AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “BUILDING REGULATIONS,” BY AMENDING ARTICLE II, ENTITLED “CONSTRUCTION STANDARDS,” BY AMENDING DIVISION IV THEREOF, ENTITLED “2017-2020 BUILDING PERMIT REPRIEVE PROGRAM,” TO EXTEND THE DURATION OF THE BUILDING PERMIT REPRIEVE PROGRAM FOR OWNERS OF SINGLE-FAMILY RESIDENTIAL, MULTI-FAMILY RESIDENTIAL, MIXED-USE OR COMMERCIAL PROPERTIES WHO HAVE FAILED TO OBTAIN A BUILDING PERMIT, OR WHO HOLD EXPIRED PERMITS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AN EFFECTIVE DATE, AND A SUNSET PROVISION.

Pursuant to the request of Commissioner Alex Fernandez, the above-referenced Ordinance has been placed on the December 8, 2021 Commission meeting for First Reading. 

On May 1, 2017, the Mayor and City Commission adopted Ordinance No. 2017-4088, creating a one-year reprieve period for property owners and tenants to bring properties into compliance with the Florida Building Code (the "Program").

On May 16, 2018, and pursuant to Ordinance No. 2018-4192, the Mayor and City Commission extended the reprieve period by one year, through April 30, 2019.

On May 9, 2019, and pursuant to Ordinance No. 2019-4262, the Mayor and City Commission extended the reprieve period once again, through April 30, 2020.

On December 9, 2020, and pursuant to Ordinance No. 2020-4387, the Mayor and City Commission reinstated the Program, through December 31, 2021.

The attached Ordinance extends the duration of the Program for one additional year, through December 31, 2022. 

The purpose of the Program is to ensure that unauthorized work complies with the Florida Building Code, as any failure to comply with the Code can result in a life safety issue to the inhabitants of a structure. Cost is a concern to many property owners who either hold expired permits, without a final inspection, or who never applied for a permit in the first place. Often, title to a property has transferred, and a new owner, unaware of the unpermitted work, is left to resolve permitting issues and face double permit fees. In light of the foregoing, the attached Ordinance provides for an extension of the reprieve period through December 31, 2022. 

Under the terms of the Ordinance, reprieve would be provided to eligible property owners who voluntarily apply for reprieve. Applicants who apply for reprieve will be assessed only those fees (that are in effect at the time of the permit application) associated with new building permits or the re-issuance of permits. Fees associated with work performed without permits, or without inspections, would not be assessed to the applicant. Nothing in the Ordinance would preclude the Building Official from assessing fines or penalties for work performed without a permit, or work performed in violation of any provision of the Florida Building Code, Florida Fire Prevention Code, or the City's Land Development Regulations.