Ord No 27-22-2448ORDINANCE NO. 27-22-2448
An Ordinance of the Mayor and the City Commission of the City of South Miami,
Florida relating to the fee schedule, amending the Code Enforcement Fines
Schedule, increasing the fee for hat racked tree and adding a specific fee for
improper tree removal.
WHEREAS, the City of South Miami currently enforces hat racking and improper tree
removal with a fine of $250 per tree; and
WHEREAS, the fine is not high enough to discourage property owners from hat racking or
improperly removing trees; and
WHEREAS, in comparison to surrounding municipalities, the fine imposed by the City of
South Miami is the lowest; and
WHEREAS, Pinecrest and Miami-Dade County currently issue a $500 fine per tree with
fines increasin·g for repeat offenses
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The Schedule of Fees and Fines for the Code Enforcement Fines Schedule
is hereby amended to read as follows:
OTHER VIOLATIONS NOT CATEGORIZED
HATRACKED TREE
Fee per tree
Description
Improper Tree Removal (without a permit)
Current
Fees
$250.00
Proposed
New
Fees
$500
$500
Section 2. Corrections. Conforming language or technical scrivener-type corrections may
be made by the City Attorney for any conforming amendments to be incorporated into the final
ordinance for signature.
Section 3. Codification. The provisions of this ordinance will become and be made part of
the Code of Ordinances of the City of South Miami as amended.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Pagelof2
Ord . No . 27 -22-244 8
Section 5. 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 va lid ity of the remaining portions of this ordinance.
Section 6. Effective Date. This ord inan ce w ill become effective upon enactment.
PASSED AND ENACTED this 6th day of December, 2022.
ATTEST:
~~~
1st Reading -11/15/2022
2nd Reading -12/6/2022
READ AND APPROVED AS TO FORM:
LANGUAG L~ALITY,
N HEREOF
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
Commissioner Corey:
Commissioner Liebman:
Pag e 2 of2
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:13.
City Commission Agenda Item Report
Meeting Date: December 6, 2022
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida relating to the fee
schedule, amending the Code Enforcement Fines Schedule, increasing the fee for hat racked tree and adding a
specific fee for improper tree removal. 3/5 (Commissioner Corey)
Suggested Action:
Attachments:
Memo_Revising_the_Fines re Trees.docx
Ordinance_Revising_Code_Fine_for_Tree_Removal.docx
MDBR Ad..pdf
Miami Herald Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:The Honorable Mayor, Vice Mayor, and Members of the City Commission
From:Shari Kamali, ICMA-CM, City Manager
Date:November 15, 2022
Subject:An Ordinance of the Mayor and the City Commission of the City of South Miami,
Florida relating to the fee schedule, amending the Code Enforcement Fines
Schedule, increasing the fee for hat racked tree and adding a specific fee for
improper tree removal.
BACKGROUND
The City of South Miami currently enforces hat racking and improper tree removal with a fine of
$250 per tree. The fine is not high enough to discourage property owners from hat racking or
improperly removing trees. In comparison to other municipalities, such as Pinecrest and Miami-
Dade County, which issue fines at $500 per tree that increase with each repeat offense, South
Miami is the lowest.
Increasing the fine for hatracking and improper tree removal (without a permit)to $500 per tree,
will aid in protecting the City’s important tree canopy.
ATTACHMENTS
Proposed Ordinance
2
THE CITY OF PLEASANT LIVING
5
MIAMI-DADE
STATE OF FLOR ID A
COUN TY OF M IA MI-DAD E:
Before the unde rsigned authority personally appeared
ROSANA SA LGADO , who on oath says that he or she is the
LE GAL CL ERK, Legal Not ices of the Miam i Daily Business
Review flkla Miami Rev iew , a da i ly (except Saturday .
Sunday and Legal Holidays) newspaper , published at Miam i
in Miami-Da de County , Florida ; \hat the attached copy of
adverti sement , being a Lega l Advertisement of Notice in the
matte r of
CITY OF SOUTH MIA MI -PUBLIC HEARINGS -DEC . 6, 2022
in the XXXX Court,
was pu bli shed in sai d newspaper by print in the issues of
and/or by publication on the newspaper's website, if
authorized , on
11/25/2022
Affia nt further says that the newspaper comp li es with all
lega l req ui reme nts for pu bli cation in chapte r 50 , Florida
Sta tutes .
Swo rn to and subsc ribed before me this
25 day of NOV EMB ER, A.D. 2022
ROSANA SALGADO pe rsona ll y known to me
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 Coronav!ru s, the City will be
holding its City Commission Meeting live in chambers and VIRTUAI..L Y through
communications media technology (CMl) 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 th rough the Zoom platform and members of the public may join
the meeting via Zoom at htt s://zoom.us//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 wh o m ay attend rem otely from the
Commission Chambers and from other locations.
The meeting is scheduled to begin on Tuesda Decem ber 6 20 at 7:00 .m.
to consider the following public hearing item(s):
A Resolution authorizing the City Manager to enter into a multi-year
lease agreement for City copiers with Canon Solutions America
onto a piggyback-agreement with OMNIA Partners, a purchasing
cooperative.
An Ordinance of the Mayor and the City Commission of the City of
South Miami, Florida relating to the fee schedule, amending the
Code Enforcement Fines Schedule , increasing the fee for hat racked
tree and adding a specific lee for improper tree removal.
