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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-01075 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MIAMI-DADE COUNTY ("COUNTY")BOARD OF COUNTY COMMISSIONERS, THE COUNTY BUILDING CODE COMPLIANCE OFFICE AND THE BUILDING OFFICIAL TO TAKE ALL NECESSARY STEPS TO AMEND THE COUNTY CODE, CHAPTER 8, SECTION 8-10 (PERMITS), TO ENHANCE EXISTING REQUIREMENTS UNDER "CONDITIONS OF PERMITS," SPECIFICALLY, THE "JOB ABANDONMENT" DEFINITION, BY ADDING LANGUAGE LIMITING THE TIME THAT AN EXTENSION OR COMPLETION PERMIT MAY BE GRANTED TO AN ORIGINAL BUILDING PERMIT FOR A NEW SINGLE FAMILY RESIDENCE OR DUPLEX STRUCTURE TO A MAXIMUM OF FOUR (4) YEARS; PROVIDING THAT AFTER SUCH TIME, SHOULD THE PERMIT BECOME EXPIRED AND AN EXTENSION TO OR COMPLETION PERMIT BE REQUESTED, PERMIT HOLDER/APPLICANT MUST SUBMIT A FULL SET OF PLANS, SAID PERMIT MUST COME INTO FULL COMPLIANCE WITH ALL APPLICABLE CODES AT THE TIME OF REQUEST, AND PLANS WILL MITIGATE ALL REQUIRED CHANGES TO COMPLY WITH CURRENT APPLICABLE LAWS AND ORDINANCES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF SAID RESOLUTION TO THE OFFICIALS AS SPECIFIED HEREIN. WHEREAS, existing regulations under the Miami -Dade County ("County") Code set forth "Conditions of Permits" and define "Job Abandonment;" and WHEREAS, presently permits issued become invalid unless the work authorized under such permit is commenced within 180 days after issue, or, if the work authorized is suspended or abandoned for 180 days after the work is commenced; and WHEREAS, currently extensions and or completion permits may be granted without limits/conditions; and WHEREAS, to protect quality of life for the abutting neighborhood/residents, the City Commission wishes to impose a period of substantial completion of such construction under original existing codes not to exceed a maximum of four (4) years, and this provision shall not be applicable during federally declared natural disasters, civil commotion or strike when the building work is halted due to judicial injunction, order or similar process; and WHEREAS, to protect neighbors' quality of life from the negative effects of indefinitely ongoing abandoned/idle construction sites, the City Commission wishes to add a requirement that, where a permit has expired after exceeding the four (4) year maximum, a brand new permit, in compliance with all applicable codes, taws and ordinances in existence at time of request, shall be required to complete the construction; NOW, THEREFORE , BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Page I of 2 Printed On: 8/27/2007 File Number: 07-01075 FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami City Commission urges the County Board of County Commissioners, the County Building Code Compliance Office and the Building Official to take all necessary steps to amend County Code, Chapter 8, Section 8-10 (Permits), to enhance existing requirements under "Conditions of Permits," specifically, the "Job Abandonment" definition, by adding language limiting the time that an extension or completion permit may be granted to an original building permit for a new Single Family Residence or Duplex structure to a maximum of four (4) years. Section 3. After such time, should the permit become expired and an extension to or completion permit be requested, permit holder/applicant must submit a full set of plans, said permit must come into full compliance with all applicable codes at the time of request, and plans will mitigate all required changes to comply with current applicable law and ordinances . Section 4. The City Clerk is directed to transmit a copy of this Resolution to the following County Officials: The Honorable Mayor Carlos Alvarez,,the Honorable Members of the Board of County Commissioners, County Manager George Burgess and Herminio Gonzales, P.E., Director of the County Building Code Compliance Office. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Printed On: 8/27/2007