Miami-Dade Legislative Item
File Number: 212521
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File Number: 212521 File Type: Ordinance Status: Withdrawn
Version: 0 Reference: Control: County Infrastructure, Operations and Innovations Committee
File Name: OWNERS’ OBLIGATION TO RESIDENTS WHEN BUILDING UNSAFE Introduced: 10/13/2021
Requester: NONE Cost: Final Action:
Agenda Date: 11/2/2021 Agenda Item Number: 4B
Notes: SEE SUB. 220089; 4-6 WEEKS REQUIRED Title: ORDINANCE RELATING TO CERTAIN RESIDENTIAL BUILDING OWNERS’ OBLIGATION TO RESIDENTS WHEN A RESIDENTIAL BUILDING IS DEEMED UNSAFE, INCLUDING THE RESPONSIBILITY TO HOUSE AND PAY FOR RELOCATION COSTS OF DISPLACED RESIDENTS; AMENDING SECTION 8-5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR PAYMENT OF THE RELOCATION COSTS BY MIAMI-DADE COUNTY UPON AN OWNER’S FAILURE TO PAY; REQUIRING REIMBURSEMENT TO MIAMI-DADE COUNTY BY RESIDENTIAL BUILDING OWNER FOR ANY RELOCATION COSTS PAID BY MIAMI-DADE COUNTY FOR RESIDENT RELOCATION; PROVIDING FOR PLACEMENT OF LIEN ON OWNER’S PROPERTY FOR ANY UNREIMBURSED RELOCATION EXPENSES INCURRED BY MIAMI-DADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: UNSAFE STRUCTURES
Sponsors: Sally A. Heyman, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

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

County Infrastructure, Operations and Innovations Committee 2/10/2022 supplement Withdrawn
REPORT: See Agenda Item 1G3 Substitute, Legislative File Number 220089.

County Infrastructure, Operations and Innovations Committee 1/13/2022 1G2 Meeting canceled due to lack of a quorum

Board of County Commissioners 12/3/2021 Municipalities notified of public hearing County Infrastructure, Operations and Innovations Committee 1/13/2022 11/2/2021

Board of County Commissioners 11/2/2021 Tentatively scheduled for a public hearing County Infrastructure, Operations and Innovations Committee 1/13/2022

Board of County Commissioners 11/2/2021 4B Adopted on first reading 1/13/2022 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the County Infrastructure, Operations and Innovtions Committee (CIOI) on Thursday, January 13, 2022 at 3:00 p.m. (Committee date contingent upon adoption of the 2022 BCC Calender).

County Attorney 11/1/2021 2:52:26 PM Referred County Infrastructure, Operations and Innovations Committee 1/13/2022

Office of the Chairperson 10/31/2021 Scrivener's Errors
REPORT: The history line that this item Requires Municipal Notification was inadvertently omitted.

Board of County Commissioners 10/29/2021 Requires Municipal Notification

County Attorney 10/13/2021 Referred

County Attorney 10/13/2021 Assigned Shannon D. Summerset

Legislative Text


TITLE
ORDINANCE RELATING TO CERTAIN RESIDENTIAL BUILDING OWNERS� OBLIGATION TO RESIDENTS WHEN A RESIDENTIAL BUILDING IS DEEMED UNSAFE, INCLUDING THE RESPONSIBILITY TO HOUSE AND PAY FOR RELOCATION COSTS OF DISPLACED RESIDENTS; AMENDING SECTION 8-5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR PAYMENT OF THE RELOCATION COSTS BY MIAMI-DADE COUNTY UPON AN OWNER�S FAILURE TO PAY; REQUIRING REIMBURSEMENT TO MIAMI-DADE COUNTY BY RESIDENTIAL BUILDING OWNER FOR ANY RELOCATION COSTS PAID BY MIAMI-DADE COUNTY FOR RESIDENT RELOCATION; PROVIDING FOR PLACEMENT OF LIEN ON OWNER�S PROPERTY FOR ANY UNREIMBURSED RELOCATION EXPENSES INCURRED BY MIAMI-DADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, in the early morning hours of June 24, 2021, a residential condominium building known as Champlain Towers South located at 8777 Collins Avenue in Surfside, Florida, experienced a major structural collapse; and
WHEREAS, a substantial portion of the building was destroyed and the remainder of the structure had to be demolished; and
WHEREAS, the structural collapse of the building tragically resulted in many fatalities among the building�s residents and visitors; and
WHEREAS, in addition to the tragic loss of life, the building�s collapse led to the displacement of hundreds of residents, many of whom had no place to live; and
WHEREAS, it is the intent of Miami-Dade County to prevent such a tragedy from ever happening again; and
WHEREAS, Section 8-5 of the Code of Miami-Dade County currently gives the Building Official the authority to order the residents of a structure to vacate or to temporarily close a structure when the Building Official is of the opinion that there is actual or immediate danger of failure or collapse; and
WHEREAS, the Code also grants the Building Official the authority to institute such other temporary safeguards, including securing the building or structure, as the Building Official may deem necessary under the circumstances, and requires the owner to bear the costs of implementing such safeguards; and
WHEREAS, when an order to vacate a residential building is issued, in addition to the costs to secure the building and implement safeguards, there is a significant cost and inconvenience to the residents that live in the building, including the costs of relocating; and
WHEREAS, unlike the requirement in the Code which requires an owner to bear the costs associated with securing and safeguarding the building, there is no requirement that a residential building owner bear the sometimes significant costs to residents that an order to vacate creates; and
WHEREAS, regardless of a resident�s income, the unexpected expenses caused by an order to vacate on little or no notice can negatively impact their way of life; and
WHEREAS, the residential building owner, as the person or entity responsible for the maintenance and safety of the dwelling, should bear the costs to residents associated with receiving an order to vacate due to unsafe conditions created under their stewardship; and
WHEREAS, it is the desire of this Board to require residential building owners to be responsible for the housing and relocation of residents upon issuance of an order by the County�s Building Official to close or vacate a building for safety concerns,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitals are incorporated as if set forth herein and are approved.
Section 2. Section 8-5 of the Code of Miami-Dade County, Florida is hereby amended to read as follows:1
Sec. 8-5. � Unsafe Structures.

