04-07-09 Item 23L_J
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: February 9, 2009
From: Eve A. Boutsis, office of City Attorney Re: Lot Maintenance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF
ORDINANCES, CREATING ARTICLE IV, WHICH ARTICLE SHALL BE
ENTITLED "LOT MAINTENANCE AND ABANDONED PROPERTY;" OF
CHAPTER 15, RELATING TO "OFFENSES AND MISCELLANEOUS
PROVISIONS "; PROVIDING FOR FINES, STANDARDS FOR LOT
MAINTENANCE AND A DETERMINATION OF ABANDONED PROPERTY;
PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE
RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO
ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS NOT BROUGHT
• INTO COMPLIANCE; PROVIDING FOR AUTHORITY TO LIEN; PROVIDING
REQUIREMENT THAT MORTGAGE HOLDERS TO REGISTER WITH THE
CITY ON ANNUAL BASIS TO ENSURE PROPER NOTICE OF
VIOLATIONS /CITATIONS TO ALL INTERESTED PERSONS; PROVIDING
FOR ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE. [Sponsored by Commissioner Valerie Newman].
BACKGROUND AND ANALYSIS:
The City, like much of South Florida, has faced issues due the changing economy and the failure of
certain homeowners to maintain their lots. Some of the problems have arisen due to the mortgage
foreclosure situation facing many homeowners. Other lots are simply not being properly maintained,
whether due to financial issues, abandonment of the property, or due to the health and ability of the
resident to resolve the lot maintenance issues. As a result of the number of lots that are not being
maintained properly, usually resulting in mosquito infestation, overgrown lots, vandalism, and open
and dangerous pool conditions, the attached ordinance would implement regulations that will assist
the City in obtaining compliance.
The draft Ordinance proposes issuing a one time notice relating to a violation for failure to properly
maintain the property (lot maintenance). If the violation is not cured, the City would then have the
right to go onto the property to remedy the violation and ultimately lien the property for the City's
costs. The amendment to Chapter 15 also includes the new notice provisions from the emergency
• ordinance and also includes a new provision relating to the holders of mortgages on City resident
properties. This new provision requires all mortgage companies, lenders, banks, etc., to register with
the City for notice reasons. This ensures that the lending institutions are identified and are placed on
notice of any violations that may exist on the properties they have an interest in.
Of particular interest is section 15- 110(i), entitled: "Registration of abandoned real property." This
section states that any mortgagee who holds a mortgage on real property located within the City is
required to perform an inspection of the property that is the security for the mortgage, upon default
by the mortgagor, prior to the issuance of a notice of default. If the property is found to be vacant or
shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall, within ten (10)
days of the inspection, register the property with the director of development services, or his or her
designee, on forms provided by the City. A registration is required for each vacant property.
Additionally, the proposed code provides, that if the property is occupied but remains in default, it
shall be inspected by the mortgagee or his designee monthly until (1) the mortgagor or other party
remedies the default, or (2) it is found to be vacant or shows evidence of vacancy at which time it is
deemed abandoned, and the mortgagee shall, within ten (10) days of that inspection, register the
property with the Director of Planning & Zoning, or his/her designee, on forms provided by the City.
Registration shall require the following information: the name of the mortgagee, the direct mailing
address of the mortgagee, a direct contact name and telephone number of mortgagee facsimile
number and e-mail address and, in the case of a corporation or out -of -area mortgagee, the local
property management company responsible for the security and maintenance of the property. The
provision requires an annual registration fee in the amount of $150.00, per property. The provisions
of this lot maintenance ordinance shall also apply to properties that have been the subject of a
• foreclosure sale where the title was transferred to the beneficiary. of a mortgage involved in the
foreclosure and any properties transferred under a deed in lieu of foreclosure /sale. Properties subject
to the provisions of the lot maintenance ordinance shall remain under the annual registration
requirement, security and maintenance standards of this section as long as they remain vacant. Any
person or corporation that has registered a property under this section must report any change of
information contained in the registration within ten (10) days of the change.
Please note: similar measure moving forward on state level. House Bill 119, entitled "Real
Property Registration was filed July 1, 2009, sponsored by State Representative Ari Porthand,
and states:
Real Property Registration: Requires DFS to establish Internet registry of vacant, abandoned, or
foreclosure - proposed real properties; authorizes DFS to charge registry filing fee; requires lenders to
file specified information on such properties; requires lenders & DFS to notify local governments of
properties on registry; requires local governments to establish e-mail address for receiving such
notices; requires lenders initiating foreclosure proceedings on registry properties to include specified
information in foreclosure filings; provides for dismissal of foreclosure proceedings for failing to
include information; authorizes local governments to enter registry properties for specified
examination purposes; requires local governments to notify lenders of intent to enter such properties
for such examinations; prohibits local governments from entering such properties under specified
circumstances; authorizes lenders to certify to local governments that registry properties have been
inspected & meet specified criteria; provides penalties; requires local governments to notify lender's
agents of specified conditions of registry properties; authorizes local governments to correct or repair
such conditions & recover full costs of such repairs or corrections; provides for superiority of liens
for such costs; protects right of local governments to inspect pr6perties for specified purposes.
There has been some argument from banks that they do not have possession of the property and
therefore cannot maintain the premises. They claim they would be trespassing. Other banks, facing
a similar registration law as that proposed in the attached draft ordinance have voluntarily complied,
despite the lack of "possession." The change in state law, if it were to occur would provide more
support and authority for the City's registration requirement and enforcement actions.
FISCALBUDGETARY IMPACT:
There will be fiscal impacts due to the new procedures. The impacts shall include: preparation of a
Request for Proposal to hire a law maintenance contractor and any other such contractors needed to
clean up the abandoned lots and/or lots in poor condition. Such services may include contractor
services to repair screen enclosures, pool barriers, pool maintenance, and/or insect or animal control
measures (to exterminate /control mosquito infestations, and/or rodent issues). These costs can be
passed on to the residents as special assessment liens, as provided under the code.
All municipalities are covered by limited sovereign immunity under Florida Statutes, section 768.28
($100,000/200,000 limits), which statute creates a process and a ceiling on liability (ceiling can be
exceeded if there is a special bill of the state legislature approving same, after final judgment in
litigation). In addition to City insurance coverage, and the protections afforded by Florida law, any
• contractor going on to the lots for maintenance would be required to have insurance and list the City
as an additional insured. There has been litigation in other municipalities, as to other code
compliance items, and the concept of a "nuisance." As for any issue relating to nuisance, whether
the municipality is preventing nuisances, the City is also covered by 768.28, Florida Statutes, for its
governmental actions. Ultimately, if there is property damage, the contractor's insurance, listing the
municipality as an additional insured, would protect the municipality from contractor negligence.
