8South Miami
Im•NmeNcaCBy
CITY OF SOUTH MIAMI 1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu & Members of the City Commission
Via: Roger M. Carlton, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: January 26, 2010 ITEM No.:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY REGARDING THE
DEMOLITION ACTIVITY OF THE NEIGHBORHOOD STABILIZATION PROGRAM;
PROVIDING FOR AN EFFECTIVE DATE.
REQUEST
Miami -Dade County has asked that the City of South Miami execute an Interlocal Agreement
with the County related to the demolition activity of the Neighborhood Stabilization Program.
This resolution would authorize the City Manager to enter into an Interlocal Agreement with
Miami -Dade County regarding the demolition activity of the neighborhood stabilization
program.
BACKGROUND:
Ordinance no. 09 -09 -2001 was adopted by the City Commission on June 16, 2009 in order to be
eligible for participation in the demolition activities of the Neighborhood Stabilization Program.
The next step in the eligibility process is to enter into an Interlocal Agreement with the County
for participation in the program.
RECOMMENDATION
It is recommended that the Interlocal Agreement with Miami -Dade County regarding the
demolition activity of the Neighborhood Stabilization Program be approved. Attached is an
approval resolution.
Backup Documentation:
Proposed Resolution
Miami -Dade County Interlocal Agreement
Ordinance no. 09 -09 -2001
Planning genesis /Comm Items /2010/1 -26- 2010 /Interlocal Agreement with County — NSP memo 1 -26-
2010
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH MIAMI -DADE
COUNTY REGARDING THE DEMOLITION ACTIVITY OF THE
NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami,
Florida, wish to participate in the demolition activity of the Miami -Dade County
Neighborhood Stabilization Program; and
WHEREAS, an Interlocal Agreement has been created between Miami -Dade
County and the City of South Miami for the purpose of participating in the demolition
activities of the Miami -Dade County Neighborhood Stabilization Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OT THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City Commission authorizes the City Manager to enter into an Interlocal
Agreement with Miami -Dade County for the purpose of participating in the demolition
activities of the Miami -Dade County Neighborhood Stabilization Program.
Section 2. The attached exhibit "A" is incorporated herein by reference into this
resolution.
Section 3. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this
CITY CLERK
day of 12010.
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
Planning genesis /Comm Items /2010/1- 26- 10/NSP Interlocal Agreement with County Reso 1 -26 -2010
INTERLOCAL AGREEMENT BY AND BETWEEN MIAMI -DADE COUNTY,
FLORIDA, AND THE CITY OF SOUTH MIAMI, FLORIDA, REGARDING THE
DEMOLITION ACTIVITY OF THE NEIGHBORHOOD STABILIZATION
PROGRAM
This is an Interlocal Agreement between Miami -Dade County, a political
subdivision of the State of Florida (the "County ") and the City of South Miami, a
municipal corporation of the State of Florida (the "City"), entered into this day of
2010 (the "Agreement"),
RECITALS
I. The County was awarded $62,207,200 under the federal Neighborhood
Stabilization Program (NSP) to address foreclosures and abandoned properties
of which the Cowity has allocated $1,000,000 to be used for the eligible use of
demolition of blighted structures in areas in which at least 51 percent (51 %) of
the residents have incomes at or below one - hundred twenty percent (120 %)
area median income (AMI) as defined by the HUD Notice published in the
Federal Register October 6, 2008, and subsequent Bridge Notice published
June 11, 2009 ( "NSP Guidelines ").
2. The County has adopted a definition for blighted structures that includes
Chapter 17B and Section 8 -5 of the Miami -Dade County Code of Ordinances
which addresses uninhabitable and unsafe structures respectively.
3. The City has adopted the County code Chapter 17B and Section 8 -5 by
reference for participation in the eligible use demolition of blighted structures
and this Agreement.
4. The County, by way of authorization granted through Implementing Order 2-
11, solicited municipalities that were located in the highest and high priority
areas as outlined in the County's NSP Substantial Amendment for demolition
opportunities that the County would assist in accomplishing.
5. The City is responsible for identifying eligible units that meet the definition of
blighted structures and are located in the areas that are designated as highest
or high priority pursuant to the County's NSP Substantial Amendment.
