Ord No 32-23-2483ORDINANCE NO. 32-23-2483
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING ARTICLE IV, "WATER
SHORTAGE PLAN," OF CHAPTER 16B, "SEWERS AND
WATER,'' OF THE CITY CODE OF ORDINANCES TO
INCORPORATE APPLICABLE MIAMI-DADE COUNTY
PERMANENT YEAR-ROUND LANDSCAPE IRRIGATION
RESTRICTIONS AND PROVIDE FOR ENFORCEMENT BY
THE CITY; PROVIDING FOR CORRECTIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR IMPLEMENTATION AND
AN EFFECTIVE DATE.
WHEREAS, Article Vlll, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provides municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, the City Commission of the City of South Miami ("City") finds it
periodically necessary to amend its Code of Ordinances ("Code") in order to update regulations
and procedures to maintain consistency with state law, implement municipal goals and objectives,
clarify regulations, and address specific issues and needs that may arise; and
WHEREAS, the South Florida Water Management District ("District") notified the City
that Miami-Dade County (the "County") revised Section 32-8.2 of the County Code of Ordinances
to strengthen and update pem1anent year-round landscape irrigation restrictions (the '"Itrigation
Ordinance"); and
WHEREAS, the County's Irrigation Ordinance sets fot1h the minimum standards for
landscape irrigation within the incorporated and unincorporated areas of the County, among other
things, and is applicable to the City; and
WHEREAS, the Irrigation Ordinance specifically provides that landscape irrigation
restrictions "shall apply to both the incorporated and unincorporated areas of the County ... and in
the incorporated areas of the County shall be enforced by the municipalities, unless the County is
notified by a municipality, in the form of a letter from an authorized representative of the
municipality or by a duly adopted resolution, that the municipality desires the County to enforce
the restrictions identified in th[ e] [Irrigation Ordinance] within that municipality"; and
WHEREAS, in its letter, the District notified the City that not all provisions of the
County's Irrigation Ordinance were self-executing, and requested that the City identify whether it
would be (I) formally adopting its own landscape irrigation regulations; (2) relying on the
County's Irrigation Ordinance, but requesting County enforcement by letter from an authorized
City representative; (3) relying on the County's Irrigation Ordinance, but requesting that County
Page 1 of 4
Ord. No. 32-23-2483
enforcement by adoption of a formal resolution; or (4) relying on the County's Irrigation
Ordinance and providing enforcement through City police or code enforcement officers; and
WHEREAS, the City desires to amend Article IV. -"Water Shortage Plan," of Chapter
16B, "Sewers and Water," to formally adopt and incorporate the County's Irrigation Ordinance,
as may be amended from time to time, and provide for local enforcement through the City's police
and/or code enforcement officers, as applicable; and
WHEREAS, the City Commission finds that this Ordinance is in the best interest and
welfare of the City and approved it on first reading on November 21, 2023 subject to revisions to
address enforcement procedures, including the issuance of a courtesy notice to a first time offender
and adjustment of penalties for subsequent violations; and
WHEREAS, on December 5, 2023, the Mayor and City Commission conducted a duly
noticed public hearing as required by law and approved the ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: 1
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amending Chapter 16B, Article IV of the Code. Chapter 16B, "Sewers
and Water," of Article IV "Water Shortage Plan'' of the City Code of Ordinances, is hereby
amended to read as follows:
CHAPTER 16B-SEWERS AND WATER
***
ARTICLE IV. -WATER SHORTAGH l2bAN USE REGULA TIO NS
Section 16B-5 l. -Intent and purpose.
It is the intent and purpose of this article to protect the water resources of South Miami from the
harmful effects of overutilization, including during periods of water shortage" and allocate
available water supplies by assisting the South Florida Water Management District in the
implementation of water conseivation measures and its water shortage plan.
Sec. 16B-57. Penalties.
(a) Violation of any provisionofthis article shall be subject to the following penalties:
First violation, tssuartce ·of a·courtesinotice;-!iecbrtd vioiaiioiil twenty-five dollars
1 Coding: Strilceihfough words are deletions to the existing words. Underlined words are additions to the existing
words. Changes between first and second reading are indicated with deable ebliliethfet1~ and dmlhk_underline and
shaded in ~y.. Modifications made at second reading are shaded in ijj)j\mj. --
Page 2 of4
Ord. No . 32-23-2483
($25 .00); third violation, fifty dollars ($50.00), fourth seeeea and subse9u e nt
v iola tions, fw e not to exceed one M hundred d o ll a rs ($100.00 $500.00) a-a4lef
JHlprisonmeat in the eo1,1Rtyjail not to e~weed sixty (60) days.
