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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-01170 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES," MORE PARTICULARLY BY ADDING NEW SECTIONS 10-66 AND 10-67, ENTITLED "CREATION OF REGISTRY FOR DISTRESSED PROPERTIES" AND "REGISTRATION OF DISTRESSED PROPERTY," RESPECTIVELY, CREATING AND IMPLEMENTING A PROCESS FOR THE REGISTRATION OF DISTRESSED PROPERTIES; ADDING DEFINITIONS FOR PURPOSES OF ESTABLISHING THE REGISTRATION PROCESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, there is currently no procedure set forth by Article IV, Chapter 10 of the Code of the City of Miami, Florida, as amended ("City Code"), requiring the registration of distressed properties; and WHEREAS, this proposed ordinance creates a procedure for the registration of properties which are undergoing foreclosure; 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/Article IV of the City Code, is amended in the following particulars: {1} "CHAPTER 10 BUILDINGS ARTICLE IV. REGISTRATION OF DISTRESSED, VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES City of Miami Page 1 of 11 File Id: 12-01170 (Version: 3) Printed On: 8/26/2024 File Number: 12-01170 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. (6) Establishing a process to address the deterioration and blight within City neighborhoods caused by distressed properties. 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 or building code violations, or may be illegally occupied and is: (1) Unsecured; (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 a period of time over 30 days, beginning from the date of city inspection and during which time the enforcement officer has issued an order to correct violations, abate a nuisance, or remove an attractive nuisance; (5) Vacant for a period of time over 30 days 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 for at least 90 days, and vacant for at least 90 days. Approved materials means all city approved materials used to secure a structure. City of Miami Page 2 of 11 File Id: 12-01170 (Version: 3) Printed On: 8/26/2024 File Number: 12-01170 Blighted property structures 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 minimum health and safety standards, and lacks maintenance as defined by the Florida Building Code; or (5) 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 code 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. Distressed property means any real property located in the city, whether occupied or not, which is: (1) Subject to a foreclosure action by a lender holding a mortgage on the property and a final judgment of foreclosure has been issued in favor of the lender; (2) The subject of a foreclosure sale where title has been retained by the lender; (3) Transferred to the lender under a deed in lieu of foreclosure. The designation of a property as "distressed" shall remain in place until the property is sold or transferred to a new owner who is not a lender and the property is occupied. Enforcement officer means code enforcement inspector, building inspector, or manager's designee. Legal agent means an employee or designee of a lender designated by the lender for purposes of receiving legal notices relating to real property. Lender means the owner and holder of a note and mortgage or other similar instrument that secures a debt upon the property and the servicer of said note and mortgage as well as the assignee of any rights or ownership acquired by the lender in a foreclosure action or by any other means. Maintenance agent means an employee or designee of a lender designated by the lender for City of Miami Page 3 of 11 File Id: 12-01170 (Version: 3) Printed On: 8/26/2024 File Number: 12-01170 purposes of maintaining the physical condition of real 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. Structure means a structure or building as defined by the Florida Building Code. 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 falling; (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 unoccupied and is not actively used as a place of residence or business. City of Miami Page 4 of 11 File Id: 12-01170 (Version: 3) Printed On: 8/26/2024 File Number: 12-01170 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 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 shall present a case based on the violation to the code enforcement board 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 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. d. 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. (3) 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 workmanlike fashion in the same color as its other exterior walls. City of Miami Page 5 of 11 File Id: 12-01170 (Version: 3) Printed On: 8/26/2024 File Number: 12-01170 Sec. 10-64. Vacant structure registration. (a) Every owner of a commercial or single-family vacant structure shall, at no cost to the owner, register said structure with the city. 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 or abandoned structure registration. (a) After any structure in the city becomes a blighted, unsecured or abandoned structure, as defined in this article, within 48 hours, the owner shall register the property with the enforcement officer. (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 Page 6 of 11 File Id: 12-01170 (Version: 3) Printed On: 8/26/2024 File Number: 12-01170 (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) Unless a structure has been registered as a vacant structure pursuant to this section, the owner of a blighted, unsecured or abandoned structure shall pay a registration fee: (1) The owner of a blighted, unsecured 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 or abandoned structure. (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 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. (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. (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. City of Miami Page 7 of 11 File Id: 12-01170 (Version: 3) Printed On: 8/26/2024 File Number: 12-01170 (5) The registration fee is reasonably related to the administrative costs for processing the registrations and monitoring of the blighted, unsecured, or abandoned structures. Increasing fees reflect growing costs of identifying, regulating, monitoring and policing of deteriorating structures. (g) 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. Section 10-66. Creation of registry for distressed properties. The city shall establish a registry cataloging each distressed property within the city, containing the information required by section 10-67 of this article. f) The city shall use the information collected in the registry to establish a schedule for the monitoring of distressed properties located within the city. Section 10-67. Registration of distressed property. f) Distressed property, as defined by section 10-62, must be registered in accordance with this section. (1) Upon the issuance of a final judgment in a suit to foreclose the property, the lender shall perform an inspection of the property that is the security for the note and mortgage. Within ten (10) days of the inspection, the lender shall register the property with the city. The lender shall indicate whether the property is occupied or unoccupied and provide evidence thereof. (2) If the property is unoccupied or shows evidence of same, it shall be inspected by the lender monthly until the property becomes occupied. The lender shall, within ten (10) days of the inspection, update the registration to indicate whether the property remains unoccupied and provide evidence thereof, and the date of the last inspection. (b) Registration pursuant to this section shall contain the property owner's name, the address of the property, the Miami -Dade County Property Appraiser's folio number for the property, the lender's name, the name of any legal agent and maintenance agent of the lender, the lender's loan number and the name, address, telephone number, facsimile number, and email address for the lender's legal agent and maintenance agent. The registration shall also contain the name and 24-hour contact telephone number of the property management company responsible for security and maintenance of the property. The city may require such other information the city deems necessary to fulfill the intent and purpose of this section. (c) An annual registration fee in the amount of fifty dollars ($50.00) per distressed property shall City of Miami Page 8 of 11 File Id: 12-01170 (Version: 3) Printed On: 8/26/2024 File Number: 12-01170 accompany each registration form. (d) Properties subject to this section shall remain under the annual registration requirement and the inspection, security and maintenance standards enumerated in this section until the property has been sold to a new property owner who is not a lender and the property is occupied. (e) Within ten (10) days from the date of a change in any of the information required by this section, the lender shall update the registry to reflect the updated information, including the status of any foreclosure proceedings relating to the subject property initiated by the lender. Sec. 10-668. 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 City of Miami Page 9 of 11 File Id: 12-01170 (Version: 3) Printed On: 8/26/2024 File Number: 12-01170 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 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. 10-679. 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. 10-6670. Penalties. Penalties under any provision of this article shall be assessed pursuant to sections 2-824 and 2-829. Sec. 10-6-971. Alternative procedures. Nothing in this article shall be deemed to preempt existing remedies of the city authorized under existing law. *11 Section 2. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 3. This Ordinance shall become effective immediately after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY City of Miami Page 10 of 11 File Id: 12-01170 (Version: 3) Printed On: 8/26/2024 File Number: 12-01170 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 or upon the effective date stated herein, whichever is later. City of Miami Page 11 of 11 File Id: 12-01170 (Version: 3) Printed On: 8/26/2024