Ord No 04-24-2489ORDINANCE NO. 04-24-2489
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, CREATING ARTICLE V "MAINTENANCE OF
PRIVATE PROPERTY" OF CHAPTER 15 "OFFENSES AND
MISCELLANEOUS PROVISIONS" OF THE CITY CODE OF
ORDINANCES TO PROVIDE FOR MINIMUM
MAINTENANCESTANDARDSFORPRIVATEPROPERTY
AND ENFORCEMENT PROCEDURES INCLUDING CITY
ABATEMENT OF OFFENDING PROPERTY CONDITIONS;
PROVIDING FOR CORRECTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR IMPLEMENTATION AND AN
EFFECTIVE DATE.
WHEREAS, Article VIII, 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, Section 15-72 of the Code and Section 20-4. 7 of the Land Development Code
provide minimum standards for property maintenance that have proven, on their own and together
with existing enforcement procedures, inadequate to preserve community character, property
values, secure the public health, safety and welfare against anything that constitutes a threat to life
and/or property; and
WHEREAS, the City finds that additional standards and enforcement procedures are
warranted to clearly set forth minimum expectations for maintenance of private property, and to
ensure those standards are met through enforcement procedures that include city abatement of
offending property conditions; and
WHEREAS, the City Commission desires to create Article V "Maintenance of Private
Property" of Chapter 15 "Offenses and Miscellaneous Provisions" of the Code to provide for
minimum maintenance standards for private property and enforcement procedures that include
abatement of offending property conditions by the City; 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 January 16, 2024 and
WHEREAS, on February 6, 2024, the Mayor and City Commission conducted a duly
noticed public hearing as required by law and approved the ordinance.
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Ord. No. 04-24-2489
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 15 "Offenses and Miscellaneous Provisions" to
Create At·ticle V "Maintenance of Private Property" of the Code. Chapter 15 "Offenses and
Miscellaneous Provisions" of the City Code of Ordinances, is hereby amended to read as follows:
Chapter 15 -OFFENSES AND MISCELLANEOUS PROVISIONS
Article V. -Maintenance of Private Property
Section 15-102.11. -Definitions.
Unless otherwise expressly stated, for purposes of this article the following term shall
have the meanings provided in this section:
Owner means any person, legal entity or other party having an ownership or
possessory interest in the subject real property within the municipal boundaries of the
city, including but not limited to a purchaser, devisee, lessee, fiduciary, occupant, or
holder of an unrecorded deed. This term also applies to any person, legal entity or
agent responsible for the construction, development or maintenance of the property
involved, as well as any person, legal entity or agent authorized to initiate a
foreclosure or collection proceeding against the subject property, whether or not such
proceeding has in fact been initiated. This term shall not apply to the city.
1 Coding: ~&r.kedu.=eagh v.refds are deletions to the existing words. Underlined words are additions to the existing
words.. Changes between first and second reading are indicated with ElealJle elrike&IH:eagh and double underline and
shaded in ~Y.-Modifications made at second reading are shaded in-.
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Ord. No. 04-24-2489
Section 15-102.12. -Prohibitions.
It shall be unlawful for the owner or any other person in possession of any property
in the city to allow the accumulation of garbage, iunk, trash, debris, litter, solid waste,
biological or hazardous or industrial waste, tires, stagnant water, a smplus grass or
weeds or vines or underbrush, or anything that constitutes a threat to life or property
or the public health, safety or welfare, or anything that creates a fire hazard.
Section 15-102.13. -Responsibilities of owner; failw·e to comply; notice of the violation
and administrative hearing.
(a) An owner is responsible for maintaining their property in a clean, orderly and
presentable appearance free of the accumulation of garbage, iunk, trash, debris, litter,
solid waste, biological or hazardous or industrial waste, tires, stagnant water, a
surplus grass or weeds or vines or underbrush, or anything that constitutes a threat to
life or property or the public health, safety or welfare, or anything that creates a fire
hazard. All landscaping of their property must be in a healthy and living condition.
All vegetation shall be kept pruned in a neat. tidy and attractive manner and all turf
areas shall be regularly mowed as necessary. Dead or diseased vegetation shall be
removed and replaced with suitable vegetation in a prompt manner. The property
must be kept clean and free of all trash and litter, including the sidewalks and swales
which abut the property.
code. Notice of the violation shall be provided by the city by the issuance of a
citation, as defined by section 2-25(b)(4) of Chapter 2, Article III, to the owner.
Service of the notice shall be deemed sufficient when addressed and deposited in the
United States mail with proper postage prepaid. Alternatively, the posting of the
citation upon the property shall serve as sufficient notice to the owner. The method
of enforcing compliance with this article is not exclusive and the city may pursue any
other remedies available under the city code and applicable law, including cumulative
remedies, to gain compliance with this article.
( c) An owner who receives a citation shall correct the violation or request an
administrative hearing before a special magistrate to appeal the citation within ten
10 calendar days from the date of the citation. The • • • •
Section 15-102.14-City's authority to abate nuisance.
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Ord. No. 04-24-2489
of the owner, including removal of items and any work necessary to secure
structure(s) in the discretion of the Building Official.
(b) If an administrative hearing is requested, and the special magistrate determines
that a violation as set forth in this section !@tr .. a·cr--:;iit(tl -:nc.ii:5b1[~
liilii'.totplmtmues~to.iexisl the special magistrate shall order that the nuisance be
abated by the owner within no more than !AieMJ{ilS:)"'Jtlif'tty •. f:JW days from the date
of the hearing. In the event that the nuisance is not abated within the specified time
period, the city is authorized to promptly abate the nuisance at the expense of the
owner, including removal of items and any work necessary to secure structure(s) in
the discretion of the Building Official.
(c) The city shall give notice to the owner at least five (5) days prior to abating the
nuisance that it will talce such action should the owner fail to do so within that time.
The notice of abatement by the city shall also advise that all costs incurred by the city
shall be imposed as a special assessment lien against the subiect property, and until
fully paid and discharged, shall remain a lien, coequal with the lien of all state,
county, district, and municipal taxes, superior in dignity to all other liens, titles, and
claims, until paid and shall bear interest at a rate not to exceed eight (8) percent per
year. Such notice of abatement may be served in the same manner provided by
section 15-102.12{b) of this chapter.
(d) If the city is unable to successfully remove any item constituting a violation of
this article, the city's enforcement officer or their designated representatives may
secure the assistance of the police department to effectuate the removal of the item.
Section 15-102.15 -City's authority to abate nuisance in the event of an emergency.
The city manager or designee shall have the authority to promptly abate a
~nuisance that poses an immediate risk to the health, safety, and welfare of
persons, regardless of whether a citation or any notice of the violation has been
previously provided to the owner. Examples of such nuisances may include,
without limitation, abandoned property that is within a 1,500 foot radius
surrounding schools or parks. The city manager or designee shall have the
autho • order the imm • removal of the subject ite
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Ord. No. 04-24-2489
Section 15-102.16. Costs of Abatement to Constitute Lien.
tosts incurred by the city to abate a nuisance shall be imposed as a special assessment lien
against the subject property. and until fully paid and discharged, shall remain a lien,
coegllil.L.w,ith the li.en oi all state, col!ll.tY6 distrjct, and municipal taxes, superior in dignity
to all other liens. titles. and claims, until paid and shall bear interest at a rate not to exceed
bight (8) percent per year.I
Section 3. Concctions. 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 4. 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, the holding
shall not affect the validity of the remaining portions of this Ordinance.
Section 5. Conflicts. That all ordinances or parts of ordinances, resolutions or parts
of resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Implementation. The City Manager is hereby authorized to take any and
all necessary action to implement the purposes of this Ordinance.
Section 7.
adoption.
Effective Date. This Ordinance shall become effective immediately upon
PASSED on first reading on the 16th day ofJanuary. 2024.
