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File ID: #15554
Ordinance
First Reading
Sponsored by: Manolo Reyes, Commissioner
MAY BE WITHDRAWN
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED,
UNSECURED OR ABANDONED STRUCTURES, AND OF DEFAULTED MORTGAGE
PROPERTIES" TO RENAME THIS ARTICLE "RESERVED" AND MOVE THIS
SECTION TO CHAPTER 46 OF THE CITY CODE, TITLED "PUBLIC NUISANCES,"
CREATING ARTICLE I, TITLED "NUISANCE ABATEMENT AND NUISANCE
ABATEMENT BOARD" ENCOMPASSING SECTIONS 46-1 THROUGH 46-11 AND
ADDING RESERVED SECTIONS 46-12 THROUGH 46-20; CREATING ARTICLE II,
TITLED "PUBLIC NUISANCE, REGISTRATION OF VACANT, BLIGHTED,
UNSECURED OR ABANDONED STRUCTURES," CREATING SECTIONS 46-21
THROUGH 46-40 PROVIDING FOR THE REGISTRY PROCESS FOR SUCH
PROPERTIES, ESTABLISHING CRITERIA, FEES AND PENALTIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 15554 (Revision:) Printed On: 7/24/2025
City of Miami
Legislation
Ordinance
File Number: 15554
MAY BE WITHDRAWN
Final Action Date: 3/14/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED,
UNSECURED OR ABANDONED STRUCTURES, AND OF DEFAULTED MORTGAGE
PROPERTIES" TO RENAME THIS ARTICLE "RESERVED" AND MOVE THIS
SECTION TO CHAPTER 46 OF THE CITY CODE, TITLED "PUBLIC NUISANCES,"
CREATING ARTICLE I, TITLED "NUISANCE ABATEMENT AND NUISANCE
ABATEMENT BOARD" ENCOMPASSING SECTIONS 46-1 THROUGH 46-11 AND
ADDING RESERVED SECTIONS 46-12 THROUGH 46-20; CREATING ARTICLE II,
TITLED "PUBLIC NUISANCE, REGISTRATION OF VACANT, BLIGHTED,
UNSECURED OR ABANDONED STRUCTURES," CREATING SECTIONS 46-21
THROUGH 46-40 PROVIDING FOR THE REGISTRY PROCESS FOR SUCH
PROPERTIES, ESTABLISHING CRITERIA, FEES AND PENALTIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, currently the City of Miami "(City") has a partial registry program for the
registration of vacant, abandoned, blighted structures pursuant to Chapter 10, Article IV of
the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, with the rise in property values, more and more large swaths of property in
prime City locations have been left derelict and abandoned creating a public nuisance while
property owners wait for their best price for sale or rebuilding; and
WHEREAS, these large, multi -storied structures remain vacant for years on end leaving
entire areas blighted and City residents and business suffering the consequences; and
WHEREAS, this blight creates a lack of foot traffic, either commercial or residential in
nature, which leads to them becoming areas of petty crime and nuisances; and
WHEREAS, these vacant, blight, abandoned structures lead to an increase in the
requirement for City services such as Police, Fire, Code, Building and Solid Waste; and
WHEREAS, other municipalities such as Hollywood, Pembroke Pones and Broward have
registry fees and Miami Beach enacted a fee structure in 2020 to specifically address
these large scale vacant buildings that blight neighborhoods for years while empty; and;
WHEREAS, the City Commission believes it is in the best interest of the residents of the City
of Miami that a more comprehensive vacant building registry be enacted to remove this blight
and nuisance from our community;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami File ID: 15554 (Revision:) Printed On: 7/24/2025
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 IV2/Article IX of the City Code is amended in the following
particulars:1
"CHAPTER 10
ARTICLE IV. REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR
ABANDONED STRUCTRUES, AND OF DEFAULTED MORTGAGE PROPERTIES
PROPERTY RESERVED.
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 vacanarrt, blighted, unsecurcd, and abandoned str es.
(5) Providing a fair, equitable, and efficient method of allocating and apportioning
the a-se-sed service costs, which constitute a special benefit to residential and
commercial properties, among property owners within the city.
Sec. 10 62. Definitions.
