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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #15687 Ordinance Sponsored by: Manolo Reyes, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES, AND OF DEFAULTED MORTGAGE PROPERTIES" PROVIDING FOR AN AMENDED REGISTRY FEE FOR CERTAIN STRUCTURES THAT ARE VACANT, BLIGHTED, UNSECURED OR ABANDONED AND ARE THREE STORIES AND HIGHER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 15687 (Revision:) Printed On: 5/20/2024 City of Miami Legislation Ordinance Enactment Number: 14281 File Number: 15687 Final Action Date: 5/9/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES, AND OF DEFAULTED MORTGAGE PROPERTIES" PROVIDING FOR AN AMENDED REGISTRY FEE FOR CERTAIN STRUCTURES THAT ARE VACANT, BLIGHTED, UNSECURED OR ABANDONED AND ARE THREE STORIES AND HIGHER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, currently the City of Miami "(City") has a partial registry program for the registration of vacant, abandoned, blighted structures pursuant to Chapter 10, Article IV of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, with the rise in property values, more and more large swaths of property in prime City locations have been left derelict and abandoned creating a public nuisance while property owners wait for their best price for sale or rebuilding; and WHEREAS, these large, multi -storied structures remain vacant for years on end leaving entire areas blighted and City residents and business suffering the consequences; and WHEREAS, this blight creates a lack of foot traffic, either commercial or residential in nature, which leads to them becoming areas of petty crime and nuisances; and WHEREAS, these vacant, blight, abandoned structures lead to an increase in the requirement for City services such as Police, Fire, Code, Building and Solid Waste; and WHEREAS, other municipalities such as Hollywood, Pembroke Pines, as well as Broward County, have registry fees, while Miami Beach enacted a fee structure in 2020 to specifically address these large scale vacant buildings that blight neighborhoods for years while empty; and; WHEREAS, the City Commission believes it is in the best interest of the residents of the City that a more comprehensive vacant building registry be enacted to remove this blight and nuisance from our community; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. City of Miami File ID: 15687 (Revision:) Printed On: 5/20/2024 Section 2. Chapter 10/Article IV of the City Code is further amended in the following particulars:' "CHAPTER 10 BUILDINGS * ARTICLE IV. REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES, AND OF DEFAULTED MORTGAGE PROPERTIES. Sec. 10-61. Intent. The purpose of this article is to protect the public health, safety and welfare by: (1) Establishing a program for identification and registration of vacant, blighted, unsecured and abandoned structures. (2) Establishing the responsibilities of owners of vacant, blighted, unsecured and abandoned structures. (3) Providing for administration, enforcement and penalties. (4) Allowing the city police department to enforce the trespassing penalties described in F.S. § 810.08 on vacant, blighted, unsecured, and abandoned structures. (5) Providing a fair, equitable, and efficient method of allocating and apportioning the assessed service costs, which constitute a special benefit to residential and commercial properties, among property owners within the city. Oj Declaring vacant, blighted, unsecured or abandoned real property, which are unmaintained or unsecured to be a public nuisance, the abatement of which pursuant to the City's police power is hereby declared to be necessary for the health, safety and welfare of the residents of the City of Miami. Sec. 10-62. - Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated in this section: Abandoned structures means a structure or building, as defined herein, or portion thereof, which may have multiple housing, code enforcement and/or building code violations, or may be illegally occupied and is: (1) Unsecured; 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: 15687 (Revision:) Printed On: 5/20/2024 (2) Unsafe as defined herein or as in the Miami -Dade County, Florida Code of Ordinances, Chapter 8 entitled Building Code, as amended; (3) Condemned as defined by Miami -Dade County, Florida Code of Ordinances, as amended; (4) Vacant for over a 30-day period of time, commencing with the date of city inspection and during which time an order to correct violations, abate a nuisance, or remove an attractive nuisance has been issued; (5) Vacant for over a 30-day period of time without evidence of functioning water, electric and/or gas utilities; (6) Boarded up, partially destroyed, or partially constructed or incomplete after the building permit authorizing its construction has expired; (7) Accessible to trespassers, criminals or other unauthorized persons; or (8) Currently the subject of mortgage or tax foreclosure proceedings, delinquent in mortgage or tax payments and vacant for at least 90 days. Accessible property/structure means a property that is accessible through a compromised/breached gate, fence, wall, etc., or a structure that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons. Annual registration means 12 months from the date of the first action that required registration, as determined by the city, or its authorized designee, and every subsequent 12 months. The date of the initial registration may be different than the date of the first action that required registration. Applicable codes means the city's zoning ordinance, City Code, and the state and county building and fire codes. Approved materials