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City of Miami
Ordinance 14307
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16379
Final Action Date: 9/26/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "BUILDING/UNSAFE STRUCTURES," TO PROVIDE FOR
A FURTHER AMNESTY FOR SINGLE FAMILY HOMES AS WELL AS A PILOT
PROGRAM FOR NEW COMMERCIAL PROPERTY PURCHASERS SUBJECT
TO UNSAFE STRUCTURE PANEL ORDERS REQUIRING DEMOLITION THAT
WERE ISSUED PRIOR TO PURCHASE; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes, Commissioner Christine King
WHEREAS, Section 10-101(m)(3) of the Code of the City of Miami, Florida, as amended
("City Code") provides for a limited amnesty program for homestead exempt or owner -occupied
properties to secure further hearings before the Unsafe Structure Panel ("Panel") if there is
currently an order in default which does not provide for a breach hearing; and
WHEREAS, this amnesty program only contemplates orders issued by the Panel prior to
the Spring of 2022 as after that time, the Panel orders did provide for "breach" hearings rather
than immediate demolition for failure to comply with the Panel order as issued; and
WHEREAS, the current amnesty has allowed for many residential property owners to
save and secure their homes and come into compliance with the City Code; and;
WHEREAS, there are many properties left abandoned by property owners for which
other parties wish to purchase and bring the properties and structures back into the City's
growing economy; and
WHEREAS, properties where old owners have failed to abide by Panel rulings to repair
the property structures causing them to now be now subject to demolition can leave many areas
with blighted structures and no meaningful economic activity; and
WHEREAS, providing a limited amnesty on such properties as well as extending the
single family residence amnesty is in the best interest of the residents and businesses of the
City of Miami; and
WHEREAS, a pilot program for new commercial property owners will provide a great
assistance to business persons seeking new and stable investments in the City;
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.
City of Miami
Page 1 of 4 File ID: 16379 (Revision: B) Printed On: 1/9/2025
16379 Scrivener's Error Memo
THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP
ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT.
File ID: 16379 Enactment Number: 14307
Section 2. Chapter 10, Article VI of the City Code is amended in the following
particulars:1
"CHAPTER 10
BUILDING
ARTICLE VI. UNSAFE STRUCTURES
Sec. 10-101. Unsafe structures and unsafe structures panel.
*
(m) Post -hearing extension of time; Amnesty Program.
(1) Requests for extensions of time from unsafe structure panel orders. Any owner or
interested party may seek an extension of the timeframes set forth in an order of the
unsafe structures panel. Such request for a hearing to seek such extension must be in
writing, directed to the unsafe structures panel clerk. The unsafe structures panel shall
not be authorized to extend any deadline for compliance, set forth in the order, unless
the unsafe structures division of the building department, unsafe structure panel clerk
receives the written request for extension prior to the deadline specified in the initial
order. For example, in the event the unsafe structures panel order states that a permit
must be obtained within a specified period, the request for extension of the deadline to
obtain the permit must be received prior to the expiration of that specified period. If the
same order provides a deadline for completion of the structure, the request for the
extension for the deadline of completion must be received prior to the deadline for
completion, provided that the applicant has complied with the permit deadline.
(2) To obtain an extension, the owner or interested party must demonstrate to the
reasonable satisfaction of the unsafe structures panel that the structure that is the
subject of the order is secure at the time the extension is sought and that the owner or
applicant has made a good faith attempt to comply with the order which has been
impeded by changed circumstances or other circumstances outside of the owner or
applicant's control. As a further condition of the extension, the owner or interested
party must submit in writing, together with the petition for an extension, a written
timetable for compliance with the substantive provisions of the order and for
completion of all necessary repairs. The unsafe structures panel shall not reconsider
the order, limiting its consideration of the petition to deciding whether the grounds for
an extension have been satisfied in the manner set forth in this subsection.
(3) Amnesty program for Single Family Residence or Duplex Properties and Pilot Program
for Commercial Properties.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 4 File ID: 16379 (Revision: B) Printed on: 1/9/2025
THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP
ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT.
