04-21-09 Item 6•
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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 properties 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.
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ORDINANCE NO.
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
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CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF
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ORDINANCES, CREATING ARTICLE IV, WHICH ARTICLE SHALL BE
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ENTITLED "LOT MAINTENANCE AND ABANDONED PROPERTY;" OF
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CHAPTER 15, RELATING TO "OFFENSES AND MISCELLANEOUS
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PROVISIONS "; PROVIDING FOR FINES, STANDARDS FOR LOT
MAINTENANCE AND A DETERMINATION OF ABANDONED PROPERTY;
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PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE
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RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY
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TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS NOT
BROUGHT INTO COMPLIANCE; PROVIDING FOR AUTHORITY TO LIEN;
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PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS TO
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REGISTER WITH THE CITY ON ANNUAL BASIS TO ENSURE PROPER
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NOTICE OF VIOLATIONS /CITATIONS TO ALL INTERESTED PERSONS;
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PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICATION,
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SEVERABILITY AND AN EFFECTIVE DATE.
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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,
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•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,
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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,
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37 WHEREAS, property values of adjoining propert ies 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.
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44 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
45 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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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
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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of land in the City, improved or unimproved to allow on any lot tract or parcel of land
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parcel
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 anv of the following. solid waste,
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biological,. hazardous or industrial waste as described herein, tires, stagnant water, a dense
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growth of trees vines and underbrush; or to allow a growth of gr ass weeds or bushes over one
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foot in height or to allow the existence of depressions or excavations wherein water may
lot, tract
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accumulate It is also unlawful for the owner or any other persons in possession of any
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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 � or
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beneficial ownership of anv lot tract or parcel of land in the Cily 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
of this section and for fines and penalties issued under any provision of the City's
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requirements
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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 a artments 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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clean and free from all trash and litter, includin the sidewalks and swales on which the
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premises
buildings or lands front. It shall be the dujy of all owners of lots parcels and tracts of land within
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the City to keep such propeM in a safe clean and presentable condition and to remove therefrom
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all gar bage, suKplus grass, sa lin s 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 notice to the propeily owner, agents, mortgage holders that a violation of this code
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provide
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
last known mailing
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registered or certified mail to the owner of the property, at the owner's
disclosed by the Ci records or by c . ounty tax rolls or at the ro ert 's street address
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address as
or upon any occu ant thereof, or upon an agent or employee of the owner thereof. Said notice
in the United States mail with
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shall be deemed sufficient when so addressed and deposited
the owner is unknown to the code inspector, as defined
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proper postage prepaid. If the address of
section 2-25, and if the property is unoccupied and the owner thereof has no agent or
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in
employee available for service of such notice the posting of a notice upon such property by the
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code inspector shall constitute and be sufficient notice to the owner thereof. All methods of
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notice as provided for herein are cumulative and independent of the other, and the code
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giving
enforcement officer, mLiy use one or all of the same as mLay be deemed necessar . The notice
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shall include an opportunily opportunity for a hearing as provided in section 2 -25.
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In the event the owner of any lot parcel or tract of land shall fail to remove all surplus
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(4)
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lin weeds trash and garbage and to fill in all excavations and depressions thereon
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ass sa s
notice has been given by the code enforcement officer, or fails to request a hearing within
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after
twenty (20) calendar days the City mqy 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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is done or caused to be done by the City, the code enforcement Division
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(1) In case the work
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
fully and discharged,
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special assessment liens against the real property aforesaid, and until paid
in dignity with the lien of City and county ad
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or barred by law, shall remain liens equal rank and
in and dignity to all other liens, encumbrances, titles and claims
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valorem taxes and superior rank
in, to against the real property involved. The payment of all costs of collection, including
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or
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
under this section shall be remedied by the City without further
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subsequent violations occurring
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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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I hearing will be conducted in accordance with the procedures set forth in section 2 -25 of this
i2 Code.
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4 (4) The lot maintenance and abandoned property notice shall be in substantially the
5 following form
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9 As the registered propejjy 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 kept 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 stal4nant
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 da s 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 Cijy to clean the propeEjy therefore imposing a special assessment lien which 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 grope
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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 Cijy 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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I It is the p ose and intent of the Cily to establish a process to address the amount of
. 2 abandoned personal and real property located within the Cily. It is the City's further intent to
3 specifically establish an abandoned residential property program as a mechanism to protect
4 residential nei hborhoods from becoming blighted through the lack of adequate maintenance and
5 security of abandoned properties.
