§ 10-101 — Unsafe structures and unsafe structures panel

Sec. 10-101. - Unsafe structures and unsafe structures panel.

(a) General. (1) Unsafe structures panel(s) shall hear unsafe structures cases, and appeals of decisions, of the city building official, or designee, declaring properties and their structures and accessory structures to be unsafe where there is a danger to the health, safety, and welfare of the citizens in the community, all in the manner prescribed in this article. If such structure has been designated historic and is under the city's historic preservation jurisdiction, demolition procedures shall, whenever possible, abide by the process as set out in the city's historic preservation ordinance as found in chapter 23 of this Code, unless there is an immediate threat of danger, as determined by the building official, or designee. (2) Buildings or structures that are, or hereafter shall become, unsafe, unsanitary or deficient, and dilapidated facilities, with inadequate means of egress, or which constitute a fire or windstorm hazard, or are otherwise dangerous to human life or public welfare by reason of illegal or improper use, occupancy or maintenance, or which have been substantially damaged by the elements, acts of God, fire, explosion or otherwise, shall be deemed unsafe structures and a permit shall be obtained to demolish the structure, or where specifically allowed by this article, to bring the building into compliance with the applicable codes as provided herein. (3) Incomplete buildings commenced without a permit or for which the permit has expired, or completed buildings commenced without a permit or for which the permit has expired, prior to completion and no certificate of occupancy has been issued, shall be presumed and deemed unsafe and a permit shall be obtained to demolish the structure or bring the building into compliance with the applicable codes as provided herein. (4) Buildings which meet the physical criteria of unsafe structures, set forth in this section, and are ordered to be repaired by the building official, or designee, or the unsafe structures panel, in the manner more particularly set forth below, which are not completed or repaired and brought into full compliance with the building code within the reasonable time allowed by the building official, or designee, or the unsafe structures panel, will be demolished. (5) Swimming pools that contain stagnant water are deemed unsanitary and dangerous to human life and the public welfare. If the stagnant water is not removed and all repairs made and brought into full compliance with the building code within a reasonable time, as allowed by the building official, then these swimming pools will be demolished and filled in. (6) Buildings or structures subject to the recertification requirements in subsection 8-11(f) of the Miami-Dade County Code which the owner fails to timely respond to the notice of required inspection or fails to make all required repairs or modifications found to be necessary resulting from the recertification inspection by the deadline specified in the Code or any written extension granted by the building official, or designee, will be demolished. (b) Physical criteria. (1) A building shall be deemed a fire hazard or unsafe when any of the following criteria are met: a. It is vacant, unguarded and open at doors or windows. b. There is an accumulation of debris or other material therein representing a hazard of combustion. c. The building condition creates hazards with respect to means of egress and fire protection as provided herein for the particular occupancy. d. It meets the criteria of a vacant and abandoned property under chapter 10 of this Code or under chapter 8 of the Miami-Dade County Code. (2) A building, or part thereof, shall be presumed to be unsafe if: a. There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material. b. There is a deterioration of the structure or structural parts. c. The building is partially destroyed. d. There is an unusual sagging or leaning out of plumb of the building or any parts of the building and such effect is caused by deterioration or over-stressing. e. The electrical or mechanical installations or systems create a hazardous condition contrary to the standards of the building code. f. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems. g. By reasons of use or occupancy the area, height, type of construction, fire-resistivity, means of egress, electrical equipment, plumbing, air conditioning or other features regulated by this Code do not comply with this Code for the use and group or occupancy. h. The construction, installation of electrical, plumbing or other equipment therein or thereon, or the partial construction or installation of electrical, plumbing or other equipment has been commenced or completed without a permit therefore having been obtained or where the permit has expired prior to completion and the issuance of a certificate of occupancy or certificate of completion. i. The construction, installation of electrical, plumbing or other equipment therein or thereon, or the partial construction or installation of electrical, plumbing or other equipment has not been completed. j. The building or structure is vacant and abandoned, and covered at doors or windows with materials not previously approved by the building official, or designee, or for a period exceeding the maximum limitations set forth in this article. k. By reason of illegal or improper use, occupancy or maintenance does not comply with the building code, or the code in effect at the time of construction. l. The building or part thereof meets the physical criteria of an unsafe structure set forth above and has not been repaired and brought into compliance with the building code following the expiration of the reasonable periods allowed by the building