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08-10-2021 Special Commission Meeting Agenda City Manager City Coininission Donald J.Wasson Enid Weisman,Mayor Dr.Linda Marks,Mice Mayor City Clerk Jonathan Evans,Commissioner 1:: Ellllisa L.Horvath,MMC Rachel S.Friedland,Commissioner i Denise Landman,Commissioner City Attorney Marc Narotsky,Commissioner G Weiss Scrota Helfman Robert Shelley,Commissioner e Cole&]Bierman CITY COMMISSION SPECIAL MEETING AGENDA AUGUST 10, 2021 6000 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ORDINANCE — SECOND READING/PUBLIC HEARING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 14 `BUILDINGS AND BUILDING REGULATIONS"OF THE CITY CODE,BY CREATING CITY CODE SECTION 14- 1 "DELIVERY OF ENGINEERING REPORTS",TO REQUIRE THE DELIVERY TO THE CITY OF BUILDING ENGINEERING REPORTS WHICH REFLECT BUILDING CONDITIONS, INCLUDING STRUCTURAL AND LIFE SAFETY COMPONENTS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 4. ORDINANCE — FIRST READING/PUBLIC HEARING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 14 `BUILDINGS AND BUILDING REGULATIONS"OF THE CITY CODE,BY CREATING CITY CODE SECTION 14- 2 "DELIVERY OF ENGINEERING REPORTS CONCERNING COMMERCIAL BUILDINGS", TO REQUIRE THE DELIVERY TO THE CITY OF BUILDING ENGINEERING REPORTS WHICH REFLECT BUILDING CONDITIONS, INCLUDING STRUCTURAL AND LIFE SAFETY COMPONENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT. This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such Aventura City Commission Special Meeting Agenda August 10, 2021 proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: August 6, 2021 SUBJECT: Proposed Ordinance Amending Article I of Chapter 14 of the City Code Requiring Disclosure to the City of Building Engineering Reports Which Reflect Building Conditions, Including Structural and Life Safety Components 11t Reading July 22, 2021 City Commission Meeting Agenda Item 4 2nd Reading August 10, 2021 City Commission Meeting Agenda Item 3 RECOMMENDATION It is recommended that the City Commission approve the attached proposed Ordinance recognizing the necessity to further enhance the monitoring of building conditions within the City, to ensure compliance by private property owners with life safety requirements of the Florida Building Code and Miami-Dade County and City Ordinances. BACKGROUND The duties in this section are applicable to a "Responsible Person" which include board members, condominium associations, homeowners associations, property managers, cooperative owners associations, or president and/or their designees of any such community association. Once the "Responsible Person" receives the report of a professional engineer or architect concerning the structural, electrical, or life safety conditions of a building which is under their control they shall file a copy of the report with the City's Chief Building Official and City Manager. The timely disclosure of engineering reports to the City will serve to promote the health, safety and welfare of the residents of the City. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1990-21 CITY OF AVENTURA ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY CODE, BY CREATING CITY CODE SECTION 14-1 "DELIVERY OF ENGINEERING REPORTS", TO REQUIRE THE DELIVERY TO THE CITY OF BUILDING ENGINEERING REPORTS WHICH REFLECT BUILDING CONDITIONS, INCLUDING STRUCTURAL AND LIFE SAFETY COMPONENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura, Florida (the "City") finds that it is necessary to further enhance the monitoring of building conditions within the City to ensure compliance by private property owners with life safety requirements of the Florida Building Code and applicable Miami-Dade County and City Ordinances; and WHEREAS, the City Commission finds that the timely delivery of engineering reports to the City, as provided herein, will serve to promote the health, safety and welfare of the residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Section 14-1 "Delivery of Engineering Reports", of Article I, "In General", of Chapter 14 " Buildings and Building Regulations" of the City Code of the City of Aventura is hereby amended by creating the following new Section, to read as follows: City of Aventura Ordinance No. 2021- Chapter 14 — Buildings and Building Regulations ARTICLE I —In General Section. 14-1 — Delivery of Engineering Reports. (a) The duties imposed by this Section are applicable to any person (the "Responsible Person") who serves as the president (the "President") of a condominium association, homeowners association or cooperative owners association (each constituting a"Community Association"for the purposes of this section). The duties of this Section shall also apply to any person, firm, corporation or entity serving as a property manager (the "Property Manager") for a Community Association or as a property manager for any apartment complex of more than four (4) units. Such person, firm, corporation or entity shall be included in the term "Responsible Person" as used in this Section. The President may designate a qualified employee or contractor of the Community Association to perform the duties of paragraphs (b) and (c) of this Section on behalf of and in lieu of the President by filing a written designation with the City Manager naming the person, firm, corporation or entity who shall assume such duties of the President (the "Designee"). The written designation and acceptance of the designation by the Designee must be provided to and approved by the City Manager on a form which is authorized for use by the City Manager. A violation of this Section by a President is not cured by the filing of the designation form after conduct which constitutes a violation of this Section by the President has already occurred. A Designee shall constitute a Responsible Person under this Section. (b) In the event that a Responsible Person (i.e.