12-18-90OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
DECEMBER 18, 1990
7:30 PM
A. Invocation
Next Resolution: 147 -90 -9075
Next Ordinance: 25 -90 -1464
Next Commission Meeting: 1/2/91
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations
D. Items for Commission Consideration:
1. Approval of Minutes of December 4, 1990, Regular City Commission Mtg.
2. City Manager's Report
3. City Attorney's Report
ORDINANCES SECOND READING AND PUBLIC - HEARING
4. An Ordinance of the Mayor and City Commission of the City of
South Miami Florida; amending Section 12 -5 of the Code of
Ordinances of the City of South Miami to provide an objective
definition of overgrown lots; amending Section 12 -6 to provide
for notice in accordance with Chapter 162, Florida Statutes;
amending Section 12 -7 to provide for hearing before the Code
Enforcement Board in accordance with Chapter 162, Florida Statutes;
providing for severability; providing for ordinances in conflict;
and providing an effective date.
RESOLUTIONS FOR PUBLIC HEARING: 9 ministration) (3/5)
5. A- Resolution of the Mayor and City Commission of the City of
South Miami, Florida approving requests for a waiver from
Section 20 -4.2 (C) (1) of the Land Development Code for required
sidewalks, curbs and gutters in the public right -of -way; and a
partial waiver from Section 20 -4.2 (C) (1) of the Land Development
Code of required paving and drainage in the public right -of -way;
both requests by Mr. Stanley Toledo from the Planning Board of
the City of South Miami, Florida for the property known as 6314 S.W.
49th Street, South Miami, Florida, and legally described herein.
RESOLUTIONS: (Planning Board /Administration) (4/5)
Nf�_ �D - 50 r7��,
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Administration to enter
a contract with The Magg League for the non - exclusive use of the
City's J. E. Murray Park.
(Administration) (4/5)
ORDINANCES FIRST READING:
None.
REMARKS:
None.
You are hereby advised that if any person desires to appeal any
decision with respect to any matter considered at this meeting or
hearing, such person will need to .ensure that a verbatim record
of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based,
F
;g OFFICIAL AGENDA
CiTY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
DECEMBER 18, 1990
7:30 PM
A. Invocation
Next Resolution: 147 -90 -9075
Next Ordinance: 25 -90 -1464
Next Commission Meeting: 1/2/91
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations
D. Items for Commission Consideration:
1. Approval of Minutes of December 4, 1990, Regular City Commission Mtg.
2. City Manager's Report
3. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida; amending Section 12 -5 of the Code of
Ordinances of the City of South Miami to provide an objective
defini'tion of overgrown lots; amending Section 12 -6 to provide
for notice in accordance with Chapter 162, Florida Statutes;
amending Section 12 -7 to provide for hearing before the Code
Enforcement Board in accordance with Chapter 162, Florida Statutes;
providing for severability; providing for ordinances in conflict;
and providing an effective date.
(Administration) (3/5)
RESOLUTION'S FOR PUBLIC HEARING:
5. A Resolution of the Mayor and City Commission of the City of
South 'Miami, Florida approving requests for a waiver from
Section 20 -4.2 (C) (1) of the Land Development Code for required
sidewalks, curbs and gutters in the public right -of -way; and a
partial waiver from Section 20 -4.2 (C) (1) of the Land Development
Code 6f required paving and drainage in the public right -of -way;
both requests by Mr. Stanley Toledo from the Planning Board of
the City of South Miami, Florida for the property known as 6314 S.W.
49th Street, South Miami, Florida, and legally described herein.
RESOLUTIONS: (Planning Board /Administration)
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida authorizing the City Administration to enter
a contract with The Magg League for the non - exclusive use of the
City's J. E. Murray Park..
(Administration) (4/5)
ORDINANCES - FIRST READING:
None.
REMARKS
None.
You are hereby advised that if any person desires to appeal any
decision with respect to any matter considered at this meeting or
hearing, such person will _need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
(4/5)
ORDINANCE NO 25 -90 -1464
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI. FLORIDA; AMENDING SECTION 12 -5 OF
THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI T
PROVIDE AN OBJECTIVE " DEFINITION OF OVERGROWN LOTS;
AMENDING SECTION 12 -6 TO PROVIDE FOR NOTICE IN
ACCORDANCE WITH CHAPTER 162, FLORIDA STATUTE'S; AMENDING
SECTION 12 -7 TO PROVIDE FOR HEARING BEFORE THE CODE
ENFORCEMENT BOARD IN ACCORDANCE WITH CHAPTER 162,
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Code of Ordinances of the City of South Miami,
Florida presently contains provisions prohibiting overgrown lots
and the enforcement of those mrovisions in sections 12 -5 throuah
12 -8; which sections were first enacted in 1950, and
WHEREAS, in 1980, the State of Florida enacted Chapter 162
of the Florida Statutes "The Local Government Code Enforcement
Boards Act1° providing inter alia for organization, enforcement
procedure, conduct of hearing, and notices of municipal Code,
Enforcement Boards, and
WHEREAS, the Mayor and City Commission wish to adopt the
provisions of Chapter 162 to govern the enforcement of these
sections of the Code and to provide an objective standard as to
the determination of overgrown lots,,
NOW.. THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 12-5 of the Code of Ordinances of the
Citv of South Miami, Florida, be, and hereby is, amended to read:
Sec. 12 -5. Overgrown Lots Defined and Prohibited.
It shall be unlawful for anv owner or owners of any
lot, parcel or tract of land within the City to permit
weeds, grass. or undergrowth to grow thereon or on
j
adiacent -swale area to a height of twelve ( 12) inches
or more from the around; or to permit rubbish, trash,
debris, dead trees or other unsightly or unsanitary
matter to remain thereon; or to permit the existence of
debressions or excavations or any other condition on
z7z
i
I,
such Dremises wherein water may accumulate and stand < in
such manner or fashion as to make Dossible the
Dropaeation of mosquitoes therein.
Section - Sectior. 2 -6 c- the Code c- Ordinance_ c: the
City of South Miami. Florida. be_, and herebv i's, amended to read:
Sec. 12 -6. Enforcement Procedure and Notice.
The enforcement procedure for the aforesaid section,
including notice of violation, shall be in accordance
with that set forth in Chapter 162, Florida Statutes.
Section 3. Section 12 -7 of the Code of Ordinances of the
City of South Miami, Florida. be, and hereby is, amended to read
Sec. 12 -7. Conduct of Hearing
Hearinas for violations of Section 12 -5 shall be in
accordance with that set forth in Chapter 162, Florida'
Statutes.
Section 4. If any section, clause, sentence, or phrase of
this Ordinance; is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in -no
wav affect the validity of the remaining portions of.this
Ordinance.
Section 5. All Ordinances or parts of Ordinances in
conflict herewith be, and the same hereby are, repealed.
Section 6. This Ordinance shall take effect immediately at
the time of its Dassaae.
PASSED AND ADOPTED this 18 th day of December 1990.
APPROVED:
ATT T: OR
ITY CLERK
READ AND APPROVED AS TO FORM:
4 ,
CITY ATTORNEY
i _
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A
WAIVER FROM SEC. 20-4.2 ( C`) ( 1 ) OF THE LAND`
DEVELOPMENT CODE FOR REQUIRED SIDEWALKS, CURBS AND
GUTTERS IN THE PUBLIC RIGHT -OF -WAY; AND A PARTIAL
WAIVER FROM SEC. 20 -4.2 (C) (1) OF THE LAND DEVELOPMENT
CODE OF REQUIRED PAVING AND DRAINAGE IN, THE PUBLIC
RIGHT -OF --WAY; BOTH REQUESTS BY MR. STANLEY TOLEDO FROM
THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA
FOR THE PROPERTY KNOWN AS 6314 S.W. 49th STREET, SOUTH
MIAMI, FLORIDA, AND LEGALLY DESCRIBED HEREIN
WHEREAS, Mr. Stanley Toledo requested the Planning Board of
the City of South Miami as follows:
(1) a waiver from Sec. 20 -4.2 (C) (1) of the Land Development
Code for required sidewalks, curbs and gutters in the public
right -of -way; and
(2) a partial waiver from See. 20 --4.2 (C) (1) of the Land
Development Code of required paving and drainage in the public
right- of -way;
both requests for the property known as 6314 S.W. 49th Street,
South Miami, Florida, which property is legally described as
follows:
East 1/2 of the NW 1/4 of the NE 1/4 of the
SW 1/4, less the South 125 feet and less the
North 285 feet, of Section 24, Township 54
South, Range 40 East, lying and being in Dade
County, Florida;
WHEREAS, on November 27, 1990 the Planning Board voted to
approve waiver request no. I with recommendations to the City
Commission (a copy of which is attached hereto) by a 5 - l vote
and to approve partial waiver request no. 2 with recommendations
to
the
City
Commission (a copy of which is attached hereto) by a
5 -
1
vote;
and
WHEREAS, the City Commission Staff Report recommended the
Board "carefully consider and evaluate" both requests;
NOW, 'THEREFORE,. BE IT RESOLVED BY THE MAYOR.ANn TWF rTTY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That request no. 1 of Mr. Stanley Toledo far a
waiver from Sec. 20 -4.2 (C) (1) of the Land Development Code for
required sidewalks, curbs and gutters in the public right-of-
way for the property known as 6314 S.W. 49th Street, South
Miami, Florida, be, and the same is, hereby approved.
Section 25. That request no. 2 of Mr. Stanley Toledo for a
partial waiver from Sec. 20 -4.2 (C) (1) of the Land Development
Code for required paving and drainage in the public right- of-way
for the property known as 6314 S.W. 49th Street, South Miami,
Florida, be, and the same is, hereby approved.
PASSED AND ADOPTED this th day of December, 1990
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Pt
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M
vrY
�V
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MAILING AREA REQUIRED
gip- tiT. Stan moledo
8711 S.W. -85 `-err.
Miami, FL .3155
T,pcss
- 034 5.�. 9 St.
as. �Z1pYJ31
- _ ;valves of Runt c` Way gate -- -02 -9U ... .
improvements �n......��k
pBao -�
TY of MUN AIM � ptAUN tNC� �P390-01-8
PB -90 -018
Applicant:
Request #1:
Request #2:
Legal:
Location:
ANALYSIS
ST ,FF REPORT
November 23, 1990
Stan Toledo
Waiver of required sidewalks, curbs and gutters in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Partial waiver of required paving and drainage in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township 54 South, Range 40 East,
lying and being in Dade County, Florida.
6314 SW 49 Street
The applicant seeks to waive the requirement to provide
sidewalks, curb, gutter and provide an alternative paving plan for
those three dedicated rights -of -way surrounding the property. The
applicant intends to develop the property with five single- family
residential homesites.
RECOMMENDATION
The staff recommends that the Board carefully consider and
evaluate the proposal, in order to best recommend to the Commission
the improvements most appropriate for this area and in the best
interests of the citizens of the City of South Miami and neighbors.
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, November 27, 1990, at 7:30 P.M_ in the Commissioners'
Chambers, the Planning Board of the City of South Miami will
conduct a Public Hearing on the following matter.
On Tuesday, December 4, 1990, at 7:30 P.M. in the Commissioners'
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
PB -90 -018
Applicant: Stan Toledo
Request #1: Waiver of required sidewalks, curbs and gutters in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Request #2: Partial waiver of required paving and drainage in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Legal: East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township 54 South, Range 40 East,
lying and being in Dade County, Florida.
Location: 6314 SW 49 Street
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
ROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT AVERBATIM RECORD OF THE PRO-
CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. 286. 0105)
1C HEARING WILL BE HELD IN THE COM- MISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
11, FLORIDA, AT THE TIME AND DATE STATED ABOVE. -
INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
RSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST. FOR
kREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION
FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
IG DIRECTOR BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
1 RY.
1.-7 BZ REV. IZ -9 -8I
THIS IS A COURTESY NOTICE
PLANNING BOARD
L We request that the subject property be developed with the intent
to preserve as much of its present natural serenity so that only a small,
negative =pact on the neighborhood and on the envirormarttal ins
would occur. The requests sought at this public hearing will yield to
fewer trees being destroyed or replaced. To ccntinue S.W. 50th Street as
a street i- w— cement tl= the southern portion of ' the property would mean
destroying over twelve, stately, beautiful trees that are nesting sights
for squirrels and birds. The increased traffic will hinder the life
styles of long- established residers who cherish the privacy afforded
them along the dead -end section. and residents with young children playing
near the street that has very little traffic presently along S.W. 50th`
Street. The iron- cm*inuation of the street would note iq:)ede traffic
since the street staggers at S.W. 64th Avenue.
