Legislative Matter

Miami-Dade Legislative Item
File Number: 110164

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Clerk's Official Copy

File Number: 110164

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 11-03

Control: Board of County Commissioners

File Name: UNSAFE STRUCTURE WITHIN MUNICIPAL BOUNDARIES

Introduced: 1/25/2011

Requester: NONE

Cost:

Final Action: 2/1/2011

Agenda Date: 2/1/2011

Agenda Item Number: 7A

Notes:

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 [SEE ORIGINAL ITEM UNDER FILE NO. 102326]

Indexes:	MUNICIPALITIES
	ORDINANCE AMENDING
	UNSAFE STRUCTURES

Sponsors:	Bruno A. Barreiro, Prime Sponsor
	Sally A. Heyman, Co-Sponsor
	Jean Monestime, Co-Sponsor
	Rebeca Sosa, 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

Board of County Commissioners	2/1/2011	7A	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Board proceeded to vote on this proposed ordinance as presented.

County Attorney	1/25/2011		Assigned	Hugo Benitez

Infrastructure and Land Use Committee	1/12/2011	5A AMENDED	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Seijas opened the public hearing and called for persons wishing to appear before the Commission in connection with this proposed ordinance. After hearing no one, she closed the public hearing. Mr. Marc LaFerrier, Director, Department of Planning and Zoning, asked that this proposed resolution be amended to add the following language on handwritten page 6, Section 3, end of the sentence: “…if such structures have been designated historic and is under the County’s Historic Preservation jurisdiction, demolition procedures shall still abide by the process as set out in Miami-Dade County’s Historic Preservation ordinance as found in Chapter 16A-116B.” Commissioner Barreiro noted pursuant to this proposal, the County would write its position/opinion before the local Unsafe Structures Board. However, the County would not assume property under its Board; that it would remain under the local Board, but the County could write its positon/opinion. Mr. LaFerrier concurred, noting Commissioner Barreiro was correct and this ordinance would not change the jurisdiction of the Unsafe Structures Board and would not prevent the demolition of buildings if that was the decision of the local Unsafe Structures Board. He noted this proposal would allow the County’s Historic Preservation Board to write positions/opintions on designated historic properties under its jurisdiction. In response to Chairwoman Seijas’ question whether the Assistant County Attorney agreed with the amended language read into the record by Mr. LaFerrier, Ms. Bonzon-Keenan asked that this item be postponed until later in today’s (1/12) meeting, pending further review of the recommendations. Mr. Charles Danger, Director, Building and Neighborhood Compliance, explained that an historic building could not be demolished unless approved by the Historic Preservation Board in accordance with Chapter 16 of the Code. Later in the meeting, Assistant County Attorney Hugo Benitez clarified that the amendment as read by Mr. LaFerrier was acceptable. Commissioner Monestime asked to be listed as a co-sponsor to this ordinance. Hearing no other comments or questions, the Board proceeded to vote.

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.<< >>If such structure has been designated historic and is under the County�s historic preservation jurisdiction, demolition procedures shall still abide by the process as set out in the Miami-Dade County�s historic preservation ordinance as found in Chapter 15A.<<2

* * *

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.

2 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed.