The URL can be used to link to this page

Home My WebLink AboutO-13312City of Miami Legislation Ordinance: 13312 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00134 Final Action Date: 2/23/2012 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 FILLING TO LEVEL GRADE OF EXISTING EXCAVATED SITES OR EXCAVATED CONSTRUCTION SITES WITHIN THE CITY OF MIAMI; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City"), has the power to secure and clean up property that is abandoned or in disarray pursuant to its police powers and the Code of the City of Miami, Florida, as amended ("City Code") through Chapters 10 and 22; and WHEREAS, there are several sites within the City which are excavated construction sites or excavated sites that pose a threat to the City residents; and WHEREAS, these properties need to be filled in with soil, gravel or comparable materials to grade level in order to make these properties safe for all who travel by them; 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; 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, and its citizens to amend the City Code, as hereinafter set forth; 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 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 City of Miami Page 1 of 4 File Id: 12-00134 (Version: 1) Printed On: 10/30/2017 File Number: 12-00134 Enactment Number: 13312 ARTICLE VI. UNSAFE STRUCTURES Sec. xxx. Maintenance of lots or property containing excavated construction sites or excavated sites in considerable non-compliance with the Florida Building Code. (a) Intent: It is the intent of this Section to regulate property containing excavated construction sites or excavated sites that have become a nuisance or a danger to the community and are in considerable non-compliance with the Florida Building Code, pursuant to the Building Official. This section seeks to implement regulations to: 1. Reduce neighborhood blight and its negative effects by regulating the aesthetic character of lots or property containing excavated construction sites or excavated sites; or 2. Ensure the lots or property containing excavated construction sites or excavated sites do not have portions of land which have been excavated are returned to a uniform and level grade. (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. Construction site: a lot or site on which a structure is being built or constructed 2. Excavation; excavated site: a site that has been unearthed; a site made hollow by removing the inner part; a site which has a hole or cavity in or formed into a hollow, as by digging. 3. Excavated construction site: a construction site which has an excavation or hole 4. Lot: a parcel of land; a portion of land; property. (c) Minimum requirements. When an excavated construction site or an excavated site has been left derelict and in disarray for more than three (3) months, to the point that the property is deteriorating and poses a danger to the community, the Building Official shall make a determination as to whether the property is in substantial non-compliance with the Florida Building Code and Chapter 8 of the Miami -Dade County Code and at such time, order the property owner, via a Notice of Violation, that such violations must be corrected within the time set on the notice. 1. If the property owner refuses to correct the violations on the property, as stated in subsection (d), below or commence construction on the property, the Building Official shall be authorized to return the property to a uniform and level grade. 2. The Building Official shall order the property to be refilled and graded in accordance with subsection (d) below. Moreover, the Building Official shall order sod or hydroseed on any exposed City of Miami Page 2 of 4 File Id: 12-00134 (Version: 1) Printed On: 10/30/2017 File Number: 12-00134 Enactment Number: 13312 dirt on the property. 3. Nothing in this section shall be construed to require the removal of trees from the lot. Nothing in this section shall prevent the property owner from performing this re -filling on his/her own. LQ 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 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. *II 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} Footnotes: City of Miami Page 3 of 4 File Id: 12-00134 (Version: 1) Printed On: 10/30/2017 File Number: 12-00134 Enactment Number: 13312 {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 4 of 4 File Id: 12-00134 (Version: 1) Printed On: 10/30/2017