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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: I 1-01 020 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS", MORE PARTICULARLY BY CREATING ARTICLE 6, ENTITLED "UNSAFE STRUCTURES", IN ORDER TO ADDRESS THE DEMOLITION OF EXISTING UNSAFE STRUCTURES WITHIN THE CITY OF MIAMI; PROVIDING FOR DEFINITIONS AND METHODS FOR THE DEMOLITION OF UNSAFE STRUCTURES; ESTABLISHING AN UNSAFE STRUCTURES PANEL OR SPECIAL MASTER HEARING PROCESS; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Chapter 8 of the Code of Miami -Dade County, Florida, allows municipalities to control demolitions within their jurisdiction; and WHEREAS, Miami -Dade County has requested that municipalities create their own unsafe structures panels; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the health, safety and general welfare of the City of Miami and its citizens to amend the Code of the City of Miami, Florida, as amended (the "City Code"), as hereinafter set forth; 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. Section 2. Chapter 10 of the City Code, entitled "Buildings", is amended in the following particulars:{1 } "CHAPTER 10 BUILDINGS ARTICLE VI. UNSAFE STRUCTURES Sec. xxx. Unsafe Structures Panel. (a) General. City of Miami Page 1 of 14 File Id: 11-01020 (Version: 1) Printed On: 11/7/2011 File Number. 11-01020 (1) Unsafe Structures Panels shall hear unsafe structures cases, and appeals of decisions, of the City of Miami Building Official 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 of Miami's historic preservation ordinance as found in Chapter 23 of the City Code, unless there is an immediate threat of danger, as determined by the Building Official. (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, an Unsafe Structures Panel, or Special Master, 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, the Unsafe Structures Panel, or a Special Master, 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 Section 8-11(f) of the 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 will be demolished. (b) Physical criteria. (1) A building shall be deemed a fire hazard and/or unsafe when any of the following criteria are met: (i) It is vacant, unguarded and open at doors or windows. (ii) There is an accumulation of debris or other material therein representing a hazard of combustion. (iii) The building condition creates hazards with respect to means of egress and fire protection as City of Miami Page 2 of 14 File Id: 11-01020 (Version: 1) Printed On: 11/7/2011 File Number: 11-01020 provided herein for the particular Occupancy. (iv) 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: (i) There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material. (ii) There is a deterioration of the structure or structural parts. (iii) The building is partially destroyed. (iv) 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. (v) The electrical or mechanical installations or systems create a hazardous condition contrary to the standards of the Building Code. (vi) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems. (vii) 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. (3) A building, or part thereof, shall be presumed to be unsafe if: (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 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. (ii) 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. (iii) The building or structure is vacant and abandoned, and covered at doors or windows with materials not previously approved by the Building Official, or for a period exceeding the maximum limitations set forth in this Article. (iv) 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. (v) 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, an Unsafe Structures Panel or the Unsafe Structures Panel for such repairs. City of Miami Page 3 of 14 File Id: 11-01020 (Version: 1) Printed On: 11/7/2011 File Number: 11-01020 (4) Grow houses. (a) A building or structure that has been identified by any law enforcement officer as being used to grow or manufacture controlled substances as defined by Chapter 893 of the Florida Statutes or any drugs, as defined in Chapter 499 of the Florida Statutes (a "Grow House") shall be presumed to be unsafe if any one of the following criteria has been satisfied: (i) There is an open and obvious modification or addition to any of the structure's electrical wiring or electrical components, or there exists any exposed wires or exposed electrical components; or (ii) There is an open and obvious modification or addition to any of the structure's plumbing, and/or any discharge of water or other effluent that is not into an ordinarily available drain; or (iii) The structure's interior walls have been destroyed, moved, or modified in any way. This may be evidenced by marks on the ceiling and/or floor that are indicative of a wall having been moved or removed, holes or passages in a wall that are not ordinary, and may be unfinished in appearance. This list shall not be considered exhaustive such that any other evidence of walls being destroyed, moved or modified shall be proper; or (iv) Any exterior window has been modified or covered in such a way, so as to inhibit or reduce egress • or which inhibits or prevents normal use for ventilation purposes; this shall not include curtains and other ordinary window coverings; or (v) Any of the structure's exterior or interior doors have been modified or covered in such a way to prevent or inhibit ingress or egress. (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 notice shall read substantially as follows: 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. DATE (insert date posted). (2) Entry to any structure posted with such a notice shall be prohibited except by an Order issued by a Court of competent jurisdiction, until such time as all necessary inspections listed in (4)(i) have been completed. (3) Within twenty-four (24) hours of the notice being posted by the Building Official, the Miami Police Department shall notify the Building Department of any trespass violations. 