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Ordinance 2008-304
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Ordinance 2008-304
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Last modified
7/1/2010 9:42:40 AM
Creation date
6/12/2008 5:04:31 PM
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CityClerk-Ordinances
Ordinance Number
2008-304
Date (mm/dd/yyyy)
05/15/2008
Description
Vacant Property Registry Maintenance Code
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<br />Section 2. Definitions. Unless otherwise expressly stated, the following terms will, for the <br />purpose of this article, have the meanings indicated in this section: <br /> <br />BUILDING- Any structure occupied or intended for supporting or sheltering nay <br />occupancy. <br /> <br />BOARDED BUILDING- A building which has had, in a manner intended to be <br />temporary or permanent, any or all openings, which openings are windows or doors <br />which were present for the purpose of light, ventilation or egress, some material <br />whether opaque, solid or transparent, affixed to such openings, from the interior or <br />exterior of the building, for the purpose of securing or preventing access or damage to <br />the building or its components. <br /> <br />ENFORCEMENT OFFICER- Any duly authorized City of Sunny Isles Beach employee <br />of the Building Department, Code Enforcement Department or designated representative <br />of the City Manager. <br /> <br />OWNER- The person, or entity shown to be the owner or owners on the records of the <br />Miami-Dade Property Appraiser, those identified as the owner or owners on vacant <br />building registration form, a mortgagee in possession, a mortgagor in possession, <br />assignee of rents, receiver, executor, trustee, lessee, other person, firm or corporation <br />in control of the premise. Any such person will have joint and several obligations for <br />compliance with the provisions of this article. <br /> <br />SECURED BY OTHER THAN NORMAL MEANS - A building secured by means <br />other than those used in the design and approved plans for the building. <br /> <br />UNOCCUPIED- A building or portion thereof which lacks the habitual presence of <br />human beings who have a legal right to be on the premises, including buildings ordered <br />vacated by an enforcement officer. In determining whether a building is unoccupied, the <br />Enforcement Officer may consider these factors, among others: (i) whether lawful <br />residential or business activity has ceased; (ii) whether more than 50% of the overall <br />square footage of the space is unoccupied; (iii) the building is substantially devoid of <br />contents or the minimal value of fixtures or personal property in the building; (iv) the <br />building lacks utility service (v) the building is subject to a foreclosure action and/or (vi) the <br />presence of code violations. <br /> <br />UNSECURED- A building or portion of a building which IS open to entry by <br />unauthorized persons without the use of tools or ladders. <br /> <br />VACANT BUILDING- A building, a portion of a building, or a structure which is any <br />one or more of the below: <br /> <br />(a) <br />(b) <br /> <br />Unoccupied and unsecured; or <br />Unoccupied and secured by other than normal means; or <br /> <br />Vacant Property Registration Ord, <br /> <br />Page 2 of 10 <br />
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