official, or designee, or an unsafe structures panel for such repairs. (3) Grow houses. A building or structure that has been identified by any law enforcement officer as being used to grow or manufacture controlled substances as defined by F.S. ch. 893 or any drugs, as defined in F.S. ch. 499 (a "grow house") shall be presumed to be unsafe if any one of the following criteria has been satisfied: a. There is an open and obvious modification or addition to any of the structure's electrical wiring or electrical components, or there exists any exposed wires or exposed electrical components; b. There is an open and obvious modification or addition to any of the structure's plumbing, and/or any discharge of water or other effluent that is not into an ordinarily available drain; c. The structure's interior walls have been destroyed, moved, or modified in any way. This may be evidenced by marks on the ceiling and/or floor that are indicative of a wall having been moved or removed, holes or passages in a wall that are not ordinary, and may be unfinished in appearance. This list shall not be considered exhaustive such that any other evidence of walls being destroyed, moved or modified shall be proper; d. Any exterior window has been modified or covered in such a way, so as to inhibit or reduce egress or which inhibits or prevents normal use for ventilation purposes; this shall not include curtains and other ordinary window coverings; or e. Any of the structure's exterior or interior doors have been modified or covered in such a way to prevent or inhibit ingress or egress. (c) Upon observation of any one of the above criteria in subsection (b), any city enforcement personnel shall be authorized to post and shall post a notice in a conspicuous location on the building or structure that has been determined to be unsafe. (1) The posted shall read substantially as follows: (i) Unsafe structure(s) meeting criteria for immediate or emergency demolition: "UNSAFE BUILDING. This building or structure is, in the opinion of the City of Miami, unsafe. THIS BUILDING SHALL BE VACATED-SHALL NOT BE OCCUPIED. The owner should contact the City of Miami Building Department immediately. THIS NOTICE SHALL NOT BE REMOVED EXCEPT BY THE BUILDING OFFICIAL OR DESIGNEE. DATE (insert date posted)." This notice shall also apply to any structure(s) where it is determined by the Building Official or Designee that it is not safe for occupancy until required repairs are completed. This Notice may be appealed to the Unsafe Structure Panel within twenty (20) days of posting." (ii) Unsafe structure(s) not meeting criteria for immediate demolition: "UNSAFE BUILDING. This building or structure is, in the opinion of the City of Miami unsafe due to conditions or unpermitted work but is not determined to meet criteria for immediate or emergency demolition. The owner should contact the City of Miami Building Department immediately. THIS NOTICE SHALL NOT BE REMOVED EXCEPT BY THE BUILDING OFFICIAL OR DESIGNEE. If the structure(s) are not brought into compliance, the structure(s) may be ordered vacated and demolished. DATE (insert date posted). This Notice may be appealed to the Unsafe Structure Panel within twenty (20) days of posting." (2) Entry to any structure posted with such a notice under subsection (c)(1)(i) shall be prohibited except by an order issued by a court of competent jurisdiction, until such time as all necessary inspections listed in subsection (4) have been completed. (3) Within 24 hours of the notice being posted by the building official, or designee, the Miami Police Department shall notify the building department of any trespass violations pursuant to subsection (c)(1)(i). Upon receiving such notification from the Miami Police Department the building department shall immediately send a notice of violation in accordance with the provisions of this article. This notice shall also state that building official, or designee, will conduct an inspection of the structure and issue a notice of violation within five business days. (4) All structures that meet any of the criteria from subsection (c)(1) above and have been posted with the requisite notice, must be approved by the building department based upon all of the following inspections before the structure can be deemed safe for use: a. An electrical inspection; b. A plumbing inspection; c. An inspection by a certified mold inspector; and d. An inspection by a structural engineer. Upon completion of the inspections described herein, an inspection report shall be filed with the building department for approval. The building director shall proscribe the forms to be used for the inspections described herein and shall be authorized to charge a fee for the review of the inspection reports. Each inspection report shall certify that there is currently no unsafe or hazardous conditions currently existing in the structure, all building code violations corrected and the structure is safe for occupancy. No building deemed unsafe and meeting criteria for immediate or emergency demolition pursuant to this section shall be occupied. Nothing herein shall relieve the owner from the requirement to obtain permits for any repairs required to meet the requirements of this section. (d) Valuation criteria. (1) If the cost of completion, alteration, repair and/or replacement of an unsafe building or structure or part thereof exceeds 50 percent of its value, such building shall be demolished and removed from the premises. If the cost of completion, alteration, repair and/or replacement of an unsafe building or structure or part thereof does not exceed 50 percent of its value, such building or structure may be repaired and made safe, as provided herein. (2) For purposes of application of this formula, value shall be the estimated cost to replace the building in kind, excluding depreciation. The estimate shall be derived from multiplying the value of the square footage of construction used by the building department to calculate the applicable permit fee. That estimate shall be broken down on a percentage basis into an estimate of the following critical elements of construction, as applicable: structural, roofing, electrical, plumbing and mechanical, and other building components ("valuation of construction components"). The cost of completion, alteration, repair or replacement shall be estimated by application of the percentage of deterioration found on site for each of the critical elements of construction to the valuation of construction components for the structure, to arrive at an overall estimated cost to repair the affected structure. The appointing authority shall by administrative order provide a form for the application of the formula set forth above for the various types of construction. (3) If a building or structure may be repaired and made safe pursuant to the valuation criteria set forth above, and the building or structure is otherwise unsafe in accordance with the physical criteria set forth in this article, the building official or designee may order such building or structure to be temporarily secured in the manner and subject to the limitations set forth in this article. Such building must be completed and brought into full compliance with the building code within such time as the building official, or designee, or unsafe structures panel may determine to be reasonable for such completion. If the building or structure is not temporarily secured, completed and brought into full compliance with the building code within the reasonable periods allowed, such building or structure shall be demolished and removed from the premises. (4) When any electrical or structural repairs or modifications are required, the responsible engineer or architect who has performed the inspection must provide the building official or designee with a letter indicating whether or not the building or structure may continue to be occupied while the building or structure is undergoing repairs. Such letter shall be valid for no more than 180 days, and a new letter must be issued if repairs or modifications remain ongoing. (e) Inspection of unsafe buildings and structures. The building official, or designee, on their own initiative or as a result of reports by others, shall examine or cause to be examined every building or structure appearing or reported to be unsafe, and if such is found to be an unsafe building or structure as defined in this article, the building official or designee shall proceed in the manner set forth in this article. (f) Emergency action. (1) When in the opinion of the building official, or designee, there is actual or immediate danger of the failure or collapse of a building or structure, or there is a health, windstorm or fire hazard, he may order the occupants to vacate, temporarily close for use or occupancy the rights-of-way thereto, sidewalks, streets or adjacent buildings or nearby area and institute such other temporary safeguards, including securing the building or structure, as he may deem necessary under the circumstances, and may employ the necessary labor and materials to perform the required work as expeditiously as possible. In such event, the operation of the notice and hearing requirements of this section shall be suspended as reasonably necessary in the opinion of the building official, or designee, to redress the emergency situation. Costs incurred in the performance of such emergency work shall be paid by the appropriate governmental authority and upon the recording in the public records of this county a certificate executed by the building official, or designee, certifying the amount so expended, the same shall become a lien against the property involved. (2) For purposes of subsection (f), "owner" shall mean the owner of an apartment building or a condominium/condominium unit. When the building official or designee orders an occupied residential building, either apartment or condominium, with four or more units to be vacated, as authorized in subsection 10-101(f)(1), and deems that there is an actual or immediate danger of the failure or collapse of a building or structure, or health, windstorm, or fire hazard, which is a result of the negligent or intentional act or failure to act by the owner(s), the owner shall, after posting, within 24 hours make, or cause to be made, all necessary arrangements to relocate the residents of the building into housing that is safe, sanitary, and secure, and the owner shall pay, or cause to be paid, all of the reasonable expenses involved in such relocation. If the owner fails to timely relocate displaced residents, city personnel shall be empowered to assist in the relocation, and the owner shall pay all reasonable expenses incurred by the city, in accordance with the following: a. Service of a notice of required payment of costs of resident relocation shall be made upon the owner by posting the notice in a conspicuous location at the premises ordered to be vacated and by mailing the notice certified, return receipt requested through the USPS to the address listed in the records of the property appraiser's office for tax notices for the property and in the case of a condominium, to the condominium board and board president. b. The notice of required payment of costs of resident relocation shall include: i. An affidavit itemizing the city's expenses incurred in the relocation; ii. The date of issuance; iii. The name of the department or division issuing the notice; iv. The obligation to relocate a resident or residents pursuant to subsection 10-101(f) of the City Code; v. The amount of relocation costs for which reimbursement is sought, up to three months, the financial assistance shall be in an amount not to