Unless otherwise expre-sly stated, the following terms shall, for the purpose of this article,
have the meanings indicated in this section:
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
ofz r�u lances, Chapter8entitled Building Code amender!;
Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
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added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material
{3) Condemned as defined by Miami -Dade County, Florida Code of Ordinances,
as amended;
{'I} 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;
{5) 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.
Annual registration means 12 months from the date of the first action that required
months. The date of the initial registration may be different than the date of the first action that
required registration.
building and fire codes.
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
(3)
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 Tacks maintenance as defined by the Florida
Building Code; or
(5) A structure which exhibits objectively determinable signs of
deterioration sufficient to constitute a threat to human health, safety, and
public welfare.
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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 owner's 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
actions, by whatever name, associated th ess, bed ess ess is -ram
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.
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.
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 mortgagc
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 succc:cor in intcrcst; or any assignee of the creditor's rights, interests or
obligations under the mortgage agreement.
amcnded.
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 unrccordcd dccd. This tcrm shall also apply to any person, legal entity or agent
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.
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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
recorded; is subject to an ongoing foreclosure action by the mortgagee or trustee; is subject
fe '
of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved
ii� thejforeclosure; and/or any properties transferrer! cinder a deed in lie i 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
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.
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
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
(5)
therein representing a hazard of combustion;
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;
(8) A structure with electrical or mechanical installations or systems creating
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(9)
a hazardous condition contrary to the standards of the Florida Building Code;
er
A structure that by reasons of use or occupancy, the area, height, type of
construction, fire resistivity, means of ingress and egress, electrical equipment,
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
rnaterials and that are not in conformity with the nearby structures or materials not in
compliance with tho 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.
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
(2)
the requirements of subsections (2) through (6).
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
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 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 gla-s 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
option, shall present a case based on the violation to the code enforcement board
yy,, ,a.s defined I'
per section 2 811 of City Code as-ama ide� hich is in Glusive of �pecial
-o-r,-or ��� � �� 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 whcrc 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 owncr of tho
structure at irsue may be required to securc all opcnings 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
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removal from the exterior with a crowbar or other prying device. In addition, the
metallic coveringsst consist of threaded rods or cables attached on the interior
of the structure to a steel cross brace that spars the opening.
d. Failure to comply with the requirements of this section of this article shall
ci ihiect the owner to code enforcement action ac provided in section 1 0_66 of
this article.
(3) All owners of a vacant, blighted, unsecured or abandoned structure shall be
responsible for removing unauthorized signs, posters and graffiti from the structure's
terior unless exempted by this article or the city's zoning ordinance.
(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 sk'llfi it fashion in the same color ac its other exterior walls
Sec. 10 641. 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
(3)
Written consent by the owner allowing the city police department to enforce
the trespa-sing 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.
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(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.
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
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:
(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 211 hours;
(3)
(5)
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
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, unle-c waived by the appropriate department or
agcncy.
(d) The owner shall submit a plan and timeline, as described in subsection (b)(4) to be
approvcd by the cnforccmcnt officcr. The enforcement officer shall require completion of
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 rcvdons and cxtcnsions
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.
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(g)
(2)
(3)
(4)
(5)
s, $525.00 for the third and each subsequent consecutive year the
building remains a blighted, unsecured, vacant or abandoned structure.
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.
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 blighter-1 i nsecured vacant or abandoned the form will indicate that
cubmicsion 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 issuc 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.
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
forme 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, whcthcr 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
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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.
(f)
A non-refundable annual registration fee as established in this article, as
amended, and as applicable, shall accompany each registration pursuantis 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
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.
(i) 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 changc of information containcd in the rcgistration within tcn 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 nece-nary action to ensure compliance with
and, thereafter place, a 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
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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_orthis tic,eand 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.
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 81 /l .
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 bcgin to accruc 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
clone 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 cpccial a-sc-smcnt lien against the real property where the violation exited.
Said special a-sesment lien, until fully paid and released, shall remain a lien equal in rank
an4 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 a-se-sment liens shall accrue pi urs ,art 40 S § 17n 09 as amended
Special a-se-sment 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 owncr shall pay all costs
of '
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
a-cc-cmcnt pursuant to F.S. § 197.3632, as amended.
