Ord No 22-22-2443ORDINA NCE NO. 22-22-2443
An Ordinance amending Section 12-8.2 of the City of South Miami's
Code of Ordinance for the purposes of regulating properties that have
vacant, blighted, unsecured or abandoned structures or that may be
the subject of foreclosure; creating and implementing a process for
registration of such properties and providing for enforcement and
penalties.
WHEREAS, structures that are left open and unsecured , not only have a negative
impact on other properties within the community , but also create conditions that invite
criminal activity and foster a blighted environment that is unsafe and unhealthy for people
who live and work in , or who visit, the City ; and
WHEREAS, resid e nti a l a nd comm e rc ial ne ighbo rh ood s in the C ity ca n become
bli ghted th roug h the lack of ma intenance a nd the fail ure to se c ure p ropertie s in those
neighborhoo ds ; and
WHEREAS, it is critical that all properties be maintained so as not to create
nuisance conditions ; and
WHEREAS, properties that are encumbered by mortgages that are in default or
that are in a mortgage foreclosure proceeding tend to become blighted ; and
WHEREAS, there are situations where the originating lender on a mortgaged
property assigns the note and security instrument into a securitization pool , which another
entity then sells to investors on the secondary mortgage market. In these situations ,
simply trying to identify the responsible party for unoccupied structure will create an
immense burden on the City; and
WHEREAS, structures that are vac ant, blighted , unsecured and abandoned , as
well as many of those properties whose owners are in mortgage default or that are
involved in a mortgage foreclosure proceeding (hereinafter referred to as Abandoned
Structures) tend to create nuisance cond itions ; and
WHEREAS, a vital step in the enforcement of the City 's Codes that protect the
people who live , work and visit the City , from the effects of Abandoned Structures , is to
have those properties identified and record ed in a regist ry to improve the ability of Code
Enforcement Officers to monitor those properties ; and
WHEREAS, there is currently no proce dure set forth in the City of South Miami 's
Code of Ordinances that requires the registration of Abandon ed Structures ; and
WHEREAS, the City Commission desires to establis h an Abandoned Structures
registration program to identify and mon itor A bandon e d Structures , to ensure that
Abandoned Structures are fre e of code violations and to set regulations for the
1
Ord. No. 22-22-2443
maintenance of Abandoned Structures; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by
reference as if fully set forth herein and as the legislative intent of this Ordinance.
Section 2. Chapter 12, Article I, Section 12-8.2 -12-8.4, of the Code of
Ordinances, City of South Miami, Florida, is hereby amended and will read as follows:
Secs. 12-8.2 12 8.4. Reserved. Registration of Foreclosed, Vacant, Blighted,
Unsecured or Abandoned Structures.
Sec. 12-8.2.1 Intent and purpose.
(1) It is the intent of the City Commission, through the enactment of this Section
12-8.2 to provide a registry of all properties that are the subject of a
foreclosure action, as well as vacant, blighted, unsecured and abandoned
structures. Through this registry, properties that are at risk of or that have
become vacant, unsecure, dilapidated or in poor repair, or that have grass,
shrubs, or foliage that is overgrown, or other visible maintenance failures
including yards with trash and debris, will be tracked to facilitate enforcement
and remedial actions. Such actions can prevent blight, unsightly conditions
and unsafe structures and avoid or minimize the deleterious effects on
neighboring properties and their property values and prevent unsafe
conditions including those that foster the breeding of vermin, mosquitoes, and
other species that can jeopardize public health and safety.
(2) The purpose of this Section 12-8.2 is to protect the public health, safety, and
welfare by:
(a) Establishing a program for identification and registration of foreclosed,
vacant, blighted, unsecured and abandoned properties.
(b) Establishing the responsibilities of owners and mortgage holders of vacant,
blighted, unsecured and abandoned properties.
(c) Providing for administration, enforcement, and penalties.
(d) Authorizing the City Police Department to enforce the trespassing
regulation and penalties described in F.S. § 810.08 and § 810.09 on
foreclosed, vacant, blighted, unsecured, and abandoned properties.
( e) Providing a fair, equitable, and efficient method of allocating and
apportioning the assessed service cost, which constitute a special benefit
to residential and commercial properties, among property owners within the
~
(f) Establish a process to address the deterioration and blight within City
neighborhoods caused by foreclosed or distressed real property.
Sec. 12-8.2.2 Definitions.
