HomeMy WebLinkAbout2019-016-418 Amending Div 2 of Ch 28 Code of Ordinances Unsafe Structures ORDINANCE NO. 2019-016-418
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", PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in 1965, Miami-Dade County adopted an Ordinance to establish an
Unsafe Structures Board to ensure the safety of building structures, and
WHEREAS, municipalities were preempted from regulating unsafe structures, and
WHEREAS, on February 1 , 2011, Miami-Dade County amended its Unsafe
Structures Ordinance to allow municipalities to establish their own Unsafe Structures
Board, and
WHEREAS, in 2012 the City of Miami Gardens established its own Unsafe
Structures Board and procedures for declaring structures unsafe, and
WHEREAS, City Staff recommends amending Chapter 28, Unsafe Structures to
create more easily decipherable procedures,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby made
a specific part of this Ordinance.
Section 2. AMENDMENT: Chapter 28, Division 3 is hereby amended as follows:
DIVISION 3. -UNSAFE STRUCTURES
Sec. 28-68. - Unsafe structures board.
(ate
(!)The unsafe stfurat-wes beafd shall hem-7 unsafe stfurawfes eases, mid appea4s of deraisiefts, 0
unsafe where there is a danger- to the health, safety, and welfiffe of the raitizeas in the
(2)Buildings er- struetwes that are, or- hereafter- shall beeeme, tmsafe, tMsal:14afy Or- ,
herein.and dil*dated f4eilities, with inadeqtia4e means of egress, or- whieh eeftstkute a fire or
illegal er- improper-use' eeetipaney of:maintenanee, or-w-hieh ha-ve been substafAially damaged
by the eleffiefi4s, aets of God, fire, e*plosian or- athef-Mse, shall be deemed unsafe stfuettffes
and a pefmit shall be obtained to demelish the stfuetwe, or- where speeifieally a4lowed by this
aAiele, to bring the building into raeffiplianee with the appli6able eedes as provided
eampletion and fie raeftifieate of eeeupamey has been issued, sha4l be presumed aBd deemed
raemplianee with the applieable eedes as provided herein.
are ordered to be r-epair-ed by the building offieW of the tmsafe stmetufes bear-d, ifi the manne
eamplianee v4th the building reede within the reasonable time allowed by the building affieial
(5)Sm4fwnimg pools that eentain stagnant water-are deemed unsafAtafy and danger-ous to human
iffte full eemplianee with the building eade within a reasonable time,as allowed by the building
affleial, then these s-Aiffffaiag peels will be demolished and filled in.
the Miami Dade Getmty Gede w-hieh the eA%er-fails te timely respond to the fletiee of fequifed
ffefn the feeei4ifiea�ien inspeetion by the deadline speeified in the Code or- my vffit4eft
extensien granted by the building effieial will be demelish
(a) Definitions:
(1) Abandoned structure means a structure or building, as defined herein, or portion
thereof, which may have multiple housing, code enforcement and/or building code
violations, or may be illegally occupied and is:
a. Unsecured;
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Ordinance No. 2019-016-418
b. Unsafe as defined herein
c. Condemned
d. Vacant for over a 30-day period of time, commencing with the date of city
inspection and during which time an order to correct violations, abate a nuisance,
or remove an attractive nuisance has been issued;
e. Vacant for over a 30-day period of time without evidence of functioning water,
electric and/or gas utilities;
f. Boarded up, partially destroyed, or partially constructed or incomplete after the
building permit authorizing its construction has expired;
g. Accessible to trespassers, criminals or other unauthorized persons; or
f. Currently the subject of mortgage or tax foreclosure proceedings, delinquent in
mortgage or tax payments and vacant for at least 90 days.
(2) Building means a combination of materials to form a construction adapted to
permanent or continuous occupancy for use for public,institutional,residential,business,
industrial or storage purposes.
(3) Building code means the Florida Building Code, as amended from time to time.
(4)Building official means any of those employees of municipal or county governments,
or any person contracted, with building construction regulation responsibilities who are
charged with the responsibility for direct re ug latory administration or supervision of plan
review, enforcement, or inspection of building construction, erection, repair, addition,
remodeling, demolition, or alteration projects that require permitting indicating
compliance with building,plumbing,mechanical, electrical, gas, fire prevention,energy,
accessibility,and other construction codes as required by state law or municipal or county
ordinance.
(5) Interested Party means a person or entity who has an interest in real estate which is
subject to condemnation or demolition proceedings including the owner of record title
as shown in the records of the Miami-Dade Property Appraiser, any other person or
entity who has previously requested real property ad valorem tax notices with respect
to the subject property in accordance with F.S. § 197.344,lessees,tenants,or occupants,
if any, and any persons of record interest including mortgagee, agent with power of
attorney, or person claiming an interest under lis pendens or the like.
(6) Owner means the taxpayer as reflected in the most recently certified real property
ad valorem tax roll of Miami-Dade County
(7)Structures means that which is built or constructed,an edifice or building of any kind,
including garages, sheds, and similar accessory buildings and structures and fences, or
any piece of work artificially built up or composed of parts joined together in some
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Ordinance No.2019-016-418
definite manner. The term "structure" shall be construed as if followed by the words "or
part thereof."
(8) Unsafe Structures Board means quasi-judicial advisory board, which reviews the
decision of Building_Officials regarding buildings considered unsafe
Qb\(o General
(!)The unsafe stfuetth-es board shall hear-i;msafe struetufes eases, and appeals ef deeisi
of the ii building 44--e-4—al deae-4—ar-ing py-opefties and their- stfuetur-es and a6e
stfura�ur-es to be tmsafe where there is a danger- to the heedth, safety, and welfafe ef the
eitizens in the eenffaunity, all in the manner-pr-eser-ibed in this aftiele.
Buildings or structures that are,or hereafter shall become,unsafe,unsanitary or deficient,
and dilapidated facilities, with inadequate means of egress, or which constitute a fire or
windstorm hazard, or are otherwise dangerous to human life or public welfare by reason
of illegal or improper use, occupancy or maintenance, or which have been substantially
damaged by the elements, acts of God, fire, explosion or otherwise, shall be deemed
unsafe structures and a permit shall be obtained to demolish the structure, or where
specifically allowed by this article, to bring the building into compliance with the
applicable codes as provided herein.
(� Incomplete buildings commenced without a permit or for which the permit has expired,
or completed buildings commenced without a permit or for which the permit has expired,
prior to completion and no certificate of occupancy has been issued, shall be presumed
and deemed unsafe and a permit shall be obtained to demolish the structure or bring the
building into compliance with the applicable codes as provided herein.