exceed three months' fair market rent, as defined by the United States Department of Housing and Urban Development; c. With respect to apartment rental units, the obligations of owners under this subsection shall only apply to tenancies entered into after the effective date of this subsection. d. Once notice requiring payment of costs accomplished, owner shall have 30 days to pay. (g) Unsafe structures meeting valuation criteria for immediate demolition. (1) The provisions below shall apply to buildings or structures meeting the valuation criteria for demolition. (2) The building official, or designee, shall prepare a notice of violation. The building official, or designee, shall prepare a notice of violation. This written notice shall state in summary form: (i) The nature of defects which constitute a violation of this section; and (ii) In such time not to exceed ten days to secure an open structure to the reasonable satisfaction of the building official and time to comply by obtaining an approved permit within 30 days. Failure to comply with any portion of the timeframe provided can result in the matter being set for hearing before the unsafe structure panel; (iii) This notice shall also state that the specific details concerning the violations can be obtained in writing from the building official on request. In addition, this notice will explain the right of appeal of the decision of the building official, or designee, to the unsafe structures panel, in its appellate capacity and also advise that unless there is compliance with the directions of the building official, or designee, a case will be commenced before the unsafe structures panel with the city seeking demolition without further notice. (3) The notice of violation shall be affixed to the structure concerned. The building official, or designee, shall also affix to the structure notice of the hearing of the unsafe structures panel scheduled to consider any appeal of the decision of the building official in connection with the structure. The notice of hearing shall be issued by the director of the building department or his/her designee for appeals to an unsafe structures panel advising persons to appear before the panel to show cause why the decision of the building official should not be carried out. The hearing shall not be scheduled earlier than 30 days following the date of posting of the notice of hearing and notice of violation. (4) The building official, or designee, shall post a notice bearing his or her signature in a conspicuous location on the building or structure that has been determined to be unsafe. The posted notice shall read as provided for in subsection (c)(1). (5) Within ten working days of posting the notice of violation and/or notice of hearing, the building official or designee, shall send written notice of violation to the owner. For hearings, notice shall go to both the owner and any interested party. For these purposes, the owner shall be the taxpayer as reflected in the most recently certified real property ad valorem tax roll of Miami-Dade County; provided however, where the records of the Dade County Property Appraiser indicate that ownership has changed, the owner shall be the taxpayer as reflected in those records. An interested party shall be the owner and any other person or entity who has previously requested real property ad valorem tax notices with respect to the subject property in accordance with F.S. § 197.344, as the same may be renumbered or amended from time to time. The notice of violation and notice of hearing shall be sent by certified or first class mail to all such parties' last known addresses as reflected in the records of the Miami-Dade County Property Appraiser. Failure to receive such notice, or the lack of a signed return receipt shall not invalidate the notice. (6) Upon expiration of the period of appeal provided in the notice of violation, the building official, or designee, may file an appropriate instrument in the office of the clerk of the circuit court to be recorded in the public records of this county, indicating that the property is in violation of the building code and subject to a pending lien. The recording of the notice shall constitute constructive notice of the violation to all concerned, subsequent purchasers, transferees, mortgagees, lessees, grantees and all persons claiming or acquiring interest in the property. In the event that the violation is corrected, the building official, or designee, shall file proof of the same upon payment for fees incurred. (7) The building official, or designee, shall publish a notice for two consecutive weeks online via the city's website at www.miamigov.com. The published notice shall contain the address of the subject property and the names of the owner and any interested party, and state that the subject property has been cited for violations of the building code and subject to demolition. The published notice shall also state the time and place of the hearing scheduled before the unsafe structures panel. (8) The notices provided in this section are intended to serve as full and effective notice of the hearing and the violations related to the structure. Failure of one form of notice shall not invalidate or impair the full effectiveness of notice provided by other means pursuant to this section. (9) The city may seek collections of any money expended to rehouse occupants of a structure under this subsection pursuant to subsection (f)(2). (h) Unsafe structures not meeting the valuation criteria for immediate demolition. (1) If a building or structure may be repaired and made safe pursuant to the valuation criteria set forth above, and the building or structure is otherwise unsafe in accordance with the physical criteria set forth in this section, the building official, or designee, may order such building or structure to