RECOMMENDATION:
Approval.
1 ORDINANCE NO.
•2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF
5 ORDINANCES, CREATING ARTICLE IV, WHICH ARTICLE SHALL BE
6 ENTITLED "LOT MAINTENANCE AND ABANDONED PROPERTY;" OF
7 CHAPTER 15, RELATING TO "OFFENSES AND, MISCELLANEOUS
8 PROVISIONS "; PROVIDING FOR FINES, STANDARDS FOR LOT
9 MAINTENANCE AND A DETERMINATION OF ABANDONED PROPERTY;
10 PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE
11 RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY
12 TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS NOT
13 BROUGHT INTO COMPLIANCE; PROVIDING FOR AUTHORITY TO LIEN;
14 PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS TO
15 REGISTER WITH THE CITY ON ANNUAL BASIS TO ENSURE PROPER
16 NOTICE OF VIOLATIONS /CITATIONS TO ALL INTERESTED PERSONS;
17 PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICATION,
18 SEVERABILITY AND AN EFFECTIVE DATE.
19
20 WHEREAS, the City of South Miami desires to create Article IV, of Chapter 15 of the
21 City's Code of Ordinances entitled "Lot Maintenance and Abandoned Property," which Article
22 shall provide procedures to deal with lot maintenance and abandoned property; and,
23
.24 WHEREAS, Article IV of Chapter 15 shall provide a process for a single issuance of an
25 annual notice to property owners and mortgage companies of a violation of lot maintenance
26 standards, which, thereafter, shall allow the City to enter the premises to clean up the property,
27 should the property owner, and/or all interested parties, fail to timely do so; and,
28
29 WHEREAS, due to the foreclosure crisis in South Florida there are number of properties
30 that are not being maintained, and that are being abandoned by the mortgage companies, the
31 home owners, and creditors; and,
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33 WHEREAS, the abandoned nature of these properties has resulted in a nuisance in the
34 community by causing: rodent and mosquito infestations, due to over grown lots, un- maintained
35 pools and standing water; and,
36
37 WHEREAS, property values of adjoining properties are decreasing due to the conditions,
38 and lack of lot maintenance at these foreclosed and/or abandoned sites; and
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40 WHEREAS, due to this crisis, the City of South Miami desires to implement Article IV
41 of Chapter 15 and the regulations contained therein to better regulate the condition of the
42 properties within the City.
43
44 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
45 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
46
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Section 1. The City of South Miami hereby creates Division IV, of Chapter 15,
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entitled "Lot Maintenance, Abandoned Property" which shall read as follows:
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CHAPTER 15
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OFFENSES AND MISCELLANEOUS PROVISIONS
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ARTICLE IV
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LOT MAINTENANCE ABANDONED PROPERTY
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15 -110 Lot Maintenance, Abandoned Property
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(a) Prohibitions.
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It shall be unlawful for the owner or any other persons in possession of any lot, tract, or other
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parcel of land in the City, improved or unimproved to allow on any lot, tract, or parcel of land
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within the City to such an extent that it constitutes a menace to life property, the public health,
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and public welfare or creates a fire hazard the accumulation of any of the following: solid waste,
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biological, hazardous or industrial waste as described herein. stagnant water; a dense
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growth of trees vines and underbrush; or to allow a growth of grass, weeds or bushes over one
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foot in height or to allow the existence of depressions or excavations wherein water may
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accumulate It is also unlawful for the owner or any other persons in possession of any lot, tract
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or other parcel of land in the City to fail to properly maintain a pool pond, water fountain, or
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other such mechanism so as to cause a breeding ground for mosquitoes larva, amphibians,
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reptiles or other such pests Any owner, lessee or occupant or any person having legal 1 or
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beneficial ownership of any lot tract or parcel of land in the City who violates any provision set
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forth in this Division shall upon a finding of violation thereof, be punished as provided by law.
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(b) Responsibility for compliance.
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The owner, agent and or, tenant of the property on which violation of this section occurs, and
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the owner of the abandoned vehicle shall be jointly and severally liable for compliance with the
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requirements of this section and for fines and penalties issued under any provision of the CilyLs
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codes.
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(c) Lot clearance; failure to comply; notice to property owner /owners.
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(1) The owners or agents of all rental units including multiple apartments, and the owners of
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all structures either residential or commercial shall be responsible at all times for keeping their
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premises clean and free from all trash and litter, including the sidewalks and swales on which the
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buildings or lands front It shall be the duty of all owners of lots parcels and tracts of land within
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the City to keep such properly in a safe clean and presentable condition, and to remove therefrom
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all arg bage surplus grass saplings weeds and other growths, and all trash and to fill in all
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excavations and depressions thereon.
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(2) In the event the owners of lots tracts or parcels of land within the City fail or refuse to
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keep such property in a safe clean and presentable condition the code enforcement inspector
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shall provide notice to the property owner, agents mortgage holders that a violation of this code
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has been committed and shall establish a reasonable time period for correction of the violation.
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(3) The code enforcement officer, as defined in section 2 -204 shall give the notice by
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registered or certified mail to the owner of the property at the owner's last known mailing
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address as disclosed by the City records or by county tax rolls or at the property's street address,
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or Won any occu ant thereof, or upon any agent or employee of the owner thereof. Said notice
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shall be deemed sufficient when so addressed and deposited in the United States mail with
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If the address of the owner is unknown to the code inspector, as defined
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proper postage prepaid
in section 2-25, and if the property is unoccupied and the owner thereof has no agent or
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employee available for service of such notice the posting of a notice upon such property by the
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inspector shall constitute and be sufficient notice to the owner thereof. All methods of
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code
giving notice as provided for herein are cumulative and independent of the other, and the code
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enforcement officer, may use one or all of the same as may be deemed necessary. The notice
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shall include an opportunity for a hearing as provided in section 2 -25.
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(4) In the event the owner of any lot parcel or tract of land shall fail to remove all surplus
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arg_ ss saplings weeds trash and garbage and to fill in all excavations and depressions thereon
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after notice has been given by the code enforcement officer, or fails to request a hearing within
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twenty (20) calendar days the City maw clean or cause to be cleaned such lot, tract or parcel of
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land and place it in a safe and sanitary condition.