(b) Each day in v iolati o n of this article shall cons titute a separate offense. In the initial
stages of water sho rtage or water shortage emergency, la w enforcement officia ls may
provide violators with no more th an one writte n warning. The c ity , in addition to the
c riminal sanctions conta ined he rein, may take other appropriate legal acti on, inc lud ing,
but not limited to emergency injunctive actio n, to e nfo rce the provisions of thi s article.
***
Section 16B -5 9. P e rmanent year-round lan dscape irrigation restrictions . The City he reby
inc orporates and adopts and shall enforce the requirements set forth in sectio n 32-8.2, "Permanent
Year-round Landscape Irrigation Restri ctions ," of the Miami-Dade Coun ty Code of Ordinances,
as may be ame nded from time to time. Th e prov is ions of the section sh all apply to all users w ithin
the City of a ny wate r r eso urc e within th e county, whether from publicly or privately owned water
utility systems, private wells, or pri vate connections w ith s urface water bodies.
Section 3. Conections. Conforming langu age or technical scriven er-type con-ections
may be m ad e by the City Attorn ey fo r any conforming amendments to be incorporated into the
final Ordinance for signa ture.
Section 4. Severability. If any section , c lau se, sentence, or phrase o f this Ordinance
is for any r eason he ld invalid or unconstituti onal by a court of comp etent jurisdiction, t he holdi ng
shall no t affoct the validity of th e remaining portions of this Ordinance.
Section 5. Conflicts. That a ll ordinances or parts of o rdina nces, resolutions or parts
of resolutions, in conflict herew ith , a re repealed to th e exten t of such conflict.
Section 6. Implementation. The C ity Manager is hereby authorized to take any and
all necessary action to implement the purposes of this Ordinan ce.
Section 7.
adoption.
Effec tive Date. T hi s Ordinance sh a ll b ecome effecti ve immediately u pon
PASSED on first reading on the 2 1st day of November, 2023 .
PASSED AND ADOPTED o n second reading o n the~ d ay of December, 2023.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
APPROVED:
MAY~_-
COMMISSION VOTE:
Mayor Fern a nd ez:
Page 3 o f4
4-1
Yea
Ord. No. 32-23 -2483
EXECUTION THEREOF
~ANCOLE
& BIERMAN, P.L.
C ITY ATTORNEY
Vice Mayor Bonich:
Commi ss ion er Call e:
Commissioner L iebman:
Comm issioner Corey:
Page 4 o f4
Nay
Yea
Yea
Yea
Agenda Item No:15.
City Commission Agenda Item Report
Meeting Date: December 5, 2023
Submitted by: Nkenga Payne
Submitting Department: City Manager
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING ARTICLE IV, “WATER SHORTAGE PLAN,” OF CHAPTER 16B, “SEWERS AND WATER,” OF
THE CITY CODE OF ORDINANCES TO INCORPORATE APPLICABLE MIAMI-DADE COUNTY PERMANENT
YEAR-ROUND LANDSCAPE IRRIGATION RESTRICTIONS AND PROVIDE FOR ENFORCEMENT BY THE
CITY; PROVIDING FOR CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR IMPLEMENTATION AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PUBLIC WORKS &
ENGINEERING)
Suggested Action:
Attachments:
Memo_re_irrigation.docx
Ordinance_Amending_Chapter_16B_of_the_City_Code_County_Water_Irrigation_Restrictions - SR.docx
South_Miami_PDFMailer12614.pdf
MDBR Ad.pdf
MH 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:Genaro “Chip” Iglesias,City Manager
DATE:December 5, 2023
SUBJECT:Amendment to the City’s Code of Ordinances to Incorporate Applicable Miami -
Dade County (MDC) Landscape Irrigation Restrictions and Provide for
Enforcement by the City.
RECOMMENDATION:Approve the amendment, on second reading, incorporating MDC’s
landscape irrigation restrictions and providing for enforcement by the
City.