File ID: 16379 Enactment Number: 14307
a. Any Single
Family Residence or Duplex Properties currently in default of an order of the
unsafe structure panel that was issued prior to April 15, 2022, and —who has
not already sought and obtained an extension of time or breach hearing
, may request a one-time post -hearing
extension of time or breach hearing before the unsafe structure panel if the
following conditions are met:
al. Owner has made a good faith attempt to comply with the order; and
b2. Owner has been impeded by changed circumstances or other
circumstances outside of the owner's control; and
63.
d4.
Owner has been an active participant in the process of legalizing or
repairing the determined deficiencies; and
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 and a Florida licensed Architect or Engineer has
certified the safety of the structure with a letter provided to the City
under seal; and
5. The date to appear before the Unsafe Structure Panel does not insure
the Owner will be provided more time to repair the Property structure
and does not estop the City from recommending either repair or
demolition of the Property structure based on the facts and
circumstances of the case.
•
b. As part of a Pilot Program, any new purchaser of a commercial pFdper , who
purchases a property that has an order of the Unsafe Structure Panel requiring
demolition of the property structure due to the prior owner's failure to comply
with the required repair timelines provided, may request a breach hearing under
the following circumstances:
1. The new purchaser shall have no familial, economic, business or other
related interests to any prior owner of the violating property. The sale
must be an arm's length transaction. An affidavit under oath attesting to
same must be provided along with the request for breach hearing; and
2. The new purchaser shall make the request for hearing, in writing, via
email to the Unsafe Structure Clerk; and
3. The new purchaser shall provide a full set of plans for the necessary
scope of repairs to be reviewed by the Unsafe Structures Section no
later than thirty (30) days before the hearing date; and
City of Miami Page 3 of 4 File ID: 16379 (Revision: B) Printed on: 1/9/2025
THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP
ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT.
File ID: 16379
Enactment Number: 14307
4. If a full set of plans are not provided and all other conditions are not met,
the matter will be removed from the scheduled hearing agenda; and
5. This Subsection shall apply retroactively to new purchasers prior to the
passaqe of Ordinance No. 14307; and
6. The Commercial Property Amnesty Pilot Program shall expire on
September 25, 2025, but can be extended for one year by City
Commission Resolution.
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:
Wy y ng III, C y`ACttor�ey / 9/27/2024
Wy j ng III, C y or =y 1/9/2025
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.
City of Miami Page 4 of 4 File ID: 16379 (Revision: 8) Printed on: 1/9/2025
City of Miami
Ordinance 14307
Legislation
File Number: 16379
SUBSTITUTED
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/2 2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CH fr 'TER
10/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AMENDED, TITLED "BUILDING/UNSAFE STRUCTURES," TO PR' IDE FOR
A FURTHER AMNESTY FOR SINGLE FAMILY HOMES AS WE AS A PILOT
PROGRAM FOR NEW COMMERCIAL PROPERTY PURCHA ' RS SUBJECT
TO UNSAFE STRUCTURE PANEL ORDERS REQUIRING DOLITION THAT
WERE ISSUED PRIOR TO PURCHASE; CONTAINING A ` VERABILITY
CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFE IVE DATE.
SPONSOR(S): Commissioner Manolo Reyes, Commissioner ristine King
WHEREAS, Section 10-101(m)(3) of the Code of the of Miami, Florida, as amended
("City Code") provides for a limited amnesty program for ho estead exempt or owner -occupied
properties to secure further hearings before the Unsaf- tructure Panel ("Panel") if there is
currently an order in default which does not provide for •reach hearing; and
WHEREAS, this amnesty program only cont
the Spring of 2022 as after that time, the Panel
than immediate demolition for failure to comply
plates orders issued by the Panel prior to
ers did provide for "breach" hearings rather
h the Panel order as issued; and
WHEREAS, the current amnesty h allowed for many residential property owners to
save and secure their homes and come i • compliance with the City Code; and;
WHEREAS, there are many operties left abandoned by property owners for which
other parties wish to purchase a bring the properties and structures back into the City's
growing economy; and
WHEREAS, propertie here old owners have failed to abide by Panel rulings to repair
the property structures cau ' g them to now be now subject to demolition can leave many areas
with blighted structures a • no meaningful economic activity; and
WHEREAS, • •viding a limited amnesty on such properties as well as extending the
single family resid- ce amnesty is in the best interest of the residents and businesses of the
City of Miami; an
WHE AS, a pilot program for new commercial property owners will provide a great
assistance , business persons seeking new and stable investments in the City;
W, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THEN CITY :OF
MIA , FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
dopted by reference and incorporated as if fully set forth in this Section.