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(d) Cost of clearing as lien on property -- Collection, foreclosure and sale.
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(1) In case the work is done or caused to be done by the City, the code enforcement Division
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shall keep an itemized accounting of expenses of the work done and the cost thereof. Such
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amounts, together with all penalties imposed thereon, shall constitute, and are hereby imposed as
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special assessment liens against the real property aforesaid, and until fully paid and discharged,
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or barred by law, shall remain liens equal in rank and dignity with the lien of City and county ad
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valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims
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in, to or against the real property involved. The payment of all costs of collection, including
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reasonable attorney's fees, penalties, administrative charges, and lien amounts is required before
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said lien shall be discharged or satisfied. All delinquent liens may be offered for sale at the
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annual lien sale of the City next following the date of delinquency as provided by law.
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(2) This notice will be the only notice given within a one -year period of time. Any
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subsequent violations occurring under this section shall be remedied by the City without further
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notice.
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(3) The filing of an appeal from the City's determination of the need for lot clearance by the
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City shall not delay action by the City as described in subsection (b) of this Division. The
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hearing will be conducted in accordance with the procedures set forth in section 2 -25 of this
Code.
(4) The lot maintenance and abandoned property notice shall be in substantially the
followin form:
orm:
Date:
Name of owner:
Address of owner:
8
9 As the registered property owner per Miami -Dade County tax rolls of the above described
10 property, you are hereby notified that an inspection discloses that you are in violation of the
11 Code of the City of South Miami Florida as amended because of the following reasons (state
12 why property is in violation.).
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14 The City's Ordinances as implemented relating to Garbage and Other Solid Waste, requires that
15 your property be kit in a safe clean condition not allowing the accumulation of any of the
16 following: solid waste biological hazardous or industrial waste as defined herein, tires, stagnan t
17 water; a dense growth of trees vines and underbrush• or to allow a growth of grass, weeds or
18 bushes over one foot (1 ft) in height; or to allow the existence of depressions or excavations
19 wherein water may accumulate on any lot tract or parcel of land within the City to such an
20 extent that it constitutes a menace to life property, the public health and public welfare or
21 creates a fire hazard.
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23 You are directed to correct said violation within ( ) days of receipt of this
24 notice and to notify this office that the violation has been corrected. Failure to do so will cause
25 the City to clean the property therefore imposing a special assessment lien w_ hich shall be
26 recorded in the official records of Miami -Dade County against the property including the
27 payment of all costs of collection penalties lien amounts and administrative fees. The City may
28 also exercise the option of foreclosure on your property.
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30 This notice will be the only notice given to you in a period of one (1) year from this date. Any
31 other violations occurring under this section shall be remedied by the City without further notice.
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33 Signed: City of South Miami Code Enforcement Official.
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35 (5) The City shall also be entitled to collect an administrative fee of $250.00, due to each
36 clean-up caused by the property owner's failure to clean the site.
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39 15 -111 Abandoned Property — Lack of Adequate Maintenance
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41 (a) Purpose and intent.
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1 It is the purpose and intent of the City to establish a process to address the amount of
2 abandoned personal and real property located within the City. It is the Cily's further intent to
3 specifically establish an abandoned residential property program as a mechanism to protect
4 residential neighborhoods from becoming blighted through the lack of adequate maintenance and
5 security of abandoned properties.
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(b) Definitions.
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The following words terms and p ses when used in this Division shall have the
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meanings ascribed to them in this section except where the context clearly indicates a different
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meaning:
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Abandoned personal property means wrecked or derelict property which has been left
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abandoned and unprotected from the elements and shall include wrecked inoperative or partially
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dismantled motor vehicles trailers boats machinery, refrigerators washing machines, plumbing
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fixtures furniture and any other similar personal property which has been left abandoned and
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unprotected from the elements.
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Abandoned real property means any property that is vacant and/or is under a current
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notice of default and /or notice of mortgagee's sale by the lender or a pending tax assessors lien
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sale and/orproperties that have been the subject of a foreclosure sale where the title was retained
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by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under
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a deed in lieu of foreclosure or sale.
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Accessible property means a property that is accessible through a comprised/breached
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gate fence, wall, etc.
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Accessible structure means a structure/building, that is unsecured and/or breached_ in such
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a way as to allow access to the interior space by unauthorized persons.
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Code enforcement officer means any code enforcement officer, building official, zoning
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inspector, code enforcement officer fire inspector or building inspector employed within the
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City.
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Evidence of vacancy means any condition that on its own or combined with other
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conditions present would lead a reasonable person to believe that the property is vacant. Such
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conditions may include but not be limited to overgrown and/or dead vegetation, accumulation
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of abandoned real property, as defined herein statements by neighbors passers-by, delivery
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agents or government agents among other evidence that the property is vacant.
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Foreclosure means the process by which a property, placed as security for a real estate
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loan is sold at public sale to satisfy the debt if the borrower defaults.
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Inoperable motor vehicle means a motor vehicle that does not have affixed to it a current
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license plate and vehicle registration; provided however this definition shall not apply to
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vehicles that are owned or leased by an automobile dealer who possesses a current, valid
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•1 occupational license and the vehicles are stored on property which is properly zoned and
2 approved for use as an automobile dealership.
Nominal salvage value means the value of any type of abandoned or derelict property
which a reasonably prudent person would believe is the fair market value of the property, taking
into consideration its useful life earning Macily or replacement cost less depreciation and
items of general or special depreciation would be nominally greater than the costs of salvage
including the removal transportation storage and sale of same.
10 Private property means all lands and improvements other than public lands and
11 improvements.
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13 Property mana ement company means a local property manager, property maintenance
14 company or similar entity responsible for the maintenance of abandoned real property.
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16 Public property means canals all waterways lands and improvements owned by a
17 governmental body or any governmental agency including but not limited to easements and
18 rights-of-way, but excluding the campus of any institution of the state university system.
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20 Residential building means any improved real property, or portion thereof, situated in the
21 City, designed or permitted to be used for dwelling purposes and shall include the buildings and
22 structures located on such improved real property.
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• 24 Vacant means any_building /structure that is not legally occupied.
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26 (c) Applicability.
