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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

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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 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 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 owners to be responsible for the housing and relocation of residents upon issuance of an order by the 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.

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(f) Emergency action.

>>(1)<
>>(2) When the Building Official orders an occupied residential building, unit, or 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, unit, or structure, or health, windstorm, or fire hazard, is a result of the negligent or intentional act or failure to act by the owner, the owner shall, within eight hours from the time of the order to vacate, make, or cause to be made, all necessary arrangements to relocate the displaced residents into housing that is safe, sanitary, and secure until such time that the building, unit, or units are made safe for re-occupation, or for at least a three-month period, and the owner shall pay or cause to be paid all of the reasonable expenses involved in such relocation. Reasonable efforts should be made to notify the owner of these obligations in writing on letterhead from the Building Official, however, failure to provide such notice shall not affect the enforcement of this ordinance. If the owner fails to relocate displaced residents within eight hours, County personnel shall be empowered to assist in the relocation by providing crisis housing placement and three meals a day for seven days immediately following the eight-hour period for the owner to comply. If, during that seven-day period, the owner fails to timely relocate displaced residents as described herein, County personnel shall be empowered to provide displaced residents with financial assistance to obtain temporary housing. The financial assistance shall be in an amount not to exceed three months� fair market rent, as defined by the United States Department of Housing and Urban Development. If the owner fails to timely relocate displaced residents as described herein, the 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, or unit owner where applicable, 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 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, including but not limited to County administrative costs;
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, unit, 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 owner; and
i. Notice that the owner shall be liable for the reasonable costs of the hearing if the owner is unsuccessful at the hearing.
(iii) The 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 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 owner shall be assessed by the Unsafe Structures Board or Appeal Panel, at the County�s discretion, 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 Board or Appeal Panel shall order the 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, unit, 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 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 owner fails to timely pay the County-incurred expenses pursuant to the Order issued by the Unsafe Structures Board or Appeal Panel, a lien against the land on which the violation exists or upon any other real or personal property owned by the owner shall be assessed by the Appeal Panel or 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 owner has failed to pay a judgment against the 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.