Ordinance No. 2021-14 Creating Section 14-2 Delivery of Engineering Reports Concerning Commercial Buildings - September 2, 2021 CITY OF AVENTURA ORDINANCE NO. 2021-14
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. 2021-14
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 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.
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City of Aventura Ordinance No. 2021-14
(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.
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City of Aventura Ordinance No. 2021-14
The foregoing Ordinance was offered by Mayor Weisman, who moved its
adoption on first reading. This motion was seconded by Commissioner Shelley 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 Evans, who moved its
adoption on second reading. This motion was seconded by Commissioner Landman 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 Absent
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
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City of Aventura Ordinance No. 2021-14
PASSED on first reading on this 1011 day of August, 2021 .
PASSED AND ADOPTED on second reading on this 2nd day of September, 2021 .
ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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