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.
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Sec. 10 69. Penalties.
Penalties under any provision of this article shall be assessed pursuant to sections 2
82/1 and 2 829.
Sec. 10 69.5. Alternative procedures.
Nothing in this article shall be deemed to preempt existing remedies of the city authorized
under existing law.
Sec. 10-60 through 10-69. Reserved.
*„
Section 3. Chapter 46 of the City Code is amended in the following particulars:' "CHAPTER
46 PUBLIC NUISANCES
ARTICLE I. NUISANCE ABATEMENT AND NUISANCE ABATEMENT BOARD
Sec. 46-1. - Definitions.
For the purpose of this chapter Article I, a "public nuisance" is defined as any place or
premises that has been used:
(1) On more than two occasions within a six-month period, as the site of a
violation of F.S. § 796.07 as amended, entitled "Prohibiting prostitution, etc.";
(2) On more than two occasions within a six-month period, as the site of the
unlawful sale, delivery, manufacture, or cultivation of any controlled
substance;
On one occasion as the site of the unlawful possession of a controlled
substance, where such possession constitutes a felony and that has
been previously used on more than one occasion as the site of the
unlawful sale, delivery, manufacture, or cultivation of any controlled
substance;
(3)
(4) By a criminal street gang for the purpose of conducting a pattern of
criminal street gang activity as defined by F.S. § 874.03 as amended; or
(5)
On more than two occasions within a six-month period, as the site of a
violation of F.S. § 812.019 as amended, relating to dealing in stolen property.
(6) On more than two occasions within a six-month period, as the site of a
violation of any combination of the following:
a. F.S. § 782.04, relating to murder;
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b. F.S. § 782.051, relating to attempted felony murder;
c. F.S. § 784.045(1)(a)2., relating to aggravated battery with a
deadly weapon; or
d. F.S. § 784.021(1)(a), relating to aggravated assault with a
deadly weapon without intent to kill.
Such property may be declared to be a public nuisance, and such nuisance may be abated
pursuant to the procedures provided in this chapter.
For the purpose of this chapter "operator" means an owner or person having possession or
charge of as agent or otherwise having interest in or control of the building, place or
premises.
For the purpose of this chapter, "complaint" shall mean the official process by which cases
are initiated and brought before the nuisance abatement board.
Notwithstanding any other law, a rental property that is declared a nuisance under this
section may not be abated or subject to forfeiture under the Florida Contraband Forfeiture Act
if the nuisance was committed by someone other than the property owner and the property
owner commences rehabilitation of the property within 30 days after the property is declared
a nuisance and completes the rehabilitation within a reasonable time thereafter.
Sec. 46-12 through 46-20. Reserved.
ARTICLE II. REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR
ABANDONED STRUCTRUES, AND OF DEFAULTED MORTGAGE PROPERTIES
Sec. 46-21. - Intent.
(1) Abandoned and/or Vacant real property, which is unmaintained or Unsecured, 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, safety and welfare of
the residents of the City of Miami.
(2) The purpose of this article is to protect the public health, safety and welfare by:
Establishing a program for identification and registration of vacant,
blighted, Unsecured and Abandoned structures.
Establishing the responsibilities of owners of vacant, blighted, Unsecured
and Abandoned structures.
Providing for administration, enforcement and penalties.
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
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and commercial properties, among property owners within the city.
Sec. 46-22. - 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:
LU Unsecured;
Unsafe as defined herein or as in Chapter 8 of the Miami -Dade County,
Florida, Code of Ordinances, as amended, or Chapter 10 of the City Code, as
amended:
Condemned as defined by either the City of Miami or Miami -Dade
County, Florida Code of Ordinances, as amended;
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;
Boarded up, partially destroyed, or partially constructed or incomplete after
the building permit authorizing its construction has expired;
gj Accessible to trespassers, the subject of criminal activity or other
unauthorized persons; or
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.
Annual registration means 12 months from the date of the first action that required
registration, as determined by the City Manager or 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, as amended
Approved materials means all City approved materials used to secure a Structure.