City of Miami Page 1 of 4 File ID: 16379 (Revision: A) Printed On: 1/9/2025
File ID: 16379
SUBSTITUTED
Enactment Number. 14307
Section 2. Chapter 10, Article VI of the City Code is amended in the following
particulars:1
"CHAPTER 10
BUILDING
ARTICLE VI. UNSAFE STRUCTURES
Sec. 10-101. Unsafe structures and unsafe structures panel.
* * *
(m) Post -hearing extension of time; Amnesty Program.
(1)
(2)
Requests for extensions of time from unsafe stru
interested party may seek an extension of the ti
unsafe structures panel. Such request for a hea
writing, directed to the unsafe structures pane
not be authorized to extend any deadline fo
the unsafe structures division of the build'
receives the written request for extensi
order. For example, in the event the
must be obtained within a specified
obtain the permit must be receive
same order provides a deadlin
extension for the deadline of
completion, provided that th
To obtain an extensio
reasonable satisfactio
subject of the order
applicant has ma
impeded by ch
applicant's co
party must
timetable
complef
the or
an e
re panel orders. Any owner or
frames set forth in an order of the
g to seek such extension must be in
Jerk. The unsafe structures panel shall
ompliance, set forth in the order, unless
g department, unsafe structure panel clerk
prior to the deadline specified in the initial
afe structures panel order states that a permit
riod, the request for extension of the deadline to
rior to the expiration of that specified period. If the
for completion of the structure, the request for the
ompletion must be received prior to the deadline for
pplicant has complied with the permit deadline.
the owner or interested party must demonstrate to the
of the unsafe structures panel that the structure that is the
secure at the time the extension is sought and that the owner or
a good faith attempt to comply with the order which has been
ged circumstances or other circumstances outside of the owner or
rol. As a further condition of the extension, the owner or interested
bmit in writing, together with the petition for an extension, a written
r compliance with the substantive provisions of the order and for
of all necessary repairs. The unsafe structures panel shall not reconsider
r, limiting its consideration of the petition to deciding whether the grounds for
ension have been satisfied in the manner set forth in this subsection.
(3) nesty program for Single Family Residence or Duplex Properties and Pilot Program
or Commercial Properties.
ords and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 4 File ID: 16379 (Revision: A) Printed on: 1/9/2025
SUBSTITUTED
File ID: 16379 Enactment Number: 14307
a. Any Single
Family Residence or Duplex Properties currently in default of an order of the
unsafe structure panel that was issued prior to April 15, 2022, and who ha
not already sought and obtained an extension of time or breach hear g
pursuant to Ordinance No. 14085, may request a one-time post -he ing
extension of time or breach hearing before the unsafe structure pane if the
following conditions are met:
al. Owner has made a good faith attempt to comply with the or -r; and
b2. Owner has been impeded by changed circums - ces or other
circumstances outside of the owner's control; and
s3. Owner has been an active participant in the • •cess of legalizing or
repairing the determined deficiencies; and
44. Owner provides, in writing, what has bee- done since the date of the
unsafe structure panel order, aiad a t etable for compliance of all
required repairs and a Florida lice .ed Architect or Engineer has
certified the safety of the structure 1 ith a letter provided to the City
under seal; and
5. The date to appear before th- nsafe Structure Panel does not insure
the Owner will be provided ore time to repair the Property structure
and does not estop the itv from recommending either repair or
demolition of the Pr• ertv structure based on the facts and
circumstances of the c -e.