BACKGROUND:The South Florida Water Management District (“District”) notified the
City that Miami-Dade County (the “County”) revised Section 32-8.2 of
the County Code of Ordinances to strengthen and update permanent
year-round landscape irrigation restrictions (the “Irrigation
Ordinance”). The County’s Irrigation Ordinance sets forth the minimum
standards for landscape irrigation within the incorporated and
unincorporated areas of the County, among other things, and is
applicable to the City.
In its letter, the District notified the City that not all provisions of the
County’s Irrigation Ordinance were self-executing, and requested that
the City identify whether it would be (1) formally adopting its own
landscape irrigation regulations; (2) relying on the County’s Irrigation
Ordinance, but requesting County enforcement by letter from an
authorized City representative; (3) relying on the County’s Irrigation
Ordinance, but requesting that County enforcement by adoption of a
formal resolution; or (4) relying on the County’s Irrigation Ordinance
and providing enforcement through City police or code enforcement
officers.
The City desires to amend Article IV. -“Water Shortage Plan,” of
Chapter 16B, “Sewers and Water,” to formally adopt and incorporate
the County’s Irrigation Ordinance, as may be amended from time to
time, and provide for local enforcement through the City’s police
and/or code enforcement officers, as applicable.
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
ATTACHMENTS:Resolution
Agreement
Proposal
3
July 20, 2023
Genaro Iglesias
City Manager
City of South Miami
6130 Sunset Dr
South Miami, FL 33143-5040
Subject: Protecting South Florida’s Water Resources
Water Conserving Landscape Irrigation Ordinances
Dear Manager Iglesias:
With South Florida’s growing demands for water, it’s especially important that we work closely
together to properly manage and conserve our precious water resources. Implementing water
conservation measures promotes efficient water use and decreases water waste.
Since February 2020, the South Florida Water Management District (“District”) has been engaged in
an initiative to have all local governments within its jurisdiction, including those in Miami-Dade
County, adopt permanent local year-round irrigation ordinances that comport with the District’s Year-
round Landscape Irrigation Conservation Measures (“Year-Round Irrigation Rule”) contained in
Chapter 40E-24, Florida Administrative Code (“F.A.C.”). The District’s Year-Round Irrigation Rule is a
year-round measure that restricts the times and number of days landscape irrigation is allowed.
Several municipalities in Miami-Dade County have previously indicated a desire to utilize or want to
be consistent with Miami-Dade County’s irrigation ordinance. In March of 2023, Miami-Dade County
(“County”) updated their Permanent Landscape Irrigation Restrictions, which can be found in Chapter
32, Article I, Sec 32-8.2, of their County Code (copy attached). The County’s updates include
provisions that comport with Chapter 40E-24, F.A.C. These newly adopted revisions apply to the
entire county (unincorporated and incorporated areas), contain variance (Alternative Method of
Compliance) provisions, and address local enforcement of the County codes. The District’s
preference is for each local government to adopt their own year-round landscape irrigation ordinance
equivalent to or more stringent than the County’s.
However, if a municipality prefers to rely on the County’s ordinance, not all provisions of the County’s
ordinance are self-implementing. For instance, the provision regarding enforcement (County Code
[Sec 32-8.2(a)]) states:
“…in the unincorporated areas of the County shall be enforced as described in section 32-
8.2(e), in the incorporated areas of the County shall be enforced by the municipalities, unless
the County is notified by a municipality, in the form of a letter from an authorized representative
of the municipality or by a duly adopted resolution, that the municipality desires the County to
enforce the restrictions identified in this section within that municipality. Any municipality may
establish and enforce its own ordinance provided such ordinance is equivalent to or more
stringent than the provisions of this section.”
8
Genaro Iglesias
July 20, 2023
Page 2
Identifying the responsibilities of each entity involved ensures irrigation restrictions are
comprehensively addressed and applied consistently countywide. At this time, the District is seeking
to ascertain which of the below options your municipality may elect to utilize regarding the restriction
of landscape irrigation year-round within your incorporated boundaries:
a. Adoption of your own year-round landscape irrigation ordinance equivalent to or more stringent
than the County’s; or
b. Rely on Miami-Dade’s Permanent Landscape Irrigation Restrictions ordinance and
enforcement with submittal of a letter from an authorized representative to the County
requesting the County enforce the ordinance within your jurisdiction; or
c. Rely on Miami-Dade’s Permanent Landscape Irrigation Restrictions ordinance and
enforcement with adoption of a resolution requesting the County to enforce the ordinance
within your jurisdiction; or
d. Rely on Miami-Dade’s Permanent Landscape Irrigation Restrictions ordinance but provide
enforcement locally either with or without adopting a formal resolution to do so.