7 (b) Definitions.
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9 The followin words terms and hrases when used in this Division shall have the
10 meanings ascribed to them in this section except where the context clearly indicates a different
11 meaning:
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13 Abandoned personal property means wrecked or derelict property which has been left
14 abandoned and unprotected from the elements and shall include wrecked, inoperative or partially
15 dismantled motor vehicles trailers boats machinery refrigerators washing machines plumbing
16 fixtures furniture and any other similar pers onal property which has been left abandoned and
17 _unprotected from the elements.
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19 Abandoned real property means an property that is vacant and/or is under a current
20 notice of default and/or notice of mortgagee's sale by the lender or a pending tax assessors lien
21 sale and/or properties that have been the subject of a foreclosure sale where the title was retained
22 by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under
.23 a deed in lieu of foreclosure or sale.
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25 Accessible property means a property that is accessible through a comprised/breached
26 gate fence wall etc.
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28 Accessible structure means a structurelbuilding that is unsecured and/or breached in such
29 a way as to allow access to the interior space by unauthorized persons.
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31 Code enforcement officer means any code enforcement officer, building official zoning
32 ins ector code enforcement officer, fire inspector or building inspector employed within the
33 City
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35 Evidence of vacancy means any condition that on its own or combined with other
36 conditions present would lead a reasonable person to believe that the property is vacant. Such
37 conditions may include but not be limited to overgrown and/or dead vegetation, accumulation
38 of abandoned real property, as defined herein statements by neighbors, passers-by, delivery
39 aizents or government agents among other evidence that the property is vacant.
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41 Foreclosure means the process by which a property, placed as security for a real estate
42 loan is sold at public sale to satisfy the debt if the borrower defaults.
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le means a motor vehicle that does not have affixed to it a current
44 Inoperable motor vehic
45 license plate and vehicle registration' provided however, this definition shall not �plv to
. 46 vehicles that are owned or leased b an automobile dealer who possesses a current valid
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I occupational license and the vehicles are stored on property which is properly zoned and
• 2 approved for use as an automobile dealership.
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4 Nominal salvage value means the value of any type of abandoned or derelict property
5 which a reasonably prudent person would believe is the fair market value of the property taking
6 into consideration its useful life eanung capacily or re lacement cost less depreciation and
7 items of general or special depreciation would be nominally greater than the costs of salvage
8 including the removal transportation storage and sale of same. .
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10 Private property mean s all lands and improvements other than public lands and
11 improvements.
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13 Property management 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 an governmental. a enc including but not limited to easements and
1$ 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 roe 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 Any 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 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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(2) Nothing in this section shall be deemed to apply to abandoned personal property
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authorized to be left on private business property properly operated, licensed and zoned in the
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City for the pMose of accepting abandoned property.
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(f Public nuisance.
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All abandoned personal property and abandoned real property is hereby declared to be a
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public nuisance the abatement of which pursuant to the police power is hereby declared to be
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necessary for the health welfare and safety of the residents of the City.
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(z) Notification procedure.
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When a code enforcement officer ascertains that an article of personal property having
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nominal salvage value lies abandoned or derelict upon private property, that officer shall:
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(1) Cause a notice to be issued and posted upon the real property in the substantially
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following form:
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NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE PROPERTY
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HEREIN DESCRIBED
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THIS PROPERTY, TO WIT:
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(setting, forth brief description)
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LOCATED AT:
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(setting forth brief description of location) is:
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IMPROPERLY STORED AND IS IN VIOLATION OF
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(setting forth ordinance or violation violated)
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AND MUST BE REMOVED WITHIN SEVENTY -TWO HOURS (72) FROM THE DATE OF
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THIS NOTICE, IT SHALL BE PRESUMED TO BE ABANDONED
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PROPERTY AND WILL BE REMOVED AND SOLD OR DESTROYED BY ORDER OF
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THE CITY OF SOUTH MIAMI FLORIDA DATED THIS:
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(setting forth the date of posting of notice);
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SIGNED (setting forth name title address and telephone number of code enforcement officer.)
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Such notice shall be not less than eight (8) inches by ten (10) inches and be sufficient)
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weatherproof to withstand normal exposure to the elements.