6. The County has, through the Office of Capital Improvements, a pool of
qualified demolition contractors available to complete the demolition.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the County and the City agree as follows:
1. Recitals. The foregoing recitals are hereby acknowledged as true and
correct, and are incorporated herein by reference.
2. Purpose. The County through its Neighborhood Stabilization Program is
addressing the challenges associated with the destabilizing effects of foreclosures and
abandoned properties on neighborhoods by assisting the City with demolition activities.
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The County intends to work with the City to assist in mitigating the negative impacts that
blighted structures have on communities.
3. County. The County upon receipt of the identification of the blighted
structure will create a file specific to the affected property. The County will collect from
the City all the documentation that is associated with the property of interest to determine
compliance with all provisions of the NSP. Once the blighted structure definition has
been satisfied the County will commence with the selection of a contractor for demolition
and will work with City representatives to ensure completion of the demolition activity.
In no event shall NSP funds be used to demolish structures that are not blighted. The
County will pay the demolition contractor directly. Any eligible expenses, such as fees
that are directly related to the demolition process, may be reimbursable.
4. Cam. The City will identify blighted structures for demolition. The City
will document the eligibility of the site including the documentation that it meets the
requirements of Chapter 17B or Section 8 -5 of the Miami -Dade County Code of
Ordinances relative to the demolition of uninhabitable or unsafe structures. The City will
promptly submit documentation of the blighted designation to the County for review and
approval.
5. Federal State and Local Laws Both Parties shall comply with all
federal, state, and local laws governing the subject matter of this Agreement, including
but not limited to the NSP Guidelines and the applicable requirements of 24 C.F.R. Part
570. The City shall provide the County all documentation required pursuant to the
reporting requirements of the NSP program. In no event shall NSP funds be used to
demolish structures that are not blighted.
6. Indemnification. To the extent allowed by Section 768.28, Florida
Statutes, the City shall indemnify and hold harmless the County and its officers,
employees, agents and instrumentalities from any and all liability, losses or damages,
including attorneys' fees and cost of defense, which the County or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits,
causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Agreement by the City or its officers, employees,
agents, servants, partners, principals, or subcontractors. To the extent allowed by Section
768.28, Florida Statutes, the City shall pay all claims and losses in connection therewith
and shall investigate and defend all claims, suits or actions of any kind or nature in the
name of the County, where applicable, including appellate proceedings, and shall pay all
costs, judgments, and reasonable attorneys' fees which may issue thereon. The City
expressly agrees and understands that any insurance protection provided at the option of
the City shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the County or its officers, employees, agents and instrumentalities as herein
provided to the extend allowed by Section 768.28, Florida Statutes.
7. Termination. This Agreement may be terminated by either party for any
or no cause by giving advance notice to the other party of not less than sixty (60) days in
the manner set forth in Section 8 of this Agreement.
8. Notice. Any notices to be given hereunder shall be in writing and shall
deemed to have been given if sent by hand delivery or recognized overnight courier (such
as Federal Express), or if by certified U.S. mail, with return receipt requested, addressed
91
to the party for whom it is intended, at the place specified. For the present, the parties
designate the following as the respective places for notice purposes:
If to the County: Miami -Dade County Manager
Stephen P. Clark Center
111 N.W. Is' Street, Suite 2900
Miami, Florida 33128
With a copy to: Miami -Dade County Attorney
Stephen P. Clark Center
I I I N.W. Ist Street, Suite 2800
Miami, Florida 33128
Attn: Brenda Kuhns Neuman
With a copy to: Director
Miami -Dade OCED
701 N.W. Is' Court, 14° Floor
Miami, Florida 33136
If to the City: City Manager
City of South Miami
City Hall, 1st Floor
6130 Sunset Drive
South Miami, FL 33143
With a copy to: City Attorney
City of South Miami
City Hall, I" Floor
6130 Sunset Drive
South Miami, FL 33143
9. Entire Agreement. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements or understandings applicable to
the matters contained herein, and the parties agree that there are no commitments,
agreements or understandings, concerning the subject matter of this Agreement that are
not contained in the documents. Accordingly, it is agreed that no deviation from the
terms hereof shall be predicated upon any prior representations or agreements whether
oral or written.
5
10. Amendment. This Agreement may be amended or modified only by an
agreement in writing and signed by the duly authorized representatives of the City and
the County.
