10-05-05 Item 12CITY OF SOUTH MIAMI
OFFICE OF THE CfTY'ANNAG R
INTER - OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
From: Maria V. Davis
City Manager
ORDINANCE
Date:
Subjeet: Agenda Item #
South Miami
2001
Declaration of Public Nuisance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIA % 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 O *NER,
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. Linder 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.
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I Sec. 15 -50® Declaration of public nuisance; abatement required.
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3 All real pMgM including structures and personal property located thereon and
4 undeveloped lots, which are either: unsafe, unsanitary, fail to permit safe public
5 passage, constitute a fire or environmental hazard, dangerous to human life,
6 dangerously constructed, unsafely maintained, dilapidated, abandoned, or which
7 in combination with an otherwise lawful existing use constitutes a hazard or
8 potential hazard to the public safety and heal public
A are declared to be pu
9 nuisances. All public nuisances shall be abated by repair rehabilitation, or
10 removal in accordance with the procedures set forth in this section.
11 (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 property to be unsafe, unsanitary , or a danger to the
16 public health or spRIL the director shall give the oMMer, agent or person in
17 control of the premises with written "notice of nuisance violation" which
18 shall constitute a civil offense punishable as provided for under section 2-
19 25. The notice shall, state the nature of the danger to the public health or
20 safety and his finding that the personal or real property constitutes a public
21 nuisance. The notice shall require abatement of the nuisance within a
22 period not to exceed 30 days. A notice of nuisance violation shall be issued
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as provided for under section 2-25(1), of the City of South Miami Code of
Ordinances.
See. 15-51. Emergeng Hearing before the Special Master.
In the event the public nuisance constitutes an immediate threat to life or "o gML
the director shall request an emergency hearing before,the special master seeking
an order finding the personal or real propM to be unsafe, unsanitary, or a danger
to the public health or safety. The notice of nuisance violation and notice of
emerLeM hearing shall issue simultaneously. The notice shall demand
immediate remedy of the nuisance condition. The code enforcement clerk shall
set the emergency hearing for public hearing before the Special Master at the next
regular meeting or at a special set emergency meeting, within 10 days of issuance
of the notice.
(a) The notice of emergency hearing shall be mailed via certified mail,
hand delivered, or posted to the alleged violator's last known address and to
the address of the property owner that Wears in the tax records.
(b) AMeal hearings of nuisance violations.
The hearing procedures established at 2-25(h) (1) — (5) shall be adhered to
for A Weals of notices of nuisance violations issued to a violator.
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6 have the right to Weal the notice of nuisance violation reflecting an
7 emergency violation of the director by filing written notice of Weal within
8 five business day after receipt of the emergency "notice of nuisance." Due
9 to the nature of the emergency violation, the violator is provided a shorter,
10 five business &L appeal requirement rather, than a 20-day, Weal period as
11 provided for under 2-25(g). The notice of Weal shall set forth the grounds
12 relied upon bathe owner, n control of the personal or real
., went, or person i
13 property as to why they should not be required to abate the nuisance.
14 Appeal of emergent y hearing under section 15-51 decision by special
15 master shall be as provided for under section 2-25M, of the city's code of
• ordinances.
17 Q Non-emergogy nuisance.
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19 The owner , anent, or person in control of the personal or real grope shall
20 have the fight to Weal the notice of nuisance violation of the director by
21 filing written notice of Weal within 20 calendar days after receipt of the
22 "notice of nuisance." The violator shall adhere to the appeal requirements
23 of the 20-dU appeal period as provided for under 2-25(g). The notice of
24 appeal shall set forth the grounds relied gpon by the owner agent. or -person
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2 required to abate the nuisance.
3 Appeal of the hearing under section 15-51 decision by special master shall
4 be as provided for under section 2- 25 {k), of the city's code of ordinances.
5 (d) Rehef when owner fails to abate or file Weal.
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7 If the owner , ent, or person in control of any unsafe structure, lot, or personal
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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 appeal has been taken to the Special Master, the City Attorney is authorized to
11 seek appropriate relief such as (injunctive or declaratory refieD ppon 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) Public hegbM on appeal.
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16 In the event an Weal is taken to the Special Master, the Special Master at a
17 pILbhq hearing shall review all evidence and hear testimony from all
18 interested parties including the public. 'The Special Master shall determine
19 if the public nuisance exists as found by the director. If the Special Master
20 "holds the determination of the Director and finds that a public nuisance
21 exists; the City Attorney shall seek appropriate judicial relief such as
22 "idungfive or declaratory relief} upon behalf of the City and the public . if
23 an emergency exists and is so declared by the Special Mager, the City
24 Manager shall be authorized to abate the nuisance in such manner as shall
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protect the public frQm the inunediate danger to health or safety. If the
2 Special Master finds that no public nuisance exists, the decision of the
3 Director shall be deemed reversed and no finther action shall be taken,
4 unless a change of circumstances occurs, in which instance, the public
' 5 nuisance abatement procedure set forth herein shall be followed.
11 sought in abating a public nuisance shall be paid to the City by the owner, agent,
12 or person in control of the personal or real property upon which the nuisance
13 exists. Costs shall include reasonable gAgmey fees costs associated with obtaining
14 injunctive or declaratory relief, cost of removal, repair, or demolition incurred by
15 the City. If not Paid, the amount of said costs shall become a lien on the proper
16 . benefited by the abatement of the nuisance. The lien shall be recorded in the
17 public records of Miami-Dade County Florida as a special assessment lien on the
18 gLoggM egual in diggLty with all other liens of the Cfty. Duration of the lien shall
19 be for a period of twenty years aver Florida State Statute Section 162. 10. The
20 lien shall bear interest at the highest legal rate of interest permitted by law. The
21 City Attorney is directed to collect all costs in the manner permitted by law for
22 foreclosure of liens Renerallv.
23 Section 2. All ordinances or parts of ordinances in conflict with the provisions
24 of this ordinance are hereby repealed.
WMIMI,
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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, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this day of .2005.
CITY CLERK
"UMSTIMP]
1 st Reading —
2' Reading —
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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 -DADE:
Before the undersigned authority personally appeared
SOOKIE WILLIAMS, who on oath says that he or she is the
VICE PRESIDENT, 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 - 9/20/2005
ORDINANCE CREATING CHAPTER 21, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
09/09/2005
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, fora
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 unt, rebate, commission or refund for the purpose
of s cur g this advertisement for publication in the said
ne sp, er.
Sworn to and subscribed before me this
09 dal of SEPTEMBER A.D. 2005
(SEAL)
SOOKIE WILLIAMS personally knowp 0 Cana I. Mesa
a My Commission DD293855
e: Expires March 04, 2008
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