Miami-Dade Legislative Item
File Number: 132334
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File Number: 132334 File Type: Ordinance Status: Adopted
Version: 0 Reference: 13-117 Control: County Commission
File Name: EXTENDED COMPLIANCE PERIOD TO COMPLY WITH BLDG. ZONING CODE Introduced: 11/19/2013
Requester: NONE Cost: Final Action: 12/3/2013
Agenda Date: 12/3/2013 Agenda Item Number: 7E
Notes: SUNSET 5 YEARS 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 [SEE ORIGINAL ITEM UNDER FILE NO. 131663]
Indexes: COMPLIANCE PERIOD
Sponsors: Jean Monestime, Prime Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
Sunset Provision: Yes Effective Date: 12/13/2013 Expiration Date: 12/12/2018
Registered Lobbyist: None Listed


Legislative History

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

Board of County Commissioners 12/3/2013 7E Adopted P
REPORT: Chairwoman Sosa and Commissioner Zapata suggested that the County implement the proposed Extended Code Compliance Period outlined in this proposed ordinance as a pilot program in County Commission District 2.

County Attorney 11/19/2013 Assigned David Sherman 11/21/2013

Land Use & Development Committee 11/14/2013 2D Amended Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Dennis Kerbel read the foregoing proposed resolution into the record. Assistant County Attorney David Sherman read the following amendments into the record at the request of Commissioner Monestime, sponsor. ~ to add the language “within the aforementioned area” on handwritten page 5, Section 1, line 4, after “. . . in connection with a single family structure . . .” ~ to add the language “in his sole discretion” on handwritten page 6, Section 4, line 3, after “. . . any violation determined to be a life-safety issue by the Building Official . . .” The Committee members proceeded to vote on the foregoing resolution as amended.

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 >>within the aforementioned area<<1 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 >>in his sole discretion<<, 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.

1 Committee amendments are indicated as follows: Words double stricken through and/or [[double bracketed]] are deleted, words double underlined and/or >>double arrowed<< are added.



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