be temporarily secured in the manner and subject to the limitations set forth in this section. Such building must be completed and brought into full compliance with the building code within such time as the building official, or designee, or the unsafe structures panel may determine to be reasonable for such completion. If the building or structure is not temporarily secured, or once served, not completed and brought into compliance with the building code within the reasonable periods allowed, such building or structure shall be demolished and removed from the premises. (2) The building official, or designee, shall prepare a notice of violation. This written notice shall state in summary form: (i) The nature of defects which constitute a violation of this section and shall prescribe the action to be taken to comply and the time within which compliance must be accomplished; (ii) In such time not to exceed ten days to secure an open structure to the reasonable satisfaction of the building official, or designee, and 60 days to submit plans, 90 days to obtain permits and 120 days to complete and finalize the permit obtained. Failure to comply with any portion of the timeframe provided can result in the matter being set for hearing before the Unsafe Structure Panel; (iii) This notice shall also state that the specific details concerning the violations can be obtained in writing from the building official on request. In addition, this notice will explain the right of appeal of the decision of the building official, or designee, to the unsafe structures panel, in its appellate capacity and also advise that unless there is compliance with the directions of the building official, or designee, a case will be commenced before the unsafe structures after time for compliance has expired, or that the building official's order will be enforced. (3) The notice of violation shall be affixed to the structure concerned. (4) Within ten working days of posting the notice of violation, the building official, or designee, shall send the written notice of violation to the owner, in the same manner provided in above. (5) In the event that the building or structure is not secured or brought into compliance with the requirements of the building code within the periods specified in the notice of violation, the building official, or designee, may schedule the case for hearing before the unsafe structures panel to secure an order for demolition of the building or structure or to obtain any other appropriate remedy. (6) In the event that the building official, or designee, requests that the director of the building department or his/her designee schedule a hearing, or in the event that the owner or interested party files a timely appeal of the decision of the building official, the director of the building department or his/her designee shall issue a notice of hearing which shall be affixed to the property, mailed to the owner and interested party, in the same manner provided in subsection (g) above. Notice of the hearing shall be published in the same manner provided in subsection (g) above. (7) If the property has not been secured or permits for repair obtained in the manner stipulated in the notice, the building official, or designee, may file an appropriate instrument and notice of pending lien in the public records in the manner provided in subsection (g) above. The city may seek collections of any money expended to rehouse occupants of a structure under this subsection pursuant to subsection (f)(2). (8) Pre-hearing extension of time. Homestead exempt and/or owner-occupied residential properties may be allowed to request from the building official, prior to hearing before the unsafe structure panel, one extension of time from the original notice of violation compliance requirements. Extensions shall only be provided for those properties who have shown good cause, meaning submission of plans and active participation in the processing of the permits to repair the deficiencies. Extensions shall not apply to structures that meet criteria for immediate demolition. The extension may be no longer than 180 days in total. Governmental owned properties shall also be allowed to request extensions pursuant to this subsection. This subsection shall apply retroactively to all similarly situated properties. (i) Public hearing—Unsafe structure panel. (1) On the day established in the notice of public hearing the unsafe structures panel shall review all pertinent evidence and hear all testimony from the building official (or designee), the owner and other parties in interest and their respective witnesses. (2) The unsafe structures panel may order repair, securing, and/or demolition of the structure upon application of the standards set forth in this article. The unsafe structures panel may modify, rescind, or uphold the decision of the building official as recited in the notice of violation. The unsafe structures panel shall modify or rescind a decision of the building official only upon a finding that the building official was in error in the interpretation or application of the building code. The unsafe structures panel shall not exceed the time frames allowed for repair and completion of buildings and structures specifically set forth in this article, except where the work involved reasonably requires such additional time. (3) A copy of the order shall be forwarded to the owner, and all interested parties by U.S. mail, and a copy thereof posted on the property. (4) If the owner or interested party fails to comply with the order of the unsafe structures panel within the time stipulated therein and such order is to repair, complete or secure the building to make safe, then the building official, or designee, shall cause such building to be vacated, if occupied; and shall through his/her employees or through a contractor enforce