6
ff you desi re 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.so_uthm lamifl . .9Q.Y[580/Public-Meetin s-Nofce_s. Anyone who
wishes to review pend ing applicati on , supporting documentation or who
des ire to have documents made av ailab le for view ing by evertone du ri ng
the meeting must co tact 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
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 ls necessary to enact any ordinance or adopt any
resolution. ""
11/25 ~--~~----22-12/0000632301M
SUNDAY NOVEMBER 27 2022 NEIGHBORS ...................................................................................................23SE
The U.S. Food and Drug
Administration wants
consumers and restau-
rants to avoid serving or
eating — preferably, just
throw out — a brand of
frozen raw oysters distrib-
uted in 13 states and sus-
pected of causing sapovi-
rus infections. Here’s what
you need to know about
Wednesday’s advisory.
What oysters are in-
volved?Dai One Food
Co.’s frozen half shell
oysters harvested on Feb.
6,2022, from Designated
Area II in South Korea.
What states sell these
oysters?The frozen oys-
ters were distributed in
Florida, California, North
Carolina, South Carolina,
New York, New Jersey,
Alabama, Georgia, Mary-
land, Nevada, Pennsylva-
nia, Tennessee, Virginia.
Why is there an ad-
visory?The FDA says the
Southern Nevada Health
District has found “two
clusters of illnesses” of
people that ate raw oysters
at a Las Vegas restaurant
on Oct.28 and Nov. 5.
The district says it has one
confirmed and nine pos-
sible sapovirus infections.
Sapovirus is more com-
mon in children under the
age of 5 than adults. When
it hits, it usually brings di-
arrhea and/or vomiting,
nausea and stomachaches,
starting 12 hours to 48
hours after an infection,
for one to four days.
What should you do?
If you have any of the
frozen raw half shell oys-
ters described above, toss
them in the garbage. If
you’ve eaten these oysters
or any food and experi-
ence sapovirus symptoms,
see a medical profession-
al.
PUBLIC HEALTH
The FDA issued a ‘d o not eat’
oyster advisory for Florida,
New Yo rk,11 other states
BY DAVID J. NEAL
dneal@miamiherald.com
FDA
There’s an FDA advisory
about frozen half shell
oysters from South Korean
company Dai One Food.
7
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' 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. December 6, 2022, at 7:00 p.m. to consider the following public hearing item(s):
A Resolution authorizing the City Manager to enter into a multi-year lease agreement for City copiers with Canon Solutions
America onto a piggyback agreement with OMNIA Partners , a purchasing cooperative .
A Resolution authorizing the City Manager to execute a mult~year agreement with Breezeline, LLC for internet services at
South Miami Senior Center.
An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida relating to the fee schedule, amending
the Code Enforcement Fines Schedule , increasing the fee for hat racked tree and adding a specific fee for improper tree removal.
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,{;340, by mail
at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamift .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 . ,..,.
TOWN OF CUTLER BAY
NOTICE OF ZONING WORKSHOP
The Town of Cutler Bay will hold a ZONING WORKSHOP on Wednesday, December
7, 2022, at 6:00 PM at the Town of Cutler Bay Town Council Chambers, 10720 Caribbean
Blvd., Cutler Bay, FL 33189. Workshop times are provided below. For additional
information, use the QR codes below or visit www .cutlerbay-fl .gov/projects. Interested
parties may view presentations in person or virtually via ZOOM. Any person wishing to
address the Town Council on the item listed below can also call (786)573-5529, Zoom
Meeting ID: 872 0887 9981 prior to the items being heard:
Project 1:
Applicant: A & E Partners Holding, LLC
Project Number: PLAN-08-22-00063
Location: 19500 S. Dixie Highway
Folio:
Description:
Project 2:
36-6005-075-0010
Site plan application for construction of a 760-unit mixed use
development consisting of four (4) buildings on a 10.6 acre parcel.
Applicant: R.T.G. Furniture Corp.
(Rooms to Go Furniture)
Project Number: PLAN-10-22-00070
Location:
Folio:
Description:
18722 S. Dixie Highway
36-6005-052-0020, 36-6005-052-0050
Site plan application for 12,285 square foot expansion of an existing
23,599 square foot furniture store incorporating a new parcel into the
development site, and additional site modifications and improvements .
PLEASE NOTE: The Zoning Workshop will consist of two (2) sessions beginning at 6:00 PM
First Session (6:00 PM -6:30 PM), lasting thirty (30) minutes provides a forum for
members of the public to learn about the two (2) proposed development projects within
the Town. During this Session, the public is encouraged to ask questions and to provide
feedback to the applicants about the proposed developments.
Second Session (6:30 PM), immediately following the First Session, provides a forum
for the Town Council to learn about the two (2) proposed development projects discussed
during the first session . During this Session, the applicants will be available to answer any
questions posed by the Town Council about the proposed developments.
The proposed site plans may be inspected by the public at the Town Clerk's Office at 10720
Caribbean Blvd., Ste . 105, Cutler Bay, FL 33189. Interested parties are invited to attend the
Zoning Workshop or provide written comments to the Town Council.
In accordance with the Americans with Disabilities Act of 1990 (ADA), persons needing special
accommodations to participate in these proceedings should contact the Town Clerk's Office
for assistance at (305) 234-4262, no later than four (4) business days prior to such proceeding.
Mauricio Melinu
Town Clerk