The URL can be used to link to this page

Home My WebLink AboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #2961 Ordinance Second Reading Sponsored by: Frank Carollo, Commissioner, Manolo Reyes, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "GROUP HOMES," TO AMEND SECTION 62-650 OF THE CITY CODE, ENTITLED "REGULATION OF GROUP HOMES PURSUANT TO STATE LAW," TO CLARIFY APPLICABILITY, AND TO AMEND SECTION 62-651 OF THE CITY CODE, ENTITLED "APPLICATION OF GROUP HOMES," TO ADD SUBSECTION E, ENTITLED "EMERGENCY PREPAREDNESS REQUIREMENTS," TO ESTABLISH A CITYWIDE REQUIREMENT THAT CITY FUNDED AFFORDABLE SENIOR HOUSING, NURSING HOMES, ASSISTED LIVING FACILITIES ("FACILITIES") CATERING TO THE ELDERLY, AND OTHER SIMILARLY SITUATED CITY OF MIAMI SUBSIDIZED ELDERLY LIVING UNITS, AS DEFINED BY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") GUIDELINES, BE EQUIPPED WITH PROPERLY FUNCTIONING GENERATORS WITH ADEQUATE FUEL CAPABLE OF CONTINUOUS USE TO POWER ESSENTIALS, INCLUDING BUT NOT LIMITED TO, ELEVATORS, LIGHTS, EMERGENCY ALARMS, AND AIR CONDITIONING ("A.C.") IN THE CORRIDORS OF THE FACILITY; AND PROVIDING THAT RESIDENT ATTENDANTS/STAFF TO THE ELDERLY SHOULD BE ON SITE WITHIN 24-HOURS OF A HURRICANE OR STORM'S PASSAGE, OR AS SOON AS SAFELY POSSIBLE, TO ENSURE THE ADEQUATE CARE OF SENIOR RESIDENTS IN THE AFTERMATH OF HURRICANES AND MAJOR STORMS RESULTING IN WIDESPREAD POWER OUTAGES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 2961 (Revision: D) Printed On: 2/4/2025 City of Miami Legislation Ordinance File Number: 2961 Final Action Date: 2/8/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "GROUP HOMES," TO AMEND SECTION 62-650 OF THE CITY CODE, ENTITLED "REGULATION OF GROUP HOMES PURSUANT TO STATE LAW," TO CLARIFY APPLICABILITY, AND TO AMEND SECTION 62-651 OF THE CITY CODE, ENTITLED "APPLICATION OF GROUP HOMES," TO ADD SUBSECTION E, ENTITLED "EMERGENCY PREPAREDNESS REQUIREMENTS," TO ESTABLISH A CITYWIDE REQUIREMENT THAT CITY FUNDED AFFORDABLE SENIOR HOUSING, NURSING HOMES, ASSISTED LIVING FACILITIES ("FACILITIES") CATERING TO THE ELDERLY, AND OTHER SIMILARLY SITUATED CITY OF MIAMI SUBSIDIZED ELDERLY LIVING UNITS, AS DEFINED BY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") GUIDELINES, BE EQUIPPED WITH PROPERLY FUNCTIONING GENERATORS WITH ADEQUATE FUEL CAPABLE OF CONTINUOUS USE TO POWER ESSENTIALS, INCLUDING BUT NOT LIMITED TO, ELEVATORS, LIGHTS, EMERGENCY ALARMS, AND AIR CONDITIONING ("A.C.") IN THE CORRIDORS OF THE FACILITY; AND PROVIDING THAT RESIDENT ATTENDANTS/STAFF TO THE ELDERLY SHOULD BE ON SITE WITHIN 24-HOURS OF A HURRICANE OR STORM'S PASSAGE, OR AS SOON AS SAFELY POSSIBLE, TO ENSURE THE ADEQUATE CARE OF SENIOR RESIDENTS IN THE AFTERMATH OF HURRICANES AND MAJOR STORMS RESULTING IN WIDESPREAD POWER OUTAGES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") has a vibrant and sizeable population of elderly residents; and WHEREAS, the City is committed to providing a high quality of life for all its residents; and WHEREAS, hurricanes and major storms are frequent occurrences in the City and the South Florida area, often resulting in widespread power outages that may take weeks to restore; and WHEREAS, during the power outages associated with Hurricane Irma, a significant number of elderly persons died in a Hollywood, Florida nursing home and many others were hospitalized due to lack of air conditioning ("A.C."); and WHEREAS, elderly individuals are more susceptible to heat strokes and other heat related complications; and WHEREAS, generators equipped with adequate fuel ensure housing units not only maintain power to essential equipment such as elevators, lights, and emergency alarms, but also provide air-conditioned designated room(s) near living quarters to prevent heat related ailments until full power is restored; and City of Miami File ID: 2961 (Revision: D) Printed On: 2/4/2025 WHEREAS, resident attendants/staff to the elderly should be on site