The immediate streets within the city limits of this South Miami
neighborhood are totally free of sidewalks. Tile lack of sidewalks adds
to the tranquil beauty since numerous trees flourish where sidewalks
would exist.... thus no sidewalks.
We request that the pavement on S.W. 63rd Avenue not be widened
from S.W. 49th Street and S.W. 50th Street, as it would not serve to
enhance traffic flow.... nor would it have to be made a ooze -sway street
since the pavement is narrow southward with two -way traffic. The narrow
road is ,preferred by neighbors since it retains the character of the
area's country setting as it meanders southward over one -half mile to
Miller Road.
The southwest corner of the property that abuts the dead -erxd of
S.W. 50th Street has a cluster of trees in that corner. To preserve the
trees, the street access to one lot in that same corner would only be a
coa�i of the dead - erxi that aaplies to Dade Canty street
construction codes. However, a T-turn will be constructed to provide
easy turn - around for vehicles entering the dead -end.
Summa here is a definite hardship t rums with the nature of
the land if all street and sidewalk ia�prov, required.
Wetness S ey Tol
Irwin Raskin, Trustee e -
STATE OF FLORIDAL
Before me personally appeared Stanley Toledo and Irwin Raskin,
Trustee to me well known and known to me to be the persons described in
and who executed the foregoing instrument, and acknowledged to and before
me that t'ley executed said instrument for the purposes therein expressed.
WI'n>F.SS my haul and official seal, the 16th Day of October, 1990.
�Xwl l
Notary Publi State bfL,Flcrida
My ca=aissicn Expires:
NOTARY PU9LIC STATE OF FLORIDA
MY C0.".AISSNI.% EXP. ';OV 13,1390
SME9 t;l:' C71; -E-7A! I4 5. UM.
J
Letter of Intent for Portion NOT Included
RE: Folio #09= 4024 -000 -0750 Legal description E 1/2 of NW 1/4
of NE 1/4 of SW 1/4 less S 125 Ft. and less N 285 Ft. thereof,` Section
24, Township 54 South, Range 40 East, lying and being in Dade City
Florida as 1.87 acres, M/L
We are reqaeSting Waiver of plat for 250 Ft, of the north portion
Of the above parcel. We are retaining the south 25 Ft, to sell to three
adjacent pY owners directly south an3- contiguous to said property.
(ann
&kk ¢
Witness Stanley TqlAdn
Wiit3?Oss / 0 Irmn Paskin, 'I`Y17StEe
v • • I
�•_ 1�� • � • •raj
Before me persoazally appeared Stanley Toledo and Iiwin Raskin,
Trustee to me well kna.Am and knowlz to me to be the perscns described in
and who maecuted the foregoing instrument, and acknowledged to and before
me that they executed said instrument for the purposes therein eqpressed.
WMIESS my hand and official seal, the 15th Day of octcber, 1990.
N Publi State . orida
My CaamLission Expires:
NOTARY KZLIC ST6TE 'v' FLORIDA
144
STATE OF FLOP -"M
ay -u'I'Y OF DARE
ly appeared Stanley Toledo and iril Raskm f
Before me P�-�l and Rrw to me to be the per' � described in
Trust too me well 1 and acJa�ow edged before
and who °��° for the *=poses there�.n
me that they executed
WIMESS Tay hand, and official seal.,
the 16th Day of Oot:ober, 1990.
%Z f Florida
Nota, y Public, Stag .
My C c moaLissicn Expires
VOTARY PURL' .^ STATE OF FLORIDA
NY COMMISSION EXF. NOV 13,1510
BONDED TNS. GE ^cR;;L I::'. MD.
City of South Miami
6130 Sunset Drive. South Miami. Florida 3314' )
APPLICATION FOR PUBLIC HEARING BEFORE
WING BOARD -
STANLEY Tbu DG 'A t Kw in �..,.�..�� —'
S Si nature
LJ 3,r
3dress : i i S,w- i f�5 Ti Rid, L Phone Number:
L-30E) 2 -� -3 _ 6 p�
epresented By: 61 —10L-upc H organization: OWN
ddress • y✓�AE
Phone
rchitect: Phone:
ngineer : ,jj gti14fi LL 4ScC . INC. Phone: 262- 4775
wner option to purchase _ Contract to purchase Copy attached?
f ap licant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
n+- (s) Block Subdivision
PB -
:etes and Bounds: F'l2, o'� N W 'ty aT N E Vy of 6W `YJ le$w, J2S FT. P leis N12 S5 F
here o-�, Seet. 'Z�{ , Tw S `� So. , �ta�,no�� �-p le ast, Y1� c�.:�' � � ► •) G titrY
'1 ot; �c t., 't'^�Cl (, 87 Acres m /t_ Fo o 0 -- Z)�t-
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
Variance Special Use Rezoning Text Amendment to LDC
Home Occupational License PUD Approval PUD Major Change
Briefly explain application and cite specific Code sections:
WA IV,—,-I"r- Or 1 1At'tz:. V I7 -11 � 2p -V,2 (� )(1
FU GL. k c Ct> 2 I N (� j2 � c� v t 2 C--�'>
� I v �� L aT : CAA -Fi -7Z i7- ; N0 -�5L I C PINS P���►Z
%K Letter of intent P'r
, o►� ,ntcT i,�Cl.,d�1
Proof of ownership
Current survey
SUBMITTED MATERIALS
Hardship statement
Power of attorney
X Reasons fpr change
5ee q- t" -14at le-++er
Contract to purchase
Site plan (copies) ���' Required fee(s)
The undersigned has read this completed application and represents the
information and all submitted materials furnished are true and correct
to the best of the applicant's knowledge and belief. j9 —,
Date Applicant's Signature and title
Upon receipt, applications and all submitted materials will be reviewed for
compliance with City Codes and other applicable regulations. Applications
found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY : DATE FILED /0 _ / �' ACCEPTED REJECTED
DATE PB H G
COMMISSION PETITION_ REQUIRED
ADVE DEADLINE OTHER INFO PETITION ACCEPTED
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City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, December 18, 1990, at 7:30 P.M. in the Commissioners,
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
Applicant:
Request #1:
Request #2:
Legal:
Location:
Stan Toledo
Waiver of required sidewalks, curbs and gutters in
the public right -of -way per section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Partial waiver of required paving and drainage in
the public right-of-way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township 54 South, Range 40 East,
lying and being in Dade County,' Florida.
6314 SW 49 Street
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
15 TO BE BASED. (F. S. 286. 0105)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE. CITY HALL, 6130 SUNSET DRIVE, SOUTH
MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
THE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION
4T A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
ZONING DIRECTOR BY CALLING 6675691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
!NQUIRY.
(too
- SB100 -7 BZ REV. 12 -9-81
PLANNING BOARD
THIS IS A COURTESY NOTICE
STAN TORO
IRWIN RASM
9095 S.W. 87th Aven e
Miami, Florida 33176
December 12, 1990
City of South Miami C= nissioners and Mayor
RE: 6314 S.W. 49th Street
Dear Sits:
We were dedicating 50 feet for street right of way referred to as
Parcel "Ell on our submitted waiver of plat survey. We also submitted a
letter of intent to retain 25 feet of the southern most portion of the
property and stated' we intended to sell to three adjoining property
owners.
Please accept this letter as an amendb ent to the above proposals.
We will retain the northern most 200 feet of the property (referred to as
Parcels 111A,11 ' "B," "Cl n I'D," and nI"' in our submitted survey) . The legal
der =ipti.on of our property indicates that we own 25 feet south of the 50
feet dedicated street right of 'way. If, in fact, we own the 25 feet,
then the i three adjoining properties are encroaching on our pay.
Thus, we are acknowledging in this letter to be submitted to the hearing
before the Mayor and C annissicners that we are 75 feet 50
feet for street right of way and 25 feet for proper redistribution to the
three adjoining properties. We are not obligating ourselves to any
expenses or legal om itment that may arise with this dedication.'
dedication and deed of any rights we may have to title of the 25
feet, we will have released our rights to the 75 foot width parcel.'.
Sincerely,
Stan Toledo
Irwin Raskin
I
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CI ^TY
ADMINISTRATION TO ENTER A CONTRACT WITH THE MAGG LEAGUE
FOR THE NON - EXCLUSIVE USE OF THE CITY'S J. E. MURRAY
PARK
WHEREAS, the Magg League has heretofore operated its
baseball program at the City's J. E. Murray Park, thus providing
recreation for the adults of this area and revenue to the City
for the use of the Park;
WHEREAS, the relationship has been favorable and the
Administration now requests authority to enter into another one
year contract, a copy of which is attached hereto; and
WHEREAS, the Mayor and City Commission wish to authori2e
the use of the Property on the terms and conditions as set forth
therein as being in the test interests of the public and serving
a valid public purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Administration of the City of South Miami
be, and hereby is, authorized to enter into the attached contract
with THE MAGG LEAGUE for the use of the Baseball Field at J.E.
Murray Park during the period commencing October 11 1990 through
September 30, 1991, upon a responsible basis, including the
weekly payment to the City of $ 120.00 per week plus tax.
PASSED AND ADOPTED this th day of December, 1990.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
AGREEMENT BETWEEN THE CITY OF SOUTH
MIAMI AND HENRY SOLIS D /R /A THE
MAGG LEAGUE FOR THE NON - EXCLUSIVE
USE OF THE CITY'S J. E. MURRAY PARK
THIS AGREEMENT, entered, into this day of .November,
1990 between the CITY OF SOUTH MIAMI, a Florida municipal
corporation, hereinafter referred to as the "City's and HENRY
SOLIS d /b /a THE MAGG LEAGUE, hereinafter referred to as the
"League ";
W I T N E S S L T H:
WHEREAS the City s the fee simple owner of J.E. Murray
y !
Park at 6700 S. W. 58th Place, South Miami, Florida, said land
hereinafter referred to as the "Property ";
WHEREAS, the League is desirous of using a portion of the
I,
Property from the City on a regular basis for the sole purpose of
an athletic field to accommodate the League's baseball programs,
and
I
WHEREAS, the Mayor and the City Commission of the City of
South Miami at a public meeting of , 1990
authorized the use of the Property on the terms and conditions as
set forth below as being in the best interests of the public and
serving a valid public purpose.
NOW, THEREFORE, for and in exchange of the mutual covenants
i
hereinafter set forth, the parties hereto do now agree as
follows:
1. The City will allow the League to use the Baseball
Pleld of the Property during the period commencing October 1,
1990 through September 30, 1991.
During these periods, use of the Baseball Field shall be as
follows
Monday 8:00 P.M. 10.00 P.m,
Wednesday 8 :00 P.M. 10:00 P.M.
Thursday 8 :00 P.M. - 10 :00 p.m.
Friday 8:00 P.M. - 10:00 P.M.
twithstanding this above schedule, the city reserves the right
i
at any time to amend or cancel any hours or scheduled activity
upon twenty -four hours notice, with the League to receive a pro- -
rated adjustment orgy the weekly rental for any hours C=ancelled`.
2. in return for the use of the Property, the City shall
receive the sum of One Hundred Twenty Dollars ($ 120.00) per wee4
plus tax.
3. All payments and notices are to be made as follows.
to the City:
Director, Recreation Department
South Miami City Hall
6130 Sunset Drive
South Miami, Florida 33143
to the League:
Henry Solis
3581 S.W. 117 Ave
Miami., Florida 33175
4. League agrees that the sole purpose for which the
Property may be utilized will be for athletic activities for
I
League purposes. The League agrees that the rights And
obligations contained in this use agreement may in no way be
utilized by the League to interfere with other City recreational
programs.
5. No sheds or buildings or structures of any nature be
placed on the Property without the approval of City. Any
improvements to the Property, of whatever nature, including
fixtures, are to inure to the benefit of City and may not be
removed by League at the expiration of this Agreement Jr anY
renewal hereon.
6. Throughout the term of this Agreement the City's
responsibilities to the League shall be limited to only the
following specifically itemized matters:
(a) Installation of all bases, tie -- clowns, home plate
and pitching rubbers.
(b) Field watering, dragging, striping for games d3
nee ad, to be determined in the discretion of the City,
2
t
(c) Maintenance of irrigation equipment, dugouts,
Concession stand, bathrooms, and backstop /dugout fencing.
7. In no event shall the League charge a fee for parking to
_attend League activities on the Property. League agrees that
parking shall be aolely for League functions, as permitted y
City, and no designated parking shall be provided to any League
personnel, or other individual, business or entity whatsoever.