Buildings which meet the physical criteria of unsafe structures, set forth in this section,
and are ordered to be repaired by the building official or the unsafe structures board, in
the manner more particularly set forth below, which are not completed or repaired and
brought into full compliance with the building code within the reasonable time allowed
by the building official or the unsafe structures board, will be demolished.
(4) Swimming pools that contain stagnant water are deemed unsanitary and dangerous to
human life and the public welfare. If the stagnant water is not removed and all repairs
made and brought into full compliance with the building code within a reasonable time,
as allowed by the building official, then these swimming pools will be demolished and
filled in.
Buildings or structures subject to the recertification requirements in subsection 8-11(f)of
the Miami-Dade County Code which the owner fails to timely respond to the notice of
required inspection or fails to make all required repairs or modifications found to be
necessary resulting from the recertification inspection by the deadline specified in the
Code or any written extension granted by the building official will be demolished.
CcLPhysical criteria.
(1) A building shall be deemed a fire hazard or unsafe when any of the following criteria are
met:
a. It is vacant, unguarded and open at doors or windows.
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Ordinance No 2019-016-418
b. There is an accumulation of debris or other material therein representing a hazard of
combustion.
c. The building condition creates hazards with respect to means of egress and fire
protection as provided herein for the particular occupancy.
d. it meets theiteria of a vaeant and .,1..,.,donea p «eAy under- seet en 28 284 e
this Code or- under- elapter8 of the "ms-Dade-C-eupATCode. It meets the criteria
of a abandoned structure as defined in Section a.
(2) A building,or part thereof, shall be presumed to be unsafe if:
a. There is a falling away, hanging loose or loosening of any siding, block, brick, or
other building material.
b. There is a deterioration of the structure or structural parts.
c. The building is partially destroyed.
d. There is an unusual sagging or leaning out of plumb of the building or any parts of
the building and such effect is caused by deterioration or over-stressing.
e. The electrical or mechanical installations or systems create a hazardous condition
contrary to the standards of the building code.
f. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary
facilities or waste disposal systems.
g. By reasons of use or occupancy the area,height,type of construction,fire-resistivity,
means of egress, electrical equipment, plumbing, air conditioning or other features
regulated by this Code do not comply with this Code for the use and group or
occupancy.
h. The construction, installation of electrical, plumbing or other equipment therein or
thereon, or the partial construction or installation of electrical, plumbing or other
equipment has been commenced or completed without a permit therefore having
been obtained or where the permit has expired prior to completion and the issuance
of a certificate of occupancy or certificate of completion.
i. The construction, installation of electrical, plumbing or other equipment therein or
thereon, or the partial construction or installation of electrical, plumbing or other
equipment has not been completed.
j. The building or structure is vacant and abandoned, and covered at doors or windows
with materials not previously approved by the building official, or for a period
exceeding the maximum limitations set forth in this article.
k. By reason of illegal or improper use, occupancy or maintenance does not comply
with the building code, or the code in effect at the time of construction.
1. The building or part thereof meets the physical criteria of an unsafe structure set forth
above and has not been repaired and brought into compliance with the building code
following the expiration of the reasonable periods allowed by the building official,
or an unsafe structures board for such repairs.
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Ordinance No. 2019-016-418
(3) Grow houses. A building or structure that has been identified by any law enforcement
officer as being used to grow or manufacture controlled substances as defined by F.S. ch.
893 or any drugs, as defined in F.S. ch. 499 (a "grow house") shall be presumed to be
unsafe if any one of the following criteria has been satisfied:
a. There is an open and obvious modification or addition to any of the structure's
electrical wiring or electrical components, or there exists any exposed wires or
exposed electrical components;
b. There is an open and obvious modification or addition to any of the structure's
plumbing,and/or any discharge of water or other effluent that is not into an ordinarily
available drain;
c. The structure's interior walls have been destroyed, moved, or modified in any way.
This may be evidenced by marks on the ceiling and/or floor that are indicative of a
wall having been moved or removed,holes or passages in a wall that are not ordinary,
and may be unfinished in appearance. This list shall not be considered exhaustive
such that any other evidence of walls being destroyed, moved or modified shall be
proper;
d. Any exterior window has been modified or covered in such a way, so as to inhibit or
reduce egress or which inhibits or prevents normal use for ventilation purposes; this
shall not include curtains and other ordinary window coverings; or
e. Any of the structure's exterior or interior doors have been modified or covered in
(, such a way to prevent or inhibit ingress or egress.
(a) __�p�o €e- e.] P 1. t, f ., e of the above +o,.:.,
� �'." OifO vieri�atr0i4 0 v�r�-c-viicvn-cc-iix
subseetion(b),any eity en&r-eefneR�per-sennel shall be authorized to post and shall pest a neitiae
ietietis leea4iea on the building or- stfuettffe that has been detefmined to be tmsafe.
(1) The posted neitiee shall read Substantially as fellaw&.L
City of Miami -moons, unsafe. THIS BUILDING ING 1Qu A T T >?>
]VACATED t7l-ALL �`Nv-` BE OCC PIED The a A%er- sYio should eent-&ez
NOTICE S14ALL i T NOT BE DL`Adl1VED EXCEPT BY THE BUI TITAT!'!
OFFICIAL. DATE (iftseft deAe posted)-.
(2) EntiFy to ai+y stfuetwe posted with sueh a natiee shall be prohibited e*eept by an er-def
(3) Within 24 hetffs ef�he fietiee being posted by the building offleied, the Mifflmi Q-1AV-d-k-ma-S
this a4iele. This nefiee shall also state theA building effleial will eendurat an inspeetieff of the
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Ordinance No 2019-016-418
(4) A 11 S;t-n—leatiffir-eas that Eneet any of the er-iter-ia ffem subseetien (e)(1) above and hwe been
posted vAth the requisite netiae, must be approved by the building depaftmen4 based upen A
Afthia fAll Aiens before the struetur-e ean be deemed safe feF use:
a. An eleetfieal ;
;
d. An insperation b, 1 engineer-.
Upon eampletion of the inspeetions deser-ibed herein, an inspeetion r-epeA shall be filed wm
building depai4fnent fer- appr-eva4. The building dir-erater- shall pfaser-ibe the &Fffls to be used
the insperations desefibed herein and shall be authorized te ehar-ge a fee for- the feview of the
afid the s4uettffe is safe fef eeeupaney. No building deemed unsafia, I I 'his seetion s
have been obtained to bring the str-ueture baek iRta eampliwiee Mth the building eede. Nothing
herein shall r-elieve the evffier-ffem the r-equifement to obtain pefmits for-any r-epair-s r-equif ed-t-0
f thiset
(d) Valuation criteria.
