Ord. No. 06-07-1907ORDINANCE NO. - 1 9 0 6 907
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO' DRAINAGE;
AMENDING SECTION 20 -4.7 OF THE CITY'S LAND DEVELOPMENT
CODE IN ORDER TO CORRECT THE TITLE TO REFLECT
"MINIMUM STANDARDS" FOR ALL CONSTRUCTION AND NOT
JUST IDENTIFYING MINIMUM HOUSING STANDARDS; MODIFYING
SUBSECTION (C) IN ORDER TO SPECIFICALLY REQUIRE ALL
PROPERTIES TO RETAIN STORMWATER DRAINAGE ON SITE SO
AS TO PREVENT DEVELOPMENT THAT WOULD RESULT IN
CONTRIBUTING TO OR CAUSING RECURRENT PONDING ON
ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF -WAY; AND
ELIMINATING SUBSECTION, (J) ENTITLED "CERTIFICATE OF
OCCUPANCY RELATING TO REHABILITATION AREAS AS NO SUCH
CERTIFICATE IS USED IN THE CITY, AND AS REHABILITATION
AREA IS NOT DEFINED; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami desire
to promote, protect and improve the health, safety and welfare of the residents and
businesses of, and visitors to, the City of South Miami by enhancing the minimum
requirements of the Florida Building Code; and,
WHEREAS, prior to the passage of the Florida Building Code, south Florida was
governed by the South Florida Building Code, which code required individual property
owners to maintain all rain run -off on their property; and,
WHEREAS, flooding is a major issue in the state of Florida and specifically a
major issue for the general health, welfare and safety of the residents and businesses of
South Miami, and,
WHEREAS, pursuant to the powers vested in South Miami pursuant 'to chapters
163 and 166, Florida Statutes, the City desires to enhance its minimum standards for all
properties (commercial and residential), to require, individual property owners to
maintain stormwater drainage on their properties; and
WHEREAS, at its January 16, 2007 meeting the Planning Board, after public
hearing, adopted a motion by a vote of 4 ayes and 2 nays (Ms. Yates, Ms. Beckman)
recommending denial of the proposed amendments; and
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Page 1 of 4
Ord, No. 06 -07 -1907
WHEREAS, the Mayor and City Commission desire to amend Section 20 -4.7, of
the Land Development Code to require greater enforcement of the City's stormwater
drainage requirements, and to correct the title of Section 20 -4.7 to correctly reflect that
the chapter provides minimum standards for all construction, not just for residential
housing; and;
WHEREAS, the Mayor and City Commission also seek to delete superfluous
subsection (J) relating to rehabilitation areas as no such areas exist in the city.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20- 4.7(C)(4) is amended to reads as follows:
20 -4.7 Minimum housin standards.
(C) Exterior Pr'oper'ty Areas.
(4) Stor•mwater Drainage. Stormwater contributing or causing recurrent or
excessive ponding shall be eliminated through proper filling, elevating,
drainage, or grading of the site. The ground shall be graded away from the
building and foundation, but not so as to cause water to drain onto adjoining
property ies or to recurrently drain onto public rights -of -way. Pro e
owners shall be required to maintain adequate swales, French drains, or other
mechanisms to ensure that stormwater does not drain onto adjoining properties
or public rights -of -wad
In all new construction, , or add4i@Rs any significant addition that
results in chances to the elevation of the site that would result in runoff to
adiacent properties or the right-of-way made after J -1, 0-6 March
6 2007 failure to comply with this subsection shall result in the denial of a
certificate of occupancy or certificate of use until such time as sufficient proof
is provided to the City Building, Planning and Public Works Departments that
the development shall retain stormwater on site or that adequate drainage is
provided so as to prevent the development from contributing or causing
recurrent pondin to o adjoiningpropeLly_(ies) or public rights -of way.
(j) Certificate of OECanc(J) Reserved
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Page 2 of 4
Ord. No. 06 -07 -1907
(3)
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Land
Development Code.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of%�C� , 2007.
ATTEST:
d Y CLERK
APPROVED:
M
MAYOR
l st Reading — 2 / 2 0 /
2nd Reading— 3/6/07
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w • -
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Land
Development Code.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of%�C� , 2007.
ATTEST:
d Y CLERK
APPROVED:
M
MAYOR
l st Reading — 2 / 2 0 /
2nd Reading— 3/6/07
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Ord. No. 06 -07 -1907
(4)
READ AND APPROVED AS TO FORM
( &, # A � �- Z�
Luis . Figueredo,
Nagi Gallop Figueredo, P.A.
Office of City Attorney
COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Birts:
Yea
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
PXomm ltems1200712- 6- 071PB -07 -001 LDC Amend 20 -4.7 Stormwater Ord.doc
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