Ord. No. 23-95-1596"
ORDINANCE NO. 23-95-1596
AN ORDINANCE OF THE MA YOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AME~IDING ADDING SECTIONS 12.3, A~ID
SUBSTANTIALLY AMENDING SECTIONS 12 6,12 7, AND 12 8 SECTIONS
12-8.2, 12-8.3, 12-8.4, AND 12-8.5 OF THE CODE OF ORDINANCES,
RELATING TO VACANT OVERGROWN LOTS AND VACANT LOTS
CONTAINING SOLID WASTE, ABANDONED VEHICLES, AND HAVING
EXCA VA TIONS OR DEPRESSIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on April 3, 1956, the City Commission adopted a Code of Ordinances which
provides for the continued protection of the public health, safety and general welfare; and,
WHEREAS, Sections 12-5 through 12-8 of the Code of Ordinances contain regulations
regarding properties which are not maintained and contain excessive overgrown vegetation; and,
WHEREAS, on December 18, 1990, the City Commission amended Sections 12-5, 12-6
and 12-7 by Ordinance No. 25-90-1464, in order to adopt the provisions of Chapter 162, F.S.,
to govern the enforcement of these sections and to provide for an objective standard as to the
determination of overgrown lots under Section 12-5; and,
WHEREAS, the provisions of Chapter 162, F.S., establish standard code enforcement
procedures, i.e., citation, lO-day remedy period, hearing notification, Code Enforcement Board
hearing and sanctions by the Board; and,
WHEREAS, these proceedings are effective in the case of non-vacant overgrown lots;
however, these proceedings can be lengthy, costly and ineffective to quickly correct and remedy
the hazardous conditions related to vacant overgrown lots in the City of South Miami; and,
WHEREAS, the City Commission wishes to IlHleHtl add SeetieHs 12 6, 12 7, 12 8
Sections 12-8.2, 12-8.3, 12-8.4 and 12-8.5 of the Code of Ordinances, 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 and general welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE MA YOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
SECTION 1. Section 12-8.2, entitled "Overgrown Vacant Lots -Defined and Prohibited," is
created as follows: 125 OvefgrewH lets aIla lets seHtarniHg selia waste, aeaHaeHea vehisles, aHa
hll'liHg eJfSavlltieHs ef aepfessieHs; is IlHleHaea as fellews;
Overgrown Lot Revision Ordinance Page # 1
Sec. 12-8.2 Overgrown Vacant Lots -Defined and Prohibited
It shall be unlawful for any owner or owners 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 permit weeds, grass, or undergrowth to grow thereon or on adjacent swale
areal:> to a height of twelve (12) inches or more from the ground; or to permit garbage,
rubbish, trash, litter, debris, dead trees or other solid waste, as defined in Section 15-l(ss)
of the Dade County Code. as amended. or abandoned vehicles to remain thereon; or to
permit the existence of depressions or excavations or any other condition on such
premises wherein water may accumulate and stand in such manner or fashion as to make
possible the propagation of mosquitoes therein.
SECTION 2. Section ~ 12-8.3, entitled "Enforcement Procedures and Notice -Vacant Lots,"
Section H4 12-8.4, entitled "Cost of Clearing as Lien on Property," "Coodool of Headog," and
Section 12-8.5, entitled "Appeals," "Same ooodili8o m~' be"emedied by oil3'," are created SHBstllHtilllly
ameHaea as follows:
Sec. 12-8.3 lU. Enforcement Procedures and Notice -Vacant Lots
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 of a 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 of the 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 (15) days after service 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 61'. in addition to service by mail, by posting for at least ten (0) days in at least two
locations. one of which shall be the property upon which the violation is alleged to exist and the
other of which shall be at City Hall. Proof of posting shall be by affidavit of the person posting
the notice and shall include a copy of the notice posted and the date and places of its postings.
Notice shall be in substantially the following form:
Date: ___ _
Name of owner: ________ _
Address of owner: _______ _
Overgrown Lot Revision Ordinance Page # 2
The current Dade County Tax records indicate you to be the owner(s) of the
following described property in the City of South Miami: ______ _
An inspection of this property discloses, and the City Manager has found and
determined, it to be in such condition as to be in violation of Section ~ 12-8.2
of the Code of Ordinances of the City of South Miami, because (state why
property is in violation, i.e., height of weeds, grass or undergrowth, debris, dead
trees, etc.)