9. The League shall not assign or pledge this Agreement
nor sublet all or any portion of the Property.
9. All property or items placed or moved on the Property
shall be at the sole -risk of the League and the City shall not be
liable for any loss or damage to such property or items.
10. The League shall promptly execute and comply, at the
League's cost and expense, with all statutes, ordinances, rules,
ordetz, regulations and requirements of the federal, State and
City Government and of any and all their Departments and Bureaus
applicable to said Property for any purpose, including but not
limited to, health regulations; the corzection, prevention and
abatement of nuisances or other grievances; and fire prevention
regarding said Property during the term of this Agreement.
11. in the event the Property shall be destroyed or so
damaged or injured by fire or other casualty during the life of
this Agreement, whereby the same shall be rendered;untenantable,
this Agreement shall be terminated, and the amounts specified i..
paragraph 2 above shall be paid only to the date of such fire
casualty.
12. The prompt payment of the amounts in paragraph 2 above
for the Property upon the dates named and faithful observance o
all conditions of this Agreement and of such other and further
rules or regulations as may be hereafter made by the City are the
conditions upon which the Agreement 15 made and accepted. Any
failure on the part of the League to comply with the terms of
3
`V
said Agreement or any of said rules and regulations now in
existence, or which may be hereafter prescribed by the City,
shall, at the option of the City, work a forfeiture and zhal=
terminate this Agreement.
13. The League agrees to pay the cost of collection and
reasonable attorney's fees or any part of said amounts that may
be collected by suit. Additionally, any delinquent payments due
the City shall be assessed a ten (10 %) percent per annum interest
charge.
14. The League agrees to indemnify, defend, and hold
harmless the City from all claims, suits, actions, damages or
causes of action arising during the term of this Agreement,
including reasonable attorney's fees and costs for any personal
injury, including, but not limited to loss of life, or damage to
personal property sustained on the Property by the League or any
third party participating in any League activity. The League
shall maintain general liability insurance on the Property in
amounts of not less than Five Hundred Thousand Dollars ($500,0()0)
per occurrence, with the City named as an additional insured.
15. It is hereby understood and agreed that if any sign or
advertising is proposed to be used in connection with the
Property by the League, it shall be first submitted to the City
for approval before use of same.
16 Any violation of any of the terms or conditions of this
Agreement by either party shall cause the termination of this
Leaae upon ten (10) days notice to either party.
17. This Agreement may not be modified, except in writing
signed by both parties,
4
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
SOUTH MIAMI, FLORIDA, APPOINTING COMMISSIONER
BETTY BANKS AS AN ALTERNATE COMMISSION LIAISON
TO THE DADE LEAGUE OF CITIES.
WHEREAS, the City of South Miami is a member of the
Dade League of Cities; and
WHEREAS, the Commission desires to designate an
alternate liaison.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Commissioner Betty Banks is
appointed for a one -year term as an alternate liaison to
the Dade league of Cities:
PASSED AND ADOPTED this day of
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RESOLUTION NO., 148 -90 -9076
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY,
ADMINISTRATION TO ENTER A CONTRACT WITH THE "MAGG LEAGUE
FOR THE.NON- EXCLUSIVE USE OF THE CITY'S J E. MURRAY
PARK
WHEREAS, the Magg League has heretofore operated its
baseball program at the City's J. E. Murray Park, thus providing
recreation for the adults of this area and revenue to the City
for the use of the Park;
WHEREAS, the relationship has been favorable and the
Administration now requests authority to enter into another one
year,cont =act, a copy of which is attached hereto; and
WHEREAS, the Mayor and City Commission wish to authorize
the use of the Property on the terms and conditions as set forth
therein as being in the best interests of the public and serving
a ,valid public purpose;
NOW, THEREFORE, HE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF- THE _CITY-OP SOUTH MIAMI, FLORIDA:
Section 1. The Administration of the City of South Miami
be, and hereby is -, authorized to enter into the attached contract
with THE MAGG LEAGUE for the use of the Baseball Field at J.E.
Murray Park during the period commencing October If 1990 through
September 30 1991, upon a responsible basis, including the
weekly payment to the City of $ 120.00 per week plus tax.
PASSED AND ADOPTED this th day of December, 1990.
APPROVED:
MAYOR. ...... "_ . __._._.
ATTEST:
CITY
READ AND APPROVED AS TO FORMS
AGREEMENT BETWEEN THE CITY`OF' :SOUTH
MIAMI AND HENRY SOLIS D /B /A THE
MAGG LEAGUE FOR THE NON - EXCLUSIVE
USE OF THE CITY'S J. E. MURRAY PARK
THIS AGREEMENT', entered into this day of November,
1990 between the CITY' OF SOUTH Mx :AMI, a Florida municipal
corporation, hereinafter referred to as the "City" and HENRY
SOLIS d /b /a THE MAGG LEAGUE, hereinafter referred_ to as the.
"League ":
w I T N E S S E T H:
WHEREAS, the City is the fee simple owner of J.E. Murray_
Park at 6700 S. W. 58th Place, South Miami, Florida, said land
hereinafter referred to as the "Property"
WHEREAS, the League is desirous of using a portion of 'the
Property from the- City on a regular basis for: the sole purpose' of
an athletic field to accommodate the League's baseball programs;
and
WHEREAS, the Mayor and the City Commission of the City of
South Miami at a public meeting of , 1990
authorized the use of the Property on the terms and conditions as
set forth below as being in the best interests of the public and
serving a valid public purpose.
NOW, THEREFORE, for and in exchange of the mutual covenants
hereinafter set forth, the parties hereto do now agree as
follows:
1. The City will allow the League to use the Baseball
Field of the property during the period commencing October 1,
1990 through September 30, 1991.
During these periods, use of the Baseball Field shall be as
follows;
Monday 8 :00 P.M. - 10..00 P.M.
Wednesday 8:00 p.m - 10:00 p.m.
Thursday 8:00 p.m. 10:00 p.m,
Friday 8:00 p.m. 10 :00 p.m..
twithstanding this
above schedule, the city reserves the right
at any time to amend or cancel any hours or scheduled activity
upon twenty -four hours notice, with the League to receive a pro --
rated adjustment on the weekly rental for any hours cancelled.
2. , in return for the use of the Property, the City shall
receive the sum of one Hundred Twenty Dollars ($ °12,0.00) per week
plus tax.
3`. All payments and notices are to be made as follows
to the City:
Director, Recreation Department-
South Miami City,Hall
6130 Sunset Drive
South Miami, Florida 33143
to the League
Henry Solis
3581 S.W. 117 Ave
Miami, Florida 33175
4 League agrees that the sole purpose for which the
Property may be utilized will be for athletic activities for
League purposes. The League agrees that the rights and
obligations contained in this use agreement may in no way be
utilized by the League to interfere with other City recreational
programs:
S. No sheds or buildings or structures of any nature be
placed on the Property without the approval of City. Any
improvements to the Property, of whatever "nature, including
fixtures, are to inure to the benefit of City and may riot be
removed by League at the expiration of this Agreement or any
renewal hereof.
6. Throughout the term of this Agreement the -pity's
responsibilities to the League *hail be limited to only the
following specifically itemized inatters:
(a) Installation of all bases, tie - downs, home plate
and pitching rubbers.
(b) Field watering, dragging, striping for games ds-
nee !Jed, to be determined in the discretion of the City.
2 -
(c) Maintenance of irrigation equipment, dugouts,
concession stand, bathrooms, and backstop/dugout fencing.
7. In no event shall the League charge a fee for parking to
attend League activities on the Property. League agrees that
parking shall_ be solely for League functions, as permitted y
City, and no designated parking shall be provided to any League
personnel, or other individual, business or entity whatsoever.
8. The League shall not assign or pledge this Agreement
nor sublet all or any 'portion of the Property.
9. All property or items placed or moved on the Property,
shall be at the sole risk of the League and the city shall not be
liable for any loss or damage to such property or items.
10. The.League shall promptly execute and comply, at the
Leaguers cost and expense, with all statutes, ordinances, rules,
ordez5, regulations and requirements of the federal, state and
City Government and of any and all their Departments' and Bureaus
applicable to said Property for any purpose, including but not
limited to, health regulations; the correction, prevention and
abatement of nuisances or other grievances; and fire prevention:
regarding said Property during the term of this Agreement.
11.
In the
event
the Property shall
be destroyed or
so
damaged or
injured
by firs
or other casualty
during the life
of
this Agreement, whereby the same shall be rendered untenantable;
this Agreement sshall be terminated, and the amounts specified iL
paragraph 2 above shall be paid only to the date of such fire
casualty.
12. The prompt payment of the amounts in paragraph 2 above
for the Property upon the dates named and faithful observance o
all conditions of this Agreement and of such other and further
rules or regulations as may be hereafter made by the City are the
conditions upon which the Agreement is made and accepted. any
failure on the part of the League to comply with the terms of
said Agreement or any of
existence, or which may
shall, at the option of the
said rules and regulations now in
be hereafter prescribed by the City,
City, work a forfeiture and zha? i
terminate this Agreement.
13. The League- agrees to pay the cost of collection and
reasonable attorney's fees or any part of said amounts that may
be collected by suit. Additionally, any delinquent payments due
the City shall be assessed a ten (10 %) percent per annum 'interest
charge.
14. The League agrees to indemnify, defend, and hold
harmless the City from all claims, _suits, actions, damages cr
causes of action arising during the term of this Agreement,
including reasonable attorney's fees and costs for any personal
injury, including, but not limited to loss of life, or damage to
personal property sustained on the Property by the League or any
third panty participating in any League activity. The League
shall maintain general liability_ insurance on the Property in
amounts of not less than Five Hundred Thousand Dollars ($500,000)
per occurrence, with the City named as an additional insured
15. It is hereby understood and agreed that if any sign or
advertising Is proposed to be used in connection with the
Property by the League, it shall be first submitted to the City
for approval before use of same
16. Any violation of any of the terms or conditions of this
Agreement by either party shall cause the termination of this
Lease upon ten (10) days notice to either party.
17. This Agreement
signed by both parties.
may not be modified, except in writing
4
y
RESOLUTION NO
V `Vti`--'
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DESIGNATING SPECIFIC AREAS
OF THE CITY AS AREAS" PURSUANT TO
SECTION 0 -4. (D) (1) (.b) OF THE LAND DEVELOPMENT CODE
OF THE CITY OF SOUTH 'MIAMI, AND AUTHORIZING THE CITY
ADMINISTRATION TO PROCEED IN ACCORDANCE THEREWITH.
WHEREAS, Section 20- 4.7(A) of the Land Development vode as
adopted by the City of South Miami provides for the establish-
ment of minimum standards governing the condition, occupancy, and
maintenance of all dwelling units within the City; establishes
minimum standards governing utilities, facilities and other
physical components and conditions essential to make dwelling
units safe, sanitary, and fit for human habitation; fixes certain
responsibilities and duties of home owners, operators, agents,`
and occupants of these dwelling units; and provides for
condemnation and vacating of those dwelling units unfit for human
habitationj and
WHEREAS, section 20-4.7 (a) (1) provides that upon
recommendation of the City Manager, the City Commission m y
designate specific areas to be classified as " n
areas "; and
WHEREAS, the City Manager has recommended that the areas set
forth in the attached Exhibit "A" be designated as
�ek,,,L areas "j and
WHEREAS, the Mayor and City Commission wish to enable the
City Administration to proceed to enforce the minimum housing
standards as already enacted in the Land Development Code for
G t .
NOW, THEREFORE, BE IT 'RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
SSegtion 1, The area set forth in the attached Exhibit "A"
be, and hereby is, designated a oil, within the
meaning, purpose, and intent of Section 20 -4.7 of the Land
Development Code of the City of South Miami.
C=T f ATTORNLYf-
0FF(CIAL MAP
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI FLORIDA, ESTABLISHING
THE LAND DEVELOPMENT CODE REVIEW COMMITTEE; SETTING
FORTH TERM, QUORUM AND DUTIES.
WHEREAS, the City of South Miami adopted its Land
Development Code on October 26, 1989, to comply with the
City's Comprehensive Plan; and
WHEREAS, the Mayor and City Commission wish to establish
a Land Development Code Review Committee to review and make
recommendations regarding any changes they may feel necessary to
clarify, consolidate or otherwise beneficially affect the
Land Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. There is hereby created the South Miami
Land Development Code Review Committee. Said Committee shall
consist of seven (7) members: the Mayor, two members of the
Environmental Review & Preservation Board, two members of the
Planning Board, one resident and one merchant.
Section 2. The initial members of said Committee shall
be appointed with the advice and consent of the City Commission
and shall serve for a six (6) month period.