(1) If the cost of completion, alteration, repair and/or replacement of an unsafe building or
structure or part thereof exceeds 50 percent of its value,such building shall be demolished
and removed from the premises. If the cost of completion, alteration, repair and/or
replacement of an unsafe building or structure or part thereof does not exceed 50 percent
of its value,such building or structure may be repaired and made safe,as provided herein.
(2) For purposes of application of this formula, value shall be the estimated cost to replace
the building in kind, excluding depreciation. The estimate shall be derived from
multiplying the value of the square footage of construction used by the building
department to calculate the applicable permit fee. That estimate shall be broken down on
a percentage basis into an estimate of the following critical elements of construction, as
applicable: structural, roofing, electrical, plumbing and mechanical, and other building
components("valuation of construction components").The cost of completion,alteration,
repair or replacement shall be estimated by application of the percentage of deterioration
found on site for each of the critical elements of construction to the valuation of
construction components for the structure, to arrive at an overall estimated cost to repair
the affected structure. The building official shall provide a form for the application of the
formula set forth above for the various types of construction.
(3) If a building or structure may be repaired and made safe pursuant to the valuation criteria
set forth above, and the building or structure is otherwise unsafe in accordance with the
physical criteria set forth in this article, the building official may order such building or
structure to be temporarily secured in the manner and subject to the limitations set forth
in this article. Such building must be completed and brought into full compliance with
the building code within such time as the building official or unsafe structures board may
determine to be reasonable for such completion. If the building or structure is not
temporarily secured, completed and brought into full compliance with the building code
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Ordinance No.2019-016-418
within the reasonable periods allowed,such building or structure shall be demolished and
removed from the premises.
(e) Inspection of unsafe buildings and structures.
The building official, on his or her own initiative or as a result of reports by others, shall
examine or cause to be examined every building or structure appearing or reported to be
unsafe, and if such is found to be an unsafe building or structure as defined in this article, the
building official shall proceed in the manner set forth in this article.
(f) Emergency action.
When in the opinion of the building official,there is actual or immediate danger of the failure
or collapse of a building or structure, or there is a health, windstorm or fire hazard, he may
order the occupants to demolish,vacate,temporarily close for use or occupancy the rights-of-
way thereto, sidewalks, streets or adjacent buildings or nearby area and institute other such
temporary safeguards,including securing the building or structure or any demolition or partial
demolition, as he may deem necessary under the circumstances, and may employ the
necessary labor and materials to perform the required work as expeditiously as possible. In
such event, the operation of the notice and hearing requirements of this article shall be
suspended as reasonably necessary in the opinion of the building official to redress the
emergency situation. Costs incurred in the performance of such emergency work shall be paid
by the appropriate owner of the property and upon the recording in the public records of this
county a certificate executed by the building official, certifying the amount so expended, the
same shall become a special assessment lien against the property involved.
(g) Securing unsafe structures.
(1) When a structure is required to be secured, open windows and doors shall be secured with
exterior plywood and suitably coated with an appropriate neutral color blending with or
harmonizing with the exterior colors of the building so as to be as inconspicuous as
possible.
(2) When securing with exterior plywood is not possible because existing structural damage
or design features will not support a sound, secure application of plywood or for any other
reason, the Building Official shall order securing against access and shall specify the
industrial standard method and materials to be installed. Manmade bodies of water must
be secured in a manner so as to eliminate any drowning or infection hazard, or must be
filled completely with clean fill dirt or sand and adequate drainage provided so that water
is not retained, does not accumulate and does not pond.
(3) In default of the owners or other parties of interest repairing or demolishing, removing, or
securing of such dwelling or structure, including an accessory building or structure or
manmade body of water, within the specified time or such other reasonable time fixed in
the notice and order of the code inspector, the code inspector may order vacation of the
premises.
(4) All unfit or unsafe structures or manmade bodies of water which have been secured as a
result of a notice and order pursuant to this section shall be subject to inspection, and the
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Ordinance No. 2019-016-418
owner of the dwelling or structure shall be assessed a fee for each and every such
inspection. Inspection fees shall be set by resolution of the city commission.
ACTION TO BE TAKEN UPON REFUSAL, FAILURE OR NEGLECT TO REMOVE A
VIOLATION;NOTICE OF UNSAFE STRUCTURE.
(h) The procedure for demolition of unsafe or unsanitary structures is as follows:
Upon observation of any one of the above criteria in subsection (d), any city enforcement
personnel shall be authorized to post and shall post a notice of violation in a conspicuous
location on the building or structure that has been determined to be unsafe.
(1) The posted notice shall read substantially as follows:
UNSAFE BUILDING. This building or structure is, in the opinion of the Building
Official for the City of Miami Gardens, unsafe. THIS BUILDING SHALL BE
VACATED-SHALL NOT BE OCCUPIED. The owner should contact the City of
Miami Gardens Building Department immediately. THIS NOTICE SHALL NOT BE
REMOVED EXCEPT BY THE BUILDING OFFICIAL. DATE (insert date posted).
(2) The Building Official shall give to the owner and any interested parties, as defined in
Section(a) 5:
a. Written notice by certified mail,to the address listed in the tax collector's office for
tax notices or to the address listed in the county property appraiser's database. For
property owned by a corporation, notices may be provided by certified mail to the
registered agent of the corporation. If any notice sent by certified mail is not signed
as received within 30 days after the postmarked date of mailing, notice may be
provided by posting as described in subparagraphs(3)b 1 and 2;
b. Hand delivery by the sheriff or other law enforcement officer, code inspector, or
other person designated by the local governing body;
c.Leaving the notice at the violator's usual place of residence with any person residing
therein who is above 15 years of age and informingsuch uch person of the contents of
the notice; or
d. In the case of commercial premises, leaving the notice with the manager or other
person in charge.
(3) In addition to providing notice as set forth in subsection(2),notice may be served by
publication or posting, as follows:
a. Such notice shall be published once during each week for 4 consecutive weeks(four
publications being sufficient) in a newspaper of general circulation.
b. 1. In lieu of publication as described in paragraph (a), such notice may be
posted at least 10 days prior to the hearing, or prior to the expiration of any
deadline contained in the notice,in at least two locations,one of which shall
be the property upon which the violation is alleged to exist and the other of
which shall the be City Of Miami Gardens' primary office.
