06-02-09 Item 9South Miami
All- America City
CITY OF SOUTH MIAMI I I r
OFFICE OF THE CITY MANAGER.
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas J. Vageline, Planning and Zoning Directo
Date: June 2, 2009 ITEM No.
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.
SUMMARY
The above ordinance amending the City's Code of Ordinances is to allow the City to be
eligible to receive funds from Miami -Dade County for demolition of blighted structures
in unincorporated and incorporated areas of the County. The program sponsored by the
Federal Department of Housing and Urban Development (HUD) is called the
Neighborhood Stabilization Program (NSP). Approximately one million dollars is being
made available to the County. A copy of the application submitted to the Federal
Government by Miami -Dade County for the NSP Program is available in the City Clerk's
Office.
CODE AMENDMENTS REQUIRED
In a letter from the County's Community & Economic Development Department dated
April 22, 2009 (attached as EXHIBIT A) Miami -Dade County has invited participation in
the NSP from municipalities. The County has directed that to qualify to apply for a
portion of the available funds a municipality: (1) must have designated target areas within
their boundaries and: (2) must adopt into their City Code certain terminology. This
includes an expanded definition of a blighted structure (uninhabitable structure and /or an
unsafe structure). The actual wording of the amendment to the City Code is taken from
Miami -Dade County Code Section 1713-15 and Section 8.5.
The County has identified county wide a number of Neighborhood Revitization Strategy
Areas (NRSA) which will be eligible (designated target areas) for the subject Federal
funding. The boundary of the South Miami Community Redevelopment Area (CRA) is
co- terminus with the South Miami Neighborhood Revitization Strategy Areas thereby
making that area eligible for the program. (See attached map in Exhibit A) The CRA
staff is now in the process of identifying buildings which would meet -the blighted
structure definition.
2
RECOMMENDATION
It is recommended that the attached draft ordinance be adopted on first reading.
Attachments:
Draft ordinance - -
Exhibit A
TJ V /SAY
XAComm ltems\2009 \6 -2 -09 \Neigh Stabilization Program CM Report.doc
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE
5 SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -5
6 "NEIGHBORHOOD STABILIZATION PROGRAM (NSP) "; PROVIDING
7 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
8 DATE.
9
10 WHEREAS, the United States Department of Housing and Urban
11 Development (US HUD) has awarded Neighborhood Stabilization Program (NSP)
12 funds to Miami -Dade County; and
13
14 WHEREAS, Miami -Dade County has allocated $1,000,000 from these NSP
15 funds for the demolition of blighted structures in unincorporated and incorporated
16 areas of the County; and
17
18 WHEREAS, Miami -Dade County has invited participation in the NSP from
19 municipalities, by letter from the County Community & Economic Development
20 Department dated April 22, 2009 (attached as EXHIBIT A); and
21
22 WHEREAS, the City of South Miami, Florida wishes to participate in this
23 aspect of the NSP of Miami -Dade County; and
24
25 WHEREAS, in order to be eligible for the NSP funding from Miami -Dade
26 County for the demolition of blighted structures, the City of South Miami is required
27 to adopt certain terminology.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
31
32 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
33 confirmed as being true and correct and are hereby made a specific part of this
34 Ordinance upon adoption hereof.
35
36 SECTION 2. Section 17B -15 of the Miami -Dade County Code of
37 Ordinances is hereby adopted as City Code Section 7 -5,. as set out below in full as
38 the City's definition of "blighted structures" for the purposes of participation in this
39 Miami -Dade County Neighborhood Stabilization Program pursuant to Federal
40 Domestic Assistance Number 14 -218, Neighborhood Stabilization Program
41 application dated November 24, 2008 and signed November 25, 2008 as referenced
42 to The NSP Substantial Amendment of Miami -Dade County, for the demolition of
43 "blighted structures ".
44
45 Sec. 7 -5. mod. Neighborhood Stabilization Program (NSP)
46
1
� DRAFT
47 For the nurooses of tiarticipating in the Miami -Dade County Neighborhood
48 Stabilization Program pursuant to Federal Domestic Assistance Number 14 -218,
49 Neighborhood Stabilization Program application dated November 24, 2008 and
50 signed November 25, 2008 as referenced to The NSP Substantial Amendment of
51 Miami -Dade County, the following shall serve as the definition for "blighted
52 structures" and "unsafe structures ".
