File Number: 023468
|File Number: 023468||File Type: Ordinance||Status: Adopted|
|Version: 0||Reference: 03-38||Control: County Commission|
|Requester: NONE||Cost:||Final Action: 3/11/2003|
|Sunset Provision: No||Effective Date:||Expiration Date:|
|Registered Lobbyist:||None Listed|
|Acting Body||Date||Agenda Item||Action||Sent To||Due Date||Returned||Pass/Fail|
|Board of County Commissioners||3/11/2003||6A||Adopted||P|
|Recreation & Cultural Affairs Committee||2/12/2003||1B1||Forwarded to BCC with a favorable recommendation||P|
|REPORT:||There being no objection, the Committee considered the following proposed ordinance simultaneously with Agenda Item 4G, an accompanying County Manager's report. There being no persons present wishing to appear before the committee in connection with today's public hearing, Commissioner Sorenson commended Mr. Ivan Rodriguez for his initiatives in developing this proposed ordinance and for fostering a consensus among representatives of the various municipalities involved. Commissioner Heyman spoke in support of the foregoing proposed ordinance, which she noted could be used as a catalyst to direct funds for structural repairs to historical buildings before the deterioration or damage was irreparable. Assistant County Manager, Alina Hudak, acknowledged the support provided to the Historical Preservation Society by Assistant County Attorney Tom Logue and Chairman of the Board, Mr. McKinney, as well as other members of the Historical Preservation Society.|
|County Attorney||1/10/2003||Assigned||Recreation & Cultural Affairs Committee||2/12/2003|
|Board of County Commissioners||12/17/2002||13K||Adopted on first reading||P|
|County Attorney||12/6/2002||Assigned||Thomas W. Logue|
ORDINANCE AMENDING THE MIAMI-DADE COUNTY HISTORIC PRESERVATION ORDINANCE; PROVIDING ADDITIONAL PROTECTIONS TO HISTORIC RESOURCES; EXPANDING THE JURISDICTION REGARDING ARCHEOLOGY; ESTABLISHING MINIMUM STANDARDS FOR MUNICIPAL REGULATION OF HISTORIC PRESERVATION; ENACTING PROVISIONS REGARDING HISTORIC PROPERTIES SUBJECT TO UNSAFE STRUCTURES LAWS; CLARIFYING MEASURES THE COUNTY MAY REQUIRE FOR DEVELOPMENT OF ARCHEOLOGICAL ZONES AND SITES; REQUIRING PROPERTY OWNER ASSERTING AN ECONOMIC HARDSHIP TO PRODUCE CERTAIN INFORMATION; PROHIBITING DEMOLITION BY NEGLECT; REQUIRING MAINTENANCE OF HISTORIC PROPERTIES; PROVIDING FOR ADMINSTRATIVE AND LEGAL ENFORCEMENT; AMENDING OTHER PROVISIONS OF THE HISTORIC PRESERVATION ORDINANCE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 16A-2 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 16A-2. Declaration of legislative intent.
It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of properties of historical, cultural, archeological, >>paleontological,<< aesthetic and architectural merit are in the interests of the health, prosperity
and welfare of the people of Miami-Dade County. Therefore, this chapter is intended to:
(1) Effect and accomplish the protection, enhancement and perpetuation of buildings, structures, improvements, landscape features >>, paleontological<< and archeological resources of sites and districts which represent distinctive elements of the County's cultural, social, economic, political, scientific, religious, prehistoric and architectural history;
(2) Safeguard the County's historical, cultural, archeological, >>paleontological<< and architectural heritage, as embodied and reflected in such individual sites, districts and archeological zones;
(3) Foster civic pride in the accomplishments of the past;
(4) Protect and enhance the County's attraction to visitors and the support and stimulus to the economy thereby provided; and
(5) Promote the use of individual sites and districts for the education, pleasure and welfare of the people of Miami-Dade County.
Section 2. Section 16A-3 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 16A-3. Scope of regulations.
>>(1) This chapter is intended to and shall govern incorporated and unincorporated Miami-Dade County.
(2) The regulatory jurisdiction of the Miami-Dade County Historic Preservation Board pursuant to this Chapter shall extend to:
(a) all property located in the unincorporated areas of Miami-Dade County;
(b) all property located in incorporated areas of Miami-Dade County except where the municipality has enacted its own historic preservation ordinance in accordance with section 16A-3.1;
(c) archeology and paleontology zones and sites in the incorporated and unincorporated areas of Miami-Dade County except where the municipality has enacted its own historic preservation ordinance in accordance with section 16A-3.1 and the municipality, within 365 days of the effective date of this ordinance, enacts an ordinance that (1) expressly retains jurisdiction over archeology and paleontology zones and sites, (2) adopts regulations as least as protective of archeology and paleontology zones and sites as those in this Chapter, and (3) commits the municipality to retain sufficient archeological personnel or consultants to enforce such regulations; and
(d) the enforcement of the minimum standards established by this Chapter as set forth in this Chapter.<<
[[(1)]]>>(3)<<[[This chapter is intended to and shall govern and be applicable to all property located in unincorporated Miami-Dade County, Florida.]] Nothing contained herein shall be deemed to supersede or conflict with applicable building and zoning codes. Provisions contained herein shall be cumulative and read in conjunction with other provisions of the Miami-Dade County Code. [[All municipalities within Miami-Dade County shall have up to and including July 1, 1982, to adopt local ordinances with respect to districts, individual sites and archeological zones. Adherence with this chapter by municipalities shall be deemed accomplished by the filing of each municipality's respective ordinance with the Clerk of the Miami-Dade County Board of County Commissioners.
(2) Before a municipal historic preservation ordinance shall be filed, it shall address the following sections: The establishment of an Historic Preservation Board with powers and duties; the creation of a process to designate individual sites, districts and archeological zones; a process of review of certificates of appropriateness and certificates to dig; and an appeal process. Municipalities shall also submit the proposed ordinance to the National Register of Historic Places for certification by the National Register to be eligible for the 1981 Economic Recovery Tax Act as amended. Although municipalities are not restricted for implementing the ordinance prior to National Register certification, the municipality must obtain certification as expeditiously as reasonably possible.
(3) Should any municipality fail to adopt an ordinance regulating historic preservation prior to July 1, 1982, this chapter shall govern.]]
Section 3. Section 16A-3.1 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
16A-3.1. Municipal Historic Preservation
(1) County Technical and Legal Support for Municipal Preservation.
The Director of the Office of Historic Preservation and the County Attorney's Office may provide a requesting municipality with technical and legal assistance in preservation matters. Such assistance is not intended to replace the municipality's own commitment of resources to preservation or to divert resources from the County's own preservation responsibilities.
(2) Timeframes for Municipalities to Enact Historic Preservation Ordinances.
(a) Municipalities incorporated prior to July 1, 1982 were given the option to adopt their own municipal historic preservation ordinances or be governed by the County ordinance. The following municipalities enacted their own ordinances: Coral Gables, Hialeah, Homestead, Miami, Miami Beach, Miami Shores, Miami Springs, Opa-locka, and South Miami.
(b) Municipalities incorporated after July 1, 1982 but before the effective date of this ordinance have until one year after the effective date of this ordinance to adopt their own preservation ordinances.
(c) Municipalities incorporated after the effective date of this ordinance have until one year after the effective date of their incorporation to adopt their own preservation ordinances.
(3) Status of Designated Properties After Transition of Jurisdiction.
In the event that a municipality assumes jurisdiction of historic preservation from Miami-Dade County by enacting an ordinance as provided in this section, all properties previously designated by the Miami-Dade Historic Preservation Board shall have the status and protections of properties designated under the municipality's historic preservation ordinance unless and until such designation is removed by formal action of the municipality pursuant to its ordinance. The same rule shall apply if the County assumes jurisdiction from a municipality.
(4) Minimum Standards for Municipal Ordinances.
(a) To comply with the minimum standards for historic preservation ordinances a municipal ordinance shall contain provisions:
(1) that establish a historic preservation board which shall be empowered to designate individual sites or districts and to issue certificates of appropriateness; or to advise the city commission regarding such matters. In this regard, this ordinance shall constitute authority for a municipality to delegate to its preservation board the power to designate sites and districts and issue certificates of appropriateness.
