Legislative Matter

Miami-Dade Legislative Item
File Number: 132334

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Clerk's Official Copy

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:	Commissioners Bovo asked to be listed as a co-sponsor. First Assistant County Attorney Abigail Price-Williams read into the record the title of the foregoing proposed ordinance. Chairwoman Sosa stated that the proposed ordinance should be applicable to the entire County because there were people suffering hardships in all areas. She expressed concern for the manner in which the ordinance was currently written, and the message it would send to the public. She said that she would not like to send the message that the Code could be violated without realizing penalties. She also stated that she would like to implement a pilot program that would allow property owners to fix the problem and pay a reduced fee in order to have violators comply with the citation requirements and bring the property into compliance with the Code. Commissioner Monestime stated he had no desire to deprive the County of revenues and allow property owners not to pay and continue to violate the Code. He noted this proposal was before the Board because several complaints were received, and the property owners cited resided in a very low income area of Hialeah. He stated that the intent of the proposed ordinance was to provide an extension of time to the affected property owners to resolve the problem, and he did not wish to provide an override to every violator in the County. Pursuant to Commissioner Zapata’s question, Commissioner Monestime responded it affected an unincorporated area. Commissioner Zapata suggested this offered a good opportunity to implement the proposed Extended Code Compliance Period outlined in this ordinance as a pilot program within County Commission District 2, and use his district as a tester to develop ideas for implementation in the remaining areas of the County. He expressed his support for the proposed ordinance. Vice Chair Bell stated that she was also supportive of the item even though she understood the Chairwoman’s concerns, and it was not intended to allow violators not to comply with the Code. She noted that it would just provide property owners an extension of time to resolve the problem and bring the property into compliance. Commissioner Jordan asked to be listed as a co-sponsor. She stated that this proposal was just a way to address a problem unique to an area and delay enforcement. Chairwoman Sosa expressed her support for this recommendation. She stated that she would like to use this proposal as a model in order to use it in other areas of the County. She stated that it would be a wonderful idea to be able to send a message that the Board preferred property owners to spend their dollars in fixing rather than paying fines. Upon conclusion of the foregoing discussion, the members of the Board proceeded to take a vote.

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.