2
Ord. No. 22-22-2443
Unless otherwise expressly stated. the following terms will, for the purpose of Section 12-
8.2, have the following meanings:
Abandoned Structure means any unoccupied real property located in the City that:
(1) is mortgaged and whose owner is in default on the mortgage; or
(2) has a lis pendens filed against it by the lender holding a mortgage on the
property: or
(3) is subject to an ongoing foreclosure action by a lender; or
(4) is subject to an application for a tax deed or pending tax assessor's lien sale: or
(5) has been the subject for a foreclosure sale where the title was retained by the
lender: or
(6) whose title was transferred to the lender under a deed in lieu of foreclosure: or
(7) a structure or building. as defined therein. or portion thereof, that is:
(a) Unsecured: or
(b) Unsafe as defined herein or as in the Miami-Dade County, Florida Code of
Ordinances. chapter 8 entitled Building Code, as amended: or
(c) Condemned as defined by Miami-Dade County. Florida Code of
Ordinances. as amended: or
(d) Vacant for a period over 15 days. beginning from the date of the initial
inspection of a code enforcement officer who has issued an order to correct
a violation. abate a nuisance. or remove an "attractive nuisance": or
(e) Vacant for a period over 15 days without evidence of functioning water.
electric or, if the structure is connected to a gas line. gas utilities: or
(f) Boarded up. partially destroyed. partially constructed, or, after a building
permit has been issued. is incomplete and the building permit authorizing
construction has expired: or
(g) Accessible to trespassers. criminals. or other unauthorized persons; or
(h) Currently the subject of mortgage or tax foreclosure proceedings,
delinquent in mortgage or tax payments for at least 90 days.
(8) the designation of a property as 11 abandoned" will remain in place until such time
as the property is sold or transferred to a new owner or. in the case of a
mortgage foreclosure. or threat thereof, the default on the mortgage is cured
and the property otherwise no longer meets the definition of Abandoned
Structure.
Approved material means all City approved materials used to secure a structure.
Blighted structure means:
(1) A structure that has broken or severely damaged windows. doors. walls or roof
that create a hazardous condition or that encourages trespassing or malicious
mischief.
(2) A structure whose maintenance is so out of harmony and conformity with the
maintenance and quality of adjacent or nearby properties as to cause substantial
diminution in the use or property value of such adjacent or nearly properties.
(3) A structure defined as a public nuisance pursuant the City Code, as amended, or
pursuant to state statues.
3
Ord. No. 22 -22-2443
(4) A structure or improvement that ex hibits objectively determinable signs of
dilapidation or deterioration sufficient to constitute a threa t to human health , safety ,
or public welfare.
(5) Violates minimum health safety standards or lacks maintenance as defined by the
Florida Building Code.
City means the City of South Miami .
Codes means all applicable codes. including but not limited to. national Fire Prevention
Code, Florida Building Code . the Miami-Dade County Code , and the City Codes.
Code violations means violations of any code adopted and enforced by the City, which
may include but not be limited to, the National Fire Pre ve ntion Code. Florida Building
Code. the Miami-Dade County Code . and the City Codes.
-
Enforcement officer means code enforcement inspector. building inspector. or as defined
in Section 2-24 or 2-25 of the City 's Codes .
Legal agent means an employee of, or person designated by the lender for purposes of
receiving legal notice related to real property .
Lender means the owner and holder of a note and mortgage, or other similar instrument
that secures a debt upon the property , and the servicer of said note and mortgage, or
similar i nstrument as well as the assignee of any rights . or ownership acquired by the
lender in a foreclosure action or by any other means.
Lenders in foreclosure means a lender who has either threated foreclosure or who has
taken steps to initiate foreclosure .
Maintenance agent means an employee or designee of a lender who has been assigned
the duty of maintaining the condition of real property.
Owner means any person, legal entity or other party having any ownership interest in real
property, including but not limited to, the person id entified on the City 's Abandoned
Structures registration form as the owner, a purchaser, devisee . lessee . or fiduciary of the
property . or the holder of an unrecorded deed . This term wi ll also apply to any person .
legal entity, or agent responsible for the construction , maintenance or operation of the
structure invol ved or any person . legal entity, or agent authorized to init iate a foreclosure
or collection proceeding against the property , w hether, or not. such proceeding has in fact
been initia ted . This term will not apply to the City .
Plan means a City Manager or desiqnee approved proposal re quired to be submitted by
the owner to bring a structure into compliance pursuant of all app li cable codes.
Structure means a structure or building, whether pe rma nent or temporary . as defined by
the Florida Building Code .
4
Ord. No. 22-22-2443
Trespass Affidavit means written authorization given by the owner of rea l property, or the
owner's authorized representative, to the City 's Police Department to issue a trespass
warning pursuant to F.S. F.S. § 810.08 and§ 810.09.
Unsafe structure is as defined in Miami-Da de County Code section 8-5.
Unsecured means an unoccupied structure or a structure without a lawful tenant or
occupant that is open to entry by unauthorized person or covered with unapproved
materials that are not in compliance w ith the Florida Building Code.
