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Home My WebLink AboutCC Legislation (Version 1),z=u /+ �fl City of M i a m e City Hall 3500 Pan American Drive *\,NCNNi DWI i* � a Ne 4 Legislation Miami, FL 33133 www.miamigov.com Ordinance File Number: 09-00872zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "HISTORIC PRESERVATION", BY AMENDING SECTION 23-2, ENTITLED "DEFINITIONS", BY ADDING A DEFINITION OF DEMOLITION BY NEGLECT; FURTHER ENACTING A NEW SECTION 23-9.1, ENTITLED "DEMOLITION BY NEGLECT', WHICH WILL PROHIBIT DEMOLITION BY NEGLECT OF DESIGNATED HISTORIC PROPERTIES; REQUIRE AFFIRMATIVE MAINTENANCE OF THESE PROPERTIES; PROVIDE MINIMUM MAINTENANCE STANDARDS; PROVIDE FOR RELIEF DUE TO ECONOMIC HARDSHIP; PROVIDE FOR CODE ENFORCEMENT REMEDIES; PROVIDE FOR CIVIL PENALTIES AND INFRACTIONS INCLUDING LIENS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Historic and Environmental Preservation Board ("HEPB") considered this item at its August 4, 2009 meeting, Item No. 1, and adopted Resolution No. HEPB 2009-53, and by a vote of six to zero (6-0), has recommended the adoption of this item to the City Commission; and WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend its City Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 23 of the Code of the City of Miami, Florida, entitled "Historic Preservation", Article 1, entitled "Historic Preservation" is amended in the following particulars: {1} "CHAPTER 23 HISTORIC PRESERVATION ARTICLE 1. HISTORIC PRESERVATION Sec. 23-2. Definitions. The following definitions shall apply only to this chapter, undefined terms shall be defined as set forth in the National Historic Preservation Act of 1966, as amended, or as commonly used: City of Miami Page 3 of 3 Printed On: 8/31/2009 File Number.• 09-00872zt Demolition by Neglect The deliberate or inadvertent failure to maintain minimum maintenance standards for those properties designated historic either individually or as a contributing property within a historic district by action of the Historic and Environmental Preservation Board, Sec. 23-9.1 Demolition by neglect. (a) Demolition by neglect prohibited; affirmative maintenance required. The owner(s) of a property designated historic pursuant to this Chapter, which includes a property either individually designated or designated as a contributing property within a historic district, as defined by this Chapter, shall comply with all applicable codes, laws, and regulations governing the maintenance of the property. It is the intention of this section to preserve from deliberate negligence, or inadvertent neglect the exterior features of property designated historic and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against such decay and deterioration and shall be free from structural defects through prompt corrections of any of the following defects: (1) Facades which may fall or damage the subject property, adjoining property, or iniure members of the public. (2) Deteriorated or inadequate foundation defective or deteriorated flooring or floor supports, deteriorated walls, or other vertical structural supports. (3) Members of ceilings roofs or other horizontal members which sag, split, or buckle due to defective material or deterioration. (4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken or missing windows or doors. (5) Any fault or defect in the property which renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight. (6) Defective or insufficient weather protection which jeopardizes the integrity of exterior or interior walls roofs or foundation, including lack of paint or weathering due to lack of paint or protective covering. (7) Any structure designated historic which is not properly secured under the Florida Building Code or other technical codes and is accessible to the general public; or, any fault or defect on the property designated historic that renders it structurally unsafe or not properly watertight. (8) Spalling of the concrete of any portion of the interior or exterior of the structure designated historic. (b) Unreasonable or Undue economic hardship. A property owner who believes that application of this section creates an unreasonable or undue economic hardship, as that term is defined by this Chapter, may apply for a special certificate of appropriateness to the Board within fifteen (15) days of having notice or knowledge of any defect(s) referred to in this section. The procedure employed by the Board shall be the same as for the consideration of a special certificate of appropriateness under this Chapter. The Board may grant the owner an extension of time to comply with corrective work or limit the scope of the corrective work. (c) Enforcement. (1) Notice of Administrative Enforcement. Enforcement shall be as provided pursuant to Chapter 2, Article X, entitled "Code Enforcement," of the City of Miami Code, as amended. City of Mianzi Page 2 of 3 Printed On: 8/31/2009 File Number: 09-00872zt (2) Civil Actions for Injunction and Remedial Relief Lien on Property. In addition to Code Enforcement remedies if the property owner fails to take corrective action within the time prescribed, the City may file any civil action ordering the property owner to take corrective actions and the City may seek damages and seek any other relief available under Florida Law. The Court may order an injunction providing such remedies if the City proves that the Owner has violated this ordinance and such violation threatens the integrity or existence of a designated historic property. In the event that a court order authorizes that the City enter into the property and take corrective action, the Court may also order that the cost of the corrective action incurred by the City shall be a municipal special assessment lien against the property. Such lien shall, until fully paid and discharged, be of equal rank and dignity with the lien of ad valorem taxes and shall be superior in rank and dignity to all other liens, encumbrances titles, claims in, to or against the real property involved. Such liens may be instituted and enforced pursuant to Chapter 173, Florida Statutes, as amended, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The Property owner shall pay all costs of collection including reasonable attorney's fees, service charges, civil penalties, and liens imposed by virtue of this ordinance. Section 2, 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 3. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} Words/ and or figures stricken through shall be deleted. Underscored words and/ or figures shall be added. The remaining provisions are now in effect and remain unchanged. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 3 of 3 Printed On: 8/31/2009