Miami-Dade Legislative Item
File Number: 131663
Printable PDF Format Download Adobe Reader  

File Number: 131663 File Type: Ordinance Status: Deferred in Committee
Version: 0 Reference: Control: Board of County Commissioners
File Name: EXTENDED COMPLIANCE PERIOD TO COMPLY WITH BLDG & ZONING CODE Introduced: 8/21/2013
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 7
Notes: SUNSET 5 YRS - see Ln#132334 Title: ORDINANCE GRANTING EXTENDED COMPLIANCE PERIOD FOR PROPERTY OWNERS TO COMPLY WITH BUILDING CODE AND ZONING CODE AND CREATING A LIMITED EXCEPTION FROM PAYMENT OF CIVIL PENALTIES AND LIENS FOR BUILDING AND ZONING CODE VIOLATIONS UPON A PROPERTY OWNER’S SATISFACTION OF CERTAIN CONDITIONS, INCLUDING COMPLIANCE WITH THE BUILDING AND ZONING CODE OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: BUILDING CODE
Sponsors: Jean Monestime, Prime Sponsor
Sunset Provision: Yes Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

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

Land Use & Development Committee 11/14/2013 2D Amended
REPORT: (See Agenda Item 2D Amended; Legislative File No. 132334)

Land Use & Development Committee 10/10/2013 Public hearing held and item deferred

Land Use & Development Committee 10/10/2013 1F2 Deferred to next committee meeting P
REPORT: Assistant County Attorney Dennis Kerbel read the foregoing proposed ordinance into the record. Assistant County Attorney David Sherman read into the record the following amendments requested by Commissioner Monestime, sponsor of this proposed ordinance. ~ Section 1, handwritten page 4, line 5, to add the words “within the aforementioned area” after “the Code of Miami-Dade County in connection with a single family structure . . . " ~ Section 4, handwritten page 5, line 3 to add “in his sole discretion” after the words “Building Official, . . .” Chairman Diaz opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. Chairman Diaz closed the public hearing after no one appeared wishing to speak. The foregoing proposed ordinance was moved by Commissioner Jordan and seconded by Commissioner Edmonson for discussion. Mr. Charles Danger, Building Official, Department of Regulatory and Economic Resources, responded to Commissioner Jordan’s questions regarding the potential fiscal impact of the extended compliance period for property owners outlined in the foregoing proposed ordinance; the number of property owners who currently received assistance; and the cost of providing this service. He said the fiscal impact would depend on the number of property owners who obtained compliance. Mr. Danger commented on the existing ordinance that addressed building code violations countywide which had saved property owners approximately $6 million to $7 million in penalties since 2011. He pointed out that many of the violations in the subject area outlined in this proposed ordinance involved illegal multi-family dwellings, and property owners were reluctant to surrender the income they received from these dwellings. Mr. Danger said the Department had received 800 complaints and there were approximately 600 cases in the subject area. He noted the Department tried to cover its cost by collecting revenues to maintain its operations and workforce, as none of the sections in the Department were supported by the general fund and were self-sustained. Regarding Commissioner Jordan’s inquiry whether delaying the revenue collection would impact the Department’s ability to obtain additional officers, Mr. Danger commented on the difficulty in collecting payment for violations from property owners who were receiving revenues from renting illegal apartments. He said the Department had over $35 million of unpaid penalties. In response to Commissioner Edmonson’s inquiry, Mr. Danger said he was unaware of the reason for the extended compliance period ending five years after the effective date of this proposed ordinance; however, this was not an indication that the property owners would have five years to correct the violation. He said that staff would work out a stipulation with the property owners who wanted to comply and depending on the gravity of the violation; the timeframe would be set within the stipulation. Commissioner Edmonson requested this proposed ordinance be deferred until the sponsor could provide an explanation. Chairman Diaz suggested and Commissioner Edmonson concurred that this ordinance be forwarded to the County Commission without a recommendation. Commissioner Jordan expressed concern about forwarding this proposed ordinance to the County Commission without a recommendation, noting questions regarding the impact on the Department had not been answered completely. The foregoing proposed ordinance was deferred to the Committee meeting scheduled for November 14, 2013. Chairman Diaz inquired, and Deputy Mayor Jack Osterholt confirmed, that this item was not time sensitive.

