Legislative Matter

Miami-Dade Legislative Item
File Number: 111577

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Clerk's Official Copy

File Number: 111577

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 11-64

Control: Board of County Commissioners

File Name: CREATING AMNESTY PERIOD BLDG CODE COMPLIANCE

Introduced: 7/25/2011

Requester: NONE

Cost:

Final Action: 8/2/2011

Agenda Date: 8/2/2011

Agenda Item Number: 7H

Notes:

SUNSET 6 MONTHS FROM EFFECTIVE DATE

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 (SEE ORIGINAL ITEM UNDER FILE NO. 111350)

Indexes:

BUILDING CODE

Sponsors:	Joe A. Martinez, Prime Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Jean Monestime, Co-Sponsor
	Rebeca Sosa, Co-Sponsor

Sunset Provision: Yes

Effective Date: 8/12/2011

Expiration Date: 2/12/2012

Registered Lobbyist:

None Listed

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

Board of County Commissioners	8/2/2011	7H	Adopted				P
REPORT:	During consideration of changes to today’s (8/2) agenda, a scrivener’s error was corrected as follows, pursuant to the Mayor's Memorandum entitled "Changes for the August 2, 2011 BCC Meeting": On handwritten page 5, the references to the “Building Department” should be replaced with “Building and Neighborhood Compliance Department.”

County Mayor	7/27/2011		Scrivener's Errors		8/2/2011
REPORT:	On handwritten page 5, the references to “Building Department” should be replaced with “Building and Neighborhood Compliance Department”.

County Attorney	7/25/2011		Assigned	Hugo Benitez

Infrastructure and Land Use Committee	7/13/2011	1E6 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 Edmonson opened the public hearing on the foregoing proposed ordinance. Hearing no one wishing to speak before the Committee, she closed the public hearing. Chairwoman Edmonson suggested that this ordinance be forwarded to the County Commission with a favorable recommendation with Committee amendment(s) to extend the Amnesty Period to six months from the effective date of this ordinance. Chairwoman Edmonson, Commissioners Sosa and Monestime requested to be listed as co-sponsors to this ordinance. Commissioner Jordan asked Mr. Charles Danger, Director, Department of Building and Neighborhood Compliance (BNC), to provide clarification on the intent of this proposal. Mr. Danger noted this proposal waived the civil penalties for homeowners in violation of the Building Code and allowed them the opportunity to make repairs to their homes in order to comply with the Code. In response to Commissioner Jordan’s inquiry whether a compliance timeline existed, Assistant County Attorney Hugo Benitez said that homeowners must request a permit to bring the structure into compliance before expiration of the Amnesty Period and must complete the work within the timeframe of the permit obtained. Hearing no other comments or questions, Committee members proceeded to vote on the foregoing ordinance as amended.

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 and Neighborhood Compliance Department in connection with prior enforcement in connection with the structure, as documented by the Building and Neighborhood Compliance 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]] >>six months thereafter.<<1 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.

1 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.