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File ID: #16287
Ordinance
Sponsored by: Christine King, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE VI/SECTION 101 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "BUILDINGS/UNSAFE STRUCTURES AND
UNSAFE STRUCTURES PANEL," TO REQUIRE CERTAIN RESIDENTIAL BUILDING
OWNERS TO HOUSE AND PAY FOR REASONABLE RELOCATION COSTS OF
DISPLACED RESIDENTS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE.
City of Miami File ID: 16287 (Revision:) Printed On: 9/24/2024
City of Miami
Legislation
Ordinance
Enactment Number: 14304
File Number: 16287 Final Action Date: 9/12/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE VI/SECTION 101 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "BUILDINGS/UNSAFE STRUCTURES AND
UNSAFE STRUCTURES PANEL," TO REQUIRE CERTAIN RESIDENTIAL BUILDING
OWNERS TO HOUSE AND PAY FOR REASONABLE RELOCATION COSTS OF
DISPLACED RESIDENTS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, since the beginning of the year, within the City of Miami, Florida ("City")
and Miami -Dade County as a whole, there have been several building evacuations required
due to structures being declared unsafe by the appropriate local authority; and
WHEREAS, almost each and every time, the private owner of the residential building,
which is not an apartment or condominium, does not have sufficient funds or insurance to
properly house the displaced residents; and
WHEREAS, this has left the financial burden of relocation to the local government and
social service networks; and
WHEREAS, these property owners, in almost every case, are aware of the necessity
of repair and required maintenance to the properties, which have not been not undertaken,
thereby leading to the property being declared unsafe; and
WHEREAS, Section 10-101 of the Code of the City of Miami, Florida, as amended
("City Code") gives the Building Official the authority to order the residents of a structure to
vacate or to temporarily close a structure when the Building Official is of the opinion that there
is actual or immediate danger of failure or collapse; and
WHEREAS, all property owners are responsible for what occurs with their property and when
it is declared unsafe the Code also grants the Building Official the authority to institute such other
temporary safeguards, including securing the building or structure, as the Building Official
may deem necessary under the circumstances, and requires the owner to bear the costs of
implementing such safeguards; and
WHEREAS, when an order to vacate a residential building is issued, in addition to
the costs to secure the building and implement safeguards, there is a significant cost and
inconvenience to the residents that live in the building, including the costs of relocating; and
WHEREAS, Section 10-101 of the City Code only requires the owner of an apartment
building or
condominium to bear the significant costs to relocate its residents that an order to vacate
creates; and
WHEREAS, regardless of a resident's income, the unexpected expenses caused by
City of Miami File ID: 16287 (Revision:) Printed On: 9/24/2024
an order to vacate, usually with little or no notice, can negatively impact their lives; and
WHEREAS, a property owner of a building, which is used as a residence for the
property owner or others, is responsible for the maintenance and safety of the structure and
should bear the costs associated with an order to vacate due to unsafe conditions created by
their lack of repair and required maintenance; and
WHEREAS, the City has many options available to bring violative properties into
compliance, including the filing of suit in the Eleventh Judicial Circuit, while also pursuing
administrative compliance and amending the City Code to include language that will provide
clarity to all parties involved in the process; and
WHEREAS, since the inception of Section 10-101 of the City Code, the City has grown
into a burgeoning metropolis that is constantly evolving and growing, which has led to
increased construction; and
WHEREAS, it is the desire of this Commission to require all property owners, who
have buildings and structures that serve as residences to others, to be responsible for the
housing and relocation of its residents upon issuance of an order by the City's Building Official
to close or vacate a building for safety concerns;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 10 of the City Code is amended in the follow particulars:1
"CHAPTER 10
BUIDLINGS
ARTICLE VI. UNSAFE STRUCTURES
Sec. 10-101. Unsafe structures and unsafe structures panel.
(f) Emergency action.
(1) When in the opinion of the building official, or designee, 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 vacate,
temporarily close for use or occupancy the rights -of -way thereto, sidewalks,
streets or adjacent buildings or nearby area and institute such other temporary
safeguards, including securing the building or structure, as he may deem
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: 16287 (Revision:) Printed On: 9/24/2024
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 section shall
be suspended as reasonably necessary in the opinion of the building official, or
designee, to redress the emergency situation. Costs incurred in the performance
of such emergency work shall be paid by the appropriate governmental authority
and upon the recording in the public records of this county a certificate executed
by the building official, or designee, certifying the amount so expended, the same
shall become a lien against the property involved.
(2) For purposes of subsection (f), "owner" shall mean the owner of an apartment
When the building official or designee orders an occupied residential building or
structure used as a residence either apartment or condominii um with four or
more unity to be vacated, as authorized in subsection 10-1O1(f)(1), and deems
that there is an actual or immediate danger of the failure or collapse of a building
or structure, or health, windstorm, or fire hazard, which is a result of the negligent
or intentional act or failure to act by the owner(s), the owner shall, after posting,
within 24 hours make, or cause to be made, all necessary arrangements to
relocate the residents of the building into housing that is safe, sanitary, and
secure, and the owner shall pay, or cause to be paid, all of the reasonable
expenses involved in such relocation. If the owner fails to timely relocate
displaced residents, city personnel shall be empowered to assist in the
relocation, and the owner shall pay all reasonable expenses incurred by the city,
in accordance with the following:
a. Service of a notice of required payment of costs of resident relocation shall be
made upon the owner by posting the notice in a conspicuous location at the
premises ordered to be vacated and by mailing the notice certified, return
receipt requested through the USPS to the address listed in the records of the
property appraiser's office for tax notices for the property and in the case of a
condominium, to the condominium board and board president.
b. The notice of required payment of costs of resident relocation shall include:
i. An affidavit itemizing the city's expenses incurred in the relocation;
ii. The date of issuance;
iii. The name of the department or division issuing the notice;
iv. The obligation to relocate a resident or residents pursuant to subsection 10-
101(f) of the City Code;
v. The amount of relocation costs for which reimbursement is sought, up to
three months, the financial assistance shall be in an amount not to exceed
three months' fair market rent, as defined by the United States Department
of Housing and Urban Development;
c. With respect to apartment rental units, the obligations of owners under this
subsection shall only apply to tenancies entered into after the effective date of
this subsection.
City of Miami File ID: 16287 (Revision:) Printed On: 9/24/2024
d. Once notice requiring payment of costs accomplished, owner shall have 30
days to pay.
*„
Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 16287 (Revision:) Printed On: 9/24/2024