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 will conduct an inspection of the structure and issue a Notice of Violation within five (5) business days. (4) All structures that meet any of the criteria from Section (c)(1) and have been posted with the City of Miami Page 4 of 14 File Id: 11-01020 (Version: 1) Printed On: 11/7/2011 File Number: 11-01020 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: (i) An electrical inspection; (ii) A plumbing inspection; (iii) An inspection by a certified mold inspector: and (iv) 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 pursuant to this section shall be occupied until the results from the required inspections have been reviewed, and all permits have been obtained to bring the structure back into compliance with the Building Code. 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 fifty (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 fifty (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 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 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 Unsafe Structures Panel or Special Master 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 City of Miami Page 5 of 14 File Id: 11-01020 (Version: 1) Printed On: 11/7/2011 File Number: 11-01020 and removed from the premises. (e) Inspection of unsafe buildings and structures. The Building Official, on his 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 shall proceed in the manner set forth in this Article. (f) Emergency action. When in the opinion of the Building Official, 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 demolish, vacate, temporarily close for use or occupancy the rights -of -way thereto, sidewalks, streets or adjacent buildings or nearby area and institute other such temporary safeguards, including securing the building or structure or any demolition or partial demolition, 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 Article shall be suspended as reasonably necessary in the opinion of the Building Official to redress the emergency situation. Costs incurred in the performance of such emergency work shall be paid by the appropriate owner of the property and upon the recording in the public records of this county a certificate executed by the Building Official, certifying the amount so expended, the same shall become a special assessment lien against the property involved. (q) 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 shall prepare a notice of violation. The notice shall state in summary form the nature of the defects which constitute a violation of this Article and shall order the structure to be demolished within such time as is reasonable, subject to extension when requested in writing within the reasonable discretion of the Building Official. The notice shall state that the specific details concerning the violations can be obtained in writing from the Building Official upon request. In addition, the notice will explain the right of appeal of the decision of the Building Official to the Unsafe Structures Panel, in its appellate capacity or to a Special Master, and advise that unless the decision is appealed, the building or structure shall be demolished without further notice. (3) The notice of violation shall be affixed to the structure concerned. The Building Official shall also affix to the structure notice of the hearing of the Unsafe Structures Panel or Special Master 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 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 thirty (30) days following the date of posting of the notice of hearing and notice of violation. (4) The Building Official 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 substantially as follows: "UNSAFE BUILDING". This building or structure is, in the opinion of the Building Official, unsafe. "THIS BUILDING SHALL BE VACATED -SHALL NOT BE OCCUPIED." Action shall be taken by the owner as prescribed by written notice. "THIS NOTICE SHALL NOT BE REMOVED EXCEPT BY THE BUILDING OFFICIAL. DATE (insert date posted)." City of Miami Page 6 of 14 File Id: 11-01020 (Version: I) Printed On: 11/7/2011 File Number 11-01020 (5) Within ten (10) working days of posting the notice of violation and notice of hearing, the Building Official shall send written notice of violation and notice of hearing to 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 Section 197.344 of the Florida Statutes, 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 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. 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 shall file proof of the same upon payment for fees incurred. (7) The Building Official shall publish a notice in a newspaper of general circulation once a week for two (2) consecutive weeks. 