Res. No. 044-01-11192RESOLUTION NO.44-01-11192
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO WATER USE
EMERGENCY;CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY AND PLACING RESTRICTIONS ON THE USE OF
WATER WITHIN THE CITY OF SOUTH MIAMI;AUTHORIZING
ENFORCEMENT OF PHASE II AND III WATER USE RESTRICTIONS
UNDER FLORIDA ADMINISTRATIVE CODE RULE 40E-21;
PROVIDING FOR SCHEDULE OF FINDS;PROVIDING AN
EFFECTIVE DATE.
WHEREAS,onMarch27,2001,theCity Manager proclaimed astate of
emergencyintheCity of SouthMiami,Florida,after hewas informed bytheSouth
Florida Water Management District that theSouth Florida Region wasina "Phase II,
Severe Water Shortage"andwas about to enter a "Phase III,Extreme Water Shortage"on
Wednesday,March 28,2001;and
WHEREAS,the existing severe water shortage has progressed intoanextreme
water shortageand threatens thecurrentandfuture water supply of theCity of South
Miami;and
WHEREAS,extraordinary actionsmustbetakentoassureadequatepotablewater
supplies;and
WHEREAS,Chapter 14 of theCity of SouthMiamiCode of Ordinances
authorizes water use restrictions duringastate of emergency;and
WHEREAS,TheSouthFlorida Water Management District has implemented
FloridaAdministrativeCodeRule 40E-21,whichspecificallyrequeststheassistance of
municipalities and municipal policedepartmentstoenforcethePhaseIIandPhaseIII
water restrictions,as identified at Rule 40E-21.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section1.A Declaration of aState of Emergency proclaimed onMarch27,
2001 is hereby confirmed.
Section2.Toaddressthe"extremewatershortage"which isseriouslyaffecting
thewatersupply of theCity of SouthMiamiandrequiresthe restriction of water use,the
City of SouthMiamiadoptsbyreferencetheregulations under Florida Administrative
CodeRule40E-21and regulating theuse of waterduringa "severe water shortage"under
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Phase II restrictions and regulating an "extreme water shortage"underPhaseIII
restrictions.TheFACRule 40E-21 isattachedtoandincorporatedbyreferenceintothis
emergency ordinance.
Section3.ThePhaseIIandPhaseIIIwatershortageplans,asidentifiedinFAC
40E-21,shallbeenforcedbytheCity of South Miami's Code Enforcement Officers
throughthe powers vested inSection2-25 of the City's Code of Ordinances.
Section 4.A violation of a Phase II water restriction shall be considered a Class
II violation,and a violation of a Phase III water restriction shall be considered a Class III
violation,asidentifiedatSection2-25(1)of the City's CodeofOrdinances.Eachdayof
violationshallbe considered a separate offense.
Section 5.This resolution shall take effect on March 27,2001.
Section 6.Water use restrictions shall remain in effect untilthe City Manager
declares the state of emergency terminated.
Section 7.This resolution shalltake effect immediately upon approval.
7thPASSEDANDADOPTEDthisTT_day of March,2001.
ATTEST:APPROVED:
CITY CLE
READ AND APPROVED AS TO FORM:
SL,./£>-^=&t//<*/^
CITY ATTORNEY
MAYOR
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Commission Vote:3-0
Mayor Robaina:Yea
Vice Mayor Feliu:Not present
Commissioner Wiscombe:Not present
Commissioner Bethel:Yea
Commissioner Russell:Yea
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Excellence,Integrity,Inclusion
MEMORANDUM
To:Honorable Mayor,Vice Mayor
AndCity Commission
City Attorney
City Clerk
Date:March 27,2001
From:Charles Scurr
City Manager
u Declaration of a State of Emergency
In accordance withChapter14 of theCode of Ordinances of theCity of SouthMiami,
and after consultation withtheMayor,ViceMayorandCity Commission,Iam officially
declaring a State of Emergency.
South Florida isinaperiod of extended drought anda water emergency exists.The
South Florida Water Management District (SFWMD)is declaring a Phase III,Extreme
Water Shortage Condition,effectiveMarch28,2001.Miami-Dade County hasdeclared
aState of Emergency andgonetoLevel2Statusatthe Emergency Operations Center.
The SFWMD and Miami-Dade County have also requested the assistance of all local
governments tovigorouslyenforcethewaterrestrictionsandtake other appropriate
emergency actions.
Inresponsetotheemergencysituationfacingour community,Iamformallydeclaringa
State of Emergency and establishing the following schedule for Water Restriction
Violations:
Level of Water Restriction
•Phase I Water Restriction
•Phase II Water Restriction
•Phase III Water Restriction
•Phase IV Water Restriction
These measures are effective immediately.
Cc:Department Directors
Class of Code Enforcement Fine
Class I Code Enforcement Fine
Class II Code Enforcement Fine
Class HI Code Enforcement Fine
Class IV Code Enforcement Fine