Item Coversheet


City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

 Item 18.
COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Alina T. Hudak, City Manager

DATE: March 1, 2023
TITLE:DISCUSS THE MAINTENANCE OF VACANT LOTS AND REGISTRATION REQUIREMENTS

HISTORY:

On November 16, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred the subject discussion (C4 AD) to the Land Use and Sustainability Committee (LUSC). The item was placed on the January 25, 2023 LUSC agenda and deferred to the February 15, 2023 LUSC meeting, at the request of the item sponsor. On February 15, 2023 the item was deferred to the March 1, 2023 LUSC meeting, with no discussion.

As noted in the attached referral memo, the item sponsor would like to discuss the long-term maintenance of vacant oceanfront lots and in general for vacant lots in historic districts. Additionally, the item sponsor would like to discuss specific regulations for vacant lots over 100,000 square feet including, but not limited to:

1. Minimum fencing;
2. Requiring the lot to be sodded and properly landscaped;
3. Requiring quarterly inspections to ensure the lot meets the set standards; and
4. Establishing a quarterly vacant lot registration with escalating registration fees - possibly based on the property value or size with the registration fees to be allocated to support policing and code enforcement of the area.

ANALYSIS:

The following is a summary of existing City Code provisions pertaining to the maintenance and securing of vacant lots:

Vacant Lot Registration
Section 58-322 of the City Code requires that within 15 days after a property has become abandoned or vacant, the property owner and/or mortgagee shall register such property with the city’s finance department, to be included in the city’s abandoned and vacant properties registry. The current annual registration fee is $200 per property. The registration requirements include an annual registration fee as well as the posting of a sign, no less than 18 x 24 inches, including the name, address and 24-hour contact phone number of the owner, mortgagee, and/or property management company.

Property Maintenance Standards
Vacant properties are required to be maintained in accordance with the city’s property maintenance standards. These requirements are more particularly addressed in Section 58-299 of the City Code:

 

Sec. 58-299. Responsibilities of owners of vacant buildings, vacant structures and vacant or unimproved lots.
(a) All vacant buildings, vacant structures, and vacant and unimproved lots shall comply with the requirements of subsections (b)—(k) of this section.
(b) Every owner of a vacant building, structure or lot shall keep the premises in clean and sanitary condition, including yards, lawns, courts and driveways.
(c) Exterior premises shall be kept free from the excessive growth of weeds, grass and other flora. The term "excessive" shall be interpreted as detrimental to the health, safety or welfare of the occupants or the public.
(d) Every owner of a vacant building, structure or lot shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water on the premises.
(e) Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a nuisance.
(f) Every owner of a vacant building, structure or lot shall keep the premises free from rodents, insects and vermin.
(g) The roof of every vacant building or structure shall be well drained of rain water.
(h) All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion.
(i) Every owner of a vacant building, structure or lot shall be responsible for removing unauthorized signs, posters and graffiti from the building's exterior; those signs authorized or exempted by the city's zoning ordinance are exempted from this subsection.
(j) Every owner of a vacant building or structure shall secure and maintain in secure condition all entrances and all other openings of the building or structure, including but not limited to windows and doorways. Such vacant building or structure shall be secured as follows:
(1) Ground floor entrances, windows and other openings shall be secured and sealed with concrete block or other materials of the same durability as determined by the building official. For purposes of this subsection the words "ground floor entrances" shall include all openings readily accessible to a person six feet in height without use of a ladder or other climbing aid.
(2) All other unsecure entrances, windows and openings not covered by subsection (j)(1) of this section shall be secured by wood or other similar materials approved by the building official. Entrances and windows above the ground floor shall be regarded as secure if the entrances are locked and not otherwise open to entry and the windows contain glass that is not cracked or broken or shutters that prevent entry.
(3) As an alternative to subsections (1) and (2) above, vacant buildings and structures may be secured in accordance with a total building security plan if approved by the building official.
(k) All materials used to secure a vacant building or structure shall be painted in a workmanlike fashion in the same color as its other exterior walls.

 
Minimum Fencing and Securing of Vacant Properties
Section 142-876 of the Land Development Regulations (LDR) of the City Code requires that a fence be constructed along all property lines, between five (5’) and seven (7’) feet in height. Along a front, street side and any waterway, an aluminum picket fence (or equivalent standard) is required. Along rear or interior property lines, vinyl coated chain-link fencing may be permitted.

SUMMARY
As part of a separate discussion item pending at the LUSC, the Administration has recommended the following potential options for further enhancing the aesthetics of vacant lots:

1. Requiring an aluminum picket fence (or equivalent standard) along all sides of a property; this would ensure a higher caliber of aesthetics when viewed from neighboring properties.

2. Incorporating minimum landscape requirements for vacant lots and lots with abandoned buildings. This may include elevating the entire site to current grade, minimum sod requirements for all areas of the property that do not contain a building, driveway, parking facilities, or walkways, and minimum requirements for hedges and other smaller plant material.

Additionally, the Administration would recommend that all vacant properties located within an historic district, regardless of lot size, be required to demonstrate full compliance with the vacant lot fencing standards prior to the acceptance of an application submission to the Historic Preservation Board.

CONCLUSION:

The Administration recommends that the Land Use and Sustainability Committee discuss the current requirements and provide any recommendations for enhancements to the City Commission.

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 

Departments

Planning

Strategic Connection

Neighborhoods - Enhance the beautification, physical appearance and cleanliness of neighborhoods.
ATTACHMENTS:
DescriptionType
REF MEMO (C4 AD)Memo