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 found to be in violation 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. (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 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, an Unsafe Structures Panel or a Special Master 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 shall prepare a notice of violation. This written notice shall state in summary form the 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, in such time not to exceed ten (10) days to secure an open structure to the reasonable satisfaction of the Building Official, ninety (90) days to obtain permits to repair the structure, and one hundred and twenty (120) days to bring it into compliance with the Building Code. This notice shall also state that the specific details City of Miami Page 7 of 14 File Id: 11-01020 (Version: 1) Printed On: 11/7/2011 File Number: 11-01020 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 to the Unsafe Structures Panel, in its appellate capacity, or Special Master and also advise that unless there is compliance with the directions of the Building Official, a case will be commenced before the Unsafe Structures Panel or Special Master 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 (10) working days of posting the notice of violation, the Building Official shall send the written notice of violation to the owner and any interested party, 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 no application for extension is made in the manner set forth in this Section, the Building Official may schedule the case for hearing before the Unsafe Structures Panel or Special Master to secure an order for demolition of the building or structure or to obtain any other appropriate remedy. (6) In the event that the Building Official requests that the Director of the Building Department or his 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 Secretary to the Board or Director of the Building Department or his 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. (7) Upon expiration of the period of appeal provided in the Notice of Violation, if the property has not been secured or permits for repair obtained in the manner stipulated in the notice, the Building Official may file an appropriate instrument in the public records in the manner provided in subsection g. above. (8) The periods set forth in the Notice of Violation for bringing the structure into compliance with the Building Code may be extended by the Building Official for one or more additional periods which in the aggregate do not exceed an additional 180 days, provided all of the conditions of this Subsection are met. Application for the extension must be made in writing by the interested party to the Building Official prior to the expiration of the period allowed for compliance, and shall set forth to the reasonable satisfaction of the Building Official that the extension is warranted by one or more of the ,following circumstances: (i) The interested party has a demonstrated financial hardship that will prevent the interested party from completing a building or structure; (ii) The interested party has filed a completed zoning hearing application which affects the final completion of the building or structure and which zoning hearing request has not received final approval or rejection from the city or applicable governmental agency, including any or all appeals to Court, for circumstances outside of the control for the interested party; (iii) The building or structure is a multiple dwelling structure as defined in the Building Code and demolition of any unit comprising that !structure compromises the structural integrity of the entire multi -unit structure, where the completion of the structure is outside of the control of the interested City of Miana Page 8 of 14 File Id: 11-01020 (Version: 1) Printed On: 11/7/2011 File Number. 11-01020 party; (iv) The building or structure is the subject of pending litigation that renders it impossible for the building or structure to be completed; (v) The building or structure is the subject of a good faith insurance claim, the proceeds of which are intended to be utilized for repair and completion; (vi) The building or structure is the subject of a pendinq sale to be closed within a reasonable time from the date the extension is requested, where the buyer has executed a written commitment to the Building Official to complete the structure within the applicable extension period. The written application for extension shall further represent to the Building Official that the building or structure is and has at all times been in full compliance with all of the conditions set forth in this Subsection. (9) Upon receipt of the written application, the Building Official shall be authorized to extend the date of full completion and compliance with the Building Code provided: (i) The completed written application demonstrates to the reasonable satisfaction of the Building Official that one or more of the conditions set.forth above exist with respect to the building or structure; • (ii) •The building or structure is not open, vacant or abandoned, having been secured at doors and windows in a manner acceptable to the Building Official; and (iii) The interested party has paid all reasonable costs of enforcement. (10) Any interested party may appeal to the Unsafe Structures Panel or Special Master a decision to grant or deny the extension. Such appeal must be filed within thirty (30) days of the date of mailing of the Building Official's written notice of his or her decision with respect to the application for extension. (i) Public hearing. (1) On the day established in the notice of public hearing the Unsafe Structures Panel or Special Master shall review all pertinent evidence and hear all testimony from the 'Building Official, the owner and other parties in interest and their respective witnesses. (2) The Unsafe Structures Panel or Special Master may order repair, securing, and/or demolition of the structure upon application of the standards set forth in this Article. The Unsafe Structures Panel or Special Master may modify, rescind, or uphold the decision of the Building Official as recited in the Notice of Violation. Unsafe Structures Panel or Special Master shall modify or rescinda 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 or Special Master 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 registered or certified 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 or Special Master within the time stipulated therein and such order is to repair, complete or secure the City of Miami Page 9 of 14 File Id: 11-01020 (Version: 1) Printed On: 11/7/2011 File Number. 