b. As part of a Pilot P r • pram, any new purchaser of a commercial property, who
purchases a prop- that has an order of the Unsafe Structure Panel requiring
demolition of t property structure due to the prior owner's failure to comply
with the requi d repair timelines provided, may request a breach hearing under
the followin• circumstances:
City of Miami
1. e new purchaser shall have no familial, economic, business or other
related interests to any prior owner of the violating property. The sale
must be an arm's length transaction. An affidavit under oath attesting to
same must be provided along with the request for breach hearing; and
The new purchaser shall make the request for hearing, in writing, via
email to the Unsafe Structure Clerk; and
3. The new purchaser shall provide a full set of plans for the , nece ary
scope of repairs to be reviewed by the Unsafe Structures, Section no
later than thirty (30) days before the hearing date; and
•
Page 3 of 4 File ID: 16379 (Revision: A) Printed on: 1/9/2025
File ID: 16379
SUBSTITUTED
Enactment Number: 14307
4. If a full set of plans are not provided and all other conditions are not met,
the matter will be removed from the scheduled hearing agenda; and
5. This Subsection shall apply retroactively to new purchasers prior to -
passage of Ordinance No. 14307; and
6. The Commercial Property Amnesty Pilot Program shall e •ire on
September 25, 2024, but can be extended for one ve- by City
Commission Resolution.
Section 3. If any section, part of section, paragraph, clause, rase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinan shall not be affected.
Section 4. This Ordinance shall become effective immedia - y upon adoption by the City
Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
9/27/2024
2 T s Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
ys from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
ffective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 4 of 4 File ID: 16379 (Revision: A) Printed on: 1/9/2025
SUBSTITUTED
City of Miami
Legislation
Ordinance
File Number: 16379 Final Action ► te:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTE
10/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AM DED,
TITLED "BUILDING/UNSAFE STRUCTURES," TO PROVIDE FOR A FUR ' ER
AMNESTY FOR SINGLE FAMILY HOMES AS WELL AS NEW PROPE
PURCHASERS SUBJECT TO UNSAFE STRUCTURE PANEL ORDE • REQUIRING
DEMOLITION THAT WERE ISSUED PRIOR TO PURCHASE; CON • INING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIAT FFECTIVE DATE.
WHEREAS, Section 10-101(m)(3) of the Code of the City of ami, Florida, as amended
("City Code") provides for a limited amnesty program for homeste. • exempt or owner -occupied
properties to secure further hearings before the Unsafe Stru re Panel ("Panel") if there is
currently an order in default which does not provide for a brea hearing; and
WHEREAS, this amnesty program only contempla ' orders issued by the Panel prior to
the Spring of 2022 as after that time, the Panel orders ' d provide for "breach" hearings rather
than immediate demolition for failure to comply with th : anel order as issued; and
WHEREAS, the current amnesty has allo ed for many residential property owners to
save and secure their homes and come into co . lance with the City Code; and;
WHEREAS, there are many prope -s left abandoned by property owners for which
other parties wish to purchase and brin • the properties and structures back into the City's
growing economy; and
WHEREAS, properties wher old owners have failed to abide by Panel rulings to repair
the property structures causing the to now be now subject to demolition can leave many areas
with blighted structures and no ' -aningful economic activity; and
WHEREAS, providi a limited amnesty on such properties as well as extending the
single family residence a r esty is in the best interest of the residents and businesses of the
City of Miami;
NOW, THE FORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA.
Sectio 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by erence and incorporated as if fully set forth in this Section.
ction 2. Chapter 10, Article VI of the City Code is amended in the following
partic - rs:1
"CHAPTER 10
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
ynchanaed material.
City of Miami File ID: 16379 (Revision:) Printed On: 9/17/2024
SUBSTITUTED
BUILDING
ARTICLE VI. UNSAFE STRUCTURES
* * *
Sec. 10-101. Unsafe structures and unsafe structures panel.
* * *
(m) Post -hearing extension of time; Amnesty Program.
