HomeMy WebLinkAboutBack-Up from Law DeptChapter 10 - BUILDINGSu
Footnotes:
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City Code cross references— Planning, building and zoning department, § 2-201 et seq.; downtown
development, ch. 14; environmental preservation, ch. 17; placing of guards around trees and shrubs on
public property during construction and repair of buildings, § 17-76; fire protection, ch. 19; landfills and
waterfront improvements, ch. 29; operation of pile drivers, steam shovels, pneumatic hammers, etc.,
restricted, § 36-6; use of noise -creating blowers, power fans or internal combustion engines, § 36-8;
street excavations, § 54-42; naming of streets and numbering of buildings, § 54-121 et seq.; planning and
zoning generally, ch. 62.
Law review references— Note as to revoked building permits and equitable estoppel in Florida, 15 Fla. L.
Rev. 418; comment as to rescission of building permits and equitable estoppel, 16 Fla. L. Rev. 649.
State Law reference— Licensing of construction industry, F.S. ch. 489; building construction standards,
F.S. ch. 553; plumbing control act, F.S. § 553.01 et seq.; electrical code, F.S. § 553.15 et seq.; state
minimum building codes, F.S. § 553.70 et seq.
ARTICLE I. - IN GENERAL
Sec. 10-1. - Posting advertising matter on buildings.
It shall be unlawful to post advertising matter on any unoccupied building or on any temporary structure
in this city. This section shall not apply to any owner or to any person acting under authority of the owner
of such building.
(Code 1967, § 9-1; Code 1980, § 10-1)
Sec. 10-2. - Reports of dangerous buildings by firefighters and police officers.
The employees of the department of fire -rescue and police department shall make a report, in writing,
to the director of the planning, building and zoning department of all buildings or structures which are, may
be or are suspected to be dangerous buildings. Such reports shall be delivered to the planning, building
and zoning department within 24 hours of the discovery of such building by such employee.
(Code 1967, § 9-2; Code 1980, § 10-2)
Charter reference— Authority of city to remove, or cause to be removed, dangerous buildings,
§ 3(r).
Sec. 10-3. - Building code.
(a) The "South Florida Building Code" and the "South Florida Building Code, Dade County edition", will
remain in effect, and enforced in the city, for all plans submitted and pending prior to the date the
Florida Building Code was implemented. All plans submitted after the Florida Building Code was
implemented shall be governed by the "Florida Building Code, as amended" and Chapter 8 of the
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Code of Ordinances of Miami -Dade County, Florida, as amended (hereinafter referred to as "Chapter
8 of the County Code"). Following implementation of the "Florida Building Code," the "Florida Building
Code, as amended" and "Chapter 8 of the County Code" shall be enforced in the city. A copy of this
building code is on file in the city clerk's office.
(b) Any and all liens referenced or imposed based on the foregoing provision or chapter 8 of the County
Code 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 F.S. ch. 86 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 F.S. ch. 173, 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.
(Ord. No. 12155, § 1, 11-15-01; Ord. No. 13036, § 2, 11-13-08)
Editor's note— Ordinance No. 6145, as amended, adopts the South Florida Building Code as
the building code of the city. This ordinance is not set out in this volume, but is on file in the
office of the building official. In addition to regulations as to construction of buildings, the South
Florida Building Code also contains provisions as to unsafe and dangerous buildings; exit
facilities; elevators and escalators; precautions during building operations; occupancy of public
and restricted property; signs; awnings, canopies and tents; electrical installations and
appliances; plumbing and gas; forced ventilation; air conditioning and refrigeration; and
swimming pools.
Sec. 10-4. - Building permit fee schedule.
(a) Definitions.
Affordable housing development is owner -occupied and/or rental housing with a purchase cost, value,
or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards
for those individuals whose income is between 30 percent to 80 percent of the area median income as
published annually by the United States Department of Housing and Urban Development ("HUD").
Community redevelopment agency is a public entity created pursuant to F.S. § 163.356, as amended.
Dry run is defined as the process of plans signed and sealed by the design team submitted for building
permit but with a building permit application without having a contractor.
Master permit is a building permit obtained for the complete work on any project.
Private provider means a person who can provide alternate plans review under F.S. § 553.791 and is
licensed as an engineer under F.S. ch. 471 or as an architect under F.S. ch. 481, as amended.
Stand-alone permit is any trade (electrical, mechanical or plumbing) permit pulled for a single category
without the need for a master permit.
Trade permit is a subsidiary building, electrical, mechanical or plumbing permit that requires a master
permit associated with it to be pulled prior to issuance.
Up -front fee is the fee associated and charged at the time of submittal of a set of plans and building
permit application.
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Workforce housing development is owner -occupied and/or rental housing with a purchase cost, value,
or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards
for those individuals whose income is between 80 percent to 140 percent of the area median income as
published annually by HUD.
(b) General fee information.
(1) Building, plumbing, mechanical and electrical permit fees.
a. Residential (up to three dwelling units): For all residential properties, any trade or master
building permit will be charged 0.50 of the estimated construction cost (including labor and
materials) for new construction or additions, and 0.50 of the estimated construction cost for
all remodeling permits. Notwithstanding the foregoing, the building permit fee for residential
improvements where the amount of estimated construction is less than $2,500.00 shall be
fixed at $45.00.
b. Commercial and multifamily master permit, trade permit and stand-alone permit fee: For a
building whose estimated construction cost is equal to or less than $30,000,000.00 is one
percent of the cost of construction as per the declared cost by the contractor. For projects
were the construction cost exceeds $30,000,000.00, the fee will be the same as above up
to $30,000,000.00, plus one-half percent of the amount in excess of the $30,000,000.00.
c. Minimum permit fee, applicable to any building permit, shop drawing, or revision of any
category regardless of construction cost or number of pages: $110.00.
d. Phased permit fee: Any phased permit issued in accordance with the Florida Building Code
(FBC 105.13) will be valid for six months from the issuance date. No extensions will be issued
to the phased permits by the building official. These permits will be charged a $1,500.00 fee,
plus any other applicable surcharges as defined or required by the surcharges section.
e. Fee for work started without permits: When work is commenced prior to obtaining a required
permit, a fee of two times that specified in this section, plus a $110.00 fine shall be paid. The
payment of such fees shall not relieve any person, firm, or corporation from fully complying
with all of the requirements of all applicable regulations and codes, nor shall it relieve them
from being subject to any of the penalties therein. The fee requirement shall be applicable
to all trade divisions of the building department.
f. The building department will modify the permit fee calculation using the Engineering News
Record- Building Cost Index (ENR-BCI) published each January. A credit will be applied to
the total cost of the building permit fee using the ENR-BCI should the ENR-BCI increase.
(2) Surcharges. For all permits issued, the building department will collect the following surcharges
for the State of Florida, Miami -Dade County and other city departments:
a. State of Florida surcharges.
1. State of Florida Department of Business and Professional Regulation (DBPR).
2. State of Florida Building Code Administrators and Inspectors (BCAI).
b. Miami -Dade County Code compliance surcharges.
c. City solid waste surcharge.
1. Residential. $0.22 per $100.00 of the estimated cost of construction with a minimum
fee of $26.00 and a maximum fee of $600.00.
2. Commercial. Permits for all building a surcharge of two and one-half percent of the cost
of construction with a minimum of $57.00 and a maximum of $10,500.00.
3. Exemptions. The following are exempt from this surcharge: signs, landscaping,
elevators, revisions, subsidiary permits, roofing, awning, windows and doors, shed,
flooring, driveways, solar panel installations, and any affordable housing permit that the
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city director of community development exempts in writing prior to the issuance of the
permit.
4. Automatic deferral. The city manager, or his/her designee, shall defer the surcharge for
affordable housing developments and workforce housing developments for as long as
the development remains affordable or workforce housing. The permit applicant shall
provide the city the community redevelopment agency board's resolution approving or
authorizing the project and a covenant running with the land, or a deed restriction, which
ensures that the development conforms to the requirements of an affordable housing
development or workforce housing development. Upon the project ceasing to be an
affordable housing development or a workforce housing development, the solid waste
surcharges that were deferred shall become due and payable to the city within 30 days.
d. City energy conservation surcharge.
1. This charge encompasses energy conservation plan review and field inspections for
such energy conservation.
2. For each square foot of new construction or an addition, $0.11.
Miscellaneous permits and inspections fees.
a. Private provider fee. When a property owner uses the services of a licensed private company
for plan review and inspections services (a private provider under F.S. § 553.791), the fee
will be assessed as a regular building permit with a credit of one-third of the original
building/trade permit fee line. If only the plan review or the inspections are done by the private
provider, then the fee will be one-half of the one-third credit stipulated above.
b. Dry run/upfront fees. At the time of issuance of the permit application process number
assigned by the building department, the projects will be charged $2.80 per $1,000.00 of the
estimated construction value. Eighty percent of the total collected amount for this item, will
be credited towards the building permit fee line when issued. No credit will be issued if there
is no issuance of a permit, a substantial design is submitted, or the permit is not issued after
180 days of the last review. Dry run and upfront fees are not refundable, however they will
be fully credited towards the cost of the building permit.
c. Joint plan reviews. Each meeting with city staff, $276.00.
d. Revision of plans and re -works. Revision of plans (per discipline) and reworks, after the
second review, $56.00.
e. 40/50 year recertification. Recertification of buildings are required pursuant to the
requirements of the Miami -Dade County Board of Rules and Appeals (BORA) standing
order, and Miami -Dade County Code Chapter 8. Recertification review for compliance with
40/50 year recertification, $276.00 fee. Any extension request by the owner of a property
after receipt of a notification letter from the city that the property must prove they are in
compliance with the 40/50 year recertification will be assessed a $500.00 for each additional
three-month extension, with a maximum of two possible extensions after the original
notification letter.
f. Permit by affidavit, and legalization of existing structures. The permits issued by affidavit and
legalizations of structures built without permits before the year 2002, will be charged a fee
of $250.00, in addition to any other applicable enforcement fee, building and trade permit
fee. For those structures built after 2002, they will be charged with a double permit fee and
fine where applicable using subsection 10-4(b)(1) above.
Annual facility permit fee. These permits will be issued with a two percent fee based on the
intended annual work schedule cost per building or trade.
h. Commercial engineered or structural glazing and curtain walls. A $150.00 fee for compliance
with the recertification, every six months for the first year after receiving the certificate of
g.
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occupancy (C.O.), and a fee of $300.00 every five years after that date in accordance with
the Florida Building Code.
i. Certificate of occupancy (C.O.) and certificate of compliance (C.C.). In accordance with the
requirements of the Florida Building Code.
1. Residential (single family/duplex, triplex or multifamily condominium): $105.00 per unit.
2. Commercial (including multifamily rentals): $0.10 per square feet of space with a
minimum of $250.00 for a C.O. and $150.00 for a C.C.
j.
3. Extensions of T.C.O. or T. C.C.: The T.C.O. or T.C.C. can be extended two times at the
same original rate charged for a period of 90 days; if further extensions would be
required, they shall be charged at a rate equal to 50 percent of the building/trade permit
line.
Expired and inactive permit applications (NAC). For those expired applications where 180
days have passed from the original application date, in accordance with the Florida Building
Code (FBC105.13), the building official may extend for periods not exceeding 90 days the
expiration date, if requested by the applicant in writing, explaining the need and
circumstances for the extension. Every extension will be charged $100.00 for residential
single family, duplex/triplex and $500.00 for commercial and multifamily applications. For
those inactive applications (NAC), if authorized by the planning director, they will be
reactivated in the system after payment of a $1,500.00, fora period of six additional months.
If a permit is not obtained and construction starts within this extension time, the process
number will be voided and the applicant will need to re -apply for a new application number.
All fees are non-refundable if the process number is voided.
k. Expired/completion permits. Any building/trade permit may be extended once by the building
official if requested prior to the permit expiration date. If the building/trade permit is expired,
a completion permit will be required.
1. Extension of permit: $100.00.
2. Completion of any type of permit: For the first $1,000.00 of value of the remaining work,
$32.00, plus any additional $1,000.00 or fraction, $16.00.
I. Re -inspection fees. Re -inspection fees will be charged in instances where the inspector is
scheduled to visit a site, and any of the included, but not limited to the following issues occur:
a contractor or builder owner receives a rejection of an inspection because a notice of
commencement is not posted at the site and a copy is not provided to the inspector; the
wrong address was given to visit the site to inspect; work was incomplete or not ready for
inspection; the corrections given in the previous inspections were not completed; the
approved set of plans or required certifications are not at the site; or no arrangement was
made to allow the inspector to gain entry to the area of inspection, a fee of $57.00 will be
assessed and no further inspections will be scheduled until the re -inspection fee is paid.
m. Expedited plans review of green building permit applications. Green buildings are defined
as those with resource efficient design, construction, and operation by employing
environmentally sensible construction practices, systems, and materials and defined as
residential or commercial buildings that are registered Leadership in Energy and
Environmental Design ("LEED") projects, or any equivalent Green rating system. LEED is
defined as the most recent Leadership in Energy and Environmental Design Rating System
of the U.S. Green Building Council. Expedited priority review of permit applications shall be
defined as those to be reviewed prior to non -green building applications, in the order
received, within the building permit review process. A non-refundable deposit, described in
subsection 10-4(b)(3)m.2.iv. below will be required.
1. Green buildings eligible for priority permitting will be:
i. For buildings in excess of 50,000 square feet, and that exceed the requirements of
LEED Silver certification.
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ii. For buildings below 50,000 square feet, and that meet or exceed the requirements
for any level of LEED certification.
2. To qualify for expedited priority review and approval of permit applications, buildings
meeting the criteria above must submit to the building department:
i. A LEED registration form;
ii. A LEED scorecard indicating all expected rating points;
iii. The name and contact information for a LEED accredited professional on the
project team; and
iv. A non-refundable deposit of $500.00.
n. Expedited process of special projects. A "special project" is defined as a project having a
development order, or any other project as determined by the city manager, or the building
official, as having special interest to the city. The expedited service will cover the following
disciplines: building, structural, mechanical, plumbing, electrical, elevator and gas. Outside
source review will be the preferred method.
1. Outside source review fee: Actual cost plus ten percent. This ten percent is the
administrative fee to cover the cost of the processing.
2. In-house review fee: $276.00. Fee is per discipline, with a maximum of two reviews per
fee, per discipline.
o. Application fee. All permits will be charged a non-refundable $40.00 application fee.
p. Change of architect, engineer, or contractor for any type of permit. $100.00.
q. Recertification of plans and revised plans fee, and permit card replacement.
1. When plans are lost by the owner or contractor, a recertification fee is required for a
new set of plans: Thirty percent of the original fee.
Minimum fee for residential/commercial uses: $100.00.
2. Revised plans and shop drawings (after approval of initial plans):
Per sheet revised and reviewed: $20.00.
Minimum fee: $100.00.
Maximum fee: $5,000.00.
