Ord. No. 20-03-1804ORDINANCENO.20-03-1804
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA RELATING TO CODE
ENFORCEMENT PROCEDURES NOTICE;AMENDING SECTIONS 12-8 3
AND 12-8.4 OF CHAPTER 12 OF THE CODE OF ORDINANCES ENTITLED
"ENFORCEMENT PROCEDURES;NOTICE";AND "COST OF CLEARING
AS LIEN ON PROPERTY",PROVIDING FOR SEVERABILITY
ORDINANCES IN CONFLICT,ANDAN EFFECTIVE DATE.
WHEREAS,the City has reviewed the enforcement procedures notice and the cost of
clearing as lien on property for other municipalities;and
WHEREAS,the City has found that the time to remedy the condition in other
municipalities is (5)days after service of such notice;and
WHEREAS,the City in order to provide a more efficient and speedy process whereby
overgrown conditions on vacant lots are quickly corrected by the City for the public health,safety
andgeneralwelfare;and
WHEREAS,the administration recommends to amend Section 12-8.3 and Section 12-8.4
of Chapter Twelve ofthe Code ofOrdinances to provide a time frame of five (5)additional days
to remedy the conditions afterservice of suchnotice.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYORANDCITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Section 12-8.3 of Chapter Twelve of the Code of
Ordinances isherebyamendedas follows:
Sec.12-8.3 Same-Enforcement procedures;notice.
Upon the failure of the owner of any vacant or unimproved lot,parcel or tract of land,or
of any lot,parcel or tract containing vacant buildings or structures within the city,to keep such
premises free of weeds,grass or undergrowth ofa height of twelve (12)inches or more from the
ground,or free of garbage,rubbish,trash,litter,debris,dead trees or other solid waste,or free of
abandoned vehicles,or to keep such premises free of excavations or depressions,as provided in
section 12-8.2,it shall be the duty ofthe city manager or his designee to give notice,as provided
herein,requesting the owner or owners of such property to remedy the condition within fifteen
{}$)Five (5)daysafterservice of such notice.
Such notice shall be given by registered or certified mail,addressed to the owner of the
property identified in the current county tax rolls,and shall be deemed complete and sufficient
notice when so addressed and deposited in the United States mail with proper postage prepaid
and,in addition to service by mail,by posting for at least ten (10)five (5)days in at least two (2)
locations,one (1)of which shall be the property upon which the violation is alleged to exist and
the other ofwhich shall be at city hall.Proof of posting shall be by affidavit ofthe person posting
the notice and shall include a copy of the notice posted and the date and places of its postings.
The notice shall be in substantially the following form:
Pg.2 Of Ord.No.20-03-1804
Date:
Name of owner:
Address of owner:
ThecurrentDadeCountyTax records indicateyoutobetheowner(s)of the
following describedpropertyinthe City of SouthMiami:
An inspection of thispropertydiscloses,andthecitymanagerhasfoundand
determined,ittobein such condition astobein violation of Section 12-8.2 of
theCode of Ordinances of theCity of SouthMiami,because(state why property
isinviolation,i.e.,height of weeds,grassor undergrowth,debris,deadtrees,
etc.)
Section12-8.2 of theCode of Ordinances of the City of South Miamiprovides
thatitshallbe unlawful foryoutopermitthis condition to continue,andyouare
hereby notified thatunlessthisconditionis remedied soastomakeit
nonviolative of Section12-8.2 of theCode,within fifteen (15)five (5)daysfrom
thedate hereof,the City of SouthMiamiwillproceedto remedy such condition,
andthecost of suchworkwillbeimposedasalienuponthisproperty.The
estimatedcosttoremedythisconditionwouldbe plus seventy-five
dollars ($75.00)foradministrationchargesforatotal cost of
Thisnoticewillbethe only noticegiventoyouinaperiod of one(1)yearfrom
thisdate.Any otherviolationsoccurringunderthissectionshallberemediedby
the city withoutfurtherpriornotice,andthecost of suchwork,plus seventy-five
dollars ($75.00)in administrative chargesforeach violation,willbe imposed asa
lien upon thisproperty.
Very trulyyours,
City Manager
(Ord.No.1596,§2,11-7-95)
Sec.12-8.4.Same -Cost of clearingaslienonproperty.
Uponthefailure of the owner of propertyto remedy the conditions existing in
violation of therequirements of section12-8.2 of theCodewithinfifteen (15)
five(5)daysafterservice of noticetodoso,thenthe city managerorhis
designee shallproceedtohavesuch condition remedied by contract ordirect
labor,orboth,andthecost thereof shall become aspecial assessment lienagainst
suchpropertythirty(30daysafternotice of completion of work by thecity.
Suchspecial assessment lienshallbeequalinrankand dignity with thelien of ad
valorem taxesandshallbesuperiorinrankand dignity toallotherrliens,
encumbrances,titles,andclaimsin,tooragainstthe property.Such lienshallbe
payablewithinterestatthelegalratefromthedate of the certification untilpaid,
Pg.#3of Ord.No.20-03-1804
andmaybe foreclosed inthe manner provided bylawor ordinance.Repeated
violations of section 12-8.2 occurringwithintwelve (12)months of theinitial
noticemayberemediedbythecity,assetforthherein,withoutfurtherprior
notice to the violator.
(Ord.No.1596,§2,11-7-95)
Section 2.Ifany section,clause,sentence,orphrase of this ordinance isforany
reasonheldinvalidorunconstitutionalbyacourtofcompetent jurisdiction,theholdingshallnot
affect the validity of the remaining portions of this ordinance.