Section ~ 12-8.2 of the Code of Ordinances of the City of South Miami,
provides that it shall be unlawful for you to permit this condition to continue, and
you are hereby notified that unless this condition is remedied so as to make it
nonviolative of Section ~ 12-8.2 of the Code, within fifteen (15) days from the
date hereof, the City of South Miami will proceed to remedy such condition, and
the cost of such work will be imposed as a lien upon this property. The estimated
cost to remedy this condition would be , plus $75.00 for administrative
charges, for a total cost of __ _
This notice will be the only notice given to you in a period of one (1) year from
this date. Any other violations occurring under this section shall be remedied by
the City without further prior notice, and the cost of such work, plus $75.00 in
administrative charges for each violation, will be imposed as a lien upon this
property.
Very truly yours,
City Manager
Sec, 12-8.4 t2+. Cost of Clearing as Lien on Property
Upon the failure of the owner of property to remedy the conditions existing in violation of the
requirements of Section 12-8.2 ~ of the Code within fifteen (15) days after service of notice
to do so, then the City Manager or his designee shall proceed to have such condition remedied
by contract or direct labor, or both, and the cost thereof shall become a special assessment lien
against such property thirty (30) days after notice of completion of work by the City.
Said special assessment lien shall be equal in rank and dignity with the lien of ad valorem
taxes and shall be superior in rank and dignity to all other liens, encumbrances, titles, and claims
in, to or against the property. Said lien shall be payable with interest at the legal rate from the
date of the certification until paid, and may be foreclosed in the manner provided by law or
ordinance. Repeated violations of Section 12-8.2 ~ occurring within 12 months of the initial
notice may be remedied by the City as set forth herein without further prior notice to the violator.
Overgrown Lot Revision Ordinance Page # 3
" . '
Sec. 12-8.5 l2-& Appeals
The filing by the property owner to the City Commission of an appeal from the City's
determination of the need for lot clearance by the City shall not delay action by the City as
described in Section 12-8.3 ~ above . An aggrieved property owner may appeal this
determination to the City Commission, pursuant to Section 20-6.1 (E) of the Code within 30 days
of the later of the service of notice by mail or by posting, or the mailing of the notice of
completion in cases other than the first violation. If the City Commission determines that lot
clearance was unnecessary , the property shall not be assessed for the cost of the lot clearance.
SECTION 3. 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 will not affect the
validity of the remaining portions of this ordinance.
SECTION 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION 5. This ordinance will take effect immediately at the
PASSED AND ADOPTED THIS T" DAY 0 NOV BER, 1995.
ATTEST:
~~ onettaTaylor, CMC
City Clerk
1st Reading -October 5, 1995
Neil Carver
Mayor
Mt~ YO!~ CAf{VER
VICt: 1':,WOI~ YOUNG
COMMISSIONER BA SS
COMMIS SION ER COOPER
CO MMISSIONER ClJI>JNiNGHAM
2nd Reading -November 7, 1995 (as amended)
READ AND APPROVED AS TO FORM:
~~ I b. b«;..1/.,/,-
Earl G. Gallop
City Attorney
YE A v '_ Nf\'(
YEA.-=:::::" NoW
YEA v N'" -_ Ii}
YE!\~ NAY
-'---
.... -YEA _NAY -
c:\wpd OCS\repOr1s\overgm3 .ord
Overgrown Lot Revision Ordinance Page # 4
To:
From:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Mayor & City Commission
~~?tJ~
Eddie Cox,
City Manager
Date: September 26, 1995
/
J.----
Agenda Item# .:J
Re : Comm. Meetin-g-"'"'1"-0-/-5-/9 5
1st Reading: Ordinance
Amending Code Sections
Regarding overgrown Lots
Overgrown lots are presently addressed by sections 12-5 through 12-
8 of the Code of Ordinances, as substantially modified by Ordinance
No. 25-90-1464, attached. The 1990 modifications established a
definition for overgrown lots and established code enforcement
procedures in accord with F.S. Chapter 162. In order to address
overgrown lots, the City uses the rather lengthy code enforcement
process. which includes citation, 10-day remedy period, hearing
notification, hearing by Code Enforcement Board, and sanctions by
the Board. Past sanctions by the Board have included lot clearing
by the city with cost recovery via lien imposition. This is an
unduly complicated and slow process that is in need of remedy by
code modification.
The Code should be modified to provide for a straightforward, fast
procedure which would allow the City to clear overgrown lots
without any hearing by the Code Enforcement Board, at the expense
of the property owner. The city of Miami Beach has successfully
implemented such a procedure, as has Coral Gables.
The proposed modifications to the Code of Ordinances establish a
straightforward process in whicp the owner of an overgrown lot is
given 15 days to correct the violation, after which time the City
shall proceed to have the condition corrected. A lien is imposed
30 days following notice of completion of the work by the City.
subsequent violations within a one-year period require no
notification by the city, and will be remedied by the City and
charged to the property owner.