means all city approved materials used to secure a structure. Blighted property means: (1) Structures that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing or malicious mischief; (2) Structures whose maintenance is so out of harmony and conformity with the maintenance and quality of adjacent or nearby properties as to cause substantial diminution in the use or property value of such adjacent or nearby properties; (3) A structure defined as a public nuisance pursuant to section 46-1, as amended or pursuant to state statute; (4) Any individual, commercial, industrial, or residential structure or improvement that endangers the public's health, safety or welfare because the structure or improvement upon the property is dilapidated, deteriorated, or violates City of Miami File ID: 15687 (Revision:) Printed On: 5/20/2024 (5) minimum health and safety standards, and lacks maintenance as defined by the Florida Building Code; or A structure which exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare. Codes means all applicable codes, including but not limited to, National Fire Prevention Code, Florida Building Code, the Miami -Dade County Code and the City Code. Code violations means violations of any codes adopted and enforced by the city, which may include but not be limited to, the National Fire Prevention Code, Florida Building Code, the Miami -Dade County Code and the City Code. Default means that the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage. Enforcement officer means code enforcement inspector, building inspector, or manager's designee. Evidence of vacancy means any condition that, on its own or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to: Overgrown and/or dead vegetation; electricity, water or other utilities turned off; a stagnant swimming pool; statements by neighbors, passers-by, delivery agents, or government agents; accumulation of abandoned personal property; and/or a readily accessible residence, structure and/or building on the property. Foreclosure means the legal process by which a mortgagee, or other lien holder, terminates a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. This definition shall include, but is not limited to, public notice of default, a deed -in -lieu of foreclosure, sale to the mortgagee or lien holder, certificate of title and all other processes, activities and actions, by whatever name, associated with the described process. The process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a non -related bona fide purchaser in an arm's length transaction to satisfy the debt or lien. Local property management company means a property manager, property management company or similar entity responsible for the maintenance and security of registrable property located within Miami -Dade County or within 20 driving miles of the county limits. Upon review of credentials, the city, or its designee, may allow a non -local property manager to be listed. Manager shall mean the city manager of the City of Miami or the manager's authorized designee. Mortgage servicer means a company to which some borrowers pay their mortgage loan payment and which performs other services in connection with mortgages and mortgage - backed securities. Mortgagee means the creditor, including but not limited to. trustees; mortgage service companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement. City of Miami File ID: 15687 (Revision:) Printed On: 5/20/2024 Notice of lis pendens means the lis pendens as identified and described in F.S. § 48.23, as amended. Occupied means any building or structure used or intended to be used by persons. The term shall be construed as though followed by the words, "or intended, arranged, or designed to be occupied." Operator means any person who has charge, care or control of a building. Owner or Property Owner means any person, legal entity or other party having any ownership interest in real property, including but not limited to, owners identified on the blighted, unsecured or abandoned structures registration form; or a purchaser, devisee, lessee, fiduciary, or holder of an unrecorded deed. This term shall also apply to any person, legal entity or agent responsible for the construction, maintenance or operation of the structure involved, as well any person, legal entity or agent authorized to initiate a foreclosure or collection proceeding against the property, whether or not such proceeding has in fact been initiated. This term shall not apply to the city. Plan means a city approved proposal required to be submitted by the owner to bring a structure into compliance pursuant to all applicable codes. Premises means any occupied or unoccupied building, accessory structure, lot or parcel of land or any part thereof, used or intended to be used for stores, commercial or office buildings, or residential purposes, including multiple -family dwelling, single-family dwelling, two-family dwelling, condominium and cooperative. Property management company means a local property manager, property maintenance company, or similar entity responsible for the maintenance of registrable property. Registrable property means any real property located in the city, whether vacant or occupied by trespassers or persons with no legal authority to be present on the property, that is encumbered by a mortgage in default, for which a notice of lis pendens has been filed and recorded; is subject to an ongoing foreclosure action by the mortgagee or trustee; is subject to an application for a tax deed or pending tax assessor's lien sale; or has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure; and/or any properties transferred under a deed in