Miami-Dade Legislative Item
File Number: 111350
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File Number: 111350 File Type: Ordinance Status: Second Reading
Version: 0 Reference: Control: Board of County Commissioners
File Name: CREATING AMNESTY PERIOD BLGD CODE COMPLIANCE Introduced: 6/20/2011
Requester: NONE Cost: Final Action: 6/21/2011
Agenda Date: Agenda Item Number: 7
Notes: SEE AMENDED ITEM 111577 Title: ORDINANCE CREATING AMNESTY PERIOD; CREATING A LIMITED EXCEPTION FROM CIVIL PENALTIES AND LIENS FOR BUILDING CODE VIOLATIONS UPON A HOMEOWNER’S COMPLIANCE WITH THE BUILDING CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: BUILDING CODE
Sponsors: Joe A. Martinez, Prime Sponsor
  Audrey M. Edmonson, Co-Prime Sponsor
  Jean Monestime, Co-Prime 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

Infrastructure and Land Use Committee 7/13/2011 1E6 Amended
REPORT: (See Agenda Item 1E6 Amended; Legislative File No. 111577)

Board of County Commissioners 6/21/2011 Tentatively scheduled for a public hearing Infrastructure and Land Use Committee 7/13/2011

Board of County Commissioners 6/21/2011 14A4 Adopted on first reading 7/13/2011 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Infrastructure and Land Use Committee on Wednesday, July 13, 2011 at 2:00 PM.

County Manager 6/20/2011 Additions Board of County Commissioners 6/21/2011

County Attorney 6/20/2011 Assigned Infrastructure and Land Use Committee 7/13/2011

County Attorney 6/20/2011 Assigned Hugo Benitez

Legislative Text


TITLE
ORDINANCE CREATING AMNESTY PERIOD; CREATING A LIMITED EXCEPTION FROM CIVIL PENALTIES AND LIENS FOR BUILDING CODE VIOLATIONS UPON A HOMEOWNER’S COMPLIANCE WITH THE BUILDING CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS, Miami-Dade County is in the midst of a severe economic crisis; and
WHEREAS, this Board wishes to encourage compliance with the Building Code while being mindful of the hardships that result to homeowners from the strict application of the County’s system of fines and penalties relating to building code violations; and
WHEREAS, to accomplish these purposes, this Board wishes to create a limited exception from civil penalties and liens resulting from Building Code violations upon a homeowner’s compliance with the Building Code in the manner more particularly set forth below,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMIDADE COUNTY, FLORIDA:
Section 1. Upon application of a homeowner, the County shall waive any and all civil penalties related to the enforcement of the Building Code in connection with a structure, and all liens related to such civil penalties, provided the homeowner satisfies each of the following conditions:
(a) A permit is issued to bring the structure into compliance with the Building Code within the Amnesty Period as defined in this ordinance; and

(b) The structure is brought into compliance with the Building Code within the period provided in the Building Code for completion of the work under the permit obtained within the Amnesty Period; and

(c) All direct costs of the Building Department in connection with prior enforcement in connection with the structure, as documented by the Building Department, shall be satisfied in full.
For purposes of this ordinance, a homeowner shall be understood as the person with direct and beneficial ownership of the affected structure, but shall not include a financial institution which has acquired the home through foreclosure.
Section 2. The Amnesty Period shall commence on the effective date of this ordinance and end on Tuesday, January 4, 2012. This ordinance shall not apply in the event that the County has commenced a civil action to collect on the civil penalties or to foreclose a lien. This ordinance shall not serve as a defense against any such action or against any enforcement action brought by the County.
Section 3. The Building Official is hereby directed to implement the necessary procedures and to develop the necessary documents to give effect to the intent of this ordinance.
Section 4. 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 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, shall be excluded from the Code of Miami-Dade County.

Section 6. 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.




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