This ordinance, if approved, will provide the means for the city
to move swiftly to correct overgrown lots, which can be a
considerable public nuisance.
I recommend approval.
/3
§ 15-1 DADE COUNTY CODE
(pp) Resource recovery: The process of recover-
ing materials or energy from solid waste,
excluding those materials or solid waste un-
der control of the Nuclear Regulatory Com-
mission.
(qq) Resource recovery and management facili-
ty: Any facility the purpose of which is dis-
posal, recycling, incineration, processing,
storage, transfer, or treatment of solid or
liquid waste; but for the purpose of permit-
ting does not include sewage treatment, in-
dustrial waste treatment, or facilities ex-
clusively within state or federal jurisdiction.
(rr) Service unit: An area located in any com-
mercial establishment which provides four
(4) sleeping rooms or a fraction thereof,
where no cooking facilities are provided.
(ss) Solid waste: Garbage, trash, litter, yard
trash, hazardous waste, construction and
demolition debris, industrial waste, or oth-
er discarded material, including solid or con-
tained gaseous material resulting from do-
mestic, industrial, commercial, mining,
agricultural, or governmental operations.
(tt) Solid waste collection service area: That por-
tion or entirety of the county-wide solid
waste service area to which the depart-
ment provides curbside garbage and trash
collection service.
(uu) Solid waste disposal: Disposition of solid
waste by means of combustion, landfilling
or other final method of discard.
(vv) Solid waste management facility: Any solid
waste disposal area, volume reduction plant,
transfer station or other facility, the pur-
pose of which is resource recovery or the
disposal, recycling, processing, transfer or
storage of solid waste.
(ww) .'iolid waste management master plan: Adoc-
'lment which shall set forth (a) goal(s), ob-
.3ctives and policies for solid waste man-
gement in Dade County, and shall include
comprehensiv., evaluation of solid waste
lanagement al1 ·~rnatives and recommend-
j actions.
(xx) 'olid waste req<. ;ring special handling: Sol-
, waste maten ,Is which, because of their
Supp.~; 11 2180
quantity, concentration, composition or
physical, chemical or infectious character-
istics require transportation or disposal in
a manner not typical of other solid waste.
(yy) Tire: A continuous covering for the wheel of
a motor vehicle usually made of rubber re-
inforced with cords of nylon, fiberglass or
other material and filled with compressed
air.
(zz) Trash: Any accumulation of paper, packing
material, rags or wooden or paper boxes or
containers, sweepings and all other accu-
mulations of a nature other than garbage,
which are usual to housekeeping and to the
operation of commercial establishments.
(aaa) Used tire: A tire that is suitable for vehic-
ular use or is suitable for retreading and is
intended by the holder thereof to be for ve-
hicular use or retreading.
(bbb) Vegetative food waste: Discarded edible fruit
and vegetable matter which is capable of
biological decomposition.
(ccc) Waste tire: A tire from a motorized vehicle,
that is no longer suitable for its originally
intended purpose because of wear, damage
or defect, or which is no longer intended by
the holder thereof for vehicular use.
(ddd) Waste tire generator: Any person that is ei-
ther principally or partially engaged in the
selling, trading or otherwise transferring of
new, used or waste tires, whether such
transactions are for cash, barter or without
consideration.
(eee) Waste tire transporter: Any person trans-
porting five (5) or more waste tires for hire.
(Iff) Yard trash: Vegetative matter resulting from
landscaping and land clearing operations.
(Ord. No. 59-12, §§ 1.01-1.12, 6-9-59; Ord. No.
72-6, § 1,2-1-72; Ord. No. 77-56, § 1,7-19-77; Ord.
No. 77-72, § 1,9-20-77; Ord. No. 79-115, § 1,12-
18-79; Ord. No. 80-143, § 2, 12-16-80; Ord. No.
81-108, § 1,9-15-81; Ord. No. 82-105, § 1, 11-2-82;
Ord. No. 83-109, § 3, 11-15-83; Ord. No. 85-8, § 3,
2-5-85; Ord. No. 89-5, § 1, 1-17-89; Ord. No. 90-11,
§ 1,2-20-90; Ord. No. 91-95, § I, 9-16-91; Ord. No.
91-123, § 2,10-15-91; Ord. No. 92-20, § 2, 3-17-92;
Ord. No. 92-28, § 1,4-21-92; Ord. No. 92-43, § I,
5-19-92; Ord. No. 92-155, § I, 12-15-92; Ord. No.