(2) that provide procedures for the municipality, its staff, the Director of the Miami-Dade County Office of Historic Preservation, and private parties to recommend the initiation of designations of historic districts and individual historic sites, whether residential, commercial, industrial or other, pursuant to due notice to affected parties, legally-enforceable standards, quasi-judicial hearings, and appeals to court;
(3) that protect designated sites or districts by preventing the issuance of building, construction, zoning, and demolition permits or the significant change of appearance of such sites or districts until a written certificate of appropriateness has been issued;
(4) that protect property owners by procedures (1) to de-designate properties and (2) to vary or modify historic regulation based upon economic hardship pursuant to due notice to affected parties, legally-enforceable standards, quasi-judicial public hearings, and appeals to courts;
(5) that provide economic incentives for preservation;
(6) that regulate and prevent the demolition of historic buildings by neglect, and
(7) that establish the Secretary of Interior's Standards for Rehabilitation as standards governing preservation, although a municipality may establish additional standards.
(b) It is a violation of the minimum standards of this Chapter for a municipal historic preservation ordinance
(1) to exempt an otherwise historic property from historic regulation or designation on the basis that the owner did not consent to the regulation or designation;
(2) to allow the issuance of a permit for the demolition of a historically-regulated property unless, after a public hearing pursuant to the ordinance, a variance based upon economic hardship has been granted or a certificate of appropriateness to demolish based on express standards in the ordinance has been issued. In this regard, it is a violation of the minimum standards of this Chapter to permit the issuance of a certificate of appropriateness for demolition based solely upon the passage of a certain amount of time after the owner has applied to demolish.
(c) Municipalities that have already enacted historic preservation ordinances as of the effective date of this ordinance shall have 365 days from the effective date of this ordinance to bring their ordinances into compliance with these minimum standards.
(d) The minimum standards created in these sub-section shall not apply to any municipality that is recognized as a Certified Local Government by the Florida Secretary of State.
(5) Guidelines for Municipal Enforcement.
Municipalities are encouraged to comply with the following guidelines, but these guidelines shall not serve as minimum standards:
(a) have a quorum appointed to its historic preservation board at least 9 months in any 12 month period;
(b) conduct public meetings of its historic preservation board no less than 6 times in every calendar year;
(c) provide sufficient professional staff to its historic preservation board to allow the board to conduct its business, including evaluating properties and districts for designation, reviewing and issuing certificates of appropriateness, holding quasi-judicial hearings, and otherwise enforcing the terms of its historic preservation ordinance;
(d) conduct a separate public hearing to consider for designation each property within its jurisdiction listed on the National Register of Historic Places; and
(e) produce at least one designation report per calendar year until all properties in its jurisdiction listed as historically significant on the City or the County's last survey have been considered.
(6) Municipality Shall File Annual Report. Municipalities that exercise jurisdiction of historic preservation shall annually file a report with the Clerk of the Board of the Miami-Dade County Commission. This report shall briefly state the name, address and qualification of its historic preservation board members; when each member joined and, if applicable left the board; the name, address and telephone number of its historic preservation staff members and consultants; and the number of designation reports and certificates of appropriateness prepared and considered in that year. Attached to the report shall be a copy of the minutes of the meetings of the municipality's historic preservation board for that year and any designation reports and certificates of appropriateness prepared by its staff during that year.
(7) Municipal Authority To Obtain Continuances Before Unsafe Structure Agencies.
A municipality that has enacted its own historic preservation ordinance in accordance with this section may obtain continuances before unsafe structure agencies as set forth in section 16A-11 (VI) (b) of this Chapter. For this limited purpose, "Director," "staff," and "Board" as used in that section shall refer to their counterparts in the municipality. The authority provided by this sub-section shall be interpreted only to expand, and not to limit, the discretion of a municipality.
Section 4. Section 16A-3.2 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
16A-3.2. Authority of the Director to Appear as a Party.
In his official capacity, the Director of the Miami-Dade County Office of Historic Preservation shall have the legal authority to initiate or appear as a party in any administrative, legal proceeding, or appeal involving or arising out of a municipality's determination to designate an individual site or district, to grant or deny a certificate of appropriateness, to grant or deny a request to de-designate or grant a variance to a historic property, or to consider other similar matters involving individual sites or districts. In all such matters, the Director shall be represented by the County Attorney.
Section 5. Section 16A-4 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 16A-4. Definitions.
