General Administrative Order 25-01: Extension of Time

WHEREAS, the Unsafe Structure Panel ("Panel"), having been apprised by its Counsel and Counsel for the City of Miami, Florida of a recent surge in requests for hearing dates regarding timely requests for extensions of time issued Panel Orders; and

WHEREAS, the Panel is a quasi-judicial body authorized under Section 10-101 of the Code of the City of Miami, Florida, as amended (the "City Code"); and

WHEREAS, the Pane! protects the health, safety, and welfare of citizens in the community by ensuring that all construction performed in the City is completed in accordance with the Florida Building Code and ensuring that existing buildings are recertified in accordance with subsection 8-11 (f) of the Miami-Dade County Code of Ordinances; and

WHEREAS, the Panel issues quasi-judicial orders that require property owners to correct violations of the Florida Building Code, the Miami-Dade County Code of Ordinances and the City Code after having been found in violation after hearing; and

WHEREAS, properties found in violation are issued orders by this Panel and such orders, if not requiring immediate demolition, may provide for a three (3) tiered timeline for compliance; and

WHEREAS, the first phase requires the property owner to submit plans to the Unsafe Structure Division ("Unsafe") that meet the basic scope of work necessary to comply the pending violation as it is known; and

WHEREAS, per the Panel, until the Unsafe staff determines the plans submitted meet that basic scope of work, no plans may be uploaded into the City's iBuild permit processing program for approval; and

WHEREAS, once the plans submitted are deemed to meet the basic scope of work and uploaded, the first phase is deemed complied with; and

WHEREAS, the second phase requires the plans to be fully approved by all required disciplines as well as the permit fee being paid in full and permit being issued; and

WHEREAS, phase two is not complied until the above criteria are met; and

WHEREAS, the third phaserequires all work and inspections to be completed, the final fees, including any Unsafe fees, to be paid in full and the permit is finalized in iBuiId; and

WHEREAS, phase three is not complied until all the above criteria has been met; and WHEREAS, until all phases as ordered are completed, a property owner is not in compliance; and

WHEREAS, should a property owner need to extend any one of the ordered phase deadlines, they may do so prior to the expiration of that deadline pursuant to Section 10-101 (m) of the City Code, unless the Panel order provides otherwise; and

WHEREAS, because the Panel is aware of the number of timely requests being processed and to efficiently run its hearings, the Panel will allow the property owner and City to make an agreed recommendation as to a new set of deadlines for any outstanding phases; and

WHEREAS, the Panel wishes to allow a property owner to execute a verified waiver agreement subject to the penalties of perjury pursuant to, Florida Statutes 92.525, to allow an agreed extension of time order to be entered without their presence at an extension of time hearing; and

WHEREAS, the language used in the waiver template shall be reviewed and approved by both the attorney for the Panel and Office of the City Attorney; and

WHEREAS, this waiver will only be executed if both the property owner and the City agree as to the new extension of the deadlines for all remaining phases; and

WHEREAS, if the property owner and City cannot agree on new compliance deadlines, then an extension of time will be provided only after a full hearing in the normal course before the Panel; and

WHEREAS, no property that was ordered demolished by the Panel shall be eligible for this waiver; and

WHEREAS, no property that has breached a prior order of the Panel, but given a new order to comply the violations and who is without a process number from iBuild will be eligible for this waiver; and

WHEREAS, no property for which the Building Official, or Designee, determines the nature of the violation and case requires an in-person extension of time hearing shall be eligible for the waiver; and

WHEREAS, the Panel reserves the right to reject or deny the agreement and waiver and require a full hearing on the request for extension of time; and

WHEREAS, if the Panel rejects or denies the agreement reached by waiver, the property owner will be notified via their provided email of the rejection/denial and advised that an in-person hearing before the Panel will be scheduled; and

WHEREAS, this Administrative Order may not be used to construe any additional obligations upon the City of Miami, Florida; and

WHEREAS, the permitting process itself is governed by the Florida Building Code and any permit processed is a license, not an absolute right (Section 105.4, FBC); and

WHEREAS, after careful consideration and input, the Panel determines that the following criteria must be met in order for a property owner to consent to the City's recommendation for additional time:

1 . A timely request for extension of time prior to the expiration of a phase deadline of an order; and

  1. Only a property owner shall be allowed to sign the waiver and agreement to be presented to the Panel; and
  2. No person may sign the waiver in the stead of the owner irrespective of whatever documentation provided unless the current owner is incapacitated as a matter of law; and
  3. No waiver shall be permitted for any property that was ordered demolished by the Panel, all such cases shall have to appear for hearing; and
  4. No waiver shall be permitted for a property with a prior breach order and is now traveling under a new order, unless they have an active iBuild process number or permit, all such cases shall have to appear for hearing; and
  5. All waivers shall state with specificity the amount of time to be granted for each remaining phase; and
  6. All properties in phase three with active permits and inspections being called shall be eligible irrespective of past breaches of a Panel order for extension; and
  7. The Panel reserves the right to reject any waiver and require an in-person hearing for any case at issue; and

A copy of the waiver template shall be attached to this Administrative Order.

 

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