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28 This Division shall be considered cumulative and not superseding or subject to any other
29 law or provision for same but shall rather be an additional remedy available to the City above
30 and beyond any other state county and/or local provisions for same.
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32 (d) Penalties.
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34 A iy person who shall violate the provisions of this Division shall upon issuance of the
35 civil citation and/or decision of special master after appeal shall be enforced as per section 2 -25
36 of the Code of Ordinances.
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38 (e) Placement of abandoned personal property prohibited.
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40 ( 1) It shall be unlawful for any person to abandon personal property upon private property:
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42 (A) Without such receiving property owner's consent; or
43 (B) In violation of this or any other applicable law, ordinance or regulation.
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1 (2) Nothing in this section shall be deemed to apply to abandoned personal property
• 2 authorized to be left on private business property properly operated licensed and zoned in the
3 City for the ppMose of accepting abandoned property.
5 (f) Public nuisance.
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7 All abandoned personal property and abandoned real property is hereby declared to be a
8 public nuisance the abatement of which pursuant to the police power is hereby declared to be
9 necessary for the health welfare and safety of the residents of the City.
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11 Notification procedure.
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13 When a code enforcement officer ascertains that an article of personal property having
14 nominal salvage value lies abandoned or derelict upon private property, that officer shall:
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16 (1) Cause a notice to be issued and posted upon the real property in the substantially
17 following g orm:
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19 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE PROPERTY
20 HEREIN DESCRIBED
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22 THIS PROPERTY. TO WIT:
23 (setting forth brief description)
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25 LOCATED AT:
26 (setting forth brief description of location) is:
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28 IMPROPERLY STORED AND IS IN VIOLATION OF
29 (setting forth ordinance or violation violated)
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31 AND MUST BE REMOVED WITHIN SEVENTY -TWO HOURS (72) FROM THE DATE OF
32 THIS NOTICE• OTHERWISE IT SHALL BE PRESUMED TO BE ABANDONED
33 PROPERTY AND WILL BE REMOVED AND SOLD OR DESTROYED BY ORDER OF
34 THE CITY OF SOUTH MIAMI FLORIDA DATED THIS:
35 (setting-forth the date of posting of notice);
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37 SIGNED (setting forth name title address and telephone number of code enforcement officer.)
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39 Such notice shall be not less than eight 8) inches by ten (10) inches and be sufciently
40 weatherproof to withstand normal exposure to the elements.
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42 (2) The code enforcement officer shall mail by certified mail a copy of the above - described
43 notice to the owner of the real propertyu�on which the abandoned personal property is located,
44 as shown by the real estate tax records used by the county or any other address provided to the
45 local governmeni by such owner, on or before the date of posting such notice.
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2 (h) Removal of abandoned personal property.
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4 (1) If at the end of seventy -two hours after posting notice under this Division, the owner or
5 any person interested in such abandoned personal property described in the notice has not
6 removed same the code enforcement officer may cause the article of abandoned personal
7 property to be removed and destroyed and the salvage value if any, of such article shall be
8 retained by the City to be applied against the cost of removal and destruction thereof.
10 (2) Before destruction for abandoned property on public lands or private lands at the end of
11 the seventy two hours period of posting of such notice if the owner or person haying interest in
12 the property has not removed the abandoned property from public or private property, or shown
13 reasonable cause for failure to do so the City may cause the property so described to be removed
14 by a towing company who shall cause the article(s) of abandoned property to be removed and
15 placed in storage in applicable with the local state and federal regulations. At the conclusion of
16 the required storage, if the Division is not claimed and if the salvage value is above $100.00, the
17 towing company shall pay the City of South Miami the sum of $25.00 or ten (10) percent of such
18 value whichever is greater, for the administrative costs in handling with said article. If the article
19 is claimed the City shall receive $25.00 as an administrative fee.
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21 (3) It is unlawful to remove abandoned personal property, including inoperative vehicles,
22 from private property to public property after the posting of said property by an code
23 enforcement officer.
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25 (4) In the event that the abandoned property is deemed to be an imminent public health and
26 safety hazard an code enforcement officer is authorized to remove the property immediately.
27 Subsequent to the removal of the abandoned property, the City shall make reasonable and
28 diligent efforts to ascertain the owner and take the applicable action If the abandoned property is
29 on private property the private property owner shall be provided notice and assessed the cost of
30 removal of the abandoned property and any required clean-up of the private property.
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32 (i) Registration of abandoned real property.
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34 (1) Any mortgagee who holds a mort gage on real property located within the City shall
35 perform an inspection of the property that is the security for the mortgage upon default by the
36 mortgagor prior to the issuance of a notice of default If the property is found to be vacant or
37 shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall, within ten
38 (10) days of the inspection register the property with the Building Director and/or Director of
39 Planning & Zoning, or his or her designee on forms provided by the City. A registration is
40 required for each vacant property.
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42 (2) If the property is occupied but remains in default it shall be inspected by the mortgagee
43 or his designee months until (1) the mortgagor or other party remedies the default, or (2) it is
44 found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the
45 mortgagee shall within ten (10) days of that inspection register the property with the Building
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1 Director and/or Director of Planning & Zoning or his/her designee (as directed by the City), on
• 2 forms provided by the City.
3
4 (3) Registration pursuant to this section shall contain the name of the mortgagee, the direct
5 mailing address of the mortgagee a direct contact name and telephone number of mortgagee
6 facsimile number and e-mail address and in the case of a corporation or out -of -area mortgagee,
7 the local property management company responsible for the security and maintenance of the
8 property.
10 (4) An annual registration fee in the amount of $150.00, per property, shall accompany the
11 registration form(s).
12 —
13 (5) This section shall also apply to properties that have been the subject of a foreclosure sale
14 where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and
15 any properties transferred under a deed in lieu of foreclosure /sale.
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17 (6) Properties subject to this section shall remain under the annual registration requirement
18 security and maintenance standards of this section as long as they remain vacant.
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20 (7) Any person or corporation that has registered a property under this section must report
21 any change of information contained in the registration within ten (10) days of the change.
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23 Maintenance requirements.
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25 (1) Properties subject to this Division shall be kept free of weeds overgrown brush, dead
26 vegetation trash junk debris building materials any accumulation of newspapers, circulars,
27 flyers notices except those required by federal state or local law, discarded personal items
28 included but not limited to furniture clothing large and small appliances printed material or
29 any other items that give the appearance that the property is abandoned.