(1) Archeological >>or paleontological<< zone: An area designated by this chapter which is likely to yield information on the >>paleontology,<< history and prehistory of Miami-Dade County based on prehistoric settlement patterns in Miami-Dade County as determined by the results of the Miami-Dade County historic survey. These zones will tend to conform to natural physiographic features which were the focal points for prehistoric and historic activities>> and paleontology<<.
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(3) Certificate to dig: A certificate that gives the Board's permission for certain digging projects that may involve the discovery of as yet unknown or known archeological >>or paleontological<< sites in an archeological >>or paleontological<< zone. This certificate is issued by staff of the Board based on the guidelines for preservation approved by the Board.
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(6) Districts: A collection of archeological >>or paleontological<< sites, buildings, structures, landscape features or other improvements that are concentrated in the same area and have been designated as a district pursuant to this chapter.
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(10) Historic survey: A comprehensive survey compiled by the Historic Preservation Division of the Miami-Dade County Office of Community and Economic Development involving the identification, research and documentation of buildings, sites and structures of any historical, cultural, archeological>>,paleontological<< or architectural importance in Miami-Dade County, Florida.
(11) Individual site: An archeological site, >>a paleontological site,<< building, structure, place or other improvement that has been designated as an individual site pursuant to this chapter. Under the provisions of this chapter interior spaces may be regulated only where a building or structure is a designated individual site >> and where its interiors are specifically designated. <<.
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(15) Undue economic hardship: Failure to issue a certificate would place an onerous and excessive financial burden upon the owner that would amount to the taking of the owner's property without just compensation.
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Section 6. Section 16A-5 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 16A-5. Historic Preservation Board--Created and established.
There is hereby created an Historic Preservation Board, ("the Board"), as a governmental agency of the County government in and for Miami-Dade County, Florida. The Board is hereby vested with the power, authority and jurisdiction to designate, regulate and administer historical, cultural, archeological>>, paleontological<< and architectural resources in Miami-Dade County, Florida, as prescribed by this chapter under the direct jurisdiction and legislative control of the Board of County Commissioners.
Section 7. Section 16A-6 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 16A-6. Same--Members.
The Board shall consist of [[nine (9)]] >>thirteen (13)<< members appointed by the Board of County Commissioners. [[Each member of the Board shall be, and shall hold office only so long as he or she is, a resident and registered voter of Miami-Dade County, Florida. Appointments shall be made on the basis of civic pride, integrity, experience and interest in the field of historic preservation.]] The Board of County Commissioners should attempt to appoint architects, realtors, archeologists, historians, art historians, lawyers or other individuals from the business, financial and other segments of the community who, by virtue of their profession or business, have demonstrated concern for historic preservation. >>The Historic Preservation Board shall contain not less than one architect; one real estate agent or attorney at law; and one historian or architectural historian.<< The term of office of membership shall be [[one (1) year for one (1) member, two (2) years for two (2) members, three (3) years for three (3) members and four (4) years for three (3) members, with appointments thereafter to be for a term of]] four (4) years for each member. Any vacancy occurring on the Board shall be filled by the County Commission for the remainder of the unexpired term, at the earliest possible date. Members shall be eligible for reappointment[[, and shall hold office until their successors have been duly appointed and qualified]]. Members of the Board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their official duties, as shall be determined and approved by the County Commission. >>Members of the Board shall be governed by Section 2-11.36, et seq. of the Code.<< [[Before entering upon the duties of office, each member shall file written acceptance of appointment and take and subscribe to the oath of office prescribed by law, which shall be filed in the office of the Clerk of the County Commission. A member of the Board may be removed from office only by a two-thirds vote of the entire membership of the County Commission; however, whenever a member of the Board shall fail to attend three (3) consecutive meetings, the Chairman shall certify the same to the County Commission. Upon such certification, the member shall be deemed to have been removed and the County Commission shall fill the vacancy by appointment.]]
Section 8. Section 16A-7 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 16A-7. Same-- Organization.
