Item Coversheet

Committee Assignments - C4  AC




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Vice-Mayor Alex Fernandez 
DATE:November  16, 2022
 



SUBJECT:REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE AND THE LAND USE AND SUSTAINABILITY COMMITTEE - DISCUSSION REGARDING CRIMINAL PENALTIES FOR DEMOLITION BY NEGLECT WHEN CIVIL PENALTY REMAIN UNPAID AT TIME OF DEMOLITION.

BACKGROUND/HISTORY

The historic Deauville will be imploded in a few hours, this morning. The negligence of the property owner will deprive our community of an important part of our history. Nonetheless, it is my understanding they have not paid the civil fines to the city. As such I would like to refer the above-referenced item to the Public Safety and Neighborhood Quality of Life Committee (“PSNQLC”) and to the Land Use and Sustainability Committee (“LUSC”) to consider whether the City should adopt criminal penalties for demolition by neglect. 

 

“Demolition by Neglect” is the term used to describe a situation in which a property owner intentionally allows a historic property to suffer severe deterioration, potentially beyond the point of repair. Property owners may use this kind of long-term neglect to circumvent historic preservation regulations. More over this dangerous practice jeopardizes the public’s safety, impacts the quality of life of surrounding neighbors, and affects the economic activity of the area. 

 

Section 118-532(g)(1)(d) of the City Code establishes a civil penalty for demolition by neglect of up to $5,000.00 per day, for each day that the remedial and corrective action is not taken.

 

I would like the committees to consider whether the City Commission should adopt criminal penalties for demolition by neglect against those responsible when the civil penalty has not been paid by the time of demolition. 

 

Should you have any questions or concerns about any of the foregoing, please do not hesitate to contact me at alex@miamibeachfl.gov.

SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

N/A

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
Vice-Mayor Alex Fernandez