the order of the unsafe structures panel or building official. Buildings shall be secured with concrete block or other materials of the same durability as determined by the building official. Swimming pools shall be secured by fencing or by using another approved method as determined by the building official. For failure to comply with the order of the unsafe structure panel, which includes requesting a timely extension of time under subsection 10-101(m), as applicable, the city shall have the authority to move forward with demolition of the property structure, if so ordered by the unsafe structure panel, as it has already been deemed unsafe and in need of immediate repair. The city shall follow the process set forth through subsection (5) below. (5) If the order of the unsafe structures panel is to demolish the building or structure and to remove or salvage contents, debris and abandoned property from the premises, and the owner or those responsible shall have failed to comply with such order, then the building official, or designee, may do so. Swimming pools shall be demolished by removal of any stagnant water and any above ground parts of the structure, breaking open the bottom and filling with sand or clean fill level to the existing grade. (j) Multi-unit structures. (1) This subsection shall be applicable to all multi-unit structures. As used in this subsection, the term multi-unit structures means all townhouses and other structures which contain units divided by one or more common walls, where the structural integrity of any component unit depends upon the structural integrity of one or more other units in the same structure. In the event that the owner or other interested party fails to comply with any order of the unsafe structures panel in connection with any multi-unit structure, then in addition to any other right or remedy contained in this section, the city shall be authorized, but not required, to secure the structure in the manner set forth in this subsection. In addition, and not in derogation of the use of other methods contemplated by this section for enforcing the building code with respect to any structure, multi-unit structures may be secured by performing whatever work the building official may determine is reasonably necessary to preserve the structural integrity, water-tightness, or safety of adjacent units or the surrounding community which work may include, but no b limited to roofing, windows, and electrical. (2) The procedure for enforcement of this Code set forth above shall be in addition to, and not in derogation of, other procedures available to the building official pursuant to the building code. The provisions of this subsection are not intended to exonerate any owner or other interested party from compliance with the building code or any order of an unsafe structures panel. (k) Recovery of cost. (1) All costs incurred pursuant to any of the provisions of this section shall be paid by the owner, interested party, or occupant of the premises on which the violation occurred. (2) The building official, or designee shall file among their records an affidavit stating with fairness and accuracy the items of expense and the date of execution of actions authorized by this section. (3) Any other employee, official or agency who incurs costs while executing any provision within this article shall create an affidavit stating with fairness and accuracy the items of expense and the date of execution of actions authorized by this section. That affidavit shall be given to the building official, or designee, responsible for the unsafe structure at issue and filed among his/her records for that property. (4) The enforcing agency may institute a suit to recover such expenses against any liable person or may cause such expenses to be charged against the property on which the violation occurred as a lien or as a special assessment lien collectible according to established procedures. (5) Any lien imposed pursuant to this article shall be a lien greater in dignity to all liens, excepting IRS tax liens. (6) Liens created pursuant to this section may be discharged and satisfied by paying to the city the amount specified in the notice of lien, together with interest thereon from the date of the filing of the lien computed at the maximum statutory interest rate, together with the administrative costs, filing and recording fees and fees paid to file a satisfaction of the lien in the public records. When any such lien has been discharged, the city shall promptly cause evidence of the satisfaction and discharge of such lien to be recorded in the public records. (7) The remedies and procedures for recovery of costs provided in this article shall be in addition to and not in derogation of other provided in the building code or otherwise provided by law. (l) Unsafe structure panels. Unsafe structures panels are hereby created to conduct hearings as provided for under this section. (1) Composition. Unsafe structures panel(s) shall consist of three members from the list of panel members provided for under subsection (2). A building department representative will serve as an ex-officio, non-voting member of each panel, to act as a liaison. The ex-officio member shall not count toward a quorum of the panel. (2) Appointment of members to the unsafe structure panel. The appointment of unsafe structure panel members shall be done through a request for qualifications process or in the alternative, by agreement with Miami-Dade County, Florida and use of their vetted pool of hearing officers. The director of the building department shall not have any input into which members are designated to comprise a particular panel. The following criteria shall be used to select member of the unsafe structure panel as part of the RFQ: a. The unsafe structure panel shall consist of three members. The