Code Enforcement Mechanisms refer to the administrative and legal procedures established to ensure compliance with building regulations. In the context of the 1935-miami-dade-building-code, these mechanisms are detailed in Chapter 3 (Enforcement) and involve the authority of the building-inspector, the use of registered-inspectors, and the oversight of the board-of-examiners-and-appeals. Additional enforcement provisions are found in specific chapters regarding signage, elevators, awnings, and recent ordinances addressing dangerous buildings and construction deposits.
Inspection and Compliance
Enforcement begins with the building-inspection-protocol, which requires inspections at critical stages of construction, such as foundation, frame, and final occupancy (p. 26). For complex or high-risk structures, specifically Type I buildings, the code mandates the employment of a registered-inspector who must be bonded and responsible for reporting on structural safety and material quality (p. 27). The building-inspector has the power to order work to stop if it violates the code or is unsafe (p. 29).
Specific enforcement protocols apply to vertical transportation and exterior structures. For elevator-safety-standards, the building-inspector must inspect passenger elevators at least once every three months and can require repairs or cessation of operation if safety is compromised (p. 314). For signage-regulations, the building-inspector inspects signs for safety and security; if a sign is found unsafe, the owner has 48 hours to correct it, after which the inspector may remove it at the owner’s expense (p. 308). Similarly, for awning-and-canopy-construction, permits must be shown to any City Building, Sanitary, Police, or Fire Inspector upon demand (p. 317).
Recent ordinances have expanded inspection requirements. ordinance-no-3827 requires a registered land surveyor’s certificate and plan for all building permit applications for new structures, additions, or moved buildings to prevent litigation and ensure compliance with zoning laws (p. 350). Furthermore, ordinance-no-3963 tasks the building-inspector with semi-annual inspections of public buildings and annual inspections of all buildings to identify “dangerous buildings” based on structural integrity, sanitation, and safety standards (p. 354). Fire and Police divisions are also mandated to report suspected dangerous buildings to the Inspector within 24 hours (p. 358).
Financial Guarantees and Performance Bonds
To protect public property and ensure site restoration, enforcement mechanisms now include financial guarantees. ordinance-no-3746 mandates that owners or contractors deposit a performance bond or cash deposit, with a minimum of $50.00, before permits for construction, excavating, or grading are issued (p. 347). The building-inspector determines the amount based on public improvement values, and funds may be used to repair damage or remove debris if the site is not properly cleared (p. 348).
Similarly, ordinance-no-3971 requires cash deposits from operators of circuses (100 minimum) to cover potential damage to public property and cleanup costs (p. 362). The building-inspector sets the deposit amount based on site area and public improvement value, with refunds issued after final inspection by the Department of Public Service (p. 363). These measures ensure the city is protected from costs associated with public property damage and inadequate site restoration.
Penalties and Remediation for Dangerous Buildings
Violations of the code are subject to strict penalties. The building-inspector can condemn buildings that are dangerous or damaged by more than 50% of their value (p. 29). Owners are given 48 hours to commence repairs after receiving notice; failure to comply allows the city-of-miami to tear down or make safe the structure at the owner’s expense, creating a lien on the property (p. 30). Additionally, specific provisions address nuisances such as termite infestations, requiring extermination within 60 days of notice (p. 31).
ordinance-no-3963 provides a comprehensive framework for handling “dangerous buildings,” defined by structural defects, lack of utilities, or sanitation issues (p. 352). The building-board-of-appeals is empowered to order repair, vacation, or demolition. If owners fail to comply with orders, the Board can cause the building to be repaired or demolished, with costs becoming a lien on the land or an assessment against the property (p. 357). The City Attorney is tasked with prosecuting non-compliance and collecting costs (p. 358).
General penalties for violating any provision of the ordinance include fines not exceeding 500 or imprisonment up to 6 days (p. 322-323). ordinance-no-3970 and ordinance-no-3971 also specify fines up to $500 or imprisonment for violations of fire zone extensions and carnival/circus deposit requirements, respectively (p. 346, p. 363).
Appeals and Alternates
The code provides a mechanism for addressing disputes or non-standard construction methods through the board-of-examiners-and-appeals. This board, composed of an architect, builder, and structural engineer, can interpret the code to prevent manifest injustice and approve alternate materials or construction types if the building-inspector refuses initial approval (p. 32). This ensures that enforcement is balanced with practical engineering solutions.
A separate building-board-of-appeals was established by ordinance-no-3963 to hear appeals regarding the classification and remediation of “dangerous buildings” (p. 356). This board, consisting of five members including master builders and structural engineers, has the authority to make rules for hearings, with decisions being final (p. 356). Owners may appeal the Inspector’s determination of bond amounts for construction or carnival permits to the Director of Public Service (p. 348, p. 363).
Relation to Other Concepts
These enforcement mechanisms work in tandem with occupancy-classification to determine the level of scrutiny and safety requirements for different building uses. They also support fire-separation-standards by ensuring that required fire barriers are properly constructed and maintained. Furthermore, they enforce fire-zones by regulating construction types and materials in designated areas, such as the Secondary Fire Zone in Coconut Grove (p. 322) and the expanded Fire Zone Number 1 (p. 345). The new requirements for construction-performance-bonds and dangerous building assessments add layers of financial and structural accountability to the enforcement process.
Related Documents
- 1935-Miami-Dade-Building-Code_p345_364
- 1935-Miami-Dade-Building-Code_p305_324
- 1935-Miami-Dade-Building-Code_p25_44
- 1935-Miami-Dade-Building-Code_p325_344
- 1935-Miami-Dade-Building-Code_p345_364
See also: 1935-Miami-Dade-Building-Code_p85_104
See also: 1935-Miami-Dade-Building-Code_p365_375