3. Replacement of lost permit card or replacement or duplication of plans (per sheet):
$17.00.
r. Administrative services fees.
1. Computer print-out of property information, permits, inspections, etc.: $2.00 per sheet.
2. File search for every request of building department services, including notice of
violations: $44.00.
3. Notarization of any document, including building permit application: $2.00.
4. Sending and receiving faxes (not related to the permitting process):
i. Local, per page: $2.00.
ii. Long distance, per page: $2.50.
5. City certification of plans: Cost of reproduction of plans plus $1.00 per page.
6. Folio change: $26.00.
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s. Refunds, time limitations, revocation, etc. The fees charged pursuant to this section, provided
the same are for a permit required by the Florida Building Code, may be refunded by the
building department director, subject to the following:
1. No refunds shall be made where any work has commenced, except where duplicate
permits are issued for the same work, in which case a refund in accordance with
subsection 4. below may be granted to the original permit holder providing that the
duplicate permits were issued within 90 days of each other and the request for the
refund is received within 90 days of the issuance of the latter permit.
2. No refunds shall be made where a permit has become void or revoked as provided by
paragraph 304.3(a) of the Florida Building Code.
3. No refunds shall be made on permit fees of $110.00 or less.
4. Refunds on permits or any item thereon, will be on a basis of 50 percent of the balance
over $110.00; such refunds shall be made to the closest dollar.
5. Bonds may be required for unfinished work on temporary certificates of occupancy
(T.C.0). The amount is to be established by the chief of the section(s) involved and
shall be 100 percent of estimated cost of the required work. Cash bond will be refunded,
less $100.00 or other bonds discharged, upon completion of required work by owner.
i. Methods for placing bonds may be:
1. Surety company issuance of bond.
2. Cash bond. Payable by cash, or certified cashier's check. A copy of signed
contract with a contractor to do the work is also required.
3. Letter of credit from a guaranteed insured state certified bank. The letter shall
indicate the purpose of the line of credit. A copy of signed contract with a
contractor to do the work is also required.
ii. If work is done within specified time, the city will proceed to have the work done (1)
through the bonding company if Method No. 1. was used; (2) through the
contractor specified in the contract if Method No. 2 or Method No. 3 was used,
using the proceeds from the cash bond or from the bank letter of credit.
(4) Building department enforcement fees. In compliance with the Florida Building Code, National
Electrical Code, and Miami -Dade County Code Chapter 8, the following expenses will be
recovered from necessary building department enforcement and/or demolitions:
a. Initiation and processing fee for all work without a permit and all unsafe structures cases
after being given 90 days to comply: $500.00.
b. Digital pictures: $1.00 each.
c. Additional inspection of open non -compliant cases after being given 90 days to comply:
$150.00.
d. Posting of notices: $50.00.
e. Unsafe structures panel fee: $200.00.
f. Title search will be charged: Actual cost.
g.
h.
Court reporting will be charged: Actual cost.
Legal advertisement will charged: Actual cost.
i. Lien/recordation/cancellation of notices -each will
administrative fee per every ten pages.
j. Bid processing fee and contractor notice to proceed
be charged actual cost plus a $1.00
(NTP) administrative cost: $150.00.
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(5)
k. Demolition/secure services will be charged actual cost.
I. Asbestos and lead environmental sampling and abatement: Actual cost.
m. Corporate information and lenders search: $25.00.
n. Extension fee (90 days, one time extension only): $150.00.
Waiver of permitting fees. All city building permit fees related to the installation of solar panels
are hereby waived for residential and commercial properties. The building department will process
all building permit applications for solar panels within three business days. This waiver does not
include any surcharges, fees or costs required by federal, state or county governments.
(Ord. No. 11633, § 2, 3-31-98; Ord. No. 11725, § 1, 11-17-98; Ord. No. 12030, § 2, 3-8-01; Ord.
No. 12155, § 1, 11-15-01; Ord. No. 12237, § 1, 6-13-02; Ord. No. 12663, § 1, 3-10-05; Ord. No.
12978, § 2, 5-8-08; Ord. No. 13108, § 3, 10-8-09; Ord. No. 13200, § 2, 9-27-10; Ord. No. 13313,
§ 2, 2-23-12; Ord. No. 13391, § 2, 6-13-13; Ord. No. 13630, § 2, 9-8-16; Ord. No. 13658, § 2, 2-
9-17)
Sec. 10-5. - Waiver and deferral of fees and senior citizens waiver.
(a) The fees required under this article may be waived by the city manager for entities and agencies of
the city.
(b) The city manager is authorized, and shall, upon a properly submitted application, defer those fees
required pursuant to this article, except for those surcharges listed in subsection 10-4(b)(2) of the City
Code, as amended, for extremely low income affordable housing, as defined annually by the United
States Department of Housing and Urban Development and as determined by the department of
community and economic development. Applicants for such deferrals shall utilize the same petition
process and covenant requirement as the affordable and workforce housing impact fee deferral
program described in sections 13-8 and 13-16 of the City Code, as amended. The fees deferred
pursuant to this article shall remain deferred so long as the property or extremely low income housing
units, as applicable, do not change affordability status. Fees deferred under this section shall be due
and payable for those properties that no longer qualify as extremely low income affordable housing as
determined by the department of community and economic development. The covenant required by
this section shall at a minimum:
(1) Run with the land;
(2) Clearly explain the rights and obligations of building unit(s) owner(s) to maintain the same as ELI
affordable housing; and
Provide remedies for the city to secure the owners obligations under this section.
(3)
For projects that do not exclusively contain extremely low income housing units, deferral of fees shall
be on a pro-rata basis utilizing the percentage of extremely low income housing units as compared to the
number of total residential units. In no event shall this deferral program exceed $250,000.00 in total deferred
fees each fiscal year. Any individual application for deferral that would exceed said limitation shall be denied
only as to the portion thereof that would exceed said limitation.
(c) Notwithstanding any provisions of this Code or the Florida Building Code to the contrary, all fees and
charges assessed by the city departments, including impact fees, which are required to be paid as a
condition of the issuance of a building permit, shall not be charged if all the following conditions are
met for senior citizens:
(1) The permit to be obtained will correct a violation for work without permit or for work with an
expired permit for which the property owner has been cited by code enforcement or any section
of the building department.
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(2) The work performed without a permit commenced prior to March 1, 2002 (Florida Building Code
entered in effect March 1, 2002), or the permit which expired was issued under the South Florida
Building Code.
The work for which the building permit is requested is for an improvement to a single-family or
duplex residence, townhouse or condominium which is occupied by the property owner who is a
senior citizen and who has had a valid homestead exemption for the past five years for that
property.
(4) If the property is owned by more than one person each must qualify for the senior citizen
exemption, except if the joint owners are married, only one of the owners must meet the
qualifications for the senior citizen exemption.
(d) Each development department will track the amount of permit fees and charges affected by this
exemption each fiscal year. The general fund shall reimburse each of the development departments
the amount of permit fees and charges exempted as part of the following fiscal year's budget.
(e) This subsection is not intended to waive any permit fees or charges assessed by the departments of
the state, the county or federal government.
(3)
(Ord. No. 11795, § 2, 5-11-99; Ord. No. 12834, § 2, 9-12-06; Ord. No. 12950, § 2, 10-25-07;
Ord. No. 13009, § 2, 7-10-08; Ord. No. 13313, § 2, 2-23-12; Ord. No. 13595, § 2, 2-11-16)
Editor's note— Ord. No. 13313, § 2, adopted February 23, 2012, changed the title of section 10-
5 from "Waiver of fees" to "Waiver of fees and senior citizens waiver." The historical notation
has been preserved for reference purposes.
Sec. 10-6. - Elevator/escalator fees and fines for non-compliance.
(a) Fees.
Certificate of operations: $200.00 per elevator/escalator
Elevator/escalator duplicate certificate: $100.00 per elevator/escalator
Elevator/escalator delinquent certificate: $50.00 per elevator/escalator
Temporary certificate of operations: $100.00 per elevator/escalator
Elevator/escalator annual inspection: $200.00 per elevator/escalator
Elevator/escalator re -inspection fee: $100.00 per elevator/escalator
Elevator witness:
One-year test: $200.00
Five-year test: $250.00
Elevator emergency power/fire recall test: $1,000.00 per test
Elevator/escalator removal fee: $500.00 per elevator/escalator
(b) Fines for non-compliance.
Elevator/escalator non-compliance fines:
First offense: $250.00 per elevator/escalator
Second offense: $500.00 per elevator/escalator
Third offense: $1,000.00 per elevator/escalator
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(Ord. No. 13365, § 2, 3-14-13)
Sec. 10-7. - Minimum requirements for contractors.
Prior to the issuance of a building permit for a structure to be built, constructed, or demolished, except
for city unsafe structure demolitions, the contractor for such construction or demolition shall, prior to the
commencement of any work, sign a contractors code of ethics which shall be affixed to the building permit
and shall read in substantially the attached form:
1. I will be fair, honest, impartial, respectful and professional, and act in good faith in all my business
relationships with my clients and the public, including employees, subcontractors and suppliers.
2. I will always act in the interests of the client unless doing so violates an ordinance, statute or this
Code of Ethics.
3. I will not discriminate in any business activities on the basis of race, national origin, religion,
gender, sexual orientation, familial status or handicap, and will comply with all federal, state and
local laws concerning discrimination and fair housing.
4. I will be truthful regarding my training, experience, qualifications and services.
5. I will be truthful regarding my licenses and certifications, and will provide documentation upon
request.
6. I will be truthful regarding my bonding and insurance coverage.
7. I will accept only assignments and projects for which my skills and licensing are commensurate.
8. I will uphold and comply with all applicable statute, laws, ordinances, codes, and professional
licensing requirements of the jurisdiction in which I conduct business, especially those related to
safety.
For any lot or site on which a structure is being built, constructed, or demolished, except for city unsafe
structure demolitions, the contractor for such construction or demolition, prior to the commencement of any
work, shall provide the following:
(a) A posted notice, not to exceed four square feet, attached to a temporary construction fence, or
staked into the ground, and visible from the public right-of-way, at a minimum 168-point type that
shall read in substantially the attached form:
THIS IS AN ACTIVE CONSTRUCTION SITE. THE CONTRACTOR IS [insert contractor].
FOR ANY COMPLAINTS OR CONCERNS PLEASE CALL [insert telephone number] OR E-
MAIL [insert e-mail address].
A contractor may incorporate this required language into an already existing sign at the lot or site
provided the requirements above are followed.
(b) The contractor, if a corporate entity, shall provide its registered name, and not a fictitious name
on the notice.
(c) The telephone number provided must be active and answered by a live person from 9:00 a.m. to
5:00 p.m. on weekdays, or at any time during active construction activity, whichever is greater.
(d) The e-mail address provided must be active and all complaints or concerns regarding the site
acknowledged within 24 hours of receipt.
(e) Enforcement of this section shall be as proscribed by chapter 2, article X, Code enforcement,
and any other remedies as provided by law.
(Ord. No. 13569, § 1, 10-22-15)
Page 10
Secs. 10-8-10-20. - Reserved.
ARTICLE II. - EXTERIOR FACADE CODE
Sec. 10-21. - Title.
This chapter shall be known and may be cited as the "City of Miami exterior facade code for residential
and commercial properties."
(Ord. No. 11603, § 2, 1-27-98)
Sec. 10-22. - Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have
the meaning given in this section, unless the context clearly indicates that another meaning is intended.
When not inconsistent with the context, words used in the present tense include the future, words in the
plural number include the singular number, and words in a singular number include the plural number. The
word "shall" is always mandatory and not merely directory.
Event shall, for the purpose of this chapter, mean any media related occurrence such as photo shoot,
movie shoot, video shoot or other similar happening.
Fire Station No. 2 Motion Picture and Media district shall mean and is designated as that area bounded
by Northeast 15 th Street on the north, the FEC right-of-way on the west, 1-395 on the south, and Northeast
1 stAvenue on the east.
Media district shall be defined as an area within the city which is designated as being of aesthetic
value for the media/entertainment industry.
Nonresidential/commercial property means any business or establishment of any nature or kind
whatsoever other than a residential unit as defined in the zoning ordinance.
Residential property shall include any and all property of a residential use or nature as defined in the
zoning ordinance.
Zoning ordinance shall mean the City of Miami Zoning Ordinance No. 11000, as amended.
(Ord. No. 11603, § 2, 1-27-98; Ord. No. 12052, § 2, 4-26-01; Ord. No. 12207, § 1, 4-11-02)
Sec. 10-23. - Conditions of nonresidential/commercial properties.
The exterior of all commercial property shall be maintained so as to prevent deterioration or blight from
inadequate maintenance.
(1) All exterior building surfaces shall be free of chipping, pitting, cracking, peeling, fading or
discoloration.
(2) All exterior signs shall be in good repair and free of chipping, pitting, cracking, peeling, fading or
discolorations. Lighted signs shall have all lights working.
(3) Doors and windows shall be free of cracked or discolored glass or corroded frames.
(4) All awnings shall be without tears and holes and be free of dirt, discoloration, fading or cracking.
Any lettering or painted surfaces on awnings shall conform to subsection (2) above. All hardware,
supports and poles shall be straight, free of rust, and if painted shall be free of chipping, pitting,
cracking, peeling, fading or discoloration, and in good condition.
Page 11
(5)
All building surfaces shall be free of any advertising signs, or posters, painted or attached to the
walls unless a permit has been acquired.
(6) If any commercial property is vacant for more than 15 days, all glass surfaces visible to the public
shall be kept clean and the interior of such vacant store shall be screened from public view in one
of the following ways until the property is occupied:
a. All glass surfaces visible to the public shall be covered with white 60-pound weight paper.
b. Decorative displays of merchandise currently available within the city, merchandise of the
future tenant of the vacant store, public service displays or festival and current holiday
displays extending as much as three feet into the vacant store shall be located in display
windows, provided that screening of the remainder of the vacant store shall be placed
immediately behind the decorative display. All sidewalk overhangs attached to commercial
buildings shall be structurally sound and free of rust, discoloration, peeling, chipping,
cracking, fading, sagging or dirt. All lettering or signage on overhangs shall conform to the
requirements provided in subsection (2) above.
Construction sites shall provide temporary fencing to secure the site during construction and
non -construction hours to mitigate the effects of vagrant activity, noise and dust upon the
surrounding community.
"Construction sites" shall include all sites where demolition (except city unsafe structures
demolitions), new construction take place, other than just interior work which is not visible to the
exterior of the premises. This shall not include affordable housing residential units as defined by
the United States Department of Housing and Urban Development for rental projects and the city
first-time homebuyer program using the area media income as published annually by the state
housing finance corporation for homeownership projects.