Vacant means a structure that is unoccup ied and is not actively and lawfully used as place
of residence or business by a person .
Sec. 12-8.2.3 Responsibilities of owner of vacant, blighted, unsecured or
abandoned structures.
(1) It is un lawfu l for the owner or lender in foreclosure of real property to maintain real
property in a blighted , unsecured, or abandoned condition.
(2) An owner or lender in foreclosure of a blighted, unsecured, or abandoned structure
must comply with the requ i rements of paragraphs (3) through (9) of this Section
12-8.2.3.
(3) The property must be secure and all entrances and all other openings of the
structure, i ncluding but not limited to win dows and doorways, must be maintained
in good condition.
(4) A ll entrances. windows and other ope nings must be secured with approved
materials, provided that such materials completely seal all entrances. windows and
other openings, thereby protecting the interior of the structure from wind, ra i n, and
other naturally occurring e lements. Entrances and wi ndows above the ground
floor will be regarded as secure if the entrances and windows are lo cked and not
otherwise open to entry and the windows contain glass that is not cracked or
broken , or shutters are insta lle d that prevent entry of persons or the elements.
(5) If a violation of this Section 12-8.2 is discovered by a code enforcement officer,
said officer is authorized to issue a notice of violation requi ring the structure to be
secu red within the time period enumerated in the Notice of Violation . If the
structure remains unsecured after the time period enumerated in the notice, the
City may present a case based on the violation to the Special Master pu rsuant to
Section 2-25 of this Code . As part of its case , or at any subsequent properly
notice hearing, the City may present evidence showing that criminal activities or
incidents presenting a threat to life and safety are occurring on the property where
the unsecured structure is located . If such evidence is presented and the Special
Master determines that this Section 12-8.2 has been violated , the lende r in
foreclosure and owner of the structure at issue may be required to secure all
openings with commercial quality, 14-guage, rust proof metallic coverings . Such
metallic coverings must consist of steel sheet metal. excluding aluminum and a
cooper, which allow for ventilatio n . Said metallic coverings must have an exterior
5
Ord. No. 22-22-2443
finish that allows for easy graffiti removal and be designed to prevent removal from
the exterior with a crowbar or other prying device. In addition. the metallic
coverings must be attached to rods or cables which must be attached on the
interior of the structu re to a steel cross-brace that overlaps the opening and is
attached to an interior wall or the "bucking " of the opening.
(6) All lenders in foreclosure and owners of a vacant, blighted . unsecured or
abandoned structure are responsible for removing unauthorized signs . posters.
and graffiti from the structure 's exterior unless e xempted by this Section 12-8.2 or
the City's zoning ordinance .
(7) All lenders in foreclosure and owners of a vacant, blighted, unsecured or
abandoned structure must keep the premises free from rodents, insects, vermin,
and other wild animals.
(8) The roof of every structure must be well drained of rainwater.
(9) All materials used to secure blighted unsecured or abandoned structures must be
painted in a workmanlike fashion in the same color as its exterior w alls.
-
Sec. 12-8.2.4 Abandoned structure registration.
(1) Every lender in foreclosure and owner of a commercial or residential abandoned
structure must register said structure with the City. Such registration must
include:
(a) A description of the premises including address, legal description, and folio
number.
(b) The names, addresses, and contact numbers of the owner. or agents that can
be contracted within 24 hours; and
(c) The owner or Lender's written authorization to the City 's Police Department to
issue a trespass w arning pursuant to F.S. F.S. § 810 .08 and § 810 .09
(Trespass Affidavit).
(2) Lenders in foreclosure and Owners of abandoned structures located within a mu lti-
family building that itself is not an abandoned structure are not required to comply
with this Section 12-8.2 if:
(a) The multi-family structure has a property manager on the premises; and
(b) The multi-family structure has a homeowners' association responsible for the
management and maintenance of the property; and
(c) The multi-family structure has security located on or responsib le for the
property; and
(d) In the case of (a), (b) and (c), the property manager of the multi-family structure ,
at no costs to the property manager. registers the followi ng information w ith the
City :
(i) A description of the property including address and unit number of al l
v acant structures within the multi-family building.
(ii) The names, addresses and contract number of the property ma nager or
agent who can be contracted within 24 hours.
(iii) A Trespass Affidavit
6
Ord. No. 22-22-2443
(3) Unless all the requirements of subsection {2)(a) through {d) above, the individual
owner and the lender in foreclosure of the abandoned structure located within a
multi-family building must register pursuant to this Section 12-8.2.
(4) This registration of abandoned structures must be done within 30 days of any
transfer of the property ownership and re-registration must be done every
anniversary of registration date thereafter.
Sec. 12-8.2.5 Blighted, unsecure or abandoned structure registration.