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(2) The code enforcement officer shall mail by certified mail a copy of the above - described
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notice to the owner of the real property upon which the abandoned personal property is located,
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as shown by the real estate tax records used by the county or any other address provided to the
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local government by such owner, on or before the date of posting such notice.
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(h) Removal of abandoned personal property.
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1 If at the end of seventy-two hours after posting notice under this Division the owner or
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interested in such abandoned personal p operty described in the notice has not
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qpy person
removed same the code enforcement officer may cause the article of abandoned personal
shall be
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rt y to be removed and destro ed and the salvage value if gLny, of such article
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prope
retained by the City to be applied against the cost of removal and destruction thereof.
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2 Before destruction for abandoned propeLty on public lands or private lands at the end of
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the seventy-two hours period of posting of such notice if the owner or person having interest in
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the has not removed the abandoned property from public or private property, or shown
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property
reasonable cause for failure to do so the Cily ma cause the property so described to be removed
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by a towing company who shall cause the article(s) of abandoned property to be removed and
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in storage in applicable with the local state and federal regulations. At the conclusion of
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placed
the required storage, if the Division is not claimed and if the salvage value is above $100.00 the
the City of South Miami the sum of $25.00 or ten (1 0) percent of such
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towing company shall pay
value whichever is greater, for the administrative costs in handling with said article. If the article
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is claimed the City shall receive $25.00 as an administrative fee.
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(3) It is unlawful to remov e abandoned personal property, including inoperative vehicles,
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from private property to public property after the posting of said property by an code
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enforcement officer.
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4 In the event.that the abandoned propejjy is deemed to be an imminent public health and
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safety hazard an code enforcement officer is authorized to remove the property immediately.
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Subsequent to the removal of the abandoned property the City shall make reasonable and
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diligent efforts to ascertain the owner and take the applicable action. If the abandoned property is
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on property, the private property owner shall be provided notice and assessed the cost of
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private
removal of the abandoned property and any required clean-up of the private property.
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(i) Rellistration of abandoned real property,
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(1) Any mort gagee who holds a mortgage on real property located within the City shall
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an inspection of the property that is the security for the mortgage upon default by the
perform
to the issuance of a notice of default If the property is found to be vacant or
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mortgagor, prior
shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall within ten
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10 days of the inspection. register the propejjy with the Building Director and/or Director of
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Planning & Zoning or his or her designee on forms provided by the City. A registration is
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required for each vacant property.
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(2) If the property is occ upied but rem ain in default it shall be inspected by the mortgagee
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or his designee monthly until (1) the mortgagor or other party remedies the default, or (2 ) it is
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found to be vacant or shows evidence of vacancy at which time it is deemed abandoned and the
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mortgagee shall within ten (10) days of that inspection register the property with the Building
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Director and/or Director of Planning & Zoning or his/her designee (as directed by the City), on
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forms provided by the City.
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(3) Registration pursuant to this section shall contain the name of the mortgagee the direct
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mailing address of the mortgagee. a direct contact name and telephone number of mortgagee
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facsimile number and e-mail address and in the case of a corporation or out -of -area mortgagee,
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the local propert mama ement com an responsible for the security. and maintenance of the
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property.
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(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 a ply to prpperties that have been the subject of a foreclosure sale
14
where the title was transferred to the beneficim of a mortgage involved in the foreclosure and
transferred under a deed in lieu of foreclosure /sale.
15
any properties
16
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.
19
20
(7) Any person or corporation that has registered a property under this section must report
21
e of information contained in the registration within ten (10) days of the change.
any chan
22
23
(D Maintenance requirements.
24
25
1 Properties subject to this Division shall be kept free of weeds overgrown brush dead
26
vegetation trash dunk 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.
30
31
(2) The property shall be maintained free of graffiti or similar markings by removal or
32
painting over with an exterior uade 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, round 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 g.
Page 10 of 12
Additions shown by underlining and deletions shown by g-
be so the water remains free and clear of pollutants and
1
2
6 Pools and spas shall maintained
debris Pools and spas shall comply with the enclosure requirements of the City Code of
3
Ordinances and Florida Building Code as amended from time to time.
4
5
(7) Failure of the mortgagee and/or property owner of record to properly maintain the
6
may result in a violation of subsection 15- 110(b) the City Code and issuance of a
7
property
citation by a City's code enforcement officer.