The members of the Board shall >>annually elect<< [[select]] a [[Chairman]] >>Chair<< who shall serve at the pleasure of the Board and such other officers as may be deemed necessary or desirable. The County Manager shall provide adequate >>professional staff<< [[personnel]] for the Board, including but not limited to representatives from the departments of community and economic development, building and zoning, and planning and the >>Office of Historic Preservation<< which shall be deemed the staff of the Board. >>The Office of Historic Preservation shall have a professional Director. The Historic Preservation Board shall be consulted regarding the selection of the Director. The Chair or his or her designee shall serve on any board reviewing candidates for the position of Director.<< Minutes of each Board meeting shall be kept and prepared under the supervision and direction of the Board, and copies of such minutes shall be filed with the Clerk of the County Commission.
Section 9. Section 16A-9 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 16A-9. Same--Powers and duties.
The Historic[[al]] Preservation Board shall have the following enumerated powers and duties:
(1) Adopt or amend rules of procedure.
(2) Designate individual sites, districts and archeological >>and paleontological<< zones.
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>>(14) Review and make recommendations to the Office of Historic Preservation regarding any grant proposals reviewed by the Office of Historic Preservation, including but not limited to Community Development Block Grants.<<
Section 10. Section 16A-10 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 16A-10. Designation process and procedure.
(I) [Criteria.] The Board shall have the authority to designate areas, places, buildings, structures, landscape features, archeological >>and paleontological<< sites and other improvements or physical features, as individual sites, districts or archeological >>or paleontological<< zones that are significant in Miami-Dade County's history, architecture, >>paleontology,<< archeology or culture and possess an integrity of location, design, setting, materials, workmanship or association, or:
(a) Are associated with distinctive elements of the cultural, social, political, economic, scientific, religious, prehistoric, >>paleontological<< and architectural history that have contributed to the pattern of history in the community, Miami-Dade County, south Florida, the State or the nation; or
(b) Are associated with the lives of persons significant in our past; or
(c) Embody the distinctive characteristics of a type, period, style or method of construction or work of a master; or that possess high artistic value; or that represent a distinguishable entity whose components may lack individual distinction; or
(d) Have yielded, or are likely to yield information in history or prehistory; or
(e) Are listed in the National Register of Historic Places.
Section 11. Section 16A-11 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 16A-11. Application for certificate of appropriateness.
(I) [Certificate required as prerequisite to alteration, etc.] No building, structure, improvement, landscape feature or archeological site within Miami-Dade County which is designated pursuant to Section 16A-10 shall be erected, altered, restored, renovated, excavated, moved or demolished until an application for a certificate of appropriateness regarding any architectural features, landscape features or site improvements has been submitted to and approved pursuant to the procedures in this section. Architectural features shall include, but not be limited to, the architectural style, scale, massing, siting, general design>>, the color of exterior paint surfaces,<< and general arrangement of the exterior of the building or structure, including the type, style and color of roofs, windows, doors and appurtenances. Architectural features shall include, when applicable, interior spaces where interior designation has been given pursuant to Section 16A-10. Landscape features and site improvements shall include but are not limited to, site regrading, subsurface alterations, fill deposition, paving, landscaping, walls, fences, courtyards, signs and exterior lighting. No certificate of appropriateness shall be approved unless the architectural plans for said construction, alteration, excavation, restoration, renovation, relocation or demolition are approved by the Board.
