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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: 11-01192 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 AMENDING ARTICLE 6, ENTITLED "UNSAFE STRUCTURES", IN ORDER TO ADDRESS THE SODDING OF LAND AFTER DEMOLITION OF EXISTING UNSAFE STRUCTURES WITHIN THE CITY OF MIAMI; 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, properties after demolition are many times left in disarray; 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; and WHEREAS, the City Commission finds that any work undertaken by the City under the authority of this ordinance renders a substantial, immediate and direct special benefit to the property; 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 City of Miami Page.1 of 3 File Id: 11-01192 (Version: 2) Printed On: 1/31/2012 File Number: 11-01192 Sec. xxx. Maintenance of vacant lots after demolition of structures. Laj Intent: It is the intent of this Section to regulate an improved or unimproved lot that has become vacant or the ground teas been left in disarray or excavated due to.demolition of a structure(s) on the lot and to implement regulations to: .1. Ensure the lot is rehabilitated in a park -like appearance: or 2. Reduce neighborhood blight and its negative effects by regulating the aesthetic character of vacant lots, formerly improved lots: or 3. Ensure the lot does not have portions of land which have been excavated and not returned to a uniform and level grade after a demolition. (b) Definitions. For the purpose of this section, the following words and phrases shall have the meaning respectively ascribed to them by this subsection: 1. Vacant lot: As defined in City Code § 22-114, as amended, a lot, tract, or other parcel of land in the city that does not have a structure or building on the land. 2. Structure: As defined in City Code § 22-114, as amended, a structure or building as defined by the Florida Building Code, as amended. 3. Tree: As defined in City Code § 17-2, as amended, any self-supporting woody plant or palm which usually has a single main axis or trunk. with a minimum trunk diameter at breast height of two (2) inches and a minimum overall height of 12 feet. This definition excludes plants which are defined as shrubs, hedges, vines. or ground covers. Palms shall have a minimum heiqht of 14 feet in order to be classified as a tree. 4. Lot: a parcel of land: a portion of land; property. (c) Minimum requirements. When a structure has been demolished and real property has become a vacant lot or a portion of a lot has been left in disarray or excavated because of a demolition, the owner of the lot shall, at a minimum: 1. Remove all debris resulting from the demolition of the structure, along with any other garbage from the lot. 2. Refill and arade the lot in accordance with subsection (d), and lay down sod or hydroseed on any exposed dirt on the lot. Nothing in this section shall be construed to require the removal of trees from the lot. 3. If the owner. fails to comply with the provisions of this section. the City. may issue a Notice of Violation. Moreover, after proper notice to the owner of record as listed in the Miami -Dade tax roll, certified mail return receipt requested, the City may refill, grade. and sod the lot and impose a lien on the property for the work done. (d) Fill requirements. The re -filling, grading. and sodding of the lot shall comply with the Florida Building Code, as amended. (e) Enforcement Provision (1) This section may be enforced in accordance with Chapter 2 Article X Code Enforcement. Nothing in this section precludes the City from enforcing this section by any and all means provided by law, including but not limited to, any actions in the circuit court. (f) Special Assessment Provision (1) Under the lawful authority granted to municipalities pursuant to Florida Statute Chapters 170, and 166, the City hereby authorizes the levy and collection of special assessments to the fund City of Miami,.. Page 2 of 3 File Id: 11-01192 (Version: 2) Printed On: 1/31/2012 File Number: 11-01192 the costs of any work done by the City to enforce compliance with the requirements of this Ordinance. (2) Any work undertaken by the City under this section shall be treated as special assessment liens against the subject real property, and until fully paid and discharged. shall remain liens equal in rank and dignity with the 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 at the rate of 12 percent per annum shall accrue to such delinquent accounts. Such liens shall be enforced by any of the methods provided in Florida. Statute Chapter 85, as amended, or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions applicable to practice, pleading and procedure for the foreclosure of mortgages on real estate set forth in state statutes, or may be foreclosed pursuant to Florida Statute Chapter 173, as amended, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The property owner shall pay all costs of collection, including reasonable attorney fees, incurred in 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 Florida Statute §197.3632. as may be amended from time to time. (q) The City, when at all possible, will use best efforts to comply with the provisions of this section when demolishing property within the City of Miami, regardless of ownership. III Section 3. If any section, part of a 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} 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. City of Miami Page 3 of 3 File Id: 11-01192 (Yeision: 2) Printed On.: 1/31/2012