8
9
(8) If necessary the citation and compliance matter maybe brought by the City to the special
10
master who mgy make a finding and determination that the Cily mqY take any additional action
11
necessary to ensure compliance with this Division.
12
13
(k) Security requirements.
14
to this section shall be maintained in a secure manner so as not to be
15
1 Pro e ties subject
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 mgy allow a child to access the
20
interior of the property an d/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 mortgagee, a local property
•
24
management company shall be contracted to perform bi- weekly inspections to verify compliance
25
with the requirements of this section and any other applicable laws.
26
27
4 The roe shall be osted with the name and 24 hour contact hone 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 ostin shall be laced on the interior of a window facing the street to the front of the
36
so it is visible or secured to the exterior of the building/structure facing the street to the
37
property
front of the property so it is visible or, if no such area exists on a stake of sufficient size to
38
supp� the posting in a location as close as possible to the main door entrance of the property.
39
ort
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
Page 10 of 12
Additions shown by underlining and deletions shown by g-
• 1 6 Failure of ine mun a culuf�= �� - - -- -
2 propert may result in a violation of subsection 15-100(b) the CAY Code and issuance of a
3 citation by a City's code enforcement officer.
4
5 7 If necessar I the citation and compliance matter may be brought by the Cily to the special
6 master who mgy make a finding and determination that the Cily may take any additional action
7 necessary to ensure com lian ce with this Division.
8
9 (1) Opposing, obstructing code enforcement officer; penalty
10
11 Whoever o pposes, 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 An code enforcement officer or an person authorized b the code enforcement officer
rosecution civil or criminal for reasonable good faith trespass upon real
18 shall be immune from
19 propejjy 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 designee,
• 24 shall have authority to require the mortgagee and/or owner of record of any property affected by
25 this section to implement additional maintenan ce and/or secun measures including, but not
26 limited to securing an and all door, window or other openings, employment of an on -site
27 security and or other measures as ma be reasonably required to help re vent further decline
28 of the property.
29
30 (o) Adoption of rules; expenditure of funds; declaration of City purpose.
31
consistent with his/her duties and authorities under the City Charter,
32 The City Manager
3 3 including those duties and authorities relatin to emer enc situations is authorized and
34 empowered to adopt rules and regulations and expend Ci funds as ma be reasonabl necessary
35 and available to carry out the terms of this Division the expenditure of such funds being
36 declared a proper.Cily purpose.
37
38 () Owner responsible for costs of removing abandoned property.
39
40 The owner of @ny 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 p nally provisions of this section. In the case of an abandoned boat
45 an erson who neglects or refuses to a such amount shall not be entitled to be issued a
• 46 certificate of re istration for any boat until such costs have been paid. The code enforcement
Page 11 of 12
Additions shown by underlining and deletions shown by �-
0
•
•
1 officer shall supply the state department of environmental protection with a list of persons whose
2 boat registration privileges, have been revoked under this section. In the case of an abandoned
3 motor vehicle any person who neglects or refuses to pay such amount shall be subject to a class
4 II violation minimum fine of $200.00.
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
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
I" Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner
Commissioner Newman:
Page 12 of 12
Additions shown by underlining and deletions shown by �_�
•
•
•
MIAMI DAILY BUSINESS REVIEW
Published Dally exwpl Saturday. Sunday and
Legal Holidays
Miami, Miarni -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PERFZ, 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
Cccr;ty, F:o. a :'art Lie al',achad wpy of aavertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 3117/2009
in the XXXX Court,
was published in said newspaper in the issues of
03/06/2009
Affiant 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 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.
41/.
Swom to and subscribe�Ih,
(SEAL)
V. PEREZ personally known to me
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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 MAYOR & 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 WANING 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 I NDER .LAW;.
PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT. AND AN EFFECTIVE DATE.
AN OFlDINANdE 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
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
MAINTENANCE AND ABANDONED PROPERTY; OF
CHAPTER 15, -RELATING TO - OFFENSES AND MISCEL-
LANEOUS PROVISIONS% PROVIDING FOR FINES. I
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, SEVERABfUTY AND AN EFFECTIVE DATE.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
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 09.3-6711186384M
•
0
•
IR
Miami's best skippers. No experience
necessary. Volunteers needed; l p.m.
Sunday; Shake -A -Leg Miami, 2620 S.
Bayshore Dr., Coconut Grove; $15,.