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Ordinance No. 2019-016-418
2. Proof of posting shall be by affidavit of the person posting the notice,
which affidavit shall include a copy of the notice posted and the date and
places of its posting_
c. Notice by publication or posting may run concurrently with, or may follow, an
attempt or attempts to provide notice by hand delivery mail as required
under subsection(2).
(4) Evidence that an attempt has been made to hand deliver or mail notice as provided in
subsection(1),together with proof of publication or posting as provided in subsection
(2),shall be sufficient to show that the notice requirements of this part have been met,
without regard to whether or not the alleged violator actually received such notice.
(5) This written notice shall state the defects which constitute a violation of this Section
and shall prescribe the action to be taken to comply and the time within which
compliance must be accomplished, such time to be ten 00) business days, subject to
reasonable extension when requested in writing, for reasons which the Building
Official considers justifying an extension of time. All such extensions of time shall be
by written approval of the Building Official. In addition, this written notice will
explain the right of appeal of the decision of the Building Official to the Unsafe
Structures Board,and also advise that unless there is compliance with the instructions
in the Notice of Violation or an appeal is filed that a public hearing before the Unsafe
Structures Board will be initiated by the Building Official after time for compliance
has expired.
(6) Entry to any structure posted with such a notice shall be prohibited except by an order
issued by a court of competent jurisdiction, upon extension granted by the Building
Official or until such time as all necessary inspections listed in subsection(6)have been
completed.
(7) No person shall occupy or let to another for occupancy such a posted building or
structure except as provided for in this article. If the dwelling or structure is occupied
at the time of the posting, the dwelling or structure must be vacated within 24 hours
unless otherwise prescribed by the Building Official for good and sufficient reasons
after the notice is posted. The owner shall immediately begin action to vacate the
structure or to bring it into compliance within the time prescribed.
(8) It shall be unlawful for any pgrson to remove or deface the placard which has been
posted on an unsafe or unfit dwelling or structure, and the placard shall remain until
such time as the Building Official requires the placard to be removed.
(9) All structures that meet any of the criteria from subsection (d) above and have been
posted with the requisite notice, must be approved by the building department based
upon all of the following inspections before the structure can be deemed safe for use:
a. An electrical inspection,
b. A plumbing inspection;
c. An inspection by a certified mold inspector; and
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Ordinance No.2019-016-418
d. An inspection by a structural engineer.
Upon completion of the inspections described herein, an inspection report shall be filed
with the building department for approval.The Building Official shall proscribe the forms
to be used for the inspections described herein and shall be authorized to charge a fee for
the review of the inspection reports. Each inspection report shall certify that there is
currently no unsafe or hazardous conditions currentlyexisting xisting in the structure,all building
code violations corrected and the structure is safe for occupancy. No building deemed
unsafe pursuant to this section shall be occupied until the results from the required
inspections have been reviewed,and all permits have been obtained to bring the structure
back into compliance with the building code.Nothing herein shall relieve the owner from
the requirement to obtain permits for any repairs required to meet the requirements of this
section.
(10) When the violation specified in the Notice of Violation has been corrected, the Building
Official shall file for record a certificate certifying that the violation has been corrected,
gpon being paid for the filing fees incurred
The pr-evisions below shall apply to buildings or-struetwes meeting the valua4ion er-iter-i
€ef demelitiefr
(2) The building effieial shall pFepar-e a netiee of viela4iefi. The netiee shall state in
shall efder- the stf:uetwe to be demolished A4thin stieh time as is reasonable, subjeet4e
ex4ension when requested in "ting within the reasonable disefetion of the building
offieial. The notiee shall state that the speeifie details eenreeming the violations ean
explain the right of appeal of the deeision of the building offieial to the unsafe stfwtufes
board, in its appellate > and advise that unAess the deeision is appealed,
(3) The netiee of violation shall be affixed te the stfuetur-e eeneemed. 44te building effieial
shall—also—affix zArre srraEtwe nArrce ef the hearing ofthetinsirr
seheduled to eensider- any appeal of the deeision of the building effieial in raennee
,Ai� the stmetufe. The notiee of hearing shall be issued by the dir-eetor- ef the buildin
and code eemplianee depaFtment of his designee for-appeals to an unsafe struetufes be
advising per-sons te cappeaTbefer-e the eaFd to show cause ••4y the . eeisio of *l.o
building effieial should not be eafried etA. The hearing shall net be seheduled earlier-than
30 days following the date of posting of the notiee of hearing and notiee of vielation.
(4) The building effieial shall post a notiee bear-ing his or- her- signatu i Heueus
lee ion on the building ^ stfuetwe ahat li> h-eQYi- et-eFm—kne to v�"eThe pest
netiee shall-read-substantially as follows. "LNSAFE BUILDING". This building 0
stfuetwe is, in the opinion of the Building Offleial, unsafe. "THIS BUILDING SHAI
BE VACATED cu n r r NOT BE OCCUPIED." etion shall be taken by the 0%mer- as
"THIS
BY TLLE BUILDING TANG /lL'FICI A T DATE (inseFt date posted)."
D
Page 11 of 23
Ordinance No 2019-016-418
(5) Within to rk d „f posting the „tiee f 1 t' a „t' f 1, +1,
� � �.. ...... ...,.11�:b days �.. p.:,galls .11.. :.,..avv�r=v�ivcucmir-tmcr-nvcicc-vrzzccic-irr�crae
building nffieia shall send, Titte notiee ofviolation and notiee of hearingthe
c:„a interested,.a f fie s defined in Seetio (a) The notiee of„iel.,tion and .,,.t:,.,. ,.f
,.aau{.I.11''lII1VIV � �
hearing shali be sent by eeffified mail to all sueh paFties'last kftov,%addresses as r-efleeted
in the Feser-ds-e€the Miami Dade Ce,,�Tepefer---Failure efeeeive sueh
notiee VI the laek of a signed r-etum ee
ipt shall not inva4idate the notiee.
(I I)If the owner of the property concerned has not complied with the requirements as
stated in the Notice of Violation within the time stipulated or has not appealed the
action of the Building Official as stated in the Notice of Violation within the time
specified, the Building Official may file an appropriate instrument in the office of
the Clerk of the Circuit Court, to be recorded in the public records of this Miami-
Dade County, indicating that violations of this Code, exist upon the property
involved.
