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HomeMy WebLinkAboutLegislation SR (Version 2)Second Reading Ordinance City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00857 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 5, ENTITLED " CODE RELIEF PROGRAM" FOR THE LEGALIZATION OF EXISTING BUILDINGS; PROVIDING FOR DEFINITIONS; PROVIDING METHODS OF LEGALIZATION OF EXISTING BUILDINGS; ALLOWING FOR MITIGATION OF FINES DUE TO PARTICIPATION IN THE CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is more than a 115 years old, and has buildings which have been built pursuant to several building and zoning codes, throughout that long period of time; and WHEREAS, the current economic climate makes it harder for citizens to bring their properties, built under old building and zoning codes into compliance, without proof of proper permits into compliance; and WHEREAS, many additions and structures were built without permits but pursuant to legal codes at the time of construction; and WHEREAS, the City has the opportunity to assist those who wish to legalize their properties in a manner that allows the safe and orderly procurement of permits to allow for such legalization; 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 Code of the City of Miami, Florida, as amended, entitled "Buildings", is amended in the following particulars: {1} "CHAPTER 10 BUILDINGS ARTICLE V. CODE RELIEF PROGRAM _Sec.- 10-70. City of Miami Code Relief Program for residential structures built under prior building City of Miami Page 1 of 5 File Id: 11-00857 (Version: 2) Printed On: 12/5/2011 File Number: 11-00857 codes and zoning ordinances. Intent: This ordinance concerns the legalization of remodeling work and additions to Existing Buildings constructed prior to March 1, 2002. Applicants to this Code Relief Program must apply within (2) years of the passage of this ordinance. This ordinance•will sunset two (2) years from passage. Thus, Applicants can avail themselves of the Code Relief Program as long as they apply within two (2) years of the passage of this ordinance. Minimal life -safety requirements must be met, including but not limited to, side and rear setbacks. Sec. 10-71. Definitions: Administrative Variance (as to set -backs): Minor deviation of any zoning regulation other than height, density, intensity, or use by up to 25 percent (25%) granted by the Zoning Administrator, in order to relieve practical difficulties with strict compliance with the zoning ordinance. An Administrative Variance may not be granted if it conflicts with the City Code, Florida Building Code, Fire Code, or any other life -safety requirement. Code Relief Program: a program pursuant to this ordinance concerned with the legalization of residential structures constructed prior to March 1, 2002. Applicant: One who applies and wishes to participate in the Code Relief Program. As -Built Certificates: Documents provided by a professional Florida licensed architect or engineer including a notarized affidavit, stating that the plans and the work completed on the structure complies with the Building Code for Miami -Dade County in effect at the time of construction. The architect or engineer will specify the methodology used to inspect the areas not readily visible (foundation, wall reinforcement, etc.). As -Built Plans: The set of drawings and calculations required for permits at the time of construction. The plans must be prepared by a professional Florida licensed architect or engineer who shall sign and seal the documents and insert a statement in the first page stating that the work complies with the Building Code for Miami -Dade County in effect at the time of the construction, and indicating in the drawings any work that will need to be done for compliance. Existing Buildings: Those buildings constructed prior to March 1, 2002, as defined in Chapter 8-11 of Miami -Dade County Code and The Florida Building Code. Legalization permits: Building or zoning permits issued pursuant to this Ordinance. Participant: An Applicant who has participated and completed the Code Relief Program. Permit issued by Affidavit: Permits will be issued by the City's Building Official in accordance with the Florida Building Code §105.14, as amended. Thus, when a permit is issued relying upon an affidavit or when work to be covered by a permit involves installation under conditions which the Building Official opines are hazardous or complex, the Building Official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations must supervise such work. In addition, the architect or engineer shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion, make and file with _-_the Building Official written affidavits that the work has been done in conformity to the reviewed plans City of Miami Page 2 of 5 File Id: 11-00857 (Version: 2) Printed On: 12/5/2011 File Number: 11-00857 and with the structural provisions of the technical codes. Sec. 10-72. Criteria and Process. .An existing building may be granted a permit for legalization under this Ordinance. The legalization may be for any structure, including any part thereof, or for any addition or repair work, built without proper permits, if the work performed commenced prior to March 1, 2002, under any prior building or zoning code, or any permits obtained under the South Florida Building Code, which expired without Certificates of Completion or Occupancy having been issued. The Legalization permits will be issued by the Building Official in accordance with the Florida Building Code §105.14, as amended, and by fulfilling the following conditions: a. the Applicant shall furnish