chair shall be required to be a Florida-licensed architect, engineer or licensed construction industry related contractor with five or more years experience. b. The available unsafe structure panel member pool shall, if possible, include at least two persons who qualify for position of chair at any given time. c. Panelists shall not be current employees of the city notwithstanding any other provision in the City Code and former city employees must be separated from the city for two or more years, having left in good standing. d. Panelists shall not be involved in the construction trade as it pertains to active business in the city from the time of application through time as part of the unsafe structure panel pool. e. All applicants will be required to provide a full financial history as part of the application process, including but not limited to sources of income and debt, as well as proof of certifications, educational background. In addition, all applicants must be able to certify that they have no prior criminal history and provide a list of any past code violations issued whether in the city or not with their outcome as it relates to personal or professional matters. f. Applicants with certification(s) in the building related trades or licensed attorneys in the state shall be given preference to appointment to the panel pool. g. The panel pool shall consist, as possible, of four general panelists and two chair panelists. h. Payment for panelists shall be consistent or greater to that as provided for in Miami-Dade County Administrative Order No. 2-5, as amended. i. Any panelist selected who fails to appear more than two times for a scheduled hearing in one calendar year shall be removed from the panel and shall not be reconsidered in future panel applications. Excused absences for emergency circumstances shall not apply. j. Each procured panel pool shall be for two-year cycles. k. Panelists must sign an affidavit attesting to having no conflict of interest in their service as an unsafe structure panelist and be in compliance with state and local ethics codes and shall participate in required yearly local ethics training. Other criteria may be considered as relevant and necessary. (3) Organization of the unsafe structures panels. a. The director of the building department may utilize one or more unsafe structures panel(s) as needed to conduct hearings. b. Quorum. Three unsafe structures panel members must be present to conduct a hearing or take any action, including a qualified chair. c. A majority vote of unsafe structures panel members present and voting shall be sufficient to overrule, modify or affirm any action or decision of the building official or to take any action within the scope of the powers and duties of the panel. d. No member of an unsafe structures panel shall sit as a voting member in any hearing on a matter in which he/she has a personal or financial interest. e. The director of the city building department, or his/her designee, shall assist the unsafe structures panel as needed, but shall have no vote. f. The director of the city building department or his/her designee may call and schedule unsafe structures hearings. g. An audio or video record shall be kept of all unsafe structures hearings and all hearings shall be public. h. All hearings shall be open to the public, and any person whose interest may be affected by the matter shall be given an opportunity to be heard in person, or through his/her attorney, or legally authorized representative. i. Witnesses may be sworn and subpoenaed by the unsafe structures panel in a like manner as they are subpoenaed by the court or courts in Miami-Dade County. j. The hearings shall be informal and need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. k. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. l. The rules of privilege shall be effective to the same extent that they are now, or hereafter may be, recognized in civil actions; and irrelevant and unduly repetitious evidence shall be excluded. m. The director of the city building department shall provide adequate and competent clerical and administrative personnel and such technical or scientific personnel as may be reasonably required by the unsafe structures panels for the proper performance of their duties, subject to budget limitations. n. The director of the city building department shall provide a regular meeting place for the panel. (4) Duties, powers of the unsafe structures panels. The unsafe structures panels and shall have the following duties, functions, powers and responsibilities: a. Hear and determine appeals from actions and decisions of the building official pursuant to the provisions of this section. b. Hear and review the application of the building official for the review of his or her action where his or her decision as indicated in a notice of violations has not been complied with. c. Affirm, modify or reverse the decision of the building official upon appeal or on application for review. d. In the event of judicial review of an unsafe structure panel order, the director of the city building department or his/her designee shall transmit the records with all exhibits, instruments, and papers of the proceedings to the reviewing authority if so requested. e. The appealing party is responsible for the production of any transcript from the hearing at issue necessary for judicial review. (5) Duties of the city attorney. The city attorney shall either be counsel to the unsafe structures panel or shall represent the city by presenting cases to the unsafe structures panel, but in no case shall the city attorney serve in both capacities. (m) Post-hearing extension of time; amnesty program. (1) Requests for extensions of time from unsafe structure panel orders. Any owner or interested party may seek an extension of the timeframes set forth in