Ordinance No. 2021-13 Delivery of Enigneering Reports (Apt. Complex) - August 10, 2021 CITY OF AVENTURA ORDINANCE NO. 2021-13
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. 2021-13
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 48 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 48 hours
of City's written request.
Page 2 of 5
City of Aventura Ordinance No. 2021-13
(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. 2021-13
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 Mayor Weisman, who moved its
adoption on second reading. This motion was seconded by Commissioner Narotsky 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
Page 4 of 5
City of Aventura Ordinance No. 2021-13
PASSED on first reading on this 22nd day of July, 2021.
PASSED AND ADOPTED on second reading on this 10t" 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