Ord. No. 11-96-1611ORDINANCE NO.11-96-1611
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE AMENDMENT
OF SECTION 20-4.7(D)(8),TO REQUIRE THAT SINGLE-FAMILY
RESIDENTIAL STRUCTURES AND COMMERCIAL STRUCTURES BE
PAINTED AND MAINTAINED;PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,on October 25.1989.the City Commission voted to
adopt Ordinance No.19-89-1441.the City's Land Development Code,
including Section 20-4.7.entitled "Minimum Housing Standards.11
which established provisions to require minimum housing standards
for existing dwelling units;and,
WHEREAS,on December 21,1993,the City Commission adopted
Ordinance No.23-93-1549.amending Section 20-4.7(A)"Purpose and
Intent."to include the terms "and commercial structures"so that
Section 20-4.7 would apply toall structures in the Citv;and.
WHEREAS,provisions requiring painting of existing dwelling
units was not included in the original ordinance;and,
WHEREAS,the City Commission desires to reguire that single-
family residential structures be painted with pre-approved colors
from the paint color palette selection adopted for the Hometown
District by Resolution No.19-94-9422.adopted on March 1.1994.
which palette is maintained by the Planning Division:and.
WHEREAS,the provisions of Section 20-4.7(DW8)apply to all
structures in the Citv of South Miami,including both residential
and commercial structures,due to the aforementioned amendment of
Section 20-4.7(A).which affects Section 20-4.7 as a whole:and.
WHEREAS,the Mayor andthe City Commission find that itis
in the public interest to require that existing dwelling unita
commercial and residential structures in the City of South Miami
be painted and properly maintained.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Section 20-4.7(D)(8)is amended as follows:
(8)Depreciation of Surrounding Property
The exterior of every structure uocd—§e*—human—habitation
shall be maintained with reasonable attractiveness so as to
not,in the case of excessive scaling of paint or excessive
3rd Reading:June 4th,1996 Minimum Painting Ordinance Page l
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mildew,cause a depreciation in neighborhood property
values.Exterior wall surfaces shall be painted,utilizing
the adopted color palette ofthe Hometown District,and be
properly maintained by regular painting,except for stone cur
other finishes generally accepted asnot requiring painting^
Exterior wall surfaces shall be kept free from materials,
objects and conditions which will have an adverse effect on
adjacent premises.
Section 2.In the event of a violation under §20-4.7(0(8),
the Code Enforcement Officer shall provide the alleged violator
with information concerning funding sources to paint the house if
they [the property owner]are in trouble.
Section 3.TheColorPaletteListrecommendedby Environmental
Review &Preservation Board is hereby established as the official
Color Palette List for the entire City,to be maintained on file by
the Director of "the Planning &Zoning Division.
Section 4.ThePaletteExplanationis attached as"ExhibitA,"
inordertoidentify _specific colorsas_body colors,trim colors
and accent colors,as specified and regulated under Section 20-7.24
"Architectural standards -Colors'"in the Land Development Code.
Section 5.If any section,clause,sentence,or phrase of
this ordinance is for any reason held invalid or unconstitutional
bya court of competent jurisdiction,the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 6.All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 7.This ordinance shall take effect immediately at
the time ofits passage.
PASSED AND ADOPTED this 4tn day ofJune,1996.
ATTEST
CITY CLERK
READ AND APPROVED AS TO FORM:
/Q?•Q^z //j/z-^
3rd Reading:June 4th,1996
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APPROVED:
VICE MAYOR
COMMISSION VOTE:
Mayor Cunningham:
Vice Mayor Robaina:
Commissioner Price:
Commissioner Bethel
Commissioner Young:
4-0.
Notpresent
Yea
Yea
Yea
Yea
Minimum Painting Ordinance Page
•*wi&<fc&\CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:MayorandCityCommission Date:April9,1996
Agenda Item #
From:Eddie Cox Re:Comm.Mtg.04/16/96
CityManager
REQUEST:
ANORDINANCEOFTHEMAYORANDCITY COMMISSION OFTHECITYOFSOUTH MIAMI,FLORIDA,RELATING
TO THE AMENDMENT OF SECTION 20-4.7(D)(8),TO REQUIRE THAT SINGLE-FAMILY RESIDENTIAL
STRUCTURESBEPAINTEDANDMAINTAINED;PROVIDINGFORSEVERABILITY;PROVIDINGFORORDINANCES
INCONFLICT;AND PROVIDING AN EFFECTIVE DATE
BACKGROUND &ANALYSIS:
Duetothelack of aspecificprovisionrequiringhomestobepaintedintheCity of SouthMiami,
CodeEnforcementiscurrentlyunabletorequireortocite,propertyownerswhodonotpaintor
properly maintain existingstructuresin residential areas.Theeffect of unpaintedhousesisvery
destructivetotheenjoymentandimage of thesurroundingproperties.
