HomeMy Public PortalAbout15-12 TO ADDRESS DESIGNATION OF BUILDINGS AS UNFIT FOR HUMAN HABITATION 1st Reading: May 27, 2015
2°d Reading: June 24, 2015
Public Hearing: June 24, 2015
Adopted: June 24, 2015
Effective Date: June 24, 2015
Sponsored by: Commissioner Pinder
ORDINANCE NO. 15-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA AMENDING CHAPTER 7.73 OF THE CITY CODE
TO ADDRESS DESIGNATION OF BUILDINGS AS UNFIT FOR HUMAN
HABITATION; OWNER'S DUTY TO RELOCATE; TENANTS' RIGHTS;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIING FOR
CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Opa-locka, Florida has experience a number of housing
emergencies in recent months;
WHEREAS, the City of Opa-locka desires to create a method to deal with housing and
other disasters that render housing unfit for habitation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCK,FLORIDA AS FOLLOWS:
Section 1. The recitals and preambles herein are incorporated by reference.
Section 2. Section 7-73 of the Code of the City of Opa-locka, Florida is hereby
amended as follows:
Sec. 7-73. - Emergency cases.
In cases where it reasonable appears that there is immediate danger to the life or safety of
any person, unless a dangerous building as defined herein is immediately repaired, vacated or
demolished, the director shall report such facts to the board and the board shall cause the
immediate repair, vacation or demolition of such dangerous building. The costs of such
emergency repair, vacation or demolition of such dangerous building shall be collected in the
same manner as provided in this article.
Sec. 7-73.1 - BUILDINGS UNFIT FOR HUMAN HABITATION
Sec. 7-73.1 - Designation of buildings as unfit for human habitation; placarding of unfit
buildings; condemnation of unfit buildings.
Ordinance No. 15-12
(a) The designation of buildings as unfit for human habitation and the procedure for
condemnation and placarding, as unfit for human habitation, of such unfit buildings shall be
carried out in compliance with the requirements of subsections (b)—(g) of this section.
(b) Any building found to have any of the following defects shall be designated by the Building
Official as unfit for human habitation in response to a city code compliance officer's
inspection and recommendation and the building shall be so placarded:
(1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested
that it creates a serious hazard to the health or safety of the occupants or of the public.
(2) One which lacks illumination, ventilation or sanitation facilities adequate to protect the
health or safety of the occupants or of the public.
(3) One which, because of its general condition or location, is unsanitary, or otherwise
dangerous to the health or safety of the occupants or of the public.
(c) Any building declared unfit for human habitation by the enforcing agency shall be so
designated by posting a placard in a conspicuous place on the structure.
(d) A building condemned and placarded as unfit for human habitation shall be vacated within
30 days as ordered by the enforcing agency and shall not be used for occupancy again until
written approval is secured from, and the placard removed by, the enforcing agency. The
enforcing agency shall order the removal of the placard whenever the defect upon which the
condemnation and placarding actions were based, have been eliminated.
(e) No person shall deface or remove the placard from any building condemned as unfit for
human habitation and placarded as such, except as provided in subsection (d) of this section.
(f) Any person whose property has been placarded as unfit for human habitation may request
and shall be granted a hearing on the matter before the special master of the city in
accordance with the procedures set forth in section 2-570.1 to 2.570.44.
fg) Where the code compliance officer determines that a building is an unsafe building within
the provisions of the South Florida Building Code, he shall immediately report the matter to
the city building official
Sec. 7-73.2. - Owner's duty to relocate residents.
(a) Within 24 hours from the time an occupied building is declared unfit for human habitation
and placarded, the owner shall make all necessary arrangements to relocate the residents in
the building into comparable housing that is safe, sanitary and secure and pay the expenses
involved in such relocation.
(b) If the owner shall fail to take the necessary steps to provide for the relocation of displaced
residents, and city personnel will be empowered to assist in the relocation, the owner shall
pay all expenses incurred by the city,payment to occur within seven days from receiving an
itemization of expenses incurred in the relocation.
(c) If the owner shall fail to pay city-incurred expenses, a lien against the realty and personality
of the owner shall be filed in the public records of the county and shall be of a dignity equal
to liens filed for ad valorem taxation. This lien shall carry an interest rate at the maximum
Page 2
Ordinance No. 15-12
rate provided by F.S. § 687.02. Upon foreclosure of the lien, the city shall be entitled to
attorney fees and costs.
Sec. 7-73.3. - Tenants'rights to present grievances.
(a) Any tenant or group of tenants may at any time submit in oral or written form a list of
grievances to the landlord, his agents, or to any proper governmental agency concerning the
management, the physical conditions, or operation of the rental unit or units.
(b) The management of any rental unit complained against or criticized shall not coerce,
retaliate or discriminate in any manner against a tenant or tenant group because of
participation in the presentation of a grievance or complaint.