(1) Within 48 hours after any structure in the City becomes a blighted, unsecured, or
abandoned structure, as defined in this Section 12-8.2, the owner and lender in
foreclosure must registrar the property with the code enforcement division.
(2) The registration must be submitted on City designed forms and must, at a
minimum, include the following information supplied by the owner and lender in
foreclosure.
(a) A description of the premises, including address. legal description, and folio
number.
(b) The names, addresses and contact numbers of the owner, or agents, that can
be contracted within 24 hours.
(c) The names, addresses and contact numbers of all known lien holders and all
other parties with an ownership interest in the structure.
(d) A plan and timeline for bringing the structure into compliance with the law: and
(e) A Trespass Affidavit.
(3) The owner and lender in foreclosure must comply with all applicable laws and
codes and close all outstanding City Code violations. unless waived by the
appropriate department or agency.
(4) The owner and lender in foreclosure must submit a plan and timeline, as described
in subsection (2) to be approved by the Code Enforcement Division. The code
enforcement officer will require completion of the plan within a reasonable time.
not to exceed ninety (90) days. Any repairs, improvements or alterations to
structures must comply with any applicable codes. including housing and building
codes.
(5) The owner and lender in foreclosure must notify the code enforcement officer of
any changes to the information supplied on the registration within 24 hours of the
change. All plan and timeline revisions and extensions must be approved by the
code enforcement officer or the City Manager or manager's designee.
(6) Unless a structure has been registered as a vacant structure pursuant to this
Section 12-8.2, the lender in foreclosure or the owner of a blighted, unsecured, or
abandoned structure must pay a registration fee:
(7) The lender in foreclosure or owner of a blighted, unsecured, or abandoned
structure must initially register the property with the City and pay an annual
registration fee. The schedule is as follows:
(a) $ 250.00 for the first year.
(b) $ 500.00 for the second year.
(c) $ 750.00 for the third and each subsequent consecutive year the building
remains a blighted, unsecured. or abandoned structure.
7
Ord. No. 22-22-2443
The owner or Lender who provides a written authorization to the City 's Police
Department (Trespass Affidavit) to issue a trespass warn ing pursuant to F.S.
Section 810.08 and 810 .09 shall receive an annual discount of $250 for the yearly
maintenance of the Trespass Affidavit.
(8) The fee for the first year of registration is due and payable, in full, 30 days after the
structure is registered as a blighted, unsecured, or abandoned structure. If the
fee is not paid within 30 days of being due , the owner will be subject to prosecution .
(9) The registration fee must be paid in full prior to the issuance of any permits to
repair or rehabilitate . other than a demolition permit.
(10) All delinquent registration fees , including interest, must be pa id by the owner prior
to any transfer of ownership interest. If the fees are not paid prior to transfer, the
new owner is responsible for paying all outstanding fees no later than 30 days after
the transfer of ownership . Subsequent registration fees are due and payable in
accordance with this Section 12-8.2 . Interest will accrue at the statutory judgment
interest rate.
(11) The registration fee is reasonably related to the administrative costs fo r
processing the registrations and monitoring of the blighted , unsecured , or
abandoned structures . Increasing fees reflect growing costs of identifying,
regulating monitoring and policing deteriorating structures .
(12) The code enforcement officer will keep a file for all registered blighted, unsecured
or abandoned structures , which must include any information from interested
parties or citizens regarding the history, problems , status or blighting influence of
such structure .
Sec. 12-8.2.6 Registry for real properties:
(1) The City will establish a registry catalog ing each abandoned structure within the
City. containing the information required by this Section 12-8.2 .
(2) The City will use the information collected in the registry to establish a schedule
for the monitoring of abandoned structures located within the City .
(3) The City will charge an annual registration fee for each abandoned structure to be
listed in the registry . A new annual fee will become due on the anniversary of the
date that the abandoned structure was added to the registry .
Sec. 12-8.2.7 Registration of real property:
(1) Real property which is the subject of any of the following events must be registered
with the City pursuant to this Section 12-8 .2:
(a) An action to foreclose a mortgage that is secured by the real property ;
(b) Where ownership has been transferred to a lender or mortgage by any legal
method ;
(c) Where a lending institution has issued a notice of default on an instrument that
is secured by the real property .
(2 ) Upon the issuance of a notice of default of an instrument, the lender must perform
an inspection of the property that is the security instrument. With in ten (10) days
of the inspection . the lender must register the property with the City.
(3 ) If the property remains i n default, it must be inspected by the lender monthly un ti l
the default is remedied .