(12)The recording of such notice shall constitute constructive notice to all concerned,as
well as to any subsequent purchasers, transferees, grantees, mortgages, lessees and
all persons claimingor r acquiring interest in said property_
(13)An appeal shall be in writing,addressed to the Clerk of the Unsafe Structures Board,
and shall be in the form of a certified statement,stating the reasons for such an appeal
and stating wherein they consider the Building Official to be in error. Upon receipt
of the appeal, the Clerk of the Board will proceed to notify all parties in interest as
to the time and place the Unsafe Structures Board shall conduct a public hearing on
the matter.
(14) If the owner, or other parties having an interest do not comply with the terms of the
Notice of Violation and do not file an appeal within the time stipulated,the Building
Official shall then apply for a public hearing to be conducted by the Unsafe
Structures Board, and the Clerk of the Board shall notify all parties in interest of the
time and place of such public hearing on the matter. The procedure for the serving
and the form of notice shall be the same as in the case where an appeal has been
filed by the owner or other parties in interest and such procedure and form of notice
shall be as set forth hereinafter.
(15) When an appeal has been properly filed, or when the public hearing is initiated by
the Building Official, as provided herein, the Clerk of the Unsafe Structures Board
shall issue a notice in the Board's name,requiring the owner of record and all parties
having an interest to appear before the Board in person or by an attorney at the time
set forth in such notice, but not earlier than ten (10) days after service thereof, and
show cause why the decision of the Building Official should not be carried out.
Page 12 of 23
Ordinance No 2019-016-418
(16) The time for appearing and showing cause as aforesaid, and a description of the
property shall be as set forth in such published notice;provided, such time shall not
be less than ten days after the last publication thereof.
(15) Any person or party who shall not appear and show cause as aforesaid shall be as
fully bound by proceedings taken as if he or she had appeared and shown cause.
(6) Upon expir-Mien of the period of appeal provided in the netiee of viela4ien, the building
effieW may file an appropriate instfwnent in the offiee of the eler-k of the ekettit eou
of the building eede. The r-ee6i-ii g of the netiee shall eeastitu4e eenstr^uetiye netiee of
the vielatien to all > > transferees, met4gagees, lessees,
the vielation is eeffeeted, the file proof of the same upon pa��ent
for-fees ineuffed.
week for- two eenseetAive weeks. The published netiee shall eentain the address e
subjee4 pfepei4y and the names of the eymer- and ai:*, intef!ested p",, and state that the
„bjeet p petty has been fi3und to be in violation of the building ..ede and subjeet t,
demolition. The published netiee shall also state the ee of the hear-i�
!4\ The netiees provided i this seetion ., if4efided to serve s £,11 and eff etiye fletiee 0
the hearing and theviolations related t6 the stnaetufe L'.,:1,,fe of one f...,, . f notiee shall
to this Beet:.,.,
!:\ (h) Unsafe stfuetwes not meeting the valuation eriteri f r-; edi to demelit;�n
stmetwe to be tefapemr-iiy seeured in the manner- and subjeet to the limitations set fe
in this seetion. Sueh building Fatist be eempleted and brought ifAe full eemplianee wi
the building eede within sueh tifne as the building effieial or-the unsafe stfuetwes bear-4
may determine to be reasonable for- sueh eempletion. if the building or- striletwe is
to.....,.Far-ily so a,ev o.o ,e , et eempletedand br-ought into e nl:anee with -_
building ing .ede within the reasonable p0 .,llods a eh building o stmet„ro shall l,o
allowed,
demolished .,n r-emoved £..,.,, the p
C
( po v 2) The building offie:.,1 shall otiee .,4vielatien. This ,ff:t en netiee shall state
the. .,t„ of de f eto ,.1,;..1, eenstitute a violation of this .,t:.. ., 7
,.hal pr-esefibe the .,+:., to be take to eemply and the time within „l eh eemplianee
ffmst be weemplished, . t: ..o e . of to eyeeed ton days to seetffe an open stfuetw
the reasonable sa4isfaetien of the building offieial, 90 days to obtain pemits to r-epa
stFl etwe, and 120 dayste-bring it ante eemplianee'wh the building cede. This ..e o
shall also state tha4 the speeifie details eeneeming the violations ean be obtained ift
v,Titifig fr-e ,,the building effieial o request. l.. addition,this netiee, ,;11 explain the,.:..tet
of teal of the-deeission of the building offieial to the unsafe stmet,, es 1.,..,..,1 ini
Page 13 of 23
Ordinance No.2019-016-418
appellate eapaeit), and also advise that unless there is eemplianee vAth the dir-eetions of
the building offieial,a ease-A411 be eenuneneed before the unsafe stfuetufes aftef time fef
eemplianee has expired, or-that the building ing„ff;ei lis ef of .;11 he e.,fer-ee l
a ne-nein of vielatiensha'�e affixed to the s4wt-ufe eoneeme4:
(4) Within ten wofking days of posting the notiee of viela4iefi, the building effieial shall
idea in a1 oye
ri
) T., the event that building o stfuetwe net se red or br-e ght into e plia ee with
�✓T� iiic.z.• et the Lai ;
the r-equir-ements of the building-eerie-vii, #i riedsspeeia in the netiee of
viela4ien,and no applieation for-extension is made in the manner-set fefth in this see6efi-,
the building effieial may sehedule the ease for-hearing before the unsafe stmettifes be
to seetife an .,,.,-le« for- demolition of the build' . tet,., .t„«eor- to obtain any „the,
appropriate r-emedy.
(6) in the event that the direetor-of the building and eode eemplianee depat4ment sehedules
a hearing, or- in the event that the o%%ef of interested pafty files a tiffiely appeal Of
deeision of the building effieial, the seer-etaf-1, to the dir-eister- of the building depaFtment
or-his eF her-designee shall issue a nefiee of hearing whieh sha4l be affixed to the pr-epeft�-,
above.Notiee of the hearing shall be published in the same ided in subseefien
(g) above.
