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Ord. No. 10-94-1559ORDINANCE NO.10-M-1559 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA REPEALING ARTICLE II,SECTIONS 19A-31 THROUGH 19A-52,OF THE CODE OF ORDINANCES, PROVIDING FOR THE REGULATION OF TREE REMOVAL;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of South Miami adopted ordinance no.4-92- 1499 on January 21,1992,providing for the regulation of tree removal,which amended article II,sections 19A-31 through 19A-43, of the code of ordinances; WHEREAS,the subject matterisalso regulated under article III,sections 24-60 through 24-60.9,of the Metropolitan Dade County Code; WHEREAS,the Mayor andthe City Commission find that itis desirable to eliminate concurrent regulation of the subject matter by both the City of South Miami and by Dade County with respect to single family residential property. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That article II,sections 19A-31 through 19A- 43,of the code of ordinances is hereby repealed only with respect to property where the primary use is single family residential. Section 2.That the director of the Building,Zoning and Community Development Department is directed to coordinate with the Metropolitan Dade County Department of Environmental Resources Management (DERM)for the enforcement of article III,sections 24- 60 through 24-60.9,of the Metropolitan Dade County code within the municipal boundaries of the City of South Miami. Section 3.If any section,clause,sentence,or phrase of this ordinance isfor 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 Section 4.All ordinances or parts of ordinances in conflict with the provisions ofthis ordinance are hereby repealed. Section 5.This ordinance shall take effect upon the written certification by the director of the Building,Zoning and Community Development Departmentthat DERM will enforce the applicable provisions of county code within the city. PASSED AND ADOPTED this 16 day of AugUSt ,1994. ATTEST: treerpl.ord READ AND,APPROVED AS TO FORM: CflTY ATTORNEY ^ APPROVED: MAYOR