8
Ord. No . 22-22-2443
(4) Registration pursuant to this Section 12-8.2 must c onta in the property owner's
na_me, the address of the property , the Miami-Dade County Property Appraiser's
foll? number for the property, the lender's name . the name of any legal agent and
maintenance agent of the lender, the lender's loan number and the name, address .
telephone number, facsimile number, and ema il address for the lender and
lender's maintenance agent. The registrat ion must also conta in the name and
24-hour. contact tel~phone number of the property management company
responsible for security and maintenance of the property . The City may require
such other information the City deems necessary to fulfill th e intent and purpose
of this Section 12-8 .2 .
(5) An annual resignation fee for each abandoned struct ure must accompany each
registration form.
(6 ) Properties subject to this Section 12-8.2 will remain under the annual reg istration
requirement and the inspection, security and maintenance standards enumerated
in this Section 12-8.2 if they rema in subject to a notice of default or foreclosure
proceeding , or until the property has been sold to a ne w property owner w ho is not
a lender, and the property is occupied and no longer defined as an abandoned
structure .
(7 ) A lender's registration of a property constitutes the co nsent of the lender for the
City to enter the premises if the property is reg istered as unoccupied for inspection
purposes in order to determine compliance with the C ity code .
(8 ) Within ten (10) days from the date of a change in any of the information required
by this Section 12-8.2, the lender must update the registry to reflect the updated
information, including the status of any foreclosure proceedings initiated by the
lender.
Sec . 12-8.2.8 Enforcement.
(1) Failure to comply with the requirements of this Secti on 12-8.2 w ill subject the
owner to code enforcement action .
(2 ) If the owner fails to comply with the requirements of this Section 12-8 .2 . the City
may , pursuant to F.S . ch .170, secure or cause to be secured and make all
reasonable repairs to such blighted, unsec ured , or abandoned structures, which
are required to bring the property into comp li ance and charge the v iolator with the
reasonable cost of the repairs along with the fine imposed pursuant to this Section
12-8.2 or the C ity 's Fee and Fi ne Schedule . Ma king s uch repairs does not create
a continuing obligation on the part of the City to make further repairs or to ma inta in
the property and does not create any liabil ity against t he City for any damages to
the property if such repairs we re completed in good faith .
(3) If the work is done or caused to be done by the City, the code enforce ment officer
will keep an itemized accounting of expenses of the work done and t he cost thereof
and notify the owner of said e xpenses . If t he expenses are not paid with in ten
days after the owner is notified , interest w ill beg in to accrue annually at the
statutory judgment rate un t il full y paid .
(4) Under the lawful authority granted to municipali ties pu rsuant to F.S. chapters. 170
and 166, the City hereby authorizes the levy and collecting of special assessments
to fund the costs of any work done by t he City to en fo rce complia nce w it h the
9
Ord. No. 22-22-2443
requirements of th is Section 12 -8 .2.
(5) Costs resulting from any work undertaken by the City pursuant to this Section 12-
8.2 must be levied as a special assessment lien against the real property where
the violation existed. Said special assessment lien, until fully paid and released ,
will remain a lien equal in rank and dignity with ad valorem taxes, and will be
superior in rank and dignity to all other liens, encumbrances, titles and claims in.
to or against the real property involved. Interest upon such special assessment
liens will accrue pursuant to F.S. 170.09. as amended. Special assessment
liens will be enforced by any method authorized by law to enforce payment thereof
with all , accrued interest and costs . including legal costs , and may be subject to
foreclosure, pursuant to chapter 173, F.S ., as amended . The property owner
must pay all costs of collection, including reasonable attorney's fees. incurred by
the collection of fees, services charges, penalties, and liens imposed by virtue of
this Section 12-8.2. Add itionally , the City may elect to utilize the uniform method
for the levy, collection, and enforcement of this non-ad valo rem assessment
pursuant to F.S. 197.3632, as amended .
Sec. 12-8.2.9 Exemptions.
This Section 12-8.2 does not apply to any structures protected by federal, state, or loca l
la w or any structures owned by the federal government, state government, Miami-Dade
County, or the City.
Sec. 12-8.2.10 Penalties.
Penalties under any provision of this Section 12-8.2 w ill be in accordance with the City's
Fee and Fine Schedule . if applicable . otherwise the fine for each v iolation of this Section
12-8.2 is $500.
Sec . 12 -8.2.11 Alternative procedures.
Nothing in thi s Section 12-8.2 is intended to preempt e x isting remedies of the City
authorized under existing law.
Secs . 12-8.3-12-8.4. -Reserved.
Section 3. Corrections. Conforming language or technica l scrivener-type
corrections may be made by the City Attorney for any conforming amendments to be
incorporated into the final ordinance for signature .
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
all sections and parts of sections of ordinances in direct confli ct herewith are hereby
repealed .
Section 5. Codification. The provisions of this ordinance wi ll become and be
made a part of the Code of Ordinances of the City of South Miami as amended .