(7) TT..o e f t:,... of the pefiod of appeal pr-evidea in the notiee of violation, :f the
pr-opei4y has not been seeur-ed or- pefmits fef repair- obtained in the manner- stipulated in
the the building „ff: 1 filo ate t...,.,�.e„t the ,. hlie ds
mc-ii@t�c�cri�, crar-iimTzrr �c-nrrcrmixcnc�rcrca—pcivnc-rccvia�
in the m pr-evided in „hsee fie,, (g) abeye
with the building eede Fnay be extended by the building effieial for ene of mofe additional
effieial that the extension is wafFmted by one of fner-e of the following eir-etimstanees,
a. The inter-ested paFty has a demonstrated finaneial hardship tha4 will pr-event the,
interested paFt., f:..,.., a ..lot:..g a building o stfuetufe•
b. The interested paFty has filed a eempleted zoning hearing applieation W-hieh affeets
eluding a or-all appeals ,,,-t to for-eir-eumsta.,.es etAside of the nt of
f . enth ;,,te..este.d „a,•t.,•
e. The building or- stmetuiv is a multiple dwelling stmetur-e as defined in the buikkng
er-,,70 And,de el;t;on efany unit eomprising that stfuetwe e the stf!uet,.ral
integrity of the entire multi unit str-uetur-e, where the isompleiin-pi. A-ft-t-hp-, stmulpe-41-1-r-pe, is
outside of the e „tr-el of the interested paFty;
Page 14 of 23
Ordinance No.2019-016-418
d. The building or straettwe is the subjeet of pending litigation that renders it impossi
for-the building or-stfueture to be eompleted;
e. The building er-StrtFEttlreis thesubjeEt-eta-geedai-th ins;iran^ce czum-rzhc ptviceeas
ofaari ieh are intended to be utilized f„«repair- lot; ,.,.
and „ .
f The vuaauaaab or su uvtuav is the suvJvvt of u Yvaauaaag
sa4e to be elosed with
reasonable fifne frem the date the-extension is requested, where buyer has
exeeuted-a-"tten-eenunitment to the building effiEial-to eemplete the strueture
within the applieable eyAension period-.
The "Aien applieation for extension shall ftwther- represent to the building offleial t
the building or struettwe is and has a4 all tifnes been in full eofnplianee with all of the
eenditions set forth in this subseetion.
(9) Upen reeeipt of the wriaen-appheatier, the building „fes shall be atitheriLed-te
ex4end the dMe of full e plotio and re ..1;.nee with the building ,ede p ;,70,1.
building ing off:eia that o or faere of the .,hien, sot fortl, above exist with respb. The building or strueture is not o t
open,to the building or-struetffe;
vaeant or abandened,
having been seetff
doers and windows in a manner aeeeptable to the building offieial; and
The-iRterestedYafty has l reasonable-vvsts-if enf rceieit
.
(10) Any interested party may appeal to the unsafe struetwes board a deeision to grant or
deft),the extensien. Sueh appeal must be filed within 30 days of the date ofinamiling Afthp.
building off eia4's . ,,.;tto„ notiee of his or her deeisi,,, with ro eet to t1,o .,1; ,t; ... for
ver
(i)Public hearing.
(1) On the day established in the notice of public hearing the unsafe structures board shall
review all pertinent evidence and hear all testimony from the building official, the owner
and other parties in interest and their respective witnesses.
(2)The Board may modify,rescind,or uphold the decision of the Building Official as recited
in the Notice of Violation and may order the owner or persons responsible for the building
or structure to vacate, or cause to be vacated forthwith, to make repairs and to take
necessary action to secure the building, or to demolish the building or structure and
remove the salvage, contents debris and abandoned property from the premise, all within
the time stipulated in the order by the Board.
(3) Such order shall be entered in the minute book of the Board within three (3) days after
such public hearing and a copy of such order shall be forwarded to the owner and all
parties in interest by registered or certified mail and a copy thereof posted on the premise.
(4) If the owner or those responsible shall fail to comply with the order of the Board within
the time stipulated therein, and such order is to repair,or secure the building to make safe,
Page 15 of 23
Ordinance No.2019-016-418
then the Building Official shall cause such building to be vacated, if occupied, and shall
through his or her employees or through a contractor making the lowest responsible bid,
secure the building or structure.
Multi-unit structures.
(1) This subsection shall be applicable to all multi-unit structures. As used in this subsection,
the term multi-unit structures means all townhouses and other structures which contain
units divided by one or more common walls, where the structural integrity of any
component unit depends upon the structural integrity of one or more other units in the
same structure. In the event that the owner or other interested party fails to comply with
any order of the unsafe structures board in connection with any multi-unit structure,then
in addition to any other right or remedy contained in this section, the city shall be
authorized, but not required, to secure the structure in the manner set forth in this
subsection. In addition, and not in derogation of the use of other methods contemplated
by this section for enforcing the building code with respect to any structure, multi-unit
structures may be secured by performing whatever work the building official may
determine is reasonably necessary to preserve the structural integrity, water-tightness, or
safety of adjacent units or the surrounding community which work may include, but not
be limited to, roofing,windows, and electrical.
(2) The procedure for enforcement of this Code set forth above shall be in addition to, and
not in derogation of, other procedures available to the building official pursuant to the
building code. The provisions of this subsection are not intended to exonerate any owner
or other interested party from compliance with the building code or any order of an unsafe
structures board.
ftRecovery of costs.
1 All reests ineurfed pufstmat to any of the provisions of this seefien shall be paid by the
eyv%er-, interested paftj,, or-eeetipant of the pFemises on which the violation eeetffred.
(2) The building effieial shall file among his or-her-r-eeer-ds an affi4ayit stating Aith faimess
and accuraey the items of expense and the date of execution of aetions authorized by t
within this at4iele shall efeate an affidavit stating with faifness and aeeur-aey the items 0
shall be given to the building effieial responsible for-the unsafe struetur-e at issue and
among his or-her-feeer-ds fef that property.
(4) After- th ee months ffem the date of filing any liens that r-emain unpaid, the
institute a suit in aeeer-danee with F.S.eh. 162,to rveever-sueh expenses against any ii
per-son or- may eause sueh expenses to be rehar-ged against the pr-epefty on Whie.
established pfeeedtifes.
(5) AR), lien imposed pufsuant to this aftiele shall be a lien greater- in dignity to all liens,
emeepting roc tax liens.4
Page 16 of 23
Ordinance No.2019-016-418
(6) Lie eaten suaf+ to this seetio , .,.,., b 1, a a a fiea b * th
1V11J V1VK V t.J141 J1.1(.I.11,. LV 1111) JVV,.1V11111GL�' VV {11JGTiZLTg�Cr��1�7R7Z11�C� �SIe
&y the amount speeitied in the notiee of lien,together-with interest thefeon fiofn the d
o filing of the lien A ute at OW fate 1 2 pe o fes+ per-
annum, together- t t
VI the� o
ministmtive
7
filing and rveeFdifig fees and fees paid to file a satisfaetion of the
lien in the publie feeor-ds. When any sueh lien has been disehar-ged,the eity shall pFi9FHpdY
(1) The entire costs incurred pursuant to the provisions of this section shall be paid by
the owner, interested party or occupant of the premise or by the person who caused
or maintained the violation.
(2) The Building Official shall file among his or her records an affidavit stating with
fairness and accuracy the items of expense and the date of execution of actions
authorized by provisions of this section.
