Miami-Dade Legislative Item
File Number: 090247
   Clerk's Official Copy   

File Number: 090247 File Type: Ordinance Status: Adopted
Version: 0 Reference: 09-10 Control: Board of County Commissioners
File Name: RELIEF FOR CONSTRUCTION AFFECTED BY ECONOMIC CRISIS Introduced: 1/30/2009
Requester: NONE Cost: Final Action: 1/22/2009
Agenda Date: 1/22/2009 Agenda Item Number: 7G
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE #082933, 083549. REQUIRES A 6WKS/4WKS Title: ORDINANCE PROVIDING EMERGENCY RELIEF FOR CONSTRUCTION AFFECTED BY ECONOMIC CRISIS; ESTABLISHING PROCESS FOR PETITION, CONDITIONS AND CRITERIA FOR ISSUANCE OF STOP WORK ORDER; PROVIDING FOR ABATEMENT OF EXPIRATION OF PERMITS SUBJECT TO STOP WORK ORDER; ESTABLISHING FEE FOR REINSTATEMENT OF PERMIT; PROVIDING EXCEPTIONS; AMENDING SECTION 8-13 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NOS. 082933, 083549]
Indexes: BUILDING CODE
  ECONOMIC CRISIS
  PERMITS
Sponsors: Katy Sorenson, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 1/30/2009 Assigned Hugo Benitez

Board of County Commissioners 1/22/2009 7G AMENDED Adopted as amended P
REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. Commissioner Sorenson requested this ordinance be amended to change the date reflected in Section 8-13(5)(a) from January 1, 2007 to October 1, 2006. She noted the Building Department Director agreed this change would bring some relief to the construction industry. In response to Commissioner Seijas’ question regarding whether this proposal was discussed with the Building Industry, Commissioner Sorenson confirmed that it was. Upon conclusion of discussion, the Board adopted the foregoing proposed ordinance as amended to change the date listed in Sec. 8-13 (5)(a) on handwritten page 5 to reflect October 1, 2006 in lieu of January 1, 2007, as requested by Commissioner Sorenson.

Legislative Text


TITLE
ORDINANCE PROVIDING EMERGENCY RELIEF FOR CONSTRUCTION AFFECTED BY ECONOMIC CRISIS; ESTABLISHING PROCESS FOR PETITION, CONDITIONS AND CRITERIA FOR ISSUANCE OF STOP WORK ORDER; PROVIDING FOR ABATEMENT OF EXPIRATION OF PERMITS SUBJECT TO STOP WORK ORDER; ESTABLISHING FEE FOR REINSTATEMENT OF PERMIT; PROVIDING EXCEPTIONS; AMENDING SECTION 8-13 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS Miami-Dade County is experiencing a period of economic hardship; and
WHEREAS the economic slow down is having a severe impact in the areas of real estate development and construction; and
WHEREAS as a result of those conditions, many construction projects will be suspended or abandoned; and
WHEREAS the Building Code provides for the expiration of permits where the work is suspended or abandoned for specified periods; and
WHEREAS the expiration of building permits by operation of law carries with it serious consequences for the permit holder which may include the requirement of a new permit, the application of newly enacted codes to the construction, and the payment of a new permit fee; and
WHEREAS the Building Code also provides the Building Official with the authority to issue stop work orders when the work is being performed in a manner contrary to the provisions of the Building Code; and
WHEREAS this Board recognizes that work which has been suspended or abandoned is being performed in a manner contrary to the Code and wishes to create a process for voluntary application for a stop work order which would result in the suspension of the work and prevent the expiration of the Building permit for qualifying property; and
WHEREAS such measure will provide needed relief to affected persons, provide incentives to the construction industry, and promote compliance with applicable codes, thereby promoting the health, safety and welfare of the citizens of our County,

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 8-13 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 8-13. Revocation, suspension and reinstatement of permits.

* * *

>>(5) Stop Work Orders for Construction Affected by Economic Crisis

(a) Notwithstanding any provision of this Code to the contrary, and subject to the conditions and limitations of this subsection, a permit applicant may apply to the Building Official for the issuance of a stop work order in connection with a valid permit issued for affected construction. Affected construction shall mean any new residential or commercial construction with a valid permit issued for the first time on October 1, 2006 or thereafter with expiration dated on or before June 1, 2009, as such end date may be extended by resolution of the Board of County Commissioners, where the construction work is suspended or abandoned as a result of economic hardship. In the event that the construction work has not commenced, the Building Official may in his or her discretion issue the stop work order subject to compliance with minimum safety requirements which may have been enacted subsequent to permit issuance. Economic hardship shall include bankruptcy, foreclosure, assignment for the benefit of creditors, demonstrated absence of credit short sales and slow sales as demonstrated by fewer than fifty percent (50%) of the units under construction being under sales contract.
(b) The Building Official shall issue a stop work order pursuant to application on forms devised for this purpose upon a finding to his or her reasonable satisfaction that:
(i) the work has been suspended or abandoned as a result of economic hardship and
(ii) the construction site is secure, does not pose a danger to the surrounding community, and is not otherwise unsafe as provided elsewhere in this Code.
(c) The duration of a permit shall be abated during the pendency of a stop work order issued pursuant to this Section, except that in addition to other remedies provided in this Code, the Building Official may lift the stop work order at any time for failure to comply with the conditions of its issuance. A stop work order issued pursuant to application under this Section shall not exceed six (6) months in duration, whereupon the period of abatement shall end. The Building Official may extend a stop work order issued pursuant to his section for good cause shown upon resolution of the Board of County Commissioners approving such further period(s) of extension.
(d) Any permit subject to a stop work order pursuant to this Section may be reinstated upon application to the Building Official for reinstatement and payment of a permit extension fee. The reinstated permit shall for all purposes be considered the same permit previously applied for. By exception, any construction requiring a material change to the plans or new evaluation, analysis or load calculations, as determined in the reasonable discretion of the Building Official, shall require the issuance of a new permit subject to all the requirements attendant to a new permit including the payment of a new permit fee.
(e) Nothing in this subsection shall impair the Building Official’s authority to issue stop work order as otherwise provided in this Code or to shall serve as a defense against the Building Official’s enforcement of the provisions of this Code relating to unsafe structures, which shall remain unaffected.<<

Section 2. 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.
Section 3. 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 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.


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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