Loading...
2011-24-266 - Permit Amnesty Program City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 26, 2011 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x X Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: NA Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Streamline and automate all processes X Sponsor Name Danny O Crew City Manager , Department: Building and Code Compliance Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 28‐125 OF THE CITY’S CODE OF ORDINANCES TO ESTABLISH A PERMIT AMNESTY PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The South Florida Building Code (SFBC) was established in 1957. The SFBC evolved through several editions until 1992. Due to the devastation caused by Hurricane Andrew, there was an exigent need to strengthen the building code. Thus, the SFBC 1994 code was established as the base building code for Miami‐Dade County. In 2001, the Florida Legislature adopted a unified code for the State called the “Florida Building Code” (FBC). The FBC adopted sections of the SFBC called the “High‐Velocity Hurricane Zone” (HVHZ) which applies only to Miami‐Dade and Broward Counties. The technical requirements in the HVHZ sections are more stringent than those for the remainder of the State. ITEM I-1) ORDINANCE SECOND READING/PUBLIC HEARING Permit Amnesty Program 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 From the early building code to the current, there are established requirements and time limitations for permits. The FBC states that anyone who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact‐resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by the code, or to cause any such work to be done, shall first make an application to the building official and obtain the required permit. Recognizing the City of Miami Gardens as an established residential community; many properties have been altered from its original floor plan and survey without the benefit of permits and inspections possibly dating as far back as 1957. Currently, the City does not have a mechanism available for issuing building permits to bring additions or repairs into compliance which have not received permits or certificates of occupancy/completion, other than to require full compliance with present code requirements. Given the current housing market, there is an emerging group of first‐time homebuyers and investors seizing the opportunity to purchase foreclosured and abandoned properties. New homebuyers and investors are often unaware that they are acquiring properties which contain illegal structures. At this time, these property owners must bring these existing properties into current code compliance which generally causes a substantial financial hardship during this tough economy. Conversely, longtime property owners who have obtained permits to complete improvements may have allowed the permit to expire for various reasons. Upon the sale of the property or additional improvements, the homeowner must remedy the outstanding code compliance issues often incurring exorbitant expenses. The proposed ordinance allows the completion of structures, under Occupancy R‐3 (single family and duplex) and accessory structures thereto, using the requirements of the Florida Building Code current at the time the structure was built or permitted, but maintaining the specific life safety requirements of the present code. The proposed ordinance does not supersede the Zoning requirements. The Authority having jurisdiction is required to enact legislation adopting the amnesty procedures to allow the issuance of building permits under the provisions of FBC 2007, Section 105. Proposed Action: Staff recommends the Council approve the attached ordinance which establishes procedures to bring additions or repairs that have not received permits or certificates of occupancy/completion into compliance with the FBC. Attachments: