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6800 SW 67 ST_GREEN MISC wy A City of South Miami INTER—OFFICE MEMORANDUM TO: William F. Hampton DATE: 15 June 9 2 City Manager FROM: - SUBJECT: Sonia Lama, AIA Code Enforcement Board Building & Zoning i ector Cutie Horse Information Please, find enclosed the information you requested concerning the Code Enforcement Board Meeting of June 11, 1992, dealing with property located at 6800 S:W: 67 Street. og ec���; � o 1992.-06-15 15 12 CALL US BEFORE SENDING A FAX 007 P01 MEMORANDUM DATE : June 15,. 1992 . TO s William P. Hampton, City Manager FROM Martin David Berg, City Attorney RE Code sec. 5-3.1 Horses in residential districts .Z aCO.ZQ'r.Q��L�.7.S.:.SCgC��xx===xx�ool.OxS,x=x sxx�i7R��ax�sccCOCRx-..:o��0= The last clause of Section 5-3.1 (copy enclosed) allows horses to be "kept and maintained . . . at least fifty (50) feet from property under different ownership, provided such property owner's consent thereto in writing . . . . " At the Code Enforcement Hoard meeting of June 11, a home owner was charged with violation of this section. The home owner admitted that, for at lest three hours a day, he rode and/or grazed hts horse within 50 feet of his neighbors ' property. He argued this was acceptable under the Code, because the Code has historically bean interpreted that way and because the Code did not prohibit the riding/graz4ng, so long as there was an area where the horse was housed during moat of the day. The Administration took the position that "kept and maintained" meant kept and maintained all the time, not most of the time . The City Attorney agreed , The Board indicated the section not clear to them and they .did not like the fact that the home owner would either have to keep the horse .within its corral all the time or build other fences which would keep the horse 50 feet from the neighbor 's property line . The Board found no violation by 4 - 0 vote . You ask what the Administration should do in that it appears if the Administration. brings further cases to the Board, the Board will not follow the. Adminstration's interpretation of the Ordinance . The Administration must Continue to enforce this section, just as it must enforce all section of the City's Ordinances . Therefore, the Commission should be advised . The Commission Gan, a . agree with the Board position on this issue and so advise the Adminstration; b. disagree with the Board position on this issue and so advise the Board; c. amend the Section to more clearly reflect its intention with regard to the subject matter of the section. § 5-2.4 SOUTH MIAMI CODE § 5-4 and imprisonment, within the discretion of the municipal judge. Each day that a violation is permitted to exist shall constitute a separate offense. Upon conviction of a violation or violations of this ordinance [sections 5-2 through 5-2.4 of this Code], the helth department may revoke the permit is- sued under authority of this ordinance [sections 5-2 through 5-2.4 of this Code]. (Ord. No. 343, § 5, 4-3-56) Editor's note—See editor's note following § 5-2. Sec. 5-3. Domestic animals running at large—Prohibited. It is and shall be unlawful for any domestic animal, hog, cow, horse, swine, sheep or goat, to run at large within the city limits of the city. (Ord. 27, § 1, 8-2-27; Ord. 123, § 1, 11-23-39) Sec. 5-3.1. Horses. In RS-1 Districts, it shall be permissible to keep and main- tain horses, not to exceed one horse per acre, providing such use is incidental to an existing residential use and the area used to keep and maintain such animals is a part of the resi- dential site and further providing that such animals will be housed or fenced at least one hundred (100) feet from prop- erty under different ownership; however, such animals may be kept and maintained if incidental to an existing residen- tial use if at least fifty (50) feet from property under dif- ferent ownership, provided such property owners consent thereto in writing and such consent is furnish_ed to the build- ing and zoning department. (Ord. No. 947, § 1, 7-19-77) Sec. 5.3.2. Hoofed animals. It shall be unlawful to keep and maintain in the corporate limits of the city any hoofed animals other than horses, as permitted by zoning regulations. (Ord. No. 947, § 1, 7-19-77) Sec. 5-4. Same—Impounding. Any animal listed in the preceding section found to be running wild within the city limits may be impounded by the Supp. No. 25 56.2 / ARTICLE XXI. EU-1 SINGLE-FAMILY ONE ACRE ESTATE DISTRICT* Sec. 33-226. Uses permitted. No land, body of water and/or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed or structurally altered or maintained in any district of EU-1 classification, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided herein, excepting for one or more of the following uses: (1) Every use as one family residence, including every customary use not conflicting therewith. (2) Guest house and/or servants quarters (incidental to principal residence only). (3) Raising of poultry and fowl provided same are not kept within one hundred (100) feet of a residential building on adjoining property nor within fifty (50) feet of a side or rear property line and provided further that in no case shall the size of a flock of poultry or fowl exceed twenty-five (25) in number (incidental to existing residential use). 4 It shall be permissible to keep and maintain any com- bination of the following animals, not to exceed two (2) in number; horses and cows, provided (1) such use is incidental to an existing residential use, (2) the area used to keel)-arid maintain such animals is part of the residential site, and (3) that such animals are fenced at least fifty 50 feet from roP ert under diffelent ownershi . it; aud Fe tained for each acre in excess of the first acre that is part of the residential site on those estates which are five (5) acres or less in size. On those estates which are between five (5) and nine (9) acres in size, one additional animal may likewise be kept and maintained for each additional two (2) acres that forms part of the residential site larger than five (5) acres. On those estates which are larger than nine (9) acres in size, one additional ani- mal may likewise be kept and maintained for each additional five (5) acres that forms part of the resi- dential site larger than nine (9) acres. The total of all such animals shall not exceed ten (10). In no event shall the property be used for the keeping of such animals owned by others than those residing on the property. The director may waive the set back re- quirements between any portion or all of the subject property and the abutting properties, provided the abutting property owner or owners consent thereto in writing to the director, and the director finds the public health, safety or welfare would not be detri- mentally affected; provided however that the director may revoke the said waiver if he finds that the condi- tions pertinent thereto have changed. All animals so kept and maintained shall be housed in properly con- structed stalls, stables, or places of shelter approved as to location and construction by the building de- partment. Supp. No. 139 988.3 Metro—Dade Code 1 5.01 DADE COUNTY CODE 5.03 shall be abolished without approval of a majority of its electors voting in an election called for that purpose. The right of self determination in local affairs is reserved and preserved to the municipalities except as otherwise provided in this Charter. Annotation—Municipal Autonomy Amendment. Supreme Court held that proposed autonomy amendment to Home Rule Charter whereby mu• nicipalit-es in county would maintain continuous right to exercise all powers whether granted by own charter, by special act or general state statute was invalid and unconstitutional in part, but not to such an extent that submission of the amendment to the. electorate was improper. Dade County and Cicero and Girtman v. Dade County League of Munici• palities,Fla., 104 So. 2d 512. Sec. 5.02. Municipal powers. Each municipality shall have the authority to exercise all powers relating to its local affairs not inconsistent with this Charter. Each municipality may provide for higher standards of zoning, service, and regulation than those pro- vided by the Board of County Commissioners in order that its individual character and standards may be pre- served for its citizens. Sec. 5.03. Municipal chartera► (A) Except as provided in Section 5.04, any municipality in the county may adopt, amend, or revoke a charter for its own government or abolish its existence in the following manner. Its governing body shall, within 120 days after adopting a resolution or after the certification of a petition of ten per cent of the qualified electors of the municipality, draft or have drafted by a method determined by municipal ordinance a proposed charter, amendment, revocation, or abolition which shall be submitted to the electors of the municipalities. Unless an election occurs not less than 60 nor more than 120 days after the draft is submitted, the proposal shall be submitted at a special election within that time. The governing body shall make copies of the proposal available to the electors not less than 30 days before the election. Alternative proposals may be submitted. Each pro- posal approved by a majority of the electors voting on such proposal shall become effective at the time fixed in the proposal, Supp. No. 12" 26 ^ . ~. `� I�„ °_ Js aT- � g ° r•G L Il'�II L , f /41 V r 1; P S• �, rl � SUWON ■�S ■�m� (�1 k Sd J I i f JO 5 1 n I rS I 9 V (•1I P' ' LIT wl: L 4 .A }E • A i B I I PI I L S.;U7H MIAMI FIELD PR i• ��• J ! 5 B 7 /B y.( Ip L t I 4 J J r e 1 I if I ! J 4 Ii,. 1 6a 6 7 6 �2 2 " e 7 4 I 5 r°4T V e 1331 ° TRACT 13 TRACT 14 TRACT 15 i • 'I+-��• • ,, g �, V G;� , r Q _ __ y 0 1 t ASw :J J+' `a Ap lo' Ir : �4t >e, • :_. 4 y f RAC iL� T R ACT 1,, TRACT ; --- 0 SMJ rce y 4 S} �D •C °� LL" TRACT TRACT ♦ TRACT 7 TRACT ♦ J I f Q ,� • TRACT 4 4 TAAdr 7 TRACT 1 -a In for P1 LO - - n buss=- ■rt•w%M 'S- ogo"� £T :tc l8 .1-°L :cf !L '<4eo II• >I , I ''LL "�'� PR 1( , � • 1 1 J `1 g ?7 sw a+^ ,r , S __ _ I �Bw ■I E L S,, J • � r` L • � i !w )y r .f , IA, � e � ^ !4 5 '♦'J y. ••'<"P r L ��d'~! 7 � � e/1 .. j g _ •r_ c g ) L '•4 Sw 7{rrr rP 7LLL N , a y a r, .4 `1n (1 11S 1� _ten v w ti vI m y O o z x �p Dt b c to A o < tC a V\ X1.7? 2B.era' N I`n i. 40 age' C I T Y O F S OUTH M=AM I ----- PER IN ----- LOCATION INFORMATION Permit Number :� 438 � Address : 6800 SW 67 STREET --Y Permit Type : BUILDING SOUTH MIAMI , FL 33143 Class of Work : FENCE Constr. Type : N/A --------- LEGAL DESCRIPTION ------- Lot : Block : Section : i Proposed Use : RESIDENTIAL Townshi Dwellings : 0 Code: 0 p� RNG: 0 Estimated Value : $0 . 00 Subdivision: Improv. Cost : $3000 . 00 Total Fees : $66 . 50 ._` Amount Paid : $66 . Date Paid: 12/237TI O Work Desc. : 4 ' WOOD FENCE, 5 ' C/L FE � O NC , DOES`'N0�' AI +.OW;.'.HQ,#�' 10 RTY'r::. ----- OWNER INFORMATION -- Name: E6800 S C67 S - BUILDING Address : 6800 SW 67 STREET ELECTRICAL SOUTH MIAMI , FL 33143 $0 . 00 Phone: (305) 858-7117 MECHANICAL $0 . 00 PLUMBING $0 . 00 CONTRACTOR INFORMATION --- TREE $0 . 00 Name: GOMEZ & SON FENCE - UTILITY Address : 420 NW 120 AVE COUNTY MIAMI , FL 33182 RED TAG $0 . 00 License: 00-1996215 SIGN $0 . 00 Type: 4 RE-INSPECTION $0 . 00 MISC . FEE $0 . 00 RADON $0 . 00 ��FAILVR� TO COMPLY W=Z+H THE MEC���N�Cg� L=EN LAW CAN RESULT =N THE PA PROPERTY OWNER Y I NG TW Z C E FOR SU I LD Z NG =M3PR0VEMEN'I`:3 . NOTICE--ALL FORMS AND FOOTINGS MUST BE INSPECTED BEFORE POURING CONCRETE jPERMIT VO= D .43 = X MONTHS AFTER DATE p g I S S U E SEPARATE PERMITS MUST BE OBTAINED FOR BUILDING, ELECTRICAL, PLUMBING , MECHANICAL, ROOFING, ETC. . ISSUED ACCORDING TO PERMIT APPLICATION AND APPROVED PLANS WHICH ARE PART OF THIS PERMIT AND IN ACCORDANCE WITH THE ABOVE STATEMENTS AND CITY OF SOUTH MIAMI BUILDING AND ZONING CODES. I AM RESPONSIBLE FOR THE SUPERVISION AND COMPLETION OF THE CONSTRUCTION. CITY OF SOUTH MIAMI BUILDING DEPARTMENT BY 4 �- =? S- 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 ca- L ' ah� '` fir.' •' b ::tiw r VICTORIOUS: Eduardo Cutle k r s and Glgi I ardo Won the right to let Southern , Skies roam their land. RAUL RUBIERA/Miami Herald Staff Horse sense carries the day' in zoning ase g By ANTHONY FAIOLA feet away from his neighbors' closer than 50 feet to his-neigh- Herald Staff Writer property. He was giving it the bors' property, and that his is It seems South Miami is truly a freedom of his land.That vio- not. He insisted it was foolish to one-horse town. And the owners laced the codes." think the law was meant to pro- of the chestnut thoroughbred South Miami summoned Cutie' hibit his horse from frolicking have been able to buck the sys- to its Code Enforcement Board next to a neighbor's fence. tem. Thursday night, where he could The Code Enforcement Board Two weeks ago. Eduardo Cutie have faced fines of up to $250 agreed — unanimously. and his wife, Gigi Pardo, brought per day for keeping the horse "I think it's criminal to tell him their thoroughbred Southern Inside city limits. Both Lama and you've got to keep the horse . Skies to. their one-acre-plus city attorney Martin Berg .said cooped up in a small enclosure South Miami home in the 6000 Southern Skies should not, be.. 50 feet from his neighbors." said block of Southwest 67th Street. roaming on the couple's prop- Miriam Weiss,code enforcement Only a few days later, South ertyy. board member. .' Miami code enforcement officers Lie; who brought letters". For emb a vide president tit appeared. signed by neighbors stating they City National Bank of Florida "To our knowledge, it is the don't mind the 4-year-old horse's. and part-time' English teacher, only horse in the city," said presence, disagreed with the the decision was a relief. Sonia Lama, South Miami zon-. city's interpretation of the law.'. 