-! ell nrrJ�- t�istri Intl ire to he rr-a--cTv-rcr rr-vr rc-c�-rcr uir-vra acraccm�cv�c d e IS eOthiTrIS 1Hv rr M. e ;; sa IS ret}GG A �A h_ .1 e6 61uJeGt tB e44ten c i n�Tea A regi jested W in�,riti ng �eiith0A Oho re�snn�hle rJisnretinn of the b iild Rg nffinia1 eeT nr esig n . FticQ-rnrvtiL 'a'Irl rvta-tt. that the SpeGifir iG dtataiTv GG GeFRO g t� ' iinl�tinns ran he nhtAinerl in �eiritin from the b iildin nffigial nr nesignee i innn req lest In addition the nntine Will explain the right of anneal of the rlegisinn of the hi iilrlin nffinial nr nes0gne2 t8 the i info stn Intl Tres panel in its appellate GapaGit y and advise that -nless the rlenisinn is appealed the IDHiIGIORg shell he rdemnlis herl �Agmthni it fi irther Amine (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 s6 ihstantiall„ as fellews. 1fJ InIC4CC RI IIILIDII\I�. ThTss; VF 6461Gt6lFe 06, OR the nPininn of �y Building Q#inial' AiinSAfT"THIS lollrI DINT � SH'4'I I RC ��4TCfl_CI-I4I �T RaE /l(`(`I IDICnst�e�shaull bee takeR by t�ni nner-as-preSGFibed by WFitteR Peti6e"THIC nlQT-ICC Cu4I I nInT RC R�nnn�nnF=XC€pT Rev T4E- BUILDING (1CCIGI41[DATE datepestedTas provided for in Subsection (c)(1). (5) Within ten L10Lworking days of posting the notice of violation and/or notice of hearing, the building official or Designee, shall send written notice of violation aR d RGtiGe of heaFiRg to the owner and ar„ interested part„. 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. City of Miami File ID: 11930 (Revision: A) Printed On: 9/27/2022 (7) The building official, or Designee, shall publish a notice ;n a Rewspaper of geReral ^;r^,,';;+;^n ^n^o a week 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 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 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. (2) The building official, or Designee, shall prepare a notice of violation. This written notice shall state in summary form: (i). tThe 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 iln such time not to exceed ten (10) days to secure an open structure to the reasonable satisfaction of the building official, or Designee, 40-days to obtain permitste FepaiF theGtFWscare and 120 days to bYINg it iRtG GE)Mplia RGe with the b ildiRg , ede 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. (3) The notice of violation shall be affixed to the structure concerned. (4) Within ten L10Lworking days of posting the notice of violation, the building official, or Designee, shall send the written notice of violation to the owner aPA ,r„ interested part,,, in the same manner provided in above. (5) 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 Re appliGatiGR fGF exteRSOOR is maple OR City of Miami File ID: 11930 (Revision: A) Printed On: 9/27/2022 (6) (7) (8) +he manner se+ fnr+h in +his se`++inn the building official, or Desiq nee, 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 se^re+ar„ +e the beard- nr 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. I Inns expiry+inn of the neried of anneal nreyidead- in the nntine +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 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 ne Gds se+ fnr+h in +he n nt0Ge of �iin la�n fnr bringing thl9 s+n in+i ire in+n gmm�lianne �eiith the 19 1ilding rry v�--c�v-ra gnT� rr�. acraccm�rrrcv m crr�g rnr7e may be eAeRded by the 19 1ilding nffinial fnr nne nr rnnre arlrlitinnal nermc)ds nihinh in the aggregate rle Ret evneed are additierlal 180 days ereyided all of the neRditleRS of this si ibsentierl are mot the interested party pFier to the �atiGR er eFibtl--allewed far FneliaRGe d shall set to the �vr�rn-prrai�c�aKicr�rrarrrc crrcv crrc.. GRe er mere of the fGIIG iRg nirni irnstaRGes, as The -'interested paFty has -a der.p. firated fiRaRGial haFdship to will nreyeRt the interested party from neMpletiRg a 19 illdiRg er stri Intl ire• r p. TRe�teFested paFty has filed -a EeFnpletedzZeRiRg heaFiRg appliGatieR nihinh affegts the final nervmeletierl of the 19 illdiRg er stri anti ire and which Zerllrlg heaFiRg request has rlet reneiyed final aeereyal er reientiGR from the nity er aeellgable geyerNmeNtal ageNn\/ iRGI 1diRg aRY or all appeals to nei in fed nirni 1FnstaRGes ei Itside of the gerltrel fed the interested eart� 0 0 G. The 19 illdiRg er s�g+l Ire s a multiple dwelliRg stri Gt Ire as rJ�N� r, the err ccm-�iTu-rri�-c-avcmrr�vcrcrccarc-aTcr rr �rrcrr�. bildiRg nede and demelltiGR of aRY i Ritl.,n,,emr�ri siRg that stri Intl ire C� s the StFUc''rcaral iRtegrrii�rthe eptFre M611ti 61ROt 6#61GWFe h rnpl stri Gt ire 's outside of n I of the vvi�e�Ci C�rrrpretf6 �crcrccarc-i�-va-�arac-cr C�rrt�6rvrcrr�. i Rterested ear+�i, d. The b� �lld1Ng er ctFHctWFe-is the subject of peRdiRg liiti(gaatieR thatFeiueFs it O meessible for the b ildiRg er stri Intl ire to he nerreleted; e. The bl ildiRg er StFUGt Ir�t�he subbjeGt of a geed faith IN aGe lla�r the ereneeds of which are iRteRded to he utilized fed repair arr! GGFnpletiGRj GVT7T�. Cfc1T City of Miami File ID: 11930 (Revision: A) Printed On: 9/27/2022 (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 FegisteFed OF GeFtified 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. City of Miami File ID: 11930 (Revision: A) Printed On: 9/27/2022 (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. (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 „ therized FepFesentatiye 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 seGFetaFy of the unsafe GtFHGtHFes fret 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. ,,,-rre eveR t+may the URsacScrcrccarca-purrcrgru�Trmvremurr-vrre cn ccn�vrr of time fE)r eaGh initial eFdeF To obtain an extension, the owner or appliGaRt 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 City of Miami File ID: 11930 (Revision: A) Printed On: 9/27/2022 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 [ordinance 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. 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 *„ 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: 11930 (Revision: A) Printed On: 9/27/2022 APPROVED AS TO FORM AND CORRECTNESS: Vf t6ria-Vrd6z, City Attor iey 7/5/2022 ria i " dez, Cify Attor iey 8/29/2022 City of Miami File ID: 11930 (Revision: A) Printed On: 912712022