Section 3. The members shall elect a Chairperson and -Vice
Chairperson by a majority vote of the Committee.
Section 4. A quorum for meeting;of the Committee shall
be four (4) members of the Committee and all action shall require
a majority vote of those members in attendance.
PASSED AND ADOPTED this day of 1990.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
RESOLUTIUN NO
A RESOLUTION OF THE MAYOR AND CITY C0,14MISSION
OF THE CITY of SOUTH MIAMI, FLO&IDA, AUTHORIZING
THE PURCHASE OF ONE XEROX 5012 COPIER AND ONE #98309
CABINET /STAND FOR COPIER FU THE ,POLICE DEPARTMENT FOR
A TOTAL PRICE NOT TU EXCEED $1,991.00 AND PROVIDING FOR
DISBURSEMENT FROM ACCOUNT NUMBER 1910 - 6420 "'EQUIPMENT
OFFICE
WHEREAS, pursuant to the 1990 -91 Budget of the City of
South Miami, Florida, the Police Department of the City of South
Miami, Florida was authorized to purchase one Xerox 5012 Copier
and one #98309 cabinet /stand for copier; and
WHEREAS, the Administration of the City of South :Miami
has now obtained a cost of $1,991.00 from Xerox Corporation
pursuant to the following Dade County School Board bid
#BPAOIU539303
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order is hereby awarded to
Xerox Corporation in an amount not to exceed $1,991.00 for one
Xerox 5012 copier and one #98309 cabinet /stand for copier.
Section 2. That the disbursement be charged to account
number 1910 -6420 Equipment office
PASSED AND ADOPTED this day of
APPROVED:
MAYO R
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
2 CITY ATTORNEY
, 1990.
STANDS AND v K STATI S
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DEPART�F
_. P.O. NUM13ER
REQUISITION f'L.,
QUANTITY A.. f) 0,j^L,; Y w- ,c, VE0 Al
�Mr.e.EC.
i-4-wwaws Mead
sl�'E
CIPY of Soum Miami No. 30693
6130 Sunset Drive. South Miami. Florida 33143
REQUISITION
VENDOR, Yorme rnrpnrat inn
800 Douglas Entrance, 8th Floor
Coral Gablest Florida 33134
Att • Tnm T.Ann L d
CONFIRMATION
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HUD OF DEPARTMENT
FINANCE DEPARTMENT
CITY MANAGER
001,130-4 REV, 6-2—OZ
11� 7119 i
r
V
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY OMMISSION OF TH
CITY OF SOUTH MIAMI, FLORIDA. D ERMINING THAT THE
SOUTH MIAMI DISTRICT CHAMBER OF OMMERCE HAS VIOLATED
THE DEED RESTRICTIONS FOR A PORTION OF THE LAND
COMMONLY KNOWN AS FUCHS PA AND LEGALLY DESCRIBED
HEREINBELOW: AUTHORIZING THE ITY ATTORNEY TO TAKE SUCH
LEGAL STEPS AS ARE NECESSAR TO ACCOMPLISH A RE- VESTING
OF THE LAND IN THE CITY'OF'SOUTH MIAMI: PROVIDING FOR A
FEE; PROVIDING FOR EVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLIC AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on September 19, 1956 by Deed recorded in Official
Records Book 4335 at Page 426 of the Public Records of Dade
County, Florida, the City of South Miami deeded a portion of the
land commonly known as the Fuchs Park and legally described as
follows:
The West 150 ft. of the East 210 ft. of the
North 185 of the Northwest quarter of the
Southwest Quarter, less the North 35 ft.
thereof in, Section 36, Township 54 South,
Range 40 East, all lying and being in Dade-
Countv. Florida
to the South Miami District Chamber of Commerce, a non - profit
corporation, and,
WHEREAS, the said Deed provided that the conveyance was
"conditioned on the use of said property by the South Miami
District Chamber of Commerce to be for that purpose and that
purpose only perpetually and at any time said use is converted to
one other than in a nature of Chamber of Commerce activities
This deed shall then become null and void ", and,
WHEREAS, the South Miami District Chamber of Commerce has
,eased to exist and by virtue of its mercer into the
Greater South Dade /South Miami Chamber of Commerce.
WHEREAS, therefore, the South Miami District Chamber of
Commerce can no longer use the use for one in the nature of
Chamber of Commerce activities.
VOW. THEREFORE, 3E IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI. FLORIDA:
Section
The City of South Miami Florida finds and
�Ietermines that the South Miami District Chamber of Commerce has
violated the terms of the aforesaid Deed by ceasing to exist by
virtue of its meroer into the Chamber of Commerce and
=urther, that the use is no ioncer one in the nature of a Chamber
-)f
Commerce activity by the South Miami District Chamber of
_ommerce.
Section ? That the City Attorney of the City of South
Miami be, and hereby is,. therefore authorized to take all steps
required to accomplish a re- vesting of title in the aforesaid
real property to the City, including civil lawsuit.
Section 3. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
Court of competent jurisdiction, then said holding shall in no
tray affect the validity of the remainina oortions of this
Ordinance.
Section 4. All Ordinances or oarts of Ordinances in
conflict herewith be, and the same hereby are, repealed.
Section This Ordinance shall take effect immediately at
the time of its oassaae.
PASSED AND ADOPTED this th day of , 1990.
APPROVED:
MAYOR
.I T,i CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
. City of South Miami
INTER— OFFICE MEMORANDUM
TO: Neil Carver, Vice -Mayor DATE: October 25, 1990..
FROM!
Martin David Berg, SUBJECT: Deed Restrictions
City Attorney - South Miami Chamber of Cmmmerce
At the meeting of October 2,. 1990, you raised several questions
regarding the Resolution dealing with the land the City granted
to the South Miami Chamber, of Commerce. The Deed by which the
land was transferred contains an interesting clause:
This conveyance is conditioned on the use of said
property by the South Miami District Chamber of
Commerce to be for that purpose only peroetually and
that at any time said use is converted to one other
than in the nature of Chamber of Commerce activities
this Deed shall then become null and void.
Legally, actions relating to conditions divide into two cate-
aories: (1) restrictive covenants, in which case the remedy is a
suit for an injunction (an Order requiring and /or prohibiting
certain conduct) in this case prohibiting activities other than
those permitted, or (2) a covenant with a right of reverter, in
which case the land reverts to the former owner (in this case,
the City of South Miami) upon breach of the covenant.
The problem with the language in this Deed is that there is no
explicit language creating a right of reverter, rather the
ianauage is that the Deed becomes "void ". It is my opinion that
a Deed does not become void; it is either void from the start
because it had a defect, or it contains a covenant, with or
without a right of reverter. I cannot predict whether the Court
would construe this language as containing a right of reverter.
I believe it is more probable the language would be construed as
a restrictive covenant.
Attached to this page are quotations from a Florida legal
encvciopedia which set forth precisely how the language in
covenants is construed. I have inserted one specific example.
I have also quoted the elements of an action for injunction. An
action for injunction does not require proof of damages, but
simDiv that there has been a breach.
The Question then is.,whether the merger of the South Miami
Chamber of C- ommerce created a breach of the condition requiri.r►g
use in the nature of Chamber of Commerce activities. I
understand the merger was with another Chamber of Commerce.
Therefore, applying the rules of construction attached hereto, I
do not believe a breach of the Covenant can be legally proven.
cc: Mayor. Commissioners
Deed Restrictions - South Miami Chamber of Commerce
oaae two
"Covenants are strictly construed in favor of the free and
unrestricted use of real property, but effect will be given to
the manifest intention of the parties as shown by the language of
the entire instrument in which the covenant appears, when
considered in connection with the circumstances surrounding the
transaction, and not to the opinion of witnesses as to whether a
different use of premises conveyed would be helpful or
detrimental. Due regard, must be had for the purpose contemplated
by the parties to the covenant, and words must be given their
ordinary, obvious meaning as commonly understood at the time the
instrument containing the 'covenants was executed, unless they
have acquired a peculiar meaning in the particular relation in
which they appear, in respect to the particular subject matter
involved, or unless it clearly appears from the context that the
parties intended to use them in a different sense.' Thus, the
expressed intent of the oa'rties is the controlling factor,
unexpressed intent is not available, and substantial ambiguity or
doubt is resolved aaains,t the person claiming the right to
enforce the covenant.
in the interpretation of restrictive covenants, the courts
should be oractical and sensible rather than fastidious. (A 1971
case therefore held a wrouctht iron fence was not 'a violation of a
restriction requiring fences to be of "cyclone type chain -link
only "1 Where a use restriction in a deed evidences a basic
intention to exclude certain uses, an exception thereto contained
in such restriction must be strictly confined.'" 7 Fla. Jur 2d,
Building, Zoning, and Land Controls s35.
The violation of a restrictive covenant creating a negative
easement may be restrained at the suit of one for whose benefit
the restriction was established, irrespective of whether an
action at law is maintainable; the action of court of equity in
such cases is not limited by rules of legal liability. . .
Where an injunction is sought to prevent the violation of a
restrictive covenant, appropriate allegations showing the
violation, or quasi violation, of the covenant are sufficient,
and it is not necessary to alleae that the violation of the
covenant amounts to an irrebarable injurv_or constitutes a
nuisance to the complainant. In other words. the right to
enforce a restrictive covenant does not depend upon whether the
covenantee will be damaged by the breach; the mere breach is
sufficient ground for interference by injunction." Ibid. s48.
' • ,
IfJ
THISIDEED, evade. this day of_4Afy�a, A.D. 1§55 .X
`ry
by CITY. OF SOUTH,- HIAr12 �r .corporation, Party of the f is
First Part, and SOUTH MIAMI DISTRICT CHNIMER'Or a nr,c- *0-"
t profit corporation, whose mailing address_ is'5920,5 ®utri Dixie •�
highway, South Miami, Florida, Party of the Second:,,Part: �.
W I T N E S a E _T it ;
That the Party of the First F,at•�, i�(►�� An in rc :'
�
Lion of the sum of One Dollar ($l) to t iri 'hund
paJsi by the
-,
�! Farty of.• tha. 5eacond Part, the receipt Whereof: is herebv acknuw �a
ledged, has--granted,. bargained and ;." sold to "the ?arty ci the x
Secand;Part, and its. successors'. forever, che'fol,ox�i ^.r, c?escribed,.:. ^�
;:.
land .Eying and bQinb!' in Dade County, Florida, to-wit, +�
Th kI e t 150 f f eP t' f ` fie!' E'.. ^ 10 F ;
-
y ` North 185 feet_of the NWT- of the W ',tAes "y
r' the North 35 feet thereof in Secri.cn'.3
`township 54 South,' Range ,�+Q .Ease., all beinr,
anti lyingg! in Dade County, Florid".
This conveyance is conditioned on •' of
said propertVby the South- Miamt D str cc
9,M& for tturt
u . ..,and for chat purpos only perpetuallyyaaxid : that
-at any time,said use is converted to pne other
than. in the nature, of Chamber of Cocoerce
' activities this deed shall then be -null
and void.
Subject, ,further, to those: condi.tions of r2corti
t•�5 t
,Y.
as reflected in that certain deed from Dc.de
County, Florida, to the City of South Miami
covering the N•� of the NE;; of the 1':W',; c) r_he
SW'+ of Section 36, To%,mship 54 Suurh, Range
40 East, said deed hewing been execsretl a:t
the 5th clay of April 1956, and recnrdec°• in
Deed hook 4259 at Page 175 of the Public Records
of Dade County, Florida.
It is, further, understood and apreed, and this
grant is subject to, approval nf tite City Counl_il
of the City of South Miami on any and ail pru-
,posed improvements to be placed on the property
heroinabove- described prior to arty improvements
being ms(ie thereon.
Grantor specifically reserved the right to re-
occupy and cause a revesCing or title in said
proparty snould tae Grantee ever ac any title
become deiinyuent on the payment o€ any niorcga`c '
or mortgages placeu on said lands; it being
understood chat the Grantor by invoicing t:. ;s
)rov is ion wi t 1 theret> iSr:¢tme ti,t: ,,,lvn:_n t
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�Qatlt! ,M^426
-
y ` North 185 feet_of the NWT- of the W ',tAes "y
r' the North 35 feet thereof in Secri.cn'.3
`township 54 South,' Range ,�+Q .Ease., all beinr,
anti lyingg! in Dade County, Florid".
This conveyance is conditioned on •' of
said propertVby the South- Miamt D str cc
9,M& for tturt
u . ..,and for chat purpos only perpetuallyyaaxid : that
-at any time,said use is converted to pne other
than. in the nature, of Chamber of Cocoerce
' activities this deed shall then be -null
and void.