lieu of foreclosure/sale. The designation of a "default/foreclosure" property as "registrable" shall remain in place until such time as the property is sold to a non -related bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed and any default on the mortgage has been cured. Non -related in this instance shall mean not related by blood or marriage to the seller in terms of natural persons and not affiliated, parent, or subsidiary companies, or a company with related natural persons as officers, directors, or as owners of more than five percent of the stock or other equivalent ownership, in terms of a business entity. Rental dwelling unit means any real property that is provided to an individual or entity for residential purposes upon payment of rent or any other consideration in lieu of rent, regardless of relationship between lessor and lessee. Rental property means property that contains a single-family rental dwelling unit or multi- family rental dwelling units for use by residential tenants including, but not limited to, the following: mobile homes, mobile home spaces, town homes, and condominium unit(s). City of Miami File ID: 15687 (Revision:) Printed On: 5/20/2024 Structure means a structure or building as defined by the Florida Building Code. Unauthorized person(s) means a person or persons who do not have legal authority to be present on the property such as a right of ownership or lease or similar agreement conveying a right of occupancy. Unsafe structure means a structure or building which is potentially hazardous to persons or surrounding structures, including, but not limited to: (1) A structure which has collapsed, is in danger of partial or complete collapse, or unable to support the weight of normally imposed loads; (2) A structure with any exterior parts which are loose or in danger of failing; (3) A structure which is vacant, unguarded and open at doors or windows; (4) A structure with an accumulation of debris or other material therein representing a hazard of combustion; (5) A structure in a condition that creates hazards with respect to means of ingress and egress and fire protection as provided herein for the particular occupancy; (6) A structure or structural parts that are in deterioration; (7) A structure that is partially destroyed; (8) A structure with electrical or mechanical installations or systems creating a hazardous condition contrary to the standards of the Florida Building Code; or (9) A structure that by reasons of use or occupancy, the area, height, type of construction, fire -resistivity, means of ingress and egress, electrical equipment, plumbing, air conditioning or other features regulated by this Code do not comply with this Code for the use and group of occupancy. Unsecured means an unoccupied structure or a structure without a lawful tenant or occupant which is open to entry by unauthorized persons or covered with unapproved materials and that are not in conformity with the nearby structures or materials not in compliance with the Florida Building Code. Vacant means a structure that is empty and unoccupied and is not actively used as a place of residence or business. Actively used shall not include occupancy or use by persons with no legal authority to be present on the property. Sec. 10-63. - Responsibilities of owners of vacant, blighted, unsecured or abandoned structures. No owner shall maintain a blighted, unsecured or abandoned structure. (1) An owner of a blighted, unsecured or abandoned structure shall comply with the requirements of subsections (2) through (6). (2) An owner of a blighted, unsecured or abandoned structure shall secure and maintain all entrances and all other openings of the structure, including but not limited to City of Miami File ID: 15687 (Revision:) Printed On: 5/20/2024 (3) windows and doorways. Such blighted, unsecured or abandoned structure shall be secured as follows: a. All entrances, windows and other openings shall be secured with approved materials, provided that such materials completely seal all entrances, windows and other openings, thereby protecting the interior of the structure from wind, rain, and other naturally occurring elements. Entrances and windows above the ground floor shall be regarded as secure if the entrances and windows are locked and not otherwise open to entry and the windows contain glass that is not cracked or broken or shutters that prevent entry. b. If a violation of this section is discovered by a code enforcement officer, said officer is authorized to issue a notice of violation (NOV) requiring the structure to be secured within the time period enumerated in the NOV. If the structure remains unsecured after the time period enumerated in the notice, the city, at its option, shall present a case based on the violation to the code enforcement board as defined per section 2-811 of the City Code, as amended, which is inclusive of the special master, pursuant to chapter 2, article X of this Code. As part of its case, or at any subsequent properly noticed hearing, the city may present evidence showing that criminal activities or incidents presenting a threat to life and safety are occurring on the property where the unsecured structure is located. If such evidence is presented and the code enforcement board or special master determines that this section has been violated, the owner of the structure at issue may be required to secure all openings with commercial quality, 14-gauge, rust proof metallic coverings. c. Such metallic coverings shall consist of steel sheet metal, excluding aluminum and copper, which allow for ventilation. Said metallic coverings must have an exterior finish that allows