10-18-05 Item 194{"
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
Prom: Maria V. Davis
City Manager
ORDINANCE
South Miaff�i
2001
Date: October 18, 2005
Subject: Agenda Item_ #
Declaration of Public Nuisance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH AHAIMI, 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 EFF ,C IVE 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.
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 15
5 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI,
6 RELATING TO THE ESTABLISHMENT OF A PROCEDURE FOR
7 PUBLIC NUISANCE ABATEMENT; FINDINGS OF THE CITY
8 COMMISSION; DECLARATION OF PUBLIC NUISANCE; DUTIES OF
9 DIRECTOR OF COMMUNITY DEVELOPMENT; NOTICE TO
10 OWNER, AGENT OR PERSON IN CONTROL OF ANY PERSONAL
11 OR REAL PROPERTY UPON WHICH A PUBLIC NUISANCE EXISTS;
12 APPEAL; DUTIES OF CITY ATTORNEY; RECOVERY OF COST AND
13 REASONABLE ATTORNEYS FEES; FILING OF LIENS; PROVIDING
14 FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN
15 EFFECTIVE DATE.
16
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
21
22 WHEREAS, there exist or may exist in the City of South Miami structures or uses
23 of lands and personal properly 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
26
27 WHEREAS., failure to mauttain personal and real properly m compliance with the
28 Code of Ordinances, Construction Codes and other regulatory Codes applicable within
29 the City result in the creating of public nuisances which effect the health, safety and
30 welfare of all persons and properly within. the City, and
31
32 WHEREAS, the Charter of the City of South Miami, Article VI, Section 6 and
33 Florida Statute Chapter 162, and 166 expressly authorizes this City to exercise its
34 legislative power for any municipal purpose except as otherwise provided by law, and
35
36 WHEREAS, the City Commission of the City of South Miami finds that
37 abatement of public nuisances in South Miami is a proper municipal purpose and desires
38 io amend Chapter 15 of the South Miami Code of Ordinances accordingly, and
39
40 WHEREAS, the abatement of a public nuisance has not been expressly preempted
41 to the State or County Government by the Constitution or general law, and
42
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I Sec. 15 -50 Declaration of public nuisance; abatement required.
2
3 All real property including structures and personal property located thereon and
4 undevelpped lots which are either: unsafe unsanitary fail to permit safe public
5 passage constitute a fire or environmental hazard daa��erous to human_ life,
6 dangerously constructed, unsafely maintained, dilapidated, abandoned, or which
7 m combination with an
otherwise lawful existing
use constitutes a hazard or
8 potential hazard to the
public safety and health,
are declared to be public
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.
12
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 safety the director shall give the owner, 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 findings that the personal or real pro gM 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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I as provided for under section 2 -25CI) of the City of South Miami Code of
2 Ordinances.
3
4 See. 15-51. Emergency Hearing before the Special Master.
5
6 In the event the public nuisance constitutes an immediate threat to life or property,
7 the director shall request an emergency hearing before.the special master seeking
8 an order finding the personal or real property to be unsafe, unsanitary, or a danger
9 to the public health or safety. The notice of nuisance violation and notice of
10 emergency hearing shall issue simultaneously. The notice shall demand
11 immediate remedy of the nuisance condition. The code enforcement clerk shall
12 set the emergency hearing for public hearing before the Special Master at the next
13 regular meeting or at a special set emergencymeeting, within 10 days of issuance
14 of the notice.
15 (a) The notice of emergency hearing shall be mailed via certified mail,
16 hand delivered, or posted to the alleged violator's last known address and to
17 the address of the property owner that appears in the tax records.
18
19 (b) Appeal hearings of nuisance violations.
20
21 The hearing_ procedures established at 2 -25(h) (1) =(5) shall be adhered to
22 for all appeals of notices of nuisance violations issued to a violator.
23
24
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I (c) Notice of appeal — emergency and non- effierggncy nuisance.
2
3 (1) Emergency nuisance violation.
4
5 The owner, went, or person in control of the personal or real property shall
6 have the right to appeal the notice of nuisance violation reflecting an
7 emergency violation of the director by filing written notice of appeal 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 Weal requirement rather, than a 20 -day appeal period as
11 provided for under 2- 25(g). The notice of appeal shall set forth the Ugunds
12 relied upon by the owner, agent, or person in control of the personal or real
13 propem ty as to why --y should not be required to abate the nuisance.
14
A. peal of emergency
hearing under section 15 -51
decision
by special
15
master shall be as
provided for under section 2-25(h),
of the city's
code of
16 ordinances.
17 Q Non - emergency nuisance,
18
19 The owner, agent, or person in control of the personal or real pLopeLty shall
20 have the right to appeal the notice of nuisance violation of the director by
21 filing written notice of appeal within 20 calendar days after receipt of the
22 "notice of nuisance." The violator shall adhere to the appeal requirements
23 of the 20-day Weal period as provided for under 2- 25(g). The notice of
24 appeal shall set forth the grounds relied upon by the owner, went or person
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in control of the personal or real properly as to why they should not be
required to abate the nuisance.
Appeal of the hearing under section 15 -51 decision by special master shah
be as provided for under section 2 -25(x, of the city's code of ordinances.
(d) Relief when owner fails to abate or file appeal.
If the owner, agent, or person in control of any unsafe structure, lot, or personal
property shall fail neglect, or refuse to abate the public nuisance as described in
the "notice of nuisance violation" within the time stated by the director and no
gppeal has been taken to the Special Master, the City Attorney is authorized to
seek gppropriate relief such as (injunctive or declaratory relief ) upon behalf of the
public in the name of the City from any court or- administrative a envy having
Jurisdiction to abate public nuisances.
(e) Public hearing on weal.
In the event an appeal is taken to the Special Master, the Special Master at a
public hearing shall review all evidence and hear testimony from all
interested parties including the public. The Special Master shall determine
if the public nuisance exists as found by the director. If the Special Master
upholds the determination of the Director and finds that a public nuisance
exists, the City Attorney shall seek appropriate judicial relief such as
( injunctive or declaratory relief) upon behalf of the City and the public. If
an emergency exists and is so declared by the Special Master,_ the City
Manager shall be authorized to abate the nuisance in such manner as shall
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I protect the public from the immediate 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 further 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 attorney fees costs associated with obtaining
14 injunctive or declaratM 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 property
16 . benefited by the abatement of the nuisance. The lien shall be recorded in the
17 public records of Mimi -Dade County, Florida as a special assessment lien on the
18 property equal in dignity with all other liens of the City. Duration of the lien shall
19 be for a period of twenty years as per 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 eg nerally.
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 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.
ATTEST:
CITY CLERK
CITY ATTORNEY
ls' Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Eirts- Cooper:
Commissioner Sherar:
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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, 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 unt, rebate, commission or refund for the purpose
of s cu g this advertisement for publication in the said
ne sp per.
Sworn to and subscribed before me this
09 da of SEPTEMBER A.D. 2005
(SEAL)
SOOKIE WILLIAMS personally knowg'
o r i Maria i. Mesa
My Commission DD293055
ar Expires March 04, 2006
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