'I understand the city was just ing director."The code allows for He said the code is intended to doing it's job,.but I knew we were the horse, but he must keep it 50 make sure his horse is not stabled right," he said. �� � GGEENBEGG A T T O R N E Y S A T L A W IGflGGIG Leonard J.Adler Kenneth Edelman Matthew B.Gerson Wesley A.Lauer Debbie M.Orshefsky Gary A.Siplin, Fernando C.Alonso Charles W.Edgar,III Marc J.Gottlieb David M.Layman Stevan J.Pardo Holly R.Skolnick 'esar L.Alvarez Gary M.Epstein Dianne Greenberg Alan S.Lederman Marshall R.Pasternack Laura P.Stephenson .inda C.Andrews Wayne F'itterman Melvin N.Greenberg Moshe M.Lehrfield Byron G.Petersen Joel L.Stocker )avid T.Azrin Michelle.Fongyee Sandra P.Greenblatt Marc S.Levin Albert D.Quentel Robert H.Traurig .aria M.Barrow Adrienne L.Friesner Robert L.Grossman Norman H.Lipoff Joel Reinstein Brian J.Walsh Terri L.Barsh Robert C.Gang Barbara A.Hall Carlos E.Loumiet Mark J.Reisman Jeffrey Weithorn lilarie Bass Teresita Garcia Paige A.Harper Juan P.Loumiet Luis Reiter , Howard W.Whitaker Forman J.Benford Wendy Garcia Peter J.Henn Bruce E.Macdonough Kenneth B.Robinson Robert C.White,Jr. Hark F.Bideau Richard G.Garrett Alberto M.Hernandez Robert P.Macina Raquel A.Rodriguez Jerrold A.Wish Aark D.Bloom Brian K.Cart C.Hernandez-Lonstein Alfred J.Malefatto Alan 11.Rolnick Robert M.Wolf loward Bregman Jeffrey Gilbert William T.Hess Ines Marrero-Priegues Marvin S.Rosen Timothy D.Wolfe 'rancis B.Brogan,Jr. Laurie L.Gildan Kenneth C.Hoffman Pedro J.Martinez-Fraga Richard A.Rosenbaum curt Bruton Bruce H.Giles-Klein Larry J.Hoffman Joel D.Maser Ronald M.Rosengarten try Choueke Richard J.Giusto Gerald J.Houlihan Juan J.Mayol,Jr. David L.Ross ! Arnold J.Hoffman,of Counsel iue M.Cobb Lawrence Godofsky Keith A.James John T.Metzger Gary A.Saul Allan Salovin,of Counsel '...Frank Cordero Alan S.Gold Martin Kalb Louis R.Montello Mark I'.Schnapp Brian J.Sherr,of Counsel klbert A.del Castillo Joel K.Goldman David S.Kenin Brent L.Moody Clifford A.Schulman Marc M.Watson,of Counsel t 7' Ilan T.Dimond Steven E.Goldman Timothy E.Kish Janet L.O'Brien Paul E.Shapiro .ucia A.Dougherty Steven M.Goldsmith Steven J.Kravitz Maury R.Olicker Enrique Silva )avid A.Eastman Joseph G.Goldstein Steven A.Landy Rebecca R.Orand Marlene K.Silverman Zachary H.Wolff,Retired A'illiam B.Eck Steven S.Goodman Nancy B.Lash Sheri L.Orlowitz Stuart H.Singer June 11, 1992 City of South Miami Building and- Zoning Department City Hall 6130 Sunset Drive South Miami, FL 33143 Dear Sir or Madam: This letter is on behalf of Eduardo and Gigi Cuti6, who live next to our house on 67th Street; it should constitute consent from my wife and I so that Mr. and Mrs. Cuti6 may keep a horse on their property without having to make any further improvements. Please also accept this letter as an opinion of counsel regarding the interpretation of Section 5-3.1. of the South Miami Code. At the request of Mr. and Mrs. Cuti6, I have reviewed Section 5-3.1. to determine whether they are required to erect a new fence on their property which would keep the horse at least 50 feet from our property. The language of Section 5-3. 1. allows horses on property if the animal is "housed or fenced" within 50 feet from property under different ownership, provided such property owners consent in writing: - The use of word "or" in Section 5-3.1. should be interpreted to permit an alternative: either the horse must be "housed" at a distance at least 50 feet from neighboring property, or it must be "fenced" at such distance. GREENBERG,.TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAx 305-579-0717 MIAMI FORT LAUDERDALE WEST PALM BEACH City of South Miami June 11, 1992 Page 2 In my opinion, Section 5-3.1. permits Mr. and Mrs. Cuti6 to maintain a horse on their property if the animal is "housed" at least 50 feet from neighboring property. Since the stable erected by Mr. and Mrs. Cuti6 is more than 50 feet from the property of all neighbors, they are in compliance with Section 5-3.1. Having "housed" the horse as required by the regulation, they are not also required to erect a fence which would. keep the animal 50 feet from neighboring property. As residents of South Miami and friends of Mr. and Mrs. Cuti6, my wife and I would appreciate it if you would allow Mr. and Mrs. Cuti6 to keep their horse on their property as they have proposed. Sincerely yours, FERNANDO C. ALONSO FCA:dvr GRFENimitG TRA"lilG h 06/04/92 CITY OF SOUTH MIAMI H COMPLAINT HISTORY COMPLAINT # : 92-801 HORSES SOURCE: CAR COMPLAINANT: 305/ - .......PROPERTY LOCATION...... .......PROPERTY OWNER........ .....OTHER INFORMATION..... OCCUPANT: CUTIE, EDUARDO & G PARDO COMPLAINT DATE : 06/01/92 6800 SW 67 ST. 6800 SW 67 ST HEARING DATE : 06/11/92 SOUTH MIAM?, FL 33143 SOUTH MIAMI, FL 33143 RESOLUTION DATE: LOT/BLOC$/SUBDIV: CONTACT: FOLIO V 09-4026-0080-030 PHONE: 305 - ZONE COMPLAINT IN RS-1 DIST HORSEE MUST BE KEPT AND MAINTAINED IF INCIDENT. DESCRIPTION: TO AN EXISTING RES USE IF AT LEAST 50 FT FROM PROP. ADDITIONAL YOU ARE NOT KEEPING YOUR HORSE FIFTY FEET FROM THE PROPERTY , COMMENTS: UNDER DIFFERENT OWNERSHIP AND YOU HAVE NOT SUBMITTED THE PROPERTY OWNER'S CONSENT THERETO IN WRITING TO THE B&Z DEPT. BOARD CASE NBR: 97223 FINE RATE: 3 0.00 START DATE: % / DAYS TO COMPLY: 0 CU,-... FINE: 0.00 BOARD ACTION: DATE COMPLETED- INESPFE� TYP P1S"v n I "LF/tm' w{^,I'D 1 D-T n}' A r Chi Lil .. •tlr J.�r ♦�. WY r• �Y...V a.O� YYrVl•...l v.t -------------- ---_--_—.. ---- ------ r-------------- -------------- ------------------------------ 05/02!92 CAH 700 FAi SECOND INSPECTION AILE7..T.v CO"I'i.l' CODE RNFORCEHENT BOARD 4. COMME! NT- 4" L .:t ,•; rv'< �,3M ,4 `x". t fr '?.�^,.3 Z ,'� ''ii .fitE� ,±�' r�„S,r }.: t A ray_- +' y ',,f r..a.F 'J`{ se+w $ xi t t t 'c• ri'" aK +'' ."v`.�d+. .7 °!t ; t tt,.,.`'.�, r •'c •.x5'�r �y 'Y �E :, �'t .�t"!✓$"'� h �' ¢. F TYi .i .y�.oy -�»-w " ..t �, r { y, �k°•'�.`s r. mil. ' ,y., +. 5y' w c ". t rd y a. *, �i gyp+ 1.� .. t ..« y� •� �. :.;� ' a'k.'i. r - 4•l .3a ;. + .-r.n,.. + , st -%�"" ��,�xptsF,#a i w,.:r�,� .y .- s y R In Z< x F "r' '$�`'r'L�`�,}t � 'i � - --T ..,.. ,� ar.�."�i.."`�,� ra. ta�?�:i�..-....; ';a.��.��;rr�s�.. '.:-._. :.a�i" .�,r i:.�`. :i.. .,•.�.�?t.1' .t �'r%�.�6.&�?�::'#`;".. „#�:. . -, �'...:�r� ,."�. `92 09:38 CNB 'MAIN OFFICE 305 5777460 _ 6 (,. 1/2,- To the City of South Miami w: IN ACCORDANCE WITH THE CITY .OY SOUTH MIAMI'S CODE REQUIREMENTS: THE UNDERSIGNED HEREBY GRANT PERMISSION TO EDUARDO J. CUTIE , WHOSE ADDRESS IS 6800 S.W. 67th STREET, TO KEEP A HORSE ON HIS iinviEAT`i. MR. CUTIE HEREBY AGREES TO .FOLLOW PROPER NEIGHBORLY BEHAVIOR (i..e. ,MANURE DISPOSAL) SO THE UNDERSIGNED WILL NOT BE INCONVENIENCED. Hr. E.B. G„ [ 683.: S.W. 67th ST. 46 `r Mr. Robert L. Floyd s . d I W. 68th St. E ° Ar vv MR. furesh Mody S.W. 67th ST. Ic sir 61 Q Ic 1 Ms Carol Hughes : Dear Ms Hughes, you have apparently neglected to check your departments ,s own files , because as you can see by the abov( copy, I have already complied with zoning requirements . This form was. tiled with Mr. Bill Mackey some seven (7) months ago. I also built the required enclosure in order to house .the horse as code requires . The building permit the city -issued me through Gomez and Son Fencing in January will confirm this. So, as you can see; I am not in violation of anything. Thank you for showing so much interest in my. home and continuoii9.ly looking .into my will be back yard. I'm sure that any prospective burglars discouraged by these actions ... Feel.-free, to call at:_577=7395„ if.you .have .any questions.. .. 56. CB-92223 Violation: Horse Location: 6800 SW 67 Street Owner: Cutie, E. & Pardo, G. Chief Code Enforcement Officer Vazquez explained that Mr. Cutie is not keeping his horse 50 feet from property under different ownership. Chief Code Enforcement Officer Vazquez stated that the written consent of the neighbors has been submitted. Linda Koninsberg, attorney on behalf of the owners, explained to the Board that she was only there if the owners should require her assistance. Georgina Pardo, wife of Eduardo Cutie; signed in and addressed the Board, while her husband passed out additional information to the Board, including letters from neighbors, pictures of the property, and copies of the code. She then went on to explain that before purchasing their home, they checked the zoning to be sure horses were allowed. They contacted the City concerning bringing the horse to the house and followed the City guidelines in the Code. They constructed a fenced-in area by the pool which is 50 feet from each neighbor which is where the horse spends most of his time. They obtained the neighbors written permission before bringing the horse to their home. The neighbors seem to enjoy visiting the horse also. She believes it is important to understand the wording of the code, but that it is also important to understand the spirit of the code. The neighbors support their backyard horse. The horse is housed within his living area the greater part of the time. He does not invade or disturb the neighbors privacy. She also referred to the small town atmosphere and Doc Thomas and his horses. She then asked that their horse, Southern Skies, be allowed to remain part of their family. Eduardo Cutie, signed in and addressed the Board. He stated that there was an error, which Bill Mackey can confirm, in the original citation which Ms. Vazquez read. Mr. Cutie explained that they complied by obtaining permission from their neighbors long before bringing the horse and before building the fence to keep the horse on the property. The papers were submitted to Mr. Mackey before the end of 1991 and the horse has only been on the property for a couple of weeks. Mr. Cutie believes that the problem is the misunderstanding or misreading on the part of the Building and Zoning Department of what the regulation says. He advised that he is an English teacher and stressed that statements should be short, simple declarative 'sentences so that everyone can understand what they have read without having doubts. The code, however, is one sentence which is twelve lines long. Therefore, he understands how the staff may have misinterpreted the literal meaning, as well as the intent of the code. � v atz) Mr. Cutie then explained the enclosure for the horse is 15 feet from their pool and there are no flies or odors. He cleans twice a day, places wastes in hefty bags and takes it to the dump once a week. The neighbors not only signed the approval, but also signed additional letters stating they have no problem with the horse. He also has an opinion letter from an attorney on letterhead stating that in his opinion they are in compliance. There are also two pages of definitions from Websters Dictionary included in the handouts. Mr. Cutie gave his personal opinion, interpreting the code in simple language as: "If you have a property in an RS-1 District, which is what we have, and it is at least one acre, which is what we have. We have almost an acre and a quarter. Then you are allowed to keep a horse. If you keep a horse on this property, without getting anybody's permission, as long as the horse is housed or fenced. The attorney for Greenberg Taurig says "or fenced" . This is the key, housed or fenced. When you are talking about horses, housing means a barn and fence means a coral. The horse must be housed or fenced at least 100 feet from your neighbors. Since I digressed, let me say that one more time. As long as you have one acre or more in RS-1 zoning you can keep a horse without getting anybody's permission, as long as you stable the horse 100 feet from the neighbor's. Now if you want to stable the horse as close as 50 feet from the neighbor's, you can do that too. Just get permission in writing from the neighbors and bring it down to City Hall. Well, we did that. All of the neighbors gave us permission in writing. The horse is not just housed or fenced, the horse is housed and fenced 50 feet or more from the neighbors. Our property is 142 feet wide, and we measured 50 feet from the Gary's, who live on the west side, and we built a 40 foot long enclosure 20 foot wide, with City permit, by the way. Therefore, we have at least 51 to 52 feet on the other side of the enclosure to the Alonso's house on the east side of our property. So we are in compliance. I have a building permit. " "What the Building and Zoning Department is saying, not that the horse must be housed no closer than 50 feet, they are interpreting the law to say that the horse can never set foot within 50 feet of the neighbors. Which I find to be an incorrect interpretation for a number of reasons. One, if you read the regulations that I copied, the regulation that precedes horses is chickens. They spent three pages telling you about chickens. They tell you how often you have to clean out the manure for the chickens, how you have to dump it, great detail. If the people who wrote the code intended for horses to never set foot within 50 feet, they would have simply said so, but they didn't. They said the horse must be housed no closer than 50 feet. There have been horses in this RS- 1 zoning area, Nelson Homesites, for many years. Mrs. Amos used to have two horses on her property. Mr. Hoskin used to have three horses on his property. That was when their kids were growing up, their kids are almost grown now and they don't have horses any I incidental to an existing residential use., if at least 50 feet from property under different ownership, provided such property owners' consent thereto, in writing, and such consent is furnished to the Building and Zoning Department." Mr. Berg says the key clause is the portion which begins with "however" . Mr. Berg agrees with the definition of "kept" , which Mr. Cutie handed out as the one Webster's Dictionary, "to cause to remain in a given place, situation, or condition." If we let them keep the horse in a place part of the time and another place part of the time, then it would be virtually unenforceable. You keep it where you keep it all of the time, or else you would be able to switch back and forth at any given time. Administration says the homeowner must keep and maintain the horse within the 50 feet at all times. There was then discussion regarding the County Ordinance stating that such animals are to be fenced within 50 feet, but the City Ordinance is more restrictive. The question is, "Can the property owner, for any amount of time they choose, let the horse within 50 feet of the property line for any amount of time they choose? We are saying the way this is written it says the animals must be kept and maintained at least 50 feet from the property. It doesn't say part of the time they can go into the 50 feet and part of the time they can't, they must be kept and maintained." There was then discussion between Mr. Cdtie and Attorney Berg regarding the definition of keep. Mr. Cutie believes the intent and actual definition are being missed. He stated that there have been horses in South Miami for many years, and this regulation was not interpreted in this fashion by the previous people in Building and Zoning. Mr. Cutie asked, "Why are they enforcing it in this fashion now?" He then stated, "Because of misinterpretation of the words. " He said they are housing the horse 50 feet from the neighbors and that it does not make sense to be allowed to have a horse