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HomeMy WebLinkAboutSubmittal-Unsafe Structures PresentationCity of Miami Building Department UNSAFE STRUCTURES PROGRAM 2010-2012 v r r5'i FTED INTO THL UBL!C RECORD Far M tikb_ON oi Lip Z /2-00/17-SubrY?rnaI- unsafe Sir-uj ture5 Preserlia+ion UNSAFE STRUCTURES PROGRAM 2010-2012 Legislation and Authority • FEMA • Florida Statutes 499, 553 and 893 • Florida Building Code 2007 • Florida Fire Code • Miami -Dade County Code of Ordinances, Chapter 8 • Miami -Dade Unsafe Structures Board(MDCUSB) • City of Miami Unsafe Structures Panel (CMUSP) • State Fire Marshall • City of Miami Fire Marshall • City of Miami Building Official Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 • Guidance No. 4511.61 E • THE 50% RULE: THE ELIGIBILITY OF FACILITIES FOR REPLACEMENT UNDER 44 CFR 206.226(d)(1) • The Regulation: 44CFR § 206.226(d)(1): • "A facility is considered repairable when disaster damages do not exceed 50% of the cost of replacing a facility to its predisaster condition, and it is feasible to repair the facility so that it can perform the function for which it was being used as well as it did immediately prior to the disaster." Submitted into the public record in connection with items NA.S. on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 Unsafe Structures Board (County) Unsafe Structures Panel (City) Powers and Duties • Hear appeals from actions and decisions of the Building Official. • Hear the application of a Building Official to review his/her action where a Notice of Violation (NOV) has not been complied with. • Affirm, modify or reverse the decision of the Building Official. • Allow time extensions for the repairs necessary to make safe an existing structure. Submitted into the public record in connection with items NA.5, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 Unsafe Structures Section • Presently the Section has only one Code Compliance Specialist supported by a building inspector and two clerks. • Complaints are received by phone (311), letters, referrals from building Inspectors, other departments, City Manager, the Mayor and the City Commissioners. • The Section personnel inspects each received complaint within 24 hours. If violations are founded, the site is posted with a Warning NOV. An unsafe structures case is opened and a notification letter is sent to the owner of record with a list of the violations and the required action(s) to correct the violation. • The Section is currently working on 796 cases. An increase of 237 cases since our last report to the City Commission. Submitted into the public record in connection with items NA.S. on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 When a structure may be declared Unsafe? • If there are unsanitary conditions, inadequate means of egress, or the structure is deemed a wind or fire hazard. • If buildings or structures subject to the recertification requirements in Section 8-11(f) are not recertified or repaired by the deadline specified in the Code or any written extension granted by the Building Official. • Has no certificate of occupancy, elevators are not operational; there is no water, sewer or power, or lacks maintenance. • It is substantially damaged by the elements or Acts of God, fire, explosions. • Incomplete buildings commenced without a permit or if the permit has expired. • Completed buildings, subdivisions, or units commenced without a permit, or if the permit expired prior to their final completion and no C.O. has been issued by the B.O. • Swimming pools containing stagnant water. Submitted into the public record in connection with items NA.s, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 Miami -Dade Code Section 8-5(b) Physical Criteria (1) A building shall be deemed a fire hazard and/or unsafe when: (1) 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 provided herein for the particular Occupancy. Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 Miami -Dade Code Section 8-5(b) Physical Criteria (Cont.) (2) A building, or part thereof, shall be presumed to be unsafe if: (1) 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. (111) 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. Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 Miami -Dade Code Section 8-5(b) Physical Criteria (Cont.) (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 of occupancy. Submitted into the public record in connection with items NA.S. on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 Unsafe Structures Section Valuation Criteria • Each case receives an evaluation by the Building Official along the Unsafe Structures Section field personnel to determine the most appropriate course of action and the required attention level after the field inspection. We are currently prioritizing each structure as well as in our current enforcement record keeping (City view) as: ➢ PRIORITY I PRIORITY II ➢ PRIORITY III Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 PRIORITY III A case that under Chapter 8-5 (b)(1) definitions, the structure is Unsafe but there is no life safety issues. The structure is generally secured and property is clean and without visible deterioration. The Section will work to have the place secured and finding a solution with the property owners to bring the structure to original livable conditions. Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 PRIORITY III Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 PRIORITY III Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 PRIORITY III Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 PRIORITY II Those unsafe structures that represent a nuisance, there is potential for life safety, or are being used for drugs or other unlawful activities. The Section will prioritize theses cases more than the Priority III and will go in front of the Board/Panel requesting demolition unless the owner secures the site immediately, removes the nuisances and signs a 30-60- 90 agreement. (30 days to present the permit application, 60 days to pull the permit and 90 days to complete the work). Submitted into the public record in connection with items NA.5 on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 PRIORITY II Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 PRIORITY II Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 PRIORITY I These are unsafe structures cases were the property is severely damaged, does not comply with the FEMA 50% rule, represents imminent potential for lost of lives. These are also those used for illegal substance manufacturing or cultivating drugs or any other unlawful activities declared by the Police Department, or any Building Official determination where it is structurally unsound with danger of imminent collapse. The Unsafe Structures Section or the Fire Marshall will move and request from the Building Official an Emergency Action for demolition as defined in Chapter 8- 5 (e) . Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 PRIORITY I Submitted into the public record in connection with items NA.5 on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 PRIORITY I Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 PRIORITY I Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 PRIORITY I Submitted into the public record in connection with items NA.5 on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 PRIORITY I I WIEM.11114111rill.liiiN. Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 DUE PROCESS 1) If violations are found during the initial field inspection, a case is initiated against the Violating structure 2) The first Notice of Violation (NOV) is sent to the property owner via regular USPS. 3) The property is posted with the 1st NOV. 4) Thirty days are allowed for the property owner to respond to the 1st NOV. 5) After the initial 30 days, if there is no response, a second inspection is performed. 6) If the property remains in violation, a second NOV is produced. 7) The second NOV is sent via Certified US Postal Service, Return Receipt Requested 8) Thirty additional days are given to the property owner to respond to the 2nd violation letter 9) If there is no response, a third field inspection is performed 10) If the property remains in non-compliance, the case is prepared to be presented before the Unsafe Structures Board or Panel. 11) Cases are presented before the Board in the chronological order in which they were open unless they are overridden by cases that are more urgent or present a greater danger or hazard to life safety. Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 RECOVERY MIAMI DADE COUNTY CODE OF ORDINANCES SECTION 8-5 (k): (1) All costs incurred pursuant to any of the provisions of this Section shall be paid by the owner 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 Section 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 collectible according to established procedures. (5) Except with respect to a lien imposed in accordance with Paragraph (3) of this Subsection, nothing in this Section shall be construed as placing a lien upon property that supersedes the lien of any mortgage on such property executed and recorded prior to the existence of a lien for enforcement costs. (6) Any lien imposed pursuant to this Subsection shall be a lien prior in dignity to all liens, excepting county tax liens and liens of equal dignity with the county tax liens. (7) Liens created pursuant to this Section may be discharged and satisfied by paying to the appointing authority 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 appointing authority 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 Subsection shall be in addition to and not in derogation of other provided in the Building Code or otherwise provided by law. Submitted into the public record in connection with items NA.S, on 01-26-12 Building Department 2010-2012 Priscilla A. Thompson City Clerk UNSAFE STRUCTURES PROGRAM 2010-2012 UNSAFE STRUCTURES CASES JUNE 2011 DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5 TOTAL OPEN CASES 85 171 92 78 231 657 DEMOLITION BY COM 0 2 0 0 5 7 DEMOLITION BY OWNER 5 11 4 6 2 28 DEMOLITION TOTAL 5 13 4 6 7 35 DEMOLITION CITYWIDE 35 SUBMITTED INTO Ii--: PUBLIC RE.CORD Vic. TEMt\.)AsON o,lvPlm Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 UNSAFE STRUCTURES CASES JANUARY 2012 DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5 TOTAL OPEN CASES 104 216 131 90 255 796 DEMOLITION BY COM 5 8 4 1 18 36 DEMOLITION BY OWNER 23 38 19 8 7 95 DEMOLITION TOTAL 28 46 23 9 25 131 DEMOLITION CITYWIDE 131 Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 UNSAFE STRUCTURES PROGRAM 2010-2012 UNSAFE STRUCTURES CASES J U N E 2011 vs. JANUARY 2012 DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5 OPEN CASES o 19 0 45 0 39 0 12 0 24 DEMOLITION BY COM o 5 0 6 0 4 0 1 0 13 DEMOLITION BY OWNER n 18 n 27 n 15 0 2 0 5 DEMOLITION TOTAL o 28 0 46 0 23 0 9 0 25 DEMOLITION CITYWIDE 96 Submitted into the public record in connection with items NA.s, on 01-26-12 Priscilla A. Thompson City Clerk Building Department 2010-2012 Building Department THANK YOU Submitted into the public record in connection with items NA.S, on 01-26-12 Priscilla A. Thompson City Clerk