11-01020 building to make safe, then the Building Official shall cause such building to be vacated, if occupied; and shall through his employees or through a contractor enforce the order of the Unsafe Structures Panel, Special Master 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. (5) If the order of the Unsafe Structures Panel or Special Master 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 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. (j) Multi -Unit Structures. (1) This Subsection shall be applicable to all multi -unit structures. As used in this Subsection, the term multi -unit structures means all townhouses and other structures which contain units divided by one or more common walls, where the structural integrity of any component unit depends upon the structural integrity of one or more other units in the same structure. In the event that the owner or other interested party fails to comply with any order of the Unsafe Structures Panel or Special Master in connection with any multi -unit structure, then in addition to any other right or remedy contained in this Section, the City shall be authorized, but not required, to secure the structure in the manner set forth in this Subsection. In addition, and not iderogationof the use of other methods contemplated bythis Section for enforcing the Building Code with respect to any structure, multi -unit structures may be secured by performing whatever work the Building Official may determine is reasonably necessary to preserve the structural integrity, water -tightness, or safety of adjacent units or the surrounding community, which work may include, but not be limited to roofing, windows, and electrical. (2) The procedures for enforcement of this Code set forth above shall be in addition to, and not in derogation of, other procedures available to the Building Official pursuant to the Building Code. The provisions of this subsection are not intended to exonerate any owner or other interested party from compliance with the Building Code or any order of or an Unsafe Structures Panel or Special Master. (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 shall file among his 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 responsible for the unsafe structure at issue and filed among his 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. City of Miami Page 10 of 14 File Id: 11-01020 (Version: 1) Printed On: 11/7/2011 File Number: 11-01020 (7) 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 rate of twelve (12) percent per annum, 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. (8) 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) Unsafe Structure Panels or Special Masters. Unsafe Structures Panels or Special Masters are hereby created to conduct hearings as provided for under this Section. (1) Composition: Unsafe Structures Panels shall consist of three members of the City's electorate or a Special Master, appointed by the City Manager or designee and ratified by the City Commission, after a proper advertising of the open positions in a newspaper of general circulation for at least five (5) days. 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) Designation: At the request of the Director of the Building Department, the City Clerk shall designate three (3) members of the electorate or a Special Master to constitute one or more Unsafe Structures Panels to conduct hearings on the dates scheduled by the Director of the Building Department or his designee. At least one of the members on each panel shall have knowledge of construction gained from experience as an architect, engineer, general contractor or lawyer. The Director of the Building Department shall not have any input into which members are designated to comprise a particular panel. The Special Master shall be a lawyer in good standing of the Florida Bar for at least five (5) years. (3) Organization of the Unsafe Structures Panels or Special Masters: (i) The Director of the Building Department may utilize one or more Unsafe Structures Panels or Special Masters as needed to conduct hearings. Special Masters and Unsafe Structures Panels shall be considered equal. (ii) Quorum: Three (3) Unsafe Structures Panel members or one (1) Special Master must be present to conduct a hearing or take any action. (iii) A majority vote of Unsafe Structures Panel members present and voting shall be sufficient to overrule, modify or affirm any action or decision of the Building Official or to take any action within the scope of the powers and duties of the Panel. (iv) Only Special Masters shall be compensated pursuant to the City's per diem costs for Special Masters. (v) No member of a Unsafe Structures Panel shall sit as a voting member in any hearing on a matter in which he has a personal