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HomeMy WebLinkAboutR-24-0403City of Miami Ordinance 14307 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16379 Final Action Date: 9/26/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDING/UNSAFE STRUCTURES," TO PROVIDE FOR A FURTHER AMNESTY FOR SINGLE FAMILY HOMES AS WELL AS A PILOT PROGRAM FOR NEW COMMERCIAL PROPERTY PURCHASERS SUBJECT TO UNSAFE STRUCTURE PANEL ORDERS REQUIRING DEMOLITION THAT WERE ISSUED PRIOR TO PURCHASE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes, Commissioner Christine King WHEREAS, Section 10-101(m)(3) of the Code of the City of Miami, Florida, as amended ("City Code") provides for a limited amnesty program for homestead exempt or owner -occupied properties to secure further hearings before the Unsafe Structure Panel ("Panel") if there is currently an order in default which does not provide for a breach hearing; and WHEREAS, this amnesty program only contemplates orders issued by the Panel prior to the Spring of 2022 as after that time, the Panel orders did provide for "breach" hearings rather than immediate demolition for failure to comply with the Panel order as issued; and WHEREAS, the current amnesty has allowed for many residential property owners to save and secure their homes and come into compliance with the City Code; and; WHEREAS, there are many properties left abandoned by property owners for which other parties wish to purchase and bring the properties and structures back into the City's growing economy; and WHEREAS, properties where old owners have failed to abide by Panel rulings to repair the property structures causing them to now be now subject to demolition can leave many areas with blighted structures and no meaningful economic activity; and WHEREAS, providing a limited amnesty on such properties as well as extending the single family residence amnesty is in the best interest of the residents and businesses of the City of Miami; and WHEREAS, a pilot program for new commercial property owners will provide a great assistance to business persons seeking new and stable investments in the City; 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. City of Miami Page 1 of 4 File ID: 16379 (Revision: A) Printed On: 10/28/2024 File ID: 16379 Enactment Number: 14307 Section 2. Chapter 10, Article VI of the City Code is amended in the following particulars:' "CHAPTER 10 BUILDING ARTICLE VI. UNSAFE STRUCTURES Sec. 10-101. Unsafe structures and unsafe structures panel. (m) Post -hearing extension of time; Amnesty Program. (1) Requests for extensions of time from unsafe structure panel orders. Any owner or interested party may seek an extension of the timeframes set forth in an order of the unsafe structures panel. Such request for a hearing to seek such extension must be in writing, directed to the unsafe structures panel clerk. The unsafe structures panel shall not be authorized to extend any deadline for compliance, set forth in the order, unless the unsafe structures division of the building department, unsafe structure panel clerk receives the written request for extension prior to the deadline specified in the initial order. For example, in the event the unsafe structures panel order states that a permit must be obtained within a specified period, the request for extension of the deadline to obtain the permit must be received prior to the expiration of that specified period. If the same order provides a deadline for completion of the structure, the request for the extension for the deadline of completion must be received prior to the deadline for completion, provided that the applicant has complied with the permit deadline. (2) To obtain an extension, the owner or interested party must demonstrate to the reasonable satisfaction of the unsafe structures panel that the structure that is the subject of the order is secure at the time the extension is sought and that the owner or applicant has made a good faith attempt to comply with the order which has been impeded by changed circumstances or other circumstances outside of the owner or applicant's control. As a further condition of the extension, the owner or interested party must submit in writing, together with the petition for an extension, a written timetable for compliance with the substantive provisions of the order and for completion of all necessary repairs. The unsafe structures panel shall not reconsider the order, limiting its consideration of the petition to deciding whether the grounds for an extension have been satisfied in the manner set forth in this subsection. (3) Amnesty program for Single Family Residence or Duplex Properties and Pilot Program for Commercial Properties. 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 Page 2 of 4 File ID: 16379 (Revision: A) Printed on: 10/28/2024 File ID: 16379 Enactment Number: 14307 a. Any homestead exempt and/or owner occupied residential property Single Family Residence or Duplex Properties currently in default of an order of the unsafe structure panel that was issued prior to April 15, 2022, and who has not already sought and obtained an extension of time or breach hearing pursuant to Ordinance No. 1/1085, may request a one-time post -hearing extension of time or breach hearing before the unsafe structure panel if the following conditions are met: a1. Owner has made a good faith attempt to comply with the order; and 142. Owner has been impeded by changed circumstances or other circumstances outside of the owner's control; and G3. Owner has been an active participant in the process of legalizing or repairing the determined deficiencies; and 4. Owner provides, in writing, what has been done since the date of the unsafe structure panel order, a4 a timetable for compliance of all required repairs and a Florida licensed Architect or Engineer has certified the safety of the structure with a letter provided to the City under seal; and 5. The date to appear before the Unsafe Structure Panel does not insure the Owner will be provided more time to repair the Property structure and does not estop the City from recommending either repair or demolition of the Property structure based on the facts and circumstances of the case. Failure to request the post hearing extension within one year of the effective date of this amendment shall !cave the original order in full force and effect. b. As part of a Pilot Program, any new purchaser of a commercial property, who purchases a property that has an order of the Unsafe Structure Panel requiring demolition of the property structure due to the prior owner's failure to comply with the required repair timelines provided, may request a breach hearing under the following circumstances: 1. The new purchaser shall have no familial, economic, business or other related interests to any prior owner of the violating property. The sale must be an arm's length transaction. An affidavit under oath attesting to same must be provided along with the request for breach hearing; and 2. The new purchaser shall make the request for hearing, in writing, via email to the Unsafe Structure Clerk; and 3. The new purchaser shall provide a full set of plans for the necessary scope of repairs to be reviewed by the Unsafe Structures Section no later than thirty (30) days before the hearing date; and City of Miami Page 3 of 4 File ID: 16379 (Revision: A) Printed on: 10/28/2024 File ID: 16379 Enactment Number: 14307 4. If a full set of plans are not provided and all other conditions are not met, the matter will be removed from the scheduled hearing agenda; and 5. This Subsection shall apply retroactively to new purchasers prior to the passage of Ordinance No. 14307; and 6. The Commercial Property Amnesty Pilot Program shall expire on September 25, 2024, but can be extended for one year by City Commission Resolution. * *„ 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 adoption by the City Commission.2 APPROVED AS TO FORM AND CORRECTNESS: rge Wyy•ng IIV, C y ttor -y 9/27/2024 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 Page 4 of 4 File ID: 16379 (Revision: A) Printed on: 10/28/2024