Blighted property means:
Structures that have broken or severely damaged windows, doors, walls,
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or roofs which create hazardous conditions and encourage trespassing or
malicious mischief; or
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; or
A Structure defined as a public nuisance pursuant to Section 46-1, as
amended or pursuant to State Statute; or
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 Codes, as
amended.
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 Codes.
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 any law enforcement officer, Code Compliance Inspector,
Building Inspector, Fire Inspector or City Manager Designee.
Evidence of vacancy means any condition that, on its own or combined with other conditions
present, would lead a reasonable person to believe that the property is vacant. Such
conditions may include, but are not limited to: Overgrown and/or dead vegetation; electricity,
water or other utilities turned off; a stagnant swimming pool; statements by neighbors,
passers-by, delivery agents, or government agents; accumulation of Abandoned personal
property; and/or a readily accessible residence, structure and/or building on the property.
Foreclosure means the legal process by which a Mortgagee, or other lien holder, terminates
a property owner's 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
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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 Manager of Designee may allow a non -local property
manager to be listed.
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.
Notice of lis pendens means the lis pendens as identified and described in F.S. § 48.23, as
amended.
Occupied means any building or structure used or intended to be used by persons. The term
shall be construed as though followed by the words, "or intended, arranged, or designed to be
occupied."
Operator means any person who has charge, care or control of a building.
Owner or property 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.
Premises means any occupied or unoccupied building, accessory structure, lot or parcel of
land or any part thereof, used or intended to be used for stores, commercial or office
buildings, or residential purposes, including multiple -family dwelling, single-family dwelling,
two-family dwelling, condominium and cooperative.
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,
and can be 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 assessor's 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
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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 (5) 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.
Vacant means any real property, including any building or structure thereon, that is not
lawfully occupied or inhabited by human beings as evidenced by the conditions set forth in the
definition of evidence of vacancy above.
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:
LU A Structure which has collapsed, is in danger of partial or complete collapse,
or unable to support the weight of normally imposed loads;
A Structure with any exterior parts which are loose or in danger of failing;
gj A Structure which is vacant, unguarded and open at doors or windows;
A Structure with an accumulation of debris or other material
therein representing a hazard of combustion;
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;
Oi A Structure or structural parts that are in deterioration;
gi A Structure that is partially destroyed;
Oi A Structure with electrical or mechanical installations or systems creating
a hazardous condition contrary to the standards of the Florida Building
Code:
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; or
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(10) A Structure as defined by Chapter 10, Article VI of the City Code, as amended.
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.
Sec. 46-23. - Responsibilities of Owners of Vacant, Blighted, Unsecured or
Abandoned Structures.
No Owner shall maintain a Blighted, Unsecured or Abandoned Structure.
LU An Owner of a Blighted, Unsecured or Abandoned Structure shall comply with
the requirements of subsections (2) through (6).
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 Compliance 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 in Chapter 2, Article X of the City Code, as
amended. 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 determines that
this Section has been violated, the Owner of the Structure and/or Property 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
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spans the opening.
d. Failure to comply with the requirements of this Section of this Article shall
subject the Owner to Code enforcement action, pursuant to Section 46-28
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,
as amended.
L‘U Every Owner of a Vacant, Blighted, Unsecured or Abandoned Structure shall keep
the premises free from rodents, insects, vermin, and other wild animals.
The roof of every Structure shall be well drained of rainwater.
All materials used to secure blighted, Unsecured or Abandoned Structures shall
be painted in a skillful fashion in the same color as its other exterior walls.
Sec. 46-24. - Vacant Structure Registration.
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
46-25. Such registration shall include:
fU A description of the premises including address, legal description, and
folio number;
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 Miami Police Department to
enforce the trespassing penalties described in F.S. § 810.08.
fb Owners of Vacant Structures located within a multi -family building shall not have
to comply with this Section if:
The multi -family Structure has a property manager on the premises;
fj The multi -family Structure has a homeowners' association responsible for
the management and maintenance of the property;
fj The multi -family Structure has security located on or responsible for
the property; and
L4j 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
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or agent who can be contacted within 24 hours;
c. Written consent by the owner allowing the Miami Police Department
to enforce the trespassing penalties described in F.S. § 810.08.
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 46-25.