$10 members. 305 - 858 -5550;
ext.103 or shakealegmiami.org.
Walk-With Me Miami 2009: Three -
mile family fun walk to be held on
March 28. Easter Seals Walk With Me
unites thousands of people in a com-
mon cause to.provide help and hope.
for individuals and families living
with disabilities. Online registration
available; through March 22; Ronce
de Leon Circle Park, Palermo Street
and Seville Avenue, Coral Gables;
free. walkwithtne.org /.
HEALTH AND FITNESS,
SPECIAL EVENTS
Adolescent Depression /Anxiety
Group: Open to kids 13 -17 who would
like to join Support group aimed at
fostering coping skills to alleviate
and prevent feelings of anxiety and
depression; 4 -5 p.m. Wednesday;
(305) Music Lounge, 721 N. Lincoln
'TURN TO CALENDAR, 54
CITY OF SOUTH- MIAMI
COURTESY NOTICE
NOTICE ISMEREBY 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 at7:30 p.m. in the City Commission Chambers,
6130 Sunset Drive, to consider the following items:
Resolution:
A RESOLUTION 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.
Second ReadinEr.
AN ORDINANCE RELATING TO AMENDING CHAPTER 2 OF THE GAY'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 N, 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 T
ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS TO ALL INTERES
PERSONS.
ALL interested parties are invited to attend and will be heard.
Maria M. Menende4 CIVIC
City Clerk
Pursuant to Florida Statutes 266:0105, the City hereby advises the public that'd a person decides
to appeal any decision made by this Board, Agency or Commission with respect to arty matter
consideifdat 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.
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -OADE:
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
03/27/2009
Affiant further says that the said Miami Daily Business
Review is at newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been confinuously 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
newspa per. /)
V '
Sworn to and subscribed before s
27 day of MARCH , A.D. 2009
(SEAL)
V. PEREZ personally known to me
r.• -N Nolary Pudic State of Florida
(beryl H. Mehner
My Commission 00783490
EVIles0711WO12
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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:
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 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 }AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI" FL.PRIDA, RELATING TO
THE POSITION OF THE CITY MANAGER; AMENDING THE
CODE OF ORDINANCES CHAPTER 2, 'ADMINISTRATION
AND CITY GOVERNMENT,' SECTION 24.4, 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 y$
RELATING TO 'OFFENSES AND MISCELLANEOUS
PROVISIONS'; PROVIDING'FOR FINES. STANDARDS FOR
LOT MAINTENANCE AND A DETERMINATION OF t
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
VIOLATIONSICITATIONS TO ALL INTERESTED PERSONS:
PROVIDING FOR ORDINANCES IN CONFLICT, CODIFI-
CATION, SEVERABILITY AND AN EFFECTIVE DATE.
Solution:
A RESOLUTION OF THE MAYOR & 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
PARK-
ING SPACEIS FROM TWENTY SIX TWENTY ) 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 MIAMI. FLORIDA; LOCATED B SOUTH
IIDA;AND PROVIDING AN EFFECTIE
DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF TH E CRY OF SOUTH MIAMI, RELATING TO A REQUEST
PURSUANT TO SECTION 20.3.4(B)(4xb) OF THE LAND
DEVELOPMENT APPROVAL
LLOCATEA GENERAL RESTAURANT LOCATED AT 6200
SUNSET DRIVE WITHIN THE - PUD -H' PLANNED UNIT
MIAMI O AND PROVIDWGAN EFFECTIVE( DATE.
First Reading:
AN ORDINANCE OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
(EAR)T BASED HTEXT AMENDMENTS TO THE SOUTH MIAMI
COMPREHENSIVE PLAN: THE AMENDMENTS ARE TO THE
GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING
COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE;
TRANSPORTATION: HOUSING: INFRASTRUCTURE: CON-
SERVATION; RECREATION AND OPEN SPACE; INTER-
GOVERNMENTAL COORDINATION. AND CAPITAL IMPROVE'
MENTS; PROVIDING FOR CONFLICT, AND PROVIDING AN EFFECTIVE DATE IN
.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
pudic that if a person decides to appeal any decision made by this
Board, Agency or Commission with respect to any matter r s'deein s t
its meeting or hearing, he or she will De need mr record of to ensure that a
and that for such purpose.