Board of County Commissioners 9/4/2013 Tentatively scheduled for a public hearing Land Use & Development Committee 10/10/2013

Board of County Commissioners 9/4/2013 4E Adopted on first reading 10/10/2013 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Land Use and Development Committee on Thursday, October 10, 2013 at 9:30 AM.

County Attorney 8/21/2013 Referred Land Use & Development Committee 11/14/2013

County Attorney 8/21/2013 Assigned David Sherman

Legislative Text


TITLE
ORDINANCE GRANTING EXTENDED COMPLIANCE PERIOD FOR PROPERTY OWNERS TO COMPLY WITH BUILDING CODE AND ZONING CODE AND CREATING A LIMITED EXCEPTION FROM PAYMENT OF CIVIL PENALTIES AND LIENS FOR BUILDING AND ZONING CODE VIOLATIONS UPON A PROPERTY OWNER’S SATISFACTION OF CERTAIN CONDITIONS, INCLUDING COMPLIANCE WITH THE BUILDING AND ZONING CODE OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; 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 and Zoning Code while being mindful of the hardships that result to property owners from the strict application of the County’s system of fines and penalties relating to building and zoning code violations; and
WHEREAS, approximately six-hundred property owners in the area delineated in Section 1 of this Ordinance have been cited for violations of the Miami-Dade County Code based upon complaints made by a single property owner who had been previously cited; and
WHEREAS, nearly two-hundred of those cases remain open, which primarily deal with violations relating to Building Code and Zoning Code sections; and


WHEREAS, due to the limited income and resources available to the property owners with nearly two-hundred open cases, additional time is needed to gain compliance; and
WHEREAS, to accomplish these purposes, this Board wishes to create a limited exception from civil penalties and liens resulting from Building Code and Zoning Code violations upon a property owner’s compliance with the Building Code and Zoning Code 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. Upon application of a property owner within the area generally bounded by NW 27th Avenue to NW 37th Avenue, and NW 92nd Street to NW 106 Street, the County shall waive any and all civil penalties related to the enforcement of Chapter 8 and Chapter 33 of the Code of Miami-Dade County in connection with a single family structure that has qualified for and received homestead exemption, and all liens related to such civil penalties, provided the property owner satisfies each of the following conditions:
(a) Entry into and compliance with a consent agreement with the Miami-Dade County Department of Regulatory and Economic Resources; and
(b) A permit is issued to correct all Code violations within the Extended Compliance Period as defined in this ordinance; and
(c) The structure is brought into compliance with the Code within the period provided in the Building Code for completion of the work under the permit obtained within the Extended Compliance Period; and
(d) All direct costs of the Miami-Dade County Department of Regulatory and Economic Resources in connection with prior enforcement in connection with the structure, as documented by the Department, shall be satisfied in full.
Section 2. For purposes of this ordinance, the term “Extended Compliance Period” shall mean that period of time commencing on the effective date of this ordinance and ending five years thereafter.
Section 3. Notwithstanding and prevailing over anything to the contrary contained herein, 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 or to enforce the Code of Miami-Dade County. This ordinance shall not serve as a defense against any such action or against any enforcement action brought by the County.
Section 4. Notwithstanding and prevailing over anything to the contrary contained herein, this ordinance shall not apply to any violation determined to be a life-safety issue by the Building Official, subject to the provisions of Section 8-4(d) of the County Code.
Section 5. The Mayor or Mayor’s designee is hereby directed to implement the necessary procedures and to develop the necessary documents to give effect to the intent of this ordinance.
Section 6. 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 7. 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 8. 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.
Section 9. This ordinance shall stand repealed five year(s) from its effective date.




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.