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(V) Special certificates of Appropriateness
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>>(e) Unless otherwise provided in the certificate of appropriateness, both regular and special certificates of appropriateness shall expire after 365 days. Staff may grant extensions of time of up to an additional 180 days for restoration or rehabilitation work only upon satisfaction that the scope of the work originally approved has not changed and provided a written request is filed and work is commenced before expiration of the certificate. <<
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(b) Government agencies having the authority to demolish unsafe structures shall receive notice of designation of individual sites, districts or archeological >>and paleontological<< zones pursuant to Section 16A-10. >>The staff of such agencies shall consult with the staff of the Historic Preservation Board before entering a demolition order or placing such properties on an official agenda. Such unsafe structures agencies shall not enter a demolition order unless they first determine in writing that there exists no feasible alternative to demolition.<< The >>Historic Preservation<< Board shall be deemed an interested party and shall [[be entitled to]] receive >>ten days prior written<< notice of any public hearings conducted by said government agency regarding demolition of any designated property. The Board may make recommendations and suggestions to the government agency and the owner(s) relative to the feasibility of and the public interest in preserving the designated property. >>At the written request of the Director of Miami-Dade County's Office of Historic Preservation, such unsafe structure agencies shall continue any hearing on a property for not less than 30 days to allow consultation with the Miami-Dade County Historic Preservation Board. If an unsafe structures agency subjects a designated property to an order providing for demolition, the order shall also, at the written request of the Historic Preservation Board, establish a grace period of no less than 120 days to obtain a permit to repair the property, followed by no less than 180 days to complete such repairs. After entry of such a repair or demolish order, such unsafe structures agencies shall have the jurisdiction and authority to grant additional extensions of the grace period, provided the agency is satisfied that the repair will be completed in a reasonable time. Nothing in this section shall prohibit an unsafe structures agency from entering an order requiring a designated property to be secured.<<
(c) No permit for voluntary demolition of a designated building, structure, improvement or site shall be issued to the owner(s) thereof until an application for a special certificate of appropriateness has been submitted and approved pursuant to the procedures in this section. Refusal by the Board to grant a special certificate of appropriateness shall be evidenced by written order detailing the public interest which is sought to be preserved. The Board shall be guided by the criteria contained in part (VI), subsection (d) herein. The Board may grant a special certificate of appropriateness which may provide for a delayed effective date [[of up to six (6) months]]. The effective date shall be determined by the Board based upon the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. During the demolition delay period, the Board may take such steps as it deems necessary to preserve the structure concerned, in accordance with the purposes of this chapter. Such steps may include, but shall not be limited to, consultation with civic groups, public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one (1) or more structures or other features.
>>(XII) Archeological Sites or Districts. To protect a designated archeological site, district, or zone the Board may require any of the following: (1) an archeological survey at the applicant's expense conducted by an archeologist approved by the Board containing an assessment of the significance of the archeological site and an analysis of the impact of the proposed activity on the archeological site; (2) scientific excavation and evaluation of the site at the applicant's expense by an archeologist approved by the Board; (3) mitigation measures; and (4) protection or preservation of all or part of the archeological site for green space. The Board may require an archeological survey as a precondition to consider further action.<<
Section 12. Section 16A-12 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 16A-12. [[Variances.]] >>Economic Hardship.<<
Where, by reason of particular site conditions and restraints, or because of unusual circumstances applicable solely to the particular applicant's >>property,<< strict enforcement of the provisions of this chapter would result in serious undue economic hardship to the applicant, the Board shall have the power to vary or modify adherence to this chapter; provided always that its requirements ensure harmony with the general purposes hereof and will not adversely affect Miami-Dade County.
(a) In any instance where there is a claim of undue economic hardship, the owner [[may]] >>shall<< submit, by affidavit, to the Board at least fifteen (15) days prior to the public hearing, the following information:
(1) For all property:
(i) The amount paid for the property, the date of purchase and the party from whom purchased;
(ii) The assessed value of the land and improvements thereon according to the two (2) most recent assessments;
(iii) Real estate taxes for the previous two (2) years;
(iv) Annual debt service, if any, for the previous two (2) years;
(v) All appraisals obtained within the previous two (2) years by the owner or applicant in connection with his purchase, financing or ownership of the property;
(vi) Any listing of the property for sale or rent, price asked and offers received, if any; and
(vii) Any consideration by the owner as to profitable adaptive uses for the property;
>>(viii) All cost estimates or reports relating to the demolition of the property obtained within the previous two (2) years;
(ix) All cost estimates or reports relating to the rehabilitation or restoration of the property obtained within the previous two (2) years;
(x) All reports relating to the engineering, architectural, or construction feasibility of rehabilitating or restoring the property obtained within the previous two (2) years; and
(xi) All reports relating to the economic feasibility of restoring or rehabilitating the property obtained within the previous two (2) years, including market studies.<<
(2) For income-producing property:
(i) Annual gross income from the property for the previous two (2) years;
(ii) Itemized operating and maintenance expenses for the previous two (2) years; and
(iii) Annual cash flow, if any, for the previous two (2) years.
(b) The Board may require that an applicant furnish such additional information as the Board believes is relevant to its determination of undue economic hardship [[and may provide in appropriate instances that such additional information be furnished under seal.]] >>The owner shall permit access to the subject property for the purpose of inspections and/or appraisals required by the board or preservation officer.<< In the event that any of the required information is not reasonably available to the applicant and cannot be obtained by the applicant, the applicant shall file with his affidavit a statement of the information which cannot be obtained and shall describe the reasons why such information cannot be obtained.
