ORDINANCE 713ORDINANCE NO. 9 -71 -713
ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, DECLARING EXCESSIVE ACCUMULA-
TION OF UNTENDED WEEDS, UNDERGROWTH,
OR OTHER PLANT LIFE UPON PARCELS OF
LAND WITHIN 100 FEET OF ANY IMPROVED
PROPERTY TO BE A NUISANCE; AUTHORIZING
CITY MANAGER TO GIVE NOTICE OF SUCH
NUISANCE AND REQUIRE CLEARING THEREOF;
PROVIDING FOR APPEAL TO COUNCIL AND
HEARING THEREON; AUTHORIZING CITY TO
CLEAR LOTS AND IMPOSE LIEN FOR COSTS`
THEREOF EXPRESSING INTENT THAT ORDI-
NANCE' BE SEPARABLE; EXPRESSING INTENT
THAT ORDINANCE BE MADE PART OF CITY
CODE; PROVIDING PENALTY FOR VIOLATION;
AND, PROVIDING EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. That Sections 12 -3, 12 -4, 12 -5, 12, -6, 12 -7`
12 -8, and 12 -8.1 be amended to read as follows:
Sec. 12 -3. Short title.
Sections 12 -3 through 12 -8.1 shall be known as
the "South Miami Lot Clearing Ordinance "', and shall
be applicable in the City of South Miami, Florida.
Sec. 12 -4. Declaration of legislative intent.
The City Council finds and determines that the
continuous growth and urban development of the city
require the reasonable and effective control and
regulation of excessive growth 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 adversely affect and impair the economic welfare of
adjacent property.
Sec. 12 -5, public nuisances prohibited.
The existence of excessive accumulation or un-
tended growth of weeds* undergrowth or other dead
or living ,plant life upon any loti tract or parcel of
land, improved or unimproved, within one hundred (100)
feet of any improved property within the city to the
extent and in the manner that such lot* tract or par-
cel of land is or may reasonably became infested or
inhabited by rodents* vermin or wild animals, or-may
furnish a breeding place for mosquitoes* or threatens
or endangers the public health, safety or
relfare or
MAY reas+onebly cause disease, or adversely af'f'ects and
itVairg the economic welfare t9f i adjacent property, s
hereby prohibited and declared to b@ a public nai,gance,
Sec. 12 -6. Notice of prohibited conditions,.
If the city manager finds and determines that
a public nuisance as de- scribed and declared in sec -
tion 12 -5 hereof exists, he shall so notify the record
owner of the offending property 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 record of the county tax assessor, and shall be
deemed complete and sufficient when so addressed and
deposited in the United States mail with proper post-
age prepaid. In the event that such notice is returned
by postal authorities the manager shall cause a copy of
the notice to be served by a law enforcement off'_cer
upon the occupant of the property or upon any agent of
the owner thereof, In the event that personal service
upon the occupant of the property or upon any agent of
the owner thereof cannot be performed after reasonable
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
following 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)
You are hereby notified that unless the condition
above described is remedied so as to make it non-
violative of the South Miami Lot Clearing ordinance
within 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.
CITY OF SOUTH MIAM , f'1,ORIDA
By:
City Manager
Sec. 12 -7, Ffearing.
Within fl fwoh (15) days after the mailing of
notice to him, the over of the property ray make
written requegt to the city council for a hearing
before that `htti•dy to above that the eondi;tion alleged
in the notice dtea nest exi §t or that gush condition
dreg not con §tyi:ttttxe a public nni.taneo. oAt the bear-
ing the city and the pro .rty ter may intr€ gje@
c TV =' etll ': =Jo 19-71-7111
Sec. 12 -8. Condition may be remedied by city.
If within fifteen (15) days after mailing of
the notice no hearing hzs been requested and the
condition described in the notice has not been
remedied, the city manager shall cause the condition
to be remedied by the city at the expense of the
property owner. If a hearing has been held and has
concluded adversely to the property owner, the city
manager may cause the !condition to be remedied by
the city at the expense of the property owner unless
the council otherwise ,directs. 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 shall include a copy of the
notice above described and a copy of the decision of
the council, if any, whereupon such expense shall become
payable withing thirty (30;) days, after which a special
assessment lien and charge will be made upon the prop-
erty, which shall be payable with interest at the rate
of six per cent per annum from the date of such certi-
fication until paid.
Such lien shall be enforceable in the same manner
as a tax lien in favor of the city and may be satisfied
at any time by payment thereof including accrued interest.
Upon such payment the city shall; by appropriate means,
evidence the satisfaction and cancellation of such lien
upon the record thereof. Notice of such lien may
filed in the office of the clerk of the circuit court
and recorded among the public ;records of Dade County,
Florida.
Sec. 12 -8.1. Records.
The City shall keep complete records relating to
the amount payable for liens above described.
Section 2. If any section, sentence, clause, phrase, or
word of this ordinance is for any reason held or declared to be
unconstitutional, inoperative or void, such holding or invalidity
shall not affect the remaining portions of this ordinance and it
shall be construed to have been the intent of the Council of the
city of South Miami to pass this ordinance without such uncon-
stitutionali invalid, or inoperative part therein; and the remain-
der of this ordinance, after the exclusion of such part or parts
shall be deemed and bald to be valid as if such parts had not been
included therein.
Sec l .,A. That any person, 13ergans firm, partnership or
corporation violating any of the provisions hereof shall, upon
.W� I
tl NILW_t +L11:% 9-11-1111 .
conviction, be punished by a fine not to exceed $500.00, or by
imprisonment not to exceed six months, or by both such fine and
imprisonment in the discretion of the Municipal Judge. Each day
a.violation is permitted to exist shall constitute a separate
offense.
Section 4 It is intended that this ordinance be permanent
in nature and shall be included in the Code of ordinances, City
of South Miami, Florida.
Section 5. This ordinance shall take effect April 10, 1971.
PASSED and ADOPTED this 6tVay of April , 1971.
ATTEST:
of ty C ierk
4
utJ
APPROVED:
.MAYOR