on an acre, but that you can only use two percent of the acre. He does not believe that this is the intent of the code. Attorney Berg reiterated the fact that the issue is not that whether the horse can be kept on the property, that the issue is whether the horse can be moved within 50 feet of their neighbors at the discretion of these people. Attorney Berg believes that when you live in a metropolitan area with these varied uses, you have to sometimes give a priority as to how you wish to use the property. He also said he believes that there is a difference between keep and maintain, otherwise only one of the two words would have been used. Attorney Berg said that all but the 50 feet may be used for the horse, and that it is the decision of the property owner as to how to use the remainder of the property. If they choose to have a house and a pool in the middle of the lot, that is their decision. He then explained administration's position is, "the way this is presently written, the Code Enforcement Officer's are required to cite someone for violation when they choose to not keep the horse, when they choose to deliberately put the horse within the 50 foot zone. " more. Their kids used to ride horses along the side the streets for many years. These regulations were never enforced. They were never enforced by Building and Zoning the way they are being enforced now. Common sense would tell you that if you have one acre and all you can use is an enclosure 40 feet wide, you are using maybe two percent of the acre. It doesn't make sense that I cannot ride my horse around my property, because I am setting foot within 50 foot." John Sauvigne then asked if the City had received a complaint. Building and Zoning Director Lama explained that one anonymous complaint had been received. However, even without a complaint, Director Lama says the code clearly states that the horse must be kept 50 feet from adjacent property lines. Director Lama then stated that if they want to let the horse out of the area with the chickee, then they must erect a fence 50 feet from the property line, which is the oniy way to keep the horse from getting too close. There was then discussion about erecting two additional fences, which would divide the property into three areas. Mr. Cutie then contested Director Lama's statement that the code is very clear. He said it is not very clear. He said Attorney Berg agreed with him over the phone that this is clearly ambiguous. He said Director Lama, who is not an attorney, cannot state that it is clear. "If it were clear, we would not be here tonight," said Mr. Cutie. Mr. Berg stated that he does not recall that comment, he recalls saying he did not have that section in front of him. Mr. Sauvigne asked if the horse can be ridden through the neighborhood. Director Lama stated that you probably can through the neighborhood, but not within 50 feet of the adjacent neighbor's property line. Mr. Sauvigne asked if they can ride it by the fence, and Director Lama said not under the present ordinances. Georgina Pardo said she doesn't understand why you would be allowed to own a horse and not enjoy it. She asked for a clarification and approval to enjoy their pet. Dean Dellis asked for a sketch showing the property line and the fence. Director Lama presented a survey from the file to the Board. There was then discussion between Director Lama, Dean Dellis and John Sauvigne. The 50 foot restriction area was pointed out. It was again stated that they could ride on the street, just not within 50 feet of the adjacent property line. Mr. Berg then gave his opinion by reading the section of the code first. "In RS-1 Districts it shall be permissible to keep and maintain horses, not to exceed one, horse per acre, providing such use is incidental to an existing residential use, and the area used to keep and maintain such animals is a part of the residential site, and further providing that such animals will be house or fenced at least 100 feet from the property under different ownership, however, such animals may be kept and maintained if Q Miriam Weiss then stated that she believed it seems inhumane to keep the horse in that little enclosure. Dean Dellis asked if the solution would be to build another fence within 50 feet of the property lines. Director Lama said that would be one solution. John Sauvigne made a motion as to his interpretation being that maintaining and keeping is the housing of the horse during a certain period of time, night time, feeding time, whatever, it pertains to the housing of him, and moves that at this time there be found no violation. Seconded by Miriam Weiss. Vote: Approved: 5 Opposed: 0 The following discussion occured during the New Business section of the Meeting. Rev. Orjuna explained to the Board that they should be very careful as to how they express their opinions. The Board's decisions can cause the City unnecessary costs' if any of these cases are taken to court. Director Lama explained in regards to the horse that now the City is having to enforce something which the Board has given the person ability to do against the law. John Sauvigne said there is a difference where he is maintained and fed rather than a nuisance, which would be covered under another ordinance in reference to smells, etc. Director Lama then stated that the smell was the type of complaint which was received. Rev. Orjuna asked for more definitive description for the Board to enforce. Director Lama and Attorney Berg explained that it is not very easy to enforce since the Board decided differently. Attorney Berg then questioned how the City is to deal with this, presumably the idea was to basically keep the horse 50 feet away. How much time can the horse be within the 50 feet? Director Lama then stated that if the Board does not think it is fair or right to have that legislation, then tell the Commission to change it. Building and Zoning is now in the middle of having to enforce something that is unenforceable. Dean Dellis stated that if such an issue came up again, the Board would probably rule the same way, and if it means altering the ordinance that can be done. Attorney Berg stated that this is the complaint that was brought to Director Lama and himself, that it appeared to be within a violation of the ordinance as written. Rev. Orjuna stated that his problem was that the ordinance was not clear enough for him to make an intelligent judgement call. Dean Dellis commented that the ordinance is enforced unequally throughout the County. The Board discussed and agreed that a smell may have been a problem, but this was not the issue. r HORSE-SENSE (Colloq.) Stable thinking with the ability to say"Nay". e S q ��oNa 'T71►�W �j•I► 199,2<-06-19 13 16 CALL US BEFORE SENDING A FAX 005 P02 /D MEMORANDUM DATE June 19, 1992 TO William F. Hampton, City Manager FROM Martin David Berg, City Attorney RE ; Code Sec. 5-3.1 Horses in residential districts This is a follow-up to my Memorandum regarding Code Sec. 5-3.1, dealing with horses in residential districts . On Tuesday June 16, the Commission indicated it did not agree with the conclusions of law, and consequent decision, of the Code Enforcement Board . The Manager was instructed to continue to enforce the Section and the Board was to be made aware of the Commission's interpretation of the Section. This will be carried out as to all future alleged violations . A question remains as to whether the alleged violator (whose case was already heard by the Board) can be re-cited, based on the same alleged violation. I believe not, unless either there is a change in the Ordinance or a change in the facts constituting the violation. My rationale is Florida Statute 162.11, which states An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the Circuit Court . Such . . . appeal shall be filed within 30 days of execution of the Order to be appealed. In this case, +'may" means the aggrieved person is not obligated to file an appeal, but if he chooses to do so, this Section sets forth to whom and when it is to be done . Compared to the relative undesirability of the City suing its "own" Board, I would suggest requesting an amended Ordinance . Thereafter, if anyone ( including the former alleged violator ) is in violation of the new Ordinance, the matter can be brought before the Code Enforce- ment Board in the normal course of events . i F.S. 1991 COUNTY OR MUNICIPAL CODE ENFORCEMENT Ch. 162 fine may be imposed if the order is not complied with by such order may be enforced in the same manner as a said date. A certified copy of such order may be rec- court judgment by the sheriffs of this state, including orded in the public records of the county and shall con- levy against the personal property, but such order shall stitute notice to any subsequent purchasers, succes- not be deemed to be a court judgment except for C sors in interest,or assigns if the violation concerns real enforcement purposes.A fine imposed pursuant to this f property,and the findings therein shall be binding upon part shall continue to accrue until the violator comes into I the violator and, if the violation concerns real property, compliance or until judgment is rendered in a suit to any subsequent purchasers, successors in interest, or foreclose on a lien filed pursuant to this section, which- assigns.If an order is recorded in the public records pur- ever occurs first. After 3 months from the filing of any suant to this subsection and the order is complied with such lien which remains unpaid,the enforcement board by the date specified in the order, the enforcement may authorize the local governing body attorney to fore- board shall issue an order acknowledging compliance close on the lien. No lien created pursuant to the provi- that shall be recorded in the public records. A hearing sions of this part may be foreclosed on real property is not required to issue such an order acknowledging which is a homestead under s.4,Art.X of the State Con- stitution. compliance. History.—s.1,ch.80-300;s.8,ch.82-37;s.2,ch.85-150;s.8,ch.86-201;s. Hbtory.—s.1,ch.80-300;s.6,ch.82-37;s.44,ch.83-217;s.6,ch.86-201;S. 2,ch.87-391;s.8,ch.89-268. 6,ch.89-268. Note.—Former s.166.059. Note.—Former s.166.057. 162.06 Powers of enforcement boards.—Each 162.10 Duration of lien.—No lien provided under the enforcement board shall have the power to: Local Government Code Enforcement Boards Act shalt (1) Adopt rules for the conduct of its hearings. continue for a period longer than 20 years after the certi- fied copy of an order imposing a fine has been recorded, .5(2) Subpoena alleged violators and witnesses to its unless within that time an action to foreclose on the lien hearings.Subpoenas may be served by the sheriff of the is commenced in a court of competent jurisdiction.In an yibounty or police department of the municipality. action to foreclose on a lien,the prevailing party is enti hearings.Subpoena evidence to its •�; . ( 9 fled to recover all costs, including a reasonable attor- _ €.N (4) Take testimony under oath. ney's fee,that it incurs in the foreclosure.The continua- (5) Issue orders having the force of law to command tion of the lien effected by the commencement of the 1Ai}latever steps are necessary to bring a violation into action shall not be good against creditors or subsequent compliance. purchasers for valuable consideration without notice, rlNlitory._s.1,ch.80-300:s.7,ch.82-37;s.7,ch.86-201;s.7,ch.89-268. unless a notice of lis pendens is recorded. NOW—Former s.166.058. History.—s.9,ch.82-37;s.9,ch.86-201;s.9,ch.89-268. !! 62.09 Administrative fines; liens.— ,.� 162.11 Appeals.—An aggrieved party,including the �1) An enforcement board, upon notification by the local governing body, may appeal a final administrative ` + e inspector that an order of the enforcement board order of an enforcement board to the circuit court.Such 'i not been complied with by the set time or,upon find- an appeal shall not be a hearing de novo but shall be lim- that a repeat violation has been committed, may ited to appellate review of the record created before the „ order the violator to pay a fine in an amount specified in enforcement board. An appeal shall be filed within 30 Is section for each day the violation continues past the days of the execution of the order to be appealed. . e set by the enforcement board for compliance or,in History.—s.1,ch.80-300:s.10,ch.82-37;s.3,ch.85-150;s.10,ch.86-201. ease of a repeat violation,for each day the repeat vio- Nete.—Former s.166.061. n continues past the date of notice to the violator of 162.12 Notices, jepeat violation.If a finding of a violation or a repeat (1) All notices required by this part shall be provided ion has been made as provided in this part,a hear to the alleged violator by certified mail, return receipt dell not be necessary for issuance of the order requested; by hand delivery by the sheriff or other law Ong the fine. enforcement officer, code inspector, or other person a);.A fine imposed pursuant to this section shall designated by the local governing body; or by leaving Geed$250 per day for a first violation and shall not the notice at the violator's usual place of residence with $500 per day for a repeat violation. any person residing therein who is above 15 years of age An.determining the amount of the fine, if any,the and informing such person of the contents of the notice. _ ment board shall consider the following actors: O providing 9 2 In addition to rovidin notice as set forth in sub- ; +� The gravity of the violation; section(1),at the option of the code enforcement board, sAny actions taken by the violator to correct the notice may also be served by publication or posting,as i and follows: }piny previous violations committed by the viola- (a)1. Such notice shall be published once during the each week for 4 consecutive weeks (four publications s, An enforcement board may reduce a fine being sufficient)in a newspaper of general circulation in .pursuant to this section. the county where the code enforcement board.is :certified copy of an order imposing a fine may located. The newspaper shall meet such requirements ed in the public records and thereafter shall as are prescribed under chapter 50 for legal and official 11 e a lien against the land on which the violation advertisements. fy and upon any other real or personal property 2. Proof of publication shall be made as provided in ,by the violator.Upon petition to the circuit court, ss.50.041 and 50.051. 