(c) It shall be unlawful for any person to willfully and knowingly initiate any complaint under
the provisions of this section without probable cause and for the purpose of harassment.
Secs. 7-73.4-7-73.20 - Reserved.
Section 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are
hereby appealed.
Section 4. SEVERABILITY. If any portion, section, phrase or clause of this
Ordinance is held invalid by a court of competent jurisdiction, such ruling shall not affect the
validity of the remainder of this Ordinance.
Section 5. CODIFICATION. This Ordinance shall be codified in the Code of
Ordinances when the code is re-codified.
Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become
effective immediately.
PASSED AND ADOPTED this 24th day of June, 2015.
Y' at TA LOR
MAYOR
Page 3
Ordinance No. 15-12
Attest to:Joan . Flores Vincent. T. Brown, Esq.
City Clerk The Brown Law Group, LLC.
City Attorney
Moved by: COMMISSIONER SANTIAGO
Second by: COMMISSIONER KELLEY
Commission Vote: 4-0
Commissioner Kelley: YES
Commissioner Pinder: NOT PRESENT
Commissioner Santiago: YES
Vice-Mayor Holmes: YES
Mayor Taylor: YES
Page 4
MIAMI HERALD I MiamiHerald.com ND SUNDAY,JUNE 14,2015 I 7ND
OPA-LOCKA 1.
Workweek reduction weighed t
CITY OF OPA-LOCKA,FLORIDA
•MEETING,FROM 3ND •Administrative poll- pal Advisory Committee,
cy:The commission con- the commission approved NOTICE TO THE PUBLIC
support the item,but could sidered the second reading conducting a study to look NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will hold public
not because he didn't feel of an ordinance to adopt and into die committee's request hearings at its Regular Commission Meeting on Wednesday,June 24,2015 at 7:00 p.m.in the Auditorium
comfortable implementing update administrative regu- for an expansion of at Sherbondy Village,215 President Barack Obama(Perviz)Avenue,Opa-nocka,Florida to consider the
nations.After hearing following items:
something he did not have aring resi- boundaries"
ample time to review.In lieu dents'comments on the SECOND READING ORDINANCES/PUBLIC HEARING:
of deferring the resolution, item that the new policy YOU SAID IT
string might y AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
the commission voted to g potentially violate The only way North TO CONSIDER ADOPTING THE CITY OF OPA-LOCKA HUD COMMUNITY GRANT-BASED
amend it to study the cost ef union rnntracts,among otii- Dade can become a �p USE MAPS KNOWNHAS THE SUSTAINABLE OPA-LOCK4 201 0NCDOMPREHE SINE
fectivenes5 of reducing em- ere issues,Baker deferred the part of a municipality that PLAN, AND AUTHORIZING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA
ployee hours.The motion Vote until next month' offers the best hope for eco- DEPARTMENT OF ECONOMIC OPPORTUNITY AND TO OTHER REVIEW AGENCIES (FIRST
was approved 5-0. •Voluntary Early Re- nomic advancement if is we READING HELD ON MAY 27,2015).
OTHER BUSINESS tirement Program:Baker become a part of Opa- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OFOPA-LOC'KA,FLORIDA,AMF.NDNG
again proposed implement- locks."_E Louis Burnside, CHAPTER 7.73 OF THE CITY CODE TO ADDRESS DESIGNATION OF BUILDINGS AS UNFIT FOR
•Mayor's Financial ing a nonbudgeted early re- resident and r'hair of the an- HUMAN HABITATION;OWNER'S DUTY TO RELOCATE;TENANTS'RIGHTS;PROVIDING FOR
Task Force:The mayor's tirement program for quail- nexation steering commit- INCORPORATION Y AND RECITALS;PROVIDING FOR FO CONFLICT EFFECTIVE ANR. DATE;(FIRST PROVIDING FOR
task force led by Opa-locks Eying employees to be fund- tee for North Central Dade HBLD GN MAY 27,2015).
resident Steven Barrett did ed by approximately about Opa-locka's consider-
not present any recommen- $200,000 of the city's water ation of the annexation. Additional information on the above items may be obtained in the Office of the City Clerk,3400 NW 135'
dations to the commission" and sewer reserves.The Street,Bldg.B,Opa-locks,Florida.All interested persons are encouraged to attend this meeting and will be
Instead the team asked to commission approved the THE NEXT MEETING heard with respect to he public hearings.
postpone their presentation item unanimously. •When:7 p.m.June 24 PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency,or commission with
until Monday while they •Annexation:After a •Where:Sherbondy VU- respect to any matter considered are such meeting or hearing will need a record of the proceedings,he and f r that reason,may
need to ensure that a herbased record of the proceedings is made,which record includes the testimony and evidence upon
finish reviewing the city's public presentation by the lags Auditorium,215 Perviz which the appeal may be based
finances. North Central Dade Munici- Ave. JOANNA FLORES,CMC
CITY
'
\ . CLERK
M
Miami Gardens s '7.7'7".::: .17,4,„4„..4.