Section 13. Section 16A-13.1 of the Code of Miami-Dade County, Florida, is hereby created as follows:
Sec. 16A-13.1. Demolition By Neglect Prohibited.
(1) Affirmative Maintenance Required.
The owner of a property designated pursuant to this chapter either individually or as a contributing part of a district shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of such properties and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against such decay and deterioration and shall be free from structural defects through prompt corrections of any of the following defects:
(a) Facades which may fall and injure the subject property, adjoining property, or members of the public.
(b) Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports.
(c) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration.
(d) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.
(e) Any fault or defect in the property which renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight.
(2) Undue Economic Hardship. A property owner who believes that application of this section creates an undue economic hardship may apply for a variance under section 16A-12.
(a) Notice and Administrative Enforcement. When a Miami-Dade County Code Enforcement Officer learns of a violation of section (1), he or she shall give notice in writing of the violation to the owner, with specific written details of the corrective action necessary to remedy the violation. Such notice shall be given personally, by registered or certified mail, return receipt requested, or by posting on the property when the address of the owner cannot be located. The property owner shall have 30 days from the date of such notice to perform the corrective action. Thereafter, the Miami-Dade County Code Enforcement Officer may issue a civil citation pursuant to chapter 8CC of the Code of Miami-Dade County.
(b) Action For Injunction And Remedial Relief; Lien on Property. If the Property Owner fails to take corrective action within the 30 day period provided in section 3(a), Miami-Dade County may file an action seeking: an injunction ordering the property owner to take corrective action; an order authorizing Miami-Dade County to enter onto the property to make the corrective actions; and civil penalties. The Court shall order an injunction providing such remedies if Miami-Dade County proves that the owner has violated this ordinance and such violation threatens the integrity or existence of an individual site or a contributing structure within a district. Such civil action may be initiated in the name of Miami-Dade County at the discretion of the County Manager upon an affirmative vote of a majority of the Historic Preservation Board. Settlements of such lawsuits may be obtained in the same manner. Nothing herein shall prevent the Board of County Commissioners from initiating or assuming direction of the lawsuit, at its discretion. In the event that the Court authorizes Miami-Dade County to enter onto the property to take the required corrective action, the Court shall also order that the cost of the corrective action shall constitute a lien against the property, accruing interest at the statutory rate for judgments until satisfied.
(c) Civil Penalties. Violation of this section shall be punished by a civil penalty of five hundred dollars. After expiration of the thirty day period provided in section (3) (a), each day that the corrective action is not taken shall constitute a separate violation.
Section 14. Section 16A-14 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 16A-14. Certificate to dig.
(I) [[When required; how granted.]] Within an archeological >>or paleontological<< zone, new construction, filling, digging, the removal of trees, or any other activity that may alter or reveal an interred archeological >>or paleontological<< site shall be prohibited without a certificate to dig. All applications to all appropriate municipal or County agencies involving new construction, large-scale digging, the removal of trees or any other activity that may reveal or disturb an interred archeological >>or paleontological<< site, in an archeological >>or paleontological<< zone shall require a certificate to dig before approval. Based on the designation report for the archeological >>or paleontological<< zone, a complete application for a certificate to dig and any additional guidelines the Board may deem necessary, the staff of the Board shall, within ten (10) days from the date the completed application has been filed, approve the application for a certificate to dig by the owners of a property in a designated archeological >>or paleontological<< zone. The certificate to dig may be made subject to specified conditions, including but not limited to conditions regarding site excavation. In order to comply with the site excavation requirements of the certificate to dig, the applicant may agree to permit the County Archeologist to conduct excavation from the time of the approval of the certificate to dig until the effective date thereof. The findings of the staff shall be mailed to the applicant by registered mail promptly. The applicant shall have the opportunity to challenge the staff decision or any conditions attached to the certificate to dig by requesting a meeting of the Board. The Board shall convene within thirty-five (35) days after such a request and shall make every effort to review and reconsider the original staff decision to arrive at an equitable decision. The decision of the Board shall be reduced to writing within seven (7) days from the date of the meeting.
Section 15. Section 16A-17 of the Code of Miami-Dade County, Florida, is amended to read as follows:
Sec. 16A-17. Incentives.