94-198, § I, 11-1-94)
•
1 ORDINANCE NO. ___ _
LUff
2 AN ORDINANCE OF THE MA YOR AND CITY COMMISSION F THE CITY
3 OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 12.5, AND
4 SUBSTANTIALL Y AMENDING SECTIONS IH, 12-7, AND -8 OF THE
5 CODE OF ORDINANCES, RELATING TO OVERGROWN AND LOTS
6 CONTAINING SOLID WASTE, ABANDONED VEHICLES, 4D HAVING
7 EXCA VA TIONS OR DEPRESSIONS; PROVIDING FOR SEVERABILITY;
8 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
9 EFFECTIVE DATE.
10 WHEREAS, on April 3, 1956, the City Commission adopted a Code of Ordinances which
11 provides for the continued protection of the public health, safety and general welfare; and,
12 WHEREAS, Sections 12-5 through 12~8 of the Code of Ordinances contain regulations
13 regarding properties which are not maintained and contain excessive overgrown vegetation; and,
14 WHEREAS, on December 18, 1990, the City Conunission amended Sections 12-5, 12-6
15 and 12-7 via Ordinance No. 25-90-1464, in order to adopt the provisions of Chapter 162, F.S.,
16 to govern the enforcement of these sections and to provide for an objective standard as to the
1 7 determinati~n of overgrown lots under Section 12-5; and,
18 WHEREAS, the provisions of Chapter 162, F.S., establishes standard code enforcement
19 procedures, i.e., citation, 10-day remedy period, hearing notification, Code Enforcement Board
20 hearing and sanctions by the Board; and,
21 WHEREAS, these proceedings can be lengthy, costly and ineffective to quickly correct
22 and remedy the hazardous conditions related to overgrown lots in the City of South Miami; and,
23 WHEREAS, the City Commission wishes to amend Sections 12-6, 12-7, and 12-8 of the
24 Code of Ordinances, in order to provide a more efficient and speedy process whereby overgrown
25 conditions are quickly corrected by the City for the public health, safety and general welfare;
26 NOW, THEREFORE, BE IT ORDAINED BY THE MA YOR AND CITY COMMISSION
27 OF THE CITY OF SOUTH MIAMI, FLORIDA:
28 SECTION I. 12-5 Overgrown lots and lots containing solid waste, abandoned vehicles, and
29 having excavations or depressions; is amended as follows:
30
3 1 It shall be unlawful for owner or owners of any lot, parcel or tract of land within the City
32 to permit weeds, grass, or undergrowth to grow thereon or on adjacent swale area to a
33 height of twelve (12) inches or more from t@ ground; or to permit garbage, rubbish,
-------j\ ----
overgrown Lot Revision Ordinance Page * 1
1 trash, litter, debris, dead trees or other HHsiglllly OF HHS!!ftiIfiF}' ffiatteF solid waste, or
2 abandoned vehicle to remain thereon; or to permit the existence of depressions or
3 excavations or any other condition on such premises wherein water may accumulate and
4 stand in such manner or fashion as to make possible the propagation of mosquitoes
5 therein"
6 SECTION 2, That Section 12-6, entitled "Enforcement Procedure and Notice," Section 12-7, entitled
7 "Conduct of Hearing," and Section 12-8, entitled "Same-Condition may be remedied by city," are
B substantially amended as follows:
9 Sec. 12-6. Enforcement Procedures and Notice
10
11 Upon the failure of the owner of any lot, parcel or tract of land within the City to keep such premises
12 free of weeds, grass or undergrowth of a height of twelve (12) inches or more from the ground, or free
13 of garbage, rubbish, trash, litter, debris, dead trees or other solid waste, or free of abandoned vehicles,
14 or to keep such premises free of excavations or depressions, as provided in Section 12-5, it shall be the
15 duty of the City Manager or his designee to give notice, as provided herein, requesting the owner or
16 owners of such property to remedy the condition within fifteen (15) days after service of such notice.
17 Such notice shall be given by registered or certified mail, addressed to the owner of the property
1 B identified in the current county tax rolls, and shall be deemed complete and sufficient notice when so
19 addressed and deposited in the United States mail with proper postage prepaid. The notice shall be in
20 substantially the following form:
21 Date ___ _
22 Name of owner: ________ _
23 Address of owner: _______ _
24 The current Dade County Tax records indicate you to be the owner(s) of the following
25 described property in the City of South Miami:
2 6 An inspection of this property discloses" and the City Manager has found and determined,
27 it to be in such condition as to be in violation of Section 12-5 of the Code of Ordinances
2 B of the City of South Miami, because (state why property is in violation, i.e., height of
29 weeds, grass or undergrowth, debris, dead trees, etc,)
30 Section 12-5 of the Code of Ordinances of the City of South Miami, provides that it shall
31 be unlawful for you to permit this condition to continue, and you are hereby notified that
32 tmless this condition is remedied so as to make it nonviolative of Section 12-5 of the
33 Code, within fifteen (15) days from the date hereof, the City of South Miami will proceed
34 to remedy such condition, and the cost of such. work will be imposed as a lien upon this
35 property, The estimated cost to remedy this condition would be , plus $75,00 for