987 �f. I i� Mayor McCann removed tier resolution , which was an amendment to the resolution captioned on the previous page . That resolution failed so amendment is a moot point . Vice-Mayor Cooper that he feels the resolution which failed after reconsideration he believes to be important . He would like to encourage more discussion , to have a workshop , and then rewrite the resolution and then submit it the following Tuesday for consideration . Hayor McCann said she agrees , but this action needs to be taken after the rest of this Special Meeting agenda . Ur , various dates can be mentioned and the Commission members can call the Clerk and let her know what dates they will be available . rDISCU,iS1UN- : Clarification of 5-3 . 1, Horses , of Chapter 5 , Animals and Fowl , of tine City's (,ode of Ordinances and, the Code Enforcement iioard proceedings . Mayor "IcCann explained. that an item had come before the Code Enforcement Board concerninv keeping* a horse in a residential area . The Code provides that the horse must be housed and be kept lii(i' from the property line or no less than 50' from the property line if the neighbors so consent . The matter has gone to the Code Board and the Code Board members ao not want to have the horse restricted to such a small area . Mayor ilcCann said the discussion is not to judk;e the merits of the law , but what happens when the Code , the Attorney , the Manager and the laws of Dade County all saying one thing and the members of the Coae Enforcement Board disagree . Commissioner Carver said he thinks the City Ordinances must be upheld and the Code Enforcement Koard should not vote in the contrary . It is not a matter of opinion , but what the law states ; the Board is acting; in a quasi -judicial capacity . Vice-:,favor Cooper said if there are those who do not like the law, then a change must be sought . Although the way the law is written , using the 100' provision , the Horse would be left with an area of only 8 ' by t' ' . Mayor ;•icCann suggested that the City Attorney and City Manager meet with the Code Enforcement hoard to explain the duties and responsibilities of the ;;Oard as it pertains to the City 's laws . Special CC:•1 3 / 1b /92 r .iayor McCann added that she appreciates the opinions from any member of any Hoard and if they want the Commission to review any laws , tney can request the Commission do this . Citv Manager said that maybe the Board members should be informer that attorney 's opinions at the hearings are final . If. those cited to appear before the Board do not agree with the rulings of the attorney and the Board , the next step is to appeal to the courts . Commissioner Carver said he disagrees with part of this . There may be instances when the Code Enforcement Board dismisses complaints and waives fees as long as the goal of fixing up the citea property is accomplished . However , when members of the community continually violate the law and then come into compliance just prior to their hearings , they shoulci still be compelled to pay their fines . City Attorney said the Board has been informing violators z that if they become repeat violators , the Florida Statutes provide that stronger penalties can be enforced . Mayor McCann concluded that the City does try and give pertinent information to every Board member . City Hanager said that the City Attorney has directed him to continue to enforce the law relative to this issue . ,•iayor McCann asked each Commission to review their calendars and choose between June IS and June 23 as possible meeting dates . The Special City Commission adjourned at 7 : 45 P.h . This meeting was immediately followed by a workshop session wherein the Commission was addressed by i'.r . John Geanes , President of South Miami hospital , who spoke about community healtl! concerns . Special M! -4- 5 / 16 /92 r j w J r City of South Miami INTER—OFFICE MEMORANDUM - TO: William F. Hampton DATE: 15 June 92 : City Manager FROM' SUBJECT: Sonia Lama, AIA Code Enforcement Board Building & Zoning i ector Cutie Horse Information Please, find enclosed the information you requested concerning the Code Enforcement Board Meeting of June 11, 1992, dealing with property located at 6800 S.W. 67 Street. uae e� 1992-06-15 15 12 CALL US BEFORE SENDING A FAX 007 P01 MEMORANDUM DATE : June 15,. 1992 TO : William F. Hampton, City Manager FROM Martin David Berg, City Attorney RE : Code sec. 5-3.1 Horses in residential districts amcsssa�t�as��n�7a�.artmFSSaa==ammssoaaaa��::sasaaanx==xsssaa�xaaosas The last clause of Section 5-3.1 (copy enclosed) allows horses to be "kept and maintained . . . at least fifty (50) feet from property under different ownership, provided such property owners consent thereto in writing . " At the Code Enforcement Board meeting of June 11, a home owner was charged with violation of this section. The home owner admitted that, for at lest three hours a day, he rode and/or grazed his horse within 50 feet of his neighbors ' property. He argued this was acceptable under the Code, because the Code has historically been interpreted that way and because the Code did not prohibit the riding/grazing, so long as there was an area where the horse was housed during most of the day. The Administration took the position that "kept and maintained" meant kept and maintained all the time, not most of the time . The City Attorney agreed The Board indicated the section not clear to them and they did not like the fact that the home owner would either have to keep the horse .within its corral all the time or build other fences which would keep the horse 50 feet from the neighbor 's property line . The Board found no violation by 4 - 0 vote . You ask what the Administration should do in that it appears if the Administration brings further cases to the Board, the Board will not follow the. Adminstration's interpretation of the Ordinance. The Administration must continue to enforce this section, just as it must enforce all section of the City's Ordinances . Therefore, - the Commission should be advised . The Commission can a. agree with the Board position on this issue and so advise the Adminstrationl b. disagree with the Board position on this issue and so advise the- Board; c. amend the Section to more- clearly reflect its intention with- t regard to the- subject matter of the section. § 5-2.4 SOUTH MIAMI CODE § 5.4 and imprisonment, within the discretion of the municipal judge. Each day that a violation is permitted to exist shall constitute a separate offense. Upon conviction of a violation or violations of this ordinance [sections 5-2 through 5-2.4 of this Code], the helth department may revoke the permit is- sued under authority of this ordinance [sections 5-2 through 5-2.4 of this Code]. (Ord. No. 343, § 5, 4-3-56) Editor's note—See editor's note following § 5.2. Sec. 5-3. Domestic animals running at large—Prohibited. It is and shall be unlawful for any domestic animal, hog, cow, horse, swine, sheep or goat, to run at large within the city limits of the city. (Ord. 27, § 1, 8-2-27; Ord. 123, § 1, 11-23-39) Sec. 5-3.1. Horses. In RS-1 Districts, it shall be permissible to keep and main- tain horses, not to exceed one horse per acre, providing such use is incidental to an existing residential use and the area used to keep and maintain such animals is a part of the resi- dential site and further providing that such animals will be housed or fenced at least one hundred (100) feet from prop- erty under different ownership; however, such animals may be kept and maintained if incidental to an existing residen- tial use if at least fifty (50) feet from property under dif- ferent ownership, provided such property owners consent thereto in writing and such consent is furnished to the build- ing and zoning department. (Ord. No. 947, § 1, 7-19-77) Sec. 5.3.2. Hoofed animals. It shall be unlawful to keep and maintain in the corporate limits of the city any hoofed animals other than horses, as permitted by zoning regulations. (Ord. No. 947, § 1, 7-19-77) Sec: 5-4. Same—Impounding. Any animal listed in the preceding section found to be running wild within the city limits may be impounded by the Supp. No. 23 56.2 / ARTICLE XXI. EU-1 SINGLE-FAMILY ONE ACRE ESTATE DISTRICT* Sec. 33-226. Uses permitted. No land, body of water and/or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed or structurally altered or maintained in any district of EU-1 classification, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided herein, excepting for one or more of the following uses: (1) Every use as one family residence, including every customary use not conflicting therewith. (2) Guest house and/or servants quarters (incidental to principal residence only). (3) Raising of Poultry.and fowl provided same are not kept within one hundred (100) feet of a residential building on adjoining property nor within fifty (50) feet of a side or rear property line and provided further that in no case shall the size of a flock of poultry or fowl exceed twenty-five (25) in number (incidental to existing residential use). 4 It shall be permissible to keep and maintain any com- bination of the following animals, not to exceed two (2) in number; horses and cows, provided (1) such use is incidental to an existing residential use, (2) the area used to keep and maintain such animals is part of the residential site, and (3) that such animals are fenced at least fifty 50 feet from ro ert under different ownershi . maintained for each acre in excess of the first acre that is part of the residential site on those estates which are five (5) acres or less in size. On those estates which are between five (5) and nine (9) acres in size, one additional animal may likewise be kept and maintained for each additional two (2) acres that forms part of the residential site larger than five (5) acres. On those estates which are larger than nine (9) acres in size, one additional ani- mal may likewise be kept and maintained for each additional five (5) acres that forms part of the resi- dential site larger than nine (9) acres. The total of all such animals shall not exceed ten (10). In no event shall the property be used for the keeping of such animals owned by others than those residing on the property. The director may waive the set back re- quirements between any portion or all of the subject property and the abutting properties, provided the abutting property owner or owners consent thereto in writing to the director, and the director finds the public health, safety or welfare would not be detri- mentally affected; provided however that the director may revoke the said waiver if he finds that the condi- tions pertinent thereto have changed. All animals so kept and maintained shall be housed in properly con- structed stalls, stables, or places of shelter approved as to location and construction by the building de- partment. Supp. No. 139 988.3 Metro—Dade Code 6 5.01 DADE COUNTY CODE i 5.03 L shall be abolished without approval of a majority of its electors voting in an election called for that purpose. The right of self determination in local affairs is reserved and preserved to the municipalities except as otherwise provided in this Charter. Annotation—Municipal Autonomy Amendment. Supreme Court held that proposed autonomy amendment to Home Rule Charter whereby mu- nicipalides in county would maintain continuous right to exercise all Powers whether granted by own charter, by special act or general state statute was invalid and unconstitutional in part, but not to such an extent that submission of the amendment to the electorate was improper. Dade County and Cicero and Girtman v. Dade County League of Munici• palities, Fla., 104 So. 2d 512. Sec. 5,02. Municipal powers. Each municipality shall have the authority to exercise all powers relating to its local affairs not inconsistent with this Charter. Each municipality may provide for higher standards of zoning, service, and regulation than those pro- vided by the Board of County Commissioners in order that its individual character and standards may be pre- served for its citizens. Sec. 5.03. Municipal charters. (A) Except as provided in Section 5.04, any municipality in the county may adopt, amend, or revoke a charter for its own government or abolish its existence in the following manner. Its governing body shall, within 120 days after adopting a resolution or after the certification of a petition of ten per cent of the qualified electors of the municipality, draft or have drafted by a method determined by municipal ordinance a proposed charter, amendment, revocation, or abolition which shall be submitted to the electors of the municipalities. Unless an election occurs not less than 60 nor more than 120 days after the draft is submitted, the proposal shall be submitted at a special election within that time. The governing body shall make copies of the proposal available to the electors not less than 30 days before the election. Alternative proposals may be submitted. Each pro- posal approved by a majority of the electors voting on such Proposal shall become effective at the time fixed in the proposal. Supp. `o. 12" 26 •D,r stn vrr - I / ! PIL DaDt County '..• • '+ y + I( s_ PIPI 'tt UT > L , ,• I' S.:U7N MIAMI F/f10 r t , t Y, PR' • s a 7 /e a•( to a •/ f5 a - . S.' L7'• �� i 7' . S , a IL e ' y 7 rf l ! • K • ,0 4 S W .V. 4 ,t 0 MEN � t ,dC CT a �3' a �• it �a '• � ' f � • f r� TRACT II TRACT 14 TRACT 15 t • �Ii`t. • e 'II` V '�~ 1•y Q + I L• � , . h I� i•u ! � •., E TR ACT n rR ALr 0 e ___ ,.• Tie � . I 3� ; IV e _ » Sr+ LL» A T TRACT 6L TRACT 7 TRACT R I !'• V '' 7. I V )117 • l • 7 `{ W. a 7 7 ` y T f Z • L 1� i�• v �l•' 'r T 1 TRACT• TRA'IT , TRACT 1 ! 1 y �7: ' •: i ; _ i �7 1 ,',•i r l ■ MUER • j, ' , M V L ♦+ 2e I •r ' 3 _ ' r 1= D � � e LOa•ar, 0� l f• i t JR PR ! t n 7 T , r1 1 dIr If �..r Jrr !r..♦.IO I'• -, � I ,' i h •�'�I' j ■ a.,,..,. i Y I , •r 9 1 '( 1 Js lQ' 77f • r r • • -.. . 7 4. ` T Y•. rn ,u •,d A I V 21—t I S rf , r ail• 1rr..' • L1, r, llf 1 V# ..t t Y• y, . e r V l T ;t s • t I I 7 !L = t1 i= , I r v "yy s � -- 1 � a t IN � , r • I � Ste' 'i+ /0 rcle L +r•E z m ft r, SI nb a u � �� Y\ �c� l0 �• - 6j m' Ul z rm- N O Z ^" S y ' b rr {} Q M I. �o n (� � c�m•�h dank c M `cJ So b n c � �. eel- It ly Ad CLAC . �l G'C/�c-STG3Ehi� t �• `.�.�` ••\�:..� tip Gov j 4 j 2 4a5(a. GL ruNE of a//✓ •, ti C=T Y O F SOUTH M=AM= ----- PERMIT IN ON ------ Permit Number : _ q38 -------- LOCATION INFORMATION ------ - Permit T BUILDING- Address : 6800 SW 67 STREET' Class of Work : FENCE Type : SOUTH MIAMI , FL 33143 Constr. Type : N/A --------- LEGAL DESCRIPTION -------- Proposed Use: RESIDENTIAL Lot : Block: Section : Dwellings : 0 Code: 0 Township: RNG: 0 $0 . 