Subject, ,further, to those: condi.tions of r2corti
t•�5 t
,Y.
as reflected in that certain deed from Dc.de
County, Florida, to the City of South Miami
covering the N•� of the NE;; of the 1':W',; c) r_he
SW'+ of Section 36, To%,mship 54 Suurh, Range
40 East, said deed hewing been execsretl a:t
the 5th clay of April 1956, and recnrdec°• in
Deed hook 4259 at Page 175 of the Public Records
of Dade County, Florida.
It is, further, understood and apreed, and this
grant is subject to, approval nf tite City Counl_il
of the City of South Miami on any and ail pru-
,posed improvements to be placed on the property
heroinabove- described prior to arty improvements
being ms(ie thereon.
Grantor specifically reserved the right to re-
occupy and cause a revesCing or title in said
proparty snould tae Grantee ever ac any title
become deiinyuent on the payment o€ any niorcga`c '
or mortgages placeu on said lands; it being
understood chat the Grantor by invoicing t:. ;s
)rov is ion wi t 1 theret> iSr:¢tme ti,t: ,,,lvn:_n t
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as reflected in that certain deed from Dc.de
County, Florida, to the City of South Miami
covering the N•� of the NE;; of the 1':W',; c) r_he
SW'+ of Section 36, To%,mship 54 Suurh, Range
40 East, said deed hewing been execsretl a:t
the 5th clay of April 1956, and recnrdec°• in
Deed hook 4259 at Page 175 of the Public Records
of Dade County, Florida.
It is, further, understood and apreed, and this
grant is subject to, approval nf tite City Counl_il
of the City of South Miami on any and ail pru-
,posed improvements to be placed on the property
heroinabove- described prior to arty improvements
being ms(ie thereon.
Grantor specifically reserved the right to re-
occupy and cause a revesCing or title in said
proparty snould tae Grantee ever ac any title
become deiinyuent on the payment o€ any niorcga`c '
or mortgages placeu on said lands; it being
understood chat the Grantor by invoicing t:. ;s
)rov is ion wi t 1 theret> iSr:¢tme ti,t: ,,,lvn:_n t
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,y.i�IL.tlr 4atLr�r�i.IU ..�.iWtt (t 1. V.. 'i1�W.�iM+rr.•+
as reflected in that certain deed from Dc.de
County, Florida, to the City of South Miami
covering the N•� of the NE;; of the 1':W',; c) r_he
SW'+ of Section 36, To%,mship 54 Suurh, Range
40 East, said deed hewing been execsretl a:t
the 5th clay of April 1956, and recnrdec°• in
Deed hook 4259 at Page 175 of the Public Records
of Dade County, Florida.
It is, further, understood and apreed, and this
grant is subject to, approval nf tite City Counl_il
of the City of South Miami on any and ail pru-
,posed improvements to be placed on the property
heroinabove- described prior to arty improvements
being ms(ie thereon.
Grantor specifically reserved the right to re-
occupy and cause a revesCing or title in said
proparty snould tae Grantee ever ac any title
become deiinyuent on the payment o€ any niorcga`c '
or mortgages placeu on said lands; it being
understood chat the Grantor by invoicing t:. ;s
)rov is ion wi t 1 theret> iSr:¢tme ti,t: ,,,lvn:_n t
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7530 S VN 59 PLACE
SOUTH MIAM FLORIDA 33143
(3051 56i -2277
November 6. 1990
Mayor and Commission: City of South Miami
I have been a member of the South Miami Chamber of Commerce for 38
years. I have been either an officer or a member of the Board for 36 years.
I was a Board member in 1956 when the land was deeded to the Chamber by
the City of South Miami. The land was granted to "the South Miami Chamber of
Commerce for that purpose and that purpose only to be used perpetually The
land was given so there would be a Chamber of Commerce representing and working
for the incorporated area and the people of this district.
The City has supported the Chamber activities and the building was built
by the combined effort of the members and people of South Miami.
Therefore it is my opinion that the name of the Chamber of Commerce must
remain South Miami or the land revert to the City of South Miami as the grantors
of the deed.
Sincerely,
Helen Miller Margolin
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH_ MIAMI, FLORIDA, DETERMINING THAT THE
SOUTH MIAMI DISTRICT CHAMBER OF COMMERCE HAS VIOLATED
THE DEED RESTRICTIONS FOR A PORTION OF THE LAND'
COMMONLY KNOWN AS FUCHS PARK AND LEGALLY DESCRIBED
HEREINBELOW; AUTHORIZING THE CITY ATTORNEY TO ,TAKE SUCH
LEGAL STEPS AS ARE NECESSARY TO ACCOMPLISH A RE-VESTING.
OF THE LAND IN THE CITY OF SOUTH MIAMI.
WHEREAS, on ,September 19, 1956 by Deed recorded in Official
Records Book 4335 at Page 426 of the Public Records of Dade
County, Florida, the City of South Miami deeded a portion of the
land commonly known as the Fuchs Park and legally described as
follows:
The West 150 ft. of
North 185 of the
Southwest quarter,
thereof in, Secti
Range 40 East, all
County, Florida
the East 210 ft. of the
Northwest quarter of the
less the North 35 ft
on 36, Township 54 South,
lying and being, in Dade
to the South Miami District Chamber of Commerce, a non - profit
corporation, and,
WHEREAS, the said Deed provided that the conveyance was
"conditioned on the use of said property by the South Miami
District Chamber of Commerce to be for that purpose and that
purpose only perpetually and at any time said use is converted to
one other than in a nature of Chamber of Commerce activities
this deed shall then become null and void ", and,
WHEREAS, the South Miami District Chamber of Commerce has
ceased to exist and by virtue of its merger into the Greater
South Dade /South Miami Chamber of Commerce and,
WHEREAS, therefore, the South Miami District Chamber of
Commerce can no longer use the use for one in the nature of
Chamber of Commerce activities,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City of South Miami Florida finds and
determines that the South Miami District Chamber of Commence has
violated the terms of the aforesaid Deed by ceasing to exist by
virtue of its merger into the Greater South Dade /South Miami
Chamber of Commerce and further, that the use is no longer one in
the nature of a Chamber of Commerce activity by the South Miami
District Chamber of Commerce
Section 2. That the City Attorney of the City of South
Miami be, and hereby is, therefore authorized to ,take all steps
required to accomplish a re- vesting of title in the aforesaid
real property to the City, including civil lawsuit.
PASSED AND ADOPTED this th day of December, 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
4
virtue of its merger into the Greater South Dade /South Miami
Chamber of Commerce and further, that the use is no longer one in
the nature of a Chamber of Commerce activity by the South Miami
District Chamber of Commerce
Section 2. That the City Attorney of the City of South
Miami be, and hereby is, therefore authorized to ,take all steps
required to accomplish a re- vesting of title in the aforesaid
real property to the City, including civil lawsuit.
PASSED AND ADOPTED this th day of December, 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 12 -5, OF
THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI TO
PROVIDE E DEFINITION OF OVERGROWN LOTS,
AMENDING SECTION 12 -6 TO PROVIDE FOR NOTICE IN
ACCORDANCE 'WITH CHAPTER 152, FLORIDA STATUTES; AMENDING
SECTION 12 -1 TO PROVIDE FOR HEARING BEFORE THE CODE
ENFORCEMENT BOARD IN - ACCORDANCE WITH CHAPTER 162,
FLORIDA STA'T'UTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE
r)
WHEREAS, the Coda of Ordinances of the City of South Miami,
Florida presently contains provisions prohibiting overgrown lots
and the enforcement of those provisions in sections 12 -5 through
12 -8; which sections were first enacted in 1950, and
WHEREAS, in 1980, the State of Florida enacted Chapter.
of the Florida Statutes "The Local Government Code Enforcement
Boards Act"
providing
inter al.�ia
for
organization, enforcement
procedure,
conduct
of hearing,
and
notices of municipal Code
Enforcement Boards, and
WHEREAS, the Mayor and City Commission wish to adopt the
provisions of Chapter /6 'Z°' to govern the enforcement of these
sections of the Code and to provide an objective standard as to
the determination of overgrown lots and .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. Section 12--5 of the Code of Ordinances of the
City of South Miami, Florida, be, and hereby is, amended to read:
Sec. 12 -5. Overgrown Lots Defined and Prohibited.
It shall be unlawful for any owner or owners of any
lot, parcel or�tract of land within the City to permit
grass, or undergrowth to grow thereon to a
height of twelve (12) inches or more from the ground;
or to permit rubbish, trash, debris, dead trees or
other unsightly or unsanitary matter to remain thereon;
or to permit the existence of depressions or
excavations or any other condition on such premises
Section 2. Section 12 -6 of the Code of Ordinances of the
City of South Miami, Florida, be, and hereby is, amended to read:
Sec. 12 -6. Enforcement Procedure and Notice.
The enforcement procedure for the aforesaid section,
including notice of violation, shall be in accordance
with that set forth in Chapter 162 Florida Statutes.
Section 3. Section 12 -7 of the Code of Ordinances of the
City of South Miami, Florida, be, and hereby is, amended to read:
Sec. 12 -7. Conduct of Hearinq
Hearings for vie.lations of Section 12 -5 shall, be in
accordance with that set forth in Chapter 162 , Florida
Statutes.
Section 9. If any section, clause, sentence, or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
tray affect the validity of the remaining portions of this
Ordinance.
Section 5. All Ordinances or parts of Ordinances in
conflict herewith be, and the same hereby are, repealed.
Section 6. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this: th day of , 1990.
APPROVED;
MAYOR
ATTEST;
CITY CLERK
READ AND APPROVED AS TO FORM:
4
P-'
Chapter 12
HEALTH AND SANITATION*
Art. L In General, §§ 12 -1- 12.20
Art. I1. Rodent Control, §§ 12- 21- -12 -30
Article I. In General
Sec. 12 -1. State Sanitary Code — Adopted by reference.
The rules and regulations promulgated by the Florida State
Board of Health, known as tle "Sanitary Code of the State
of Florida, as same may be amended from time to time,
three copies of which are on file in the office of the city clerk,
is hereby adopted as the Sanitary Code of the City of South
Miami.
State law reference—State law authorizing municipalities to adopt
published codes by reference, § 165.191, Florida Statutes.
Sec. ?2.2. Same.—Penalty.
Any person within the corporate limits of the city who shall
violate the , provisions of the State Sanitary Code shall be
punished upon conviction as provided in section 1 -8 of this
Code.
Sec. 12 -3. Lot clearing- -Short title.
Sections 12 -3 through 12 -8.1 shall be known as the "South
Miami Lot Clearing Ordinance ", and shall be applicable in the
City of South Miami, Florida. ( Ord. No. 235, § 1, 7 -3 -51; Ord.
No. 713, § 1, 4 -6 -71)
Amendment note -Ord. No. 713, § -1, amended §§ 12- 3- 12 -8.1 to read
as set out. Formerly said sections pertained to weeds and standing
water on premises.
Sec. 124. Same— Declaration of legislative intent.
The city council finds and determines that the continuous
growth and urban development of the city require the reason-
able and effective control and regulation of excessive growth
'State law reference --- General provisions of the state lacy n• to )icalth,
Ch. 381. Florida Statutes.
Supp. No. 26
155
1124 SOUTH MIAMI CODE § 12 -6
and accumulation of weeds, undergrowth and other plant life
to the extent and in such manner as to cause infestation by
rodents and other wild animals, the breeding of mosquitoes
and vermin, or to threaten or endanger the public health, or
adversely affect and impair the economic welfare of adjacent
property. ( Ord. No. 235, § 2, 7 -3-51; Ord. No. 713, § 1, 4 -6 -71)
Note —See amendment note following 4 12-3.
Sec. 12 -5. Same -- Public nuisances prohibited.
The existence of excessive accumulation or untended growth
of weeds, undergrowth or other dead or living plant Iife upon
any lot, tract or parcel of land, improved or unimproved, with -
in one hundred (100) feet of any improved property within
the city to the extent and in the manner that such lot, tract
or parcel of land is or may reasonably become infested or in-
habited by rodents,' vermin or wild animals, or may furnish' a
breeding place for mosquitoes, or threatens or endangers the
public health, safety or welfare, or may reasonably cause
disease, or adversely affects and impairs the economic wel-
fare of adjacent property, is hereby prohibited and declared to
be a public nuisance. (Ord.I No. 235, .$ 2, 7 -3-51; Ord. No. 713,
1, 4 -6-71)
Note --See amendment note ` following § 12-3.
