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Home My Public Portal AboutLTC 115-2021 - Attachment - Recent Actions 10185 Collins AvenueNOTICE OF VIOLATION DATE: August 10, 2021 Bal Harbour Village 655 96th Street Bal Harbour, FI. 33154 305-865-7525 Violator: Plaza of Bal Harbour Condo Owner: Plaza of Bal Harbour Condo Mailing Address:10185 Collins Ave Bal Harbour, Fl. 33154 Case Information: Case No: 21-1054 Property Address:10185 Collins Ave Violation Type: Unsafe Structure Mailing Address: 10185 Collins Ave Bal Harbour, FL. 33154 Date Inspected: 06/30/2021 Folio#: 12-226-029-0001 NOTICE IS HEREBY GIVEN THAT based upon an inspection of the subject property located at 10185 Collins Ave (the "Property"), the Building Official has determined that the structure(s) and/or building(s) located therein meet the physical criteria for an unsafe structure pursuant to Section 8-5 and 8-11 of the Miami -Dade County Code. The nature of the defects constituting a violation of Section 8-5 and 8-11 of the Miami -Dade County Code which exist on the Property are as follows: 1. The building or structure is subject to the recertification requirements in Section 8-11(f), Miami -Dade County Code, and the owner has failed to timely respond to the Notice of Required Inspection or failed to make all required repairs or modifications found to be necessary resulting from the recertification inspection by the applicable deadline. Section 8-5(a)(6), Miami -Dade County Code. 2. There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material. Section 8-5(b)(2)(i), Miami -Dade County Code. 3. The electrical or mechanical installations or systems create a hazardous condition contrary to the standards of the Building Code. Section 8-5(b)(2)(v), Miami -Dade County Code. 1 10185 Collins Ave — Case # 20-1054 4. Miami Dade County Chapter 8-11(a) EXISTING BUILDINGS: The requirements contained in the Florida Building Code, covering the maintenance of buildings, shall apply to all buildings and/or structures now existing or hereafter erected. All buildings and/or structures and all parts thereof shall be maintained in a safe condition, and all devices or safeguards that are required by the Florida Building Code shall be maintained in good working order. Electrical wiring, apparatus and equipment, and installations for light heat or power and low voltage systems as are required and/or regulated by the Building Code, now existing or hereinafter installed, shall be maintained in a safe condition and all devices and safeguards maintained in good working order. NOTE: Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. Section 105.1, Florida Building Code. I Building (Y Electrical 1` Plumbing r Mechanical The specific details concerning these violations can be obtained in writing from the Building Official upon request. ACTIONS REQUIRED FOR COMPLIANCE This property has not submitted the required recertification inspection since 2015. You must take the following actions: 1. Within 24 hours from the date of this Notice, submit a written opinion from a Structural (Threshold) Professional Engineer certifying that the building or structure may continue to be used in its existing condition while the recertification report and any required repairs are being completed. 2. Submit by September 2, 2021 to the Building Official a recertification report from a Florida engineer, certifying that the building or structure is structurally and electrically safe, or has been made structurally and electrically safe for the use and continued occupancy, in conformity with the minimum inspection procedural guidelines as issued by the Miami -Dade County Board of Rules and Appeals. 3. All permits to repair or demolish the structure must be obtained within 10 days from the date of this Notice. 4. Compliance with the Florida Building Code must be achieved within 100 days from the date of this Notice. Unless there is compliance with the instructions herein, a case will be commenced before the Unsafe Structures Board or an Unsafe Structures Appeal Panel after the time for compliance has expired to secure an order for demolition of the building or structure or to obtain any other appropriate remedy. The time periods set forth in this notice may be extended by the Building Official. Application for the extension must be made in writing by the interested party to the Building Official prior to the expiration of the period allowed for compliance, and shall set forth to the reasonable satisfaction of the Building Official 2 10185 Collins Ave — Case # 20-1054 that the extension is warranted by one or more of the following circumstances: (i) The interested party has a demonstrated financial hardship that will prevent the interested party from completing a building or structure; (ii) The interested party has filed a completed zoning hearing application which affects the final completion of the building or structure and which zoning hearing request has not received final approval or rejection from the applicable governmental agency, excluding any or all appeals to Court, for circumstances outside of the control for the interested party; (iii) The building or structure is a multiple dwelling structure as defined in the Building Code and demolition of any unit comprising that structure compromises the structural integrity of the entire multi -unit structure, where the completion of the structure is outside of the control of the interested party; (iv) The building or structure is the subject of pending litigation or foreclosure action that renders it impossible for the building or structure to be completed; (v) The building or structure is the subject of a good faith insurance claim, the proceeds of which are intended to be utilized for repair and completion; (vi) The building or structure is the subject of a pending sale to be closed within a reasonable time from the date the extension is requested, where the buyer has executed a written commitment to the Building Official to complete the structure within the applicable extension period. The written application for extension shall further represent to the Building Official that the building or structure is and has at all times been in full compliance with all of the foregoing conditions. RIGHT OF APPEAL The owner or anyone having an interest in a building or structure which has been determined to be unsafe, and concerning which a Notice of Violation has been served by the Building Official, may appeal the decision of the Building Official as stated in the Notice of Violation. The appeal shall be in writing and addressed to the Secretary of the Unsafe Structures Appeal Panel, and submitted to the Miami -Dade County Department of Regulatory and Economic Resources, Permitting and Inspection Center, Unsafe Structures Unit, 11805 SW 26 St, Room 230, Miami, Florida 33175. Such appeal must be filed within 30 days from the date of mailing of the Building Official's written notice. Unless the Building Official's decision is appealed, the building or structure shall be demolished without further notice. Recovery of costs: A lien resulting from any costs incurred by the Village to correct the violation shall be recorded against the subject property and shall constitute a special assessment lien pursuant to Section 170.201, Florida Statutes, and is superior in dignity to all other liens except those for taxes, until paid. A special assessment lien shall be enforced by any method authorized by law, This notice is filed pursuant to Section 8-5 of the Miami -Dade County Code and, upon recording in the public records of Miami -Dade County, shall constitute constructive notice of the violation and the accruing costs to all concerned, subsequent purchasers, transferees, mortgagees, lessees, grantees and all persons claiming or acquiring interest in the property. ELIEZER PALACIO, BUILDING OFFICIAL Received By: Signature: Printed Name: �� Posted By Name: Date: 3 10185 Collins Ave — Case # 20-1054 An<<ser $,/iOhz/