53
54 Blighted structure shall mean uninhabitable structure and/or unsafe structure.
55
56 Sec. 7 -5.1 NSP Uninhabitable structure.
57
58 (1) A structure shall be uninhabitable when:
59 (a) It is visited by persons for the purpose of unlawfully_ procuring or using any
60 controlled substance, as defined under Chapter 893 of the Florida Statutes, or any
61 drugs, as defined in Chapter 499 of the Florida Statutes; or
62 (b) It is used for the illegal keeping, selling or delivering of such controlled
63 substances or drugs; and the structure is found to have one (1) or more of the
64 following characteristics:
65 (i) It is vacant, unguarded and open at doors or windows,
66 iii) There is an unwarranted accumulation of debris or other combustible material
67 therein;
68 (iii) The structure's condition creates hazards with respect to means of egress and
69 fire protection as provided for the particular occupancy,
70 (iv) There is a falling away, hanging loose or loosening of an sag, block, brick,
71 or other building material,
72 (v) There is deterioration of the structure or structural parts,
73 (vi) The structure is partially destroyed,
74 (vii) There is an unusual sagging or leaning out of plumb of the structure or any
75 parts of the structure and such effect is caused by deterioration or over - stressing,
76 (viii) The electrical or mechanical installations or systems create a hazardous
77 condition, or
78 (ix) An unsanitary condition exists by reason of inadequate or malfunctioning
79 sanitary facilities or waste disposal systems.
80
81 (2) A structure shall be presumed to be utilized for the purpose set forth in (1) a) or
82 (b) above when there are one (1) or more arrests or police reports of incidents which
83 involve the keeping, consumption, or delivery of controlled substances or drugs on
84 the premises of the subject structure during the period of six (6) months preceding
85 the nostina of notice by the Minimum Housins Enforcement Officer.
WO
87 (3) A structure found to be uninhabitable as provided herein shall be subiect to
88 demolition.
89
90 SECTION 3: In the administration of the demolition activity outlined in the
91 Neighborhood Stabilization Program and when the code adopted as Section 7 -5.1
92 does not meet the required standard for demolition, the City of South Miami will use
93 that portion of the Miami -Dade County Code Section 8.5 as set forth below and
2
DRAFT
94 adopted as set out below in full. Section 7 -5.2 NSP Unsafe Structure is hereby
95 adopted.
96
97 Section 7 -5.2 NSP Unsafe Structure.
98
99 (a) General.
100
101 (1) The following criteria shall be used in the determination of buildings or
102 structures that are unsafe.
103
104 (2) Buildings or structures that are, or hereafter shall become, unsafe, unsanitary
105 deficient, facilities with inadequate means of egress, or which constitute a fire or
106 windstorm hazard, or are otherwise dangerous to human life or public welfare by
107 reason of illegal or improper use, occupancy or maintenance, or which have been
108 substantially damaged by the elements, acts of God, fire, explosion or otherwise,
109 shall be deemed unsafe structures and a permit shall be obtained to demolish the
110 structure or where specifically allowed by this section, to bring the building into
111 compliance with the applicable codes as provided herein.
112
113 (3) Incomplete buildings commenced without a permit or for which the permit has
114 expired, or completed buildings commenced without a permit or for which the permit
115 has expired, prior to completion and no Certificate of Occupancy has been issued,
116 shall be presumed and deemed unsafe and a permit shall be obtained to demolish the
117 structure or bring the building into compliance with the applicable codes as provided
118 herein.
119
120 (4) Buildings which meet the physical criteria of unsafe structures set forth in this
121 section, and are ordered to be repaired by the Building Official, an Unsafe Structures
122 Appeal Panel or the Unsafe Structures Board, in the manner more particularly set
123 forth below, which are not completed or repaired and brought into full compliance
124 with the Building Code within the reasonable time allowed by the Building Official
125 or the Unsafe Structures Board, will be demolished.
126
127 (5) Swimming pools that contain stagnant water are deemed unsanitary and
128 dangerous to human life and public welfare. If the stagnant water is not removed and
129 all repairs made and brought into full compliance with the Building Code within the
130 reasonable time allowed by the Building Official, then these swimming pools will be
131 demolished.
132
133 (6 ) Buildings or structures subject to the recertification requirements in Section 8-
134 11(f) of this Code which the owner fails to timely respond to the Notice of Required
135 Inspection or fails to make all required repairs or modifications found. to be
136 necessary resulting from the recertification inspection by the deadline specified in
137 the Code or any written extension granted by the Building Official will be
138 demolished.
139
140 (b) Physical criteria.
