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Ordinance 80-2239ORDINANCE NO. : 80-2239 AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF MIAMI BEACH BY THE ADDITION OF SECTIONS REQUIRING SEAWALLS TO BE PROPERLY MAINTAINED AND PROVIDING A PENALTY FOR SUCH NON -MAINTENANCE; PROVIDING THAT LIMBS OR VEGETATION OVERHANGING SEAWALLS MUST BE REMOVED AND ESTABLISHING A PENALTY; PROVIDING THAT DERELICT VESSELS OR HOUSEBARGES ARE UNLAWFUL AND ESTABLISHING A PENALTY; PROVIDING THAT THE DEPOSIT_OF CERTAIN DEBRIS INTO WATER IS UNLAWFUL; PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION: 1. That Chapter 7, section 7-67 of the Miami Beach Code be amended by the addition of sections (4) and (5) to read as follows: (4) All seawalls must be maintained in good repair so that upland soil, sand, grass or like substance may not escape into any waters within the City of Miami Beach. (5) It is unlawful for any tree, vegetation or any other organic matter to protrude•over any seawall in such a way as to obstruct navigation in any way.. SECTION 2. That Chapter 7 is hereby amended.by the addition of a new section 7-67A to read as follows: Sec. 7-67A Penalty Non-compliance with any provision of this Article is subject to penalty as described in section 7-22 of the Miami Beach Code. SECTION 3. That Chapter 7,- Section 7-84 is hereby amended to read as follows: Sec. 7-84 Disposition of derelict vessel. It is unlawful for any reason to allow a vessel or housebarge to become derelict as described in section 7-83 of the Miami Beach Code. The City may, in addition to filing a notice of violation, cause a derelict vessel or housebarge to be immediately taken into custody. Upon taking custody of a derelict vessel, or housebarge, the city shall concurrently (1) publish a notice of intended disposition, once in a newspaper of general circulation; (2) when possible, post a notice of intended disposition on the vessel, or housebarge, and (3) serve a duplicate original of the notice of intended disposition by certified mail, return receipt requested on (a) the registered owner of the vessel, or housebarge,.if known, at his last known address or the address on record in the United States Coast Guard or who have filed in the name of records of the U.S. Customs, and (b) all lien holders a •f -i c• -i -ng financial statement indexed the registered owner or.who are shown on the United States Department of Transportation -1- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 or United States Coast Guard or U.S. Customs. If the vessel, or housebarge is not repossessed within twenty (20) days after the publication or mailing of the notice whichever occurs later, the vessel, or housebarge may be disposed of by negotiated sale except that, when two or more purchasers indicate an interest in purchasing the vessel or housebarge, said vessel or house- barge•will be sold at public auction to the highest bidder. If no purchaser expresses a desire to purchase the vessel or housebarge, said vessel or housebarge may be destroyed by the City. SECTION 4. That Chapter 7, is hereby amended by the addition of a new section 7-84A to read as follows: Sec. 7-84A Penalty. All persons who violate the provisions of this Article are subject to penalty as described in section 7-22 of the Miami Beach Code. SECTION 5. That Chapter 7, section 7-94(a) is hereby amended to read as follows: Sec. 7-94 Pollution of waters prohibited, controls permitted. erson (corrected (a) It shall be unlawful for any re-aee% to throw, 11/24/80,em) discharge, deposit, drain or run into any waters of the City, or to cause, permit, or allow te-suffer to be thrown, discharged, deposited, drained, or run into such water, any organic or unorganic matter that may cause or tend to cause water pollution. Specifically, no person, including the owner, operator or other responsible person shall throw, discharge, deposit or permit to fall from any vessel, housebarge, watercraft, land or any other source, any noxious or deleterious matter into the waters, including: oil, spirits, or flammable liquid, sewage or waste matter, including food, excrement or other "wet garbage", trash debris or refuse industrial wastes, contaminated cooling water, er ether -waste, soil, vegetation, tree limbs, grass clippings and like yard maintenance debris, or other. similar substances. * * SECTION 6. SEVERABILITY. If any section, sub -section, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 7. This ordinance shall become effective upon its passage in accordance with law. PASSED and ADOPTED this 5th day of November , 1980. ATTEST: City lerk 1st Reading -October 15,1980 2nd Reading -November 5,1980 Words in strueh-threagk-type are deletions. Words in underscore type are additions. or FORM ARROW LE9 L DEPT 9y. LTA/jb/10/9/80 xx -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 4J a ri 4-1 cd ro r1 r-1 -o v a) 4-4 3 G ro .o a co v bo a) a a) o oD (f) o. n G cD M 1.J •rl 'Cf bD N U) 'D •rl •rl C •rl J •r{ •0 1 d O D. � (10 Sa O0D ri z oo (1) 3 $.+ a. ro ,-I HOU (0 b u aa) ro o W pq d C o a) U U rl b (I) 0 'b Z0• 7 • •H 4-4 ro 0 z r4 0 bWD o E ao 0ocnraoy p •H $.+ •r -I +J r1 u 0 (1) G3.4 N CI) (0 '� aJ vi a p �w 1o+ o •HH d 0 P. 4- -1