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2012-005-278 - Unsafe Structures Ordinance 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: April 11, 2012 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: N/A 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) 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 DIVISION 3 OF CHAPTER 28 OF THE CODE OF ORDINANCES ENTITLED “UNSAFE STRUCTURES” TO REPEAL ALL EXISTING SECTIONS, AS ADOPTED BY MIAMIDADE COUNTY; AMENDING SECTIONS 28‐68 THROUGH 28‐123 TO CREATE A NEW UNSAFE STRUCTURES ORDINANCE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: The Unsafe Structures Board was established in 1965 through Miami‐Dade County Ordinance 65‐28. The Board ensures the safety of building structures through review of the Building Official’s decision regarding the safety of structures and hearing interested parties appeals on these matters. The Unsafe Structures Board functions to serve the community through conducting a fair and open public hearing process, where testimony is heard and evidence reviewed to make determinations that serve to ITEM I-1) ORDINANCE SECOND READING/PUBLIC HEARING Unsafe Structures Ordinance 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 safeguard the community. Prior to 2011, Miami‐Dade County preempted municipalites from hearing unsafe structure cases within their boundaries. On February 1, 2011, Miami‐Dade County amended the Ordinance permitting municipalites the option of creating an Unsafe Structures Board for the administration of cases within their jurisdiction to include processes for appeals of unsafe structure cases. In addition to the adoption of an administrative process, the City can publish its own standards for declaring unsafe structures within the City of Miami Gardens. The cost of administration of the Unsafe Structures Board will be recovered through assessement to the property owner/property. Proposed Action: Staff recommends the Council approve the attached ordinance which establishes the creation and administration process of an Unsafe Structured Board. Attachments: None