Loading...
HomeMy WebLinkAboutO-14443City of Miami Ordinance 14443 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18442 Final Action Date: 2/12/2026 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE VI/SECTION 10-101, TITLED "BUILDINGS / UNSAFE STRUCTURES / UNSAFE STRUCTURES AND UNSAFE STRUCTURES PANEL," MORE PARTICULARLY BY AMENDING SECTION 10-101(M), TITLED "POST -HEARING EXTENSION OF TIME; AMNESTY PROGRAM," TO CONVERT THE EXISTING COMMERCIAL PROPERTY AMNESTY PILOT PROGRAM TO A PERMANENT PROGRAM; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King WHEREAS, on September 26, 2024, the City Commission adopted Ordinance No. 14307, which established the Commercial Property Amnesty Pilot Program ("Pilot Program") in the City of Miami ("City"); and WHEREAS, the Pilot Program allows new purchasers of commercial property to request a breach hearing if the property is subject to an order from the Unsafe Structures Panel requiring demolition, due to the prior owner's failure to comply with required repairs; and WHEREAS, such breach hearings may be scheduled under specific circumstances as outlined in Ordinance; and WHEREAS, the City Commission is desirous to continue providing assistance to business persons seeking new and stable investments in the City through the commercial property amnesty program; and WHEREAS, the City Commission wishes to establish the regulatory framework for a permanent commercial amnesty program; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 10, Article VI of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars: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 unchanged material. City of Miami Page 1 of 4 File ID: 18442 (Revision:) Printed On: 3/6/2026 File ID: 18442 Enactment Number: 14443 BUILDINGS 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. 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: 1. Owner has made a good faith attempt to comply with the order; and 2. Owner has been impeded by changed circumstances or other circumstances outside of the owner's control; and City of Miami Page 2 of 4 File ID: 18442 (Revision:) Printed on: 3/6/2026 File ID: 18442 Enactment Number: 14443 3. Owner has been an active participant in the process of legalizing or repairing the determined deficiencies; and 4. Owner provides, in writing, what has been done since the date of the unsafe structure panel order, 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 art of a pilots -any new purchaser of a commercial property, 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 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 5. This subsection shall apply retroactively to new purchasers prior to the passage 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 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 effective immediately upon its adoption and City of Miami Page 3 of 4 File ID: 18442 (Revision:) Printed on: 3/6/2026 File ID: 18442 signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: Enactment Number: 14443 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: 18442 (Revision:) Printed on: 3/6/2026