(7)
"Secure," as applied to site access, includes protecting the construction site, during construction
and non -construction hours by way of a locked fence surrounding the perimeter of the site. These
sites must also have posted and visible "No Trespassing" signs:
a. If any commercial property is vacant for more than 15 days, all glass surfaces visible to the
public shall be kept clean and the interior of such vacant store shall be screened from public
view in one of the following ways until the property is occupied.
b. All glass surfaces visible to the public shall be covered with white 60-pound weight paper.
c. Decorative displays of merchandise currently available within the city, merchandise of the
future tenant of the vacant store, public service displays or festival and current holiday
displays extending as much as three feet into the vacant store shall be located in display
windows, provided that screening of the remainder of the vacant store shall be placed
immediately behind the decorative display. All sidewalk overhangs attached to commercial
buildings shall be structurally sound and free of rust, discoloration, peeling, chipping,
cracking, fading, sagging or dirt. All lettering or signage on overhangs shall conform to the
requirements provided in subsection (2).
(8) Signage. A sign shall be placed on the construction site with the following language:
"This area is a designated construction site. Anyone who trespasses on this property commits a
third degree felony pursuant to Florida Statutes 810.09."
(Ord. No. 11603, § 2, 1-27-98; Ord. No. 12930, § 2, 7-10-07)
Sec. 10-24. - Conditions of residential properties.
The exterior of every structure used for human habitation shall be so maintained with reasonable
attractiveness so as not, in the case of scaling of paint or excessive mildew, to cause or contribute to a
depreciation in property values in the immediate neighborhood.
Page 12
The exterior wall surfaces shall be kept free from materials, objects, and conditions which will
have an adverse effect on adjacent premises.
All exterior building surfaces shall be free of chipping, pitting, cracking, discoloration, peeling or
fading.
All awnings shall be without tears or holes and be free of dirt, discoloration, fading or cracking.
All walls or fences shall be maintained in good condition, free of cracking, discoloration, peeling
or fading.
All awnings, walls or fences shall be kept free of debris, clothes, and/or any other material that
may have an adverse effect on adjacent properties.
(Ord. No. 11603, § 2, 1-27-98)
Sec. 10-25. - Enforcement.
All violations of this chapter shall be subject to enforcement as set forth in chapter 2, article X, entitled
"Code Enforcement," and may be brought for further proceedings before the Code Enforcement Board.
(Ord. No. 11603, § 2, 1-27-98)
Sec. 10-26. - Exceptions.
The restrictions as set forth herein, may be modified by the director of the department of planning and
zoning, subject to the issuance of a Class II Special Permit as required by Zoning Ordinance No. 11000,
as amended, the Zoning Ordinance of the City of Miami, for properties Tying within a designated media
district. In determining the issuance of a Class II Special Permit, the director shall review and make findings
based upon the following criteria:
(1) The structure/building is of significant value to the media district; and
(2) The Class II Special Permit shall expire one year after its issuance; annual renewals shall be
required; and
(3) The application fee for the Class II Special Permit shall be $420.00; and
(4) The owner of the property shall comply with the following:
a. The owner shall submit an engineering report, certifying that the subject structure is safe for
the public and safe for the limited use of the media industry; and
b. Provide insurance coverage holding the city harmless from any liability, as required by the
risk management division; and
c. Events, as required by the Class II Special Permit; and
d. Any other requirement that the director of planning and zoning may deem necessary for the
safety of the proposed use and the public; and
The director of planning and zoning shall review and approve any proposed aesthetic changes
or modifications to the structure which are visible from the public right-of-way.
Such finding shall be incorporated as part of the final decision of the Class II Special Permit. Decisions
of the planning and zoning director are final, unless appealed according to the procedures set forth in article
18 of the Zoning Ordinance No. 11000, as amended, the zoning ordinance of the city.
(5)
(Ord. No. 12052, § 2, 4-26-01; Ord. No. 13142, § 5, 2-11-10)
Page 13
ARTICLE III. - LEAD -BASED PAINT ON BUILDING EXTERIORS
DIVISION 1. - WORK PRACTICES FOR EXTERIOR LEAD -BASED PAINT
Sec. 10-27. - Definitions.
Accredited laboratory means a laboratory, which operates within the EPA National Lead Laboratory
Accreditation Program.
Adjacent properties means properties that adjoin the regulated area of the property in question,
including at the corners of lot lines.
Certified means a process used by the state and/or Miami -Dade County DERM and the US
Environmental Protection Agency (EPA) to identify individuals who have completed training and other
requirements to permit the safe execution of lead risk assessments and inspections, or lead hazard
reduction and control work. Certified includes current "interim certification" by DHS, unless and until this
status is modified by state legislation.
Containment barriers means measures that prevent the migration of lead paint contaminants.
Containment barriers shall be at least as effective at protecting human health and the environment as those
contained in the most current HUD guidelines.
Contractor means any person, whether or not in possession of a valid state contractor's license, which
undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to,
or does by himself or herself or by or through others, any action that may or will disturb or remove paint.
For purpose of this chapter, contractor shall also include subcontractors.
Disturb or remove paint" means any action that creates friction, pressure, heat or a chemical reaction
upon any lead -based paint on an exterior surface so as to abrade, loosen, penetrate, cut through or
eliminate paint from that surface. This term shall include all demolition and surface preparation activities
that are performed upon an exterior surface containing lead -based paint.
Exterior means the outside of a building or steel structure and the areas around it within the boundaries
of the property, including the outside of any detached structures, including but not limited to, outside and
common walls, stairways, fences, light wells, breezeways, sheds and garages.
HEPA means a high efficiency particulate air filter.
HUD guidelines means the most recent "Guidelines for Evaluation and Control of Lead -Based Paint
Hazards" promulgated by the United States Department of Housing and Urban Development (HUD).
Landlord means an owner, lessor, or sublessor who receives or is entitled to receive rent for the use
or occupancy of any commercial or residential rental property in the city, and the agent, representative or
successor of any of the foregoing.
Lead means metallic lead and all inorganic and organic compounds of lead.
Lead -based paint or lead paint means any paint, varnish, shellac or other coating on surfaces with
lead in excess of 1.0 mg/cm2 (milligrams per square centimeter) as measured by x-ray fluorescence (XRF)
detector or laboratory analysis or in excess of 0.5 percent by weight, also expressed as 5,000 ppm (parts
per million), 5,000 pg/g (micrograms per gram), or 5,000 mg/kg (milligrams per kilogram) as measured by
laboratory analysis.
Lead -based paint testing means testing of surfaces to determine the presence of lead -based paint
performed by an independent certified risk assessor/inspector, in accordance with the HUD guidelines, and
where testing includes bulk paint samples, such an accredited laboratory analyzes samples.
Page 14
Lead -contaminated dust means surface dust that contains an area or mass concentration of lead in
excess of 100 pg/ft 2 (micrograms per square foot) on uncarpeted floors, 500 pg/ft 2 on interior window sills,
and 800 pg/ft ton exterior window sills and exterior horizontal surfaces.
Lead dust testing means tests conducted in accordance with the most recent federal guidelines to
determine the presence or absence of lead -contaminated dust within a defined area.
Lead -contaminated soil means areas that contain total lead in excess of 400 ppm (parts per million) in
bare soil.
Lead soil testing means tests conducted in accordance with the most recent federal guidelines to
determine the presence or absence of lead -contaminated soil within a defined area.
Lead paint contaminants means substances containing lead paint which are potentially hazardous to
human health or the environment, including but not limited to paint chips and paint -containing soil, debris,
dust, abrasives, fumes and water.
Owner means the owner of a property or the owners authorized agent.
Person means a natural person, his or her heirs, executors, administrators or assigns, and also
includes a municipal or state agency to the extent allowable by law, a firm, joint stock company, business
concern, association, partnership or corporation, its or their successors or assigns, or the agent of any of
the aforesaid.
Prohibited practices means work practices prohibited under this chapter.
Responsible party means either:
(1) The owner of the property where the owner or the owners employees or persons otherwise
under the control of the owner are performing the activities regulated under this chapter, or
(2) The owner and the contractor where the owner has entered into a contract with another to carry
out (contractor is performing) the activities regulated under this chapter.
Regulated area means an area in which work is being performed that disturbs or removes paint, and
to which access is restricted in order to prevent migration of paint contaminants. Regulated area shall also
include any area contaminated with lead paint contaminants as a result of a breach or lack of containment
barriers or a violation of the containment requirement set forth in this chapter.
Steel structure means any structure that is not a building and which has exterior surfaces made of
steel or other metal, such as bridges, billboards, walkways, water towers, steel tanks and roadway or railway
overpasses.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-28. - Prohibitions.
No person shall disturb or remove lead paint, or in any other way generate lead paint contaminants
during demolition or work on the exterior of any existing (residential, commercial or public) building(s) or
steel structure, except in accordance with the requirements of this chapter.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-29. - Exemptions.
This chapter shall not apply to activities that disturb or remove paint where those activities are being
performed on buildings or steel structures on which construction was completed after 1950, or on new
construction. For purposes of this chapter, all paint on the exterior of any building or steel structure on which
the original construction was completed prior to December 31, 1950, shall be presumed to be lead -based
paint. Any person seeking to rebut this presumption shall establish through lead -based paint testing, or
Page 15
other means satisfactory to the city, that the paint on the building or steel structure in question is not lead -
based paint.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-30. - De minimis notification exemption.
Any person performing work subject to this chapter who disturbs or removes less than ten square feet
of lead -based paint in total shall not be required to comply with the notification requirements set forth in this
chapter.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-31. - Containment barriers.
Any person performing work subject to this chapter shall establish containment barriers at least as
effective at protecting human health and the environment as those contained in the HUD guidelines or the
lead paint removal guide published by the steel structure painting council, whichever is applicable.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-32. - Prohibited practices.
No person performing work subject to this chapter shall use prohibited practices, including but not
limited to
(1) Acetylene or propane burning and torching;
(2) Scraping, sanding or grinding without containment barriers or a HEPA local vacuum exhaust
tool;
(3) Hydroblasting or high-pressure wash without containment barriers;
(4) Abrasive blasting or sandblasting without containment barriers or a HEPA local vacuum exhaust
tool; and
(5) Heat guns operating above 1,100 degrees Fahrenheit.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-33. - Migration.
Any person performing work subject to this chapter shall make all reasonable efforts to prevent
migration of lead paint contaminants beyond containment barriers during the course of the work.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-34. - Visible lead paint contaminants.
The responsible party performing work subject to this chapter shall make all reasonable efforts to
remove all visible lead paint contaminants from all regulated areas of the property prior to completion of the
work.
(Ord. No. 12804, § 2, 5-11-06)
Page 16
DIVISION 2. - NOTIFICATION REQUIREMENTS
Sec. 10-35. - Notifying bidders.
In any instance where an owner or a contractor is requesting bids for work subject to this chapter, the
owner or contractor shall notify all bidders of any paint inspection reports disclosing the presence (or
absence) of any lead -based paint in the regulated area of the proposed project.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-36. - Contents of notice.
Prior to the commencement of work expressly subject to this chapter, the responsible party (owner or
contractor) shall provide written notice to the NET office of the following:
(1) The location of the project;
(2) The (nature and approximate square footage of the painted surface being disturbed and/or
removed)) scope of work;
(3) The methods and tools for paint disturbance and/or removal;
(4) The approximate age of the building;
(5) The anticipated job start and completion dates for work subject to this chapter;
(6) Whether the responsible party has reason to know or presume that lead -based paint is present;
(7) Whether the building is residential or non-residential, and whether it is owner -occupied or rental
property, and the approximate number of dwelling units, (if any), on the property;
(8) The dates by which the responsible party has or will fulfill any tenant or adjacent property
notification requirements as described in the applicable sections of this chapter below;
(9) The name, address, telephone number, and
(10) If available, pager number, of the party who will perform the specified work.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-37. - Contents of notice.
The city shall make available to the public a form that complies with the requirements of section 10-36
and contains blank spaces for the required information.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-38. - Notice (by landlord) to tenants.
Where (the responsible party is a landlord, a person or persons in the employ of a landlord, or where
a landlord has entered into a contract with a contractor to perform work subject to the requirements of this
chapter) work subject to this chapter is to be performed on a residential property occupied by one or more
tenants, not less than three business days before the work is to commence, the landlord shall provide
written notice to the tenant(s) of the building on which the work is being performed that lead -related work is
Page 17
being performed. This notice shall be in the form of a sign, letter or memorandum, and shall prominently
state the following:
"Work is scheduled to be performed on this property starting [date]. This work may Disturb or Remove
Lead -Based Paint. The persons performing this work are required to follow federal, state and local
laws regulating work with Lead -Based Paint. You may obtain information regarding these laws, or
report any violation concerning these laws, by calling your local City of Miami NET Office. The Owner
of this property is also required to provide tenants with a copy of the U.S. Environmental Protection
Agency pamphlet entitled Protect Your Family From Lead -Based Paint in Your Home."
The city shall make available to the public a form containing this required information in English,
Spanish and Creole.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-39. -Availability of pamphlet.
The owner shall provide to all tenants in the building, the U.S. Environmental Protection Agency
pamphlet entitled Protect Your Family From Lead -Based Paint in Your Home, except that an owner
(landlord) shall not be required to comply with this requirement with respect to tenants to whom the owner
(landlord) has previously provided a copy of the pamphlet.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-40. - Notice of lead -contaminated dust or soil.
Except as may be otherwise inconsistent with state law, any property owner who has performed lead
dust testing or lead soil testing in a regulated area shall provide written notice to tenants of the property of
the presence of any lead -contaminated dust or lead -contaminated soil verified by the test results within five
business days of receipt of written results. The city shall make available to the public a form that complies
with the above requirements and restates the generic information required by the notice in English, Spanish
and Creole.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-41. - Removal of notice of lead -contaminated dust or soil.
The owner may remove such signs when:
(1) All visible lead paint contaminants have been removed from the regulated area in accordance
with this chapter, prior to the completion of the work, or
(2) Upon receipt of results of additional lead dust or lead soil testing indicating that no lead -
contaminated dust or lead -contaminated soil remains in the regulated area.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-42. - Authority of the building official to sample.
The city and the building official of the department of public health may also collect paint, dust, and
soil samples from the property where the work is being performed and from adjacent properties in order to
determine whether the work is being carried out in accordance with the requirements of this chapter.
(Ord. No. 12804, § 2, 5-11-06)
Page 18
Sec. 10-43. - Enforcement in general.
The city is authorized to make use of all enforcement authority authorized by law, including, but not
limited to, the authority set forth in sections 1-13 and/or 10-25 to enforce against any violation of this
chapter. Where the owner and the contractor are both responsible parties, the city may proceed against
either the owner or the contractor, or against both. The city is further authorized, pursuant to chapter 2,
article X, following issuance of a notice of violation, to require as a condition of resuming work, that the
responsible party conduct a special inspection by a certified risk assessor in order to establish that the
regulated area is in compliance with this chapter.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-44. - Stop work orders.
The city shall have the power to stop any work that is disturbing or removing lead paint or otherwise
generating lead paint contaminants in violation of this chapter or the construction, alteration or repairs of
any steel structure or building subject to the requirements of this chapter when such work is being done in
violation of any of the provisions of this chapter and to order all work to be stopped upon notice to any
persons engaged in the doing or causing such work to be done. The work shall be stopped immediately
and shall not be resumed without authorization.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-45. - No obligation by city.