(3) The enforcing agency institute a suit to recover such expenses against any liable
person or may cause such expenses to be charged against the property as a lien or as
a special assessment collectable according to established procedures.
(4)(7}—The remedies and procedures for recovery of costs provided in this article shall
be in addition to and not in derogation of other costs_provided in the building code or
otherwise provided by law.
Unsafe structure boards.
pf-eivided for-under-this seetion. The unsafe structures board shall hear unsafe structures cases,
and appeals of decisions, of the city building official declaring_properties and their structures
and accessory structures to be unsafe where there is a danger to the health, safety, and welfare
of the citizens in the community, all in the manner prescribed in this article
(1) Composition. The unsafe structures board shall consist of seven individuals who reside
or have a principal business in Miami-Dade County. The mayor and each city council
member shall appoint a member to the unsafe structures board, such members shall
serve at the pleasure of the mayor or city council member making the appointment. The
mayor and city council members serving in the at-large city council seats shall appoint
members to serve for a two-year initial term. The city council members serving in Seats
1, 2, 3, and 4 shall appoint members to serve a three-year initial term. Thereafter, each
member shall be appointed to serve a two-year term, or until his/her successor is
appointed, whichever occurs later. Appointments to fill a vacancy shall be for the
remainder of the unexpired term. Members of the unsafe structures board shall possess
knowledge of the following disciplines:
a. A registered engineer;
b. A registered architect;
c. A general building contractor;
d. An electrical contractor;
e. A plumbing contractor; and
Page 17 of 23
Ordinance No.2019-016-418
f Two residents of the City of Miami Gardens shall be appointed to the board.
(2) Organization of the unsafe structures boards.
a. All provisions of chapter 2,article III, division 1,not in conflict herewith shall apply
to the unsafe structures board.
b. A majority vote of unsafe structures board members present and voting shall be
sufficient to overrule,modify or affirm any action or decision of the building official
or to take any action within the scope of the powers and duties of the board.
c. No member of an unsafe structures board shall sit as a voting member in any hearing
on a matter in which he has a personal or financial interest.
d. The building fficial, or his or her designee, shall
assist the unsafe structures board, but shall have no vote.
e. The Building official or his or her designee may call and schedule unsafe structures
hearings.
f. Audio record shall be kept of all unsafe structures hearings and all hearings shall be
public.
g. All hearings shall be open to the public, and any person whose interest may be
affected by the matter on appeal shall be given an opportunity to be heard in person,
or through his or her attorney.
h. Witnesses may be sworn and subpoenaed by the unsafe structures board in a like
manner as they are subpoenaed by the court or courts in Miami-Dade County.
i. The hearings shall be quasi-judicial and need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant evidence shall be admitted if
it is the type of evidence on which responsible persons are accustomed to rely in the
conduct of serious affairs regardless of the existence of any common law or statutory
rules which might make improper the admission of such evidence over objection in
civil actions.
j. Hearsay evidence may be used for the purpose of supplementing or explaining any
direct evidence but shall not be sufficient in itself to support a finding unless it would
be admissible over objection in civil actions.
k. The rules of privilege shall be effective to the same extent that they are now, or
hereafter may be, recognized in civil actions; and irrelevant and unduly repetitious
evidence shall be excluded.
(3) Duties, and powers of the unsafe structures boards. The unsafe structures boards shall
have the following duties, functions,powers and responsibilities:
a. Hear and determine appeals from actions and decisions of the building official
pursuant to the provisions of this section.
b. Hear and review the application of the building official for the review of his or her
action where his or her decision as indicated in a notice of violations has not been
complied with.
c. Affirm, modify or reverse the decision of the building official upon appeal or on
Page 18 of 23
Ordinance No. 2019-016-418
(4) fReserved.]
(5) Duties of the city attorney. The city attorney, or his or her designee, shall represent
the city before the unsafe structures board, and shall not therefore act as counsel
for the board. The unsafe structures board shall rely on advice from independent
legal counsel who shall be recommended by the city attorney for appointment by
the city council, for a term not to exceed two years. Said attorney can be removed
by the city council upon the recommendation of the city attorney_
(6) Requests for extensions of time. Any owner or authorized representative may seek
an extension of the timeframes set forth in an order of the unsafe structures board.
Such request for a hearing to seek such extension must be in writing,directed to the
unsafe structures board. The unsafe structures board shall not be authorized to
extend any deadline for compliance, set forth in the order, unless the secretary of
the unsafe structures board receives the written request for extension prior to the
deadline specified in the initial order. For example, in the event the unsafe
structures board order states that a permit must be obtained within a specified
period, the request for extension of the deadline to obtain the permit must be
received prior to the expiration of that specified period. If the same order provides
a deadline for completion of the structure, the request for the extension for the
deadline of completion must be received prior to the deadline for completion,
provided that the applicant has complied with the permit deadline. In no event may_
the unsafe structures board grant more than one extension of time for each initial
order.
To obtain an extension, the owner or applicant must demonstrate to the reasonable
satisfaction of the unsafe structures board that the structure that is the subject of the
order is secure at the time the extension is sought and that the owner or applicant
has made a good faith attempt to comply with the order which has been impeded
by changed circumstances or other circumstances outside of the owner or
applicant's control. As a further condition of the extension, the owner or applicant
must submit in writing, together with the petition for an extension, a written
timetable for compliance with the substantive provisions of the order and for
completion of all necessary repairs.The unsafe structures board shall not reconsider
the order, limiting its consideration of the petition to deciding whether therg ounds
for an extension have been satisfied in the manner set forth in this subsection.
(7) Judicial review. An aggrieved party, includingtty,may appeal a final order of
the unsafe structures board to the appellate division of the Circuit Court of the
Eleventh Judicial Circuit. Such an appeal shall not be a hearing de novo but shall
be limited to an appellate review of the record created before the board. An appeal
shall be filed within 30 days of the written order to which the appeal is directed.
(Ord. No. 2012-05-278, § 3,4-11-2012)
Page 19 of 23
Ordinance No.2019-016-418
Sec. 28-69. - Maintenance of vacant lots after demolition of structures.
(a) Intent. It is the intent of this section to regulate an improved or unimproved lot that has
become vacant or the ground has been left in disarray or excavated due to demolition of a
structure(s)on the lot and to implement regulations to:
(1) Ensure the lot is rehabilitated in a park-like appearance;
(2) Reduce neighborhood blight and its negative effects by regulating the aesthetic character
of vacant lots, formerly improved lots; or
(3) Ensure the lot does not have portions of land which have been excavated and not
returned to a uniform and level grade after a demolition.