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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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
NONDESIR 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 a 2008 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
(V
CITY OF SOUTH MIAMI
COURTESY NOTICE
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.
Air Force Airman Moises
Gallardo graduated from
basic military training at
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Ronda 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:
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AN ORDNANCE RELATNGTO AMENDING CHAPTER 2 DFTHE CnYS CODE OF ORDINANCES ENfIREDADMNLSTRATIONAND QTY GOVERNMENT:
BY AMENDING SECTION 2.7 ENTITLED 'ADMNIS TINTNE DEPARTMENT FiNCfIONSAND DUTIES'; TO INCLUDE SUBSECTION (E); PROHIBITING
FORMER EMPLOYEES THAT HAVE RECEIVED SEVERANCE ANOA7R HAVE SUED THE COY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT
AGAINST THE CITY FROM SEEKING RE- EMPUUYMENTAT THE CITY, IXCEIT AS OTHERWISE PROVIDED UNDER LAW.
AN ORDNANCE RELATING TO THE POSITION OF THE CITY MANAGER AMENDING THE CODE OF ORDINANCES CHAPTER 2. "ADMINISTRATION
AND CITY GOVERNMENT; SECTION 24.4, ENTITLED *RESERVED: PROVIDING FOR AN ANMNA PERFORMANCE EVALUATION.
AN ORDNANCE RELATING TO THE QTY'S CODE OF ORDINANCES, CREATING ARTICLE IV, WHICH ARTICLE SNAIL BE ENTITLED -LOT
MAINTENANCE NANCE AND ABANDONED PROPELTTY; OF CHAPTER 15, RELATING TO.ORENSFS AND MISCELLANEOUS PROVISONS*; PROVIDING
FOR FINES, STANDARDS FOR LOT MAINTENANCE AND A DETERMINATION OF ABANDONED PROPEIM; PROVIDING FOR NOTICE PROVISIONS
FOR AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ISSUES: PROVIDING AUTHOWTY TO ENTER PROPERTY TO MAINTAIN LOT, IF
PROPERTY IS NOT BROUGHT INTO COMPLIANCE PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REOUEEMENTTHAT MORTGAGE HOLDERS
TO REGISTER WITH THE CITY ON ANNUAL BASS TO ENSURE PROM NOTICE OF NOATIONSWATWNS TO ALL INTERESTED PERSONS.
B1101AM;
A RESOLUTION PEIATINGTO A REQUEST FOR A VARIANCE FROM SECTION 204.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A
COMMERCIAL BOLDING TO REDUCE REQUIRED PARMING SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES; AND A VAFORCE
WAIVING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE RECUMED BY THE GRAPHIC REOUIREMFNNT IN SECTION 201.4: ALL ON PROPERTY
WITHIN AN 'LO' LOW- INTESM OFFICE USE DISTRICT LOCATED AT 5825 SW 68- STREET, SOUTH MIAMI. FLORIDA
A RESOWmN RELATING TO A REOUEST PURSUANT TO SECTION 2D- 3.4(BM4xbl OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 6200 SUNSET DRIVE WITHIN THE'PUD -M' PLANNED UNIT DEVELOPMENT-
HOSPITAL ZONING DISTRICT (SOUTH MIAMI HOSPITAJ; AND PROVIDING AN EFFECTIVE DATE.
Flrst Read'rw:
ANORDNANCEADOPFNGTHEEVAILATIONANDAMtWAREPORT( EAR )BASEDTFXTAMMOMFNTSTOTNESOUTH MLUAICGMMW34SK
PLAN; 7HE AMFNDMENTSARE TO THE GOALS. OBJECTIVFS.AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE
LAND USE TRANSPORTATION; NOOSING; WNFRASTRUCRNE: CONSERVATION: RECREATION AND OPEN SPACE. NTEAGOVERNMENTA
COORDINATION; AND CAPITA 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.
Maria M. Menendez, CHIC
City Clerk
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A,<P,KAadnvr a auae.Nm rAwld v,eb.A ee aaWam,r and «e.ao• vPaa maltli I,A.FPa1 R¢ b ea mwd.
Air Force Airman Luis
Gonzalez recently graduated
from basic military training at
Lackland Au 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 S.
• LICENSED & INSURED
• COMMERCIAL & RESIDENTIAL
FRANKS
LAWN SERVICE, INc.
(305) 233 -9369
FREE ESTIMATES
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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. 73i° 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