In undertaking the enforcement of this article, the city is assuming an undertaking only to promote the
general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach
of which it is liable in money damages to any person who claims that such breach proximately caused
injury.
(Ord. No. 12804, § 2, 5-11-06)
Sec. 10-46. - Discretionary duty.
Subject to the limitations of due process, notwithstanding any other provision of this Code, whenever
the words "shall" or "must" are used in establishing a responsibility or duty of the city, its elected or
appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary
responsibility or duty requiring the exercise of judgment and discretion.
(Ord. No. 12804, § 2, 5-11-06)
Secs. 10-47-10-60. - Reserved.
ARTICLE IV. - REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES, AND
OF DEFAULTED MORTGAGED PROPERTIES
Footnotes:
--- (2) ---
Page 19
Editor's note— Ord. No. 13599, § 2, adopted April 14, 2016, changed the title of article IV from
"Registration of vacant, blighted, unsecured or abandoned structures" to "Registration of vacant, blighted,
unsecured or abandoned structures, and of defaulted mortgaged properties."
Sec. 10-61. - Intent.
The purpose of this article is to protect the public health, safety and welfare by:
(1) Establishing a program for identification and registration of vacant, blighted, unsecured and
abandoned structures.
(2) Establishing the responsibilities of owners of vacant, blighted, unsecured and abandoned
structures.
(3) Providing for administration, enforcement and penalties.
(4) Allowing the city police department to enforce the trespassing penalties described in F.S. §
810.08 on vacant, blighted, unsecured, and abandoned structures.
Providing a fair, equitable, and efficient method of allocating and apportioning the assessed
service costs, which constitute a special benefit to residential and commercial properties, among
property owners within the city.
(5)
(Ord. No. 13032, § 2, 10-16-08)
Sec. 10-62. - Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the
meanings indicated in this section:
Abandoned structures means a structure or building, as defined herein, or portion thereof, which may
have multiple housing, code enforcement and/or building code violations, or may be illegally occupied and
is:
(1) Unsecured;
(2) Unsafe as defined herein or as in the Miami -Dade County, Florida Code of Ordinances, Chapter
8 entitled Building Code, as amended;
(3) Condemned as defined by Miami -Dade County, Florida Code of Ordinances, as amended;
(4) Vacant for over a 30-day period of time, commencing with the date of city inspection and during
which time an order to correct violations, abate a nuisance, or remove an attractive nuisance has
been issued;
Vacant for over a 30-day period of time without evidence of functioning water, electric and/or gas
utilities;
(6) Boarded up, partially destroyed, or partially constructed or incomplete after the building permit
authorizing its construction has expired;
(7) Accessible to trespassers, criminals or other unauthorized persons; or
(8) Currently the subject of mortgage or tax foreclosure proceedings, delinquent in mortgage or tax
payments and vacant for at least 90 days.
Accessible property/structure means a property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached in such a way as to allow access to
the interior space by unauthorized persons.
(5)
Page 20
Approved materials means all city approved materials used to secure a structure.
Blighted property means:
(1) Structures that have broken or severely damaged windows, doors, walls, or roofs which create
hazardous conditions and encourage trespassing or malicious mischief;
(2) Structures whose maintenance is so out of harmony and conformity with the maintenance and
quality of adjacent or nearby properties as to cause substantial diminution in the use or property
value of such adjacent or nearby properties;
A structure defined as a public nuisance pursuant to section 46-1, as amended or pursuant to
state statute;
(4) Any individual, commercial, industrial, or residential structure or improvement that endangers the
public's health, safety or welfare because the structure or improvement upon the property is
dilapidated, deteriorated, or violates minimum health and safety standards, and lacks
maintenance as defined by the Florida Building Code; or
A structure which exhibits objectively determinable signs of deterioration sufficient to constitute
a threat to human health, safety, and public welfare.
Codes means all applicable codes, including but not limited to, National Fire Prevention Code, Florida
Building Code, the Miami -Dade County Code and the City Code.
Code violations means violations of any codes adopted and enforced by the city, which may include
but not be limited to, the National Fire Prevention Code, Florida Building Code, the Miami -Dade County
Code and the City Code.
Default means that the mortgagor has not complied with the terms of the mortgage on the property, or
the promissory note, or other evidence of the debt, referred to in the mortgage.
Enforcement officer means code enforcement inspector, building inspector, or manager's designee.
Foreclosure means the legal process by which a mortgagee, or other lien holder, terminates a property
owners equitable right of redemption to obtain legal and equitable title to the real property pledged as
security for a debt or the real property subject to the lien. This definition shall include, but is not limited to,
public notice of default, a deed -in -lieu of foreclosure, sale to the mortgagee or lien holder, certificate of title
and all other processes, activities and actions, by whatever name, associated with the described process.
The process is not concluded until the property obtained by the mortgagee, lien holder, or their designee,
by certificate of title, or any other means, is sold to a non -related bona fide purchaser in an arm's length
transaction to satisfy the debt or lien.
Local property management company means a property manager, property management company or
similar entity responsible for the maintenance and security of registrable property located within Miami -
Dade County or within 20 driving miles of the county limits. Upon review of credentials, the city, or its
designee, may allow a non -local property manager to be listed.
Manager shall mean the city manager of the City of Miami or the manager's authorized designee.
Mortgage servicer means a company to which some borrowers pay their mortgage loan payment and
which performs other services in connection with mortgages and mortgage -backed securities.
Mortgagee means the creditor, including but not limited to. trustees; mortgage service companies;
lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest;
or any assignee of the creditor's rights, interests or obligations under the mortgage agreement.
Annual registration means 12 months from the date of the first action that required registration, as
determined by the city, or its authorized designee, and every subsequent 12 months. The date of the initial
registration may be different than the date of the first action that required registration.
Applicable codes means the city's zoning ordinance, City Code, and the state and county building and
fire codes.
(3)
(5)
Page 21
Notice of lis pendens means the lis pendens as identified and described in F.S. § 48.23, as amended.
Owner means any person, legal entity or other party having any ownership interest in real property,
including but not limited to, owners identified on the blighted, unsecured or abandoned structures
registration form; or a purchaser, devisee, lessee, fiduciary, or holder of an unrecorded deed. This term
shall also apply to any person, legal entity or agent responsible for the construction, maintenance or
operation of the structure involved, as well any person, legal entity or agent authorized to initiate a
foreclosure or collection proceeding against the property, whether or not such proceeding has in fact been
initiated. This term shall not apply to the city.
Plan means a city approved proposal required to be submitted by the owner to bring a structure into
compliance pursuant to all applicable codes.
Property management company means a local property manager, property maintenance company, or
similar entity responsible for the maintenance of registrable property.
Registrable property means any real property located in the city, whether vacant or occupied by
trespassers or persons with no legal authority to be present on the property, that is encumbered by a
mortgage in default, for which a notice of lis pendens has been filed and recorded; is subject to an ongoing
foreclosure action by the mortgagee or trustee; is subject to an application for a tax deed or pending tax
assessors lien sale; or has been the subject of a foreclosure sale where the title was transferred to the
beneficiary of a mortgage involved in the foreclosure; and/or any properties transferred under a deed in lieu
of foreclosure/sale.
The designation of a "default/foreclosure" property as "registrable" shall remain in place until such time
as the property is sold to a non -related bona fide purchaser in an arm's length transaction or the foreclosure
action has been dismissed and any default on the mortgage has been cured. Non -related in this instance
shall mean not related by blood or marriage to the seller in terms of natural persons and not affiliated,
parent, or subsidiary companies, or a company with related natural persons as officers, directors, or as
owners of more than five percent of the stock or other equivalent ownership, in terms of a business entity.
Rental dwelling unit means any real property that is provided to an individual or entity for residential
purposes upon payment of rent or any other consideration in lieu of rent, regardless of relationship between
lessor and lessee.
Rental property means property that contains a single-family rental dwelling unit or multi -family rental
dwelling units for use by residential tenants including, but not limited to, the following: mobile homes, mobile
home spaces, town homes, and condominium unit(s).
Structure means a structure or building as defined by the Florida Building Code.
Unauthorized person(s) means a person or persons who do not have legal authority to be present on
the property such as a right of ownership or lease or similar agreement conveying a right of occupancy.
Unsafe structure means a structure or building which is potentially hazardous to persons or
surrounding structures, including, but not limited to:
(1) A structure which has collapsed, is in danger of partial or complete collapse, or unable to support
the weight of normally imposed loads;
(2) A structure with any exterior parts which are loose or in danger of failing;
(3) A structure which is vacant, unguarded and open at doors or windows;
(4) A structure with an accumulation of debris or other material therein representing a hazard of
combustion;
(5) A structure in a condition that creates hazards with respect to means of ingress and egress and
fire protection as provided herein for the particular occupancy;
(6) A structure or structural parts that are in deterioration;
(7) A structure that is partially destroyed;
Page 22
(8) A structure with electrical or mechanical installations or systems creating a hazardous condition
contrary to the standards of the Florida Building Code; or
A structure that by reasons of use or occupancy, the area, height, type of construction, fire -
resistivity, means of ingress and egress, electrical equipment, plumbing, air conditioning or other
features regulated by this Code do not comply with this Code for the use and group of occupancy.
Unsecured means an unoccupied structure or a structure without a lawful tenant or occupant which is
open to entry by unauthorized persons or covered with unapproved materials and that are not in conformity
with the nearby structures or materials not in compliance with the Florida Building Code.
Vacant means a structure that is unoccupied and is not actively used as a place of residence or
business. Actively used shall not include occupancy or use by persons with no legal authority to be present
on the property.
(9)
(Ord. No. 13032, § 2, 10-16-08; Ord. No. 13599, § 2, 4-14-16)
Sec. 10-63. - Responsibilities of owners of vacant, blighted, unsecured or abandoned structures.
No owner shall maintain a blighted, unsecured or abandoned structure.
(1) An owner of a blighted, unsecured or abandoned structure shall comply with the requirements of
subsections (2) through (6).
(2) An owner of a blighted, unsecured or abandoned structure shall secure and maintain all
entrances and all other openings of the structure, including but not limited to windows and
doorways. Such blighted, unsecured or abandoned structure shall be secured as follows:
a. All entrances, windows and other openings shall be secured with approved materials,
provided that such materials completely seal all entrances, windows and other openings,
thereby protecting the interior of the structure from wind, rain, and other naturally occurring
elements. Entrances and windows above the ground floor shall be regarded as secure if the
entrances and windows are locked and not otherwise open to entry and the windows contain
glass that is not cracked or broken or shutters that prevent entry.
b. If a violation of this section is discovered by a code enforcement officer, said officer is
authorized to issue a notice of violation (NOV) requiring the structure to be secured within
the time period enumerated in the NOV. If the structure remains unsecured after the time
period enumerated in the notice, the city, at its option, shall present a case based on the
violation to the code enforcement board as defined per section 2-811 of the City Code, as
amended, which is inclusive of the special master, pursuant to chapter 2, article X of this
Code. As part of its case, or at any subsequent properly noticed hearing, the city may present
evidence showing that criminal activities or incidents presenting a threat to life and safety
are occurring on the property where the unsecured structure is located. If such evidence is
presented and the code enforcement board or special master determines that this section
has been violated, the owner of the structure at issue may be required to secure all openings
with commercial quality, 14-gauge, rust proof metallic coverings.
c. Such metallic coverings shall consist of steel sheet metal, excluding aluminum and copper,
which allow for ventilation. Said metallic coverings must have an exterior finish that allows
for easy graffiti removal, and be designed to prevent removal from the exterior with a crowbar
or other prying device. In addition, the metallic coverings must consist of threaded rods or
cables attached on the interior of the structure to a steel cross -brace that spans the opening.
d. Failure to comply with the requirements of this section of this article shall subject the owner
to code enforcement action, as provided in section 10-66 of this article.
All owners of a vacant, blighted, unsecured or abandoned structure shall be responsible for
removing unauthorized signs, posters and graffiti from the structure's exterior unless exempted
by this article or the city's zoning ordinance.
(3)
Page 23
(4) Every owner of a vacant, blighted, unsecured or abandoned structure shall keep the premises
free from rodents, insects, vermin, and other wild animals.
(5) The roof of every structure shall be well drained of rain water.
(6) All materials used to secure blighted, unsecured or abandoned structures shall be painted in a
workmanlike fashion in the same color as its other exterior walls.
(Ord. No. 13032, § 2, 10-16-08; Ord. No. 13320, § 1, 5-10-12; Ord. No. 13599, § 2, 4-14-16)
Sec. 10-64. - Vacant structure registration.
(a) Every owner of a commercial or single-family vacant structure, which is not in default as defined in
this article, shall register said structure with the city. The registration fees for a commercial or single-
family structure are set forth in section 10-65. Such registration shall include:
(1) A description of the premises including address, legal description, and folio number;
(2) The names, addresses, and contact numbers of the owner, or agents, that can be contacted
within 24 hours; and
Written consent by the owner allowing the city police department to enforce the trespassing
penalties described in F.S. § 810.08.
(b) Owners of vacant structures located within a multi -family building shall not have to comply with this
section if:
(1) The multi -family structure has a property manager on the premises;
(2) The multi -family structure has a homeowners' association responsible for the management and
maintenance of the property;
(3) The multi -family structure has security located on or responsible for the property; and
(4) The property manager of the multi -family building, at no costs to the property manager, registers
the following information with the city:
a. A description of the property including address and unit number of all vacant structures within
the multi -family building;
b. The names, addresses, and contact number of the property manager or agent who can be
contacted within 24 hours;
c. Written consent by the owner allowing the city police department to enforce the trespassing
penalties described in F.S. § 810.08.
(c) If any of the requirements of subsections (b)(1)—(4) are not complied with, the individual owner of the
vacant structure located within a multi -family building shall register pursuant to subsection 10-65(a).
(d) This registration must be done upon any transfer of the property and every October 1st thereafter.
(3)
(Ord. No. 13032, § 2, 10-16-08; Ord. No. 13599, § 2, 4-14-16)
Sec. 10-65. - Blighted, unsecured, vacant or abandoned structure registration.
(a) After any structure in the city becomes a blighted, unsecured, vacant or abandoned structure which
is in default and for which a notice of lis pendens, is filed and recorded, as defined in this article, the
owner shall register the property as provided in this section and section 10-66.
(b) The registration shall be submitted on designated forms and shall, at a minimum, include the following
information supplied by the owner:
Page 24
(1) A description of the premises, including address, legal description and folio number;
(2) The names, addresses and contact numbers of the owner, or agents, that can be contacted
within 24 hours;
(3) The names, addresses and contact numbers of all known lien holders and all other parties with
an ownership interest in the structure;
(4) A plan and timeline for bringing the structure into compliance; and
(5) Written consent by the owner allowing the city police department to enforce the trespassing
penalties described in F.S. § 810.08.
