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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #12577 Ordinance Second Reading Sponsored by: Alex Diaz de la Portilla, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/CODE RELIEF PROGRAM"; MORE PARTICULARLY BY AMENDING SECTION 10-70 TO AMEND THE LEGALIZATION PROCESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 12577 (Revision: A) Printed On: 6/23/2025 City of Miami Legislation Ordinance Enactment Number: 14121 File Number: 12577 Final Action Date: 11/17/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/CODE RELIEF PROGRAM"; MORE PARTICULARLY BY AMENDING SECTION 10-70 TO AMEND THE LEGALIZATION PROCESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the current economic climate makes it difficult for residents to bring their properties built under old building and zoning codes into compliance without proof of proper permits; and WHEREAS, many additions and structures were previously built without permits but pursuant to legal codes at the time of construction; and WHEREAS, pursuant to Ordinance No. 13933 adopted on October 22, 2020, the City Commission adopted Chapter 10/Article V/Sections 10-70 thru Section 10-75 of the Code of the City of Miami, Florida, as amended ("City Code"), establishing the Code Relief Program ("Program") to allow for homestead property owners to participate in an amnesty program to bring their properties into compliance with the Florida Building Code for unpermitted work completed prior to March 1, 2002; and WHEREAS, the City of Miami ("City") has the opportunity to continue to assist those who wish to legalize their properties in a manner that allows the safe and orderly procurement of permits to allow for such legalization; and WHEREAS, the expenses associated with the legalization of these older structures can be a great expense to an unsuspecting owner and properties with Code Compliance liens can be burdened with running fines during the process; and WHEREAS, it is in the best interest of the residents of the City for the Program to continue; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 10/Article V of the City Code is further amended in the following particulars:1 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami File ID: 12577 (Revision: A) Printed On: 6/23/2025 "CHAPTER 10 BUILDINGS 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 or structures located on homestead and Owner -Occupied property constructed prior to March 1, 2002. Minimal life -safety requirements must be met, including but not limited to, side and rear setbacks. 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 director, 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. Owner -Occupied means any residential home that is occupied by the owning party for which Homestead Exemption is not attainable. The Owner -Occupied owner shall also provide a sworn affidavit specifically stating, "I hereby certify that I live at this residence, and I do not declare my Homestead elsewhere" along with a copy of a Federal or State government issued identification showing the property as their residency. 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 City of Miami File ID: 12577 (Revision: A) Printed On: 6/23/2025 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. Sec. 10-72. Criteria and process. Existing remodeling work and additions located on homestead and Owner -Occupied property 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. Any work that is required to be legalized that was built after March 1, 2002 shall have to follow the Florida Building Code as required by law. 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 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: (3) 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; City of Miami File ID: 12577 (Revision: A) Printed On: 6/23/2025 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. 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 and has completed the program abated. Upon completion of the program, the director of code enforcement will advise the director of financo City Manager, or Designee, of the eligibility of the participant to pay the mitigated have the fines abated according to the chart below. Once proof of payment to the finance department is given to the director of code cnforccmcnt, the dircctor of codc cnforccmcnt will caucc an affidavit of compliance to be i-sued. The Code Compliance Department shall comply the open Code Compliance case and the Planning Department shall cause any recorded lien to be released based upon abatement as provided in this Section. s Amount to be mitigated in dollar Homestead Property in dollars Seniors or Disabled or Veterans in dollars Payment Option 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. City of Miami File ID: 12577 (Revision: A) Printed On: 6/23/2025 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. Sec. 10-75. Administrative variance. Pursuant to review by the zoning director, 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. Secs. 10-76-10-100. Reserved. *„ 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 immediately upon final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 9/13/2022 ndez, City Attor ey ) 11/7/2022 ndez, City Attor ey 9/30/2022 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 File ID: 12577 (Revision: A) Printed On: 6/23/2025