R5T - Require Demolition Notice, Trap Door

Ordinances - R5 T

R5 T AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE MIAMI BEACH CITY CODE, ENTITLED “BUILDING REGULATIONS,” BY AMENDING ARTICLE VII, ENTITLED “PERMITS APPLIED FOR ON OR AFTER MARCH 1, 2002,” BY AMENDING DIVISION 2, ENTITLED “DEMOLITION,” BY AMENDING SECTION 14-421 THEREOF, ENTITLED “NOTICE OF DEMOLITION TO AFFECTED PERSONS,” AND BY CREATING SECTION 14-422 THEREOF, ENTITLED “ONE-WAY TRAP DOOR INSTALLATION PRIOR TO DEMOLITION”; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Applicable Area:

COMMISSION MEMORANDUM

DATE:

RECOMMENDATION

BACKGROUND/HISTORY

ANALYSIS

This ordinance is presented on first reading at the request of the sponsor, Commissioner Laura Dominguez.

The ordinance was requested by motion of the Animal Welfare Committee at its September 23, 2025 meeting.

There has been a significant increase in the number of demolitions in recent years. The City regulates the pre-demolition process in order protect the health, welfare, and safety of City residents.

The demolition of buildings, facilities and structures may endanger pets and other animals trapped in the crawl space beneath the building unless a one-way trap door is installed at the entry point of every crawl space at least fourteen (14) days prior to any demolition to allow trapped animals to escape.

If adopted, the proposed ordinance would adjust the fine schedule for Sec. 14-421 to bring the fines into compliance with Florida state law; and would create new section 14-422 to require the installation of a one-way trap door at the entry point of every crawl space at least fourteen (14) days prior to any demolition of any building, facility and/or structure in order to allow trapped animals to escape unharmed prior to any demolition. The new section 14-422 would also include the maximum fine schedule allowed pursuant to Florida state law.

FISCAL IMPACT STATEMENT

N/A

Does this Ordinance require a Business Impact Estimate? No (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

City Attorney

Sponsor(s)

Commissioner Laura Dominguez

Co-sponsor(s)

Condensed Title

11:05 a.m. 1st Rdg PH, Trap Door to Protect Animals During Demolition. (Dominguez) CA

Previous Action (For City Clerk Use Only)

ORDINANCE NO.

AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE MIAMI BEACH CITY CODE, ENTITLED "BUILDING REGULATIONS," BY AMENDING ARTICLE VII, ENTITLED "PERMITS APPLIED FOR ON OR AFTER MARCH 1, 2002," BY AMENDING DIVISION 2, ENTITLED "DEMOLITION," BY AMENDING SECTION 14-421 THEREOF, ENTITLED "NOTICE OF DEMOLITION TO AFFECTED PERSONS," AND BY CREATING SECTION 14-422 THEREOF, ENTITLED "ONE- WAY TRAP DOOR INSTALLATION PRIOR TO DEMOLITION"; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

WHEREAS, there has been a significant increase in the number of demolitions in recent years; and

WHEREAS, the City regulates the pre-demolition process in order protect the health, welfare, and safety of City residents; and

WHEREAS, the demolition of buildings, facilities and structures may endanger pets and other animals trapped in the crawl space beneath the building unless a one-way trap door is installed in every crawl space at least fourteen ( 14) days prior to any demolition to allow trapped animals to escape; and

WHEREAS, the Mayor and City Commission desire to adjust the fine schedule for Sec. 14-421 to bring the fines into compliance with Florida state law; and

WHEREAS, the Mayor and City Commission desire to create new section 14-422 to require the installation of a one-way trap door in every crawl space at least fourteen ( 14) days prior to any demolition of any building, facility and/or structure in order to allow trapped animals to escape unharmed prior to any demolition.

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM BEACH, FLORIDA:

SECTION 1. That Chapter 14, "Building Regulations," Article VII , "Permits Applied for on or after March 1, 2002," Division 2, "Demolition," Section 14-421 , "Notice to demolition to affected person," of the Code of the City of Miami Beach is hereby amended and Section 14-422, "One-Way Trap Door Installation Prior to Demolition," is created , as follows:

Sec. 14-421. Notice of demolition to affected persons.

(a) Prior to demolition of any building, facility or other structure, consisting of three or more stories, the contractor or property owner of the site seeking demolition shall be required to provide written notice, by regular United States mail, to all affected persons, calendar days prior to the start of work to demolish such building, facility or other forty-five, for wh ich a city demolition permit is required.