A 1
141
142 (1) A building shall be deemed a fire hazard and /or unsafe when:
143 (i) It is vacant, unguarded and open at doors or windows.
144 iii) There is an accumulation of debris or other material therein representing a
145 hazard of combustion.
146 (iii) The building condition creates hazards with respect to means of egress and fire
147 protection as provided herein for the particular Occupancy.
148
149 (2) A building, or part thereof, shall be presumed to be unsafe if:
150 (i) There is a falling away, hanging loose or loosening of ansing, block, brick,
151 or other building material.
152 (ii) There is a deterioration of the structure or structural parts.
153 (iii) The building is partially destroyed.
154 (iv) There is an unusual sagging or leaning out of plumb of the building or any parts
155 of the building and such effect is caused by deterioration or over - stressing.
156 (v) The electrical or mechanical installations or systems create a hazardous
157 condition contrary to the standards of the Building Code.
158 (vi) An unsanitary condition exists by reason of inadequate or malfunctioning
159 sanitary facilities or waste disposal systems.
160 (vii) By reasons of use or occupancy the area, height, type of construction, fire -
161 resistivity, means of egress, electrical equipment, plumbing, air conditioning or other
162 features regulated by this Code do not comply with this Code for the use and group
163 of occupancy.
164
165 (3) A building, or part thereof, shall be presumed to be unsafe if:
166 (i) The construction, installation of electrical, plumbing or other equipment therein
167 or thereon, or the partial construction or installation of electrical, plumbing or other
168 equipment has been commenced or completed without a permit therefor having been
169 obtained or where the permit has expired prior to completion and the issuance of a
170 Certificate of Occupancy or Certificate of Completion.
171 (ii) The construction, installation of electrical, plumbing or other equipment therein
172 or thereon, or the partial construction or installation of electrical, plumbing or other
173 equipment has not been completed.
174 (iii) The building or structure is vacant and abandoned, and covered at doors or
175 windows with materials not previously approved by the Building Official, or for a
176 period exceeding the maximum limitations set forth in this Section.
177 Div By reason of illegal or improper use, occupancy or maintenance does not
178 comply with the Building Code, or the code in effect at the time of construction.
179 (v) The building or part thereof meets the physical criteria of an unsafe structure set
180 forth above and has not been repaired and brought into compliance with the Building
181 Code following the expiration of the reasonable periods allowed by the Building
182 Official, an Unsafe Structures Appeal Panel or the Unsafe Structures. Board for such
183 repairs.
184
185 SECTION 4: All ordinances or parts of ordinances in conflict with the
186 provisions of this ordinance are hereby repealed.
187
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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 day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
tjv
ZANeighborhood Stabilization Program demolition Ord. 54-2009
, 2009
APPROVED:
MAYOR
Commission Vote:
Mayor Feliu
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Palmer:
Commissioner
5
COUNTY
Carlos Alvarez, Mayor
April 22, 2009
Victor J. Citarella, RE, Building Department Director
City of South Miami
6130 Sunset Drive, 2nd Floor
South Miam,FL 33143
RE: Neighborhood Stabilization Program
Community & Economic Development
701 N.W. 1 st Court • 14th Floor
Miami, Florida 33136
T 786 - 469 -2100 F 786- 469 -2236
miamidade.gov
The United States Department of Housing and Urban Development (US HUD) awarded
Miami -Dade County $62,207,200 in Neighborhood Stabilization Program (NSP) funds.
The County's approved NSP Plan and Implementing Order is available for download on
our website at: www.miamidade.jzov/ced.
The County has allocated $1,000,000 for the demolition of blighted structures. It is the
desire of the County to assist with eligible demolition activity that may be available in
your city. :To see if your community can apply for the funding, I am attaching the section
of the Miami .Dade County Code used to define the term "blighted" as you must adopted
this language in order to qualify.
In addition to the required Code adoption, there are designated target areas in which the
demolition can only occur. These areas are shaded in red and orange on the high
resolution maps that are available at www.miamidade.gov/ced. There is a search engine
on our website that can identify the priority areas.
A presentation has been scheduled for May 15, 2009, to discuss our plan and approach, as
well as the Code and how it is applied. Technical assistance will be available to assist you
in adopting the County code by reference. The presentation will be held at the Permitting
& Inspection Center located at 11805 SW 26'h Street, Suite 230 from 2pm -4pm. Please
call Miriam Sabeta at 786 - 469 -2248, by May 8 to register, as space is limited.