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31 (2) The property shall be maintained free of graffiti or similar markings by removal or
32 painting over with an exterior grade paint that matches the color of the exterior structure.
33
34 (3) Front side and rear yard landscaping shall be maintained in accordance with the City's
35 standard at the time registration was required.
36
37 (4) Landscape shall include but not be limited to grass ground covers, bushes, shrubs,
38 hedges or similar plantings decorative rock or bark or artificial turf /sod designed specifically for
39 residential installation Landscape shall not include weeds gravel broken concrete, asphalt or
40 similar material.
41
42 (5) Maintenance shall include but not be limited to watering irrigation cutting, and
43 mowing of required landscape and removal of all trimmings.
44
•
Page 9 of 12
Additions shown by underlining and deletions shown by ever- g.
U
Page 10 of 12
Additions shown by underlining and deletions shown by evefstFikingr.
1
(6) Pools and spas shall be maintained so the water remains free and clear of pollutants and
•
2
debris Pools and spas shall comply with the enclosure requirements of the City Code of
time.
3
Ordinances and Florida Building Code as amended from time to
4
5
(7) Failure of the mortgagee and/or property owner of record to properly maintain the
6
property may result in a violation of subsection 15- 110(b) the City Code and issuance of a
7
citation by a City's code enforcement officer.
8
9
(8) If necessary the citation and compliance matter may be brought by the City to the special
10
master who m!qy make a finding and determination that the City may take any additional action
11
necessary to ensure compliance with this Division.
12
13
(k) Security requirements.
14
15
1 Properties subject to this section shall be maintained in a secure manner so as not to be
16
accessible to unauthorized persons.
17
18
(2) A "secure manner" shall include but not be limited to the closure and locking of
19
windows doors gates and other openings of such size that may allow a child to access the
20
interior of the property and/or structure Broken windows shall be secured by reglazing or
21
boarding of the window.
22
23
(3) If the property is owned by a corporation and/or out of area mort gagee a local property
•
24
management company shall be contracted to perform bi- weekly inspections to verify compliance
laws.
25
with the requirements of this section and any other applicable
26
27
(4) The property shall be posted with the name and 24 hour contact phone number of the
28
local property management company. The posting shall be no less than an eight -inch by ten -inch
29
sign The posting shall contain the following language:
30
31
THIS PROPERTY IS, MANAGED BY:
32
33
TO REPORT PROBLEMS OR CONCERNS CALL:
34
35
The posting shall be placed on the interior of a window facing the street to the front of the
36
property so it is visible or secured to the exterior of the building /structure facing the street to the
37
front of the property so it is visible or, if no such area exists on a stake of sufficient size to
38
support the posting in a location as close as possible to the main door entrance of the property.
39
Exterior posting shall be constructed of and printed with weather - resistant materials.
40
41
(5) The local property management company shall inspect the property on a bi- weekly basis
42
to ensure that the property is in compliance with this Division Upon the request of City, the
43
local property management company shall provide a copy of the inspection reports to the code
44
enforcement division.
45
U
Page 10 of 12
Additions shown by underlining and deletions shown by evefstFikingr.
Page 11 of 12
Additions shown by underlining and deletions shown by v°"_
1
(6) Failure of the mortgagee and /or property owner of record to properly maintain the
18
2
property may result in a violation of subsection 15- 100(b) the City Code and issuance of a
3
citation by a City's code enforcement officer.
4
5
(7) If necessary, the citation and compliance matter may be brought by the City to the special
6
master who may make a finding and determination that the City may take any additional action
7
necessary to ensure compliance with this Division.
8
9
(11) Opposing, obstructing code enforcement officer; penalty.
10
11
Whoever opposes obstructs or resists any code enforcement officer or any person
12
authorized by the enforcement office in the discharge of duties as provided in this Division shall
13
be cited in compliance with the provisions and fines as provided in section 2 -25.
14
15
(m) Immunity of code enforcement officer.
16
17
Any code enforcement officer or any person authorized by the code enforcement officer
18
shall be immune from prosecution civil or criminal for reasonable good faith trespass upon real
19
property while in the discharge of duties imposed by this Division.
20
21
(n) Additional authority.
22
23
The Building Director and/or the Director of Planning and Zoning or his/her designees
•
24
shall have authority to require the mortgagee and/or owner of record of any propert y affected by
25
this section to implement additional maintenance and/or security measures including but not
26
limited to securing any and all door, window or other opemn14s employment of an on -site
27
security guard, or other measures as may be reasonably required to help prevent further decline
28
of the property.
29
30
(o) Adoption of rules; expenditure of funds; declaration of City purpose.
31
32
The City Manager, consistent with his/her duties and authorities under the Citv Charter,
33
including those duties and authorities relating to emergency situations, is authorized and
34
empowered to adopt rules and regulations and expend City funds as may be reasonably necessary
35
and available to carry out the terms of this Division the expenditure of such funds bein
36
declared a proper City purpose.
37.
38
(p) Owner responsible for costs of removing abandoned property.
39
40
The owner of any abandoned motor vehicle or boat who after notice as provided in this
41
section does not remove the vehicle or boat within the specified period shall be liable to the City
42
for all costs of removal and destruction of such property less any salvage value received by the
43
City_Upon such removal and destruction the code enforcement officer shall notify the owner of
44
the amount owed and of the penal1y provisions of this section. In the case of an abandoned boat
45
any person who neglects or refuses to p4y such amount shall not be entitled to be issued a
•
46
certificate of registration for any boat until such costs have been paid. The code enforcement
Page 11 of 12
Additions shown by underlining and deletions shown by v°"_
•
•
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
officer shall supply the state department of environmental protection with a list of persons whose
boat registration privileges have been revoked under this section. In the case of an abandoned
motor vehicle any person who neglects or refuses to pay such amount shall be subject to a class
II violation minimum fine of $200.00.
Section 3. 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 4. All .ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. - This ordinance shall be codified and included in the Code of Ordinances.
Section 6. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of , 2009.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
APPROVED:
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Beckman:
Commissioner Newman:
Page 12 of 12
Additions shown by underlininf; and deletions shown by ever - g.
