Item Coversheet

Ordinances - R5  B




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:March  9, 2022
 

10:10 a.m. Second Reading Public Hearing

SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," BY AMENDING DIVISION 2, "40-YEAR BUILDING RECERTIFICATION PROGRAM," SECTION 14-67, REQUIRING COURTESY NOTIFICATION TO BUILDING OWNERS AT LEAST TWO (2) YEARS PRIOR TO THE ANNIVERSARY OF THEIR RECERTIFICATION AS REQUIRED BY SECTION 8-11(F) OF THE MIAMI-DADE COUNTY CODE AND SECTION 14-67 OF THE CITY CODE, ADDING A REQUIREMENT FOR BUILDING OWNERS TO SUBMIT AN ANNUAL BUILDING MAINTENANCE LOG TO THE BUILDING DEPARTMENT, ESTABLISHING AN INCENTIVE PROGRAM FOR TIMELY ANNUAL BUILDING MAINTENANCE LOG SUBMISSIONS, AND REVISING THE HEADING OF SECTION 14-67 OF THE CITY CODE TO "BUILDING RECERTIFICATION PROGRAM"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

RECOMMENDATION

The Administration recommends that the City Commission adopt the attached Ordinance.

BACKGROUND/HISTORY

On December 15, 2021 the Miami Dade County Grand Jury filed their final report on the Surfside condo collapse tragedy and their recommendations on making buildings safer.

 

One recommendation stated the need for advance notice to building owners regarding their impeding recertification. Buildings which are required by county ordinance 8-11(f) to provide recertifications are given a notice of 90 days.  There has been much concern that a 90-day notice does not allow a property enough time to contract with a licensed design professional who will be required to perform site inspections based on previous permitting documents and perform possible testing.  There by the need to provide a prior notice to owner of their impeding recertification will help property owners plan their recertification and increase building safety.

 

The Building department has already proactively provided prior notice to the buildings due for recertification this year and will be providing notice for those properties due for recertification in 2023. The Grand Jury also recommended that there be a 1-year and 2-year notice to the property to allow time for action prior to the 90-day posting. By codifying this notice to owners and detailing the method of notice there will be uniformity within the building department and will not rely on an internal policy. This mandated uniform method of notice will assist the condominium boards and management companies to better plan and prepare for the recertification process.

 

Additionally, to assist with the recertification process and track the maintenance of buildings taller than 5 stories, the Building Department proposes to require the submission of an annual building maintenance log to the Building Department. This log will assist in tracking any repeated maintenance issues within a structure and assist in the data collection for the building recertification process by providing the Engineers with better data on routine building maintenance as part of the public record for the property.

 

Both items were part of the recent Miami Dade County Grand Jury recommendations.

 

Update after First Reading:

 

On January 20, 2022, the Mayor and City Commission passed the draft ordinance on first reading with changes to the commencement of the maintenance log program to phase in the program to allow for an educational period for property owners. The Building Department shall develop a standard operating procedure to educate and advise property owners of this section and develop a waiting period prior to enforcement of this sections, which shall commence on January 2, 2024.

Additionally, the City Attorney requested that language be included to further stipulate that failure to provide the courtesy notices does not waive or release the building owner’s obligation to comply with building recertification requirements, in accordance with all applicable state, county and municipal laws. Further, the failure of the building owner to timely submit a yearly maintenance log does not relieve or alter a property owner’s obligation to maintain its property in accordance with all applicable state, county and municipal laws.

To incentivize buildings participation in this program, the City of Miami Beach has designed an incentive program. Buildings in compliance with the annual log will qualify for cumulative 1.25% off per year on their recertification fees, up to 37.5%, and 3.75% off per year for the 10-year recertification, up to 37.5%, when submitted and complete within the 90-day period as required by MDC 8-11(f).

This log shall apply to all buildings greater than 5 stories. Buildings 5 stories or less shall qualify for the incentive program as per above but shall receive no fees in the event of noncompliance.

ANALYSIS

The Building Department has already begun the process of notification via mail to the property owner listed on the County Property Appraiser website, and to the mailing address listed for the site. The 2-year notice will be via e-mail (or equivalent electronic notification) and regular mail while the 1-year notice would be a posting, mail, and e-mail (or equivalent electronic notification) and the 90-day notice will require a letter via certified mail, a site posting and an e-mail (or equivalent electronic notification).

 

The Building Department will work with the IT Department to develop a tracking system within the City’s system “EnerGov” of annual maintenance activities for properties greater than 5 stories.  The Building Department will provide training and notice to commercial property owners, condo boards and property management companies to provide ease of compliance.  This submittal of maintenance logs would apply to all commercial, multifamily, and mixed-use buildings, over 5 stories in height.

In order to provide the level of service and not affect all other processes or require too much additional staffing we propose staggering the  due date for the submittal of the maintenance logs by North, Mid and South Beach beginning with odd property addresses.

 

North Beach (north of 63rd Street) addresses ending in an odd number due January 31st

Mid Beach addresses ending in an odd number due March 31st

South Beach (south of Dade and 23rd) addresses ending in an odd number due May 31st

North Beach addresses ending in an even number due July 31st

Mid Beach addresses ending in an even number due September 30th

South Beach addresses ending in an even number due November 31st

SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

By staggering the due dates, the goal is to have as little impact on the staffing requirement by enacting this legislation and be better able to provide quick and uniform enforcement. Between the early notice and the notification of the need to submit the maintenance logs and training the expected fiscal impact would amount to 3/4 of a clerk, a code officer, as well as administrative and supervisory time which equate to approximately $80,000 per year. The positions needed for this work were already adopted in the FY 21/22 budget. We hope to offset the cost of these additional services with a modest increase to the building recertification fees from $612 to $950. Additionally, increasing the extension fee from $612 to $950 and the late fee for the recertification report from $306 to $1000, and the inclusion of a late fee for late submission of the annual structural maintenance log for buildings over 5 stories of $1000. A companion fee schedule ordinance to amend Appendix A is on today’s agenda. 

 

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Strategic Connection

Non-Applicable
Legislative Tracking
Building
Sponsor
Commissioner Alex Fernandez and Co-sponsored by Commissioner Mark Samuelian

ATTACHMENTS:
Description
Ordinance