- the President or his or her Designee or Property Manager) receives the report of a professional engineer or architect (collectively, the "Engineer's Report") concerning the structural, electrical, or life safety conditions of a building which is under the control or jurisdiction of a Community Association served by such Responsible Person (or as the Property Manager of an apartment complex as described above), said Responsible Person shall file a copy of such Engineer's Report with the City's chief Building Official and City Manager. (c) The Engineer's Report described in paragraphs (a) and (b) above, shall be filed with the City officials listed above within 24 hours of receipt of said Engineer's Report by the Responsible Person. Filing shall be accomplished by hand delivery to the offices of the City's chief Building Official and City Manager at the Aventura Government Center and/or by email filing at the following link- engineeringreports@cityofaventura.com or other link provided for this purpose on the City's website. If an Engineer's Report is hand delivered, it shall be hand delivered to the offices of the City's chief Building Official and City Manager in both digital format and hard copy for compliance with this Section. Engineer's Reports which have been provided to a Responsible Person before the effective date of this Section shall be filed by the Responsible Person with the City within 24 hours of City's written request. Page 2 of 5 City of Aventura Ordinance No. 2021- (d) A Community Association shall be responsible for the payment of any fine which would otherwise be payable by the President of the Community Association for a violation of this Section. Section 3. Penalty. That a violation of this Ordinance shall be subject to the penalties provided in Section 1-14 of the City Code. This Ordinance shall also be subject to enforcement under the code enforcement process provided by Chapter 2, Section 2- 331, et. seq., of the City Code as amended from time to time. Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 6. Implementation. That the City Manager is hereby authorized to take any action which is necessary to implement this Ordinance. Section 7. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. Page 3 of 5 City of Aventura Ordinance No. 2021- The foregoing Ordinance was offered by Mayor Weisman, who moved its adoption on first reading. This motion was seconded by Commissioner Friedland and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 4 of 5 City of Aventura Ordinance No. 2021- PASSED on first reading on this 22nd day of July, 2021. PASSED AND ADOPTED on second reading on this loth day of August, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: August 6, 2021 SUBJECT: Ordinance Amending Article I of Chapter 14 of the City Code by Creating Code Section 14-2 Requiring the Delivery to the City of Building Engineering Reports Which Reflect Commercial Building Conditions, Including Structural and Life Safety Components 1st Reading August 10, 2021 City Commission Special Meeting Agenda Item 4 2nd Reading September 2, 2021 City Commission Meeting Agenda Item RECOMMENDATION It is recommended the City Commission approve the attached Ordinance amending Article I of Chapter 14 of the City Code creating Section 14-2 "Delivery of Engineering Reports Concerning Commercial Buildings". This allows the City to monitor commercial building conditions and ensure compliance by property owners with life safety requirements of the Florida Building Code and Miami-Dade County and City Ordinances. This will serve to promote the health, safety and welfare of the residents and business community of the City. BACKGROUND The duties in this section are applicable to a "Responsible Person" which include any person, firm, corporation or entity who is the owner of a commercial building consisting of more than 2,000 square feet of floor area. Once the "Responsible Person" receives the report of a professional engineer or architect concerning the structural, electrical, or life safety conditions of a commercial building which is under their ownership, they shall file a copy of the report with the City's Chief Building Official and City Manager within 24 hours of receipt. Violation of this Ordinance shall be subject to penalties. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1995-21 CITY OF AVENTURA ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY CODE, BY CREATING CITY CODE SECTION 14-2 "DELIVERY OF ENGINEERING REPORTS CONCERNING COMMERCIAL BUILDINGS", TO REQUIRE THE DELIVERY TO THE CITY OF BUILDING ENGINEERING REPORTS WHICH REFLECT BUILDING CONDITIONS, INCLUDING STRUCTURAL AND LIFE SAFETY COMPONENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura, Florida (the " City")finds that it is necessary to further enhance the monitoring of commercial building conditions within the City to ensure compliance by property owners with life safety requirements of the Florida Building Code and applicable Miami-Dade County and City Ordinances; and WHEREAS, the City Commission finds that the timely delivery of engineering reports to the City, as provided herein, will serve to further promote the health, safety and welfare of the residents and business community of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Section 14-2 "Delivery of Engineering Reports Concerning Commercial Buildings", of Article I, "In General", of Chapter 14 "Buildings and Building Regulations" of the City Code of the City of Aventura is hereby amended by creating the following new Section, to read as follows: City of Aventura Ordinance No. 2021- Chapter 14 — Buildings and Building Regulations ARTICLE I —In General Section. 14-2— Delivery of Engineering Reports Concerning Commercial Buildings. (a) The duties imposed by this Section are applicable to any person, firm, corporation or entity (the "Responsible Person") who is the owner (the "Owner") of a commercial building consisting of more than 2,000 square feet of floor area (the "Commercial Building"). The duties of this Section shall also apply to any person, firm, corporation or entity serving as a property manager (the "Property Manager') for a Commercial Building. A Property Manager shall be included in the term "Responsible Person" as used in this Section. The Owner may designate a qualified employee or contractor of the Owner to perform the duties of paragraphs (b) and (c) of this Section on behalf of and in lieu of the Owner by filing a written designation with the City Manager naming the person, firm, corporation or entity who shall assume such duties of the Owner (the "Designee"). The written designation and acceptance of the designation by the Designee must be provided to and approved by the City Manager on a form which is authorized for use by the City Manager. A violation of this Section by an Owner is not cured by the filing of the designation form after conduct which constitutes a violation of this Section by the Owner has already occurred. A Designee shall constitute a Responsible Person under this Section. (b) In the event that a Responsible Person(i.e.: the Owner or his or her Designee or Property Manager) receives the report of a professional engineer or architect (collectively, the "Engineer's Report") concerning the structural, electrical, or life safety conditions of a Commercial Building which is under the ownership of such Responsible Person or for which the Responsible Person is the Designee or Property Manager, said Responsible Person shall file a copy of such Engineer's Report with the City's chief Building Official and City Manager. (c) The Engineer's Report described in paragraphs (a) and (b) above, shall be filed with the City officials listed above within 24 hours of receipt of said Engineer's Report by the Responsible Person. Filing shall be accomplished by hand delivery to the offices of the City's chief Building Official and City Manager at the Aventura Government Center and/or by email filing at the following link- engineeringreports@cityofaventura.com or other link provided for this purpose on the City's website. If an Engineer's Report is hand delivered, it shall be hand delivered to the offices of the City's chief Building Official and City Manager in both digital format and hard copy for compliance with this Section. Engineer's Reports which have been provided to a Responsible Person before the effective date of this Section shall be filed by the Responsible Person with the City within 24 hours of City's written request. Page 2 of 5 City of Aventura Ordinance No. 2021- (d) For purposes of this section, the term "Commercial Building", includes buildings or any portion thereof which is used for commercial, industrial or institutional purposes. Section 3. Penalty. That a violation of this Ordinance shall be subject to the penalties provided in Section 1-14 of the City Code. This Ordinance shall also be subject to enforcement under the code enforcement process provided by Chapter 2, Section 2- 331, et. seq., of the City Code as amended from time to time. Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 6. Implementation. That the City Manager is hereby authorized to take any action which is necessary to implement this Ordinance. Section 7. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. Page 3 of 5 City of Aventura Ordinance No. 2021- The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 4 of 5 City of Aventura Ordinance No. 2021- PASSED on first reading on this loth day of August, 2021. PASSED AND ADOPTED on second reading on this 2nd day of September, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5