3 6 administrative charges, for a total cost of __ _
Overgrown Lot Revision Ordinance page ,2 ~~
1 This notice will be the only notice given to you in a period of one (1) year from this date.
2 Any other violations occurring under this section shall be remedied by the City without
3 further notice.
4 Very truly yours,
5
6 City Manager
7 Sec. 12-7. Cost of Clearing as Lien on Property
8 Upon failure of the owner of property to remedy the conditions existing in violation of the
9 requirements of Section 12-5 of the Code within fifteen (15) days after service of notice to do so, then
10 the City Manager or his designee shall proceed to have such condition remedied by contract or direct
11 labor, or both, and the cost thereof shall become a special assessment lien against such property thirty
12 (30) days after notice of completion of work by the City.
13 Said speciai assessment lien shall be equal in rank and dignity with the lien of ad valorem taxes and
14 shall be superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to or against
15 the property. Said lien shall be payable with interest at the legal rate from the date of the certification
16 until paid, and may be foreclosed in the manner provided by law or ordinance. Repeated violations of
17 Section 12-5 occurring within 12 months of the initial notice may be remedied by the City as set forth
18 herein without further notice to the violator.
19 Sec. 12-8. Appeals
20 The flIing by the property owner to the City Commission of an appeal from the City's determination
21 of the need for lot clearance by the City shall not delay action by the City as described in Section 12-6
22 above. An aggrieved property owner may appeal this determination to the City Commission, if the City
23 Commission as allowed by Section 20-6.1 (E) of the Code determines that lot clearance was unnecessary,
24 the property shall not be assessed for the cost of the lot clearance.
25 SECTION 2. If any section, clause, sentence: or phrase of this ordinance is for any reason held invalid
26 or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the
27 remaining portions of this ordinance.
28 SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
29 hereby repealed.
-30 SECTION 4. This ordinance will take effect immediately at the time of its passage ..
Overgrown Lot Revision ordinance Page '"3
I
ORDINANC': NO. 25-90-1464
AN ORDINANCE OF THE MAYOR AND CITY CDHHISSION OF THE
CITY OF SOUTH MIAMI. ,LORIDA; AMENDING SECTION 12-5 OF
THE CODE OF ORDINANC':S OF THE CITY OF SOUTH MIAMI TO
.ROVIDE AN. OBJEC~:'lE DEFINITION OF OVERGROWN 40TS;
AMENDINC SECTION .2-. TO PROVIDE FOR NOTICE IN
ACCORDANCE WITH CHAPTER 162. FLORIDA STATUTES; AMENDINC
SECTION 12-7 TO PROVIDE FOR HEARING BEFORE THE CODE
ENFORCEMENT BOARD IN ACCORDANCE WITH CHAPTER 162,
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANC<:S IN CONFLI C~; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Cade of Ordlnances of the Clty of Sauth Hl •• i,
Florida presently contains provisions prohibltlnq overqrovn laCS
and the enforce •• nt of those provislons ln sectlons 12-5 throuqh
12-8: vhlch .. ctions vere Hrst enacted In 195.~, and
WHEREAS, in 1980, the State of Florlda enacted Chapter 162
af the Florida Statutes "The Local Government Code Enforc ••• nt
ioards Act" prOViding ~ iliA for arqanization, enforce •• nt
procedure, conduct of h •• rln9, and notlces of municipal Cad.
Enforc ••• nt Boards, and
WHEREAS, the Mayor and Clty Commlssion vish to adOpt tbe
provislons of Chapter 162 to qovern the enforce.ent of th •••
•• ctions of the Code and to provlde an ob~ectiv. stanaard •• to
the detc~m1n&c1Qn of ov.r~ovn lo~,
HOW, THEREFORE, BE IT ORDAINED BY THE HAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAHI, FLORIDA:
SectIon 1. Section 12-5 of the Code of Ordinance. of the
Clty of South Mia.i, Florlda, be, and hereby i., amended to read:
S.c. 12-5. Overqrown Lots Oefined and Prohibited.