(c) The owner shall comply with all applicable laws and codes and close all outstanding City Code
violations, unless waived by the appropriate department or agency.
(d) The owner shall submit a plan and timeline, as described in subsection (b)(4) to be approved by the
enforcement officer. The enforcement officer shall require completion of the plan within a reasonable
time, not to exceed ninety (90) days. Any repairs, improvements or alterations to structures must
comply with any applicable housing and/or building codes.
(e) The owner shall notify the enforcement officer of any changes to the information supplied on the
registration immediately. All plan and timeline revisions and extensions must be approved by the
enforcement officer or the city manager's designee.
(f) The owner of a blighted, unsecured, vacant or abandoned structure shall pay a registration fee:
(1) The owner of a blighted, unsecured, vacant or abandoned structure shall initially register the
property with the city and pay an annual registration fee. The schedule is as follows:
a. $262.50 for the first year.
b. $394.00 for the second year.
c. $525.00 for the third and each subsequent consecutive year the building remains a blighted,
unsecured, vacant or abandoned structure.
(2) The fee for the first year of registration shall be due and payable, in full, 30 days after the structure
is registered as a blighted, unsecured, vacant, or abandoned structure. If the fee is not paid within
30 days of being due, the owner shall be subject to prosecution as prescribed in section 10-66.
In addition, interest at the statutory rate per annum shall accrue on fees which are not timely paid.
The registration fee shall be paid in full prior to the issuance of any permits to repair or rehabilitate
with the exception of a demolition permit.
(4) All delinquent registration fees, including interest, shall be paid by the owner prior to any transfer
of ownership interest. If the fees are not paid prior to transfer, the new owner shall be responsible
for all outstanding fees no later than 30 days after the transfer of ownership and subsequent
registration fees shall be due and payable in accordance with this article.
The registration fee is reasonably related to the administrative costs for processing the
registrations and monitoring of the blighted, unsecured, vacant, or abandoned structures.
Increasing fees reflect the growing costs of identifying, regulating, monitoring and policing of
deteriorating structures. In registering property as blighted, unsecured, vacant, or abandoned, the
form will indicate that submission grants the city's police department the authority to issue
trespass warnings to individuals who cannot demonstrate written authorization to be on the
property. The mortgagee or owner can opt out of or revoke the department's authority to issue a
trespass warning by notifying the police department on the registration form or in writing directed
to the chief of police.
The enforcement officer shall keep a file for all registered blighted, unsecured or abandoned
structures, which shall include any information from interested parties or citizens regarding the history,
problems, status or blighting influence of such structure.
(g)
(3)
(5)
Page 25
(Ord. No. 13032, § 2, 10-16-08; Ord. No. 13142, § 5, 2-11-10; Ord. No. 13599, § 2, 4-14-16)
Sec. 10-66. - Defaulted mortgage real property registration.
(a) Any mortgagee who holds a mortgage on real property located within the city shall perform an
inspection of the property to determine vacancy or occupancy, upon default by the mortgagor for which
a notice of lis pendens has been filed and recorded. The mortgagee shall, within ten days of the
inspection, register the property with the city, or its designee, on forms or other manner as directed,
and indicate whether the property is vacant or occupied. A separate registration is required for each
property, whether it is found to be vacant or occupied.
(b) Registration pursuant to this section shall contain the name, direct mailing address, direct contact
name, telephone number, and e-mail address for the mortgagee/trustee, the servicer, and the name
and 24-hour contact phone number of the local property management company responsible for the
security and maintenance of the property, who has the authority to make decisions concerning the
abatement of nuisance conditions at the property as well as any expenditure in connection therewith.
(c) Mortgagees who have existing registrable property on the effective date of this section have 30
calendar days from the effective date to register the property with the city, or its designee, on forms or
other manner as directed, and indicate whether the property is vacant or occupied. A separate
registration is required for each property, whether it is vacant or occupied.
(d) If the mortgage on a registrable property is sold or transferred, the new mortgagee is subject to all the
terms of this article and within five days of the transfer, must register the property and pay a registration
fee in accordance with this article. Any previous unpaid annual registration fees are the responsibility
of the new mortgagee or trustee and are due and payable with the initial registration.
(e) If the mortgagee owner of a foreclosed real property sells or transfers the property to a non-arm's
length related person or entity, the transferee is subject to all the terms of this article and within five
days of the transfer, must register the property and pay a registration fee in accordance with this article.
Any previous unpaid annual registration fees are the responsibility of the new registrable property
owner and are due and payable with their initial registration.
As long as the property is registrable, it shall be inspected by the mortgagee, or designee, on a monthly
basis. If an inspection shows a change in the property's occupancy status, the mortgagee shall, within
ten days of that inspection, update the occupancy status of the property registration.
A non-refundable annual registration fee as established in this article, as amended, and as applicable,
shall accompany each registration pursuant to this section.
All registration fees must be paid directly from the mortgagee, trustee, servicer, or owner. Third party
registration fees are not allowed without the written consent of the city manager and/or the city
manager's authorized designee.
Properties subject to this section shall remain under the annual registration requirement, and the
inspection, security and maintenance standards of this section as long as they are registrable.
Until the mortgage or lien on the property in question is satisfied, or legally discharged, the desire to
no longer pursue foreclosure, the filing of a dismissal of lis pendens and/or final judgment and/or
certificate of title, voluntary or otherwise, does not exempt any mortgagee holding the defaulted
mortgage, from all the requirements of this article as long as the borrower is in default.
Any person or legal entity that has registered a property under this section must report any change of
information contained in the registration within ten days of the change.
Failure of the mortgagee to properly register or to modify the registration form from time to time to
reflect a change of circumstances as required by this article is a violation of the article and shall be
subject to enforcement and any resulting monetary penalties.
Pursuant to any administrative or judicial finding and determination that any property is in violation of
this article, the city may take the necessary action to ensure compliance with and, thereafter place, a
Page 26
lien on the property for the cost of the work performed to benefit the property and bring it into
compliance.
(n) Properties subject to these sections shall be maintained in a secure manner so as not to be accessible
to unauthorized persons. A "secure manner" shall include, but not be limited to, the closure and locking
of windows, doors, gates and other openings of such size that may allow a child to access the interior
of the property or structure. Broken windows, doors, gates and other openings of such size that may
allow a child to access the interior of the property or structure must be repaired. Broken windows shall
be secured by re -glazing of the window. All such costs shall be borne by the owner(s). If the city or its
agents decide to undertake repairs, the costs shall be subject to administrative costs, fines and liens
as provided in chapter 2, article 10 of the City Code.
(o) If a property is registrable, and the property has become vacant or blighted, a local property manager
shall be designated by the mortgagee or owner to perform the work necessary to bring the property
into compliance with the applicable code(s), and the local property manager must perform regular
inspections to verify compliance with the requirements of this article, and any other applicable laws.
All registrable property is hereby declared to be a public nuisance, the abatement of which, pursuant
to the police power, is hereby declared to be necessary for the health, welfare and safety of the
residents of the city.
(p)
(Ord. No. 13599, § 2, 4-14-16)
Sec. 10-67. - Enforcement.
Failure to comply with the requirements of this article shall subject the owner to code enforcement
action, pursuant to F.S. ch. 162, as well as chapter 2, article X of the City Code, and specifically section 2-
814.
If the owner fails to comply with the requirements of this article, the city may, pursuant to F.S. ch. 170,
secure or cause to be secured and make all reasonable repairs to such blighted, unsecured or abandoned
structures, which are required to bring the property into compliance and charge the violator with the
reasonable cost of the repairs along with the fine imposed pursuant to this article. Making such repairs does
not create a continuing obligation on the part of the local governing body to make further repairs or to
maintain the property and does not create any liability against the local governing body for any damages to
the property if such repairs were completed in good faith.
If the work is done or caused to be done by the city, the enforcement officer shall keep an itemized
accounting of expenses of the work done and the cost thereof and notify the owner of said expenses. If the
statement is not paid within ten days after the owner is notified, interest shall begin to accrue annually at
the statutory rate until paid in full.
Under the lawful authority granted to municipalities pursuant to F.S. chs. 170 and 166, the city hereby
authorizes the levy and collection of special assessments to fund the costs of any work done by the city to
enforce compliance with the requirements of this article.
Costs resulting from any work undertaken by the city pursuant to this section shall be levied as a
special assessment lien against the real property where the violation existed. Said special assessment lien,
until fully paid and released, shall remain a lien 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 upon such special assessment liens shall accrue pursuant to F.S. §
170.09, as amended. Special assessment liens shall be enforced by any method authorized by law to
enforce payment thereof with all accrued interest and costs, including legal costs, or may be subject to
foreclosure, pursuant to F.S. ch. 173, as amended. The property owner shall pay all costs of collection,
including reasonable attorneys fees, incurred by 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 F.S. § 197.3632, as amended.
Page 27
(Ord. No. 13032, § 2, 10-16-08; Ord. No. 13319, § 2, 4-12-12; Ord. No. 13599, § 2, 4-14-16)
Editor's note- Ord. No. 13599, § 2, adopted April 14, 2016, renumbered the former sections
10-66-10-68 as sections 10-67-10-69. The historical notation of these sections has been
preserved for reference purposes.
Sec. 10-68. - Exemptions.
This article shall not apply to any structures protected by federal, state, or local law or any structures
owned by the federal government, state government, Miami -Dade County, or the city.
(Ord. No. 13032, § 2, 10-16-08; Ord. No. 13599, § 2, 4-14-16)
Note- See editor's note at section 10-67.
Sec. 10-69. - Penalties.
Penalties under any provision of this article shall be assessed pursuant to sections 2-824 and 2-829.
(Ord. No. 13032, § 2, 10-16-08; Ord. No. 13599, § 2, 4-14-16)
Note- See editor's note at section 10-67.
Sec. 10-69.5. - Alternative procedures.
Nothing in this article shall be deemed to preempt existing remedies of the city authorized under
existing law.
(Ord. No. 13032, § 2, 10-16-08; Ord. No. 13599, § 2, 4-14-16)
Editor's note- Ord. No. 13599, § 2, adopted April 14, 2016, intended to renumber the former
section 10-69 as section 10-70. Inasmuch as there are already provisions so designated, and at
the discretion of the editor, said provisions have been redesignated as section 10-69.5.
ARTICLE V. - CODE RELIEF PROGRAM
Sec. 10-70. - City code relief program for structures built under prior building codes and zoning
ordinances.
Intent: This article 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 before August 1, 2015.
This article will sunset on August 1, 2015. Thus, applicants can avail themselves of the code relief program
as long as they apply before August 1, 2015. Minimal life -safety requirements must be met, including but
not limited to, side and rear setbacks.
(Ord. No. 13304, § 2, 1-26-12; Ord. No. 13411, § 2, 10-10-13)
Page 28
Sec. 10-71. - Definitions.
Administrative variance (as to set -backs) means minor deviation of any zoning regulation other than
height, density, intensity, or use by up to 25 percent 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.
Applicant means one who applies and wishes to participate in the code relief program.
As -built certificates mean 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 means 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.
Code relief program means a program pursuant to this article concerned with the legalization of
structures constructed prior to March 1, 2002.
Existing buildings mean 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 mean building or zoning permits issued pursuant to this article.
Participant means an applicant who has participated and completed the code relief program.
Permit issued by affidavit means 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 and with the structural provisions of the
technical codes.
(Ord. No. 13304, § 2, 1-26-12)
Sec. 10-72. - Criteria and process.
An existing building may be granted a permit for legalization under this article. 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:
(1) The applicant shall furnish a set of as -built plans, as defined in this article, of the building or
structure;
(2) 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
Page 29
(3)
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:
a. Is structurally sound, and complies with the FEMA zone requirements for minimum floor
elevation;
b. 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;
c. Complies with all safety minimum requirements identified below;
d. Complies with the permit application and any plans approved by the building official; and
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):
a. Means of egress or escape;
b. Requirement of shutters;
c. Residential single station smoke detectors - installed in accordance with NFPA (1999
edition);
d. Requirement for ground fault interrupters, bathroom and kitchen;
e. Requirement for full size pressure and temperature relief valve lines on all water heaters;
f. Handicapped access requirements;
g. All gas piping systems shall be bonded to ground;
h. Handrails shall be inspected and replaced, if necessary, in full compliance with requirements
of the current building code.
(4) Prior to issuing the certificate of completion or occupancy, the building official shall conduct an
inspection to determine whether:
a. The plans submitted reflect the present state of the structure; and
b. The structure complies with all requirements of the current building code identified above;
and
c. The as -built certificate represents accurately the condition of the structure.
(Ord. No. 13304, § 2, 1-26-12)
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
Page 30
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
mitigated in
dollars
0-24,999
25,000-49,999
Non -Homestead Property in dollars
$2,000
50,000-74,999
75,000-99,999
Homestead
Property
in dollars
Seniors or
Disabled or
Veterans in
dollars
$1,000 $1,000
3,000 1,500 1,000
4,000 2,000 1,000
5,000
100,000-499,999
500,000-999,999
1 Over 1 million
7,500
2,500
Payment
Options
Within 1 year
Within 1 year
Within 1 year
1,000
Within 1 year
10,000
3,500
2,000
Within 2 years
5,000
2,500
Within 3 years
15,000 7,500
3,500
Within 4 years
The amounts set forth above in the mitigation chart shall not be construed to prohibit the mitigation of
fines that fall below the minimum fine to a lower amount.
(Ord. No. 13304, § 2, 1-26-12; Ord. No. 13327, § 2, 6-28-12)
Sec. 10-74. - Building fees.
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 article.
(Ord. No. 13304, § 2, 1-26-12)
Sec. 10-75. - Administrative variance.
Page 31
(2) Buildings or structures that are, or hereafter shall become, unsafe, unsanitary or deficient, and
dilapidated facilities, with inadequate means of egress, or which constitute a fire or windstorm
hazard, or are otherwise dangerous to human life or public welfare by reason of illegal or improper
use, occupancy or maintenance, or which have been substantially damaged by the elements,
acts of God, fire, explosion or otherwise, shall be deemed unsafe structures and a permit shall
be obtained to demolish the structure, or where specifically allowed by this article, to bring the
building into compliance with the applicable codes as provided herein.
Incomplete buildings commenced without a permit or for which the permit has expired, or
completed buildings commenced without a permit or for which the permit has expired, prior to
completion and no certificate of occupancy has been issued, shall be presumed and deemed
unsafe and a permit shall be obtained to demolish the structure or bring the building into
compliance with the applicable codes as provided herein.
(4) Buildings which meet the physical criteria of unsafe structures, set forth in this section, and are
ordered to be repaired by the building official or the unsafe structures panel, in the manner more
particularly set forth below, which are not completed or repaired and brought into full compliance
with the building code within the reasonable time allowed by the building official or the unsafe
structures panel, will be demolished.