for easy graffiti removal, and be designed to prevent removal from the exterior with a crowbar or other prying device. In addition, the metallic coverings must consist of threaded rods or cables attached on the interior of the structure to a steel cross -brace that spans the opening. Failure to comply with the requirements of this section of this article shall subject the owner to code enforcement action, as provided in section 10-66 of this article. All owners of a vacant, blighted, unsecured or abandoned structure shall be responsible for removing unauthorized signs, posters and graffiti from the structure's exterior unless exempted by this article or the city's zoning ordinance. (4) Every owner of a vacant, blighted, unsecured or abandoned structure shall keep the premises free from rodents, insects, vermin, and other wild animals. (5) The roof of every structure shall be well drained of rain water. (6) All materials used to secure blighted, unsecured or abandoned structures shall be painted in a skillful fashion in the same color as its other exterior walls. Sec. 10-64. - Vacant structure registration. (a) Every owner of a commercial or single-family vacant structure, which is not in default as defined in this article, shall register said structure with the city. The registration fees City of Miami File ID: 15687 (Revision:) Printed On: 5/20/2024 for a commercial or single-family structure are set forth in section 10-65. Such registration shall include: (1) A description of the premises including address, legal description, and folio number; (2) The names, addresses, and contact numbers of the owner, or agents, that can be contacted within 24 hours; and (3) Written consent by the owner allowing the city police department to enforce the trespassing penalties described in F.S. § 810.08. (b) Owners of vacant structures located within a multi -family building shall not have to comply with this section if: (1) The multi -family structure has a property manager on the premises; (2) The multi -family structure has a homeowners' association responsible for the management and maintenance of the property; (3) The multi -family structure has security located on or responsible for the property; and (4) The property manager of the multi -family building, at no costs to the property manager, registers the following information with the city: a. A description of the property including address and unit number of all vacant structures within the multi -family building; b. The names, addresses, and contact number of the property manager or agent who can be contacted within 24 hours; c. Written consent by the owner allowing the city police department to enforce the trespassing penalties described in F.S. § 810.08. (c) If any of the requirements of subsections (b)(1)—(4) are not complied with, the individual owner of the vacant structure located within a multi -family building shall register pursuant to subsection 10-65(a). (d) This registration must be done upon any transfer of the property and every October 1st thereafter. Sec. 10-65. - Blighted, unsecured, vacant or abandoned structure registration. (a) After any structure in the city becomes a blighted, unsecured, vacant or abandoned structure which is in default and for which a notice of lis pendens, is filed and recorded, as defined in this article, the owner shall register the property as provided in this section and section 10-66. (b) The registration shall be submitted on designated forms and shall, at a minimum, include the following information supplied by the owner: City of Miami File ID: 15687 (Revision:) Printed On: 5/20/2024 (1) A description of the premises, including address, legal description and folio number; (2) The names, addresses and contact numbers of the owner, or agents, that can be contacted within 24 hours; (3) The names, addresses and contact numbers of all known lien holders and all other parties with an ownership interest in the structure; (4) A plan and timeline for bringing the structure into compliance; and (5) Written consent by the owner allowing the city police department to enforce the trespassing penalties described in F.S. § 810.08. (c) The owner shall comply with all applicable laws and codes and close all outstanding City Code violations, unless waived by the appropriate department or agency. (d) The owner shall submit a plan and timeline, as described in subsection (b)(4) to be approved by the enforcement officer. The enforcement officer shall require completion of the plan within a reasonable time, not to exceed ninety (90) days. Any repairs, improvements or alterations to structures must comply with any applicable housing and/or building codes. (e) The owner shall notify the enforcement officer of any changes to the information supplied on the registration immediately. All plan and timeline revisions and extensions must be approved by the enforcement officer or the city manager's designee. (f) The owner of a blighted, unsecured, vacant or abandoned structure shall pay a registration fee: (1) The owner of a blighted, unsecured, vacant or abandoned structure shall initially register the property with the city and pay an annual registration fee. The schedule is as follows: a. $262.50 for the first year. b. $394.00 for the second year. c. $525.00 for the third and each subsequent consecutive year the building remains a blighted, unsecured, vacant or abandoned structure. d. If the property Structure is three (3) stories or higher, a nonrefundable annual fee of $0.30 per square foot of the structure shall be paid. (2) The fee for the first year of registration shall be due and payable, in full, 30 days after the structure is