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>>It is the policy of Miami-Dade County to assist the owners of historic properties through the development of a Conservation Easement Program to obtain applicable state and federal tax benefits, pursuant to sections 193.505 & 704.06, Florida Statutes and any other governing law, provided that the Board of County Commissioners shall approve the acceptance, terms, and conditions of any conservation easement before it is accepted by the County. The Historic Preservation Board may promulgate the rules for such Historic Conservation Easements and model covenants that shall be used by the County upon approval by the Board of County Commissioners. The Historic Preservation Board is authorized to apply for grants and other sources of funding for the creation of historic grant and loan programs. Any funds received shall be placed in a Historic Preservation Trust Fund and used only for the purposes for which they were received. The Historic Preservation Board is authorized to promulgate rules and model agreements for such a program which shall be used by the County upon approval by the Board of County Commissioners.<<
Section 16. Section 14A-18 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 16A-18. Tax exemptions for renovations for historic properties.
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(b) Duration of tax exemptions. Any exemption granted under this section to a particular property shall remain in effect for ten (10) years. The Board of County Commissioners shall have the discretion to set a lesser term if requested by the property owner in its original application and covenant. The term of the exemption shall be specified in the [[ordinance]] >>resolution<< approving the exemption. The duration of the exemption as established in the [[ordinance]] >>resolution<< granting the exemption shall continue regardless of any change in the authority of the County to grant such exemptions or any change in ownership of the property. In order to retain an exemption, however, the historic character of the property, and improvements which qualified the property for an exemption, must be maintained in their historic state over the period for which the exemption was granted.
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(d) Applications. Any person, firm, or corporation that desires an ad valorem tax exemption for the improvement of a historic property must, [[in the year the exemption is desired to take effect]] >>prior to construction<<, file with the [[Board of County Commissioners]] >>Office of Historic Preservation<< a written application [[on a form prescribed by the Department of State]]>>on an approved form<<. The application must include the following information:
(1) The name of the property owner and the location of the historic property;
(2) A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of such improvements;
(3) Proof, to the satisfaction of the Miami-Dade County Historic Preservation Board, that the property that is to be rehabilitated or renovated is a historic property under this section;
(4) Proof, to the satisfaction of the Miami-Dade County Historic Preservation Board, that the improvements to the property will be consistent with the United States Secretary of Interior's Standards for Rehabilitation and will be made in accordance with guidelines developed by the Department of State;
(5) Other information identified in appropriate Department of State regulations, or requested by the Miami-Dade County Historic Preservation Board; and
(6) If the property is within the jurisdiction of the Miami-Dade County Historic Preservation Board, a completed application for a certificate of appropriateness for the qualifying restoration, renovation, or rehabilitation.
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(g) Approval By Board of County Commissioners. A majority vote of the Board of County Commissioners shall be required to approve a written application for exemption. Such exemption shall take effect [[on the January 1 following substantial completion of the improvement]]>>as provided in the resolution<<. The Board of County Commissioners shall include the following in the resolution approving the written application for exemption:
(1) The name of the owner and the address of the historic property for which the exemption is granted.
(2) The period of time for which the exemption will remain in effect and the expiration date of the exemption.
(3) A finding that the historic property meets the requirements of this section.
Section 17. Section 16A-20 of the Code of Miami-Dade County, Florida, is hereby created as follows:
Sec. 16A-20. Settlement Authority.
The Director of the Office of Historic Preservation has authority to settle any 8CC tickets issued to enforce this chapter. In making such a decision the Director shall consider the likelihood of prevailing and whether compliance was obtained.
Section 18. Section 8CC of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 8CC-10. Schedule of civil penalties.
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Certificate of appropriateness required
Failure of work to comply with certificate of appropriateness
Demolition by neglect
Certificates to dig
Section 19. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. The amendments to section 16A-11(V) of the Miami-Dade County Code are intended to clarify the existing language to reflect the original intent that the Board has authority to establish expiration dates on certificates of appropriateness.
Section 20. This ordinance does not contain a sunset provision.
Section 21. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 22. This ordinance shall become effective ten (10) days after the date of enactment provided, however that section 16A-3(2)(c) shall take effect 365 days from the effective date of this enactment. The amendments to section 16A-7 shall not apply to officers serving as of the effective date of this ordinance.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
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