11. Term and Effective Date. This Agreement shall become effective upon
the final execution by the duly authorized representatives of the City and the County and
shall continue in force and effect until February 28, 2012 unless extended or terminated
in accordance with the provisions contained herein.
12. Governing Law and Venue. This Agreement shall be construed in
accordance with the laws of the State of Florida. Exclusive venue for any litigation
between the parties shall be in Miami -Dade County, Florida.
13. Conflict Resolution. The parties (in lieu of litigation) may seek to
negotiate conflicts between them arising under this agreement pursuant to the "Florida
Governmental Conflict resolution Act, Sections 164.101 — 164.1061, Florida Statutes.
14. Severability. If any tern or provision of this Agreement or the
application of either shall to any extent be determined to be invalid or unenforceable, the
remainder of this Agreement, or the application of such teen or provision to
circumstances other that those with respect to which it is invalid or unenforceable, shall
not be affected, and the remainder of this Agreement shall be enforced to the extent
perilitted by law.
15. Assignment. Neither this Agreement nor any term or provision hereof or
right hereunder shall be assignable by any parties, and any attempt to make such
assignment shall be void.
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16. Waiver. The failure of either party to this Agreement to object or take
affirmative action with respect to any conduct of the other party which is in violation of
the terms of this Agreement shall not be construed as a waiver of the violation or breach,
or of any future violation, breach or wrongful conduct.
IN WITNESS WHEREOF, the duly authorized representatives of the parties
have executed this Interlocal Agreement this _ day of
ATTEST:
By:
DIANE COLLINS
As Deputy Clerk of the Board
ATTEST:
MARIA M. MENENDEZ
As City Clerk
7
Miami -Dade County, Florida
By:
2010.
GEORGE M. BURGESS
Miami -Dade County Manager
Approved as to form and legal
sufficiency
Assistant County Attorney
City of South Miami, Florida
By:
ROGER M.CARLTON
Acting City Manager
ORDINANCE NO. 09 -09 -2001
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,, FLORIDA AMENDING CHAPTER 7 OF THE
SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -5
"NEIGHBORHOOD STABILIZATION PROGRAM (NSP) "; PROVIDING
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE.
WHEREAS, the United States Department of Housing and Urban
Development (US HUD) has awarded Neighborhood Stabilization Program (NSP)
funds to Miami -Dade County; and
WHEREAS, Miami -Dade County has allocated $1,000,000 from these NSP
funds for the demolition of blighted structures in unincorporated and incorporated
areas of the County; and
WHEREAS, Miami -Dade County has invited participation in the NSP from
municipalities, by letter from the County Community & Economic Development
Department dated April 22, 2009 (attached as EXHIBIT A); and
WHEREAS, the City of South Miami, Florida wishes to participate in this
aspect of the NSP of Miami -Dade County; and
WHEREAS, in order to be eligible for the NSP funding from Miami -Dade
County for the demolition of blighted structures, the City of South Miami is required
to adopt certain terminology.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance upon adoption hereof.
SECTION 2. Section 1713-15 of the Miami -Dade County Code of
Ordinances is hereby adopted as City Code Section 7 -5, as set out below in full as
the City's definition of "blighted structures" for the purposes of participation in this
Miami -Dade County Neighborhood Stabilization Program pursuant to Federal.
Domestic Assistance Number 14 -218, Neighborhood Stabilization Program
application dated November 24, 2008 and signed November 25, 2008 as referenced
to The NSP Substantial Amendment of Miami -Dade County, for the demolition of
"blighted structures ".
Sec. 7 -5. Res en,ed. Neighborhood Stabilization Program (NSP)
Ord. No. 09 =09 -2001
For the purposes of participating in the Miami -Dade County Neighborhood
sinned November 25 2008 as referenced to The NSP Substantial Amendment of
Miami -Dade County. the following shall serve as the definition for "blighted
structures" and "unsafe structures ".
Blighted structure shall mean uninhabitable structure and/or unsafe structure
Sec. 7 -5.1 NSP Uninhabitable structure.
(1) A structure shall be uninhabitable when:
(a) It is visited by persons for the purpose of unlawfully procuring or using any
controlled substance, as defined under Chapter 893 of the Florida Statutes or any
substances or drugs: and the structure is found to have one (1i or more of the
following characteristics:
therein,
(iv) There is a falling away. hanging loose or loosening of any s2 block brick
or other building material
(v) There is deterioration of the structure or structural parts.