Swimming pools that contain stagnant water are deemed unsanitary and dangerous to human
life and the public welfare. If the stagnant water is not removed and all repairs made and brought
into full compliance with the building code within a reasonable time, as allowed by the building
official, then these swimming pools will be demolished and filled in.
(6) Buildings or structures subject to the recertification requirements in subsection 8-11(f) of the
Miami -Dade County Code which the owner fails to timely respond to the notice of required
inspection or fails to make all required repairs or modifications found to be necessary resulting
from the recertification inspection by the deadline specified in the Code or any written extension
granted by the building official will be demolished.
(b) Physical criteria.
Pursuant to review by the zoning administrator, an administrative variance of up to 25 percent 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.
(Ord. No. 13304, § 2, 1-26-12)
Secs. 10-76-10-100. - Reserved.
ARTICLE VI. - UNSAFE STRUCTURES
Sec. 10-101. - Unsafe structures panel.
(a) General.
(1) Unsafe structures panel(s) shall hear unsafe structures cases, and appeals of decisions, of the
city building official declaring properties and their structures and accessory structures to be
unsafe where there is a danger to the health, safety, and welfare of the citizens in the community,
all in the manner prescribed in this article. If such structure has been designated historic and is
under the city's historic preservation jurisdiction, demolition procedures shall, whenever possible,
abide by the process as set out in the city's historic preservation ordinance as found in chapter
23 of this Code, unless there is an immediate threat of danger, as determined by the building
official.
(3)
(5)
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(1) A building shall be deemed a fire hazard or unsafe when any of the following criteria are met:
a. It is vacant, unguarded and open at doors or windows.
b. There is an accumulation of debris or other material therein representing a hazard of
combustion.
c. The building condition creates hazards with respect to means of egress and fire protection
as provided herein for the particular occupancy.
d. It meets the criteria of a vacant and abandoned property under chapter 10 of this Code or
under chapter 8 of the Miami -Dade County Code.
(2) A building, or part thereof, shall be presumed to be unsafe if:
a. There is a falling away, hanging loose or loosening of any siding, block, brick, or other
building material.
b. There is a deterioration of the structure or structural parts.
c. The building is partially destroyed.
d. There is an unusual sagging or leaning out of plumb of the building or any parts of the building
and such effect is caused by deterioration or over -stressing.
e. The electrical or mechanical installations or systems create a hazardous condition contrary
to the standards of the building code.
f. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or
waste disposal systems.
By reasons of use or occupancy the area, height, type of construction, fire -resistivity, means
of egress, electrical equipment, plumbing, air conditioning or other features regulated by this
Code do not comply with this Code for the use and group or occupancy.
h. The construction, installation of electrical, plumbing or other equipment therein or thereon,
or the partial construction or installation of electrical, plumbing or other equipment has been
commenced or completed without a permit therefore having been obtained or where the
permit has expired prior to completion and the issuance of a certificate of occupancy or
certificate of completion.
i. The construction, installation of electrical, plumbing or other equipment therein or thereon, or
the partial construction or installation of electrical, plumbing or other equipment has not been
completed.
j. The building or structure is vacant and abandoned, and covered at doors or windows with
materials not previously approved by the building official, or for a period exceeding the
maximum limitations set forth in this article.
(3)
g.
k. By reason of illegal or improper use, occupancy or maintenance does not comply with the
building code, or the code in effect at the time of construction.
I. The building or part thereof meets the physical criteria of an unsafe structure set forth above
and has not been repaired and brought into compliance with the building code following the
expiration of the reasonable periods allowed by the building official, or an unsafe structures
panel for such repairs.
Grow houses. A building or structure that has been identified by any law enforcement officer as
being used to grow or manufacture controlled substances as defined by F.S. ch. 893 or any drugs,
as defined in F.S. ch. 499 (a "grow house") shall be presumed to be unsafe if any one of the
following criteria has been satisfied:
a. There is an open and obvious modification or addition to any of the structure's electrical
wiring or electrical components, or there exists any exposed wires or exposed electrical
components;
Page 33
b. There is an open and obvious modification or addition to any of the structure's plumbing,
and/or any discharge of water or other effluent that is not into an ordinarily available drain;
c. The structure's interior walls have been destroyed, moved, or modified in any way. This may
be evidenced by marks on the ceiling and/or floor that are indicative of a wall having been
moved or removed, holes or passages in a wall that are not ordinary, and may be unfinished
in appearance. This list shall not be considered exhaustive such that any other evidence of
walls being destroyed, moved or modified shall be proper;
d. Any exterior window has been modified or covered in such a way, so as to inhibit or reduce
egress or which inhibits or prevents normal use for ventilation purposes; this shall not include
curtains and other ordinary window coverings; or
e. Any of the structure's exterior or interior doors have been modified or covered in such a way
to prevent or inhibit ingress or egress.
(c) Upon observation of any one of the above criteria in subsection (b), any city enforcement personnel
shall be authorized to post and shall post a notice in a conspicuous location on the building or structure
that has been determined to be unsafe.
(1) The posted notice shall read substantially as follows:
UNSAFE BUILDING. This building or structure is, in the opinion of the City of Miami, unsafe. THIS
BUILDING SHALL BE VACATED -SHALL NOT BE OCCUPIED. The owner should contact the
City of Miami Building Department immediately. THIS NOTICE SHALL NOT BE REMOVED
EXCEPT BY THE BUILDING OFFICIAL. DATE (insert date posted).
(2) Entry to any structure posted with such a notice shall be prohibited except by an order issued by
a court of competent jurisdiction, until such time as all necessary inspections listed in subsection
(4) have been completed.
Within 24 hours of the notice being posted by the building official, the Miami Police Department
shall notify the building department of any trespass violations. Upon receiving such notification
from the Miami Police Department the building department shall immediately send a notice of
violation in accordance with the provisions of this article. This notice shall also state that building
official will conduct an inspection of the structure and issue a notice of violation within five
business days.
(4) All structures that meet any of the criteria from subsection (c)(1) above and have been posted
with the requisite notice, must be approved by the building department based upon all of the
following inspections before the structure can be deemed safe for use:
a. An electrical inspection;
b. A plumbing inspection;
c. An inspection by a certified mold inspector; and
d. An inspection by a structural engineer.
Upon completion of the inspections described herein, an inspection report shall be filed with the
building department for approval. The building director shall proscribe the forms to be used for
the inspections described herein and shall be authorized to charge a fee for the review of the
inspection reports. Each inspection report shall certify that there is currently no unsafe or
hazardous conditions currently existing in the structure, all building code violations corrected and
the structure is safe for occupancy. No building deemed unsafe pursuant to this section shall be
occupied until the results from the required inspections have been reviewed, and all permits have
been obtained to bring the structure back into compliance with the building code. Nothing herein
shall relieve the owner from the requirement to obtain permits for any repairs required to meet
the requirements of this section.
(3)
(d) Valuation criteria.
Page 34
(1) If the cost of completion, alteration, repair and/or replacement of an unsafe building or structure
or part thereof exceeds 50 percent of its value, such building shall be demolished and removed
from the premises. If the cost of completion, alteration, repair and/or replacement of an unsafe
building or structure or part thereof does not exceed 50 percent of its value, such building or
structure may be repaired and made safe, as provided herein.
(2) For purposes of application of this formula, value shall be the estimated cost to replace the
building in kind, excluding depreciation. The estimate shall be derived from multiplying the value
of the square footage of construction used by the building department to calculate the applicable
permit fee. That estimate shall be broken down on a percentage basis into an estimate of the
following critical elements of construction, as applicable: structural, roofing, electrical, plumbing
and mechanical, and other building components ("valuation of construction components"). The
cost of completion, alteration, repair or replacement shall be estimated by application of the
percentage of deterioration found on site for each of the critical elements of construction to the
valuation of construction components for the structure, to arrive at an overall estimated cost to
repair the affected structure. The appointing authority shall by administrative order provide a form
for the application of the formula set forth above for the various types of construction.
If a building or structure may be repaired and made safe pursuant to the valuation criteria set
forth above, and the building or structure is otherwise unsafe in accordance with the physical
criteria set forth in this article, the building official may order such building or structure to be
temporarily secured in the manner and subject to the limitations set forth in this article. Such
building must be completed and brought into full compliance with the building code within such
time as the building official or unsafe structures panel may determine to be reasonable for such
completion. If the building or structure is not temporarily secured, completed and brought into full
compliance with the building code within the reasonable periods allowed, such building or
structure shall be demolished and removed from the premises.
(e) Inspection of unsafe buildings and structures. The building official, on his own initiative or as a result
of reports by others, shall examine or cause to be examined every building or structure appearing or
reported to be unsafe, and if such is found to be an unsafe building or structure as defined in this
article, the building official shall proceed in the manner set forth in this article.
Emergency action. When in the opinion of the building official, there is actual or immediate danger of
the failure or collapse of a building or structure, or there is a health, windstorm or fire hazard, he may
order the occupants to demolish, vacate, temporarily close for use or occupancy the rights -of -way
thereto, sidewalks, streets or adjacent buildings or nearby area and institute other such temporary
safeguards, including securing the building or structure or any demolition or partial demolition, as he
may deem necessary under the circumstances, and may employ the necessary labor and materials to
perform the required work as expeditiously as possible. In such event, the operation of the notice and
hearing requirements of this article shall be suspended as reasonably necessary in the opinion of the
building official to redress the emergency situation. Costs incurred in the performance of such
emergency work shall be paid by the appropriate owner of the property and upon the recording in the
public records of this county a certificate executed by the building official, certifying the amount so
expended, the same shall become a special assessment lien against the property involved.
(g) Unsafe structures meeting valuation criteria for immediate demolition.
(1) The provisions below shall apply to buildings or structures meeting the valuation criteria for
demolition.
(3)
(f)
(2) The building official shall prepare a notice of violation. The notice shall state in summary form
the nature of the defects which constitute a violation of this article and shall order the structure to
be demolished within such time as is reasonable, subject to extension when requested in writing
within the reasonable discretion of the building official. The notice shall state that the specific
details concerning the violations can be obtained in writing from the building official upon request.
In addition, the notice will explain the right of appeal of the decision of the building official to the
unsafe structures panel, in its appellate capacity, and advise that unless the decision is appealed,
the building or structure shall be demolished without further notice.
Page 35
The notice of violation shall be affixed to the structure concerned. The building official shall also
affix to the structure notice of the hearing of the unsafe structures panel scheduled to consider
any appeal of the decision of the building official in connection with the structure. The notice of
hearing shall be issued by the director of the building department or his designee for appeals to
an unsafe structures panel advising persons to appear before the panel to show cause why the
decision of the building official should not be carried out. The hearing shall not be scheduled
earlier than 30 days following the date of posting of the notice of hearing and notice of violation.
(4) The building official shall post a notice bearing his or her signature in a conspicuous location on
the building or structure that has been determined to be unsafe. The posted notice shall read
substantially as follows: "UNSAFE BUILDING". This building or structure is, in the opinion of the
Building Official, unsafe. "THIS BUILDING SHALL BE VACATED -SHALL NOT BE OCCUPIED."
Action shall be taken by the owner as prescribed by written notice. "THIS NOTICE SHALL NOT
BE REMOVED EXCEPT BY THE BUILDING OFFICIAL. DATE (insert date posted)."
Within ten working days of posting the notice of violation and notice of hearing, the building
official shall send written notice of violation and notice of hearing to the owner and any interested
party. For these purposes, the owner shall be the taxpayer as reflected in the most recently
certified real property ad valorem tax roll of Miami -Dade County; provided however, where the
records of the Dade County Property Appraiser indicate that ownership has changed, the owner
shall be the taxpayer as reflected in those records. An interested party shall be the owner and
any other person or entity who has previously requested real property ad valorem tax notices with
respect to the subject property in accordance with F.S. § 197.344, as the same may be
renumbered or amended from time to time. The notice of violation and notice of hearing shall be
sent by certified or first class mail to all such parties' last known addresses as reflected in the
records of the Miami -Dade County Property Appraiser. Failure to receive such notice, or the lack
of a signed return receipt shall not invalidate the notice.
(6) Upon expiration of the period of appeal provided in the notice of violation, the building official
may file an appropriate instrument in the office of the clerk of the circuit court to be recorded in
the public records of this county, indicating that the property is in violation of the building code.
The recording of the notice shall constitute constructive notice of the violation to all concerned,
subsequent purchasers, transferees, mortgagees, lessees, grantees and all persons claiming or
acquiring interest in the property. In the event that the violation is corrected, the building official
shall file proof of the same upon payment for fees incurred.
The building official shall publish a notice in a newspaper of general circulation once a week for
two consecutive weeks. The published notice shall contain the address of the subject property
and the names of the owner and any interested party, and state that the subject property has
been found to be in violation of the building code and subject to demolition. The published notice
shall also state the time and place of the hearing scheduled before the unsafe structures panel.
(8) The notices provided in this section are intended to serve as full and effective notice of the
hearing and the violations related to the structure. Failure of one form of notice shall not invalidate
or impair the full effectiveness of notice provided by other means pursuant to this section.
(h) Unsafe structures not meeting the valuation criteria for immediate demolition.
(1) If a building or structure may be repaired and made safe pursuant to the valuation criteria set
forth above, and the building or structure is otherwise unsafe in accordance with the physical
criteria set forth in this section, the building official may order such building or structure to be
temporarily secured in the manner and subject to the limitations set forth in this section. Such
building must be completed and brought into full compliance with the building code within such
time as the building official or the unsafe structures panel may determine to be reasonable for
such completion. If the building or structure is not temporarily secured, or once served, not
completed and brought into compliance with the building code within the reasonable periods
allowed, such building or structure shall be demolished and removed from the premises.
(2) The building official shall prepare a notice of violation. This written notice shall state in summary
form the nature of defects which constitute a violation of this section and shall prescribe the action
(3)
(5)
(7)
Page 36
to be taken to comply and the time within which compliance must be accomplished, in such time
not to exceed ten days to secure an open structure to the reasonable satisfaction of the building
official, 90 days to obtain permits to repair the structure, and 120 days to bring it into compliance
with the building code. This notice shall also state that the specific details concerning the
violations can be obtained in writing from the building official on request. In addition, this notice
will explain the right of appeal of the decision of the building official to the unsafe structures panel,
in its appellate capacity and also advise that unless there is compliance with the directions of the
building official, a case will be commenced before the unsafe structures after time for compliance
has expired, or that the building official's order will be enforced.
(3) The notice of violation shall be affixed to the structure concerned.
(4) Within ten working days of posting the notice of violation, the building official shall send the
written notice of violation to the owner and any interested party, in the same manner provided in
above.
(5) In the event that the building or structure is not secured or brought into compliance with the
requirements of the building code within the periods specified in the notice of violation, and no
application for extension is made in the manner set forth in this section, the building official may
schedule the case for hearing before the unsafe structures panel to secure an order for demolition
of the building or structure or to obtain any other appropriate remedy.