It Shall be unlawful for any ovner or avner. of any
lot, parcel or tract of land vithln the City to permit
v •• ds, 9r.85. or undergrowth to qrov thereon or on
ad1acent svale area to a height of twelve 1121 Inches
or mare :rcm the ground; or :0 per=i~ rubbisn, t:as~,
deDr13. d.ad trees or oeher uns1qhtly or unsanItary
•• tte~ to remain therecn;_or to permit the existence of
d.pre~slons or exeavat10ns 0= any other cond1t1on on
./
sucn oreml~e~ ~ .• ereln va~er may accumulate and stand in
sucn ~anner or fashlen a~ to maae ~ass1ble th~
City at Soutn Miam.:.. Flc:lrlQa.. be, and hereby lS. aMended to read:
Sec. :1-6. Enfcrcement Procedure and Not1ce.
The enforcement procedure for the aforesaid section,
Including notice of violation, shall be In accordance
vith that sot forth In Chapter 162, Florida Statute •.
" Section 3. Soction 12-7 of the Code of Ordinances of the
City of South Miami, Florida, be, and hereby Is, Imandod to .oad:
sec. 12-7. Canduct of He •• ,ng
Hear 1 nqos for vialatlans of soction 12-5 shall be In
acco.dance vith that sat forth In Chapte. 162, Florida
Statute ••
9,st"co 1. If any .ection, clauae, sentence, or phza •• of
thia ordinance Is held to be invalid or unconstitutional by .ny
coart of competent jurisdiction, than said holding shall in no
vay affect tha validity of tha .... ining portions of this
Ordinance.
9'Ct19" 5. All Ordinance. or parts of O.dlnances In
conflict he •• vith be, and the sama hereby .re, repo.led.
Stetton 6. Thia Ordinance shall tate effeet lma.diatelyat
the time of its pas.age.
PASSED AND ADOPTED this _I_8_th dey of DeceJII)er 1990.
APPROVEllI
1 PASSED AND ADOPTED THIS 17''' DA Y OF OCTOBER, 1995.
2
3 Neil Carver
4 Mayor
5 ATTEST:
6
7 Ronetta Taylor, CMC
8 City Clerk
9 READ AND APPROVED AS TO FORM:
10
11
12
Earl G. Gallop
City Attorney c:\wpdocs\reportS\overgrwn.ord
Overgrown Lo~ Revision Ordinance page * 4
§12.4 SOUTH MIAMI CODE § 12·6
and accumulation of weeds, undergrowth and other plant life
to the extent and in such manner as to cause infestation by
rodents and other wild animals, the breeding of mosquitoes
and vermin, or to threaten or endanger the public health, or
advel'sely affect and impair the economic welfare of adjacent
property. (Ord. ~o. 235. § 2,7-3-51; Ord. No. 713, § 1.4-6-71)
NoLe--St:e amendment note following § 12-3.
"
Sec. 12·5. Same-Public nuisances prohibited.
The existence of excessive accumulation or untended growth
of weed:!. undergrowth or other dead or living plant life upon
any lot. tract or parcel of land. improved or unimproved, with-
in one hundred (100) feet of any improved property within
the city to the extent and in the manner that such lot, tract
or pal'cel of land is or may reasonably become infested or in-
habited Uj' rodents, vermin or wild animals, or may furnish a
breeding place for mosquitoes, or threatens or endangers the
public health. safety or welfare, or may reasonably cause
disease. or adversely affects and impairs the economic wel-
fare of adjacent property, is hereby prohibited and declared to
bea public nuisance. (Ord. No. 235, § 2, 7-3-51; Ord. No. 713,
§ 1, 4-6-71)
Note-See amendment note following § 12-3.
Sec. 12·6. Same-Notice of prohibited conditions.
If the city manager finds and determines that a public
nuisance as described and declared in section 12-5 hereof
exists. he shall so notify the record owner of the offending
propel'ty in writing and demand that such owner cause the
condition to be remedied. The notice shall be given by certified
or registered mail. addressed to the owner or owners of the
property described, as their names and addresses are shown
upon the I'ecord of· the county tax assessor, and shall be
deePled complete and sufficient when 50 addressed and deposit-
ed in the l"nited States mail with proper postage prepaid. In
the event that such notice is returned by postal authorities
the manag-er shall cause a copy of the notice to be served by a
law enforcement officer upon the occupant of the property or
upon any agent of the owner thereof. In the event that. per-
Supp. No. 26
, .