or financial interest. (vi) The Director of the City of Miami Building Department, or his designee, shall assist the Unsafe Structures Panels, but shall have no vote. (vii) The Director of the City of Miami Building Department or his designee may call and schedule Unsafe Structures hearings. City of Miami Page 11 of 14 File Id: 11-01020 (Version: 1) Printed On: 11/7/2011 File Number: 11-01020 (viii) Audio record shall be kept of all Unsafe Structures hearings and all hearings shall be public. (ix) All hearings shall be open to the public, and any person whose interest may be affected by the matter -on appeal shall be given an opportunity to be heard in person, or through his attorney. (x) Witnesses may be sworn and subpoenaed by the Unsafe Structures Panels or Special Masters in a like manner as they are subpoenaed by the court or courts in Miami -Dade County. (xi) The hearings shall be informal and need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. (xii) Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it -would be admissible over objection in civil actions. (xiii) The rules of privilege shall be effective to the same extent that they are now, or hereafter may be, recognized in civil actions; and irrelevant and unduly repetitious evidence shall be excluded. (xiv) The Director of the City of Miami Building Department shall provide adequate and competent clerical and administrative personnel and such technical or scientific personnel as may be reasonably required by the Unsafe Structures Panels for the proper performance of their duties, subject to budget limitations. The Director of the City of Miami Building Department shall maintain a record of all proceedings, including but not limited to a court reporter's transcript of the proceeding, and may clarify the same as a true copy and make a reasonable charge therefor; provided, the court reporter shall certify the copy of his or her transcript. (xv) The Director of the City of Miami Building Department shall provide a regular meeting place for the Panels. (4) Duties and Powers of the Unsafe Structures Panels and Special Masters: The Unsafe Structures Panels and Special Masters shall have the following duties, functions, powers and responsibilities: (i) Hear and determine appeals from actions and decisions of the Building Official pursuant to the provisions of this Section. (ii) Hear and review the application of the Building Official for the review of his or her action where his or her decision as indicated in a Notice of Violations has not been complied with. (iii) Affirm, modify or reverse the decision of the Building Official upon appeal or on application for review. . (iv) In the event of judicial review of an Unsafe Structure Panel or Special Master order, the Director of the City of Miami Building Department or his designee shall transmit the records with all exhibits, instruments, papers and transcripts of its proceedings to the reviewing authority if so requested. (5) Duties of the City Attorney: It shall be the duty of the City Attorney, when so requested, to appear at all hearings 'before the Unsafe Structures Panels or Special Masters and to represent and advise the Unsafe Structures Panels and Special Masters. City of Miami Page 12 of 14 File Id: 11-01020 (Version: I) Printed On: 11/7/2011 File Number. 11-01020 (n) Requests for Extensions of Time. Any owner or authorized representative may seek an extension of the timeframes set forth in an Order of the Unsafe Structures Panels or Special Masters. Such request for a hearing to seek such extension must be in writing, directed to the Unsafe Structures Panels or Special Masters. The Unsafe Structures Panels or Special Masters shall not be authorized to extend any deadline for compliance, set forth in the order, unless the Secretary of the Unsafe Structures Panels or Special Masters receives the written request for extension prior to the deadline specified in the initial order. For example, in the event the Unsafe Structures Panel or Special Master 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. In no event may the Unsafe Structures Panels or Special Masters qrant more than one extension of time for each initial order. To obtain an extension, the owner or applicant must demonstrate to the reasonable satisfaction of the Unsafe Structures Panel or Special Master 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 applicant must submit in writing, together with the petition for an extension, a written timetable for compliance with the substantive provisions of the Order and for completion of all necessary repairs. The Unsafe Structures Panel or Special Master 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. (o) Judicial Review. Any owner or authorized representative aggrieved by a decision of the Unsafe Structures Panel or Special Master 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 or Special Master 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 thirty (30) days of rendition of the order. (p) 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 the City Code. All other definitions shall be defined as stated in Chapter 10 of the City Code or Chapter 8 of the Miami -Dade County Code *11 Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} City of Miami Page 13 of 14 File Id: 11-01020 (Version: 1) Printed On: 11/7/2011 File Number: 11-01020 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. Asterisks indicate omitted and unchanged material. {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. Ciry of Miami Page 14 of 14 File Id: 11-01020 (Version: 1) Printed On: 11/7/2011