00 Estimated Value : Subdivision: Improv. Cost : $3000 . 00 Total. Fees : $66 . 52z,- Amount Paid : $66 . Date Paid: 12/23 O Work Desc. . 41 WOOD FENCE, 5 ' C/L FENCV DOES ;`NO�' •XLhOW:� N_fi�J?�ID�:�IZT,Y OWNER INFORMATION ------ --- - Name: EDUARDO CUTIE BUILDING Address : 6800 SW 67 STREET ELECTRICAL SOUTH MIAMI , FL 33143 $0 . 00 Phone: (305) 858-7117 MECHANICAL $0 . 00 PLUMBING $0 . 00 CONTRACTOR INFORMATION --- TREE $0 . 00 UTILITY Name: GOMEZ & SON FENCE Address : 420 NW 120 AVE COUNTY MIAMI , FL 33182 RED TAG $0 . 00 License: 00-1496215 SIGN $0 . 00 Type. 4 RE-INSPECTION $0 . 00 MISC. FEE $0 . 00 RADON $0 .00 ••FA=LtJR TO COMPLY W x WH THE MEC21AHZ CB1 L.%►W Cl►Pt RESLJX'W X W THE PROPERTY OWNER PAY=NC3 WW=CE FOR BUILD=I4G =MPROVEMENTS . NOTICE--ALL FORMS AND FOOTINGS MUST BE INSPECTED BEFORE POURING CONCRETE P ERM I T VO= D S I X MONTH S AFTER DATE O F Z'S S U E SEPARATE PERMITS MUST BE OBTAINED FOR BUILDING, ELECTRICAL, PLUMBING, MECHANICAL, ROOFING, ETC. . ISSUED ACCORDING TO PERMIT APPLICATION AND APPROVED PLANS WHICH ARE PART OF THIS PERMIT AND IN ACCORDANCE WITH THE ABOVE STATEMENTS AND CITY OF SOUTH MIAMI BUILDING AND ZONING CODES. I AM RESPONSIBLE FOR THE SUPERVISION AND COMPLETION OF THE CONSTRUCTION. CITY OF SOUTH MIAMI BUILDING DEPARTMENT BY 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 6338 00,1 12 23/91 TOTAL 66 . 50 w i,iii I i I ..i VICTORIOUS: ' k' 2 f � Eduardo Cube and Qlgl Pardo won the right to let y. x.;.. Southern Skies roam their land. _ RAUL RUBIERA/Miami Harald Staff Horse sense carries the dhy' w. zo nzoning, case By ANTHONY FAIOLA feet away from his neighbors' closer than 50 feet to his-neigh- bors'Herald Staff Writer property, He was giving it the property, and that his is It seems South Miami is truly a freedom of his land.That vio• not. He insisted it was foolish to one-horse town. And the owners laced the codes." think the law was meant to pro- of the chestnut thoroughbred South Miami summoned Cutie 1 hibit his horse from frolicking have been able to buck the sys- to its Code Enforcement Board next to a neighbor's fence. tem. . Thursday night, where he could The Code Enforcement Board Two weeks ago. Eduardo Cutie have faced fines of up to $250 agreed — unanimously. and his wife,Gigi Pardo,brought per day for keeping the horse "I think it's criminal to tell him their thoroughbred Southern inside city limits. Both Lama and you've got to keep the horse . Skies to. their one-acre-plus city attorney Martin Berg .said cooped up in a small enclosure South Miami home in the 6000 Southern Skies should not. be', 50 feet from his neighbors," said ,block of Southwest 67th Street. roaming on the couple's prop- .Miriam Weiss,code enforcement Only a few days later, South ertyy. board member. . Miami code enforcement officers Lie, who brought letters. For Cutie, a vide president At appeared. signed by neighbors stating they . City National Bank of Florida "To our knowledge, it is the don't mind the 4-year-old horse's . and part-time English teacher, only horse in the city," said presence, disagreed with the the decision was a relief. Sonia Lama, South Miami ton-. city's interpretation of the law, "I understand the city was just ing director."The code allows for He said the code is intended to doing it's job,but I knew we were the horse, but he Must keep it 50 make sure his horse is not stablW right," he said. GBEENBEBG A T T O R N F. Y S A T L A W IBflBBIG Leonard J.Adler Kenneth Edelman Matthew B.Corson Wesley A.Lauer Debbie M.Orshefsky Gary A.Siplicr Fernando C.Alonso Charles W.Edgar,III Marc J.Gottlieb David M.Layman Stevan J.Pardo Holly R.Skolnick .esar L.Alvarez Gary M.Epstein Dianne Greenberg Alan S.Lederman Marshall R.Pasternack Laura P.Stephenson .inda C.Andrews Wayne Fitterman Melvin N.Greenberg Moshe M.Lehrfield Byron G.Petersen Joel L.Stocker )avid T.Azrin Michelle.Fongyee Sandra P.Greenblatt Marc S.Levin Albert D.Quentel Robert H.Traurig :aria M.Barrow Adrienne L.Friesner Robert L.Grossman Norman H.Lipoff Joel Reinstein Brian J.Walsh Terri L.Barsh Robert C.Gang Barbara A.Hall Carlos E.Loumiet Mark J.Reisman Jeffrey Weithorn filarie Bass Teresita Garcia Paige A.Harper Juan P.Loumiet Luis Reiter Howard W.Whitaker Dorman J.Benford Wendy Garcia Peter J.Henn Bruce E.Macdonough Kenneth B.Robinson Robert C.White,Jr. dark F.Bideau Richard G.Garrett Alberto M.Hernandez Robert P.Macina Raquel A.Rodriguez Jerrold A.Wish dark D.Bloom Brian K.Cart C.Hernandez-Lonstein Alfred J.Malefatto Alan 11.Rolnick Robert M.Wolf toward Bregman Jeffrey Gilbert William T.Hess Ines Marrero-Priegues Marvin S.Rosen Timothy D.Wolfe rancis B.Brogan,Jr. Laurie L.Gildan Kenneth C.Hoffman Pedro J.Martinez-Fraga Richard A.Rosenbaum Curt Bruton Bruce H.Giles-Klein Larry J.Hoffman Joel D.Maser Ronald M.Rosengarten try Choueke Richard J.Giusto Gerald J.Houlihan Juan J.Mayol,Jr. David L.Ross Arnold J.Hoffman,of Counsel iue M.Cobb Lawrence Godofsky Keith A.James John T.Metzger Gary A.Saul Allan Salovin,of Counsel '..Frank Cordero Alan S.Gold Martin Kalb Louis R.Montello Mark P.Schnapp Brian J.Sherr,of Counsel kbert A.del Castillo Joel K.Goldman David S.Kenin Brent L.Moody Clifford A.Schulman Marc M.Watson,of Counsel ' clan T.Dimond Steven E.Goldman Timothy E.Kish Janet L.O'Brien Paul E.Shapiro .ucia A.Dougherty Steven M.Goldsmith Steven J.Kravitz Maury R.Olicker Enrique Silva [avid A.Eastman Joseph G.Goldstein Steven A.Landy Rebecca R.Orand Marlene K.Silverman Zachary H.Wolff,Retired i'illiam B.Eck Steven S.Goodman Nancy B.Lash Sheri L.Orlowitz Stuart H.Singer June 11, 1992 City of South Miami Building and- Zoning Department City Hall 6130 Sunset Drive South Miami, FL 33143 Dear Sir or Madam: This letter is on behalf of Eduardo and Gigi Cuti6, who live next to our house on 67th Street; it should constitute consent from my wife and I so that Mr. and Mrs. Cuti6 may keep a horse on their property without having to make any further improvements. Please also accept this letter as an opinion of counsel regarding the interpretation of Section 5-3.1. of the South Miami Code. At the request of Mr. and Mrs. Cuti6, I have reviewed Section 5-3.1. to determine whether they are required to erect a new fence on their property which would keep the horse at least 50 feet from our property. The language of Section 5-3.1. allows horses on property if the animal is "housed or fenced" within 50 feet from property under different ownership, provided such property owners consent in writing: - The use of word "or" in Section 5-3.1. should be interpreted to permit an alternative: either the horse must be "housed"- at a distance at least 50 feet from neighboring property, or it must be "fenced" at such distance. GREENBERG,TRAURIG,.HOFFMAN, LIPOFF,ROSEN tot QUENTEL,P.A. 1221 BRICKELL AVENUE MIAMI,FLORIDA 33131 305-579-0500- FAx 305-579-0717 MIAMI (FORT LAUDERDALE WEST PALM BEACH `` City of South Miami June 11, 1992 Page 2 In my opinion, Section" 5-3.1. permits Mr. and Mrs. Cuti6 to maintain a horse on their property if the animal is "housed" at least 50 feet from neighboring property. Since the stable erected by Mr. and Mrs. Cutie is more than 50 feet from the property of all neighbors, they are in compliance with Section 5-3.1. Having "housed" the horse as required by the regulation, they are not also required to erect a fence which would. keep the animal 50 feet from neighboring property. As residents of South Miami and friends of Mr. and Mrs. Cuti6, my wife and I would appreciate it if you would allow Mr. and Mrs. Cuti6 to keep their horse on their property as they have proposed. Sincerely yours, FERNANDO C. ALONSO FCA:dvr GRF.FNBFRG TRA-Aff; ;I' .:11 . ..1 . 1• ' 1. 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' ,��it � dtwa,� - '.�," ,r'' Y'".�-'1: ' yv�icO, 2 05 38 CNB MAIN OFFICE 305-5777460 0 To the City of South Miami l IN ACCORDANCE WITH THE CITY .OF SOUTH MIAMI'S CODE REQUIREMENTS; THE UNDERSIGNED HEREBY GRANT PERMISSION TO EDUARDO J. CUTIE , WHOSE ADDRESS IS 6800 S.W. 67th STREET, TO KEEP A MORSE ON HIS FROP RrYT. MR. CUTIE HEREBY AGREES TO .FOLLOW PROPER NEIGHBORLY BEHAVIOR U..e. ,MANURE DISPOSAL) SO THE UNDERSIGNED WILL NOT BE INCONVENIENCED. Mr. E.B. 'G.;` ,.,�; A .,. ` 683.: S.W 67th ST. Mr. Robert L. Floyd aA.W. 68th St. tiv � , *:R. �uresh Mody � %J S.-W. 67th ST. Ms Carol Hughes: Dear Ms Hughes, you have apparently neglected to check your departmentsts own files, because as ou can copy, I have already complied with zoning requirements. sThisyform asv filed with Mr. Bill Mackey some seven (7) months a-go. I also built the requited enclosure in order to house .the horse as code requires . The building permit the city. -issued me through- Gomez and Son Fencing in January will confirm this. So, as you can sees I am not in violation of anything. Thank you. for showing so much interest in my. home and continuv:iu'sly. looking:.into my back yard. I'm sure that any prospective burglars will be discouraged by these actions... Fesl., ree to call at:_577=7395. if.you. have :any. questiona....: 56. CB-92223 Violation: Horse = Location: 6800 SW 67 Street Owner: Cutie, E. & Pardo, G. Chief Code Enforcement Officer Vazquez explained that Mr. Cutie is not keeping his horse 50 feet from property under different ownership. Chief Code Enforcement Officer Vazquez stated that the written consent of the neighbors has been submitted. Linda Koninsberg, attorney on behalf of the owners, explained to the Board that she was only there if the owners should require her assistance. Georgina Pardo, wife of Eduardo Cutie, signed in and addressed the Board, while her husband passed out additional information to the Board, including letters from neighbors, pictures of the property, and copies of the code. She then went on to explain that before purchasing their home, they checked the zoning to be sure horses were allowed. They contacted the City concerning bringing the horse to the house and followed the City guidelines in the Code. They constructed a fenced-in area by the pool which is 50 feet from each neighbor which is where the horse spends most of his time. They obtained the neighbors written permission before bringing the horse to their home. The neighbors seem to enjoy visiting the horse also. She believes it is important to understand the wording of the code, but that it is also important to understand the spirit of the code. The neighbors support their backyard horse. The horse is housed within his living area the greater part of the time. He does not invade or disturb the neighbors privacy. She also referred to the small town atmosphere and Doc Thomas and his horses. She then asked that their horse, Southern Skies, be allowed to remain part of their family. Eduardo Cutie, signed in and addressed the Board. He stated that there was an error, which Bill Mackey can confirm, in the original citation which Ms. Vazquez read. Mr. Cutie explained that they complied by obtaining permission from their neighbors long before bringing the horse and before building the fence to keep the horse on the property. The papers were submitted to Mr. Mackey before the end of 1991 and the horse has only been on the property for a couple of weeks. Mr. Cutie believes that the problem is the misunderstanding or misreading on the part of the Building and Zoning Department of what the regulation says. He advised that he is an English teacher and stressed that statements should be short, simple declarative sentences so that everyone can understand what they have read without having doubts. The code, however, is one sentence which is twelve lines long. Therefore, he understands how the staff may have misinterpreted the literal meaning, as well as the intent of the code. � v Mr. Cutie then explained the enclosure for the horse is 15" feet from their pool and there are no flies or odors. He cleans twice a day, places wastes in hefty bags and takes it to the dump once a week. The neighbors not only signed the approval, but also signed additional letters stating they have no problem with the horse. He also has an opinion letter from an attorney on letterhead stating that in his opinion they are in compliance. There are also two pages of definitions from Websters Dictionary included in the handouts. Mr. Cutie gave his personal opinion, interpreting the code in simple language as: "If you have a property in an RS-1 District, which is what we have, and it is at least one acre, which is what we have. We have almost an acre and a quarter. Then you are allowed to keep a horse. If you keep a horse on this property, without getting anybody's permission, as long as the horse is housed or fenced. The attorney for Greenberg Taurig says "or fenced" . This is the key, housed or fenced. When you are talking about horses, housing means a barn and fence means a coral. The horse must be housed or fenced at least 100 feet from your neighbors. Since I digressed, let me say that one more time. As long as you have one acre or more in RS-1 zoning you can keep a horse without getting anybody's permission, as long as you stable the horse 100 feet from the neighbor's. Now if you want to stable the horse as close as 50 feet from the neighbor's, you can do that too. Just get permission in writing from the neighbors and bring it down to City Hall. Well, we did that. All of the neighbors gave us permission in writing. The horse is not just housed or fenced, the horse is housed and fenced 50 feet or more from the neighbors. Our property is 142 feet wide, and we measured 50 feet from the Gary's, who live on the west side, and we built a 40 foot long enclosure 20 foot wide, with City permit, by the way. Therefore, we have at least 51 to 52 feet on the other side of the enclosure to the Alonso's house on the east side of our property. So we are in compliance. I have a building permit." "What the Building and Zoning Department is saying, not that the horse must be housed no closer than 50 feet, they are interpreting the law to say that the horse can never set foot within 50 feet of the neighbors. Which I find to be an incorrect interpretation for a number of reasons. One, if you read the regulations that I copied, the regulation that precedes horses is chickens. They spent three pages telling you about chickens. They tell . you how often you have to clean out the manure for the chickens, how you have to dump it, great detail. If the people who wrote the code intended for horses to never set foot within 50 feet, they would have simply said so, but they didn't. They said the horse must be housed no closer than 50 feet. There have been horses in this RS- 1 zoning area, Nelson Homesites, for many years. Mrs. Amos used to have two