(6) In the event that the building official requests that the director of the building department or his
designee schedule a hearing, or in the event that the owner or interested party files a timely
appeal of the decision of the building official, the secretary to the board or director of the building
department or his designee shall issue a notice of hearing which shall be affixed to the property,
mailed to the owner and interested party, in the same manner provided in subsection (g) above.
Notice of the hearing shall be published in the same manner provided in subsection (g) above.
Upon expiration of the period of appeal provided in the notice of violation, if the property has not
been secured or permits for repair obtained in the manner stipulated in the notice, the building
official may file an appropriate instrument in the public records in the manner provided in
subsection (g) above.
(8) The periods set forth in the notice of violation for bringing the structure into compliance with the
building code may be extended by the building official for one or more additional periods which in
the aggregate do not exceed an additional 180 days, provided all of the conditions of this
subsection are met. Application for the extension must be made in writing by the interested party
to the building official prior to the expiration of the period allowed for compliance, and shall set
forth to the reasonable satisfaction of the building official that the extension is warranted by one
or more of the following circumstances:
a. The interested party has a demonstrated financial hardship that will prevent the interested
party from completing a building or structure;
b. The interested party has filed a completed zoning hearing application which affects the final
completion of the building or structure and which zoning hearing request has not received
final approval or rejection from the city or applicable governmental agency, including any or
all appeals to court, for circumstances outside of the control for the interested party;
c. The building or structure is a multiple dwelling structure as defined in the building code and
demolition of any unit comprising that structure compromises the structural integrity of the
entire multi -unit structure, where the completion of the structure is outside of the control of
the interested party;
d. The building or structure is the subject of pending litigation that renders it impossible for the
building or structure to be completed;
e. The building or structure is the subject of a good faith insurance claim, the proceeds of which
are intended to be utilized for repair and completion;
(7)
Page 37
f. The building or structure is the subject of a pending sale to be closed within a reasonable
time from the date the extension is requested, where the buyer has executed a written
commitment to the building official to complete the structure within the applicable extension
period.
The written application for extension shall further represent to the building official that the building
or structure is and has at all times been in full compliance with all of the conditions set forth in this
subsection.
Upon receipt of the written application, the building official shall be authorized to extend the date
of full completion and compliance with the building code provided:
a. The completed written application demonstrates to the reasonable satisfaction of the building
official that one or more of the conditions set forth above exist with respect to the building or
structure;
b. The building or structure is not open, vacant or abandoned, having been secured at doors
and windows in a manner acceptable to the building official; and
c. The interested party has paid all reasonable costs of enforcement.
(10) Any interested party may appeal to the unsafe structures panel a decision to grant or deny the
extension. Such appeal must be filed within 30 days of the date of mailing of the building official's
written notice of his or her decision with respect to the application for extension.
(i) Public hearing.
(1) On the day established in the notice of public hearing the unsafe structures panel shall review
all pertinent evidence and hear all testimony from the building official, the owner and other parties
in interest and their respective witnesses.
(2) The unsafe structures panel may order repair, securing, and/or demolition of the structure upon
application of the standards set forth in this article. The unsafe structures panel may modify,
rescind, or uphold the decision of the building official as recited in the notice of violation. The
unsafe structures panel shall modify or rescind a decision of the building official only upon a
finding that the building official was in error in the interpretation or application of the building code.
The unsafe structures panel shall not exceed the time frames allowed for repair and completion
of buildings and structures specifically set forth in this article, except where the work involved
reasonably requires such additional time.
(3) A copy of the order shall be forwarded to the owner, and all interested parties by registered or
certified mail, and a copy thereof posted on the property.
(4) If the owner or interested party fails to comply with the order of the unsafe structures panel within
the time stipulated therein and such order is to repair, complete or secure the building to make
safe, then the building official shall cause such building to be vacated, if occupied; and shall
through his employees or through a contractor enforce the order of the unsafe structures panel
or building official. Buildings shall be secured with concrete block or other materials of the same
durability as determined by the building official. Swimming pools shall be secured by fencing or
by using another approved method as determined by the building official.
(5) If the order of the unsafe structures panel is to demolish the building or structure and to remove
or salvage contents, debris and abandoned property from the premises, and the owner or those
responsible shall have failed to comply with such order, then the building official may do so.
Swimming pools shall be demolished by removal of any stagnant water and any above ground
parts of the structure, breaking open the bottom and filling with sand or clean fill level to the
existing grade.
(i)
(9)
Multi -unit structures.
(1) This subsection shall be applicable to all multi -unit structures. As used in this subsection, the
term multi -unit structures means all townhouses and other structures which contain units divided
Page 38
by one or more common walls, where the structural integrity of any component unit depends upon
the structural integrity of one or more other units in the same structure. In the event that the owner
or other interested party fails to comply with any order of the unsafe structures panel in connection
with any multi -unit structure, then in addition to any other right or remedy contained in this section,
the city shall be authorized, but not required, to secure the structure in the manner set forth in this
subsection. In addition, and not in derogation of the use of other methods contemplated by this
section for enforcing the building code with respect to any structure, multi -unit structures may be
secured by performing whatever work the building official may determine is reasonably necessary
to preserve the structural integrity, water -tightness, or safety of adjacent units or the surrounding
community which work may include, but no b limited to roofing, windows, and electrical.
(2) The procedure for enforcement of this Code set forth above shall be in addition to, and not in
derogation of, other procedures available to the building official pursuant to the building code.
The provisions of this subsection are not intended to exonerate any owner or other interested
party from compliance with the building code or any order of an unsafe structures panel.
(k) Recovery of cost.
(1) All costs incurred pursuant to any of the provisions of this section shall be paid by the owner,
interested party, or occupant of the premises on which the violation occurred.
(2) The building official shall file among his records an affidavit stating with fairness and accuracy
the items of expense and the date of execution of actions authorized by this section.
Any other employee, official or agency who incurs costs while executing any provision within this
article shall create an affidavit stating with fairness and accuracy the items of expense and the
date of execution of actions authorized by this section. That affidavit shall be given to the building
official responsible for the unsafe structure at issue and filed among his records for that property.
(4) The enforcing agency may institute a suit to recover such expenses against any liable person or
may cause such expenses to be charged against the property on which the violation occurred as
a lien or as a special assessment lien collectible according to established procedures.
Any lien imposed pursuant to this article shall be a lien greater in dignity to all liens, excepting
IRS tax liens.
(I)
(3)
(5)
(6) Liens created pursuant to this section may be discharged and satisfied by paying to the city the
amount specified in the notice of lien, together with interest thereon from the date of the filing of
the lien computed at the maximum statutory interest rate, together with the administrative costs,
filing and recording fees and fees paid to file a satisfaction of the lien in the public records. When
any such lien has been discharged, the city shall promptly cause evidence of the satisfaction and
discharge of such lien to be recorded in the public records.
The remedies and procedures for recovery of costs provided in this article shall be in addition to
and not in derogation of other provided in the building code or otherwise provided by law.
Unsafe structure panels. Unsafe structures panels are hereby created to conduct hearings as provided
for under this section.
(7)
(1) Composition. Unsafe structures panel(s) shall consist of three members from the list of panel
members available from the county clerk pursuant to Miami -Dade County Administrative Order
No. 2-5, as amended. A building department representative will serve as an ex-officio, non -voting
member of each panel, to act as a liaison. The ex-officio member shall not count toward a quorum
of the panel.
(2) Designation. At the request of the director of the building department, the county clerk shall
designate three members to constitute one or more unsafe structures panel(s) to conduct
hearings on the dates scheduled by the director of the building department or his designee. At
least one of the members on each panel shall have knowledge of construction gained from
experience as an architect, engineer, general contractor or lawyer. The director of the building
department shall not have any input into which members are designated to comprise a particular
panel.
Page 39
(3)
j.
Organization of the unsafe structures panels.
a. The director of the building department may utilize one or more unsafe structures panel(s)
as needed to conduct hearings.
b. Quorum. Three unsafe structures panel members must be present to conduct a hearing or
take any action.
c. A majority vote of unsafe structures panel members present and voting shall be sufficient to
overrule, modify or affirm any action or decision of the building official or to take any action
within the scope of the powers and duties of the panel.
d. No member of an unsafe structures panel shall sit as a voting member in any hearing on a
matter in which he has a personal or financial interest.
e. The director of the city building department, or his designee, shall assist the unsafe structures
panel, but shall have no vote.
f. The director of the city building department or his designee may call and schedule unsafe
structures hearings.
g. Audio record shall be kept of all unsafe structures hearings and all hearings shall be public.
h. All hearings shall be open to the public, and any person whose interest may be affected by
the matter on appeal shall be given an opportunity to be heard in person, or through his
attorney.
i. Witnesses may be sworn and subpoenaed by the unsafe structures panel in a like manner
as they are subpoenaed by the court or courts in Miami -Dade County.
The hearings shall be informal and need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the type
of evidence on which responsible persons are accustomed to rely in the conduct of serious
affairs regardless of the existence of any common law or statutory rules which might make
improper the admission of such evidence over objection in civil actions.
k. Hearsay evidence may be used for the purpose of supplementing or explaining any direct
evidence but shall not be sufficient in itself to support a finding unless it would be admissible
over objection in civil actions.
I. The rules of privilege shall be effective to the same extent that they are now, or hereafter may
be, recognized in civil actions; and irrelevant and unduly repetitious evidence shall be
excluded.
m. The director of the city building department shall provide adequate and competent clerical
and administrative personnel and such technical or scientific personnel as may be
reasonably required by the unsafe structures panels for the proper performance of their
duties, subject to budget limitations. The director of the city building department shall
maintain a record of all proceedings, including but not limited to a court reporter's transcript
of the proceeding, and may clarify the same as a true copy and make a reasonable charge
therefore; provided, the court reporter shall certify the copy of his or her transcript.
n. The director of the city building department shall provide a regular meeting place for the
panel.
(4) Duties, powers and compensation of the unsafe structures panels. The unsafe structures panels
and shall have the following duties, functions, powers and responsibilities:
a. Hear and determine appeals from actions and decisions of the building official pursuant to
the provisions of this section.
b. Hear and review the application of the building official for the review of his or her action
where his or her decision as indicated in a notice of violations has not been complied with.
Page 40
(m)
c. Affirm, modify or reverse the decision of the building official upon appeal or on application
for review.
d. In the event of judicial review of an unsafe structure panel order, the director of the city
building department or his designee shall transmit the records with all exhibits, instruments,
papers and transcripts of its proceedings to the reviewing authority if so requested.
e. The members of the unsafe structures panels shall be compensated as provided for under
Miami -Dade County Administrative Order No. 2-5, as amended. Moreover, the members
shall not be employees of the city.
Duties of the city attorney. The city attorney shall either be counsel to the unsafe structures panel
or shall represent the city by presenting cases to the unsafe structures panel, but in no case shall
the city attorney serve in both capacities.
Requests for extensions of time. Any owner or authorized representative 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. The unsafe structures panel
shall not be authorized to extend any deadline for compliance, set forth in the order, unless the
secretary of the unsafe structures panel 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. In no event may the unsafe structures panel grant more than one extension of
time for each initial order.
(5)
To obtain an extension, the owner or applicant 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 applicant 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.
(n) Judicial review. Any owner or interested party aggrieved by a decision of the unsafe structures panel
may seek judicial review of that decision in accordance with Rule 9.110(c) of the Florida Rules of
Appellate Procedure. Accordingly, any order, requirement, decision, denial of a request for extension
of time, or determination of the unsafe structures panel shall be reviewed by the filing of a notice of
appeal in the circuit court appellate division of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, within 30 days of rendition of the order.
(o) Definitions.
Building or structures shall be synonymous.
Building code shall be the Florida Building Code, as amended from time to time.
Interested parties shall be defined as stated in chapter 10 of this Code.
All other definitions shall be defined as stated in chapter 10 of this Code or chapter 8 of the Miami -
Dade County Code.
(Ord. No. 13295, § 2, 12-15-11; Ord. No. 13422, § 2, 12-12-13; Ord. No. 13580, § 2, 12-10-15)
Sec. 10-102. - Maintenance of vacant lots after demolition of structures.
Page 41
(a) Intent. It is the intent of this section to regulate an improved or unimproved lot that has become vacant
or the ground has 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;
(2) Reduce neighborhood blight and its negative effects by regulating the aesthetic character of
vacant lots, formerly improved lots; or
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 section 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 section 22-114, as amended, a structure or building as defined
by the Florida Building Code, as amended.
Tree: As defined in City Code section 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 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 height of 14
feet in order to be classified as a tree.
(3)
(3)
(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 grade 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. 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 F.S. chs. 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 section.
(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 F.S. ch. 85, as amended, or, in the alternative,
Page 42
(g)
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 F.S. ch. 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 F.S. § 197.3632. as may be
amended from time to time.
[Best efforts.] The city, when at all possible, will use best efforts to comply with the provisions of this
section when demolishing property within the city, regardless of ownership.
(Ord. No. 13310, § 2, 2-9-12)
Sec. 10-103. - 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 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
dirt on the property.
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.
(d) Fill requirements. The re -filling, grading, and sodding of the lot shall comply with the Florida Building
Code, as amended.
(3)
Page 43
(e) Enforcement provision. 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.
Special assessment provision.
(1) Under the lawful authority granted to municipalities pursuant to F.S. chs. 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 section.
(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 F.S. ch. 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 F.S. ch. 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 F.S. § 197.3632. as may be
amended from time to time.
(f)
(Ord. No. 13312, § 2, 2-23-12)
Secs. 10-104-10-110. - Reserved.
ARTICLE VII. - SECURITY SCREENS AND SHUTTERS
Sec. 10-111. - Transparency of windows in Coconut Grove, the Downtown Development District and the
Neighborhood Revitalization District 1.
Applicability: This article shall apply to commercial buildings in the following areas: the Coconut Grove
Central Commercial District, described pursuant to chapter 35, article V, as amended, and the Coconut
Grove Business Improvement District, more particularly described in Resolution No. 08-0455 adopted July
24, 2008, and later confirmed in Resolution No. 09-0076 adopted February 12, 2009 (collectively, "Coconut
Grove"), the boundaries of the Downtown Development District, described pursuant to section 14-27 of the
City Code, as amended, more particularly described in Ordinance No. 12307, adopted December 12, 2002,
and the boundaries of the Neighborhood Revitalization District 1, more particularly described in Ordinance
No. 13561, adopted September 24, 2015, all incorporated by reference.
(Ord. No. 13412, § 2, 10-10-13; Ord. No. 13454, § 2, 5-8-14; Ord. No. 13555, § 2, 9-24-15)
Sec. 10-112. - Definitions.
Clear glass means glass in windows, doors, and display windows shall be transparent to insure a safe,
pedestrian -oriented environment, and to maintain the historic charm of the areas. Glass shall be clear in
appearance at the street level.
Page 44
Decorative shutter is a usually lightweight louvered or flush wood or non -wood frame in the form of a
thin door located at each side of any opening of a building, such as a window or door. Most decorative
shutters are fastened or painted onto a wall as a decorative device.