•
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade Count', Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/Wa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
Cccr:ty, F:on:da; Imad Lis attached wpy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 3/1712009
in the XXXX Court,
was published in said newspaper in the issues of
03/06/2009
Afffant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement, and afftant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
•
Sworn to and subscribed before me thi
(SEAL)
V. PEREZ personally known to me
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EXNRES:M,.rdl4 2012
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct' Public, Hearings at its regular City
Commission meeting scheduled for Tuesday, March 17, 2009
beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset
Drive, to consider the following items:
Resolution:
A RESOLUTION OF THE MAYQR A CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST FOR A VARIANCE FROM SECTION 20.4.4 (B) OF
THE LAND DEVELOPMENT CODE TO ALLOW FOR A
COMMERCIAL BUILDING TO REDUCE REQUIRED
PARKING SPACES FROM TWENTY SIX (26) TO TWENTY
THREE (23) SPACES; AND A VARIANCE WAIVING THE FIVE
(5) FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE
GRAPHIC REQUIREMENT IN SECTION 20 -4.4: ALL ON
PROPERTY WITHIN AN 'LO' LOW - INTENSITY OFFICE USE
DISTRICT LOCATED AT 5825 SW 68TH STREET, SOUTH
MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE
DATE.
Second Reading:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING CHAPTER 2 OF THE CITY'S CODE OF
ORDINANCES ENTITLED ADMINISTRATION AND CITY
GOVERNMENT; BY AMENDING SECTION 2.7 ENTITLED
'ADMINISTRATIVE DEPARTMENT FUNCTIONS AND
DUTIES'; TO INCLUDE SUBSECTION (E); PROHIBITING
FORMER EMPLOYEES THAT HAVE. RECEIVED
SEVERANCE AND /OR HAVE SUED THE CITY AND HAVE
RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE
.CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY,
EXCEPT AS OTHERWISE PROVIDED UNDER .LAW
PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT. AND AN EFFECTIVE DATE.
AN OkDINANCt OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE POSITION OF THE CITY MANAGER; AMENDING THE
CODE OF ORDINANCES CHAPTER 2, 'ADMINISTRATION
AND CITY GOVERNMENT,' SECTION 2 -4.4, ENTITLED
'RESERVED,' PROVIDING FOR AN ANNUAL
PERFORMANCE EVALUATION; PROVIDING FOR
SEVERABIUTY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY. COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE
-
IV, WHICH ARTICLE SHALL BE ENTITLED 'LOT
MAINTENANCE AND ABANDONED PROPERTY; OF
CHAPTER 15, RELATING TO 'OFFENSES AND MISCEL-
LANEOUS PROVISIONS'; PROVIDING FOR FINES,
STANDARDS FOR LOT MAINTENANCE AND A DETER -
MINATION OF ABANDONED PROPERTY; PROVIDING FOR
NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING
TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY
TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS
NOT BROUGHT INTO COMPLIANCE; PROVIDING FOR
AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT
MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON
ANNUAL BASIS TO ENSURE PROPER NOTICE OF
VIOLATIONS/CITATIONS TO ALL INTERESTED PERSONS;
PROVIDING FOR ORDINANCES IN CONFLICT, CODIFI-
CATION, SEVERABILITY AND AN EFFECTIVE DATE.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, Civic
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that if a person decides to appeal any decision made by this
Board. Agency or Commission with respect to any matter considered at
.Its meeting or hearing, he or she will need a record of the proceedings,
and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings is made which record includes the
testimony and evidence upon which the appeal is to be based.
3/6 09.3- 67/1186384M
1R
Miami's best skippers. No experience
free. walkwithrne.org /.
necessary. Volunteers needed; l p.m.
Sunday; Shake -A -Leg Miami, 2620 S.
HEALTH AND FITNESS,
BayshoreDr., Coconut Grove; $15,.
SPECIAL EVENTS
$10 members. 305 - 858 -5550;
ext.103 or shakealegmiami.org.
•
Walk With Me Miami 2009: Three-
Adolescent Depression /Anxiety
mile family fun walk to be held on
Group: Open to kids 13 -17 who would
March 28. Easter Seals Walk With Me
like to join Support group aimed at
unites thousands of people in a com-
fostering coping skills to alleviate
mon cause to.provide help and hope.
and prevent feelings of anxiety and
for individuals and families living
depression; 4 -5 p.m. Wednesday; .
with disabilities. Online registration
(305) Music Lounge, 721 N. Lincoln
available; through March 22; Ponce
de Leon Circle Park, Palermo Street
*TURN TO CALENDAR, 54
and Seville Avenue, Coral Gables;
•
•
a+
CITY OF SOUTH- MIAMI
COURTESY NOTICE
NOTICE ISMEREBY given that the City Commission ofthe City of South Miami, Florida
will conduct Public Hearings at its regular City Commission meeting scheduled for
Tuesday, March 17, 2009 beginning at'7:30 p.m. iri the City Commission Chambers,
6130 Sunset Drive, to consider the following ftems:
Resolution:
A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM
_SECTION 20 -4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW
FQR A COMMERCIAL BUILDING TO REDUCE REQUIRED PARKING
SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND
A VARIANCE WAIVING THE' FIVE (5) FOOT LANDSCAPE BUFFER ZONE
REQUIRED BY THE.GRAPHIC REQUIREMENT IN SECTION 20 -4.4: ALL
ON PROPERTY WITHIN AN "LO" LOW- INTENSITY OFFICE USE DISTRICT
LOCATED At 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA.
Second Reading:
AN ORDINANCE RELATING TO AMENDING CHAPTER 2 OF THE CITY•S CODE
OF ORDINANCES ENTITLED ADMINISTRATION AND CITY GOVERNMENT;
BY AMENDING SECTION 2 -7 ENTITLED "ADMINISTRATIVE DEPARTMENT
FUNCTIONS AND DUTIES "; TO INCLUDE SUBSECTION (E); PROHIBITING
FORMER EMPLOYEES THAT HAVE RECEIVED SEVERANCE AND /OR HAVE SUED
THE CITY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE
CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE
PROVIDED UNDER LAW.
