City to "Fence Off" Miami Beach

At Monday's Land Use Committee Meeting (4pm in City Manager's Large Conference Room at City Hall), the Committee will discuss "how to minimize the negative impacts of vacant properties".

This topic was added as an Addendum to the Agenda by Committee Chair and Commissioner Jonah Wolfson.

The Staff Report quotes statistics of the current volume of foreclosed and pre-foreclosed properties in zip codes 33139, 33140, and 33141. The data shows over 6,900 units are either bank owned or in pre-foreclosure status. The report points out that this number is anticipated to rise.

The report also states Code Compliance is experiencing three to four times the volume of property maintenance violations over last year. If the property is "abandoned" the City uses City funds to clean up the property and continue to maintain it while filing a lien on the property. When the property is sold, the City often recoups the costs of clean up and maintenance when the lien is paid. The payment of the lien goes into a fund used to clean up other properties which have been "abandoned".

The City is considering other measures to "address the issues resulting from abandoned/un-kept properties". Other measures include, administrative improvements, increased funding, and added legislation.

The additional legislation includes:

1. Amend Section 142-1132 (h) to require that all new construction projects place an eight (8) foot high fence around the perimeter of their construction sites; and provide minimum standards for the fence; including permitting chain link only if it is installed and maintained according to code with horizontal reinforcing bars and opaque screening. This amendment needs to be reconciled with Sec. 138-132 regarding construction signs and Sec. 58-300 (b) which includes construction sites that become abandoned site.
2. Amend Section 142-1132 (h) (e) regarding temporary chain link fencing not to exceed a period of one year to be reconciled with other code amendments.
3. Amend Section 58-299 to require the owners of vacant buildings, vacant structures and vacant or unimproved lots that have been received a property maintenance violation to place of a six (6) foot high fence with removable mesh to secure the vacant structure, vacant or unimproved lot, consistent with zoning restrictions on the placement of fences for that zoning district or use.
4. Amend Section 58-300 (b) require a black or green removable mesh on the green or black vinyl-coated fence. It should be noted that the Planning Board is considering the possibility of requiring decorative graphics on fences for vacant lots and abandoned construction sites.
5. Amend Section 58-301 (c) to allow the City to place a lien for city costs immediately following completion of the work performed by the City on behalf of the property owner.
6. Amend Section 58-300 (b)(1) to reduce the number of days that a property owner is given to install the fence (with mesh), should that be required, from 45 days to 20 days.
7. Amend Section 58-300 (b)(2) to reduce the number of days following a special master's determination that the property owner must install the fence with mesh from 30 days to 20 days.
8. Amend Section 52-300 (c) to change the time frame for the City to place the fence should the property owner fail to do so from 45 days to 20 days.
9. Amend Section 58-300 (d) to allow the City to place a lien for city costs immediately following completion fo the work performed by the City on behalf of the property owner.
10. Amend the City Code to require that the City-approved "No Trespassing Signs" must be placed on all new construction projects/projects with substantial rehabilitation, and on abandoned properties that have received a violation for property maintenance.
11. Amend City Cod to include additional aesthetic requirements for board ups, mesh on fences and graphics on vacant store fronts (Zoning to further define Aesthetic Requirements).
12. Establish a building close-out process when a building is going to be left vacant for a period of more than three weeks.
13. Amend City code to allow for higher administrative fees to be charged and included in liens when Code Compliance coordinates securing buildings pursuant to 58-301.

We hope you will attend the Land Use Committee Meeting and help the City find more "property owner friendly" ways to address vacant properties.