Item Coversheet

OLD BUSINESS  9.

COMMITTEE MEMORANDUM

TO: Public Safety and Neighborhood Quality of Life Committee Members


FROM:
Alina T. Hudak, City Manager


DATE: June 21, 2023


SUBJECT:

DISCUSSION REGARDING THE MAINTENANCE OF VACANT LOTS AND REGISTRATION REQUIREMENTS.


HISTORY:

At the November 16, 2022 City Commission meeting, a discussion regarding the maintenance of vacant lots and registration requirements was referred to both the Public Safety and Neighborhood Quality of Life Committee (“PSNQLC”) and the Land Use and Sustainability Committee ("LUSC").

ANALYSIS

During the period 04/11/2022 – 05/25/2023 the Code Compliance department issued notice of violations to vacant properties on the following ordinances of the City of Miami Beach Code:

 

  • 103 notice of violations on vacant properties under the lot clearance ordinance sections 58-299 - 58-301.  Of these, nine (9) were remediated by the City vendor.    This ordinance applies to all vacant buildings, vacant structures, and vacant and unimproved lots. These types of violations are called lot clearance violations.

 

o   Procedure for lot clearance violations:

 

o These types of violation remain open for a year. Code Compliance will monitor the property throughout the year to ensure the property is maintained.

 

o   If the property is not maintained by the property owner Code Compliance will contact the approved City vendor to remediate the conditions (cleaned up) of the property.

 

o   Once the property is cleaned up by the vendor, the vendor will send an invoice to the City.

 

o   The City will pay the vendor. Code Compliance will add the fees to the violation and create an invoice which is sent to the property owner to pay.

 

o Currently we have $28,000 allotted to clean up vacant properties/lots. Historically, our cost average $ 19,970.  So far this fiscal year the cost is $9,570.

 

·  16 notice of violations issued on vacant properties for Section 142-876 which requires minimum fence requirements on  all vacant lots, lots containing a structure that is subject to a permit that has been abandoned or that has expired (for more than 30 days) and which structure is unfit for human habitation, and lots containing buildings unfit for human habitation.  This section specifies the height, materials, and construction materials for the fence.

 

o   Some important points:

 

o   Except for single-family districts, fencing shall be required for all vacant and abandoned lots.

 

o   There are requirements on the height, materials, and type of construction foundations for the fence.

 

  • One (1) notice of violation issued for Division 4 Abandoned and Vacant Properties Registry, Sections 58-320 - 58-325 for failing to register the abandoned property registry through the Finance department. These requirements only apply to properties within a local historical district in the City of Miami Beach.

 

o   Some important points:

 

  • A nonrefundable annual registration fee in the amount of $200.00 per property.

 

  • In addition to the annual registration fee, a nonrefundable annual fee of $0.30 per square foot of a building or structure shall be paid for any building or structure that exceeds three stories in height. The annual fee is by fiscal year.

 

  • Failing to register the property, renew or pay the fees in a timely manner is a violation.

 

  • Properties are required to post a sign with the name, address and 24-hour contact phone number of the applicable owner, mortgagee, and/or property management company.

CONCLUSION:

This item was deferred at the April 18, 2023 PSNQLC meeting and is now being presented to the committee for your discussion and recommendation.  Per the original referral, this item was also presented at the LUSC meeting held on May 10, 2023.


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

Neighborhoods - Enhance the beautification, physical appearance and cleanliness of neighborhoods.
ATTACHMENTS:
DescriptionType
Original Referral Memo November 16, 2022Memo
CMB Code Section 58-299-301Other
CMB Code 142-876. Vacant and Abandoned Properties and Construction SitesOther
CMB Code Division 4. Abandoned and Vacant Properties RegistryOther