As part of each of these options, water conservation education and outreach are necessary
components to ensure irrigation is effectively applied when needed, produces healthy landscape and
results in the sustainable use of the water resources. Following Miami-Dade County’s irrigation
ordinance will: (1) increase water use efficiency; (2) prevent and curtail wasteful irrigation practices;
(3) prohibit the operation of irrigation systems in a manner causing water to be wasted; and (4) allow
for consistent messaging so that residents understand and comply with all irrigation requirements.
The District will assist municipalities in adoption and implementation of mandatory year-round
landscape irrigation conservation measures, as well as partner in water conservation education and
outreach.
We look forward to working with you and your staff to help put consistent rules and ordinances in
place across South Florida so that residents clearly understand and comply with all irrigation
requirements. The District requests that you please respond to this letter by August 15th, 2023 with
which option above your municipality intends to pursue.
If you have any questions or would like to discuss how we can assist, please contact me at
melsner@sfwmd.gov or (561) 682-6156; or Jim Harmon, the District’s Water Conservation
Supervisor, at jharmon@sfwmd.gov or (561) 682-6777.
Sincerely,
Mark E. Elsner, P.E.
Water Supply Bureau Chief
ME/jh
Attachment: Miami Dade County Code, Chapter 32, Article I, Sec 32-8.2
c: Patrick Martin, Miami-Dade Water and Sewer Department
Armando Vilaboy, South Florida Water Management District
9
10
MIAMI-DADE
STATE OF FLORID A
COUNTY OF MIAM I-D ADE:
Before the undersigned au thority personally appeared
ROSANA SALGADO, who on oath says that he or she is the
LEG AL CLERK , Le gal Notices of the Miami Daily Business
Review f/k/a Miami Revi ew, of Miami -Dade County , Florida ;
Iha\ \he attached. COll'f o f advertisement , being a Legal
Advertise ment of Not ice in the matte r of
CITY OF SOUTH MIAMI -PUBLIC HEAR ING -DEC . 5, 2023
in the XXXX Court,
was published in a newspaper by pri nl in the is sues of Miami
Daily Business Review f/k/a Miami Review on
11 /24/2 023
Affia nt further says that th e newspaper complies with all
lega l requiremen ts tor publica tion in chapter 50, Flo rida
S\a\\l\es.
L.~"·· ... ,,.~•hi• 24 da of
(SEAL)
ROSANA SALGAOO µet"SOna\\y \mow n to me
~~~•;;..;·~·tt.···· /f·•i;,Y---. CHR ISTINA LYNN RAVIX-DORLEANS
;:: ~ :~! Comm i ss ion# HH 332954 ,-t~~c ,·;,<?··' Expires November 19 2026 ,,,.,,.,, I
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION MEETING
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a public hearing
on Tuesda December 5 2023 at 7:00 .m. at South Miami Cl Hall
Commission Chambers, 6130 Sunset Drive, South Miami, FL 33143, tc
consider the following public hearing ltem(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING A FRANCHISE
AGREEMENT WITH REDSPEED FLORIDA, LLC FOR THE INSTALLATION
AND OPERATION OF SPEED DETECTION SYSTEMS FOR
ENFORCEMENT OF SPEED LIMIT VIOLATIONS OCCURRING IN
ELIGIBLE SCHOOL ZONES AND RELATED TRAFFIC REPORT
SERV ICES AT NO COST TO THE CITY, CONTINGENT UPON FULL
COMPLIANCE BY THE CITY AND REDSPEED FLORIDA, LLC
WITH ALL THE REQUIREMENTS OF CHAPTER 2023-1 74 OF THE
LAWS OF FLORIDA; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A FRANCHISE AGREEMENT WITH
REDSPEED FLORIDA LLC FOR THE SERVICES; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, SEVERABIUTY AND AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING ARTICLE Ill 'ZONING
REGULATIONS", SECTION 20-3.6(1) OF THE LAND DEVELOPMENT
CODE, ADDRESSING PERMISSIBLE HEIGHT OF AN ACCESSORY
STRUCTURE; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DA1E.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING ARTICLE Vf "ADMINISTRATION
AND ENFORCEMENT", SECTIONS 20-6.1 'ADMINISTRATIVE
ENTITIES" AND 20-6.2 "APPEALS AND REVIEW ' OF THE LAND
DEVELOPMENT CODE, TO PROVIDE FOR CITY COMMISSION
REVIEW OF APPEALS OF ADMINISTRATIVE DECISIONS IN
CONNECTION WITH ENFORCEMENT OF LAND DEVELOPMENT
REGULATIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION;
AND AN EFFECTIVE DATE.
