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HomeMy WebLinkAboutO-14118City of Miami Ordinance 14118 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12148 Final Action Date: 10/27/2022 AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 23/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION," PROVIDING FOR FURTHER PENALTIES AND ENFORCEMENT OPTIONS FOR PROPERTY OWNERS THAT ALLOW HISTORICALLY DESIGNATED STRUCTURES TO DECAY TO THE POINT OF REQUIRING DEMOLITION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King WHEREAS, the City of Miami ("City") is just over one hundred years old; and WHEREAS, our historically designated properties are the treasures of our community and show the history of Miami's architecture throughout the years; and WHEREAS, over the years, the Historic Preservation Division of the Planning Department, the Code Compliance Department and the Building Department have come across many historically designated properties that have been neglected to the point that they require demolition, thereby destroying the very history and architecture the City is trying to save; and WHEREAS, pursuant to Section 23-2 of the Code of the City of Miami, Florida, as amended ("City Code"), Demolition by Neglect is defined as, "[t]he deliberate or inadvertent failure to maintain minimum maintenance standards for those properties designated historic either individually or as a contributing property within a historic district or as a thematically - related historic resource within a multiple property designation by action of the historic and environmental preservation board"; and WHEREAS, enforcement for properties that fall into the category of being Demolition by Neglect has only been an imposition of per diem fines after being adjudicated by the Code Compliance Board pursuant to Section 23-6.2(i)(3)(c) of the City Code; and WHEREAS, however the above penalty does not provide any avenue to the requirement that a like structure in a like foot print be rebuilt on the property that was allowed to deteriorate and instead property owners are rewarded and can build much larger homes without adhering to what was previously there; and WHEREAS, as other local communities with historical neighborhoods have strengthened their efforts to keep these properties intact, it would be in the best interest of the City and its residents to do the same; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 6 File ID: 12148 (Revision: B) Printed On: 6/23/2025 File ID: 12148 Enactment Number: 14118 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 23 of the City Code is hereby amended in the follow particulars:1 "CHAPTER 23" HISTORIC PRESEVERATION ARTICLE 1. HISTORIC PRESERVATION Sec. 23-6.2. — Certificate of appropriateness. (h) Guidelines for issuing certificates of appropriateness. (1) Alteration of existing structures, new construction. Generally, for applications relating to alterations or new construction as required in subsection (a) the proposed work shall not adversely affect the historic, architectural, or aesthetic character of the subject structure or the relationship and congruity between the subject structure and its neighboring structures and surroundings, including but not limited to form, spacing, height, yards, materials, color, or rhythm and pattern of window and door openings in building facades; nor shall the proposed work adversely affect the special character or special historic, architectural or aesthetic interest or value of the overall historic site, historic district, or multiple property designation. Except where special standards and guidelines have been specified in the designation of a particular historic resource, historic district, or multiple property designation, or where the board has subsequently adopted additional standards and guidelines for a particular designated historic resource, historic district, or multiple property designation, decisions relating to alterations or new construction shall be guided by the U.S. Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings." (2) Replacement of existing Structures. It is presumed that a building demolished without obtaining a Certificate of Appropriateness from the Board or was demolished pursuant to an order of the Unsafe Structure Panel or whose property Structure was determined to be an immediate threat of danger required to be demolished by order of the Building Official or that is the subject of a Demolition by Neglect adjudication by the Code Enforcement Board or Magistrate, shall only be replaced with a new Structure that incorporates the same Height, massing and square footage of the previous Structure on site, not to exceed the floor area ratio (FAR) of the demolished Structure. and not to exceed the maximum FAR and Height permitted under the City Code, with no additional square footage added. This presumption shall be applicable in the 1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 6 File ID: 12148 (Revision: B) Printed on: 6/23/2025 File ID: 12148 Enactment Number: 14118 event a building permit for new construction or for repair or Rehabilitation is issued, and Demolition occurs for any reason, including, but not limited to, an order of the Building Official or the Unsafe Structure Panel. a. This presumption shall also be applicable to any request for an "after- the -fact" Certificate of Appropriateness. This presumption may be rebutted, and the Board may allow for the addition of more square footage, where appropriate, not to exceed the maximum permitted under the City Code, if it is established to the satisfaction of the Board that the following criteria have been satisfied: 1. The proposed new Structure is consistent with the context and character of the immediate area; and 2. The property owner made a reasonable effort to regularly inspect and maintain the Structure free of structural deficiencies and in compliance with the minimum maintenance standards of this Code. b. Reconstruction of Demolished contributing Structures. The Board shall determine, on a case -by -case basis, whether the Reconstruction of an original, contributing Structure is warranted. The requirement to be Reconstructed in an original manner is applicable in the event that a contributing building is Demolished without obtaining a Certificate of Appropriateness from the Board or was demolished pursuant to an order of the Unsafe Structure Panel or whose property Structure was determined to be an immediate threat of danger required to be Demolished by order of the Building Official or -that is the subject of a Demolition by Neglect adjudication by the Code Enforcement Board or Magistrate. This shall be applicable in the event a building permit for new construction or for repair or Rehabilitation is issued, and Demolition occurs for any of the reasons listed. For purposes of this subsection, Reconstruction shall be defined as the act or process