09-20-05 Item 74-
CITY OF SOUTH MIAMI
OFFICE OF THE CITY AL01 AGER
INTER - OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: September 20, 2005
and City Commission
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From: Maria V. Davis Subject: Agenda Item o ,
City der a Comm. Mtg. Sept: 6, 2005
Declaration of Public Nuisance
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 15 OF THE CODE OF
ORDINANCES OF THE CITY OF SOUTH MIAMI, RELATING TO THE
ESTABLISHMENT OF A PROCEDURE FOR PUBLIC NUISANCE ABATEMENT;
FINDINGS OF THE CITY COMMISSION; DECLARATION OF PUBLIC NUISANCE;
DUTIES OF DIRECTOR OF COMMUNITY DEVELOPMENT; NOTICE TO OWNER,
AGENT OR PERSON IN CONTROL OF ANY PERSONAL OR REAL PROPERTY
UPON WHICH A PUBLIC NUISANCE EXISTS; APPEAL; DUTIES OF CITY
ATTORNEY; RECOVERY OF COSTS AND REASONABLE ATTORNEYS FEES;
FILING OF LIENS; PROVIDING FOR SEVERABILITY; ORDINANCES IN
CONFLICT; AND AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The nuisance ordinance which currently is on the books is limited and does not give Code
Enforcement and the City enough enforcement power to abate what is considered to be a
nuisance. Under the proposed amended ordinance, Code Enforcement can cite a property owner
for what is determined to be unsafe, unsanitary, fail to permit safe public passage, constitute a fire
or environmental hazard, dangerous to human life, dangerously constructed, unsafely maintained,
dilapidated, abandoned, or which in combination with an otherwise lawful existing use constitutes
a hazard or potential hazard to the public safety and health as a public nuisance.
If the property owner does not abate the public nuisance, the amended ordinance gives the City
the right to enter the private property and take whatever action is necessary to abate the public
nuisance for which the property owner was cited. It also provides for an appeal process for the
property owner. The amendment gives the City the power to collect reimbursement for the cost
of the abatement or the right to lien the subject property if necessary.
RECOMMENDATION
Commission approval of the ordinance is recommended.
17 WHEREAS, the Florida Legislature has declared that all nuisances which tend to
18 annoy the community or injure the health of the citizens in general, or to corrupt the
19 public morals, are misdemeanors of the second degree, punishable as provided in Florida
20 Statute 77.083, and
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22 WHEREAS, there exist or may exist in the City of South Miami structures or uses
23 of lands and personal property which tend to annoy the community, injure the health,
24 safety and welfare of the community or violate the Code of Ordinances, the Florida
25 Building Code or other construction codes applicable within the City, and
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I See. 15-50. Declaration of vublic nuisance; abatement reguired.
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3 All real property including stmctures- and personal moperty located thereon and
4 undeveloped lots, which are either: unsafe, -unsypiLaM fail to peffnit safe pubhc
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7 m combination with an otherwise lawful existing use constitutes a hazard or
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I I (a) Notice of nuisance violation.
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13 Whenever the Director of Community Development (director
) or his/her designee,
14 including, but not limited to, code enforcement officers or police officers shall
15 find any personal or real propMy to be unsafe, unsanitary, or a danger to the
17 control of the premises with written "notice of nuisance violation" which
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19 25. The notice shall state the nature of the danger to the pubhc health or
20 sg&iy and his finding that the personal or real "o ga constitutes Lpubh!j
21 nuisance. The nofice shall require abatement of the nuisance within a
22 period not to exceed 30 dgys. A nofice of nuisance violation shall be issued
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4 See. 15-51. Emergency Hearing before the Special Master.
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6 In the event the public nuisance constitutes an immediate threat to life or property,
7 the director shall request an emergeM hearing before the pecial master seeking
10 emergocy hearing shall issue simultaneously. The notice shall demand
11 immediate remedy of the nuisance condition. The code enforcement clerk shall
12 set the emergena hearing for public heaqing before the Special Master at the next
13 regular meeting or at a special set emergent meeting, within 10 days of issuance
14 of the notice.
15 (a) The notice of emergena hearing shall be mailed via certified mail,
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19 (b) Appeal hearings of nuisance violations.
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21 The hearing procedures established at 2-25(h ) (1) — (5) shall be adhered to
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6 have the ri&t to Weal the notice of nuisance violation reflecting an
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14 AMeal pf emergMcy hearing under section 15-51 decision by Vecial
17 Q Non-emergqRcy nuisance,
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19 The owner,, agent, or person in control of the personal or real Property shaR
20 have the right to Weal the notice of nuisance v , lolation of the directoLby
0-1 filing written notice of Weal within 20 calendar dgys after receipt of the
22 "notice of nuisance." The violator shall adhere to the Weal reguirements
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5 (d) Relief when owner fails to abate or file @Meal.
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7 If the omLn_er, agent, or person in control of any unsafe structure, lot, or personal
8 property shall fail, neglect, or refuse to abate the public nuisance as described in
9 the "notice of nuisance violation" within the time stated by the director and no
10 Meal has been taken to the Special Master, the City Attorne y is authorized to
11 seek appropriate relief such as (injunctive or declaratory relief) upon behalf of the
12 public in the name of the City from any court or administrative agency having
13 'jurisdiction to abate public nuisances.
14 (e) Pubhc heyba on appeal.
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16 In the event an Meal is taken to the Special Master, the Special Master at
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23 an emergggcy exists and is so declared by the Special Master, the Citg
24 Manager shall be authorized to abate the nuisance in,such manner as shall
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2 Special Master finds that no public nuisance exists, the decision of the
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• benefited by-the-a-batement of the nuisance. The lien shall be recorded in the
17 public records of Mianfi-Dade CgjjW Florida as a Vecial assessment hen on the
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23 Section 2. All ordinances or parts of ordinances in conflict with the provisions
24 of this ordinance are hereby repealed.
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Section 3. If any section, clause, sentence, or phrase »f1¥ w ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaMmg portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this day of P 200J
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