horses on her property. Mr. Hoskin used to have three horses on his property. That was when their kids were growing up, their kids are almost grown now and they don't have horses any incidental to an existing residential use, if at least 50 feet from property under different ownership, provided such property owners' consent thereto, in writing, and such consent is furnished to the Building and Zoning Department. " Mr. Berg says the key clause is the portion which begins with "however" . Mr. Berg agrees with the definition of "kept" , which Mr. Cutie handed out as the one Webster's Dictionary, "to cause to remain in a given place, situation, or condition. " If we let them keep the horse in a place part of the time and another place part of the time, then it would be virtually unenforceable. You keep it where you keep it all of the time, or else you would be able to switch back and forth at any given time. Administration says the homeowner must keep and maintain the horse within the 50 feet at all times. There was then discussion regarding the County Ordinance stating that such animals are to be fenced within 50 feet, but the City Ordinance is more restrictive. The question is, "Can the property owner, for any amount of time they choose, let the horse within 50 feet of the property line for any amount of time they choose? We are saying the way this is written it says the animals must be kept and maintained at least 50 feet from the property. It doesn't say part of the time they can go into the 50 feet and part of the time they can't, they must be kept and maintained." There was then discussion between Mr. Cdtie and Attorney Berg . regarding the definition of keep. Mr. Cutie believes the intent and actual definition are being missed. He stated that there have been horses in South Miami for many years, and this regulation was not interpreted in this fashion by the previous people in Building and Zoning. Mr. Cutie asked, "Why are they enforcing it in this fashion now?" He then stated, "Because of misinterpretation of the words." He said they are housing the horse 50 feet from the neighbors and that it does not make sense to be allowed to have a horse on an acre, but that you can only use two percent of the acre. He does not believe that this is the intent of the code. Attorney Berg reiterated the fact that the issue is not that whether the horse can be kept on the property, that the issue is whether the horse can be moved within 50 feet of their neighbors at the discretion pf these people. Attorney Berg believes that when you live in a metropolitan area with these varied uses, you have to sometimes give a priority as to how you wish to use the property. He also said he believes that there is a difference between keep and maintain, otherwise only one of the two words would have been used. Attorney Berg said that all but the 50 feet may be used for the horse, and that it is the decision of the property owner as to how to use the remainder of the property. If they choose to have a house and a pool in the middle of the lot, that is their decision. He then explained administration's position is, "the way this is presently written, the Code Enforcement Officer's are required to cite someone for violation when they choose to not keep the horse, when they choose to deliberately put the horse within the 50 foot zone." more. Their kids used to ride horses along the side the streets for many years. These regulations were never enforced. They were never enforced by Building and Zoning the way they are being enforced now. Common sense would tell you that if you have one acre and all you can use is an enclosure 40 feet wide, you are using maybe two percent of the acre. It doesn't make sense that I cannot ride my horse around my property, because I am setting foot within 50 foot." John Sauvigne then asked if the City had received a complaint. Building and Zoning Director Lama explained that one anonymous complaint had been received. However, even without a complaint, Director Lama says the code clearly states that the horse must be kept 50 feet from adjacent property lines. Director Lama then stated that if they want to let the horse out of the area with the chickee, then they must erect a fence 50 feet from the property line, which is the only way to keep the horse from getting too close. There was then discussion about erecting two additional fences, which would divide the property into three areas. Mr. Cutie then contested Director Lama's statement that the code is very clear. He said it is not very clear. He said Attorney Berg agreed with him over the phone that this is clearly ambiguous. He said Director Lama, who is not an attorney, cannot state that it is clear. "If it were clear, we would not be here tonight," said Mr. Cutie. Mr. Berg stated that he does not recall that comment, he recalls saying he did not have that section in front of him. Mr. Sauvigne asked if the horse can be ridden through the neighborhood. Director Lama stated that you probably can through the neighborhood, but not within 50 feet of the adjacent neighbor's property line. Mr. Sauvigne asked if they can ride it by the fence, and Director Lama said not under the present ordinances. Georgina Pardo said she doesn't understand why you would be allowed to own a horse and not enjoy it. She asked for a clarification and approval to enjoy their pet. Dean Dellis asked for a sketch showing the property line and the fence. Director Lama presented a survey from the file to the Board. There was then discussion between Director Lama, Dean Dellis and John Sauvigne. The 50 foot restriction area was pointed out. It was again stated that they could ride on the street, just not within 50 feet of the adjacent property line. Mr. Berg then gave his opinion by reading the section of the code first. "In RS-1 Districts it shall be permissible to keep and maintain horses, not to exceed one horse per acre, providing such use is incidental to an existing residential use, and the area used to keep and maintain such animals is a part of the residential site, and further providing that such animals will be house or fenced at least 100 feet from the property under different ownership, however, such animals may be kept and maintained if Miriam Weiss then stated that she believed it seems inhumane to keep the horse in that little enclosure. Dean Dellis asked if the solution would be to build another fence within 50 feet of the property lines. Director Lama said that would be one solution. John Sauvigne made a motion as to his interpretation being that maintaining and keeping is the housing of the horse during a certain period of time, night time, feeding time, whatever, it pertains to the housing of him, and moves that at this time there be found no violation. Seconded by Miriam Weiss. Vote: Approved: 5 Opposed: 0 The following discussion occured during the New Business section of the Meeting. Rev. Orjuna explained to the Board that they should be very careful as to how they express their opinions. The Board's decisions can cause the City unnecessary costs' if any of these cases are taken to court. Director Lama explained in regards to the horse that now the City is having to enforce something which the Board has given the person ability to do against the law. John Sauvigne said there is a difference where he is maintained and fed rather than a nuisance, which would be covered under another ordinance in reference to smells, etc. Director Lama then stated that the smell was the type of complaint which was received. Rev. Orjuna asked for more definitive description for the Board to enforce. Director Lama and Attorney Berg explained that it is not very easy to enforce since the Board decided differently. Attorney Berg then questioned how the City is to deal with this, presumably the idea was to basically keep the horse 50 feet away. How much time can the horse be within the 50 feet? Director Lama then stated that if the Board does not think it is fair or right to have that legislation, then tell the Commission to change it. Building and Zoning is now in the middle of having to enforce something that is unenforceable. Dean Dellis stated that if such an issue came up again, the Board would probably rule the same way, and if it means altering the ordinance that can be done. Attorney Berg stated that this is the complaint that was brought to Director Lama and himself, that it appeared to be within a violation of the ordinance as written. Rev. Orjuna stated that his problem was that the ordinance was not clear enough for him to make an intelligent judgement call. Dean Dellis commented that the ordinance is enforced unequally throughout the County. The Board discussed and agreed that a smell may have been a problem, but this was not the issue. HORSE-SENSE (Colloq.) Stable thinking with the ability to say"Nay". 1 �t a ��oKa 6 Chapter 5. ANIMALS AND FOWL.* Art. I. In General, §§ 5-1-5-6. Art. II. Dogs, §§ 5-7-5-15. Article I. In General. Sec. 5-1. City declared bird sanctuary. The territory embracing the corporate limits of the city is hereby declared to be a bird sanctuary, and it shall be unlaw- ful for any person or persons, to wound, trap or kill by shot, or otherwise, any bird or birds, within the territorial limits of thecity. (Ord. 34, § 7, 12-21-27.) Sec. 5-2. Poultry and fowl—Definitions. For the purpose of this ordinance [sections 5-2-5-2.41 the terms hereinafter set forth shall be defined as follows: (a) Poultry shall mean live chickens, turkeys, ducks and geese. (b) Fowl shall mean live guineas, pea fowls, pheasants and pigeons (except carrier and racing pigeons kept, har- bored, bred and maintained exclusively for such pur- pose. (Ord. No. 343, § 1, 4-3-56.) Editor's note.—The provisions of § 5-2 which appeared herein at the time this Code was published were derived from Ordinance No. 108 en- acted on November 2, 1937. The editors have deleted said provisions and included in lieu thereof the provisions of § 1 of Ordinance No. 343, passed and adopted on April 3, 1956. Sections 2, 3, 4 and 5 of Ordi- nance 343 appear herein as §§ 5-2.1, 5-2.2, 5-2.3 and 5-2.4. The repealing. and severability clauses, §§ 6 and 7, of Ordinance 343 have been omitted. Sec. 5.2.1. Same—Limitations and restrictions on mainte- nance within city—Enumerated, exception. Six months after the effective datet of this ordinance [sections 5-2-5-2.4] and hereafter, live poultry and fowl may *Cross reference.—Animals used in advertising, imitation of animals, §§ 19-113, 19-114. State law reference—For state law authorizing cities to regulate, prohibit and impound animals running at large within the corporate limits, see § 168.09, Florida Statutes. tEditor's note. Ordinance No. 343, from which §§ 5-2-5-2.4 were derived, was passed and adopted on April 3, 1956. Supp.No. 1 55 § 5-2.1 SOUTH MIAMI CODE § 5-2.1 be kept, harbored, or maintained in the City of South Miami_ subject to the limitations and restrictions hereinafter set forth (1) No live poultry and fowl shall be kept, harbored, or maintained unless the person, persons, firm, corpora- tion, copartnership or association owning or leasing or occupying the premises on which the poultry and fowl are kept, harbored or maintained, first shall secure, possess and maintain a permit from the Dade County Health Unit authorizing the use of the premises for such purpose. (2) In no event shall the owner or lessee or occupant of any premises, keep, harbor or maintain at any one time mure than, or in excess of, fifteen hens and thirty growing chicks. (3) No roosters shall be kept, harbored or maintained at any time. (4) No poultry and fowl pens or houses shall be situated less than one hundred feet from any human dwelling. (5) Poultry and fowl pens must be kept free from odors and free from fly breeding. (6) All food used for poultry and fowl shall be kept in suitable containers with tight fitting covers, so as to be inaccessible to rats and rodents. (7) All poultry or fowl droppings shall be removed from the pens at least twice weekly, wrapped in paper and placed in covered garbage cans for removal. Droppings shall not be used for fertilizer unless first treated so as to destroy fly maggots. (8 It shall - unlawful for any person, firm or corpora- tion own;,- or having the care or control of anv fowl or Poultry Upon any property in the City of South _.Mi- ami to suffer or permit the same to be at large beyond the confines of the premises owned or controlled by such owner or custodian and further the same shall Sup" Nu. i vV § 5-2.1 ANIMALS AND FOWL § 5-2.4 be confined as prescribed in section II, sub-section 4. [subsection (4) of this section]. The above limitations and restrictions shall not be appli- cable to poultry markets, provided, however, nothing herein contained shall be construed so as to authorize the operation of a poultry market in an unsanitary manner. (Ord. No. 343. § 2, 4-3-56.) . Editor's note See editor's note following § 5-2. Sec. 5-2.2. Same—Same—Exemption for clinical and medical research. The limitations and restrictions contained in section 2 here- of, [section 5-2.1 of this Code] shall not be applicable to prem- ises upon which guinea pigs, rabbits or chickens are kept, harbored, bred or maintained exclusively for clinical and medical research purposes, provided, however, nothing herein contained shall be construed as to authorize the use of such premises in an unsanitary manner. (Ord. No. 343, § 3, 4-3- 56) Editor's note See editor's note following § 5-2. Sec. 5-2.3. Same—Construction of provisions in relation to zoning. Nothing herein contained [sections 5-2 through 5-2.4].shall be construed to allow or permit the violation of any zoning ordinance of the City of South Miami or to be in conflict therewith or prevent the rezoning of any property provided the zone requirements are met and complied with. (Ord. No. 343, § 4, 4-3-56) Editor's note See editor's note following § 5-2. Sec. 5-2.4. Same Violations of provisions, penalty. Any person, persons, firm, corporation, association of co- partnership violating any of the provisions of this ordinance, [sections 5-2 through 5-2.4 of this Code], upon conviction thereof, shall be punished by a fine in an amount not to ex- ceed five hundred dollars ($500.00) or by imprisonment for a term not to exceed sixty (60) days, or by both such fine Supp. No. 35 56.1 6.2 g SOUTH MIAMI CODE and imprisonment, within the discretion toff the exist municipal judge. Each day that a violation is perms constitute a separate offense. Upon conviction of a violation or violations of this ordinance [sections 5.2 through 5.2.4 of this Code], the Keith department may revoke the permit Is- sued under authority of this ordinance (sections 5.2 through 5-2.4 of this Codes.; (Ord. No. 343, § 6, 4-3-56) Editor's note--Sae -oiitor's rote following 6-2. Sec. 5.3. Domcatic animals running at �e—°Pro lbited. It is and shall be unla,,;,fui for Any domestic animal, hog, cow, horse, swine, sheep or goat, to run at large within the city limits of the city. (Ord. 27, g 1, 8.2.27; Ord. 123, 1, 11.23-39) ea S.M. Horses. i Jr, RS-1 Districts; it shall be permissible to keep and main- 2 tuiri hnrces. not to exceed one horse per acre, providing such 3 use is incidental to an existing residential use unu -Onu . j used to keep and maintain such animals is a part of the rest- Is- dential site and further providing that such animals will be housed or fenced at least one hundred (100) feet from prop- erty under different ow°nership;.:fig,; ', such animals may 9 be kept and mai;itained if incidental to an existing residen. 