of depicting, by means of new construction, the form, features, and detailing of a non -surviving site, building, Structure for the purpose of replicating its appearance at a specific period of time and in its historic location. The board shall have full discretion as to the exact level of Demolition and Reconstruction is required. The requirement for Reconstruction may be rebutted, and the Board may allow for a new design in accordance with subsection (b)(3) below, if it is established to the satisfaction of the Board that any of the following criteria are satisfied: 1. The proposed new Structure is consistent with the context and character of the immediate area; or 2. Other properties with the same associative value have survived; or City of Miami Page 3 of 6 File ID: 12148 (Revision: B) Printed on: 6/23/2025 File ID: 12148 Enactment Number: 14118 3. Sufficient historical documentation does not exist to ensure an accurate reproduction (23) Applications for a waiver, or exception or exclusion. An application for a waiver(s), or exception or exclusion from the provisions of the Miami 21 Code will be made on forms provided by the planning department, and will be processed and noticed in accordance with the procedures for a special certificate of appropriateness. (34) Ground disturbing activity in archeological zones, archeological sites, or archeological conservation areas. a. No certificate of appropriateness shall be issued for new construction, excavation, tree removal, or any other ground disturbing activity until the city's archeologist has reviewed the application and made his/her recommendation concerning the required scope of archeological work. The board may require any or all of the following: 1. Scientific excavation and evaluation of the site at the applicant's expense by an archeologist approved by the board. 2. An archeological survey at the applicant's expense conducted by an archeologist approved by the board containing an assessment of the significance of the archeological site and an analysis of the impact of the proposed activity on the archeological site. 3. Proposal for mitigation measures. 4. Protection or preservation of all or part of the archaeological site for green space, if the site is of exceptional importance and such denial would not unreasonably restrict the primary use of the property. b. The board may issue a certificate to dig with a delayed effective date of up to 45 calendar days to allow any necessary site excavation or assessment. (45) Unreasonable or undue economic hardship. a. Where strict enforcement of the provisions of this section would result in an unreasonable or undue economic hardship to the applicant, the board shall have the power to vary or modify the provisions of this section, including adopted guidelines. The fact that compliance would result in some increase in costs shall not be considered unreasonable or undue economic hardship if the use of the property is still economically viable. b. Any applicant wishing to assert unreasonable or undue hardship must submit as a part of the application for a certificate of appropriateness a City of Miami Page 4 of 6 File ID: 12148 (Revision: B) Printed on: 6/23/2025 File ID: 12148 Enactment Number: 14118 written statement presenting the factual data establishing such economic hardship. The written statement presenting factual data shall be in the form of a sworn affidavit containing the following information: 1. The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased; 2. The assessed value of the land and improvements thereon according to the three most recent assessments; 3. The amount of real estate taxes for the previous three years; 4. All appraisals obtained by the owner or applicant within the previous three years in connection with the potential or actual purchase, financing or ownership of the property; 5. All listings of the property for sale or rent within the previous three years, prices asked and offers received, if any; 6. For income producing property only, a profit and loss statement for the property containing the annual gross income for the previous three years; itemized expenses, including operating and maintenance costs, for the previous three years; annual cash flow for the previous three years; and proof that the owner has made reasonable efforts to obtain a reasonable rate of return on the owner's investment and labor; 7 Any consideration by the applicant as to uses or adaptive uses of the property; c. In the event that any of the required information is not reasonably available to the applicant or cannot be obtained, the applicant shall file with the affidavit a statement of the information that cannot be obtained and shall described the reasons why such information is unavailable. d. Notwithstanding the submission of the above information, the board may require, at the applicant's expense, additional evidence, including, but not limited to, architectural, structural and/or financial evaluations or studies as are reasonably necessary in the opinion of the board to determine the economic feasibility of rehabilitation of the structure. (i) Demolition by neglect. (3) Enforcement. City of Miami Page 5 of 6 File ID: 12148 (Revision: B) Printed on: 6/23/2025 File ID: 12148 Enactment Number: 14118 a. Notice of administrative enforcement. Enforcement shall be as provided pursuant to Chapter 2, Article X, entitled "Code Enforcement," of the City of Miami Code, as amended. b. Civil actions for injunction and remedial relief; lien on property. In addition to code enforcement remedies, if the property owner fails to take corrective action within the time prescribed, the city may file any civil action ordering the property owner to take corrective actions and the city may seek damages and seek any other relief available under Florida Law. The court may order an injunction providing such remedies if the city proves that the owner has violated this ordinance and such violation threatens the integrity or existence of a designated historic property. In the event that a court order authorizes that the city enter into the property and take corrective action, the cost of the corrective action incurred by the city shall be a municipal special assessment lien against the property. Such lien shall, until fully paid and discharged, be of equal rank and dignity with the lien of ad valorem taxes,and shall be superior in rank and dignity to all other liens, encumbrances, titles, claims in, to or against the real property involved. Such liens may be instituted and enforced pursuant to Chapter 173, Florida Statutes, 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's fees, service charges, civil penalties, and liens imposed by virtue of this ordinance. *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor 1 ey 9/13/2022 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 6 File ID: 12148 (Revision: B) Printed on: 6/23/2025