(1)
(2)
Requests for extensions of time from unsafe structure pan
interested party may seek an extension of the timeframes
unsafe structures panel. Such request for a hearing to se
writing, directed to the unsafe structures panel clerk. Th
not be authorized to extend any deadline for complia
the unsafe structures division of the building depa
receives the written request for extension prior t
order. For example, in the event the unsafe str
must be obtained within a specified period, th
obtain the permit must be received prior to t
same order provides a deadline for com
extension for the deadline of completi
completion, provided that the applican
To obtain an extension, the o
reasonable satisfaction of the
subject of the order is secure
applicant has made a goo
impeded by changed circ
applicant's control. As
party must submit in
timetable for com
completion of all
the order, limiti
an extension
(3) Amnesty
orders. Any owner or
t forth in an order of the
such extension must be in
unsafe structures panel shall
, set forth in the order, unless
ent, unsafe structure panel clerk
he deadline specified in the initial
ures panel order states that a permit
equest for extension of the deadline to
expiration of that specified period. If the
etion of the structure, the request for the
must be received prior to the deadline for
as complied with the permit deadline.
er or interested party must demonstrate to the
safe structures panel that the structure that is the
the time the extension is sought and that the owner or
aith attempt to comply with the order which has been
stances or other circumstances outside of the owner or
further condition of the extension, the owner or interested
riting, together with the petition for an extension, a written
ance with the substantive provisions of the order and for
cessary repairs. The unsafe structures panel shall not reconsider
its consideration of the petition to deciding whether the grounds for
ve been satisfied in the manner set forth in this subsection.
gram.
a. ny Single
Family Residence or Duplex Properties currently in default of an order of the
unsafe structure panel that was issued prior to April 15, 2022, and ;who has
not already sought and obtained an extension of time or breach hearing
, may request a one-time post -hearing
extension of time or breach hearing before the unsafe structure panel if the
following conditions are met:
City of Miami
al. Owner has made a good faith attempt to comply with the order; and
File ID: 16379 (Revision:) Printed On: 9/17/2024
P. I does not insure
Property structure
Ina either repair or
d on the facts and
SUBSTITUTED
b2. Owner has been impeded by changed circumstances or other
circumstances outside of the owner's control; and
G3. Owner has been an active participant in the process of legalizing
repairing the determined deficiencies; and
4:14. Owner provides, in writing, what has been done since the dat= of the
unsafe structure panel order, and a timetable for complia e of all
required repairs and a Florida licensed Architect or E neer has
certified the safety of the structure with a letter provide to the City
under seal; and
5. The date to appear before the Unsafe Structure
the Owner will be provided more time to repair
and does not estop the City from recomm
demolition of the Property structure ba
circumstances of the case.
b. Any new purchaser of a commercial pro - rtv, who purchases a property that
has an order of the Unsafe Structure P. el requiring demolition of the property
structure due to the prior owner's f ure to comply with the required repair
timelines provided, may request a breach hearing under the following
circumstances:
1. The new purchaser s - I have no familial, economic, business or other
related interests to - v prior owner of the violating property. The sale
must be an arm's qth transaction. An affidavit under oath attesting to
same must be p 4vided along with the request for breach hearing; and
2. The new p haser shall make the request for hearing, in writing, via
email to t Unsafe Structure Clerk; and
3. The purchaser shall provide a full set of plans for the necessary
scoof repairs to be reviewed by the Unsafe Structures Section no
la r than thirty (30) days before the hearing date; and
4. If a full set of plans are not provided and all other conditions are not met,
the matter will be removed from the scheduled hearing agenda; and
This Subsection shall apply retroactively to new purchasers prior to the
passage of Ordinance No. ; andN
Section 3. If any section, part of section, paragraph, clause, phrase, or word bf this
rdinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami File ID: 16379 (Revision:) Printed On: 9/17/2024
SUBSTITUTED
Section 4. This Ordinance shall become effective immediately upon adoption by the City
Commission?
APPROVED AS TO FORM AND CORRECTNESS:
L)
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
jterein. whichever is later.
City of Miami File ID: 16379 (Revision:) Printed On: 9/17/2024