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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 7.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Jimmy L. Morales, City Manager
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| DATE: January 21, 2020
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| | | | | | | | | TITLE: | DISCUSSION: ESTABLISHMENT OF PENALTIES FOR PROPERTY OWNERS ENGAGING IN DEMOLITION BY NEGLECT. |
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| | | | | | | | HISTORY:
| On July 17, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred the discussion item to the Land Use and Development Committee (Item C4 O). The item was discussed at the September 18, 2019 LUDC meeting, and continued to the October 30, 2019 meeting with the following direction:
1. The administration and City Attorney’s office will research and provide recommendations regarding a process for imposing proportional fines, development and use reductions, and building registrations.
2. The administration will bring a discussion item to the October 8, 2019 meeting of the Historic Preservation Board for recommendations on posting unsafe structures on the city’s website.
On October 30, 2019, the item was discussed and continued to the December 2, 2019 LUDC, with the following direction:
1. The administration and the City Attorney will further evaluate the recommendations noted in the LUDC memo regarding proportional fines and building registry, as well as creating a process for as-built drawings of contributing structures.
2. Recommend that the City Commission refer the proposed amendment to chapter 118, article X, pertaining to a presumption clause, to the Planning Board.
3. The addresses of properties that have both an active unsafe structures violation and have been referred to the Miami-Dade County Unsafe Structures Board by the Building Official will be posted on the City website. This list shall be posted within the Building Department webpage, and the Planning Department webpage shall contain a direct link.
The December 2, 2019 LUDC meeting was cancelled, and the item was moved to the January 2020 agenda of the newly created Land Use and Sustainability Committee. |
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| | | | | | | | ANALYSIS:
| PLANNING AND LEGAL ANALYSIS
On October 8, 2019, the Historic Preservation Board discussed the matter and recommended that the City begin the process of posting the addresses of properties that have an active unsafe structures violation and have been referred to the Miami-Dade County Unsafe Structures Board by the Building Official on the City website. The Board also recommended that this information be available on either the Building Department or Planning Department page.
As indicated on October 30, 2019, planning staff and the City Attorney’s office have researched and discussed other options to address demolition by neglect in historic districts. The following is an update and summary of these efforts:
1. Fines. The way properties are currently fined is general and not specific to the size of the building. The administration and the City Attorney’s office have researched the concept of proportional fines and it appears that it is not pre-empted under State law. The administration and the City Attorney are exploring potential amendments that would result in more proportional fines for larger buildings.
2. Building Registry. The Building Department is researching and evaluating a method to establish a building registry process.
UPDATE
Attached is a model building registry ordinance from the City of Riviera Beach, as well as an updated list of abandoned commercial properties, which is color coded based on priority. Also included in the list of properties is the number of stories and the square footage to assist with determining appropriate, proportional fees.
In order to develop an ordinance specific to Miami Beach, as well as a potential process for as-built drawings of contributing structures, it is recommended that the item be discussed and continued to the February 2020 meeting of the LUSC.
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| | | | | | | | CONCLUSION:
| The administration recommends that the item be continued to the February LUSC meeting, in order for the administration to provide the following:
1. A draft ordinance specific to Miami Beach, creating a vacant building registry process, inclusive of appropriate, proportional fees.
2. A potential process for requiring as-built drawings of contributing structures. |
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| | | | | | | | | Is this a Resident Right to Know item? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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