LQ This registration must be done upon any transfer of the property and every October
1st thereafter or as determined by the City Manager or Designee.
Sec. 46-25. - Blighted, Unsecured, vacant or Abandoned Structure Registration.
After any Structure in the City becomes a Blighted, Unsecured, Vacant or
Abandoned Structure the owner shall register the property as provided in this
Section. This shall include properties required to register pursuant this Article.
The registration shall be submitted on designated forms and shall, at a
minimum, include the following information supplied by the owner:
LU A description of the premises, including address, legal description and
folio number;
The names, addresses and contact numbers of the owner, or agents, that
can be contacted within 24 hours;
The names, addresses and contact numbers of all known lien holders and
all other parties with an ownership interest in the Structure;
A Plan and timeline for bringing the Structure into compliance; and
Written consent by the owner allowing the Miami Police Department to
enforce the trespassing penalties described in F.S. § 810.08.
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.
The Owner shall submit a Plan and timeline, as described in subsection (b)(4) to
be approved by the City Manager or Designee. The City Manager or Designee
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 all applicable
Federal, State, or Local Codes.
The owner shall notify the City Manager or Designee of any changes to the
information supplied on the Registration immediately. All Plan and timeline revisions
and extensions must be approved by the City Manager or Designee.
The Owner of a Blighted, Unsecured, Vacant or Abandoned Structure shall pay
a registration fee:
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LU 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.
d. If the property Structure is three (3) stories or higher, a
nonrefundable annual fee of $0.30 per square foot of the structure
shall be paid.
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 pursuant to Section 46-28. 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.
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 Miami 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 Miami Police Department's authority to issue a trespass
warning by notifying the Miami Police Department on the registration form or
in writing directed to the Chief of Police.
The City Manager or Designee shall keep a file for all registered Blighted,
Unsecured Vacant or Abandoned Structures, which shall include any information
from interested parties or citizens regarding the history, problems, status or blighting
influence of such Structure.
Sec. 46-26. - Defaulted Mortgage real property registration.
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
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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 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.
ILD 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.
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 (5) 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.
LQ 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 (5) 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 (10) days of that inspection,
update the occupancy status of the property registration.
I A non-refundable annual registration fee as established in this Article, as amended,
and as applicable, shall accompany each registration pursuant to this Section. See Section
46-25.
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 or 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 (10) days of
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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 lien on the property for the cost of the work
performed to benefit the property and bring it into compliance.
(m) 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 this Article and
Chapter 2, Article X of the City Code, as amended.
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.
Sec. 46-27. Posting on Property
Any property structure that qualifies under this Article for registry is required to keep posted
as sign, no less than eight (8) inches by ten (10) inches which expressly provides the
following information:
THIS PROPERTY IS MANAGED BY:
(Name of property management company)
TO REPORT PROBLEMS OR CONCERNS CALL:
(Telephone number of property management company)
The posting is required to be in English, Spanish and Creole and placed in a visible area,
preferable an interior window, or secured to an exterior wall at the Structure main entrance.
The Local Property Manager shall be required to inspect weekly to ensure the sign
remains intact and legible. Exterior posting shall be constructed of and printed with
weather -resistant materials.
Sec. 46-28. Enforcement.
(a) Failure to comply with the requirements of this Article shall subject the Owner to
enforcement action including pursuant to Chapter 2, Article X of the City Code, as
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amended, Florida Statutes or other lawful avenues available. The use of one
method shall not preclude the use of another.
(b) 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, Vacant 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 fines 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.
(c) If the work is done or caused to be done by the City, the City Manager or Designee
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 (10)
days after the Owner is notified, by certified mail and posting at the property, interest
shall begin to accrue annually at the statutory rate and a lien recorded until paid in
full.
(d) 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.
(e) 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. Ch. 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 attorney's 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 27 valorem assessment pursuant to F.S. Ch. 197.3632,
as amended.
Sec. 46-29. 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.
Sect. 46-30 through 46-40. 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 immediately after its adoption and signature of the
Mayor.2
City of Miami File ID: 15554 (Revision:) Printed On: 7/24/2025
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.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 2/12/2024
City of Miami File ID: 15554 (Revision:) Printed On: 7/24/2025