Ordinance 93-2842ORDINANCE NO. 93-2842
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-29.2,
ENTITLED "LOT CLEARANCE BY CITY, LIENS,
FORECLOSURE", AUTHORIZING THE CITY TO CLEAR
UNSANITARY LOTS WHEN THE OWNERS FAIL TO DO SO,
PROVIDING THAT MONEY EXPENDED BY THE CITY FOR
LOT CLEARANCE SHALL CONSTITUTE SPECIAL
ASSESSMENT LIENS UPON THE PROPERTIES WHICH MAY
BE FORECLOSED; 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 lots whereon the excessive
growth and accumulation of weeds and other plant life, trash and
waste occurs in such manner that, if left uncleaned, it may cause
infestation by rodents and wild animals, the breeding of mosquitos
and vermin or 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. Due to the failure of the owners of such lots to remedy
the unsightly and unsanitary conditions thereon, it is necessary
for the City to clear the lots in order to protect the health and
safety of the community.
SECTION 2. CREATION OF SECTION 17B-29.2.
That a new Section 17B-29.2 of Miami Beach City Code Chapter
17B-29, entitled "Property Maintenance Standards" is hereby created
to read as follows:
Sec. 17B-29.2. Lot clearance by City; liens; foreclosure.
(a) As an alternative to the enforcement procedures set forth
in Section 17B-18 herein, upon the failure of the owner of any lot,
parcel or tract of land within the City of Miami Beach to keep such
premises clean and free of vegetation and debris as required by
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Section 17B-29 of this Code, the City Manager or his designee shall
give notice as provided herein requesting the owner(s) to remedy
the condition within fifteen (15) days after service of such
notice.
Such notice shall be given by certified mail, addressed
to the owner of the property described, as recorded in the current
county tax rolls, and shall be deemed complete and sufficient
notice when so addressed and deposited in the United States mail
with proper postage prepaid. The notice shall be in substantially_
the following form:
"Date
Name of owner:
Address of owner:
our property records indicate you to be the owner(s) of the
following described property in the City of Miami Beach:
"An inspection of this property discloses, and the city
manager has found and determined, it to be in such condition
as to be in violation of Section 17B-29 of the Code of the
City of Miami Beach because (state why property is in
violation, i.e., height of weeds, grass or undergrowth,
debris, dead trees, etc.).
Section 17B -29.2(a) of the Code of the City of Miami Beach
provides that it shall be unlawful for you to permit this
condition to continue, and you are hereby notified that unless
this condition is remedied so as to make it nonviolative of
section 17B-29 of the Code of the City of Miami Beach within
fifteen (15) days from the date hereof, the City of Miami
Beach will proceed to remedy such condition, and the cost of
such work will be imposed as a lien upon this property. The
estimated cost to remedy this condition would be
plus $75.00 for administrative charges, for a total cost of
This notice will be the only notice given to you in a period
of one (1) year from this date. Any other violations
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occurring under this section shall be remedied by the City
without further notice."
Very truly yours,
City Manager
LL Upon failure of the owner of property to remedy the
conditions existing in violation of the requirements of Sect;RA
17$-29 within fifteen (15) days after service of notice to do so,
.............. .
then the city manager or his designee shall proceed to have such
condition remedied by contract or direct labor, or both, and the
cost thereof shall become a special assessment lien against such
property thirty (30) days after notice of completion of the work by
the city. Said special assessment lien shall be equal in rank and
dignity with the lien of ad valorem taxes and shall be superior in
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. Repeated violations>of Sect or} 17A 29 occur;ing within
twelve (12) months of the initial. notice may be remieaied by the
City as set forth herein without further notice to the violator.
(d) Notwithstanding Section 17B-14 of this Code, the filing
of an appeal from the City's determination of the need for lot
clearance by the City shall not delay action by the City as
described in paragraph (c) above. An aggrieved property owner may
appeal this determination and said appeal shall be heard by a
special master appointed by the City Commission upon recommendation
of the City Manager. The hearing will be conducted in accordance
with the procedures set forth in Sections 20-43 and 20-44 of the
Code. If the special master determines that lot clearance was
unnecessary, the property shall not be assessed for the cost of the
lot clearance.
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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 is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 1st day of
May
, 1993.
PASSED and ADOPTED this 21st day
ATTEST:
cLoodt
CITY CLERK
1st reading 4/8/93
2nd reading 4/21/93
April , 1993
SWS:scf:disk3\propstds.ord
4
YOR
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. S0I-13
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. Cartt
City Manager
SUBJECT:
DATE: April 21, 1993
REVISIONS TO THE PROPERTY MAINTENANCE STANDARDS, CHAPTER
17B OP THE CITY CODE REGARDING UNSANITARY LOTS
Administrative Recommendation
The Administration recommends the adoption of this proposed
amendment on second reading of Section 17B-29.2 pertaining to lot
clearance of unsanitary lots.
Analysis:
Sect. 17B -29.2(a)
Sect. 17B -29.2(b)
Sect. 17B -29.2(c)
Sect. 17B -29.2(d)
CONCLUSION
provides for owner to maintain premises
clean and free of vegetation and debris or
City Manager or designee shall give notice
to remedy.
provides for notice to the property
owner. This notice shall be served once
for a twelve month period. Any other
violations occurring during the year
shall be remedied by the City without
further notice.
provides procedures to remedy violation
conditions, costs to become special
assessment liens.
provides a method by which property owners
may appeal.
The accumulation of trash, waste and untended overgrown plant
growth provide suitabl nesting areas for rodents, vermin,
mosquitoes, and other health hazards.
This proposal provides a method by which the City can require lot
clearance on properties deemed a nuisance.
AGENDA
ITEM
DATE
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