PASSED AND ADOPTED on second reading on the 6th day ofFebmary, 2024.
ATTEST:
CI~
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXEC ~
WEISS SEROTA HELFMAN COLE
& BIERMAN, P.L.
CITY A TIORNEY
MA
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
Commissioner Liebman:
Commissioner Corey:
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5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:15.
City Commission Agenda Item Report
Meeting Date: February 6, 2024
Submitted by: Tony Recio
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
CREATING ARTICLE V “MAINTENANCE OF PRIVATE PROPERTY” OF CHAPTER 15 “OFFENSES AND
MISCELLANEOUS PROVISIONS” OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR MINIMUM
MAINTENANCE STANDARDS FOR PRIVATE PROPERTY AND ENFORCEMENT PROCEDURES
INCLUDING CITY ABATEMENT OF OFFENDING PROPERTY CONDITIONS; PROVIDING FOR
CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR
IMPLEMENTATION AND AN EFFECTIVE DATE. 3/5 (CITY ATTORNEY)
Suggested Action:
Attachments:
4805863-CA_Memo_Ord_Re_Nuisance_Abatement.docx
Ordinance re Nuisance Abatement - as of 1-30-24 - CAv3.docx
AD.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:February 6, 2024 City Commission Meeting
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, CREATING ARTICLE V
“MAINTENANCE OF PRIVATE PROPERTY” OF CHAPTER 15
“OFFENSES AND MISCELLANEOUS PROVISIONS” OF THE CITY
CODE OF ORDINANCES TO PROVIDE FOR MINIMUM
MAINTENANCE STANDARDS FOR PRIVATE PROPERTY AND
ENFORCEMENT PROCEDURES INCLUDING CITY ABATEMENT OF
OFFENDING PROPERTY CONDITIONS;PROVIDING FOR
CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; PROVIDING FOR IMPLEMENTATION AND AN
EFFECTIVE DATE.
______________________________________________________________________________
The accompanying ordinanceis the result of City Commission direction to enable the City to abate
nuisances. The ordinance creates Article 5 “Minimum Maintenance Standards” of Chapter 15
“Offenses and Miscellaneous Provisions” to provide for minimum maintenance standards and
enforcement procedures that include City abatement of offending property conditions.
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4SE ...................................................................................................NEIGHBORS SUNDAY JANUARY 21 2024
Last week’s recall of
133,039 pounds of Park-
view Turkey Polska Kiel-
basa went to Aldi stores
in 3 5 states and the Dis-
trict of Columbia,accord-
ing to Aldi and the U.S.
Department of Agricul-
ture.
The federal agency’s
Food Safety Inspection
Service released a list of
stores that probably
received the sausage sold
under one of Aldi’s store
brands.
Aldi’s recall announce-
ment said the sausage
went to Florida,
California,Texas,North
Carolina,South Carolina,
Missouri,Kentucky,New
York,New Jersey,Alaba-
ma,Arizona,Arkansas,
Connecticut,Delaware,
the District of Columbia,
Georgia,Illinois,Indiana,
Iowa,Kansas,Louisiana,
Maryland,Massachu-
setts,Michigan,Mis-
sissippi,Nebraska,New
Hampshire,Ohio,Okla-
homa,Pennsylvania,
Rhode Island,Tennessee,
Vermont,Virginia,West
Virginia,and Wisconsin.
The kielbasa,which
was recalled because of
bone fragments in the
sausage,was sold in 13-
ounce packs with use by
dates of April 24,2024,
and April 2 7,2024.
Anyone with these packs
should return them to the
store for a refund.
Direct all questions to
manufacturer Salm Part-
ners CEO Keith Lindsey,
920 -863-5559,ext.13 46.
David J.Neal:
305 -376 -355 9,
@DavidJNeal
Sausage recall over bone fragments
covers Aldi grocery stores in 35 states
BY DAVID J.NEAL
dneal@miamiherald.com
USDA Food Safety Inspection Service
Parkview Turkey Polska
Kielbasa.
9