y a 4 t 7< r PUBLIC HEARING ADVERTISE
MENT
" *p
t"`' ` ... w ,. �t- :1 r; Wednesday,June 24,2015 at 7:00 PM
,4 City Hall,City Council Chambers
18805 NW 27th Avenue
an; Miami Gardens,FL 33054
neighborsO4neighbors APPLICANT:Housing Developmenl LLC
�""`" . PROJECT NAME:Single Family Home
PROJECT LOCATION:2760 NW 167 TER—(See Map Below)
An outpouring of support ..
1
What a great community!Following a CBS4 story about Arthur Woods,a disabled
Veteran whose bike was stolen on Memorial Day,dozens of people called and
offered to help.Thanks to our generous donors for the notes of encouragement
See the story and the wonderful results on our website. ,v
Hitting the high notes
Don't miss SINGING WITH THE STARS,taking place on Friday,June 19 at
Hard Rock Café inside the Seminole Hard Rock Hotel and Casino. Mingle with --your favorite CBS4 personalities,while supporting Neighbors 4 Neighbors'efforts Purvese:Nonuse yaw.of Section 04-542 to allow 50'la frontage were 75'nwirnu r a requited and ll wee of 5,250 SF when 7,500 SF mninan a mired.
to support those moving from homelessness to home;buy school supplies for REQUEIIEDACTIDN.ro ADOPT THE THE FOLLOWING
A RESOLUTION O F C I T Y OF THE CITY OF MIAMI GARDENS,FLORIDA,APPROMNG THE APPLICATION SUBMITTED BY HOUSING DEVELOPMENT
students in need,and continue to connect those in need with those who can help. LLC,FOR THAT CERTAIN PROPERTY LOCATED AT 27830W 167 TERRACE,MORE PARTICULARLY DESCRIBED ON EXHIBIT"A'ATTACHED HERETO,FOR A
Details at eVWU;,t7Cighbors4nef ghi70(S.OrCJ NON-USE VARIANCE OF SECTION 5A3420F THE CITY'S VWDDEVELOPMENT CODE TO ALLOW A 50 FEET LOT FRONTAGE WHERE A 75 FEET MINIMUM LOT
FRONTAGE IS REQUIRED;AND TO ALLOW A 5,250 SQUARE FEET LOT AREA WHERE A 7,5011 SQUARE FEET MINIMUM LOT AREA IS REQUIRED.PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING AN EFFECTIVE DATE.
That time of year A4 persons are ended to attend and to speak al pair hearings The courts have ruled that d is irnpupe,In contact a Count,mrMe,axWM14.1 y,niche+orauy at
Hurricane season has begun. Check out the CBSMiami website for helpful tips on S 'e6arf an be inspected in
preparation.
(� Said renirtcn can be inspected in the Oh Clerks IXSCe,Monday-Furey during regular office hours.
prepare lion. Inquires concealing these airs should be drooled to the City Managers Office al 505.914-9010.
Article Vi of Ihe City of Warm gardens Code entitled'latbyld',rWdree al lobbylnb before ngagd,g In any lobbying ActMgee to register with the City
Call Neighbors 4 Neighbors at 305.597.4404 Clerk and pay en mud lee of 1750.00.The apple to all paean who re*Wned(whether PM or nil to opnenta buernardy or orgedulbn to
visit wwW.n@i hbors4ne' hbors. v�� Influence M.allots roller action le broadly Matted to!Mode theranking and election ofprofeesiomt conwlanb,nddrtualydLgbwve,rna1-
g 19 org or watch N>r/fi and we for more. ludklel end admeietratve action All not-tor-profit agadralar,local chamber and merohad groups,homeowner xaodnaa,a node mooedana and
i. Won mud ago NOM/however an annual*le not nqulred.
A Committal/Service of EhrHlinmillesaie fif in partnership with CBS4 In accoNaroe with the Meows Wkh Geabidles Act of 1990,all perms who ae dashed and who need specie accommodations to participate in the mating
y�� ` because of that esabihyalgJd contact Rosetta Taylor,MMC.ON perk Q05)914-9129,not tater than 46 hours poor to such pmgadng.TW No.t'000-955.8771
III PHI R1 VS HIM AIR ik
--- �ervVewla A person who derides to appeal any decision made by any bond,verbatim word council with respect to any matter constOged at this meeting a twang,oil need a
retard of the to proceedngs.S,eh perm may need to ensure that a verbatim record of the proceedings is made,including the tesimony and engem upon which
the appeal is to be based