Miami-Dade Legislative Item
File Number: 102326
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File Number: 102326 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Board of County Commissioners
File Name: UNSAFE STRUCTURES, PERMITTING MUNICIPALITIES EST ORD Introduced: 9/23/2010
Requester: NONE Cost: Final Action: 10/5/2010
Agenda Date: Agenda Item Number: 7
Notes: SEE AMENDED IN LEG# 110164. Title: ORDINANCE RELATING TO UNSAFE STRUCTURES, PERMITTING MUNICIPALITIES TO ESTABLISH BY ORDINANCE THEIR OWN ADMINISTRATIVE PROCESSES TO ADDRESS UNSAFE STRUCTURES WITHIN MUNICIPAL BOUNDARIES, INCLUDING PROCESSES FOR APPEALS OF UNSAFE STRUCTURE CASES; PERMITTING MUNICIPALITIES ADOPTING THOSE ADMINISTRATIVE PROCESSES TO PROMULGATE THEIR OWN STANDARDS FOR DECLARING UNSAFE STRUCTURES WITHIN MUNICIPAL BOUNDARIES; AMENDING SECTION 8-5 OF THE CODE OF MIAMI-DADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: MUNICIPALITIES
  UNSAFE STRUCTURES
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Sally A. Heyman, Co-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

Infrastructure and Land Use Committee 1/12/2011 5A Amended
REPORT: See Agenda Item 5A Amended, Legislative File No. 110164 for the amended version.

Government Operations Committee 12/14/2010 1E1 No action taken due to lack of a quorum

Board of County Commissioners 10/7/2010 Municipalities notified of public hearing Government Operations Committee 12/14/2010 10/5/2010

Board of County Commissioners 10/5/2010 Tentatively scheduled for a public hearing Government Operations Committee 12/14/2010

Board of County Commissioners 10/5/2010 4A Adopted on first reading 12/14/2010 P
REPORT: First Assistant County Manager Abigail Price-Williams read into the record the foregoing proposed ordinance. Hearing no questions or comments, the Board proceeded to vote on the foregoing ordinance by roll call vote as presented. The foregoing ordinance was adopted on first reading and set for a public hearing before the Government Operations Committee (GOC) meeting of Tuesday, December 14, 2010, at 9:30 AM.

Board of County Commissioners 9/28/2010 Requires Municipal Notification Government Operations Committee 12/14/2010

County Attorney 9/23/2010 Referred Government Operations Committee 12/14/2010

County Attorney 9/23/2010 Assigned Hugo Benitez

Legislative Text


TITLE
ORDINANCE RELATING TO UNSAFE STRUCTURES, PERMITTING MUNICIPALITIES TO ESTABLISH BY ORDINANCE THEIR OWN ADMINISTRATIVE PROCESSES TO ADDRESS UNSAFE STRUCTURES WITHIN MUNICIPAL BOUNDARIES, INCLUDING PROCESSES FOR APPEALS OF UNSAFE STRUCTURE CASES; PERMITTING MUNICIPALITIES ADOPTING THOSE ADMINISTRATIVE PROCESSES TO PROMULGATE THEIR OWN STANDARDS FOR DECLARING UNSAFE STRUCTURES WITHIN MUNICIPAL BOUNDARIES; AMENDING SECTION 8-5 OF THE CODE OF MIAMI-DADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 8-5 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 8-5. Unsafe Structures.

(a) General.

(1) The Unsafe Structures Board and Unsafe Structures Appeal Panels are created to exercise in Miami-Dade County and within those municipalities as provided for hereafter the powers and duties granted by this Section. The Board shall have jurisdiction in both the incorporated and unincorporated areas of Miami-Dade County with respect to its powers, duties and functions. The Appeal Panels shall have jurisdiction in the unincorporated areas of Miami-Dade County and within the municipalities as provided for hereafter with respect to their powers, duties and functions. The Board shall be entrusted with hearing appeals of decisions of Building Officials declaring any structures located on properties within the municipalities and those structures located on properties in the unincorporated area of the County which are not within the jurisdiction of the Unsafe Structures Appeal Panels as described below to be unsafe where there is a danger to the health and safety of the citizens, all in the manner prescribed in this Section. Unsafe Structures Appeal Panels shall hear appeals of decisions of the Miami-Dade County Building Official declaring single-family and duplex residences and their accessory structures on the same property as the principal building and accessory structures on vacant land to be unsafe where there is a danger to the health and safety of the citizens, all in the manner prescribed in this Section. Unsafe Structures Appeal Panels may hear appeals of decisions of Building Officials of the municipalities in this County declaring single-family and duplex residences and their accessory structures on the same property as the principal building and accessory structures on vacant land to be unsafe where there is a danger to the health and safety of the citizens, all in the manner prescribed in this Section, when the municipality elects to have such appeals heard by the Appeal Panels rather than the Board. >>Notwithstanding the provisions of this section, a municipality may establish by ordinance its own administrative process to address unsafe structures within municipal boundaries, including a process for appeal of decisions of the Building Official that structures are unsafe. Following adoption of such ordinance, the municipality shall be solely responsible for the conduct of its own process and appeals, and for the enforcement of the laws governing unsafe structures within its jurisdiction. A municipality adopting such ordinance shall also be authorized to establish its own standards for declaring a structure to be unsafe, and for the repair or demolition of an unsafe structure, all consistent with the provisions of the Florida Building Code. <<

* * *

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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