Direct answer
A code violation usually goes through a city’s or county’s code compliance process under Chapter 162 of the Florida Statutes, and is heard by a code enforcement board or special magistrate. An unsafe structure case starts with the building official, who finds that a building is dangerous under the Florida Building Code and local building rules. That case can lead to a repair or demolition order, and it is heard by an unsafe structures board or panel. One property can have both kinds of case at the same time.
Disclaimer
This article is general information about permitting and code-enforcement processes. It is not legal advice, not a substitute for advice from a Florida-licensed attorney, and not a guarantee of any result, timeline, or fee. Permit Busters, LLC is not a law firm and does not appear as your legal representative. Building and code rules vary by county and municipality and can change. Confirm current requirements, forms, and fees with the building or code office that has jurisdiction over the property, and consult a Florida attorney and, where construction work is required, a Florida-licensed contractor.
Este artículo es información general sobre procesos de permisos y cumplimiento del código. No es asesoramiento legal, no sustituye el consejo de un abogado con licencia en Florida y no garantiza un resultado, un plazo ni un costo. Permit Busters, LLC no es un bufete de abogados y no comparece como su representante legal. Las normas de construcción y de código varían según el condado y el municipio y pueden cambiar. Confirme los requisitos, formularios y tarifas vigentes con la oficina de construcción o de código que tenga jurisdicción sobre la propiedad, y consulte a un abogado de Florida y, cuando se requiera obra, a un contratista con licencia en Florida.
Two tracks, two sets of rules
| Code violation | Unsafe structure case | |
|---|---|---|
| Who starts it | A code compliance inspector | The building official, or that official’s staff |
| Typical issues | Property upkeep, zoning, outside storage, work without a finalized permit | Structural deterioration, open and vacant buildings, fire or egress hazards, work without permits and inspections |
| Rules | Local code, under the Chapter 162 framework | Florida Building Code and local building code (Chapter 8 in Miami-Dade) |
| Who hears it | Code enforcement board or special magistrate | Unsafe structures board or panel |
| Possible outcomes | Fines, liens, other non-criminal penalties | Orders to repair or demolish, plus fines or liens |
These are general patterns. Your notice controls.
What makes a structure “unsafe”
The City of Miami’s “Respond to a Building Violation” page lists conditions that can make a building unsafe. They include being vacant and open at doors or windows, debris that is a fire hazard, egress and fire-protection hazards, signs of structural stress such as cracks, sagging, or collapsing ceilings, disconnected water service, and work done without proper permits and inspections. The page also refers to the further definitions in Chapter 8 of the Miami-Dade County Code.
Miami-Dade County’s Unsafe Structures page says unsafe structures may result from poor maintenance, natural disasters, fire, deterioration, or unpermitted work. It says owners are notified of the violations and the required corrective action. If repairs are not made, the County may pursue demolition orders, civil fines, or liens.
In Broward, the County says the Florida Building Code allows the building official to declare a hazardous building an “Unsafe Structure” and notify the owner of record to correct the violations or demolish it. If the owner does nothing, the County says the building may be demolished and the owner billed for the cost.
Who hears each type of case
Miami-Dade County. The County’s Unsafe Structures Board reviews building officials’ decisions about unsafe buildings. Decisions about single-family homes and duplexes in the unincorporated area go to the Unsafe Structures Appeal Panel instead. The County lists the Board Administration Section at 786-315-2575.
City of Miami. The City’s Building Department has an Unsafe Structures division that can bring properties before the Unsafe Structures Panel. Code Compliance cases go to the Code Enforcement Board.
Broward County. The Broward County Unsafe Structures Board hears appeals from decisions of the Broward County Building Code Division’s building official. It also hears the building official’s requests for review when a Notice of Violation has not been complied with. The County says to report an abandoned and hazardous structure in the Broward Municipal Services District, or in a city that contracts with the County, at 954-765-4400, Option 6. For other properties, contact the city.
If you receive an unsafe structure notice
- Read the notice for the condition found, the required action, and any deadline or hearing date.
- Contact the building official’s office named on the notice.
- Check the permit history. Open or expired permits and unpermitted work often sit behind these cases. See How to Close an Expired Permit in Broward County.
- Expect permits for the repair or demolition. If signed and sealed plans are required, they must be prepared by a Florida-licensed engineer or architect. Permit Busters, LLC can help coordinate that step.
- Do not ignore a hearing notice. The notice and the board’s rules explain your appeal rights.
Get help with an unsafe structure or code case
Permit Busters, LLC can help you sort out which case is which, pull permit records, and prepare the permit paperwork for repairs, so the correction can be submitted to the office that has the case. Any help with a hearing is document preparation only. That is not attorney work, and Permit Busters, LLC does not appear or speak for you at the hearing. If you want legal counsel, talk to a Florida attorney. See code violation services, permit closeout services, the Miami-Dade permit help page, and Broward County permit help. Approval always rests with the city or county. Call (954) 616-5823, email info@permitbusters.com, or book an appointment. Hours are Monday through Friday, 9 AM to 5 PM. Permit Busters, LLC is based in Lauderhill, FL 33351.
FAQ
What is the difference between an unsafe structure case and a code violation?
A code violation usually goes through a code compliance process under Chapter 162 and is heard by a code board or special magistrate. An unsafe structure case starts with the building official under the building code, can lead to a repair or demolition order, and is heard by an unsafe structures board or panel.
Can unpermitted work make a building unsafe?
It can be part of an unsafe structure case. The City of Miami lists work performed without proper permits and inspections among the conditions that can make a building unsafe, and Miami-Dade County lists unpermitted work as one cause.
Who hears unsafe structure cases in Miami-Dade?
Miami-Dade’s Unsafe Structures Board reviews building officials’ unsafe-structure decisions. Decisions about single-family homes and duplexes in the unincorporated area go to the Unsafe Structures Appeal Panel. The City of Miami has its own Unsafe Structures Panel.
Who hears unsafe structure cases in Broward?
The Broward County Unsafe Structures Board hears appeals from decisions of the Broward County Building Code Division’s building official. For properties in a city that does not contract with the County, contact that city.
Can an unsafe structure lead to demolition?
Yes. Miami-Dade says further enforcement may include demolition orders, civil fines, or liens, and Broward says a building may be demolished and the owner billed if the owner does nothing. This is general information, not legal advice.