10
Ord. No. 22-22-2443
Section 6. Severability. If any section , clause , sentence , or phrase of this
ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction , this holding will not affect the validity of the remaining portions of this
ordinance.
Section 7 . Effective Date. This ordinance is effectiv e upon enactment.
PASSED AND ENACTED this 20th day of September, 2022.
1st Reading : 9/6/22
2nd Reading : 9/20/22
READ AND APPROVED AS TO FORM ,
LANGUAGE , LEGALITY , AND
EXE~UTION THER~
~
11
APPROVED : ./) _
~~r MAY
/
COMMISSION VOTE: 4-1
Mayor Philips: Yea
Comm issioner Harris : Yea
Co mmissioner Liebman : Nay
Commissioner Gil : Yea
Com mi ssioner Corey : Yea
Agenda Item No:5.
City Commission Agenda Item Report
Meeting Date: September 20, 2022
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending Section 12-8.2 of the City of South Miami's Code of Ordinance for the purposes of
regulating properties that have vacant, blighted, unsecured or abandoned structures or that may be the subject
of foreclosure; creating and implementing a process for registration of such properties and providing for
enforcement and penalties. 3/5 (Commissioner Corey)
Suggested Action:
Attachments:
Ordinance__related_to_abandoned_structures__-__Revised_July_2022_skCArev_Corey_1st_reading.docx
MDBR Ad.pdf
Miami Herald Ad.pdf
1
14
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI -DADE :
Before the unde rs igned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIR ECTOR OF OPERAT ION S, Legal Notices of the Miami Daily
Business Review f/k/a Mi ami Re view, a da ily (except
Saturday , Sunday and Legal Holidays) newspaper,
published at Mia mi in Miami-Dade County, Florida ; that the
atta ched copy of advertiseme nt, being a Legal Advertisement
of Nolice in the matter of
CITY OF SOUTH MIAM I · PUBLIC HEARINGS -SEPT . 20 , 2022
in the XXXX Court,
was published In said newspaper by print in the issues of
and/or by pu blica tion on the newspaper's website , if
auth orized , on
09/09/2022
Alliant further says that the newspaper co mpl ies with all
legal for pu blication in chapter 50 , Florida
t , ~R AD 2022 I
(SEAL) ~
GU ILLERMO GARCIA pers onally known l o me
_...,~f,v:~~--CHRISTINA LYNN RAV IX (f" ~-,~;~ Commission# GG 277771 t ~-~-t Expire s No ve mber 19 , 2022
'•-'.'r,~·r.i~?.~-· Bon<i ed Thru Tro y Fain Insu rance Boo-385-7019
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In ord er to bal an ce the need for th e City of Sou th Mi am i to fu nction and
c onduct vital business during the COVID 19 pandemic and, at the same
time , to protect the health , safety and welfare of its citizens, officers, offic ials
and administrative staff, and pursuant City of South Miam i Code, Chapter
286.011 , Fla. Stat, the City's Home Rule Powers, and City Manager's
d ecl aration of a state of emergency due to the Coronavirus , the City will be
holding its City Commission Meeting live in chambers and VIRTUALLY through
communications media technology {GMT) until the state of emergency has
ended or social distanc ing is no longer. required by any rel evant Executive
Orders. All Commission members will participate in Chambers or by video
conferencing through the Zoom platform and members of the publi c may
join the meeting via Zoom at (tillJ:!s://zoom .u "/3056636338 and participate.
At a minimum, at least three members of the City Commission will be
;:ihysical ly present in the City Commission Chambers1 and they will be
broadcast on the Zoom platform along with all other members of the
Commission, City Staff and the public who may attend remotely from the
Commission Chambers and from other locations.
The meeting is scheduled to begin on Iu..,e,.,sd.,,_,,a!h.-""~==-"'-'=~=at
7:00 .m . to consider the following public hearing item(s):
An Ordinance establish ing an electric franchise with Florida Power
& Light Company for the construction, installation, and powering
of new LED streetli ghts within the City of South Miami, including
at Paseo Park.
An Ord inance of the Mayor and City Commission for the City of South
Miami, Florida, conveying all water facilities built and constructed
to serve South Miam i Water Main , OW 2020-30835 to Miami-Dade
County as is more particularly described herein.
An Ordinance of the Mayor and the City Commission of the City of
South Miami, Florida relating to the fee schedule, amending the
Parking Division Fee Schedule, add ing a specific hourly parking
fee for the Library Parking Lot.
An Ord inance amending Section 12-8.2 of the City of South Miami's
Code of Ordinance for the purposes of regulating properties that
have vacant , blighted , unsecured or abandoned structures or that may
be the subject of foreclosure; creating and implementing a process
for registration of such properties and providing for enforcement
and penalties .
