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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #13783 Ordinance Sponsored by: Francis Suarez, Mayor MAY BE WITHDRAWN AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/IN GENERAL," BY CREATING SECTION 10-10 OF THE CITY CODE, TITLED "DEMOLITION PAYMENT BOND REQUIRED FOR CONSTRUCTION," TO PROVIDE BONDS FOR NEW PERMITS; TO REQUIRE A BOND TO BE POSTED FOR THE COST OF DEMOLITION BY THE CITY OF MIAMI OF THE WORK TO BE PERFORMED SHOULD THE PERMIT HOLDER FAIL TO COMPLETE THE PROJECT IN VIOLATION OF THE FLORIDA BUILDING CODE PERMIT REQUIREMENTS; AND TO PROVIDE A DUE PROCESS APPEAL FOR ANY SUCH DEMOLITION ACTION TAKEN; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 13783 (Revision:) Printed On: 7/17/2025 City of Miami Legislation Ordinance File Number: 13783 MAY BE WITHDRAWN Final Action Date: 12/14/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/IN GENERAL," BY CREATING SECTION 10-10 OF THE CITY CODE, TITLED "DEMOLITION PAYMENT BOND REQUIRED FOR CONSTRUCTION," TO PROVIDE BONDS FOR NEW PERMITS; TO REQUIRE A BOND TO BE POSTED FOR THE COST OF DEMOLITION BY THE CITY OF MIAMI OF THE WORK TO BE PERFORMED SHOULD THE PERMIT HOLDER FAIL TO COMPLETE THE PROJECT IN VIOLATION OF THE FLORIDA BUILDING CODE PERMIT REQUIREMENTS; AND TO PROVIDE A DUE PROCESS APPEAL FOR ANY SUCH DEMOLITION ACTION TAKEN; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Residential and Commercial properties obtain permits for new structures every day in the City of Miami ("City"); and WHEREAS, many construction projects over the past decade have stalled without work being performed and have the issued permits become expired or revoked; and WHEREAS, these uncompleted and abandoned projects create a blight throughout the City and become a burden for the City, which has to go through the demolition process and file suit to recoup the monies spent to perform the demolition; and WHEREAS, these abandoned sites create a health, safety, and welfare issue throughout the community and create a detriment to the property values to the surrounding property owners; and WHEREAS, the proposed changes, which are in the best interest of the residents and property owners, streamline the process for compliance with the permitting procedure as well as to insure payment to the City for those permittees who fail to complete their projects; 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 Code of the City of Miami, Florida, as amended, is further amended in the follow particulars:1 "CHAPTER 10 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: 13783 (Revision:) Printed On: 7/17/2025 BUILDINGS ARTICLE I. IN GENERAL Sec. 10-10. — 10-2n Recer„ed. Demolition Payment Bond Required For Construction. A demolition payment bond ("Demolition Bond") shall be required for all new and existing Permits obtained from the Building Department. The Demolition Bond shall be required for permits relating to: New construction; and (2) Residential and Commercial Property; ILDj Requirements of the Demolition Bond: Llj The Demolition Bond shall be issued in an amount commensurate with the cost of demolition for the full scale of the project the permit will be issued; and This amount shall be calculated by the Building Department using the same methodology as is used to estimate demolition costs by the Unsafe Structure Division; and (3) Demolition and partial demolition Permits shall also be required to post a Demolition Bond; and The Demolition Bond shall be posted in a form and manner approved by the City Manager or Designee. Enforcement. Enforcement shall only apply to issued Permits. Llj The work authorized under the Permit has been suspended or abandoned for six (6) months and: The Building Official has suspended, revoked or canceled the Permit and the Permit is now expired, canceled, revoked or become null and void and fia A new building Permit is not obtained within six (6) months after the building Permit was expired, canceled, revoked, or became null and void. gj Any work halted or suspended due to an injunction or other court order shall not now qualify under this Subsection. City of Miami File ID: 13783 (Revision:) Printed On: 7/17/2025 g1 Notice of violation of the Permit and demolition payment bond shall be issued pursuant to Section 10-101(a)(3), (a)(4), (b)(2) or any other relevant Section of the City Code. (4) The City shall notify the Demolition Bond permit holder of its intent to invoke demolition based upon the failure to comply with the terms of the issued Permit. 01 The City shall seek demolition of the Permitted structure before the Unsafe Structure Panel as provided for in Section 10-101 of the City Code, and once approved by the Unsafe Structure Panel, proceed with demolition and collection of the Demolition Bond. 01 The City shall only redeem the portion of the Demolition Bond that is required to complete the demolition of the permitted structure area and to close out and pay all fees as it relates to the Unsafe Structure Division case violation. L Should the Demolition Bond not cover the full cost of demolition and case costs, the City shall retain the right to collection as provided for in Section 10- 101 of the City Code. Sec. 10-4-G11 — 10-20. Reserved. 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 thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attorney 4/18/2023 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: 13783 (Revision:) Printed On: 7/17/2025