AN ORDINANCE RELATING TO THE POSITION OF THE CITY MANAGER;
AMENDING THE CODE OF ORDINANCES CHAPTER 2, "ADMINISTRATION AND
CITY GOVERNMENT," SECTION 2 -4.4, ENTITLED "RESERVED," PROVIDING FOR
AN ANNUAL PERFORMANCE EVALUATION.
r AN ORDINANCE RELATING TO THE CITY'S CODE OF ORDINANCES, CREATING
ARTICLE IV, WHICH ARTICLE SHALL BE ENTITLED "LOT MAINTENANCE AND
ABANDONED PROPERTY;" OF CHAPTER 15, RELATING TO "OFFENSES AND
MISCELLANEOUS PROVISIONS "; PROVIDING FOR FINES, STANDARDS FOR
LOT MAINTENANCE AND A DETERMINAnON-OF ABANDONED PROPERTY;
PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING TO
LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY
TO MAINTAIN LOT, IF PROPERTY IS NOT BROUGHT INTO COMPLIANCE;
PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT
MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON.ANNUAL BASIS T
ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS TO ALL INTERES
PERSONS.
ALL interested parties are invited to attend and will be heard.
Maria M. Menenclu, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that it a person decides
to appeal any decision made by this Board, Agency or Commission with respect to any matter
considePe'dat its meeting or hearing, he or she will.need a record of the proceedings, and that.
such purpose, affected person may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which the appeal is to be based.
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Mlairl -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR APRIL 7, 2009
in the XXXX Court,
was published in said newspaper in the issues of
03127/2009
Affiant further says that the said Miami Daily Business
Review is anewspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
C/
Sworn to and subscribed before s
27 day of MARCH , A.D. 2009
(SEAL)
V. PEREZ personally known to me
'5,1. -N Nntary Public State of Florida
Cheryl H. Matmer
My Commission 007933490
Expires 07 /18/2012
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings, at its regular City
Commission meeting scheduled for Tuesday, April 7, 2009 beginning at
7:30 p.m. in the City. Commission Chambers, 6130 Sunset Drive, to
consider the following items'
Saco n it Reading;
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI. FLORIDA, RELATING TO
AMENDING CHAPTER 2 OF THE CITY'S CODE OF
ORDINANCES ENTITLED ADMINISTRATION AND CITY
GOVERNMENT; BY AMENDING SECTION 2.7 ENTITLED
'ADMINISTRATIVE DEPARTMENT FUNCTIONS AND
DUTIES'; TO INCLUDE SUBSECTION .(E); PROHIBITING
FORMER EMPLOYEES THAT HAVE RECEIVED SEVER-
ANCE AND /OR HAVE SUED THE CITY AND HAVE
RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE
CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY,
EXCEPT AS OTHERWISE PROVIDED UNDER LAW;
PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR �NO CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE POSITION OF THE CITY MANAGER; AMENDING THE
CODE OF ORDINANCES CHAPTER 2, 'ADMINISTRATION
AND CITY GOVERNMENT' SECTION 2-4.4, ENTITLED
-RESERVED,- PROVIDING FOR AN ANNUAL PERFOR-
MANCE EVALUATION: PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE
IV, WHICH ARTICLE SHALL BE ENTITLED 'LOT MAINTE-
NANCE AND ABANDONED PROPERTY:' OF CHAPTER jig,
RELATING TO 'OFFENSES AND MISCELLANEOUS
PROVISIONS% PROVIDINGIFOR FINES: STANDARDS FOR
LOT MAINTENANCE AND A DETERMINATION Of 1
ABANDONED PROPERTY; PROVIDING FOR NOTICE PRO-
VISIONS FOR AN ANNUAL NOTICE RELATING TO LOT
MAINTENANCE ,ISSUES; PROVIDING AUTHORITY TO
ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS
NOT BROUGHT INTO COMPLIANCE; PROVIDING FOR
AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT
MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON
ANNUAL BASIS TO ENSURE PROPER NOTICE OF
VIOLATIONS /CITATIONS TO ALL INTERESTED PERSONS;
PROVIDING FOR ORDINANCES IN CONFLICT, CODIFI-
CATION, SEV ERABILITY AND AN EFFECTIVE DATE.
$oolution:
A RESOLUTION OF THE MAYOR 8 CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA. RELATING TO A
REQUEST FOR A VARIANCE FROM SECTION 20-4.4 (B) OF
THE LAND DEVELOPMENT CODE TO ALLOW FOR A
NC; SPACEIS FROM TWENTY SIX (26) TO TWENTY THREE
(23) SPACES: AND A VARIANCE WAIVING THE FIVE (5)
FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE
GRAPHIC REQUIREMENT IN SECTION 204.4: ALL ON
PROPERTY WITHIN AN -LO' LOW-INTENSITY OFFICE USE
DISTRICT LOCATED AT 5825 SW 68TH STREET, SOUTH
MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE
DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST
PURSUANT TO SECTION 203.4(8)(4)(b) OF THE LAND
DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO
LOCATE A GENERAL RESTAURANT LOCATED AT 6200
SUNSET DRIVE WITHIN THE 'PUD -H' PLANNED UNIT
DEVELOP MENT-HOSPITAL MIAMI HOSPITAL); AND PROVIDING I (SOUTH
G AN EFFECTIVE DATE.
First ReadilI
AN ORDINANCE OF THE MAYOR AND THE CRY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
ADOPTING THE EVALUATION AND APPRAISAL REPORT
(EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI
COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE
GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING
COMPREHENSNE PLAN ELEMENTS: FUTURE LAND USE;
TRANSPORTATION; HOUSING; INFRASTRUCTURE; CON-
SERVATION; RECREATION AND OPEN SPACE; INTER-
GOVERNMENTAL COORDINATION; AND CAPITAL IMPROVE-
MENTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 266.0105, the City hereby advises the
public that if a person decides to appeal any _decision made by this
Board, Agency or Commission with respect to any matter considered at
its meeting or hearing, he or she will need a record of the proceedings,
and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings is made which record includes the
testimony and evidence upon which the appeal is to 09.3-1271120031 b "
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Air Force Reserve Airman
Christine Mondesir gradu-
ated from basic military train-
ing at Lackland Air Force
Base, San Antonio. She is a
2007 graduate of Dade Chris-
tian School.
Army Staff Sgt. Cedrick
Stewart was named non-
commissioned officer of the
quarter at Fort Carson, Colo.
Stewart is a battalion chemi-
cal,'biological, radiation and
nuclear operations supervisor
assigned to headquarters
company, 43rd Sustainment
Brigade at Fort Carson. He
received the honor after fin-
ishing first in five consecutive
selection boards. Stewart,
who has served in the military
for four years, is married to
Tynshawnta Stewart of
Homestead and is a 1997 grad-
uate of Homestead High
NEIGHBORS IN UNIFORM
MONDESIR GONZALEZ STEWART ACOSTA LINCOLN GALLARDO
SchooL The sergeant's guard- of Miami -Dade County and is Lackland Air Force Base, San
ians are Tommy and Dorothy a2008 graduate of Southridge Antonio. He is the son of
Smith of Florida City, High SchooL Myriam Alvarez of Key
Largo.