Sec. 12 -6. Same- Notice of prohibited conditions.
If the city manager finds and determines that a public
nuisance as described and declared in section 12-5 hereof
exists, he shall so notify the record owner of the offending
property in writing and ±demand that such owner cause the
condition to beTemedied. The notice shall be given by certified
or registered mail, addressed to the owner or owners of the
property described, as their names and addresses are shown
upon the record of the � county tax assessor, and shall be
deemed complete and sufficient when so addressed and deposit.
ed in the United States .mail with proper postage prepaid. In
the event that such notice 'is returned by 'postal authorities
the manager shall cause a copy of the notice to be served by a
law enforcement officer upon the occupant of the property or
upon any agent of the owner thereof.' In the event that per.
Supp. No. 28
156
A
1124 BZALTB AND SANMATIOtt
Donal "Mee, upon the occupant of the property or upon mW
agent of the owner thereon cannot be performed after reason
able search by a law enforcement officer the notice &W be
acromplisbed by physical posting on the said property. The
notice shall be in substantially ' the following form:
"NOTICE OF PUBLIC NUISANCZ
Name of owner
Address of owner
Our records Indicate that you are the owner(&) of the fol-
lowing property in South Miami, Flotida:
(describe Dropert )
An inspection of this property discloses, and I have found
and determined, thpt a public nuisance exists thereon so as
to constitute a violation of the South Miami Lot Clearing
Ordinance in that:
(descrlbe, bere the condition which
pis= the property in violation)
(the following paragraph shall be used
only if the city intends to remedy this condition
and impose •lien on the property)
You are hereby notified that unless thS condition above
described is remedied so as to make it nonviolative of the
South Miami Lot Clearing Ordinance within fifteen (15)
days from the Ante hereof, South Miami will proceed to
remedy this condition and ` the cost of the Work, including
advertising costa and other expenses, will be imposed as a
Hen on the property f not otherwise paid within thirty
(80) days after receipt ,of billing.
(the following paragraph shall be used
only if the city intends to issue a summons
for viola: tion of the Code of the City
of South Miami, section 15 -51 and section 12.5)
You are hereby notified that if the violation is not
remedied within Fifteen (15) days from the date hereof, It
shall be deemed "a violation of the Code of the City of
South Miami, section 15 -51 and section 12.8, and the
Supp. No. is lb?
i
124 80VTH MIAMI CODS Iii
offender shall be liable for punishment as specified in the
Code of the City of South Miami, section 1-d.
_ CITY OF SOUTH MIAMI, FLORIDA
By• ..... .... ........
City Manager"
(Ord. No. 235, 2, 7.3.5.1; Ord. No. 713, ; 1.4 -6 -71; Ord. No.
923, 11. 2.1S -77, Ord. Noe 998, 11. 6 -6.78)
Not* --See editor's note fonow ae 112-i.
See. 12.7. Same - Hearing.
Within fifteen (15) days after the mailing of notice to him,
the owner of the property may make written request to the
city council for a hearing before that body to show that the
condition alleged in the notice does not exist or that such con
dition does not constitute 'a public nuisance. At the hearing
the city and the property owner may introduce such evidence
as is deemed necessary. (Ord. No. 235, 2, 7 -3-51; Ord. No.
713.1 1.4- 6-71)
Note -See editor's note toDowing I ltd, d'
Sec. 12.8. Same -- Condition may be remedied by city. (
If, alter following the procedure in section 12.6, the condition
has not been remedied, the city manager may cause'the condition
to be remedied by the city at the expense of the property owner..
After causing the condition to be remedied, the city manager
shall certify to the director of finance the expense incurred is
remedying the condition and such expense shall include an ad•
ministrative charge of fifty dollars (i50.00). The rmwce director
shall notify the property owner of amount due for remedying
the condition. Such expense shall become payable within thirty
(30) days alter which a special assessment lien and charge will be
made upon the property which shall be payable with interest at
the rate of eighteen (18) per cent per annum from the date of
remedying the condition together with collection costs and rea-
sonable attorney fees.
Such lien shall be enforceable in the same manner as a tax
lien in favor of the 'city and may be satisfied at any time by
Sapp. No. 42 i
158 '
t
e
1!� NSALIN AND SANITATION 1124
payment thereof Including accrued interest. Upon such pay
meat the city shall, by appropriate means, evidence the satin.
faction and cancellation of such lien upon the record thereof.
Notice of such lien may be filed in the office of the clerk
of the circuit court and recorded among the public records of
Dade County, Florida. (Ord. No. 236,12,7-3-51; Ord. No. 713,
12,4401; Ord. No. 923,12,2.15.77; Ord. No. 1227A 1,3-19-M)
Not"ee editor's note following 112-3.
See. 12 -8.1. Records.
The city shall keep complete.records relating to the amount
payable for liens above described. (Ord. No 235, 12. 7441;
Ord. 'No. 348, f 1 b-16 -b6 Ord. No. 713, 1 1, 4 -6-71)
Moto --See editor's note fobovWg I I"
Sec. 12 -9. Mosquito regulations - -County health officer given
concurrent authority w•itb city to enforce same.
In case the person responsible for the condition of premises.
in the city on which -mosquitos breed or are likely to breed
fails or refuses to take necessary measures to prevent their
breeding within twenty-four hours after notice in writing has
been given him by the Dade County Health Department, or
within such longer time after such notice as may to specified
In the notice, the person responsible shall be deemed guilty of
a ,violation of this section and for each day after the expire.
tion of twenty -four )sours from the hour on which such notice
Isi given htas, or for each day after the expiration of the time
specified in the notice, as the can may be,, that the person
responsible fails or refuses to take such measures, the person
responsible shalt be deemed guilty of a separate violation of
this section and in each such failure or refusal of the person
responsible, the health officer is authorized to take the nee.
essary steps to prOent the breeding of ' mosquitoes, and _
all necessary costs, incurred by the health officer for that
Supp. No. e2 158.1
COUNTY OR MUNICIPAL CODE ENFORCEMENT
CHAPTER 162
COUNTY OR MUNICIPAL CODE ENFORCEMENT
PART I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (ss. 162.01- 162.13)
PART II SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE
ENFORCEMENT PROCEDURES (s. 162.21)
PART
LOCAL GOVERNMENT CODE
ENFORCEMENT BOARDS
162.01 Short title.
162.02 Intent.
162.03 Applicability.
162.04 Definitions.
162.05 Local government code enforcement boards;
organization.
162.06 Enforcement procedure.
162.07 Conduct of hearing.
162.08 Powers of enforcement boards.
162.09 Administrative fines; liens.
162,10 Duration of lien.
162.11 Appeals.
162.12 Notices.
162.13 Provisions of act supplemental.
162.01 Short title. - Sections 162.01- 162.13 maybe
�Ited as the "Local Government Code Enforcement
Boards Act."
kNMory. -s. 1, ch. 80 -300: s. 72. ch. 61 -259: s. 1, ch. 82 -37.
e!Aft -- Former s. 166.051.
162.02 Intent. -It is the intent of this part to pro -
Pte, protect, and improve the health, safety, and wel-
re of the citizens of the counties and municipalities of
Is state by authorizing the creation of administrative
6rds with authority to impose administrative fines and
Per noncriminal penalties to provide an equitable, ex-
�ditious, effective, and inexpensive method of enforc-
0.any codes and ordinances in force in counties and
phicipalities, where a pending or repeated violation
infinues to exist.
IMmq. -s. 1, ch. 80 -300; s. 2, ch. 82 -37: s. 1, ch. 85 -150; s. 1, ch. 86 -201: s.
O W288.
MOM. - Former s. 166.052.
03 Applicability. -
Each county or municipality may, at its option,
or abolish by ordinance local government code
ement boards as provided herein.
A charter county, a noncharter county, or a mu-
ity may, by ordinance, adopt an alternate code
ement system which gives code enforcement
I or special masters designated by the local gov-
body, or both, the authority to hold hearings and
I fines against violators of the respective county
lidpal codes and ordinances.
1-". 1. 2. Ch. 80 -300;; S. 3, ch. 82 -37: s. 2. ch, 86 -201; s. 1. ch. 87 -129:
1111-2m.
'Former s. 166.053:
-5-FF17 1 ,F119111r r",
Ch. 162
162.04 Definitions. -As used in ss. 162.01- 162.13,
the term;
(1) "Local governing body' means the governing
body of the county or municipality, however designated.
(2) "Code inspector" means any authorized agent or
employee of the county or municipality whose duty it is
to assure code compliance.
(3) "Local governing body attorney" means the legal
counselor for the county or municipality.
(4)_ "Enforcement board" means a local government
code enforcement board.
(5) "Repeat violation" means a violation of a provision
of a code or ordinance by a person whom the code en-
forcement board has ;previously found to have violated
the same provision within 5 years prior to the violation.
History. -s. 1, ch. 80 -300; s. 4, ch. 82 -37; s. 10, ch. 83-216; s. 3, ch. 86 -201; s.
3, ch. 89 -268.
Note.- Former s. 166.054.
162.05 Local government code enforcement
boards; organization.-
(1) The local governing body may appoint one or
more code enforcement boards and legal counsel for
the enforcement boards. The local governing body of a
county or a municipality that has 'a population of less
than 5,000 persons may appoint five - member or seven -
member code enforcement boards. The local governing
body of a county or a municipality that has a population
equal to or greater than 5,000 persons must appoint sev-
en- member code enforcement boards. The local gov-
erning body may appoint up to two alternate members
for each code enforcement board to serve on the board
in the absence of board members.
(2) Members of the enforcement boards shall be res-
idents of the municipality; in the case of municipal en-
forcement boards, or residents of the county, in the case
of county enforcement boards. Appointments shah be
made in accordance with applicable law and ordinances
on the basis of experience or interest in the subject mat-
ter jurisdiction of the respective code enforcement
board. The membership of each enforcement board
shall, whenever possible, include an architect, a busi-
nessman, an engineer, a general contractor, a subcon-
tractor, and a realtor.
(3)(a) The initial appointments to a seven - member
code enforcement board shall be as follows:
1. Two members appointed for a term of 1 year
each.
2. Three members appointed for a term of 2 years
each.
3. Two members appointed for a terns' of 3 years
each.
(b) The initial appointments to a five - member code
enforcement board shall be as follows:
929
a
. 162
OR MUNICIPAL CODE ENFORCEMENT
1. One member appointed for a term of 1 year.
2. Two members appointed for a term of 2 years
each.
3. Two members appointed for a term of 3 years
each.
Thereafter, any appointment shall be made for a term of
3 years.
(c) The local governing body of a county or a munici-
pality that has a population of less than 5,000 persons
may reduce a seven- member code enforcement board
to five members upon the simultaneous expiration of the
terms of office of two members of the board.
(d) A member may be reappointed upon approval of
the local governing body.
(e) An appointment to fill any vacancy on an enforce-
ment board shall be for the remainder of the unexpired
term of office, if any member fails to attend two of three
successive meetings without cause and without prior
approval of the chairman, the enforcement board shall
declare the member's office vacant, and the local gov-
erning body shall promptly fill such vacancy.
(f) The members shall serve in accordance with or-
dinances of the: local governing body and may be sus-
pended and removed for cause as provided in such ordi-
nances for removal of members of boards.
(4) The members of an enforcement board shall
elect a chairman, who shall be a voting member, from
among the members' of the board. The presence of four
or more members shall constitute a quorum of any sev-
en- member enforcement board, and the presence of
three or more members shall constitute a quorum of any
five- member enforcement board. Members shall serve
without compensation, but may be reimbursed for such
travel, mileage, and per diem expenses as may be
authorized by the local governing body or as are other-
wise provided by law.
(5) The local governing body attorney shall either be
counsel to an enforcement board or shall represent the
municipality or county by presenting cases before the
enforcement board, but in no case shall the local govern-
ing body attorney serve in both capacities.
History. -s. 1. ch. 80 -300: s 5. ch. 82-37: s. 4. ch. 86 -201: s. 2. ch. 87 -129: s.
4. ch. 89 -268.
Note. — Former s. 166.055.
162.06 Enforcement procedure. —
(1) It shall be the duty of the code inspector to ini-
tiate enforcement proceedings of the various codes;
however, no member of a board shall have the power to
initiate such enforcement proceedings.
(2) Except as provided' in subsections (3) and (4), if
a violation of the codes is found, the code inspector shall
notify the violator and give him a reasonable time to cor-
rect the violation. Should the violation continue beyond
the time specified for correction, the code inspector
shall notify an enforcement' board and request ,a hearing.