Section 3.Allordinancesorpartsofordinancesinconflictwiththeprovisions of
this ordinance are repealed.
Section 4.This ordinance shalltakeeffect immediately upon approved.
PASSED AND ADOPTED this 21 day of October ,2003.
ATTEST:
CITYbfcElttf
1st Reading-10-7-03(PASSED)
2nd Reading-10/21/03
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
COMMISSION VOTE:4-0
Mayor Feliu:Yea
Vice Mayor Russell:Yea
Commissioner Wiscombe:Yea
Commissioner Bethel:Yea
Commissioner McCrea:out of room
Excellence,Integrity,Inclusion
TO:Mayorand Commission DATE:October 7,2003
FROM:Maria Davis l(j^j(jJt^SUBJECT:Agenda Item #",City Manager^"/^^^Commission Meeting'lb JJ if03
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA AMENDING SECTIONS 12-8.3 AND 12-8.4 OF CHAPTER
12 OF THE CODE OF ORDINANCES ENTITLED "ENFORCEMENT PROCEDURES;
NOTICE"AND "COST OF CLEARING AS LIEN ON PROPERTY";PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE.
SUMMARY OF REQUEST
In accordance with Florida Statutes,a ten-day period isan accepted standard as being reasonable
toallow correction of many Code Enforcement violations.The City of South Miami currently
usestheaccepted standard often (10)daysfor correction of most violations,including those
relatingtoovergrowth.If violations involving overgrowth arenot corrected,theCityallowsan
additional 15 days following posting of theproperty.
In order to provide a more expeditious process whereby overgrown conditions on vacant lots,
including unimproved lotsand vacant structures,are corrected,and to maintain the Florida
Statutes accepted standard of 10days,itis recommended that the City allow five(5)daysfor
correction of these violations and,if these violations are not corrected,allow five(5)additional
days following posting of the property.
RECOMMENDATION
Approval is recommended.
Additions shown by underlining and deletions shown by ovorstriking.
MIAMI DAILY BUSINESS REVIEW
PublishedDaily exceptSaturday,Sundayand
LegalHolidays
Miami,Miami-DadeCounty,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforetheundersigned authority personallyappeared
O.V.FERBEYRE,whoonoath says thatheor she isthe
SUPERVISOR,LegalNoticesofthe Miami Daily Business
Reviewf/k/a Miami Review,adaily(exceptSaturday,Sunday
and Legal Holidays)newspaper,published at Miami in Miami-Dade
County,Florida;thattheattachedcopyof advertisement,
being a Legal Advertisement of Notice inthematterof
CITYOFSOUTH MIAMI -PUBLICHEARING -10/21/03
ORDINANCE AMENDING SECTIONS 12-8.3 AND12-8.4,ETC.
in the XXXX Court..
was published insaidnewspaperintheissuesof
10/10/2003
Affiant furthersaysthatthesaid Miami Daily Business
Review isanewspaper published at Miami insaid Miami-Dade
County,Florida andthatthesaidnewspaperhas
heretoforebeencontinuouslypublishedinsaid Miami-Dade County,
Florida,eachday(exceptSaturday,Sundayand Legal Holidays)
and has been entered as second class mail matter at the post
officeinMiamiin said Miami-Dade County,Florida,fora
period ofoneyearnext preceding the first publication ofthe
attachedcopyof advertisement;and affiant further saysthatheor
shehasneitherpaidnorpromisedanyperson,firm or corporation
anydiscount,rebate,commissjpjxojr refundforthepurpose
of securing tnis/toVerUsenj^ftUor publication inthesaid
newspaper.
Sworn
(SEAL]
O.V.FERBEYRE persoi
OFFICIAL NOTARY SEAL
^tf l.IANETTLLERENA
COMMISSION NO.CC 912958
MY COMMISSION EXP.JUNE 23,2004
Readir
TlOiil2-83AND 12-8.40FCHAFlF^O?THECQDEpF ;•
ORDNANCES ENTITLED -ENFORCEMENT PROCEDURES;•.
NCTteE^AND^OSt OF CLEARING ASWEN^NJROPERr |TY»i PROVIDING FOFI SEVERABILiTa^OyiDIN#FOR£^>|;
DINASCES IN CONFLiCt;ANDPfTOVJDlNGANEFFECTIVE ;..,*
Said ^nancebah be inspectedJh^-Cif^€JerVs Office^Monday-|
Fridaydurtngi regular office hours.n'_:^^r--^,J :<;.•.^j'
.Inquires concerning this item should be directe^tomiBPfarining Depart-v
mentatr3^663-6325.^^.::.^sgg^3 T ^%.:^:4:-•f
ALGnleiy&tedpaities^I
.Maria M^Mependez-
^vAc^^^C!^V.-
^.•^-'.V CttyrofSdutJi[Miami .>
PursuMtoRorida Statutes ^
lie that if a person decides td appeal ahy.tlecision made by this Board,;
Agency orCommission with respect toany matter <»nsideredatit5jrneet-
ing or hearing,he orshe will need a record of the proceedings,and that for
such purpose,affected person may need toensure that a verbatim recordj
of the.proceedings ismade which record includes the^estimony and ew-;
denceuponwhichmeappe^';*b&*fa*J.
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I CITYWSOIltHWIAMI
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'NOTICE IS HEREBY giyenthatthe CffyG^r/KS^nc^the City ofScuth;
Miami.Florida will conduct a.Public Heanngbduringa RegularPityCom*
mission meeting Tuesday,October 21;2003 beginning at 7:30 P^ntheCtt/acimmlssiort Chambers-6130 SunseJ^R*^^o consider 2nd
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