HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
Second Reading
File ID: #14075
Date: 05/30/2023
Commission Meeting Date: 07/27/2023
Type: Ordinance
Subject: Amend Code - Chapter 10 -
Unsafe Structures Panel Orders
Requesting Department: Department of
Building
Sponsored By: Christine King
District Impacted: All
PURPOSE OF ITEM:
The purpose of this item is to request an amendment to Chapter 10, Article VI of the
Code of the City of Miami, Florida, as amended ("City Code"), entitled "BUILDINGS",
"UNSAFE STRUCTURES AND UNSAFE STRUCTURES PANEL", providing for a year
long amnesty program for homestead properties owners and owner -occupied
residences which are in breach of unsafe structures panel orders and have not already
had an extension of time hearing based upon the passage of Ordinance No. 14085; and
providing for an effective date.
BACKGROUND INFORMATION:
On September 13, 2022, Ordinance 14085 was passed by the City Commission
creating a method by which homestead exempt and/or owner occupied residential
properties in default of an order of the unsafe structure panel could seek an extension
for compliance. Currently, pursuant to Section 10-101(m) of the Code of the City of
Miami, Florida, as amended ("City Code"), a homestead exempt and/or owner occupied
residential property has sixty (60) days to request a post -hearing extension of time
before the unsafe structure panel. Due to the number of property owners who can avail
themselves to this relief, it is believed to be in the best interest of our community and
community stakeholders that additional time be provided to allow for a post -hearing
extension of time request.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
City Commission
City Manager's Office
Office of Management and Budget
Office of Management and Budget
Joseph Castro
Anna Medina
Fred Pericles
Marie Gouin
Reviewed B
Meeting
Department Head Review
Budget Analyst Review
Budget Review
Completed
Completed
Completed
Completed
06/08/2023 9:00 AM
06/08/2023 8:43 PM
06/10/2023 4:46 PM
06/12/2023 11:08 AM
City of Miami File ID: 14075 (Revision:) Printed On: 7/8/2025
City Manager's Office Nzeribe Ihekwaba Deputy City Manager Review Completed 06/12/2023 11:44 AM
City Manager's Office Arthur Noriega V City Manager Review Completed 06/12/2023 1:57 PM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 06/12/2023 2:16 PM
Office of the City Attorney Patricia Arias ACA Review Completed 06/12/2023 3:15 PM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 06/12/2023 6:39 PM
City Commission Todd B. Hannon Meeting Completed 06/22/2023 9:00 AM
City Commission Nicole Ewan Meeting Completed 07/27/2023 9:00 AM
Office of the Mayor Mayor's Office Signed by the Mayor Completed 08/03/2023 5:33 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 08/03/2023 5:39 PM
Office of the City Clerk City Clerk's Office Rendered Completed 08/03/2023 5:39 PM
City of Miami File ID: 14075 (Revision:) Printed On: 7/8/2025
City of Miami
Legislation
Ordinance
Enactment Number:14194
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14075 Final Action Date: 7/27/2023
AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING
CHAPTER 10/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/UNSAFE
STRUCTURES," PROVIDING FOR A ONE (1) YEAR AMNESTY
PROGRAM FOR HOMESTEAD EXEMPT AND OWNER -OCCUPIED
RESIDENCES WHICH ARE IN BREACH OF UNSAFE STRUCTURE
PANEL ORDERS AND HAVE NOT ALREADY HAD AN EXTENSION OF
TIME HEARING BASED UPON THE PASSAGE OF ORDINANCE NO.
14085; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on September 13, 2022, the City Commission adopted Ordinance 14085,
creating a method by which homestead exempt and/or owner occupied residential properties in
default of an order of the unsafe structure panel could attempt compliance; and
WHEREAS, currently, pursuant to Section 10-101(m) of the Code of the City of Miami,
Florida, as amended ("City Code"), a homestead exempt and/or owner occupied residential
property had sixty (60) days to request a post -hearing extension of time before the unsafe
structure panel; and
WHEREAS, due to the number of property owners who can avail themselves to this
relief, it is believed to be in the best interest of our community and community stakeholders that
additional time be provided to allow for the post -hearing extension of time request;
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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 10 of the City Code is amended in the following particulars:1
"CHAPTER 10
BUILDINGS
ARTICLE VI. UNSAFE STRUCTURES
Sec. 10-101. — Unsafe structures and unsafe structures panel.
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: 14075 (Revision:) Printed On: 7/8/2025
(m) Post -hearing extension of time.
(3) Amnesty Program: Upon adoption of the amendment to this section under [Ord.
No. 1/1085], aAny homestead exempt and/or owner -occupied residential property
currently in default of an order of the unsafe structure panel ate, who has not already
sought and obtained an Extension of Time hearing pursuant to Ordinance No. 14085,
may request a one (1) time post-hearinq extension of time hearing before the Unsafe
Structure Panel if the following conditions are met:
a. Owner who can show they havc has made a good faith attempt to
comply with the order; and
b. Owner which has been impeded by changed circumstances or other
circumstances outside of the owner's control;; and
c. Owner has been an active participant in the process of legalizing or
repairing the determined deficienciesi and
d. Owner provides, in writing, what has been done since the date of the
unsafe structure panel order and a timetable for compliance of all required
repairs shall have all days to regi,est a post hearing extension of time before
the unsafe structure panel.
Failure to request the post -hearing extension within one (1) year of the effective date
of this amendment shall leave the original order in full force and effect.
*„
Section 3. If any section, part of section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon adoption by the City
Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
"ndez, City tor
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: 14075 (Revision:) Printed On: 7/8/2025