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File Number: 15-01309
City of
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "BUILDINGS/UNSAFE STRUCTURES", MORE PARTICULARLY BY
AMENDING SECTION 10-101, ENTITLED "UNSAFE STRUCTURES PANEL", TO
CLARIFY APPELLATE RIGHTS FOR PARTIES AGGRIEVED BYTHE DECISION OF
THE CITY OF MIAMI'S UNSAFE STRUCTURES PANEL; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Florida Rules of Appellate Procedure provide that appeals of the actions of a lower
tribunal, such as the City of Miami's ("City") Unsafe Structures Panel ("USSP"), are appealed to the
Appellate Division of the Eleventh Judicial Circuit Court for Miami -Dade County, Florida; and
WHEREAS, any person aggrieved by a final order of the USSP, such as an owner or lienholder,
may appeal said final order; and
WHEREAS, the City Commission wishes to clarify the unsafe structures appeal procedures set
forth in the Code of the City of Miami, Florida, as amended ("City Code") to ensure adherence to the
Florida Rules of Appellate Procedure and applicable case law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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.
Section 2. Chapter 10 of the City Code, is amended in the following particulars:{1)
"CHAPTER 10
BUILDINGS
ARTICLE VI. - UNSAFE STRUCTURES
Sec. 10-101. - Unsafe structures panel.
(n) Judicial review. Any owner or of thGrized representativeinterested party aggrieved by a
decision of the unsafe structures panel may seek judicial review of that decision in
accordance with Rule 9.110(c) of the Florida Rules of Appellate Procedure. Accordingly,
City of Dliami Page I of 2 File Id: 15-01309 (Version.: 1) Printed On: 1012812015
File Number: 15-01309
any order, requirement, decision, denial of a request for extension of time, or
determination of the unsafe structures panel shall be reviewed by the filing of a notice of
appeal in the circuit court appellate division of the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida, within 30 days of rendition of the order.
Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. 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 5. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPP
)fVEq AS TO FORM AND CORRECTNESS:
i_
VIVrORIA(MENDEZ '
CITY ATTORNEY
Footnotes:
{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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) calendar 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 2 of 2 File Id. 15-01309 (Version.: 1) Priwed On: 1012812015