Ordinance 74-2014 ORDINANCE NO. 74-2014
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE
OF THE CITY OF MIAMI BEACH PERTAINING TO THE
ADMINISTRATION OF THE CITY OF MIAMI BEACH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1 . That Chapter 2 of the Code of the City of Miami Beach
be and the same is hereby amended by adding a new
Article and Section thereto to be numbered and to read as follows :
Article XI , Care and Maintenance of Trees .
Section 2. 83 . The retention and maintenance
on private property of palm trees affected by,
but capable of being preserved from destruction
by the lethal yellow disease, is hereby found,
declared, and deemed to be necessary and
beneficial to the health, convenience, comfort,
and safety of the public; and the Director of
Parks and Recreation of the City is hereby
authorized and empowered, after due notice to
the owner, or party in possession of such
private property, to enter thereupon for the •
purpose of treating and taking such other
remedial action which may be required to
preserve and maintain said palm trees in sound
condition. The property owner or party in
possession, upon receiving such notice by the
Director of Parks and Recreation of the City
shall advise said official within a reasonable
period of time of the acquiescence or refusal
to permit such entry for said purpose by said
official . If said property owner or party in
possession makes objection to such proposed
entry and treatment, the said official shall
proceed no further. A failure by said
property owner or party in possession to make
objection shall be deemed to be consent to
and acquiescence to such proposed action by
said official , and he is thereupon authorized
and empowered to treat said palm trees in
accordance with recognized and approved
procedures and remedies , at the expense of the
owner or the possessor of said land, and to
impose liens against said land, for the cost
of such treatment, and to enforce the said
lien as other liens are enforced.
SECTION 2. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 3. That the City Council of the City of Miami Beach,
Florida, having found and determined that a public
emergency exists affecting life, health, property or public
safety, this Ordinance is hereby adopted as an emergency
measure and shall go into effect immediately upon its adoption.
PASSED and ADOPTED this 20th day of . november , 1974.
Ade': 40Y
Mayor
Attest:
(The submission of the above
,774.4e0t4i., Ordinance was requested by
City Clerk Councilman Leonard Weinstein)
Passed and Adopted - November 20, 1974
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - tIAMI BEACH, FLORIDA 33139 •
STATE OF FLORIDA
COUNTY OF DADE:
I , ELAINE MATTHEWS, City Clerk, in and for the City of Miami Beach,
Florida, do hereby certify that Ordinance No. 74-2014 entitled:
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE
OF THE CITY OF MIAMI BEACH PERTAINING TO THE
ADMINISTRATION OF THE CITY OF MIAMI BEACH, FLORIDA.
having been passed and adopted by,the City Council of the City of
Miami Beach, Florida, has been posted by me at the door of the City Hall
in said City on the 20th day of November , 1974,
and that said Ordinance remained posted for a period of at least thirty
days in accordance with the requirements of the City Charter of the said
City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the
official seal of the City of Miami Beach, Florida, on this the
8th day of January , 1975.
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City Clerk
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