(b) Definitions. For the purpose of this section, the following words and phrases shall have the
meaning respectively ascribed to them by this subsection:
(1) Vacant lot: shall mean a lot, tract, or other parcel of land in the city that does not have a
structure or building on the land.
(2) Structure: shall mean a structure or building as defined by the Florida Building Code, as
amended.
(3) Tree: shall mean any self-supporting woody plant or palm which usually has a single
main axis or trunk, with a minimum trunk diameter at breast height of two inches and a
minimum overall height of 12 feet. This definition excludes plants which are defined as
shrubs,hedges,vines,or ground covers. Palms shall have a minimum height of 14 feet in
order to be classified as a tree.
(4) Lot: A parcel of land; a portion of land; property.
(c) Minimum requirements.When a structure has been demolished and real property has become
a vacant lot or a portion of a lot has been left in disarray or excavated because of a demolition,
the owner of the lot shall, at a minimum:
(1) Remove all debris resulting from the demolition of the structure, along with any other
garbage from the lot.
(2) Refill and grade the lot in accordance with subsection (d), and lay down sod or
hydroseed on any exposed dirt on the lot. Nothing in this section shall be construed to
require the removal of trees from the lot.
(3) If the owner, fails to comply with the provisions of this section, the city, may issue a
notice of violation. Moreover, after proper notice to the owner of record as listed in the
Miami-Dade tax roll, certified mail return receipt requested, the city may refill, grade,
and sod the lot and impose a lien on the property for the work done.
(d) Fill requirements. The re-filling, grading, and sodding of the lot shall comply with the
Florida Building Code, as amended.
(e) Enforcement provision. This section may be enforced in accordance with chapter 8 [of
this Code], code enforcement. Nothing in this section precludes the city from enforcing
this section by any and all means provided by law, including, but not limited to, any
actions in the circuit court.
(f) Special assessment provision.
(1) Under the lawful authority granted to municipalities pursuant to F.S. chs. 170 and
166, the city hereby authorizes the levy and collection of special assessments to the
fund the costs of any work done by the city to enforce compliance with the
requirements of this article.
(2) Any work undertaken by the city under this article shall be treated as special
assessment liens against the subject real property,and until fully paid and discharged,
shall remain liens equal in rank and dignity with the lien of ad valorem taxes, and
shall be superior in rank and dignity to all other liens,encumbrances,titles and claims
in,to or against the real property involved. Interest at the rate of 12 percent per annum
shall accrue to such delinquent accounts. Such liens shall be enforced by any of the
methods provided in F.S. ch. 85, as amended, or, in the alternative, foreclosure
proceedings may be instituted and prosecuted under the provisions applicable to
practice, pleading and procedure for the foreclosure of mortgages on real estate set
forth in state statutes, or may be foreclosed pursuant to F.S. ch. 173, as amended, or
the collection and enforcement of payment thereof may be accomplished by any
other method authorized by law. The property owner shall pay all costs of collection,
including reasonable attorney fees,incurred in the collection of fees,service charges,
penalties and liens imposed by virtue of this section. Additionally,the city may elect
to utilize the uniform method for the levy,collection and enforcement of this non-ad
valorem assessment pursuant to F.S. § 197.3632, as may be amended from time to
time.
(g) Best efforts. The city,when at all possible,will use best efforts to comply with the provisions
of this section when demolishing property within the city,regardless of ownership.
(Ord.No. 2012-05-278, § 3,4-11-2012)
NOTICE OF VIOLATION (FORM ADDED)
NOTICE OF VIOLATION
UNSAFE BUILDING. This building or structure is, in the opinion of the Building
Official for the City of Miami Gardens, unsafe. THIS BUILDING SHALL BE
VACATED-SHALL NOT BE OCCUPIED.The owner should contact the City of Miami
Gardens Building Department immediately. THIS NOTICE SHALL NOT BE
REMOVED EXCEPT BY THE BUILDING OFFICIAL. DATE (insert date posted).
Our records indicate that vou are an owner or interested party of the following
property- in the City of Miami Gardens, Florida:
[description of propertyl
An inspection of this property discloses, and I have found and determined, that
unsafe conditions exist on this property. These unsafe conditions violate
Page 21 of 23
Ordinance No.2019-016-418
[description of section violated] of the Code of Ordinances of the City of Miami
Gardens, Florida in that:
[description of the violation in this section]
YOU ARE HEREBY NOTIFIED THAT IF, WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE,
a. THE VIOLATION DESCRIBED ABOVE IS NOT REMEDIED AND
ABATED, OR
b. THIS VIOLATION NOTICE HAS NOT BEEN TIMELY APPEALED, AS
SET FORTH IN SUBSECTION 28-68 OF THE CITY'S CODE OF
ORDINANCES,A PUBLIC HEARING BEFORE THE UNSAFE STRUCTURES
BOARD WILL BE INITIATED BY THE BUILDING OFFICIAL
All requests for extensions of time shall be in writing to the Buildiny- Official. You have
the right ppeal the decision of the Building Official to the Unsafe Structures Board
within 10 days. An appeal shall be in wTiting, addressed to the Clerk of the Unsafe
Structures Board. and shall be in the form of a certified statement, stating the reasons for
such an appeal and statins; wherein you consider the BuildinV Official to be in error.
Citv of Miami Gardens
By:
Title:
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith
are hereby repealed.
Section 4. SEVERABILITY: If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 5. INCLUSION IN CODE: It is the intention of the City Council of the
City of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word "Ordinance" may be changed
Page 22 of 23
Ordinance No.2019-016-418
to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 13TH DAY OF NOVEMBER, 2019.
PASSED AND ADOPTED on second reading this 11TH day of DECEMBER, 2019.
CITY OF MIAMI GARDENS, FLORIDA
By: 0 — i-EL
OLI GILBERT, III. MAYOR
ATTEST:
A 11
MARIO B TAILL , CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
SPONSORED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
Moved by: X 1/02 6zu3Ett i
Second by: Goun�c��MA1J (n�xuzAm S
VOTE:
Mayor Oliver Gilbert III X (Yes) (No)
Vice Mayor Rodney Harris (Yes) (No)
Councilman Reggie Leon x(Yes) (No)
Councilwoman Lillie Odom x_(Yes) (No)
Councilwoman Katrina Wilson X (Yes) (No)
Councilman David Williams Jr. x (Yes) (No)
Councilman Erhabor Ighodaro, Ph.D. X (Yes) (No)
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Ordinance No.2019-016-418