an order of the unsafe structures panel. Such request for a hearing to seek such extension must be in writing, directed to the unsafe structures panel clerk. The unsafe structures panel shall not be authorized to extend any deadline for compliance, set forth in the order, unless the unsafe structures division of the building department, unsafe structure panel clerk receives the written request for extension prior to the deadline specified in the initial order. For example, in the event the unsafe structures panel order states that a permit must be obtained within a specified period, the request for extension of the deadline to obtain the permit must be received prior to the expiration of that specified period. If the same order provides a deadline for completion of the structure, the request for the extension for the deadline of completion must be received prior to the deadline for completion, provided that the applicant has complied with the permit deadline. (2) To obtain an extension, the owner or interested party must demonstrate to the reasonable satisfaction of the unsafe structures panel that the structure that is the subject of the order is secure at the time the extension is sought and that the owner or applicant has made a good faith attempt to comply with the order which has been impeded by changed circumstances or other circumstances outside of the owner or applicant's control. As a further condition of the extension, the owner or interested party must submit in writing, together with the petition for an extension, a written timetable for compliance with the substantive provisions of the order and for completion of all necessary repairs. The unsafe structures panel shall not reconsider the order, limiting its consideration of the petition to deciding whether the grounds for an extension have been satisfied in the manner set forth in this subsection. (3) Amnesty program for single-family residence or duplex properties and pilot program for commercial properties. a. Any single-family residence or duplex properties currently in default of an order of the unsafe structure panel that was issued prior to April 15, 2022, and who has not already sought and obtained an extension of time or breach hearing, may request a one-time post-hearing extension of time or breach hearing before the unsafe structure panel if the following conditions are met: 1. Owner has made a good faith attempt to comply with the order; and 2. Owner has been impeded by changed circumstances or other circumstances outside of the owner's control; and 3. Owner has been an active participant in the process of legalizing or repairing the determined deficiencies; and 4. Owner provides, in writing, what has been done since the date of the unsafe structure panel order, a timetable for compliance of all required repairs and a Florida licensed architect or engineer has certified the safety of the structure with a letter provided to the city under seal; and 5. The date to appear before the unsafe structure panel does not insure the owner will be provided more time to repair the property structure and does not estop the city from recommending either repair or demolition of the property structure based on the facts and circumstances of the case. b. Any new purchaser of a commercial property, who purchases a property that has an order of the unsafe structure panel requiring demolition of the property structure due to the prior owner's failure to comply with the required repair timelines provided, may request a breach hearing under the following circumstances: 1. The new purchaser shall have no familial, economic, business or other related interests to any prior owner of the violating property. The sale must be an arm's length transaction. An affidavit under oath attesting to same must be provided along with the request for breach hearing; and 2. The new purchaser shall make the request for hearing, in writing, via email to the unsafe structure clerk; and 3. The new purchaser shall provide a full set of plans for the necessary scope of repairs to be reviewed by the unsafe structures section no later than 30 days before the hearing date; and 4. If a full set of plans are not provided and all other conditions are not met, the matter will be removed from the scheduled hearing agenda; and 5. This subsection shall apply retroactively to new purchasers prior to the passage of Ordinance No. 14307. (n) Judicial review. (1) Any owner or interested party aggrieved by a decision of the unsafe structures panel may seek judicial review of that decision in accordance with Rule 9.110(c) of the Florida Rules of Appellate Procedure. Accordingly, any order, requirement, decision, denial of a request for extension of time, or determination of the unsafe structures panel shall be reviewed by the filing of a notice of appeal in the circuit court appellate division of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, within 30 days of rendition of the order. (2) The use of one method of enforcement shall not preclude the use of another method of enforcement including, but not limited to, legal actions filed with the Eleventh Judicial Circuit Court whether the actions are done in a consecutive or concurrent manner. (o) Definitions. Building or structures shall be synonymous. Building code shall be the Florida Building Code, as amended from time to time. Interested parties shall be defined as stated in chapter 10 of this Code. All other definitions shall be defined as stated in chapter 10 of this Code or chapter 8 of the Miami-Dade County Code.

(Ord. No. 13295, § 2, 12-15-11; Ord. No. 13422, § 2, 12-12-13; Ord. No. 13580, § 2, 12-10-15; Ord. No. 13676, § 2, 4-27-17; Ord. No. 14085, § 2, 9-13-22; Ord. No. 14194, § 2, 7-27-23; Ord. No. 14208, § 2, 9-28-23; Ord. No. 14278, § 2, 4-25-24; Ord. No. 14307, § 2, 9-26-24; Ord. No. 14443, § 2, 2-12-26)