(vi) The structure is partially destroy
(ix) An unsanitary condition exists by reason of inadequate or malfunctioning
sanitary facilities or waste disposal systems.
(2) A structure shall be presumed to be utilized for the purpose set forth in (1)(a) or
(b) above when there are one (1) or more arrests or police reports of incidents which
(3) A structure found to be uninhabitable as provided herein shall be subiect to
demolition.
SECTION 3: In the administration of the demolition activity outlined in the
Neighborhood Stabilization Program and when the code adopted as Section 7 -5.1
does not meet the required standard for demolition, the City of South Miami will use
that portion of the Miami -Dade County Code Section 8.5 as set forth below and
2
Ord. No. 09 -09 -2001
adopted as set out below in full. Section 7 -5.2 NSP Unsafe Structure is hereby
adopted.
Section 7 -5.2 NSP Unsafe Structure.
(a) General.
(1) The following criteria shall be used in the determination of buildings or
structures that are unsafe.
(2) Buildings or structures that are or hereafter shall become unsafe unsanitary or
shall be deemed unsafe structures and a permit shall be obtained to demolish the
(3) Incomplete buildings commenced without a permit or for which the permit has
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.
(4) Buildings which meet the physical criteria of unsafe structures set forth in this
section, and are ordered to be repaired by the Building Official. an Unsafe Structures
or the Unsafe Structures Board will be demolished
(5) Swimming pools that contain stagnant water are deemed unsanitary and
dangerous to human life and public welfare If the stagnant water is not removed and
all repairs made and brought into full compliance with the Buildina Code within the
reasonable time allowed by the Building Official then these swimming pools will be
demolished.
(6) Buildings or structures subject to the recertification requirements in Section 8
11(f) of this 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
demolished.
(b) Phvsical criteria.
Ord. No. 09 -09 -2001
(1) A building shall be deemed afire hazard and /or unsafe when:
fi) It is vacant, unguarded and open at doors or windows
(ii) There is an accumulation of debris or other material therein representing_a
hazard of combustion.
(iii) The building condition creates hazards with respect to means of egress and fire
protection as provided herein for the particular Occupancy.
(2) A building or part thereof, shall be presumed to be unsafe if-,
(i) There is a falling away hanging loose or loosening of any siding block brick
or other building material
(ii) There is a deterioration of the structure or structural parts
(iii) The building is Partially destroyed
(iv) 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._
(v) The electrical or mechanical installations or systems create a hazardous
condition contrary to the standards of the Building Code
(vi) An unsanitary condition exists by reason of inadequate or malfunctioning
sanitary facilities or waste disposal systems
(vii) By reasons of use or occupancy the area height, t 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
of occupancy.
(3) A building or part thereof shall be presumed to be unsafe if:
equipment has been commenced or completed without a permit therefor having been
obtained or where the permit has expired prior to completion and the issuance of a
Certificate of Occupancy or Certificate of Completion
(ii) The construction installation of electrical plumbing or other equipment therein
or thereon, or the partial construction or installation of electrical plumbing or other
windows with materials not previously approved by the Building Official or for a
period exceeding the maximum limitations set forth in this Section
(iv) By reason of illegal or improper use occupancy or maintenance does not
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, an Unsafe Structures Appeal Panel or the Unsafe Structures Board for such
re airs.
rd
Ord. No, 09 -09 -2001
Section 7 -5.3 City Commission Approval
(a) City. Commission approval is required prior to the submission of any
casework for a property to the County for demolition under the Neighborhood
Stabil>?ation Program." '—
SECT16N 4: All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 5: If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction,
this holding shall not affect the validity of the remaining portions of this ordinance.
SECTION 6: This ordinance shall be codified and included in the Code of
Ordinances.
SECTION 7: This ordinance shall take effect immediately at the time of its
passage.
PASSED AND ADOPTED this 16 4a of June
ATTEST:
CITY CLERK
1st Reading: 6/2/09
2nd reading: 6/16/09
READ AND APPROVED AS TO FORM:
CI TORNEY
, 2009
APPROVED:
MAYOR
Commission Vote:
5 -0
Mayor Feliu
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Sellars:
Yea
X: \Comm Items\2009 \6- 16- 09\Neighborhood Stabilization Program Demolition Ord Revised. 6- 2- 09.doe