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File ID: #15887
Ordinance
Second Reading
Sponsored by: Damian Pardo, Commissioner, Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE VI/SECTION 10-101 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TITLED "BUILDINGS/UNSAFE STRUCTURES/UNSAFE
STRUCTURES AND UNSAFE STRUCTURES PANEL," SPECIFICALLY BY
AMENDING SECTION 10-101(L), TITLED "UNSAFE STRUCTURE PANELS. UNSAFE
STRUCTURES PANELS ARE HEREBY CREATED TO CONDUCT HEARINGS AS
PROVIDED FOR UNDER THIS SECTION," TO AMEND QUALIFICATIONS FOR
MEMBERS OF THE UNSAFE STRUCTURE PANEL; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 15887 (Revision:) Printed On: 5/6/2024
City of Miami
Legislation
Ordinance
Enactment Number: 14278
File Number: 15887 Final Action Date: 4/25/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE VI/SECTION 10-101 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TITLED "BUILDINGS/UNSAFE STRUCTURES/UNSAFE
STRUCTURES AND UNSAFE STRUCTURES PANEL," SPECIFICALLY BY
AMENDING SECTION 10-101(L), TITLED "UNSAFE STRUCTURE PANELS. UNSAFE
STRUCTURES PANELS ARE HEREBY CREATED TO CONDUCT HEARINGS AS
PROVIDED FOR UNDER THIS SECTION," TO AMEND QUALIFICATIONS FOR
MEMBERS OF THE UNSAFE STRUCTURE PANEL; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Section 10-101(I) of the Code of the City of Miami, Florida, as amended
("City Code"), which provides for the creation of the Unsafe Structure Panel; and
WHEREAS, currently it does not allow current or former City of Miami ("City") employees
to be on the Unsafe Structure Panel; and
WHEREAS, it would be in the best interest of the City and the Unsafe Structure Panel if
former City employees who separated from the City two (2) or more years prior to application to
become an Unsafe Strcuture Panelists provided they left their position in good standing and all
other requirements of both the City Code and Procurement Department are met; and
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission,
by a majority vote, hereby deems this Ordinance to be of an emergency nature.
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, titled "Building Permit Fee Schedule," is hereby
amended in the follow particulars:1
"CHAPTER 10
BUILDINGS
ARTICLE VI. UNSAFE STRUCTURES
1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
City of Miami File ID: 15887 (Revision:) Printed On: 5/6/2024
Sec. 10-101. Unsafe structures and unsafe structures panel.
(I) Unsafe structure panels. Unsafe structures panels are hereby created to conduct hearings
as provided for under this section.
(1) Composition. Unsafe structures panel(s) shall consist of three members from
the list of panel members provided for under subsection (2). A building
department representative will serve as an ex-officio, non -voting member of
each panel, to act as a liaison. The ex-officio member shall not count toward a
quorum of the panel.
(2) Appointment of members to the unsafe structure panel. The appointment of
unsafe structure panel members shall be done through a request for
qualifications process or in the alternative, by agreement with Miami -Dade
County, Florida and use of their vetted pool of hearing officers. The director of
the building department shall not have any input into which members are
designated to comprise a particular panel.
The following criteria shall be used to select member of the unsafe structure
panel as part of the RFQ:
a. The unsafe structure panel shall consist of three members. The chair
shall be required to be a Florida -licensed architect, engineer or licensed
construction industry related contractor with five or more years
experience.
b. The available unsafe structure panel member pool shall, if possible,
include at least two persons who qualify for position of chair at any given
time.
c. Panelists shall not be cither current or former employees of the city
notwithstanding any other provision in the City Code and former City
employees must be separated from the City for two (2) or more years,
having left in good standing.
d. Panelists shall not be involved in the construction trade as it pertains to
active business in the city from the time of application through time as
part of the unsafe structure panel pool.
e. All applicants will be required to provide a full financial history as part of
the application process, including but not limited to sources of income
and debt, as well as proof of certifications, educational background. In
addition, all applicants must be able to certify that they have no prior
criminal history and provide a list of any past code violations issued
whether in the city or not with their outcome as it relates to personal or
professional matters.
f. Applicants with certification(s) in the building related trades or licensed
attorneys in the state shall be given preference to appointment to the
panel pool.
City of Miami
g.
The panel pool shall consist, as possible, of four general panelists and
two chair panelists.
h. Payment for panelists shall be consistent or greater to that as provided
for in Miami -Dade County Administrative Order No. 2-5, as amended.
Any panelist selected who fails to appear more than two times for a
scheduled hearing in one calendar year shall be removed from the panel
and shall not be reconsidered in future panel applications. Excused
absences for emergency circumstances shall not apply.
Each procured panel pool shall be for two-year cycles.
k. Panelists must sign an affidavit attesting to having no conflict of interest
in their service as an Unsafe Structure Panelist and be in compliance
with State and Local Ethics Codes and shall participate in required
yearly local ethics training.
Other criteria may be considered as relevant and necessary.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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: 15887 (Revision:) Printed On: 5/6/2024