15
If you desire to present evidence or you are unable to use Zoom, tnere are
procedures to follow and other options available including a dedicated
phone line to listen and participate in the meeting and limited public
attendance, all of which is set forth in the meeting notice posted at City Hall
and at htt ://www.southrniarnifl. ov 580/Public-Meetin s-Notices. Anyone
who wishes to review pending application, supporting documentation or
who desire to have documents made available for viewing by everyone
during the meeting must contact the City Cl erk by calling 305-663-6340.
Note that pursuant to Florida Statutes 286.0105, a person who decides to
appeal any decision made by a Board, Agency or Commission with respect
to any matter considered at its meeting or hearing, a record of the proceedings
will be required for said appeal and such person will be required to have a
verbatim transcript of the proceedings including the testimony and evidence
upon which the appeal is t.o be based .
1 The minimum standards for adopting a resolution or enacting an ordinance
are set forth in 166.041 (4) •-A majority of the members of the governing body
shall constitute a quorum. An affirmative vote of a majority of a quorum
present is necessary to enact any ordinance or adopt any resolution. •-
ADA: To request a modification to a policy, practice or procedure or to re-]
quest an auxiliary aide or service in order to participate in a City program ,
activity or event, you must on or before 4:00 p.rn. 3 business days before
the meeting (not counting the day of the meeting) del iver your request to
the City Clerk by telephone : 305-663-6340, by mall at 6130 Sunset Drive ,
South Miami, Florida or email at npayne@southmiarnifl.gov.
9/9
Nkenga A. Payne, CMG , FCRM
City Clerk
22-110/0000619235M
SUNDAY SEPTEMBER 11 2022 NEIGHBORS ...................................................................................................15SE
16
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF SECOND/FINAL BUDGET HEARING
In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at
the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of
South Miami Code , Chapter 286 .011 , Fla . Stat, the City's Home Rule Powers , and City Manager's declaration of a state of emergency
due to the Coronavirus , the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications
media technology (CMT) until the state of emergency has ended or social distancing is no longer required by any relevant Executive
Orders . All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the
public may join the meeting via Zoom at (https://zoom .us/j/3056636338) and participate . At a minimum, at least three members of the
City Commission will be physically present in the City Commission Chambers' and they will be broadcast on the Zoom platform along
with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from
other locations.
The meeting is scheduled to begin on Wednesday September 21 2022 at 6:00 p.m. to consider the following public hearing item(s):
An Ordinance of the City of South Miami , located in Miam~Dade County, Florida, approving a tentative millage rate for the fiscal year
commencing October 1, 2022, through September 30, 2023 ("fiscal year 2022/2023") which amount may be amended at the first or second
reading, and approving and enacting Iha final millage rate of the City on second reading.
An Ordinance of the CHy of South Miami ("City''), located in Miam~ada County, Florida, approving a proposed budget for the CHy for Iha fiscal year
commencing October 1, 2022, through September 30, 2023, including Iha salaries and expanses of Iha City's officars, and which budgeted amount
may be amended at the first or second reading of this Ordinance, and approving and enacting the final budget on second reading .
If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a
dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice
posted at City Hall and at http ://www.southmiamifl.gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application ,
supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact
the City Clerk by calling 305-663-6340 .
Note that pursuant to Florida Statutes 286.0105 , a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any
matter considered at its meeting or hearing , a record of the proceedings will be required for said appeal and such person will be required to have a verbatim
transcript of the proceedings including the testimony and evidence upon which the appeal is to be based .
ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity
or event you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by
telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami , Florida or email at npayne@southmiamifl .gov.
Nkenga A. Payne, CMC, FCRM
City Clerk
'The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) •••A majority of the members of the governing body shall
constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution.***
OPA-LOCKACRA '@ Cb !\. REQUEST FOR PROPOSALS ~ ~ RFP NO : 22-1011200
BANKING SERVICES FOR
OPA-LOCKA COMMUNITY REDEVELOPMENT AGENCY
Sealed Proposals for Banking and Financial services
for the Opa-locka Community Redevelopment Agency
will be received by the City of Opa-locka at the Office
of the City Clerk, 780 Fisherman St, 4"' Floor, Opa-
locka, Florida 33054, Tuesday, October 11, 2022
by 2·00 p m Any RFP Package received after the
designated closing time will be returned unopened .
The City of Opa-locka will be accepting proposals by
mail, however it is your responsibility to submit your
proposal by the due date. In addition, proposals may
be submitted via www.demandstar.com (e-bid). The
address to submit sealed proposals is listed below:
CITY OF OPA-LOCKA
Office of the City Clerk
780 Fisherman Street, 4"' Floor
Opa-locka , Florida 33054
An original and six (6) copies for a total of seven (7) plus
1 copy of the Proposal package on USB Flash Drive
in PDF format shall be submitted in sealed envelopes/
packages addressed to the City Clerk, City of Opa-
locka, Florida, and marked RFP for Banking Services
for the Community Redevelopment Agency.