§ 12-6 HEALTH AND SANITATION § 12-6
sonal service upon the occupant of the property or upon any
agent of the owner thereof cannot be performed after reason-
able search by a law enforcement officer the notice shall be
accomplished by physical posting on the said property. The
notice shall be in substantially the following form:
"NOTICE OF PUBLIC NUISANCE
Name of owner ________________ _
Address of owner __ _
Our records indicate that you are the owner(s) of the fol-
lowing property in South Miami, Florida:
(describe property)
An inspection of this property discloses, and I have found
and determined, that a public nuisance exists thereon so as
to constitute a violation of the South Miami Lot Clearing
Ordinance in that:
(describe here the condition which
places the property in violation)
(the following paragraph shall be used
only if the city intends to remedy this condition
and impose a lien on the property)
You are hereby notified that unless the condition above
described is remedied so as to make it nonviolative of the
South Miami Lot Clearing Ordinance within fifteen (15)
days from the date hereof, South Miami will proceed to
remedy this condition and the cost of the work, including
advertising costs and other expenses, will be imposed as a
lien on the property if not otherwise paid within thirty
(30) days after receipt of billing.
<the following paragraph shall be used
only if the city intends to issue a summons
for violation of the Code of the City
of South Miami, section 15~51 and section 12-5)
You are hereby notified that if the violation is not
remedied within fifteen 05) days from the date hereof, it
shall be deemed a violation of the Code of the City of
South Miami, section 15-51 and section 12-5, and the
Supp. No. 42 157
, , ..
12·6 SOUTH MIAMI CODE § 12-8
offender shall be liable for punishment as specified in the
Code of the City of South Miami. section 1-8.
CITY OF SOUTH MIAMI, FLORIDA
By: .. _. . ..... __ .. _. __ ._ .......... __
City Manager"
(Ord. No. 235. § 2, 7-3-51; Ord. No. 713, § 1,4-6-71; Ord. No.
923, § 1, 2-15-77; Ord. No. 998, § 1, 6-6-78)
Note-See editor's note following § 12-3 • . "
Sec. 12·7. Same--Hearing.
Within fifteen (15) days after the mailing of notice to him,
the owner of the property may make written request to the
city council for a hearing before that body to show that the
condition alleged in the notice does not exist or that such con-
dition does not constitute a public nuisance. At the hearing
the city and the property owner may introduce such evidence
as is deemed neces~ary. (Ord. No. 235, § 2, 7-3-51; Ord. No.
713, § I, 4-6-71)
Note-See editor's note following § 12·3. . .
Sec. 12·8. Same-Condition may be remedied by city.
If, after following the procedure in section 12-6, the condition
has not been remedied, the city manager may cause the condition
to be remedied by the city at the expense of the property owner.
After causing the condition to be remedied, the city manager
shall certify to the director of finance the expense incurred in
remedying the condition and such expense shall include an ad·
ministrative charge of fIfty dollars ($50.00). The finance director
shall notify the property o'wner of amount due for remedying
the condition. Such expense shall become payable within thirty
(30) days after which a special assessment lien and charge will be
made upon the property which shall be payable with interest at
the rate of eighteen (18) per cent per annum from the date of
remedying the condition together with collection costs and rea·
sonable attorney fees.
Such lien shall be enforceable i"n the same manner as a tax
lien in favor of the city and may be satisfied at any time by
Supp. No. 42 158
•
~t just
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ngfor
• >rIce,
7S
>p
Ibors
·tising
. day.
CARl JUSTE I H8f"aId Staff
A GIFT TO KIDS: Fernando
Casanova of Metro-Dade Parks'
youth service division shows off
one ot 4,662 confiscated
counterfeit soccer balls stored
at a warehouse .•
W~15:,[,DI\iEI:RA B· . MAN I A· II
All You Can Eat Feast
'3295
MBDIVM (;, LARGE CUWS
Have }bu Been Acting Crabby? Waltingfor Stone Cmb$ Has
Made You Angry? WaU No More Our "Fresb" Cnzb$
For Sure, Are The Best In.s:. E10rlda And The Best Priced, Too!
Jib "21b Meals ~._ .. " 9Pm{or Dinnm lndude G2rlk: Bm1d -Lunch and Dinner
"'" ""'" 01 """ "'""', ... .. 1Uesd2y thru SW!<by Sabel or Broccoli , All I'rice Subjed 10 ~
13822 sw 56 51. 388-8242 Miller SqlUlre
More
per
SQuare
inch.
Find the job you wanl fast in Sunday's Herald Classified.
THURSDAY, OCTOBER 26. 1995, THE HERALD ~1
Leaving town?
When you caU to put your paper on
vacation hold, ask for the NIE PAK and
your newspapers will be donated to a
school in your area.
Dade: 350-2000· Btoward: 462·3000
Elsewhere: )-800·876·2883
Spanish: 350-2220
Readi~g is 'good for you'. Sc{iSfe.cycling.
