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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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