registered as a blighted, unsecured, vacant, or abandoned structure. If the fee is not paid within 30 days of being due, the owner shall be subject to prosecution as prescribed in section 10-66. In addition, interest at the statutory rate per annum shall accrue on fees which are not timely paid. (3) The registration fee shall be paid in full prior to the issuance of any permits to repair or rehabilitate with the exception of a demolition permit. City of M (g) (4) All delinquent registration fees, including interest, shall be paid by the owner prior to any transfer of ownership interest. If the fees are not paid prior to transfer, the new owner shall be responsible for all outstanding fees no later than 30 days after the transfer of ownership and subsequent registration fees shall be due and payable in accordance with this article. (5) The registration fee is reasonably related to the administrative costs for processing the registrations and monitoring of the blighted, unsecured, vacant, or abandoned structures. Increasing fees reflect the growing costs of identifying, regulating, monitoring and policing of deteriorating structures. In registering property as blighted, unsecured, vacant, or abandoned, the form will indicate that submission grants the city's police department the authority to issue trespass warnings to individuals who cannot demonstrate written authorization to be on the property. The mortgagee or owner can opt out of or revoke the department's authority to issue a trespass warning by notifying the police department on the registration form or in writing directed to the chief of police. The enforcement officer shall keep a file for all registered blighted, unsecured or abandoned structures, which shall include any information from interested parties or citizens regarding the history, problems, status or blighting influence of such structure. Sec. 10-66. - Defaulted mortgage real property registration. (a) Any mortgagee who holds a mortgage on real property located within the city shall perform an inspection of the property to determine vacancy or occupancy, upon default by the mortgagor for which a notice of lis pendens has been filed and recorded. The mortgagee shall, within ten days of the inspection, register the property with the city, or its designee, on forms or other manner as directed, and indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is found to be vacant or occupied. (b) Registration pursuant to this section shall contain the name, direct mailing address, direct contact name, telephone number, and e-mail address for the mortgagee/trustee, the servicer, and the name and 24-hour contact phone number of the local property management company responsible for the security and maintenance of the property, who has the authority to make decisions concerning the abatement of nuisance conditions at the property as well as any expenditure in connection therewith. (c) Mortgagees who have existing registrable property on the effective date of this section have 30 calendar days from the effective date to register the property with the city, or its designee, on forms or other manner as directed, and indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is vacant or occupied. (d) If the mortgage on a registrable property is sold or transferred, the new mortgagee is subject to all the terms of this article and within five days of the transfer, must register the property and pay a registration fee in accordance with this article. Any previous unpaid annual registration fees are the responsibility of the new mortgagee or trustee and are due and payable with the initial registration. (e) If the mortgagee owner of a foreclosed real property sells or transfers the property to a non-arm's length related person or entity, the transferee is subject to all the terms of this article and within five days of the transfer, must register the property and pay a City of Miami File ID: 15687 (Revision:) Printed On: 5/20/2024 (f) registration fee in accordance with this article. Any previous unpaid annual registration fees are the responsibility of the new registrable property owner and are due and payable with their initial registration. As long as the property is registrable, it shall be inspected by the mortgagee, or designee, on a monthly basis. If an inspection shows a change in the property's occupancy status, the mortgagee shall, within ten days of that inspection, update the occupancy status of the property registration. (g) A non-refundable annual registration fee as established in this article, as amended, and as applicable, shall accompany each registration pursuant to this section. (h) All registration fees must be paid directly from the mortgagee, trustee, servicer, or owner. Third party registration fees are not allowed without the written consent of the city manager and/or the city manager's authorized designee. (i) (i) Properties subject to this section shall remain under the annual registration requirement, and the inspection, security and maintenance standards of this section as long as they are registrable. Until the mortgage or lien on the property in question is satisfied, or legally discharged, the desire to no longer pursue foreclosure, the filing of a dismissal of lis pendens and/or final judgment and/or certificate of title, voluntary or otherwise, does not exempt any mortgagee holding the defaulted mortgage, from all the requirements of this article as long as the borrower is in default. (k) Any person or legal entity that has registered a property under this section must report any change of information contained in the registration within ten days of the change. (I) Failure