Prior to the presentation, we would like to know if you are interested in participating in
this activity and whether or not you have identified such structures that may meet the
definition of blighted. According to some preliminary reviews, your municipality has
areas that are designated as highest and/or high priority. If you are interested in this
activity, you will need to provide a list of property(ies) you would like for the County to
consider: for demolition. The list must be prioritized from greatest to least importance
and. submitted by June 1, 2009. In addition to the list, we will need a copy of the adoption
of the County code referred to in this letter. We need to receive this information no later
than June 30, 2009.
Please provide the requested information to the attention of Clarence Brown. - -He can be
reached for questions at 786 - 469 -2221 and via email at cdbrown(amiamidade.gov.
Thank you for your attention to this process and we hope to see you soon.
Sincerely,
Shalley Jones Horn
Director
c: Peter McDougal, Deputy Director
Clarence D. Brown, NSP Director
Enclosure
C. DEFINITIONS AND DESCRIPTIONS
(1) Definition of "blighted structure" in context of state or local law.
Response:
Miami -Dade County adopts the definition of "uninhabitable structures" as defined in
Section 1713-15 of the Miami -Dade County Code of Ordinances, as the definition of
"blighted structures" for purposes of this NSP Substantial Amendment.' A structure shall
be deemed "blighted" and subject to demolition 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
drugs, as defined in Chapter 499 of the Florida Statutes; or
(b) It is used for the illegal keeping, selling or delivering of such controlled
substances or drugs; and
(c) The structure is found to have one (1) or more of the following characteristics:
(i) It is vacant, unguarded and open at doors or windows,
(ii) There is an unwarranted accumulation of debris or other combustible
material therein,
(iii) The structure's condition creates hazards with respect to means of egress
and fire protection as provided for the particular occupancy,
(iv) There is a falling away, hanging loose or loosening of any siding, block,
brick, or other building material,
(v) There is deterioration of the structure or structural parts,
(vi) The structure is partially destroyed,
(vii) There is an unusual sagging or leaning out of plumb of the structure or any
parts of the structure and such effect is caused by deterioration or over-
stressing,
(viii) The electrical or mechanical instal lations.,pr systems create a hazardous
condition, or
(ix) An unsanitary condition exists by reason of inadequate or malfunctioning
sanitary facilities or waste disposal systems. ,
' The term "blighted structure" does not appear in Section 1713-15 of the Miami -Dade County
Code of Ordinances. However, Chapter 17B (METROPOLITAN MIAMI -DADE COUNTY
DEMOLITION OF UNINHABITABLE STRUCTURES ORDINANCE) was adopted on the
basis of the Board of County Coinmissioners' legislative findings that "in recent years and at
present an increased number of uninhabitable structures exist, the maintenance of which is often
neglected by the owners thereof. It is furthermore found and declared by this Board that said
structures often become open, unsecured, vandalized, or used for illicit purposes by trespassers,
resulting in conditions that are unhealthy, unsafe, unsightly, and a blight upon the neighborhood
and community at large, and that the demolition of uninhabitable structures will improve the
security and quality of life in general of persons living nearby, will prevent blight and decay, and
will safeguard the public health, safety, morals and welfare."
Miami -Dade County NSP Substantial Amendment
30
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 involve the
keeping, consumption, or delivery of controlled substances or drugs on the premises 5A
the subject structure during the period of six (6) months preceding the posting of notice
by the Minimum Housing Enforcement Officer.
In the administration of the demolition activity outlined in this Plan and when the code
above does not meet the required standard for demolition Miami -Dade County will use
the code Section 8.5 for "unsafe structures" and it is as follows:
(2) Buildings or structures that are, or hereafter shall become, unsafe, unsanitary or
deficient, 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 section, to bring the building into
compliance with the applicable codes as provided herein.
(3) 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.
(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 Appeal Panel 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.
(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 Building 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 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.
(b) Physical criteria.
(1) A building shall be deemed a fire hazard and /or unsafe when:
(i) 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.
Mimni -Dade County NSP Substantial Amendment
31
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, 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
(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 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.
(ii) 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.
(iii) 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 Section.
(iv) 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.
(v) 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, an Unsafe Structures Appeal Panel or the Unsafe Structures
Board for such repairs.
(2) Definition of "affordable rents." Note: Grantees may use the definition they
have adopted for their CDBG program but should review their existing definition
to ensure compliance with NSP program — specific requirements such as continued
affordability.
Mimni -Dade Countv NSP Substantial Amendment
32
SOUTH MIAMI NRSA
MIAMI - DADE COUNTY, FLORIDA
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9
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