Miami-Dade Legislative Item
File Number: 112561
Printable PDF Format Download Adobe Reader  Clerk's Official Copy   

File Number: 112561 File Type: Ordinance Status: In Committee
Version: 0 Reference: 12-06 Control: Board of County Commissioners
File Name: EXTEND AMNESTY PERIOD CREATED BY ORD 11-64 Introduced: 12/5/2011
Requester: NONE Cost: Final Action: 2/7/2012
Agenda Date: 2/7/2012 Agenda Item Number: 7B
Notes: EXTENDS SUNSET (11-64) 6 MONTHS Title: ORDINANCE EXTENDING AMNESTY PERIOD CREATED BY ORDINANCE 11-64 PROVIDING FOR 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: AMENDING CODE
Sponsors: Joe A. Martinez, Prime Sponsor
Sunset Provision: Yes Effective Date: 2/17/2012 Expiration Date: 7/17/2012
Registered Lobbyist: None Listed


Legislative History

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

Board of County Commissioners 2/7/2012 7B Adopted P
REPORT: First Assistant County Abigail Price Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, members of the Board proceeded to vote on this ordinance as presented.

Infrastructure and Land Use Committee 1/11/2012 1E1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed ordinance into the record. Chairwoman Edmonson opened the public hearing for persons wishing to speak in connection with this ordinance. She closed the public hearing after no one appeared to speak. Hearing no comments or questions, the Committee voted on the foregoing proposed ordinance as presented.

Board of County Commissioners 12/6/2011 Tentatively scheduled for a public hearing Infrastructure and Land Use Committee 1/11/2012

Board of County Commissioners 12/6/2011 14A2 Adopted on first reading 1/11/2012 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Infrastructure and Land Use Committee on Wednesday, January 11, 2012, at 2:00 PM.

County Mayor 12/5/2011 Additions 12/6/2011

County Attorney 12/5/2011 Referred Infrastructure and Land Use Committee 1/11/2012

County Attorney 12/5/2011 Assigned Oren Rosenthal

Legislative Text


TITLE
ORDINANCE EXTENDING AMNESTY PERIOD CREATED BY ORDINANCE 11-64 PROVIDING FOR 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, this Board adopted Ordinance 11-64 to create a limited exception from civil penalties and liens resulting from Building Code violations upon a homeowner’s compliance with the Building Code as a result of the severe economic crisis that exists in Miami-Dade County during a six-moth Amnesty Period; and
WHEREAS, this Board wishes to continue 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, Miami-Dade County remains in the midst of the severe economic crisis; and
WHEREAS, this Board wishes to extend the limited exemption contained in Ordinance 11-64 for an additional six (6) months 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 Extended 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 Extended 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 Extended Amnesty Period shall commence on the latter of the effective date of this ordinance or the expiration of the Amnesty Period in Ordinance 11-64 and end six months thereafter. 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.




Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.