TheproposedordinanceamendstheLandDevelopmentCode,byaddingthenecessarylanguage
totheexisting minimum housingstandards,whichrequiresthatallexteriorwallsbepainted,
exceptforstoneorother finishes generallyacceptedasnotrequiringpainting.
RECOMMENDATION:Approval.
City Manager's Report:MinimumPaintingRequirement
To:Mayor andCity Commission
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
From:Eddie Cox
CityManager
Date:May 29,1996
Agenda Item #
Re:Comm.Mtg.06/04/96
Minimum Painting Standards
REQUEST:
ANORDINANCEOFTHEMAYORANDCITY COMMISSION OFTHECITYOFSOUTH MIAMI,FLORIDA,RELATING
TO THE AMENDMENT OF SECTION 20-4.7 (D)(8),TO REQUIRE THAT SINGLE-FAMILY RESIDENTIAL
STRUCTURESANDCOMMERCIALSTRUCTURESBEPAINTEDANDMAINTAINED;PROVIDINGFOR
SEVERABILITY;PROVIDINGFORORDINANCESIN CONFLICT:ANDPROVIDINGANEFFECTIVEDATE
BACKGROUND &ANALYSIS:
On May 21,1996,the City Commission held 2nd Reading for this ordinance.At that time,the
City Commission requestedthattheHometownpaintcolorpalettebeincludedasa requirement
forthepainting of single-family residential structuresviathis ordinance.Staffhasconcludedthat
asaresult of anamendmenttotheLandDevelopmentCodein1993which affects theentire
Section20-4.7,"MinimumHousingStandards",theproposedpaintpalettewouldberequiredand
enforcedcitywideforall residential and commercial structures.Thismaybevery desirable,asa
citywide colorpalettewouldfurthertheCity'sgoaltofosterasense of community identity.
The ordinance for 3rd Reading has been prepared by staff using underline font,double-underline
font (indicating the original proposed changes from 1st Reading)and strikeout fonts and contains a
brief regulatory history of this issue.The proposed ordinance as presented for 3rd Reading may
onlybeamendedbythe specific motionand affirmative vote of theCity Commission.Adoption
ofthisordinancewithouta specific amendment to include thestaff recommended changes,will
resultinthe adoption of thedouble-underlinedlanguageonly,whichdoesnot address color.
RECOMMENDATION:Approval.
Attachments:
Proposed Ordinance for 3rd Reading
Sherwin-Williams Interior Color Answers {availableatmeeting)
ExhibitA:"Palette Explanation"and Color Guide
Section 20-7.24 of theLand Development Code
OrdinanceNo.23-93-1549 adopted December 21,1993
ResolutionNo.19-94-9422adoptedMarch1,1994
City Manager's Report for 2nd Reading of this ordinance
Excerpted Planning Board Minutes
Letter from Member of the Public
City Manager's Report:Minimum Painting Requirement
To:
From:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Mayor andCity Commission
Eddie Cox
City Manager
Date:May 14,1996
Agenda Item #
Re:Comm.Mtg.05/21/96
Minimum Painting Standard
REQUEST:
ANORDINANCEOFTHE MAYOR ANDCITYCOMMISSIONOFTHECITYOF SOUTH MIAMI,FLORIDA,RELATING
TO THE AMENDMENT OF SECTION 20-4.7(D)(8),TO REQUIRE THAT SINGLE-FAMILY RESIDENTIAL
STRUCTURESBEPAINTEDANDMAINTAINED;PROVIDINGFORSEVERABILITY;PROVIDINGFORORDINANCES
IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE
BACKGROUND &ANALYSIS:
Duetothelack of aspecificprovisionrequiringhomestobepaintedintheCity of SouthMiami,
Code Enforcement iscurrentlyunabletorequireortocite,property ownerswhodonotpaintor
properlymaintainexisting structures inresidentialareas.Theeffect of unpaintedhousesisvery
destructive totheenjoymentandimage of the surrounding properties.
The proposed ordinanceamendstheLandDevelopmentCode,byaddingthenecessarylanguage
totheexistingminimumhousingstandards,whichrequiresthatall exterior wallsbepainted,
exceptforstoneor other finishesgenerallyacceptedasnotrequiringpainting.
ThePlanningBoardvoted6:0torecommendapproval of theordinancebasedontheconditions
that the ordinance be amended as follows:
1.bydeletingthe language "used forhumanhabitation"
2.by eliminating thelanguage"byregularpainting",inorderthatthesentencereads
"Exteriorwallsurfaces shall bepaintedandproperly maintained,exceptforstone
orotherfinishesgenerallyacceptedasnotrequiringpainting."
RECOMMENDATION:Approval.
Attachments:
Proposed Ordinance 2nd Reading
Excerpted Planning Board Minutes
Letter from Member of the Public
City Manager's Report:Minimum Painting Requirement