Ordinance No. 2023-06 Creating Code Section 14-3 Annual Certification of Structural Maintenance and Section 14-32 Painting and-or Waterproofing Required - March 7, 2023 CITY OF AVENTURA ORDINANCE NO. 2023-06
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ARTICLE I OF CHAPTER 14 "BUILDINGS AND BUILDING
REGULATIONS" OF THE CITY OF AVENTURA CODE OF
ORDINANCES BY CREATING CODE SECTION 14-3 "ANNUAL
CERTIFICATION OF STRUCTURAL MAINTENANCE," AND AMENDING
ARTICLE II OF CHAPTER 14 OF THE CITY CODE BY CREATING CODE
SECTION 14-32 "PAINTING AND/OR WATERPROOFING OF EXTERIOR
BUILDING SURFACES REQUIRED;" PROVIDING FOR PENALTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; 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 annual
certification of structural maintenance reports to the City, as provided herein, will serve to
promote the health, safety and welfare of the residents of the City; and
WHEREAS, the City Commission finds that the timely painting and/or
waterproofing of exterior building surfaces at least every 10 years, 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 Chapter 14 "Buildings and Building
Regulations," of the City Code of Ordinances is hereby amended to read as follows':
Chapter 14 — Buildings and Building Regulations
ARTICLE I —In General
Section. 14-3. — Delivery of annual certification of structural maintenance report.
1 Additions to existing text are shown in underline format. Deletions are shown in strike-through
format.
City of Aventura Ordinance No. 2023-06
(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.
(b) The annual certification of structural maintenance described above shall be filed
annually with the City officials listed in Section 14-1 on or before December 15 by
the Responsible Person or their designee. 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(a-)cityofaventura.com or other link provided for this purpose on
the City's website.
(c) If an annual certification of structural maintenance 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.
(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.
Chapter 14 — Buildings and Building Regulations
ARTICLE II — Building Code
Section 14-32. - Painting and/or Waterproofing of Exterior Building Surfaces Required
(a) The exterior building surfaces of all multi-family residential structures containing
more than four (4) units shall be repainted and/or waterproofed at intervals of 10
years or less. For new buildings, the first 10-year interval will start when the exterior
building surfaces are first painted and/or waterproofed. For existing buildings, the
10-years interval will start when the exterior building services are last painted
and/or waterproofed.
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
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City of Aventura Ordinance No. 2023-06
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 re-lettered 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.
The foregoing Ordinance was offered by Commissioner Stern, who moved its
adoption on first reading. This motion was seconded by Commissioner Bloom and upon
being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Billy Joel Yes
Mayor Howard S. Weinberg Yes
The foregoing Ordinance was offered by Vice Mayor Joel, who moved its adoption
on second reading. This motion was seconded by Commissioner Stern, and upon being
put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Billy Joel Yes
Mayor Howard S. Weinberg Yes
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City of Aventura Ordinance No. 2023-06
PASSED on first reading this 7t" day of February, 2023.
PASSED AND ADOPTED on second reading this 7t" day of March, 2023.
•
elk C, H WARD S. WEINBERG, ESQ
ad �y1d, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A ORNEY
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