The code enforcement board, through its clerical staff,
shall schedule a hearing, and written notice of such
hearing shall be hand delivered or mailed as provided in
s. 162.12 to said violator. At the option of the code en-
forcement board, notice may additionally be served by
publication or posting as provided in s. 162.12. If the vio-
lation is corrected and then recurs or if the violation is
not corrected by the time specified for correction by the
code inspector, the case may be presented to the ice:
VaRM
F.S. 1989 COUNTY OR MUNICIPAL CODE ENFORCEMENT Ch. 162
stitute notice to any subsequent purchasers, succes-
not be deemed to be a court judgment except for en-
sors in interest, or assigns if the violation concerns real
forcement purposes. A fine imposed' pursuant to this
property, and the findings therein shall be binding upon
part shall continue to accrue until the violator comes into
the violator and. if the violation concerns real property,
compliance or until judgment is rendered in a suit to
anv subsequent purchasers, successors in interest, or
foreclose on a lien filed pursuant to this section, which -
assigns. if an order is recorded in the public records pur-
ever occurs first. After 3 months from the filing of any
suant to this subsection and the order is complied with
such lien which remains unpaid, the enforcement board
by the date specified in the order. the enforcement
may authorize the local governing body attorney to fore-
board shall issue an order acknowledging compliance
close on the lien. No lien created pursuant to the provi-
that shall be recorded in the public records, A hearing
sions of this part may be foreclosed on real property
is not required to issue such an order acknowledging
which is a homestead under s. 4, Art. X of the State Con -
compliance.
stitution.
History. —s. 1, ch. 80 -300: s. 6. ch. 82 -37 :s. 44 ch. 83 -217; s: 6, ch. 86 -201; s
6. ch. 89 -268.
History. —s. 1. ch. 80 -300; s. 8. ch. 82 -37; s. 2 ch. 85 -150. s. 8. ch. 66 -201, s
2, ch. 87 -391: s. 8. ch. 89 -266.
Note.— Former s. 166.057.
Note.— Former s. 166.059.
162.08 Powers of enforcement boards. —Each en-
162.10 Duration of lien. -No lien provided under the
torcement board shall have the power to:
Local Government Code Enforcement Boards Act shall
(1) Adopt rules for the conduct of its hearings.
continue for a period longer than 20 years after the certi-
(2) Subpoena alleged violators and witnesses to its
fied copy of an order imposing a fine has been recorded,
hearings. Subpoenas may be served by the sheriff, of the
unless within that time an action to foreclose on the lien
county or police department of the municipality.
is commenced in a court of competent jurisdiction. In an
(3) Subpoena evidence to its hearings.
action to foreclose on a lien, the prevailing party is enti-
(4) Take testimony under oath.
tled to recover all costs,: including a reasonable attor-
(5) Issue orders having the force of law to command
neys fee. that it incurs in the foreclosure. The continua -
whatever steps are necessary to bring a violation into
tion of the Gen effected by the commencement of the ac-
compliance.
tion shall not be good against creditors or subsequent
History. —s 1. ch. 80 -300. s. 7. ch. 62 -37. s. 7. ch, es -201: s. 7. ch. 89 -268
purchasers for valuable consideration without notice.
Note. – Former s. 166.058.
unless a notice of lis pendens is recorded.
162.09 Administrative fines; liens. —
History, —s. 9, ch. 82 -37: s. 9, ch. 66 -201: s. 9. ch 89 -268
(1) An enforcement board, upon notification by the
162.11 Appeals. —An aggrieved party, including the
code inspector that an order of the enforcement board
local governing body, may appeal a finai administrative
has not been complied with by the set time or, upon find-
order of an enforcement board to the circuit court. Such
ing that a repeat violation has been committed, may or-
an appeal shall not be a hearing de novobut shall be iim-
der the violator to pay a fine in an amount specified in
ited to appellate review of the record 'created before the
this section for each day the violation continues past the
enforcement board. An appeal shall
be filed within 30
date set by the enforcement board for compliance or, in
days of the execution of the order to
be appealed.
the case of a repeat violation, for each day the repeat
History —s. 1. ch. 80 -300; s. 10, ch. 82-37;!s. 3, ch'. 85 -150; s. 10, ch. 86-201
violation continues past the date of notice to the violator
Note. – Former 5.166.061.
of the repeat violation. If a finding of a'violation or a re-
162.12 Notices. —
peat violation has been made as provided in this part,
(1) All notices required by this part shall be provided
a hearing shall not be necessary for issuance of the or-
to the alleged violator by certified mail, return receipt re-
der imposing the fine.
quested: by hand delivery by the sheriff or other law en-
(2)(a) A fine imposed pursuant to this section shall
forcement officer, code inspector, or other person ciesio-
not exceed $250 per day for a first violation and shall not
nated by the local governing body; or by leaving the no-
exceed $500 per day for a repeat violation:
tice at the violator's usual place of jresidence with any
(b) In determining the amount of the fine, if any, the
person residing therein who is above' 15 years of age
enforcement board shall consider the following factors:
and informing such person of the contents of the notice.
1. The gravity of the violation;
(2) In addition to providing notice as set forth in sub -
2. Any actions taken by the violator to correct the
section (1), at the option of the code enforcement board,
violation; and
notice may also be served by publication or posting, as
3. Any previous violations committed by the viola-
follows;
tor.
(a)1. Such notice shall be published once during
(c) An enforcement board may reduce a fine im-
each week for 4 consecutive weeks (four publications
Posed pursuant to this section.
being sufficient) in a newspaper of general circulation in
(3) A certified copy of an order imposing a fine may
the county where the code enforcement board is locat-
be recorded in the public records and thereafter shall
ed. The newspaper shall meet such�requ,irements as are
constitute a lien against the land on which the violation
prescribed under chapter 50 for legal and official adver-
exists and upon any other real or personal property
tisements.
owned by the violator. Upon petition to the circuit court,
2. Proof of publication shall be made as provided in
such order may be enforced in the same manner as a
ss. 50.041 and 50.051 .
court judgment by the sheriffs of this state, including
(b)1: If there is no newspaper of general circulation
levy against the personal property, but such order shall
in the county where the code enforcement board is lo-
931
Ch. 162 COUNTY OR MUNICIPAL CODE ENFORCEMENT F.S. 1989
cated, three copies of such notice shall be posted for at
lieve that the person has committed a civil infraction in
least 28 days in three different and conspicuous places
violation of a duly enacted code or ordinance and that
in such county, one of which shall be at the front door
the county court will hear the charge.
of the courthouse in said county.
(b) Prior to issuing a citation, a code enforcement of.
2. Proof of posting shall be by affidavit of the per-
ficer shall provide notice to the person that the person
son posting the notice, which affidavit shall include a
has committed a violation of a code or ordinance and
copy of the notice posted and the date and places of its
shall establish a reasonable time period within which the
posting.
person must correct the violation. Such time period shall
(c) Notice by publication or posting may run concur-
be no more than 30 days. If, upon personal investigation,
rently with, or may follow, an attempt or attempts to pro`-
a code enforcement officer finds that the person has not
vide notice by hand delivery or by mail as required under
corrected the violation within the time period, a code en.
subsection (1).
forcement officer may issue a citation to the person who
Evidence that an attempt has been made to handdeliv-
h
as committed the violation. A code enforcement officer does not have to provide the person with a reasonable
er or mail notice as provided in subsection (1), together
time period to correct the violation prior to issuing a cita-
with proof i of publication or posting as provided in sub-
tion and may immediately issue a citation if the code en-
section (2), shall be sufficient to show that the notice re-
forcement officer has reason to believe that the violation
quirements of this part have been met, without regard
presents a serious threat to the public health, safety, or
to whether or not the alleged violator actually received
welfare, or if the violation is irreparable or irreversible.
such notice.
(c) A citation issued by a code enforcement officer
History. —s. 1. ch. 80 -300; s. 11, ch. 86 -201; s. 3, ch. 97 -391; s. 10, ch. 89 -268.
s. 166.062.
shall be in a form :prescribed b the count or the munici-
p y y
pality and shall contain:
162.13 Provisions of act supplemental. —It is the
1. The date' and time of issuance,
legislative intent of ss. 162.01- 162.12 to provide an addi-
2. The name and address of the person to whom
tional or supplemental means of obtaining compliance
the citation is issued.
with local codes. Nothing contained in ss. 162.01 -'
1 The date and time the civil infraction was com-
162.12 shall prohibit local governing body from enforc-
mitted.
ing its codes by any other means.
4. The facts constituting reasonable cause.
History.; -s. 11, ch. 82 -37.
5. The number or section of the code or ordinance
violated: ,
PART N
6. The name and authority of the code enforcement
officer.
SUPPLEMENTAL COUNTY OR MUNICIPAL CODE
7. The procedure for the person to follow in order
OR ORDINANCE ENFORCEMENT PROCEDURES
to pay the civil penalty or to contest the citation.
8. The applicable civil penalty if the person elects `
162.21 Enforcement of county or municipal codes or
to contest the citation.
ordinances; penalties.
9. The applicable civil penalty if the person elects
not to contest the citation.
162.21 Enforcement of county or municipal codes
10. A conspicuous statement that if the person fails
or ordinances; penalties.—
to pay the civil penalty within the time allowed, or fails
(1) As used in this section, "code enforcement offi-
to appear in court to contest the citation, he shall be
cer" means any designated employee or agent of a
deemed to have waived his right to contest the citation
county or municipality whose duty it is to enforce codes
and that, in such case, judgment maybe entered
and ordinances ;enacted by the county or municipality.
against the person for an amount up to the maximum x
(2) A county! or a municipality may designate certain
civil penalty.
of its employees or agents as code enforcement offi -
(4) After issuing a citation to an alleged violator, a .;
cers. The training and qualifications of the employees or
code enforcement officer shall deposit the original' cita-
agents for such: designation shall be determined by the
tion and one copy of the citation with the county court !"'
county or the municipality. Employees or agents who
(5) A county or a municipality is authorized to en
may be designated as code enforcement officers may
force codes and ordinances under the provisions of this
include, but are not limited to, code inspectors, law en-
section and may enact an ordinance establishing' proce -'Y
forcement officers, animal control officers, or firesafety
dures for the implementation of such provisions, includ-
inspectors. Designation as a code' enforcement officer
ing a schedule of violations and penalties
Ito be as 't:
does not provide the code enforcement officer with the
sessed by code enforcement officers. If a county or mu-
power of arrestor subject the code enforcement officer
to the provisions of ss. 943.085 - 943.255. Nothing in this
nicipality chooses to enforce codes or ordinances under ?'
the provisions of this section, each code or ordinance or
section amends, alters, or contravenes the provisions of
the ordinance enacted by the county or muni`ci ality es '°
any state - administered retirement system or any state-
tablishing procedures for implementation of thissection i
supported' retirement system established by general
shall provide:
law.
(a) That a violation of a code or an ordinance is a civil & s
(3)(a) A code enforcement officer is authorized to is-
infraction,`:n
sue a citation to a person when, based upon personal
(b) A maximum civil penalty not to exceed $500':
investigation, the officer has reasonable cause to be-
(c) A civil penalty of less than the maximum civil pen -
932
4
1
}
t
3A,
F S. 1989 COUNTY OR MUNICIPP
ally if the person who has committed the civil infraction
does not contest the citation.
Idj For the issuance of a citation by a code enforce-
ment officer who has reasonable cause to believe that
a person has committed an act in violation of a code or
I CODE ENFORCEMENT Ch. 162
the enforcement pursuant to ss. 553.79 and 553.80 of
building codes adopted pursuant to s, 553.73 as they
apply to construction, provided that a building permit is
either not required or has been issued by the county or
the municipality. For the purposes of this subsection,
an ordinance. "building codes" means only those codes adopted pur-
iej For the contesting of a citation in county court. suant to s. 553.73.
(f) Such procedures and provisions as are neces-
sary to provide for the enforcement of a code or an ordi-
nance under the provisions of this section.
(n) Any person who willfully refuses to sign and ac-
cept a citation issued by a code enforcement officer
shall ne guilty of a misdemeanor of the second degree,.
punishable as provided in s. 775.082 or s. 775.083.
(7) The provisions of this section shall not apply to
(8, Tne provisions of this section are additional and
supplemental means of enforcing county or municipal
codes or ordinances and may be used for the enforce -
ment of any code or ordinance, or for the enforcement
of all codes and ordinances. Nothing contained in this
section shall prohibit a county or municipality from en-
forcing its codes or ordinances by any other means.
History. —s it. ch. 89 -268.