Reflective surfaces. Highly reflective surfaces are those surfaces that include reflective glass and
mirrors.
Security screens and shutters shall be defined as any exterior barrier or covering (made of any
material, including but not limited to, aluminum, metal, steel, plastic, etc.) which may cover any opening on
the ground floor of a building such as a window or door. Security screens and shutters may include, but are
not limited to, hurricane shutters or curtains, rolling or retracting metal flexible shutters, and other security
devices. This definition applies to non -decorative shutters as distinguished from decorative shutters above.
Other types of security screens and shutters are as follows:
(1) Permanent security screens and shutters are those which remain affixed to the building and are
not of a temporary nature.
(2) Temporary security screens and shutters are those which are affixed to the building for a limited
duration.
(3)
Opaque security screens and shutters are not transparent or translucent and are impenetrable
to light.
(4) Transparent security screens and shutters are those which you can see through and are 70
percent open pursuant to the Miami 21 Zoning Ordinance, as amended.
(Ord. No. 13412, § 2, 10-10-13; Ord. No. 13454, § 2, 5-8-14)
Sec. 10-113. - Security screens and shutters not allowed.
(a) Permanent security screens and shutters are not allowed pursuant to this article, except as described
below:
(1) Hurricane shutters or curtains may be installed temporarily when there is a tropical storm
warning, hurricane warning, hurricane, or other similar large-scale weather event provided that
said hurricane curtains are removed no later than 72 hours after the dissipation of said weather
condition.
(2) Security screens and shutters may be allowed when remodeling or repairing windows or
entrances damaged by an accident. The length of time for the remodeling or repair shall be no
longer than one month or the length of time described in the building permit. These would be
considered temporary security screens and shutters.
Permanent security screens and shutters may be allowed for an outdoor use, in limited
circumstances, in conjunction with a cafe, restaurant, terrace, porch, or recessed retail area or
alcove. Said square -footage of outdoor private property area may be screened, provided it is not
opaque, using ornate and decorative permanent security screens and shutters or transparent
security screens and shutters, as defined above, pursuant to review by the planning department.
(b) Permanent security screens and shutters shall not be permitted on the exterior of any building. They
may be located in the interior of a building only if they are transparent security screens and shutters.
(c) Opaque security screens and shutters are not permitted on the exterior of any building.
(d) Transparent security screens and shutters. Only transparent security screens and shutters in
compliance with the Miami 21 Zoning Ordinance are permitted on the exterior of any building.
(3)
(Ord. No. 13412, § 2, 10-10-13; Ord. No. 13454, § 2, 5-8-14)
Page 45
Editor's note— Ord. No. 13454, § 2, adopted May 8, 2014, changed the title of section 10-113
from "Permanent security screens and shutters not allowed" to "Security screens and shutters not
allowed." The historical notation has been preserved for reference purposes.
Sec. 10-114. - Compliance with this article in Coconut Grove.
(a) All properties with opaque security screens and shutters not in compliance with this article shall come
into compliance on or before October 15, 2015.
(b) All properties with transparent security screens and shutters not in compliance with this article shall
come into compliance on or before October 15, 2016.
(c) However, any issuance of a building permit for the exterior remodeling of a building or replacement
of windows will trigger immediate compliance with this article.
(d) The city shall not issue a building permit for any new construction which uses permanent security
screens and shutters to comply with wind loads and impact tests, as defined and described in Chapter
16 of the Florida Building Code, as amended.
(e) Once nonconforming security screens and shutters are removed, the use of highly reflective surfaces,
including reflective glass and mirrors, is prohibited on the ground floor. Windows shall be clear glass
and allow only those coverings or percentage of window covering as approved in the Miami 21 Zoning
Ordinance, as amended.
(f)
All nonconforming security screens and shutters, shall be subject to enforcement via chapter 2, article
X, entitled "Code enforcement" and any other remedy as provided by law.
(Ord. No. 13412, § 2, 10-10-13; Ord. No. 13454, § 2, 5-8-14)
Editor's note— Ord. No. 13454, § 2, adopted May 8, 2014, changed the title of section 10-114
from "Compliance with this article" to "Compliance with this article in Coconut Grove." The
historical notation has been preserved for reference purposes.
Sec. 10-115. - Compliance with this article in the Downtown Development District.
(a) All properties with opaque security screens and shutters not in compliance with this article shall come
into compliance on or before May 1, 2016.
(b) The city shall not issue a building permit for new construction which uses permanent security screens
and shutters to comply with wind loads and impact tests, as defined and described in Chapter 16 of
the Florida Building Code, as amended.
(c) However, any issuance of a building permit for the exterior remodeling of a building or replacement
of windows will trigger immediate compliance with this article.
(d) Once nonconforming security screens and shutters are removed, the use of highly reflective surfaces,
including reflective glass and mirrors, is prohibited on the ground floor. Windows shall be clear glass
and allow only those coverings or percentage of window covering as approved in the Miami 21 Zoning
Ordinance, as amended.
(e) Legally installed transparent security screens and shutters as of the date of this ordinance located in
the Downtown Development District that do not otherwise comply with the Miami 21 Zoning Ordinance
are exempt from enforcement for failure to comply with this article. All other nonconforming security
screens and shutters, shall be subject to enforcement via chapter 2, article X, entitled "Code
enforcement" and any other remedy as provided by law.
(Ord. No. 13454, § 2, 5-8-14)
Page 46
Sec. 10-116. - Compliance with this article in the Neighborhood Revitalization District 1.
(a) Any issuance of a building permit for exterior remodeling of a building that exceeds 50 percent of the
facades along the frontage of the existing building or replacement of windows will trigger immediate
compliance with this article.
(b) The city shall not issue a building permit for any new construction which uses permanent security
screens and shutters to comply with wind loads and impact tests, as defined and described in Chapter
16 of the Florida Building Code, as amended.
(c) Once nonconforming security screens and shutters are removed, the use of highly reflective surfaces,
including reflective glass and mirrors, is prohibited on the ground floor. Windows shall be clear glass
and allow only those coverings or percentage of window covering as approved in the Miami 21 Code,
the zoning ordinance, as amended.
(d) Legally installed transparent security screens and shutters as of the date of the ordinance from which
this section derives located in the Neighborhood Revitalization District 1 that do not otherwise comply
with the Miami 21 Code, the zoning ordinance, are exempt from enforcement for failure to comply with
this article. All other nonconforming security screens and shutters, shall be subject to enforcement via
chapter 2, article X, entitled "Code Enforcement" and any other remedy as provided by law.
(Ord. No. 13555, § 2, 9-24-15)
Secs. 10-117-10-119. - Reserved.
ARTICLE VIII. - SQUATTERS
Sec. 10-120. - Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the
meanings indicated in this section:
Dwelling means a building or structure of any kind, including any attached porch, whether such building
or structure is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be
occupied by people lodging therein at night, together with the curtilage thereof.
Lessee is defined to include the lessee, any sublessee, or any other legal occupant of the property.
Owner is defined as the person(s), legal entity, or other party having any legal ownership interest in
real property, including but not limited to, owners identified on the blighted, unsecured or abandoned
structures registration form; or a purchaser, devisee, lessee, fiduciary, or holder of an unrecorded deed.
This term shall not apply to the city.
Property is defined as any "structure" or "dwelling" as defined by this section of the City Code.
Squatting is defined as the occupation of private property, a structure, or a dwelling without
authorization from the owner or lessee.
Squatters are defined as occupants of private property, a structure, or a dwelling without authorization
from the owner or lessee.
Structure means a building of any kind, either temporary or permanent, which has a roof or partial roof
over it, together with the curtilage thereof.
(Ord. No. 13479, § 2, 9-29-14)
Page 47
Sec. 10-121. - Squatting prohibited.
Squatting is a public nuisance and is strictly prohibited in the city.
(Ord. No. 13479, § 2, 9-29-14)
Sec. 10-122. - Action to remove squatters.
A property owner or lessee is required to take all lawful measures to prevent or remove squatters from
their property.
(Ord. No. 13479, § 2, 9-29-14)
Sec. 10-123. - Penalties.
Any violation of the provisions of this section may be cited pursuant to chapter 2, article X of the City
Code and shall result in a fine of $500.00 for each day the violation remains uncured. These penalties shall
not preclude any other remedies available at law or in equity, including, injunctive relief in the circuit court.
(Ord. No. 13479, § 2, 9-29-14)
Sec. 10-124. - Notice and hearing.
The city, through its code enforcement or police personnel, shall post a notice at the property indicating
its intent to remove squatters and secure the property at least five days in advance of any such action. The
city shall also make reasonable efforts to separately notify the property owner or lessee via certified and
regular mail. The city may provide shorter notice, or act immediately without prior notice, where warranted
by an emergency, such as a danger to the occupants or threat to public safety. Any appeal of the notice
must be received by the city within three days of posting. The failure to appeal constitutes an admission
that the occupants are squatters and an agreement to the remedy of removal. If an appeal is timely received,
the city shall set an administrative hearing before a special master, and the matter shall be heard on an
expedited basis prior to the removal of the occupants, unless such prior removal is warranted by an
emergency, such as a danger to the occupants (unsafe structure or dwelling) or a threat to public safety
and welfare, in which event the hearing shall be held on an expedited basis following the removal.
(Ord. No. 13479, § 2, 9-29-14)
Sec. 10-125. - Removal of squatters and special assessment lien for costs of removal.
The city is authorized to remove squatters from private property and to secure the property. The
property owner or lessee shall pay the city an administrative fee in the amount of $500.00 for the expenses
incurred in removing the squatters and securing the property. If the property owner or lessee does not pay
said fee within 30 days of the date the city sends an invoice, then the city may lien the property with such
fee. The lien created shall be considered a special assessment lien that may be recorded in the public
records of Miami -Dade County. The lien shall accrue interest at the maximum legal rate allowed by law
from the date of the city's invoice until the costs and administrative fee are paid. The city may foreclose on
such lien pursuant to section 2-827 of this City Code. Such lien shall have equal dignity with a tax lien.
(Ord. No. 13479, § 2, 9-29-14)
Sec. 10-126. - Presumption.
Page 48
Squatting may be presumed where the occupant of the property is unable to produce a written
document, such as a lease, license, or other written proof of authorization from the property owner or lessee,
demonstrating that the occupant has permission to be on the property. Squatting may also be presumed
where a property is listed on the vacant, blighted, unsecured or abandoned structure registry pursuant to
section 10-63 and 10-64 of the City Code and yet is occupied. Such presumptions may be rebutted if the
occupant provides competent, substantial evidence demonstrating authorization to occupy the property.
The presumptions stated herein are not the exclusive method for determining whether squatting is occurring
on a specific property.
(Ord. No. 13479, § 2, 9-29-14)
Sec. 10-127. - Other remedies.
The remedies referenced in this division are cumulative with other available remedies pursuant to state
law, including but not limited to an arrest and prosecution pursuant to criminal statutes, civil remedies, and
fines, and are not exclusive. The city may remove trespassers from a property pursuant to state laws,
including in cases where a lawful trespass warning has been provided and the occupants refuse to vacate
the property.
(Ord. No. 13479, § 2, 9-29-14)
Sec. 10-128. - Liability.
Law enforcement officers and code enforcement officers, as well as city staff and agents, are immune
from civil or criminal liability for actions taken to remove squatters and secure property pursuant to the
authority provided herein.
(Ord. No. 13479, § 2, 9-29-14)
ARTICLE IX. - FENCE REQUIREMENTS FOR OVERTOWN
Sec. 10-129. - Fences and "no trespassing" signage required.
(a) Notwithstanding any conflicting provisions in the City Code and/or the Miami 21 Code, the zoning
ordinance of the City of Miami, Florida, as amended, all vacant lots located within the Overtown area
shall be enclosed with at least a four foot high fence. All such fences shall be installed with a permit.
(b) "No Trespassing" signs shall be posted on all vacant lots located within the Overtown area subject to
this article.
(c) The property owner shall provide written consent allowing the Miami Police Department ("MPD") to
enforce the trespassing penalties described in F.S. § 810.08.
As used herein, the "Overtown area" is that area approximately bounded on the north by Northwest
20th Street from Florida East Coast Railroad to Northwest 3rd Avenue to Northwest 5th Avenue; on the
west by the Interstate 95 Expressway ("1-95") from Northwest 21st Terrace to the 836 Expressway and
State Road 836 (East-West) Expressway from 1-95 to the Miami River; on the south by Northwest 3rd Street
from Florida East Coast Railroad to Northwest 7th Avenue and the Miami River from Northwest 7th Avenue
to the 836 Expressway; and on the east by Florida East Coast Railroad right-of-way. (Note: All boundaries
are to be construed expansively, incorporating the breadth of described streets, avenues, expressways,
and railroad property.)
Page 49
(Ord. No. 13637, § 2, 10-13-16)
Sec. 10-130. - Expedited permit approval for fences in Overtown.
Any such fence permits required by this article shall be processed by the city on an expedited basis
and no building permit fee shall be required. The city shall complete its review and issue the fence permit
within three business days of submission of a completed building permit application.
(Ord. No. 13637, § 2, 10-13-16)
Sec. 10-131. - Enhanced penalties.
Any violation of the provisions of this section may be cited pursuant to chapter 2, article X of this Code
and shall result in a fine of $500.00 for each day the violation remains uncured.
If the owner, agent, or occupant of any property within the Overtown area shall fail to comply with the
provisions of this article within 90 days, the city shall cause the property to be fenced and shall keep an
accurate accounting of the costs thereof, whereupon the amount of such costs and the interest thereon
shall constitute and is hereby imposed as a lien against the subject property with equal rank and dignity of
any other special assessment liens. An aggrieved party may appeal both the fees and costs imposed under
this section to a court of competent jurisdiction in accordance with the Florida Rules of Appellate Procedure.
These penalties shall not preclude any other remedies available at law or in equity, including but not
limited to, injunctive relief in the circuit court and special assessments for fencing the property or other work
done by the city.
(Ord. No. 13637, § 2, 10-13-16)
Sec. 10-132. - Other remedies.
The remedies referenced in this article are cumulative with other available remedies pursuant to
Florida law, including but not limited to an arrest and prosecution pursuant to criminal statutes, civil
remedies, and fines, and are not exclusive. The city may remove unauthorized persons from a property
pursuant to Florida laws, including in cases where a lawful trespass warning has been provided and the
occupants refuse to vacate the property.
The city shall also require access to the vacant lot for public safety purposes.
(Ord. No. 13637, § 2, 10-13-16)
Sec. 10-133. - Liability.
Law enforcement officers and code compliance officers, as well as city staff and agents, are immune
from civil or criminal liability for actions taken to remove unauthorized persons and secure property pursuant
to the authority provided herein.
(Ord. No. 13637, § 2, 10-13-16)
Sec. 10-134. - Sunset.
This article will sunset on October 1, 2017, unless this section is earlier repealed by the city
commission.
Page 50
(Ord. No. 13637, § 2, 10-13-16)
Page 51