Administration, enforcement, violations, and penalties

(a)

Ordinary maintenance and repair. Nothing in this article shall be construed to prevent or discourage the ordinary maintenance or repair of any structure when such maintenance or repair does not constitute an alteration, or to prevent the ordinary maintenance of landscape features.

(b)

Enforcement of maintenance and repair provisions. When the board or preservation officer determines that any designated property is endangered by lack of maintenance and repair, or that any other property in visual proximity to a designated property lacks maintenance and repair to such an extent as to detract from the character of the designated property, the board or officer may request appropriate officials or agencies of the city to require correction of such deficiencies under authority of applicable laws and regulations.

(c)

Unsafe structures. In the event the building official of the city determines that any designated property is unsafe pursuant to chapter 8.5 of the Code of Miami-Dade County, Florida, as amended, he/she shall immediately notify the board with copies of such findings. Where reasonably feasible within applicable laws and regulations, the building official shall endeavor to have the structure repaired rather than demolished and shall take into consideration any comments and recommendation of the board. The board may take appropriate actions to effect and accomplish preservation of such structure, including, but not limited to, negotiations with the owner and other interested parties, provided that such actions do not interfere with the procedures in chapter 8.5 of the Code of Miami-Dade County, Florida, as amended.

(d)

Emergency conditions. For the purpose of remedying emergency conditions determined to be imminently dangerous to life, health, or property, nothing contained herein shall prevent any temporary construction, reconstruction, demolition, or other repairs to a designated property, pursuant to an order of a government agency or a court of competent jurisdiction, provide that only such work as is reasonably necessary to correct the emergency condition may be carried out. The owner of structure damage by fire or natural calamity may stabilize the structure immediately and rehabilitate it later under the provisions of this chapter.

(e)

Enforcement. The building department and the code inspectors as defined in section 2-813 shall assist the board by making necessary inspections in connection with the enforcement of this chapter. The building department shall be responsible for promptly stopping any work attempted to be done without or contrary to any certificate of appropriateness required under this article; and shall further be responsible for ensuring that any work not in accordance with a certificate of appropriateness is voluntarily corrected to comply with said certificate.

(f)

Violations and penalties. Any person who carries out or causes to be carried out any work in violation of this article shall be required to restore the locally designated property either to its appearance prior to the violation or in accordance with a certificate of appropriateness approved by the board. The following procedures shall govern:

(1)

Referral to preservation board. The building department and code inspectors as defined in section 2-813 shall refer all violations to the board, unless such violation is voluntarily corrected to comply with a previously issued certificate of appropriateness.

(2)

Preservation board public hearing. The board shall conduct public hearing with notice as set forth in this chapter.

(3)

Decision of preservation board. The board shall make findings based upon the provisions of this section and the guidelines set forth in this article and shall take one of the following actions:

a.

Reaffirmation of a previously issued certificate of appropriateness;

b.

Issuance of an amended special certificate of appropriateness with specified modifications and conditions; or

c.

Issuance of a new special certificate of appropriateness with specified conditions.

The board may specify a reasonable limitation of time within which the work authorized by the certificate of appropriateness shall be commenced or completed, or both. Appeals of any decision of the board related to certificates of appropriateness shall follow the same procedures as set forth in subsection 23-6.

(4)

Referral to code enforcement board. If the work authorized by any certificate of appropriateness issued pursuant to this article is not commenced and/or completed within the time specified, or if a subsequent violation of a certificate of appropriateness issued pursuant to this section is found, the building department or code inspectors as defined in section 2-813 shall initiate enforcement proceedings before the code enforcement board pursuant to the provisions of section 2-814. This remedy shall be in addition to and not in lieu of any criminal or civil prosecution and penalty that may be provided.

(g)

Conflicts. Where there are conflicts between the requirements of this chapter and provisions of the zoning ordinance or other codes covering the same subject, the most restrictive requirements shall apply.

(h)

Application equally to private parties and public bodies. The provisions of this chapter shall apply equally to plans, projects, or work executed or assisted by any private party, governmental body or agency, department, authority, or board of the city, county, or state.

(Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13676, § 2, 4-27-17)