933
-A RESOLUTION OF THE MAYOR AND CITY COMMISSION OP THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING AND APPROVING
THE RELEASE OF TWO SURPLUS POLICE CAR LIGHT BARS TO THE
CITY OF CHIEFLAND, FLORIDA
WHEREAS, the Police Department of the City of South Miami,
Florida, has heretofore upgraded the police car light bars it
uses, such that there are now available as surplu5 two light
bars; and
WHEREAS, the municipality of Chiefland, Florida, has had
difficulty in maintaining and equipping its Police Department and
has requested such aid as other sister municipalities can
provide; and
WHEREAS? the Mayor and City Commi5sion of the City of South
Miami, Florida, desire to aid the sister municipality of
Chiefland, Florida in its law enforcement efforts.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THZ CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Administration be, and hereby is,
authorized to release to the City of Chiefland, Florida, two
surplus police car light bars, together with the City of South
Miami's best wishes for continued success in their law
enforcement efforts.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
-- 1117 "1
th day of December, 1990,
APPROVED:
MAYOR
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A
WAIVER FROM SEC. 20 -4.2 (C) (1) OF THE LAND
DEVELOPMENT CODE FOR REQUIRED SIDEWALKS, CURBS AND
GUTTERS IN THE PUBLIC RIGHT -OF -WAY; AND A PARTIAL
WAIVER FROM .SEC. 20 -4.2 (C) (1) OF THE LAND DEVELOPMENT
CODE OF REQUIRED PAVING AND DRAINAGE IN THE PUBLIC'
RIGHT -OF -WAY; BOTH REQUESTS BY MR. STANLEY TOLEDO FROM
THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA,
FOR THE PROPERTY KNOWN AS 6314 S.W. 49th STREET,, SOUTH
MIAMI, FLORIDA, AND LEGALLY DESCRIBED HEREIN
WHEREAS, Mr. Stanley Toledo requested the Planning Board of
the City of South Miami as follows:
(1) a waiver from sec. 20 -4.2 (C) (1) of the Land Development
Coda for required sidewalks, curbs and gutters in the public
right -of -Tray; and
(2) a partial Waiver from Sec. 20 --4.2 (C') (1) of the Land
Development Code of required paving and drainage in the public
r fight -of -vary;
both requests for the property known as 6314 S.W. 49th Street,
South Miami, Florida, which property is legally described as
follows:
East 1/2 of the NW 1/4 of the NE 1/4 of the
SW 1/4, less the South 125 feet and less the
North 285 feet, of Section 24, Township 54
South, Range 40 East, lying and being in Dade
County, Florida;
WHEREAS, on November 27, 1990 the Planning Board voted to
approve waiver request no. I, with recommendations to the City
Commission (a copy of which is attached hereto) by a 5 - 1 vote
and to approve partial waiver request no. 2 with recommendatlons
to the City Commission (a copy of which is attached hereto) by a
5 - l vote; and
WHEREAS, the City Commission Staff Report recommended the
Board "carefully consider and evaluate" both requests;
NOW', THEREFORE, BE IT RESOLVED BY THE MAYOR ANn TWR CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That request no 1 of Mr. Stanley Toledo for a
waiver from Sec. 20 -4.2 (C) (1) of the Land Development Code for
required sidewalks, curbs and gutters in the public right -of-
way for the property known as 6314 S.W. 49th Street, South
Miami, Florida, be, and the same is, hereby approved.
Section 25. That request no. 2 of Mr. Stanley Toledo for ra
partial waiver from Sec. 20 -4.2 (G) (1) of the Land Development
Code for required paving and drainage in the public right -of -way
for the property known as 6314 S.W. 49th Street, South Miami,
Florida, be, and the same is, hereby approved.
PASSED AND ADOPTED this th day of December, 1990.
APPROVED:
MAYOR
ATTEST:
CITY ChERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I
Prw_ -YED PLAT O �7/l� /ERA GsaL7 5
owo- coaw Y
0 48th. IVE
rr ion DAaE 63 <0 0 6310 atoo n• z ''PACT 0.71 Aa
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6.121 631' 1 '6 i� Y' DA DL GOUN y
S.W. 30th.
i
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MAILING AREA REQUIRED
Stan Toledo
- - 8711 S.W. _85 Terr.
14iami, FL 33:13
6314 'N.
_ ._ .. iVai ; ar pr picT Wav
improvements
TY orm MUTU AIM PLANNING 50MkD
_C:7Csss
_ ;_a. SYlA3rJI1. . . .
02 -90
a .....
PB90 -018
S TA F, F, R E P O RT
PB -90 -018 November 23, 1990
Applicant: Stan Toledo
Request #1: Waiver of required sidewalks, curbs and gutters in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Request #2: Partial waiver of required paving and drainage in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Legal East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township 54 South, Range 40 East,
lying and being in Dade County, Florida.
Location: 6314 SW 49 Street
ANALYSIS
The applicant seeks to waive the requirement to provide
sidewalks, curb, gutter and provide an alternative paving plan for
those three dedicated rights -of- way surrounding the property. The
applicant intends to develop the property with five single - family
residential homesites.
RECOMMENDATION
The staff recommends that the Board carefully consider and
evaluate the proposal in order to best recommend to the Commission
the improvements most appropriate for this area and in the best
interests of the citizens of the City of South Miami and neighbors.
-.-.
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, November 27, 1990, at 7:30 P.M. in the Commissioners'
Chambers, the Planning Board of the City of South Miami will
conduct a Public Hearing on the following matter.
On Tuesday, December 4, 1990, at 7:30 P.M. in the Commissioners'
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
Applicant: Stan Toledo
Request #1: Waiver of required sidewalks, curbs and gutters in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Request #2 Partial waiver of required paving and drainage in
the public right -of -way per Section 20 =4.2 (C) (1)
of the adopted Land Development Code
Legal: East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township 54 South, Range 40 East,
lying and being in Dade County, Florida.
Location: 6314 SW 49 Street
OU ARE HEREBY ADVISED. THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
'O ANY MATTER CONSIDERED AT THIS MEETING. OR HEARING, SUCH .PERSON WILL NEED. A RECORD OF THE
ROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO -
EEDINGS 15 MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL.
5 TO BE BASED. (F. S. 286.0105)
HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 .SUNSET DRIVE,. SOUTH
FLORIDA, AT THE TIME AND DATE. STATED ABOVE.
NTERESTED PARTIES. ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE.
SON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
ZEA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS SMATTER WILL BE HEARD BY THE CITY COMMISSION
UTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
DIRECTOR BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
RY.
B REV. 12 -9 -81
THIS IS A COURTESY NOTICE
PLANNING BOARD
J •: - 1!' r 1• V
We request that the subject piY7j*rty be developed with the intent
to preserve as much of its present natural serenity so that only a small,
negative izpact on the neighborhood and on the environtDental concerns
would occur. The requests sought at this public hearing will yield to
fewer trees being destroyed or replaced. To continue S.W. 50th Street as
a street improvement thru the southern portion of the property would mean
destroying over twelve, stately, beautiful trees that are nesting sights
for squirrels and birds. The increased traffic will hinder the life
styles of long- established residents who cherish the privacy afforded
them along the dead - end section and residents with young children playing
near the street that has very little traffic presently along S.W. 50th
Street. The, non- ccntinuat on of the street would note impede traffic
since the street staggers at S.W. 64th Avenue.
The ;,,,me iate streets within the city limits of this South Miami
neighborhood are totally free of sidewalks. The lack of sidewalks adds
to the tranquil beauty since numerous trees flourish where sidewalks
would exist..`.. thus no sidewalks.
We request that the pavement on S.W. 63rd Avenue not be widened
from S.W. 49th Street and S.W. 50th Street, as it would not serve to
enhance traffic flow.... nor would it have to be made a one -way street
since the pavement is narrow southward with two. -way traffic. The narrow
road is preferred by neighbors since it retains the character of the
area's country setting as it meanders southward over one -half mile to
Miller Road.
The southwest corner of the property that abuts the dead -end of
S.W. 50th Street has a cluster of trees in that corner. To preserve the
trees, the street access to one lot in that same corner would only be a
continuation of the dead -end that complies to Dade County street
=Ls :ruction codres. However, a T-turn will be =Lstruct-.ed to provide
easy turn- arourxi for vehicles entering the dead -end.
Sumer There is a definite hardship t runs with the nature of
the land if all street and sidewalk improv, required.
G ���
Witness SEMey Tol
Wit sus Irwin Raskin, Trustee
Before me personally appeared Stanley Toledo and Irwin Raskin,
Trustee to me well }mown and Down to me to be the persons described in
and who wmcuted the foregoing instrument, and acknowledged to and - before
me that they executed said instriment for the purposes therein expressed.
WITNESS my ham and official seal,
My ccamnission Expires.
NOTARY PU8L1C STATE Or FLORIDA
MY COINISS10% EXR.';0'J 13,1390
80KND 11-'', G-1,.:l:;t1- Imo.. Ulm.
the 16th Day of October, 1990.
L
Notaz vy Publi State Florida
Letter of Intent for Portion NOT Included
RE: Folio 009 -4024- 000 -0750 Legal description: E 1/2 of NW 1/4
of NE 1/4 of SW 1/4 1 125 Ft. and less N 285 Ft. thereof, Section
24, Taanship 54 South, Range 40 East, lying and being in Dade may,
Florida as 1.87 acres, M,/L
We are requesting waiver of plat for 250 Ft. of the north portion
of the above parcel. We are retaining the south 25 Ft. to sell to three
adj agent pn�ty mvers directly south and contiguous to said pr arty.
Vain JLJO�- ---
Witness Stanley To
Wits ss ! / Irwin Raskin, Trustee
STATE OF FlCitIDA
CXJ[JNI'Y OF DARE
Before me persamlly appeared Stanley Toledo and Irwin Raskin,
Tnlstee to me well ] Z and known to me to be the Pis described in
and who executed the foregoing imtr a t and adamledged to _ and before
me that they executed said instn=ent for the purposes therein expressed.
WIGS my hand arxi official seal, the 16th Day of October, 1990
�). /
Notary/ Publi State ,Florida
My C a=ission Expires:
NOTARY MUDLIC St.^.?E OF PLORTOA
STATE OF FLARMA
CO= OF =
Before me personally appeared Stanley Toledo and Irwin Raskin,
Timstee to me well known arri krx wn to me to be the persons described in
arxi who executed the foregoing is>st 08nt, and ac)a=ledged ' to arxi before
me that they executed said instnmvzrt for the rju poses therein expressed.
WMmSS my hand and official seal, the 16th Lay of October, 1990.
Nota -"y Publif--, Sta ,6f Florida
My fission E*ires:
VOTARY Att?tIC STATE OF FLORIDA
RY COMNISSIom Exr. N09 19,1590
SONDCO NmU CE;;Z-gU 1:71. L4D.
res Phone Number : cc i 2 � 2 j
fii f
resented By: �� �cL Organization: OWNER
ress : 5A" Phone:
nitect: Phone:
ineer: Phone: 2br -4775
�� B4��l�i LL ASScC : , INC,
er Option to purchase - Contract to purchase _ Copy attached? , X
ap l,cant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
(s) Block Subdivision PB -
-es and( Bounds El /Z o--� N W +Q�y a- NE '/V a� 3W YJ (ems S: i25 Fi. -1 less N.29$I
�f 0-e / gJ�`l'Gt. `,Z Tll�►Fj I �JO.% / 1 ` "e Tv r cLS` f y �vto� diu�' t ►1� f r 1 t/�,i° L.�7�L1�Ir�/ i
67 /Acres, M / L'
(�Oi -t o :;� Oq— Wr�,4 -oon 07-CO
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
Variance Special Use Rezoning Text Amendment to LDC
Home Occupational License PUD Approval PUD Major Change
riefly explain application and cite specific Code sections:
VA IV -r` or (Pt V�E� <
Letter of intent Ar
Proof of ownership
X Current survey
'he undersigned has
'_nformation and all
.o the best of the
16 A�D
Date
SUBMITTED MATERIALS
Hardship statement
Power of attorney
X Reasons f r change
5ee A -#txc�4mL 1e+f er
Contract to purchase
k Site plan (copies) zV Required fee(s)
read this completed application and represents the
submitted materials furnished are true and correct
applicant's knowledge and belief.
Applicant's Signature and title
pon receipt, applications and all submitted materials will be reviewed for
ompliance with City Codes and other applicable regulations. Applications
ound not in compliance will be rejected and returned to the applicant.
DFFICE USE ONLY DATE FILED �� — / ACCEPTED REJECTED
DATE PB J RING
COMMISSION
NE OTHER INFO
PETITION REQUIRED
I
PETITION ACCEPTED
y
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