within twenty- four (24) hours of a hurricane or storm's passage, or as soon as safely possible, to ensure adequate care of our senior residents; 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 62, Article XV of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars:1 "CHAPTER 62 PLANNING AND ZONING ARTICLE XV. GROUP HOMES Sec. 62-650. Regulation of group homes pursuant to state law. (c) The provisions of Section 62-651(c)(2)(e) of the City Code regarding Emergency Preparedness Requirements within this Article shall apply to any qualifying Facility regardless of the number of residents. Sec. 62-651. Application for group homes. * (c) Any reservations or applications shall be reviewed as follows: * * * (2) The planning and zoning department Department of Planning and the Office of Zoning will review the information and conduct an independent review of the following: e. Emergency Preparedness Requirements for all Facilities. Compliance with these City housing requirements for group homes, City funded affordable senior housing, nursing homes, Assisted Living Facilities ("ALF") catering to the elderly, and other similarly situated City -subsidized elderly living units, as defined by Department of Housing and Urban Development ("HUD") guidelines ("Facilities"), shall be mandatory for those projects that utilize funding sources including, but not limited to, Community Development Block Grant ("CDBG") funds, HOME Investment Partnerships Program ("HOME") funds, Housing Opportunities for Persons with AIDS ("HOPWA") funds, and State Housing Initiatives Partnership ("SHIP") funds. 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 File ID: 2961 (Revision: D) Printed On: 2/4/2025 1. The generators must be able to power essential services, as set forth in Chapter 10-8 of the City Code, including but not limited to, elevators, lights, emergency alarms, and Air Conditioning ("A.C.") in one or more designated room(s) within the Facility. Essential services means necessities required to maintain an established minimum standard for quality of life for residents in a facility offering housing to the elderly. Designated room(s) means a public, common, or private space which can safely and lawfully house residents in an appropriate fashion pre- and post -foreseeable disaster. 2. Notwithstanding any requirement mentioned herein, resident, or assisted living services are to be on site within twenty-four (24) hours of a foreseeable disaster, or as soon a safely possible, unless they are required to remain at the Facility. This does not negate the requirement to have staff on site and available to run the required generator(s) and other life sustaining essentials. 3. The generator and staff requirements contained in Sections 62- 651(c)(2)(e)(1) and (2) above are subject to the conditions contained in Section 10-8 of the City Code, including approval by the City's Emergency Manager. f. If the applicant requires additional time to process and submit all the requested information above, the reservation or application must be renewed for an additional 180 days. If the process is not completed within the two 180-day periods provided above, the reservation or application will expire and a new reservation or application cannot be processed on that property for 30 days. fg. Such review cost shall be as stated by the Miami Dade County City Code, as amended. h. The implementation of the requirements listed herein shall be further detailed and approved through an Emergency Plan pursuant to Section 10-8 of the Code." Section 3. If any section, part of a 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 thirty (30) days after final reading and adoption thereof.2 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 File ID: 2961 (Revision: D) Printed On: 2/4/2025 APPROVED AS TO FORM AND CORRECTNESS: 9/19/2017 rtd ng deli z, City ttor ley 1 10/17/2017 City of Miami File ID: 2961 (Revision: D) Printed On: 2/4/2025