a set of As -Built Plans, .as defined in this Article, of the building or structure; b. the Applicant shall furnish an As -Built Certificate satisfactory to the Building Official issued by a Florida registered engineer or architect. The Florida registered engineer or architect will attest via affidavit based on knowledge, belief and professional judgment, and based on an inspection of the structure, that the structure can be legalized. The As -Built Certificate shall contain a narrative description of the methodology used by the engineer or architect tendering the certificate to make the determination that the structure can be legalized. In issuing the Certificate of Completion or Occupancy, the Building Official shall be entitled to rely on the accuracy of the As -Built Certificate provided by an engineer or architect. More particularly, the affidavit will attest that the structure: (1) is structurally sound, and complies with the FEMA zone requirements for minimum floor elevation; (2) satisfies the requirements of the building and zoning code(s) in effect at the time the work was commenced, indicating the date the work on the structure was commenced from the best available records and the requirements of the building and zoning code(s) in effect on that date; (3) complies with all safety minimum requirements identified below; (4) complies with the permit application and any plans approved by the Building Official: and c. the As -Built Certificate and plans must indicate that the structure will comply with all of the following life -safety minimum requirements of the current Florida Building Code (FBC): (1) Means of egress or escape; (2) Requirement of shutters; (3) Residential single station smoke detectors - installed in accordance with NFPA (1999 edition); (4) Requirement for ground fault interrupters, bathroom and kitchen; (5) Requirement for full size pressure and temperature relief valve lines on all water heaters; (6) Handicapped access requirements; City of Miami Page 3 of 5 File Id: 11-00857 (Version: 2) Printed On: 12/5/2011 File Number: 11-00857 (7) All gas piping systems shall be bonded to ground; (8) Handrails shall be inspected and replaced, if necessary, in full compliance with requirements of the current Building Code. d. Prior to issuing the Certificate of Completion. or Occupancy; the Building Official shall conduct an inspection to determine whether: (1) the plans submitted reflect the present state of the structure; and (2) the structure complies with all requirements of the current Building Code identified above; and (3) the As -Built Certificate represents accurately the condition of the structure. Sec. 10-73. Enforcement and Mitigation. a. Notwithstanding the provisions of this Article, the Building Official may at all times continue enforcement of this Code or any local (city or county) ordinances or technical codes through any authorized means, including issuance of a Notice of Violation pursuant to Chapter 2, Article X, Code Enforcement; recording of lien for same; commencement of a case before the Unsafe Structures Board or Panel; or the issuance of a civil citation. This section shall not be construed or serve as a defense against any enforcement action brought by the Building Official based on the current requirements of the ordinance, nor shall this Article preclude the City from enforcing local (city or county) ordinances or technical codes through any means provided by law. b. Notwithstanding the provisions of Chapter 2, Article X, Code Enforcement with regard to the mitigation of fines, the mitigation of code enforcement per diem fines shall be mitigated as set forth in the chart below, provided the Participant has applied for the Code Relief Program and has completed the program. Upon completion of the Program, the Director of Code Enforcement will advise the Director of Finance of the eligibility of the Participant to pay the mitigated fines according to the chart below. Once proof of payment to the Finance Department is given to the Director of Code Enforcement, the Director of Code Enforcement will cause an Affidavit of Compliance to be issued. Amount to be Non -Homestead Homestead mitigated in dollars Property Property in dollars in dollars Up to 99,999 5,000 100,000-499,999 7,500 500,000 to 999,999 10, 000 Over 1 Million 15,000 Sec. 10-74. Building Fees. 2, 500 3, 500 5,000 7.500 Homestead Property Seniors or Disabled or Veterans -in dollars 1,000 2,000 2, 500 3.500 Payment Plan Options for Homestead Within 1 year Within 2 years Within 3 years Within 4 years The Building Official shall establish a fee schedule for processing applications and costs to conduct any testing done pursuant to this section. The City will waive the "double permit fee plus fine" in Section 10-4 for all the permits issued under this ordinance. Sec 10-75. Administrative Variance. City of Miami Page 4 of 5 File Id: 11-00857 (Version: 2) Printed On: 12/5/2011 File Number: 11-00857 Pursuant to review by the Zoning Administrator, an administrative variance of up to 25 percent (25%) may be granted for setbacks as long as minimal life -safety requirements are met. However, such a variance will not in any event legalize that which cannot be legalized or allowed in a particular transect with respect to uses. 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 immediately upon final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} Words and/or figured stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated 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. City of Miami Page 5 of 5 File Id: 11-00857 (Version: 2) Printed On: 12/5/2011