Army Pvt. Ismael Allegue
recently graduated from basic
combat training at Fort Sill,
Lawton, Okla - Allegue is the
son of Irene Subiza of Miami -
Dade County.
Air Force Airman Oscar
Acosta graduated from basic
military training at Lackland
Air Force Base, San Antonio.
He is the son of Raul Acosta
Air Force Airman Calvin
Lincoln graduated from basic
military training at Lackland
Air Force Base, San Antonio.
He is the brother of Stacy
Leets of Miami -Dade County.
Au Force Airman Moises
Gallardo graduated from
basic military training at
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Honda will conduct Public Hearings at its regular
City Commission meeting scheduled for Tuesday, April 7, 2009 beginning at 7:30 p.m. in the City Commission Chambers,
6130 Sunset Drive, to consider the following items:
;i>�d.Bradina
AN ORDNANCE RELATNGTO AMENDING CHAPTER 2OFTHE COTS CODE OF ORDINANCES ENTRIEDADM WSTRATIONAND CrTY GOVERNMENT.
BYAMENDNG SECTION 2 -7 INTITLED'ADMWSTR0.TNE DEPAITMtNT FUNCTIONS AND DUTIES': TO INCLUDE SUBSECTION (E7; PROHIBITING
FORMER EMPLOYEES THAT HAVE RECEIVED SEVERANCE AND/OR HAVE SUED THE COY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT
AGAINST THE QTY FROM SEEKING RE- EMPLGYMENT AT THE OR EXCEPT AS OTHERWISE PROVIDED UNDER LAW.
AN ORDNANCE RELATING TO THE POWION OF THE QTY MANAGER AMENDING THE CODE OF ORDINANCES CHAPTER 2, 'ADMINISTRATION
AND CITY GOVERNMENT; SECTION 2.4.4, ENTITLED - RESERVED; PROVIDING FOR AN ANNUAL PERFORMANCE EVALUATION -
AN ORDINANCE RELATING TO THE CRTS CODE OF DRDINANCES, CPFATING ARTICLE IV, WHICH ARTICLE SHALL BE ENTITLED 'LOT
MAINTENANCE AND ABANDONED PROPERTY;" OF CHAPTER IS. RELATING TO'OFFENSES AND MISCELLANEOUS PROVISIONS'; PROVIDING
FOR FINES, STANDARDS FOR LOT MAKTENANCE AND A DETERMINATION OF ABANDONED PROPERTY; PROVIDING FOR NOTICE PROVISIONS
FOR AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY TO MAINTAIN LOT, IF
PROPERTY S NOT BROUGHT INTO COMPLIANCE. PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS
TO REGISTER WITH THE CO Y ON ANNUAL BASS TO ENSURE PROPER NOTICE OF NOLATIONSWATENS TO ALL INTERESTED PERSONS.
A RESOLUTION RELATING TO A REQUEST FOR A VALIANCE FROM SECTION 244.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A
COMMERCIAL BUILDING TO REDUCE REQUIRED PAPIONG SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND A VARIANCE
WANING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE GRAPHIC REQUIREMENT N SECTION 244.4: ALL ON PROPERTY
WTTHW AN 'Lo* LOW- INTENS" OFFICE USE DISTRICT LOCATED AT 5825 SW 68- STREET. SOUTH MIAMI, FLORIDA
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 14(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 6200 SUNSET DRIVE WITHIN THE'PUD -H' PLANNED UNIT DEVELOPMENT-
HOSPITAL ZONING DISTRICT (SOUTH MIAMI HOSPITAL); AND PROVIDING AN EFFECTIVE DATE.
First Readim:
AN ORDINANCEADOFONGTHEEVAllATiONANO APPMSALREPORT(EJR) BASEOTEXTAMENDMENTSTOTHE SOUTH MAMICOMPRDIFNSIVE
PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTWES,AND POLICIES FOR THE FOLLOWING COMPREHENSIVE RAN ELEMENTS: FUTURE
LAND USE TRANSPORTATION; HOUSING INFRASTRUCTURE; CONSERVATION; RECREATION AND OPEN SPACE, NTERGOVE14MENTAL
COORDINATION; AND CAPITAL IMPROVEMENTS.
For further information, please contact the City Clerk's Office at (305) 663 -6340.
ALL interested parties are invited to attend and will be heard.
Mara M. Menendez, CMC
City Clerk
Naue,db Fhida Sat 2B6.g,05, Ne CAy M"advises db pd iNtF epvsdndecbn b• PIN eery daebn meM b7 eie BmAAvrc aCanm r mWW
b am mega LOnNlead et R _N as need. tamed eI,M aeceedbm.enddb„as PaP 0eca4 Pent^mry eeed,o bm,re dd,areN.tlm
emrd e„Ae pem.dbp a � ., Tame in O,M. db b. ,ene -&--M gb aPPea1 b b ee Need.
Air Force Airman Luis
Gonzalez recently graduated
from basic military training at
Lackland Air Force Base, San
Antonio. He is the son of
Yusimi Hernandez and Luis
Gonzalez of Miami -Dade
County and a 2006 graduate
of South Miami Senior High
School.
• COMPLETE LAWN AND TREE SERVICES
• LICENSED & INSURED 10% OF
Tree'Seivio
• COMMERCIAL & RESIDENTIAL .
FRANKS
LAWN SERVICE, mc.
(305) 233 -9369
FREE ESTIMATES
0
CITY OF SOUTH MIAMI
NOTICE OF CITY COMMISSION WORKSHOP
NOTICE is hereby given that the City Commission of the City
of South Miami, Florida will hold a workshop relating to the
negotiation of a permanent loan in an amount not to exceed
$1,000,000 to repay the bridge loan of $1,000,000 which
was utilized by the City for the completion of certain road
improvements and construction of a public parking garage
located at S.W. 73'0 Street, Monday, March 30 2009 from
7.00 - 8:00 P.m.. in the City Commission Chambers, located at
6130 Sunset Drive, South Miami.
All interested parties are invited to attend.
Maria M. Menendez, CMC
City Clerk
City of South Miami