Proposers desiring information for use in preparing
proposals may obtain a set of such documents by
visiting the City's website at www.opalockafl .gov or
www.demandstar.com .
The OCRA reserves the right to accept or reject any
and all proposals and to waive any technicalities or
irregularities therein . The OCRA further reserves the
right to award a contract to that proposer whose
proposal best complies with the RFP NO: 22-1011200
requirements . Proposers may not withdraw their
proposal for a period of ninety (90) days from the date
set for the opening thereof.
A pre-bid meeting will be held on Tuesday, September
27, 2022 at 10:00 a .m. at 780 Fisherman Street, 4th
Floor, Opa-locka, FL 33054 and via zoom .
To participate via Zoom, please use the call-in
information listed below:
https://us02web.zoom .us/j/82922901733?pwd=MWF2
UmY2TnFhZTJSeGdlZ0dEVHdvZz09
Meeting ID : 829 2290 1733
Passcode :912141
One tap mobile
+13126266799.,82922901733# "" '912141 #
US (Chicago)
+16465588656.,82922901733#.,.,'912141 #
US (New York)
Dial by your location
+1 312 626 6799 US (Chicago)
+1 646 558 8656 US (New York)
+1 301 715 8592 US (Washington DC)
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 669 900 9128 US (San Jose)
+1 719 359 4580 us
Find your local number: https·//ys02web zoom us/y/
kbT1yogE3C
City Clerk, CMC
Joanna Flores
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function and conduct vital
business during the COVID 19 pandemic and, at the same time , to protect the
health, safety and welfare of its citizens , officers, officials and administrative staff,
and pursuant City of South Miami Code , Chapter 286.011 , Fla . Stat, the City's
Home Rule Powers, and City Manager's declaration of a state of emergency due
to the Coronavirus , the City will be holding its City Commission Meeting live in
chambers and VIRTUALLY through communications media technology (CMT)
until the state of emergency has ended or social distancing is no longer required
by any relevant Executive Orders. All Commission members will participate in
Chambers or by video conferencing through the Zoom platform and members of
the public may join the meeting via Zoom at (https:/ /zoom.us/j/3056636338) and
participate. At a minimum, at least three members of the City Commission will be
physically present in the City Commission Chambers 1 and they will be broadcast
on the Zoom platform along with all other members of the Commission, City Staff
and the public who may attend remotely from the Commission Chambers and from
other locations.
The meeting is scheduled to begin on Tuesday. September 20, 2022, at 7:00 p.m.
to consider the following public hearing item(s):
An Ordinance establishing an electric franchise with Florida Power & Light
Company for the construction, installation, and powering of new LED streetlights
within the City of South Miami, including at Paseo Park .
An Ordinance of the Mayor and City Commission for the City of South
Miami, Florida, conveying all water facilities built and constructed to serve
South Miami Water Main, DW 2020-30835 to Miami-Dade County as is more
particularly described herein .
An Ordinance of the Mayor and the City Commission of the City of South
Miami, Florida relating to the fee schedule, amending the Parking Division Fee
Schedule , adding a specific hourly parking fee for the Library Parking Lot.
An Ordinance amending Section 12-8 .2 of the City of South Miami's Code
of Ordinance for the purposes of regulating properties that have vacant ,
blighted, unsecured or abandoned structures or that may be the subject of
foreclosure; creating and implementing a process for registration of such
properties and providing for enforcement and penalties .
If you desire to present evidence or you are unable to use Zoom, there
are procedures to follow and other options available including a dedicated
phone line to listen and participate in the meeting and limited public
attendance , all of which is set forth in the meeting notice posted at City Hall
and at http ://www.southmiamifl.gov/580/Public-Meetinqs-Notices. Anyone
who wishes to review pending application, supporting documentation or who
desire to have documents made available for viewing by everyone during the
meeting must contact the City Clerk by calling 305-663-6340.
Note that pursuant to Florida Statutes 286.0105 , a person who decides to appeal any decision made by
a Board , Agency or Commission with respect to any matter considered at its meeting or hearing, a record
of the proceedings will be required for said appeal and such person will be required to have a verbatim
transcript of the proceedings including the testimony and evidence upon which the appeal is to be based.
ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order
to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the
meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone : 305-663-6340,
by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne , CMC, FCRM
City Clerk
'The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041 (4) '"A
majority of the members of the governing body shall constitute a quorum . An affirmative vote of a majority of a
quorum present is necessary to enact any ordinance or adopt any resolution .'"