Ordinance 80-2191• •
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ORDINANCE NO. 80-2191
AN ORDINANCE AMENDING CHAPTER 39 OF THE CITY CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO
STREETS AND SIDEWALKS; ADDING A NEW ARTICLE AND
SECTION DESIGNATED AS ARTICLE IV, SECTION 39-23,
REGULATING THE MAINTENANCE OF SIDEWALKS, SWALE
AREAS, ALLEYS, AND RIGHTS-OF-WAY BY PROPERTY
OWNERS AND OCCUPANTS OF THE PROPERTY; PROVIDING
FOR THE DEFINITION OF "SWALE AREA"; PROVIDING IN
THE CASE OF RENTAL PROPERTY, THAT THE OWNER AND
THE OCCUPANT BE HELD JOINTLY AND SEVERALLY LIABLE
FOR COMPLIANCE WITH THIS SECTION; PROVIDING FOR
NOTICE, ASSESSMENT OF COSTS AND LIEN AGAINST THE
PROPERTY IN CASES OF NONCOMPLIANCE; PROVIDING FOR
WRITTEN NOTICE TO OWNERS FOR REMOVAL OF TREES,
OBSTRUCTIONSr ETC., IMPEDING TRAVEL WITHIN CERTAIN
DISTANCE OF STREETS OR, IN THE ALTERNATIVE,
AUTHORIZING REMOVAL BY CITY IN CASES OF EMERGENCY
WITH AN ASSESSMENT OF COSTS OR A LIEN AGAINST THE
PROPERTY; REPEALING ALL ORDINANCES IN CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: That Chapter 39 of the Code of the City of Miami Beach,
Florida, be and the same is hereby amended by adding
thereto a new Article and Section to be designated Article IV,
Section 39-23, which shall immediately follow Article III, Sec-
tion 39-22, and shall read as follows:
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"Article IV. Maintenance of Sidewalks
and Swale Areas.
Section 39-23. Duty to Maintain Sidewalks and Swale Areas.
(a) "Swale area" defined. A "swale area" is that
area between the property line and the back of
the street curb or the edge of the paved roadway.
(b) Persons liable. In the case of rental property,
the occupant shall be held jointly and severally
liable for compliance with those duties and
obligations imposed upon the owner by this
section.
(c) Sidewalks, alleys and rights-of-way to be kept
clean. All owners of unimproved property and
occupants, or occupants and owners of improved
property, shall maintain their property in a
clean and litter -free manner, including sidewalks,
grass strips, alleys up to and including the
median point of said alley, curbs, swale areas,
or rights-of-way up to the edge of the pavement
of any public street.
(d) Area next to the sidewalk.
(1) Requirements: Whenever there is a non -paved
area between the sidewalk and the curb, or
between the sidewalk and the property line,
it shall be the responsibility of the owner
and/or occupant of said property to keep
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
such non -paved areas in good condition.
Said responsibility shall include the re-
sponsibility to keep such area free of holes,
to keep such non -paved areas at a height
approximately level with the sidewalk, to
keep the weeds and grass at a level equal
to the sidewalks, and to make sure that
there are no holes or hidden dangers in
said unpaved areas.
(2) Notice; Assessment; and Lin Against the
Property: Whenever the City shall discover
that non --paved areas are not kept in good
condition, it Sha.L1 be the duty of SCA
employees of the City,as the City Manager
shall designate to enforce this section,
to notify the owner and/or occupant of
the existing condition; said person so
notified shall have ten (10) days in which
to rectify the condition. If the owner
and/or occupant fails to comply with such
notice, the City shall then perform the
necessary work and shall assess the cost
of such work against the property. Such
assessment, if not paid, shall become a
lien against the property.
(e) Notice to owners to remove trees, obstructions, etc.
within certain distance of streets; Authority of
City to remove trees, obstructions, etc., in cases
of emergency; Assessment of cost; and Lien against
the property:
(1) Written notice shall be given to t e owner
of the abutting property to remove any tree,
shrub, or other obstruction to travel, upon
any street, sidewalk, or swam area adjacent
thereto within thirty-five (35) feet of the
intersection of the curb lines or roadways
of any street within the City. If the owner
of the abutting property fails to comply
with said removal of trees, shrubbery, or
obstruction within ten (10) days of receipt
of the written notice, the City shall then
perform the necessary removal operations
and shall assess the cost of said removal
against the property. Said assessment, if
not paid, shall become a lien against the
property.
(2) If any tree, shrub, or other obstruction to
travel upon any street, sidewalk, or swale
area adjacent thereto within thirty-five(35)
feet of the intersection of the curb lines
or roadways of any street within the City
creates an emergency situation involving
potential danger to the health, safety, and
welfare of the community, the City shall
perform removal operations immediately, thus
eliminating the emergency, and shall assess
the cost of said removal against the property.
Said assessment, if not Haid, shall become a
lien against the property."
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
SECTION 2: That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 3: This ordinance shall go into effect upon its pssage in
accordance with law.
PASSED and ADOPTED this 16th day of
1st Reading - January 2, 1980
2nd Reading - January 16; 1980.
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January
, 1980.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139