(b) For purposes of this section, an "affected person" shall be defined as any property owner, and the current occupant of any property_within a 750-foot radius of the address stated on the city demolition permit. Moreover, the affected person shall be the taxpayer as reflected in the certified real property ad valorem tax roll of Miami-Dade County no less than six months from the date of notice; provided however, where the records of the Miami-Dade County Property Appraiser indicate that ownership has changed , the owner shall be the taxpayer as reflected in those records.

(c) The mail notice shall include the anticipated starting date and completion date of the demolition work; the address at which the demolition work will be performed; and the contact information of the contractor or other person performing the demolition work. The contractor or property owner shall be required to pay all costs associated with such notice.

In addition to the mail notice to affected persons required by this section, the contractor or property owner shall notify an authorized representative of the property management company as well as each member of the Board of Directors of any condominium association for each building, facility or other structure within the 750-foot radius by email, text messaging, or other written communication, to the ensure transparency and accountability.

(d) At least forty-five days prior to the commencement of work for demolition, contractor or the property owner shall also post notice on every street frontage of the demolition site in a location visible from the public right-of-way. The posted notice shall be a minimum dimension of 11 inches by 17 inches. The contractor or property owner shall be required to pay all associated costs relating to the posted notice. The posted notice shall read substantially as follows:

Date:

DEMOLITION NOTICE for [(a) address of site to be demolished; (b) folio number; (c) legal description of the property]. The building or structure referenced above is to be DEMOLISHED ON _ _ _ (Date).

Number of stories to be demolished:

Any affected person should contact the contractor or property owner:

Name of Contractor:

Phone number of Contractor:

Email address of Contractor:

Or

Name of Property Owner

Phone Number of Property Owner:

Email Address of Property Owner:

The beginning of work to demolish a building, facility or other structure for which a permit is required under the City of Miami Beach Code shall be on (date), and end (date).

The following roads may be closed : (list).

The following additional buildings shall be vacated for safety purposes: (list).

(e) The contractor or property owner shall be required to pay all associated costs relating to the mail notice.

(f) Simultaneously with issuing the mail notice required in subsection (a) hereof, the contractor or property owner shall provide an affidavit to the building official swearing or affirming, under oath, to having mailed out the notice of demolition required herein. The affidavit shall affirm, in substantial form, the following:

"This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within 750- foot radius of the external boundaries of the subject property to be demolished, and to all occupants of properties within the 750-foot radius. This notice reflects the most current records in the file in the Miami-Dade County Property Appraiser's office. The information utilized herein is no more than six (6) months old from the date of the notice of demolition."

(g) Enf.orcement: Violations by a contractor or property ovmer of this section shall be subject to the f.ollowing fines. The special magistrate may not ,,..,aive or reduce fines set by this section.

(1) If the violation is tho first violation: $2,500.00;

(2) If the 1 .iiolation is the second violation within tho preceding 18 months: $7,500.00;

(3) If tho violation is the third violation •nithin tho preceding 18 months: $12,500.00; and

(4) If the violation is the f.ourth or greater violation within tho preceding 18 months: $20,000.00.

Enforcement and Penalties. Any person who violates any provision of this section shall be subject to the following civil fines:

1. $1,000.00 per day for a first offense;

2. $5,000.00 per day for a second or subsequent offense; and

3. $15,000.00 for any violation determined by the special magistrate to be irreparable or irreversible in nature.

Sec. 14-422. One-Way Trap Door Installation Prior to Demolition.

(a) Prior to demolition of any building, facility or other structure, the contractor or property owner of the site seeking demolition shall be required to install a one-way trap door in every crawl space entry point at least fourteen (14) days prior to any demolition of any

building, facility and/or structure in order to allow trapped animals to escape unharmed prior to any demolition.

(b) This section shall not apply to any demolition ordered by the building official on an emergency basis.

(c) Enforcement and Penalties. Any person who violates any provision of this section shall be subject to the following civil fines :

1. $1,000.00 per day for a first offense:

2. $5,000.00 per day for a second or subsequent offense: and

3. $15,000.00 for any violation determined by the special magistrate to be irreparable or irreversible in nature.

SECTION 2. REPEALER.

All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed.

SECTION 3. SEVERABILITY.

If any section, subsection, clause, or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity.

SECTION 4. CODIFICATION.

It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended: that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word.

SECTION 5. EFFECTIVE DATE.

This Ordinance shall take effect ten days following adoption.

PASSED and ADOPTED this _ _ day of _ _ _ _ _ _ _ , 2025.

ATTEST:

Steven Meiner, Mayor

Rafael E. Granado, City Clerk

(Sponsored by Commissioner Laura Dominguez)

Underline denotes additions Strikethrough denotes deletions Double underline denotes additions after First Reading Double strikethrough denotes deletions after First Reading APPROVED AS TO FORM & LANGUAGE & F=r~., ,,=CUTION

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