Legislative Matter

Miami-Dade Legislative Item
File Number: 131224

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Clerk's Official Copy

File Number: 131224

File Type: Ordinance

Status: In Committee

Version: 0

Reference: 13-61

Control: Board of County Commissioners

File Name: EXTEND AMNESTY PERIOD FOR CIVIL PENALTIES & LIENS BLDG CODE

Introduced: 6/11/2013

Requester: NONE

Cost:

Final Action: 7/2/2013

Agenda Date: 7/2/2013

Agenda Item Number: 5A

Notes:

SUNSET EXTEND 1 YR.

Title:

ORDINANCE EXTENDING AMNESTY PERIOD; 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, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE

Indexes:

BUILDING CODE

Sponsors:	Rebeca Sosa, Prime Sponsor
	Lynda Bell, Co-Sponsor
	Esteban L. Bovo, Jr., Co-Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Dennis C. Moss, Co-Sponsor
	Juan C. Zapata, Co-Sponsor

Sunset Provision: Yes

Effective Date: 7/12/2013

Expiration Date: 7/11/2014

Registered Lobbyist:

None Listed

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

Board of County Commissioners	7/2/2013	5A	Adopted				P
REPORT:	Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Chairwoman Sosa opened the public hearing, seeing no one come forward in connection with the foregoing proposed ordinance, the public hearing was closed. Commissioner Moss requested to be added as a co-sponsor. Hearing no further questions or comment, the Board proceeded to vote on the foregoing proposed ordinance as presented.

Board of County Commissioners	6/18/2013	4E	Adopted on first reading		7/2/2013		P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the title of the foregoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and set for public hearing and a second reading before the Board of County Commissioners on Tuesday, July 2, 2013 at 9:30 AM.

Board of County Commissioners	6/18/2013		Tentatively scheduled for a public hearing	Board of County Commissioners	7/2/2013

County Attorney	6/11/2013		Assigned	Hugo Benitez

County Attorney	6/11/2013		Referred	Land Use & Development Committee

Legislative Text

TITLE
ORDINANCE EXTENDING AMNESTY PERIOD; 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, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, this Board adopted Ordinance 1164 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 sixmonth Amnesty Period (the �Amnesty Ordinance�); and
WHEREAS, through subsequent enactments, the Amnesty Ordinance was amended to clarify its application and extend its terms; 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 an economic crisis; and
WHEREAS, this Board wishes to extend the Amnesty Period for an additional one (1) year in the manner more particularly set forth below,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The Amnesty Period set forth in the Amnesty Ordinance, as amended by Ordinance No. 12-59, shall be extended for one (1) additional year, commencing on the effective date of this ordinance.

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, shall be excluded from the Code of Miami-Dade County.
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.