1\ tial use if at least fifty (50) feet from property under dif- l0 ferent ownership, provided such property owners consent t\ thereto in writing and such consent is furnished to the build. t Z ing and zoning department. (Ord. No. 947, § 1, 7.19.77) Sec, 5.3.2, Hoofed animals. It shall be un.aR1ul to keep and maintain in the corporate limits of the city any hoofed animals other than horses, as permitted by zoning regulations. (Ord. No. 947, § 1, 7-19.77) Sec. 5.4. Sarre---Impounding. Any animal iisted in the preceding section found to be running ,vild w0 hin the city limits may be impounded by the SuPP. 56.2 § 5-4 ANIMALS AND FOWL ; J_6 chief of police or any law enforcement officer of the city and the chief of police is hereby authorized to turn such animal over to the Greater Miami Humane Society. (Ord. 123, ; 2, 11-28-39) Sec. 5-5. Same Redemption. Any owner whose animal has been impounded may redeem such animal from the Greater Miami Humane Society on pay- ment of charges established by the society. Sec. 5.6. Same—Interference with impounding officers. It shall be unlawful for any person or persons to interfere with or oppose by force the officers hereinbefore designated in their act of impounding any such animal as hereinbefore set out and any person or persons found guilty before the municipal court of a breach of this provision shall be punished as,provided in section 1-8 of this Code. (Ord. 123, ; 6, 11- 28-39) Supp. No. 35 56.3 To the City of South Miami: Monday, June 8. 1992 My name is Mrs. Eleanor Amos. I have lived at 6890 S.W. 64th Street since 1964. Having lived here for these many years I can state that in the past there were many horses within the South Miami city limits. Many of the residents, including my two daughters, kept horses in their back yards and would ride along the streets. It was a great environment for the area's children to grow up in. Mr. Ed Cutie, a neighbor who keeps a horse on his property, tells me that city officials are presently interpreting the city's regulations to mean that a horse can never set foot within 50 feet of the adjacent property. This is completely different from how the city officials viewed and enforced horse-keeping in the past. I have to be out of town on Thursday, June 11th, otherwise I would be happy to show my support for Mr. Cutie by attending the hearing at City Hall. Very truly yours, To Whom It May Concern: I am writing this letter on behalf of my next door neighbors, Ed Cutie and his wife Gigi. Ed keeps a horse on his property. If anyone in the entire neighborhood were affected by the horse it would be me. As of this time, my wife and I have no problems and no complaints about the horse. As a matter of fact we have rat: : enjoyed it so far. Our granddaughters are thrilled by our having a horse ne:•:: door. We do not have a problem with the horse coming within fifty feet of our prope_=: . To date there has not been a fly or odor problem. E.B Garey, Jr. 6830 S.W. 67th St. Miami, F1. 33143 _. i �_ To Mr. Eduardo Cutie June 9, 1992 6800 S.W. 67 St. Miami, F1 .33143 Dear Ed : We are writing this letter to express our support in your contesting the City of South Miami's Zoning Code Enforcement attempt to restrict the use of your own property. As you know, we are real estate brokers, and understand that a major reason why you bought this particular house was the fact that the subdivision is zoned for horses. If the city insists that the property must have two additional fences built in order to keep the horse 50 feet from the adjoining properties, this would make your back yard practically worthless, because there would be three narrow, restrictive areas. This could set a bad precedent because it would for all practical purposes eliminate horse keeping for the whole subdivision and ruin what makes the neighborhood unique in the first place. It could possibly affect property values in a negative fashion. As your neighbors, we like having the horse nearby. We enjoy the atmosphere it brings to the area,not to mention feeding it carrots. Sincerely, t Brian and Pat Burnside 6781 SW 68 Court South Miami, F1. To whom it may concern: I have lived on S.W. 69th Ave in the City of South Miami for many years. . . since it was still part of the County, before the City incorporated it. We kept several horses on our property for many years. This right was grandfathered in for the subdivision and it was also approved by the City. There was never any requirement by the City that horses could not set foot within 50 or any feet from the adjacent property line. A neighbor, Ed Cutie, who has a horse on his property tells me that the City is interpreting the code to mean not that the stable or corral must be within 50 feet of the neighboring property, but that the horse can never come within 50 feet of the neighboring property. this is a ridiculous interpretation for several reasons. 1) If the people who wrote the code had meant that; they would have simply said it, rather than leave it open for interpretation. 2) This would effectively eliminate horsekeeping, since there would not be any room left on the property to ride or turn out the horse. 3) The ability to keep horses on the property is one of the things that makes many of the homes in this area desirable to buyers. If this is for all practical purposes eliminated by this foolish code enforcement, it will probably lower the property values of many of the residents. I support Ed Cutie in his disagreement with the City as to the way it is trying to enforce the code. Bob Hoskins June 9, 1992 To the City of South Miami: From Robert L. Floyd 6800 S.W. 68th St. My home is located across the street from Ed and Gigi Cutie's back yard. Ed & Gigi keep a horse on their property,and when they ride it or turn it loose to munch grass, it is done so in that yard. I have absolutely no problem with this arrangement. My children and grand- children will occasionally pet the horse and feed it apples. I have no problems or complaints at all with the present situation. Sincerely, Robert L. 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CONCORD : We're here to help.Traffic +�► �� L [� I VACHERON .. j- Watch appears in Neighbors ROLEX !' to help you steer clear of tie CARTIER PIAGET ups caused by construction ° � EBEL and road work.This weeks .: max_ roundup: `F W Bird Road:East and west- bound traffic on Bird Road j r from Red Road to LeJeune - Road will face lane closures ' :< E until Sept.30 for resurfacing. Goa Eastbound lanes will face Kaminsky Powell Solomon Thompson TA.All SAT lane closures 7 a.m.to 1 p.m. Teens Borek and Richard Mullins ByAppolntment ONy and westbound lanes 10 a.m. have been named to Community .. « '. New&Vintage All at Discount Priced! to 7 p.m. Bank's Executive Advisory p 5792 Sunset Dr. South Miami 0 (305) 667-5567 is 662-4414 Lugo Avenue:Delays will Council. Borek, who lives in occur on from Red Road to South Dade, is a member of the cul de sac for avin P g Homestead Business and Profes- Act i o n Lin solves es p oblems,- cuts red. tape and carat way:Delays will sional Women's Glub nd h a the stands up for your rights. occur between Southwest Dade County Farm Bureau. Mul- 137th Avenue and 127th tins, who lives in Homestead, is Avenue until January 1993 president of Richard Mullins and )' DOCTOR DENTIST r due to reconstruction. Co. Builders and is a member of Fish and Game Unlimited. t may+ North Kendall Drive: HEALTH RELATED PROFESSIONAL? Delays will occur at South- west 122nd Avenue(con- Richard Kaminsky has been pro- struction), moted to vice president and-trea- 'Velez Wolff `We'll he! you et the {acts, save none &make the ri ht choice!!! surer of the Wackenhut Corp.,• p get v Tamiami Trail:East and 1500 San Remo Ave., Coral Garcia and Associates. Solomon, westbound traffic on the 1° �QO°42 'HEALTH Gables. Kaminsky; who lives in who lives in South Miami, will .chiropractors •Hearing Aids Tamiami Trail from one mile the Palmetto area, formerly was direct.-the companies marketing .Podiatrists a Optometrists west of Krome Avenue to the P director of treasury operations efforts. -OR- •Dermatologists a Ophthahnologists Collier County line will face for the company. Y p 1 - 800 - 424 - 3258 a osiGYN a urologists lane closures that will con- internists .Surgeons Jacqueline Soule has joined the •Cardiologists a Thera ists tinue for more than a year. A FREE PUBLIC SERVICE n Mario Powell,Carol Wolff and Maria ;Suniland=Falls office' of Esslin- a Dentists a Home Health Care Lanes will be closed 8 a.m.to - Velez have been chosen as the ,ger-Wooten-Maxwell as a Real- 24 HOURS A DAY, a Physical Therapists a Nephrologists 4:30 p.m.but will be _ # 7 DAYS A WEEK•Gastroenterologists a Hepatologivs restricted to the actual work Mount Sinai Medical Center for sales associate. Soule has B ! •Denture Specialists a Kidney Centers June employees of the month.Ali. received the Silver and Gold Any Health or Medical Specialist... area(resurfacing and shoul- three were recognized for consis-' Award for the Million Dollar Cir- IN TODAY'S DAY&AGE,IT'S IMPORTAN'I'TO KNOW MORE THAN JUST A NAME der widening). tenthly being courteous as well.as cle given by the National Associ- AND NUMBER WHEN CHOOSING A PHYSICIAN OR HEAL'T'H RELATED PROFESSIONAL. Baracoa Avenue:Delays making efforts above and beyond ation of Home Builders National will occur between Red Road the call of duty. Powell lives in Sales and Marketing Council. and San Amaro Drive. Perrine; Wolff lives in Kendall; Soule lives in Miami. - and Velez lives in West Dade. #CBC038904 Spring Fix-up Time? This information,compiled Paul.Thompson has been named 13 b Chantalle Verna,is pro- Sharon Ramos has joined the law Y P business development manger ❑ ADDITIONS/REMODELING : vided b city public works firm of Robles and Gonzalez as a Y Y P for the Gusman Center for the departments,Metro-Dade litigation legal assistant in the 0.PATIOS/BRICK PAVERS firm's asbestos litigation` rac- Performing Arts. Thompson will r n the Florida li works and ub c w g P P oversee restoration of the the- 0 NEW HOMES & OFFICES Department of Transporta- tice. Ramos, who lives in Coral ater,develop programs to expand tion. Gables, graduated from the Uni- and elevate community involve- versity of Miami and Florida rment, coordinate events and ® State University. marketing as well as assisting l Celina Rodriguez has been pro- with daily operations manage- CONSTRUCTION, INC. $ noted to project manager at The meat of the theater. Thompson r �� ���� Systems Consulting Group. `lives in Coral.Gables. Rodriguez will specialize in SECOND MORTGAGES v n 800-X48-152 • All types of credit human resources systems as well Mar�bel Valero has been given • Fast closings as payroll. Rodriguez graduated Mercy Hospital's employee rec- r� Low monthly payments from the University of Miami ognition award. Valero, who Save This Ad For A FREE SET OF UNIFIRST MORTGAGE CORP. and lives in West Kendall: lives in Westchester, handles b PLANS For Your Alterations. Certain PLANS S.W.72 ST.SUITE B-160 more than 400 calls a day as the "Quality First Time, Every Time- Restrictions Apply. limited Time Offer. 271=4446(8 AM s PM)R,.MtgL r,k,.R„s. Carolyn Solomon has joined Tessi hospital's lead operator, N W W EO"S ��S�E�N 1 DOES YOUR Cliil_D HAVE EXCESSIVE FEAR- OR ANXIETY/ . Z '� ;�' ^ ' The. Childhood Anxiety-Phobia`Program (CAPP), conducted WEAR , ' ., under the auspices of the Department of Psychology at Florida - f BASS MUSEUM International University with the support.of.the National Institute o Our new location is having a �'` SCHOOL OF-ART. of Mental Health, is a specialty research clinic. CAPP provides Z comprehensive: diagnostic, assessments .-and state-of-the-art fathers day Special! SUMMER ARTS CAMP y ' treatments for children and adolescents(7-16 years old)who are - el' - r Fun filled days In Art 0- experiencing difficulties with fear and;anxiety problems. If your o Drawing • Painting • Clay child suffers from some of'these symptoms;he/she might be an Museum Walks &Talks . �r,• , appropriate referral to CAPP. W a & much more. 1) Specific and persistent fear of a circumscribed object (e.g., _ 5 Two Week Camps dogs, loud noises, the dark, school, etc.) I starting June 22 -•Aug-28 2 Perslstenf°fear of social situations e. parties, speaking In a 11001 Sale I Ages 5-12 9:30 - 3:00 ) class,'et6 ( g.. p p g 95 Have that special birthday 3) Ezcessive)anxety about separation from parents. 