Ord. No. 25-90-1464ORDINANCE NO.25-90-1464
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI.FLORIDA;AMENDING SECTION 12-5 OF
THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO
PROVIDE AN OBJECTIVE DEFINITION OF OVERGROWN LOTS;
AMENDING SECTION 12-6 TO PROVIDE FOR NOTICE IN
ACCORDANCE WITH CHAPTER 162,FLORIDA STATUTES;AMENDING
SECTION 12-7 TO PROVIDE FOR HEARING BEFORE THE CODE
ENFORCEMENT BOARD IN ACCORDANCE WITH CHAPTER 162,
FLORIDA STATUTES;PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the Code of Ordinances of the City of South Miami,
Florida presently contains provisions prohibiting overgrown lots
and the enforcement of those provisions in sections 12-5 through
12-8?which sections were first enacted in 1950,and
WHEREAS,in1980,the State of Florida enacted Chapter 162
of the Florida Statutes "The Local Government Code Enforcement
BoardsAct"providing inter alia for organization,enforcement.
procedure,conductofhearing,andnoticesofmunicipalCode
Enforcement Boards,and
WHEREAS,theMayorand City Commission wish toadoptthe
provisions ofChapter162togovernthe enforcement ofthese
sections ofthe Code and to provide an objective standard asto
the determination of overgrown lots,
!<
NOW,THEREFORE,BEIT ORDAINED BYTHEMAYORANDCITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Section 12-5 of the Code of Ordinances of the
CityofSouthMiami,Florida,be,and hereby is,amendedto read:
Sec.12-5.Overgrown Lots Defined and Prohibited.
It shall be unlawful for any owner or owners of any
lot,parcelor tract of land within the City to permit
weeds,grass,or undergrowth to grow thereon or on
adiacent swale area to a height of twelve (12)inches
or more from the ground;or to permit rubbish,trash,
debris.,dead trees or other unsightly or unsanitary
matter to remain thereon;or to permit the existence of
deDressions or excavations or anv other condition on
such premises wherein water may accumulate and stand in
suchmanner or fashionastomake possible the
propagation ofmosquitoestherein.
Section 2.Sectior.12-6 cf the Code cf Ordinances cf the
City of South Miami,Florida,be,and hereby is,amended to read:
Sec.12-6.Enforcement Procedure and Notice.
Theenforcementprocedure for theaforesaid section,
including notice of violation,shall be in accordance
with thatsetforthin Chapter 162,Florida Statutes.
Section 3.Section 12-7oftheCodeof Ordinances ofthe
City of South Miami,Florida,be,and hereby is,amended to read:
Sec.12-7.Conduct of Hearing
Hearings for violations of Section 12-5 shall be .in
accordance with that set forth in Chapter 162,Florida
Statutes.
Section 4.Ifany section,clause,sentence,or phrase of
this Ordinance is held to be invalid or unconstitutional by any
courtofcompetent jurisdiction,thensaidholdingshallinno
way affect the validity of the remaining portions of this
Ordinance.
Section 5.All Ordinances or parts of Ordinances in
conflict herewith be,andthesame hereby are,repealed.
Section 6.This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 18 th day of December 1990.
APPROVED:
#*>.^
READ AND APPROVED ASTO FORM:
CITY ATTORNEY