~ ~ _0"
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of
South Miami. Florida will hold Public Hearings during ils regular
City Commission meeting on Tuesday, November 7. 1995 Lc/tinning
at 7:30 p.m., in the City Commission Chambers. 6130 Sunset Drive
to con"jder the following described ordinances:
A.'I ORDI~A.~CE OF TIlE MAYOR AND CITY COlmISSION OF THE
CITY OF SOUTII mA.III. FLORIDA AMENDING SECTION 12-5, ,~'1D
SUBSTA1';TLILLY ,LlIENDING SECTIONS 12·6, 12-7 AIm 12-8 OF THE
CODE OF ORDI:'iAXCES. RELATING TO OVERGROWIi LOTS. LOTS
CONTAINI';G SOLID WASTE. ABANDONED VEHICLES. AND
HAVING EXCAVATIONS OR DEPRESSIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; A>'1D
PROVIDI:'\G ..t.:" EFFECTIVE DATE. (lst Reading. 10/5/95)
AN ORDIliA,~CE OF TilE llAYOR AND CITY COIIMISSION OF THE
CITY OF SO~TlllILLlII. FLORIDA AMENDING SECTION 16-12
PROVIDIIiG DEFINITIONS OF EXPLANATION OF AVERAGE
COMPENSATION FOR Gu'lERAL EMPLOYEES; AMENDING
SECTION 16-13 lLOONG IT MANDATORY FOR ALL NEW GENERAL
ElIPLOYEES TO PARTICIPATE IN THE PENSION PL-\.,\, AllENDING
SECTION 16-14 PROVIDING ALL GENERAL EllPLOYEES WITII
I:'ICREASEI:'i PENSION BENEFIT ACCRUAL RATEA,NO CIL\,NGE IN
RETIRE~fE:\T OATE:A.\lENDING SECTION 16-17 (8) PROVIDING
ALL GE:"iERAL \\'ITlll00% VESTING UPON CO~PLETlOl'i OF TEX
YEARS OF SERVICE; A.\lENDING SECTION 16-19(.1) PROVIDING
TIJAT .\LL GEi\:ERAL EMPLOYEES I;'\\CREASE THEIR
CONTRmLTIONS TO TIlE PENSION SYSTEll; PROVIDING FOR
SEVERABILITY, REPEALING AIL PRIOR LEGISLITION IN
CO~FLlCT IIEREWITIl; .\.\0 PROVIDING A~ EFFECTIVE DATE.
(lst Reading. 10/17/95)
A.~ ORO[\.\~CE OF TilE lUYOR ,~"iD CITY COlllliSSION OF TilE
CITY OF SOlTIIlllA"" FLORIDA AMENDI"iG SECTION A.
SUBSECTIO:"i 2 A.\O 10. SECTIO~ E. SECTIONS I THROUGH 12 AND
.\DDI~G SCB5ECTIO~S 2 AND 10. SEerrOi\' E. SECTIONS I
TIIROlGIl12 .\~D ADDI:'iG SUBSECTlOl'o'S 8 A:'iD 9 TO SECTION Il
OF ORDI"i.\"iCE NO. 1"91).14~1; PROVIDI:'iG fOR SEVERABILITY;
PROVIDI\G FOR ORDI~A:"'CES IN CONFLICT: A:\D PROYIDING . .\..'l
EFFECTIYE DATE. (lst Reading -10/17/95)
Soid ordinallc(,s can be inspected in the City Clerk Office.
'lonJay -Friday during regular office hours .
Inquil'ir·., ,·nnf','rning thesE' items can be addresst'd 10 tlw City
\lanag('r's office at: 663-6338.
\11 intl'!'!'-l,·.! lIartit"~ arc invited to attend lind .... illlJ(" IwanJ.
Ronetta T<I,lur. c.,tC
City Ch-rk
City of S"ud, .\!iJIIll
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p."n,," d,·,·"I,·, .... "'r" .,1 .,," ,It·~'''u" ma,;" IJ~ ,hi. !lu.Jrd. Ie"",·, ur C"mn"",,,,,,
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ne,·,j U ""'urd "f ,1". "r,,,",·,·u'n,," ~nt.l th", fur .uch l'U""u .. ·. ~H,·c',·,1 I",c, .. n may
n,·,·" '" ,·,,·uc,· 'h.'1 ~ ,,·d,ullm .. ~curd of Ih .. \>roc""d,,,~' '"' .... ~,I.· .. h,d. Tt"{"" .. ,J
,",·ju,I,., tt,.· t'·.lltn""~ '''''\ c¥i<'~nr" UI'un whirl. ,h,' ~I~'~~~ '.~ h",,·d.