7971 Bird Rd. star#ing at �� I a. here! = Miami FL p 4) Excessive anxiety or worry that is non focused onxa specific �- Miami,+L a matching belt at 1/2 price I 21St Street&Washington Ave. object or situation. • (Across from Tropical Park ,l lin Tropical Park Plaza) . when you pfesent�this coupon. Miami Beach a 251-6616 Offer.good thru 6124/92 673-7166/7167 1 Ca111 today for•an appointment° (305) 348-1937 r s WINN- Redlands O O L®® K E G FOM, .... (COMFORT"? (iensRty Editor: The Redlands Citizens totally prevent these crimes even , Association appreciates the if the number of police officers is thanks extended by the Redland increased. They can't be every- '- O Glades Community Association. where all the time nor can they We welcome letters on any is We applaud their efforts in clean- predict where a crime will occur. topic of interest to our read- '•' 3_ r , n,. y ing up and creating a sense of Having more officers visible ers. GREAT FIT! RECOMMENDED BY PODIATRISTS! community in their area. How- might help. Sign your name,and ever, we would like to respond to Murdersi aggravated assault include a telephone number. a recent article [Redland group and kidnapping in some Short letters are preferred, ready to tackle nest mission, May instances may be the result of and all letters may be edited (3 IFIF 3 11. problems faced by participants of for length,spelling and The Redlands Citizens Associ- drug trafficking and dealing, but grammar. ation has been very committed to that cannoi be detected easily. Mail or bring your letter to organizing and assisting neigh- Unless neighbors notice unusual 6780 Red Rd. borhood action groups. In doing activity and report this to the South Miami,Fla.33143 so, we advocate a philosophy of police, it certainly can't be cur- preservation and protection. tailed. It could be considered a ;. We will continue to assist in preventative measure to be your supposedly intelligent people cleanup efforts in the East Ever- neighbor's keeper. with lessons in biodiversity and © glades area. However,we are dis- As for robbery, Coral Gables geodynamics (a part of which is r' r d Q Q ti appointed to learn that the Red- residents are considered affluent. the fragility and limitations of ~, land Glades Community Consequently, the magnificent animal and plant species) or Association is going in the direc- appearance of home,the expen- should I? " Vq tion of pursuing higher density sive automobiles on view along I hold the reporter, the photog- zoning. This is an environmen- with the location of a home helps rapher and the editor directly tally sensitive area that borders determine the choice of the crim- responsible for negligent and the Everglades National Park. inals. These are not spur of the reckless behavior. The article e D Q Unfortunately, there is an moment decisions. They are usu- promotes the sale and trade of improper assumption that the ally well planned and executed. endangered, rare animals and new Army Corps of Engineers' I firmly believe there should be encourages their destruction. project to restore the Northeast police patrols more evident at the Animals taken from the wild and REWARD #1• Free Checking Shark River slough sheet flow traffic lights where most robber- placed in private homes are des- g will somehow provide added ies of motorists occur. Robberies tined to live lives of limited REWARD #2: Free Interest Checking flood protection to the East Ever- with injuries and deaths have reproduction,if at all.Exceptions glades residential area. become more commonplace at to this are professionally man- REWARD #3: Free Unlimited Checking The corps' intent is to operate banks and food stores. Citizens aged wildlife programs and it is the flood mitigation system to are followed home from stores quite obvious that Reptiquarium REWARD #4: Free Personalized Checks I control only flooding that would and mugged. We must become is a far cry from such an opera- REWARD #5• Personalized Representative be in excess of any base condi. aware and learn to be more tion. 1 tion that would happen without observant so as to anticipate The article is all the more exas- REWARD #6: Round-the-Clock Banking the project. It is not to provide obvious signs that signify danger- perating given that the headline, flood protection in the case of ous situations. Saturn school to focus on environ- REWARD #7: Free Extended Warranty on excessive rainfall, hurricanes, We must avoid being a victim. ment, highlighting an ecologi- Purchases etc. If average citizens will take every call conscious article, appears The zoning restrictions in the possible precaution, they will on the page preceding the Repti- REWARD #8• Out-of-Town Check Cashing East Everglades Overlay ordi- become safer from violence. quarium article. Privileges nance will continue to be in Crime Watch partnership and g effect and the Corps project is cooperation with the authorities Producing and disseminating REWARD #9: Discounted Travel not intended to affect the current will prove beneficial. We must such shortsighted and ambiva- zoning density of one house per each help one another. lent information, influencing the REWARD #10: Accidental Death Insurance 40 acres (or one house per 20 Evelyn V. Nickas public is this careless way, indi- REWARD #11: Discounted Medicines'& Vitamins acres with agriculture). Coral Gables cates unequivocally to me that The Redlands Citizens Associ- Sale Of rare animals the three responsible individuals REWARD #12: Bonus Discounts on hotels, ation will continue to oppose any are at odds with themselves and violation of the established zon- represent not only a threat to restaurants, theme parks, movie ing in this environmentally sensi- leads to destruction fragile world ecosystems, but are tickets, rental cars and more tive East Everglades area. also direct threats to the integrity REWARD #13• Free Travelers' Checks, Cashier's u, Gabrielle Marew�ski, of The Miami Herald. I believe Editor: I am a graduate student C president, g that a change of personnel, � Checks and Money Orders Z Redlands Citizens in public health epidemiology at change of assignments and/or Florida International Universit # o Association Y' disciplinary action is warranted REWARD 14: Free Key Ring Protection � It is a real pity that the need for • in this instance. These three eo- Hel each other avoid this letter has arisen. This corre- p REWARD #15: Free Notary Services P spondence represents wasted pie need lessons in biology start) Z being crime victim time. I am writing to bring your ing at the elementary school g level. If you are 50 years or over, Dadeland Bank's MAXIMUM n' attention to a very irresponsible ADVANTAGE checking offers you all the rewards you deserve! " display and' abuse of power My time wasted in considering Editor: The increase in violent within The Miami Herald Neigh- this negligence is approximately N crimes in Coral Gables is alarm- bors section. I am referring to an two hours. ing[Violent crime rise's in Gables, article on the Reptiquarium �}� s June 4]. [Shop sells peculiar pets, May 10]. Michael Pastroff ( dEdamd t@RN m It isn't possible for the police to I should not have to provide Miami Your Full-Service Neighborhood Bank K ❑ p 7545 N. Kendall Drive 8895 S.W. 136 Street = ❑ 0 1201 Brickell Avenue 16800 Old Cutler Road m ❑ Did you know that more than 0 ❑ 1,000,000 adults in South Florida ❑ o o used the services of a travel 0 667-8401 /� Member FDIC r=J Equal Housing lender o agent last year? a w z f Yes a ... s ..: Debaters make good case H a. for power of hard work By JON O'NEILL The students attribute thei ,. ::ni::• ways -' s>;>: •� Herald Staff Writer ng a lot of work and • :..:.:. . :vi..;=;.::,,>:. winni to ti It's hard to argue with success, coach Fran Berger, who started TEAM SPIRIT: i f and it's even harder to argue with the club a decade ago.They also Debaters who the Palmetto Debate Club. ` credit former students who went to the ;� f �, For 10 years, the club'has been return and help them prepare for ' i' building reputation as one of competitions. National g a p the best groups of debaters in the "The kids who come back ;:::;.• Catholic county, and the country. become role models for the cur Forensic .<;,, v. ,y.�. :v�.•:i:i "We recognize the name Pal rent students," Berger said League >, ,r metto right away, said Marilyn Berger tries to teach her stu- tournament in a� Hageman of the National Foren- dents that debate: and the work Arlington,Va., sic League, which sponsors • that goes into getting ready for it, are,from left: «< �� � '' debate competitions. "They've teaches more than argument David Bott, ? M `�t been at most of our national skills. Richard Preuss tournaments during the past few "It emphasizes discipline, ' �•" years and that would indicate order and focus," she said. "It Arle Bordas, they are successful." can help prepare students for any ol Tad Dee,Zach f g: ly<' The Palmetto club consistently number of careers." Brooks Robert fix` �`'` A veteran of 22 years in the ;4° ,.:$ :':'<< < < sends more kids to national tour- ) ,. ::�:i ': _.:. ,.��<; classroom Berger started the Pal- Fuller and Kim x :::i'....r nanlents than an other Dade g x::.. f. Y 0i: . nv;t!:...... n Lebowitz. ' � ... � .. .... .....:�:.: . school: This year is no different. .- metto club with 15 students. ALBERT COYA/Miami Herald Staff Twenty-one students went to Now, .the program involves 180. the National Catholic Forensic kids from the high school and League tournament in Arlington, from Palmetto and Southwood' aI111 Va., over the Memorial Day middle schools. Professional Customized Designs 1�f weekend, and the team came A booster club made up of par Residential/Commercial Renovations c' ,, e home with two second-place fin- ents helps the group raise money ishes. Saturday, 10 Palmetto stu- for trips to out-of-town contests. Licensed & Insured CGC # 010108 dents left for Fargo, N.D., and "We get involved because we Over 13 Years in the South Florida Area the National Forensic League see what it does for the kids," ,,•--��,, tournament. They will join eight said Nancy McGuigan, booster tY.! Financing Available other Dade students, represent- club president. "And they are CALL FOR A FREE ESTIMATE ing five high schools. very good at what they do." C®l1MSRU\ip�l®N 9290 S.W. 72nd Street, Suite #102, ��P'i]1P'I¢EtP01T Miami, FL 33172 ::':: .: ..'... .. Since 1979 Tel: (305) 238-84$1 ........., • ............ FREE SCREENING! }tr 4. JJi Living, our exciting, informative-life-style section keeps you up-to-date on fashion, social events and people. P P guo around town. •.• M b Scouting for a Summer Camp. G (or Coneaceso �o • Carne join us for summertime- • Lunch provided. •,O en 7 a.m.-6 m. fun and friendship._ .. •w P P • Open to boys&girls 2-12. year-round.Regular school • Our.66th summer season. ,s resumes Aug.24th.We offer • Fifty pleasure-packed days of accredited Preschool, ' ....... .. .. Kindergarten and Grades. """" ` camp.June 11th-Aug.20th. •• • Registration now 12-Hour days. Emergency Attend all or part. R tti E y g y • Constant d su ervise in progress for Summer 3 s P Camp and for 1992-93 � :� �;, meetings. And you still find activity,including - School Year. Apply today! } time to work out and run five instructional swimming. PP 3' )' , • Free tote bag. : _ miles. Life has changed. It's a non-stop world. No time for any inconvenience especially The Playhouse & Biltmore School glasses and contacts. Now you `- may never need them again. T 1600 S.W. RED ROAD MIAMI PH. 266-4666 v a With Radial Keratotomy. It's . w today's way to see great and look Z i great without glasses. We have �y g offices in Homestead, Cutler QHCAMP �l� o Ridge and Coral Gables/South THE ONLY ONE OF ITS KIND!!! Miami. Call for more LET US TEACH YOUR CHILD THE a information and ask about our SECRETS OF MAGIC, JUGGLING - t �'' free seminars, 661-8588. . AND CLOWNING. MAGICAMP WILL :Free Screeniil Tllursda tine 18 Q ALSO HAVE A BILL OF FARE THAT g' y 1 - . - CORAL GABLES W WILL INCLUDE SWIMMING, 6psat to Spm BOWLING,VOLLEYBALL AND � EYE ASSOCIATES - MANY SPECIAL EVENTS.AGES 6-12 Q AT THE UNIVERSITY OF MIAMI _ W 666-2992 Nideo Preview Available Our TV Book is your handy guide to this week's "Best w g- Bets" in TV, radio and cable TV listings. V. C E Of Ballet Thomas Armour, Director Faculty Thomas Armour, Robert Pike, Margaret Anthony, Natalie Axley, Ruth Wiesen SUMMER COURSE : Y t Y, s AUGUST 11th .v K" v DAILY iiw z Y CLASSES IN VICTORIOUS zt CLASSICAL Eduardo Cutie r BALLET � Y �' ya and Gigi Pardo won the . � »::;�v' ::: . }z a — e Ightto •.�,w....;:�, : , fi� � s ��,� � CHILDREN ADULTS let Southern `� � € : BEGINNER — ADVANCED Skies roam z z their land. `' .> z� RAUL RUSIERA/Miami Herald Staff 5818 S.W. 73rd Street South Miami Morse sense carries the day In zoning case For information call .. 667-5543 By ANTHONY FAIOLA feet away from his neighbors' closer than 50 feet to his neigh- Herald Staff Writer property. He was giving it the bors' property, and that his is It seems South Miami is truly a freedom of his land. That vio- not. He insisted it was foolish to 1 one-horse town. And the owners lated the codes." think the law was meant to pro- 1 1 of the chestnut thoroughbred South Miami summoned Cutie hibit his horse from frolicking 1 forgetting 1 have been able to buck the sys- to its Code Enforcement Board next to a neighbor's fence. tem. Thursday night, where he could The Code Enforcement Board ; othings? ; Two weeks ago, Eduardo Cutie have faced fines of up to $250 agreed — unanimously. and his wife,Gigi Pardo,brought per day for keeping the horse "I think it's criminal to tell him 1 - 1 their thoroughbred Southern inside city limits. Both Lama and you've got to keep the horse 1 I Skies to their one-acre-plus city attorney Martin Berg said cooped up in a small enclosure South Miami home in the 6000 Southern Skies should not be 50 feet from his neighbors," said I to you • ' 1 block of Southwest 67th Street. roaming on the couple's prop- Miriam Weiss,code enforcement 1 getting 1 Only a few days later, South erty. board member. ; dmefficult , remember?- ; Miami code enforcement officers Cutie, who brought letters For Cutie, a vice president at appeared. signed by neighbors stating they City National Bank of Florida 1 1 "To our knowledge, it is the don't mind the 4-year-old horse's and part-time English teacher, 1 If you are worried that your memory is not what only horse in the city," said presence, disagreed with the the decision was a relief. I it used to be, take advantage of a complimentary 1 Sonia Lama, South Miami zon- city's interpretation of the law. "I understand the city was just 1 memory screening to determine if further 1 ing director."The code allows for He said the code is intended to doing it's job,but I knew we were evaluation is necessary. the horse, but he must keep it 50 make sure his horse is not stabled right," he said. 1 1 Screenings will be offered 1 Wednesday, June 17, 9 am-6 pm 1 1 Wednesday, June 24, 9 am-6 pm 1 Wednesday, July 1, 9 am-6 pm 1 Participants must be at least 50 years of age. 1 1 For • • • 261-6060 1 Space 1 The Memory Center 1 1 ^ 1 • Disorders 1 SE HABLA ESPANOL - - James Gorelick, M.D. 1 z 0 Neurologist, Certified by The American Board of Neurology m A Samuel Feldman, Ph.D Neuropsychologist, 1 ry Fellow Academy of _ 1 o Psychosomatic Medicine I K 1 7500 S.W. 8 Street 1 1 Suite 309 1 = (Palmetto Expressway In &Tamiami East Exit) ; D r According to Florida Statute 455.25,the patient and any person responsible for payment has a 1 right to refuse to pay,cancel payment,or be reimbursed for any other service.examination or 1 treatment which is performed as a result of and within 72 hours 61 responding to the 1 advertisement for the free,discounted fee of reduced fee service,examination or treatment. r •is cL � _•' .+'+•.rye. . - All t