11
<
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING A FRANCHISE
AGREEMENT WITH AMERICAN WASTE SYSTEMS, LLC TO
LEASE A PORTION OF THE CITY-OWNED PROPERTY LOCATED
OUTSIDE THE CITY'S JURISDICTION AT 4795 SW 75 AVENUE
FOR THE OPERATION OF AN INDOOR WASTE PROCESSING
AND LOADING FACILITY; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE A FRANCHISE AGREEMENT
RELATING TO THE LEASE OF THE PROPERTY; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, SEVERABILITY, AND AN
EFFECTIVE DATE .
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, CREATING A NEW ARTICLE
VI OF CHAPTER 17 OF THE CITY'S CODE OF ORDINANCES TO
REGULATE THE CONTROL OF DISCHARGE OF POLLUTANTS
INTO STORMWATER COLLECTION FACILITIES PURSUANT TO
TH E NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT PROCESS ; PROVIDING FOR CORRECTIONS;
CODIFICATION; SEVERABILITY; CONFLICTS; IMPLEMENTATION;
AND AN EFFECTIVE DATE ..
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLOR IDA, AMENDING ARTICLE IV,
'WATER SHORTAGE PLAN ," OF CHAPTER 16B, 'SEWERS AND
WATER,' OF THE CITY CODE OF ORDINANCES TO INCORPORATE
APPLICABLE MIAMI-DADE COUNTY PERMANENT YEAR-ROUND
LANDSCAPE IRRIGATION RESTRICTIONS AND PROVIDE FOR
ENFORCEMENT BY Tl-IE CITY; PROVIDING FOR CORRECTIONS ;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR IMPLEMENTATION AND AN EFFECTIVE DATE .
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/V3056636338). by phone by calling +1-786-
635-1003 and entering Meeting ID: 3056636338 when prompted, or in
person in the Commission Chambers , and where the ir appearance will be
broadcast on the Zoom platform, and where they can participate.
All interested parties are invited to attend and will be heard .
For further informatio n, please contact the City Cl811<'s Office al: 305 -663-634 0.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public
that if a person decides to appeal any decision made by the Commission
with resp ect to this matter, such person must ensure that a verbatim reco rd
of the proceedings is made, which record includes the testimony and evidence
upon wh ich the appeal Is to be based . This not ice does not constitute
-~tiVffle City for the introduction or admission of otherwise inadmisslbl
or Irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
ADA: To request a modification to a pol icy, practice or procedure or to re-
qu es t 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 (n ot counting the day of the meeting) deliver your request to
the City Clerk by tele phone: 305-663-6340, by mail at 6130 Sunset Drive,
South Miami, Florida or email at npayne@southm iamifl.gov.
11/24
Nkenga A. Payne, CMC, FCRM
City Clerk
23-59/0000696206M
SUNDAY NOVEMBER 26 2023 NEIGHBORS ...................................................................................................15SE
PHOTOS BY PEDRO PORTAL pportal@miamiherald.com
Above,fairgoers browse at
vendors’booths ths during
the celebration of the Miami
Book Fair’s 40th Edition in
downtown Miami on Nov.18.
Below:Families and kids
enjoy the aerial
performance Bloom!By
Sway,at the Children’s Alley.
The annual book fair,held
on the campus of Miami
Dade College’s Wolfson
campus,is South Florida’s
signature literary event.
Glimpses of Miami Book Fair
12