of the mortgagee to properly register or to modify the registration form from time to time to reflect a change of circumstances as required by this article is a violation of the article and shall be subject to enforcement and any resulting monetary penalties. (m) Pursuant to any administrative or judicial finding and determination that any property is in violation of this article, the city may take the necessary action to ensure compliance with and, thereafter place, a lien on the property for the cost of the work performed to benefit the property and bring it into compliance. (n) Properties subject to these sections shall be maintained in a secure manner so as not to be accessible to unauthorized persons. A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure. Broken windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure must be repaired. Broken windows shall be secured by re -glazing of the window. All such costs shall be borne by the owner(s). If the city or its agents decide to undertake repairs, the costs shall be subject to administrative costs, fines and liens as provided in chapter 2, article 10 of the City Code. (o) If a property is registrable, and the property has become vacant or blighted, a local property manager shall be designated by the mortgagee or owner to perform the work necessary to bring the property into compliance with the applicable code(s), and the City of Miami File ID: 15687 (Revision:) Printed On: 5/20/2024 (p) local property manager must perform regular inspections to verify compliance with the requirements of this article, and any other applicable laws. All registrable property is hereby declared to be a public nuisance, the abatement of which, pursuant to the police power, is hereby declared to be necessary for the health, welfare and safety of the residents of the city. (q) Any property structure that qualifies under this Article for registry is required to keep posted as sign, no less than eight inches by ten inches which expressly provides the following information: THIS PROPERTY IS MANAGED BY: (Name of property management company) TO REPORT PROBLEMS OR CONCERNS CALL: (Telephone number of property management company) The posting is required to be in English, Spanish and Creole and placed in a visible area, preferable an interior window, or secured to an exterior wall at the Structure main entrance. The Local Property Manager shall be required to inspect weekly to ensure the sign remains intact and legible. Exterior posting shall be constructed of and printed with weather -resistant materials. Sec. 10-67. - Enforcement. Failure to comply with the requirements of this article shall subject the owner to code enforcement action, pursuant to F.S. ch. 162, as well as chapter 2, article X of the City Code, and specifically section 2-814. If the owner fails to comply with the requirements of this article, the city may, pursuant to F.S. ch. 170, secure or cause to be secured and make all reasonable repairs to such blighted, unsecured or abandoned structures, which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this article. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. If the work is done or caused to be done by the city, the enforcement officer shall keep an itemized accounting of expenses of the work done and the cost thereof and notify the owner of said expenses. If the statement is not paid within ten days after the owner is notified, interest shall begin to accrue annually at the statutory rate until paid in full. Under the lawful authority granted to municipalities pursuant to F.S. chs. 170 and 166, the city hereby authorizes the levy and collection of special assessments to fund the costs of any work done by the city to enforce compliance with the requirements of this article. Costs resulting from any work undertaken by the city pursuant to this section shall be levied as a special assessment lien against the real property where the violation existed. Said special assessment lien, until fully paid and released, shall remain a lien equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Interest upon such special assessment liens shall accrue pursuant to F.S. § 170.09, as amended. Special assessment liens shall be enforced by any method authorized by law to enforce payment thereof with all accrued interest and costs, including legal costs, or may be subject to City of Miami File ID: 15687 (Revision:) Printed On: 5/20/2024 foreclosure, pursuant to F.S. ch. 173, as amended. The property owner shall pay all costs of collection, including reasonable attorney's fees, incurred by the collection of fees, service charges, penalties and liens imposed by virtue of this section. Additionally, the city may elect to utilize the uniform method for the levy, collection and enforcement of this non -ad valorem assessment pursuant to F.S. § 197.3632, as amended. Sec. 10-68. - Exemptions. This article shall not apply to any structures protected by federal, state, or local law or any structures owned by the federal government, state government, Miami -Dade County, or the city. Sec. 10-69. Penalties. RESERVED. 82/1 and 2 829. Alternative procedures. Nothing in this article shall be deemed to preempt existing remedies of the city authorized under existing law. Sec. 10 69.5. Alternative procedures. Nothing in this article shall be deemed to preempt existing remedies of the city authorized under existing law. *„ 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 immediately after its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: rge Wyy,ng II[, C ty ttor -y 4/30/2024 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: 15687 (Revision:) Printed On: 5/20/2024