Ordinance 93-2833ORDINANCE NO. 93-2833
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 17B, ENTITLED "PROPERTY MAINTENANCE
STANDARDS", CREATING A NEW SECTION 17B-29.1,
ENTITLED, ',UNSANITARY VACANT PROPERTIES
DECLARED NUISANCES; ENCLOSURE REQUIRED; ACTION
BY CITY WHEN OWNER FAILS TO ENCLOSE,"
REQUIRING THAT OWNERS OF CERTAIN UNSANITARY
VACANT PROPERTY NUISANCES ENCLOSE SAID
PROPERTIES WITH A FIVE-FOOT WALL OR FENCE;
PROVIDING FOR ENCLOSURE BY THE CITY UPON
NONCOMPLIANCE BY THE OWNER; PROVIDING THAT
MONEY EXPENDED BY THE CITY FOR ENCLOSURE OF
SAID PROPERTIES SHALL CONSTITUTE A SPECIAL
ASSESSMENT LIEN UPON THE PROPERTY; PROVIDING
FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1. FINDINGS.
1. The City Commission finds and determines that there exist
within the City of Miami Beach numerous vacant lots and lots
containing vacant buildings and structures whereon the excessive
growth and accumulation of weeds and other plant life, trash and
waste occurs in such manner as to cause infestation by rodents and
wild animals, the breeding of mosquitos and vermin or to threaten
or endanger the public health, or adversely affect and impair the
economic welfare of adjacent property; such properties constitute
a public nuisance in the community.
2. The presence of a fence on wall surrounding vacant lots
and lots containing vacant buildings and structures is a deterent
to the unauthorized and illegal use of such lots as dumping sites
for trash, debris and waste.
3. The requirements set forth in this Ordinance are
necessary to protect the public health, safety and welfare of the
City of Miami Beach.
SECTION 2. CREATION OF SECTION 17B-29.1.
That a new Section 17B-29.1 of Miami Beach City Code Chapter
17B-29, entitled "Property Maintenance Standards" is hereby created
to read as follows:
Sec. 17B-29.1. Unsanitary vacant properties declared
nuisances; enclosure required; action by City
when owner fails to enclose.
Unsanitary vacant properties declared nuisances. The
existence of excessive accumulation or untended growth of
weeds or either dead or living plant life or any garbage or
rubbish upon any vacant lot, tract or parcel of land or any
land containing a vacant building or vacant structure and
located within two hundred (200) feet of the boundary line of
any improved property within the City of Miami Beach, Florida
to the extent and in the manner that such property is or may
become infested or inhabited by rodents, vermin or wild
animals or may furnish a breeding place for mosquitos, or
threatens or endangers the public health, safety or welfare,
or may reasonably cause disease or adversely affects and
impairs the economic welfare of adjacent property is hereby
prohibited and declared to be a public nuisance.
_(b) Enclosure required.
(1) After February 1, 1993, any vacant building,
structure or lot which is not completely enclosed by a wall or
a black or green vinyl coated fence and which is found in
violation of paragraph (a) above or of paragraphs (1) or (2)
of Section 17B-29 of this Code by the City's Code Enforcement
Board or Special Master in accordance with Chapter 9B of the
City Code on two (2) separate occasions in any eighteen (18)
month period, or any such vacant lot which has been cleared by
the City due to the owner's failure to comply with the
aforestated lot maintenance requirements on three separate
occasions within any eighteen (18) month period, shall be
enclosed by its owner(s) by a wall or a black or green vinyl
coated fence five feet in height. The Code Inspector shall
notify said owner(s) by certified mail when a wall or a black
or green vinyl coated fence is required pursuant to this
Section and the owner(s) shall have forty-five (45) days from
receipt of said notice to cause the wall or a black or green
vinyl coated fence to be erected.
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(2) In the event that an owner believes that the Code
Inspector has erred in determining that enclosure is required
pursuant to paragraph (a), said determination may be appealed
to the Property Maintenance Standards Appeals Board as
provided in Section 17B-14 of this Code. If the Board
determines that enclosure is required, the owner shall have
thirty (30) days from the date of said determination to
enclose the property.
(3) Where the City's Zoning Ordinance permits walls or
fences to exceed five feet in height, the owner(s) may choose
to erect a wall or a black or green vinyl coated fence
exceeding five feet in height in keeping with that Ordinance.
Walls or fences erected pursuant to this Section shall also
conform to all requirements of the Zoning Ordinance, including
those pertaining to the type of fencing materials permitted
and required above and to the requirements of the South
Florida Building Code.
j_cj Action by City when owner fails to enclose. If within
forty-five (45) days after mailing of the notice, as stated in
paragraph (b)(1) above, or, if an appeal is requested, within
thirty (30) days of the determination of the Board as stated
in paragraph (b)(2) above, the required wall or fence has not
been erected, the City Manager or his/her designee may cause
the subject property to be enclosed by a black or green vinyl
coated five-foot fence at the property owner's expense. Chain
link shall be used for this purpose where permitted by the
Zoning Ordinance.
(d) Unpaid costs to be special assessment lien. The City
Manager or his/her designee shall certify the expense incurred
by the City in enclosing the subject property. Whereupon such
expenses shall be billed to the property owner and shall
become due and payable within thirty (30) days of the mailing
of said bill. Any such expenses which have not been paid
within the thirty (30) day period shall become a special
assessment lien upon the property, equal in rank and dignity
with the lien of ad valorem taxes and shall be superior in
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rank and dignity to all other liens, encumbrances, titles, and
claims in, to or against the property. Said lien shall be
payable with interest at the legal rate from the date of the
certification until paid, and may be foreclosed in the manner
provided by law or ordinance.
(e) Notwithstanding anything contained in this Section, and
regardless of whether or not a property is enclosed by a wall
or fence, property owners shall be required to comply at all
times with the requirements of Section 17B-29, including the
requirement to keep properties clean.
SECTION 3. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this
ordinance if held invalid, the remainder shall not be affected by
such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 30th day of
January , 1993.
PASSED and ADOPTED this 20th
ATTEST:
6,tts.Ack
CITY CLERK
1st reading 1/6/93
2nd reading 1/20/93
(Requested by Vice -Mayor Abe Resnick)
SWS:scf:disk2\propstd.ord
FORM APPROVED
LEGPT.
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ORIGINAi.
ORDINANCE NO.
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