* * *

(f) Emergency action.

>>(1)<
>>(2) When the Building Official orders an occupied residential building with 25 or more units to be vacated, as authorized in Sec. 8-5(f)(1), and deems that the actual or immediate danger of the failure or collapse of a building or structure, or health, windstorm, or fire hazard, is a result of the negligent or intentional act or failure to act by the owner of the building to be vacated, the owner shall, within 24 hours from the time of the order to vacate, make, or cause to be made, all necessary arrangements to relocate the residents of the building into housing that is safe, sanitary, and secure, and the owner shall pay, or cause to be paid, all of the reasonable expenses involved in such relocation. If the building owner fails to timely relocate displaced residents, County personnel shall be empowered to assist in the relocation, and the building owner shall pay all reasonable expenses incurred by the County, in accordance with the following:
(i) Service of a Notice of Required Payment of Costs of Resident Relocation shall be made upon the building owner by posting the Notice in a conspicuous location at the premises ordered to be vacated and by mailing the Notice by First Class Mail to the address listed in the records of the property appraiser's office for tax notices for the property ordered to be vacated, and at any other address provided to the Building Official by the building owner, if any.
(ii) The Notice of Required Payment of Costs of Resident Relocation shall include:
a. An affidavit itemizing the County�s expenses incurred in the relocation;
b. The date of issuance;
c. The name of the department or division issuing the Notice;
d. The obligation to relocate a resident or residents, and the code section creating such obligation;
e. The amount of relocation costs for which reimbursement is sought;
f. Notice of the right to request a hearing and instructions on how to file for the hearing;
g. Notice that a failure to request a hearing within 20 days after the receipt of the Notice of Required Payment of Costs of Resident Relocation shall constitute a waiver of the violator's right to the hearing;
h. Notice that at said hearing, the finder of fact shall determine whether the relocation costs were expended by the County in accordance with the requirements of section 8-5 of the Code; whether there was an actual or immediate danger of the failure or collapse of a building or structure, or health, windstorm, or fire hazard; and whether the relocation of a resident or residents was the result of the negligent or intentional acts or inaction of the building owner; and
i. Notice that the building owner shall be liable for the reasonable costs of the hearing if the building owner is unsuccessful at the hearing.
(iii) The building owner shall, within 20 calendar days after the service of the Notice, either pay the County the relocation costs in full, or request a hearing to appeal the Notice. Appeal by administrative hearing shall be accomplished by filing a request in writing to the address indicated on the Notice within 20 calendar days after the service of the Notice.
a. Where no payment is made and no appeal has been timely filed, the failure to timely appeal shall constitute a waiver of the building owner's right to hearing. A waiver of the right to hearing shall be treated as an admission that the County is entitled to reimbursement of the expended relocation costs, and a lien against the land on which the violation exists or upon any other real or personal property owned by the building owner shall be assessed by the Unsafe Structures Appeals Board, and shall be filed in the public records of the County pursuant to section 8CC-7 of the Code.
b. Appeal of said Notice shall be heard during the related hearing concerning the code violations that caused the issuance of the Notice to Vacate the Premises. The Unsafe Structures Appeals Board shall order the building owner to reimburse the County for monies expended to relocate a resident or residents, within thirty days of a finding that: the relocation costs were expended by the County in accordance with the requirements of this section; that there was an actual or immediate danger of the failure or collapse of a building or structure, or health, windstorm, or fire hazard; and that the relocation of a resident or residents was the result of the negligent or intentional acts or inaction of the building owner. Alternatively, the findings required herein may be determined by a court of competent jurisdiction where the County has, at its discretion, brought an action for injunction or other equitable relief to enforce compliance with or prohibit the violation of the Code, pursuant to section 1-5 of the Code.
(iv) If the building owner fails to timely pay the County-incurred expenses pursuant to the Order issued by the Unsafe Structures Appeals Board, a lien against the land on which the violation exists or upon any other real or personal property owned by the building owner shall be assessed by the Appeals Board upon the filing of an Affidavit of Non-payment by the Building Official, and such lien shall be filed in the public records of the County pursuant to section 8CC-7 of the Code. Alternatively, where the building owner has failed to pay a judgment against the building owner entered by a court of competent jurisdiction in an action for injunction or other equitable relief to enforce compliance with or prohibit the violation of the Code, pursuant to section 1-5 of the Code, the County may utilize any and all remedies allowed by law. Any lien or judgment imposed pursuant to this subsection shall carry an interest rate as provided by section 1-5 of the Code.
(v) With respect to rental units, the obligations of owners under this subsection shall only apply to tenancies entered into after the effective date of this subsection.<<

Section 3. 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 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be re-numbered or relettered to accomplish such intention, and the word �ordinance� may be to �section�, �article�, or other appropriate word.
Section 5. 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.



1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
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