93-2892 Ordinance
ORDINANCE NO.
93-2892
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE IV, ENTITLED
"MAINTENANCE OF SIDEWALKS AND SWALE AREAS" OF MIAMI BEACH
CITY CODE CHAPTER 39, ENTITLED "STREETS, SIDEWALKS AND
PUBLIC FACILITIES" BY AMENDING SECTION 39-23 TO REQUIRE
THAT BUSINESS OPERATORS SHALL PROVIDE FOR THE SWEEPING OF
SIDEWALKS ADJACENT TO THEIR BUSINESSES BEFORE 10 A.M. ON
BUSINESS DAYS, PROVIDING ENFORCEMENT PROCEDURES, FINES
FOR VIOLATORS AND PROCEDURES FOR APPEAL OF CITATIONS;
REPEALING SECTION 39-5, ENTITLED "MERCHANTS, ETC., TO
SWEEP SIDEWALKS ADJACENT TO STORE--TIME LIMIT"; REPEALING
SECTION 3 9 - 6, ENTITLED "SAME--SWEEPINGS TO BE PICKED UP";
PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, to improve clarity and facilitate understanding of
city Code requirements pertaining to sidewalk maintenance, all City
Code provisions pertaining to this subject should be consolidated
into a single section containing appropriate enforcement
procedures, penalties and appeal procedures.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
AMENDMENT OF SECTION 39-23.
That Section 39-23 of Article IV, entitled "Maintenance of
sidewalks and Swale Areas" of Miami Beach City Code Chapter 39,
entitled "streets, Sidewalks and Public Facilities" is hereby
amended to read as follows:
Seo.39-23. Duty to maintain sidewalks and swale area.
(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 publ ic street.
Every
merchant. storekeeper or operator of a business in the city
shall sweep or cause to be swept the sidewalks adioininq his
respective place of business. at or before 10: 00 A.M.l;il::,:::::I;i.
!.i~il~~:,:::::i:i:'::::I~:gl~i.,lli{:~'~::II~i:lm.~!~~::::::II::::'~~!~,:::':.!i~~'i:.i?:~~~~'i:lil"[~~~:::~gl:'::::Iigft
liM:':'::!:IMgl::!::::ft.il:iiiil:I:!'::::'i;l:i:;.:::!:!::;I,:::,:'ipl'igD. The sweepinqs shall be
picked UP and not swept into the qutter as prohibited by
section 25-95 of this Code. The use of round concrete buttons
on swale areas is permitted, but the use of triangular
concrete buttons is prohibited in such areas.
All other
objects of any size or material are deemed hazardous.
:U~l:: The provisions of this section shall be enforced as
provided in Subsection 25-126(c) of this code. Fines shall be
as follows:
First ~i.g*II,j2n
Second MI~iJ.HJ.I'i.gi.
(within 12 months of
the first ~i.2J.~i~'w.gg)
.t2Q
$100
Th ird 1:i.'g~:i;i.gQ
(within 12 months
of the first ~I,lw~:Ii.'QI)
$500
E~X" RY:rR2fil~ '::'2#::'::':'III'I::',:':~~:gl:imp':,~:'i:::::~~g~i'2'i:ili.gl:!:~?~:':::~'~II*'~:':::::':::'It.'11
;.:i;I.:I.I:::~::~in:~~~~"IP'g~I;I.;:Ii.i.t,':::i.i:il~:I:i:QI?::::i:ml:;~I:~""II:::::,:I::i::::lg;i:':':':'N.ligl~:111:::::,::9.;
i:':'::::~:~:IQlml!.l::::~~:~:~m.I~:':~:::::R:i'Q~:I;III:::'::::il'~:~"""i:':':i::::$.I~:i.i:i'I:~::::::':::II'II~;:~" Appea 1 s from
citations:i:~:mM.~i..."~::~~t~f'::'~I::::':g.I;~':':':i.D.I'R;iil!.i; shall be as provided in
Subsection 25-126(c).
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*
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SECTION 2.
REPEAL OF SECTION 39-5.
That Section 39-5 of the Miami Beach city Code chapter 39,
entitled "Streets, Sidewalks and Public Facilities" is hereby
repealed.
2
80e.39 5.
Merehants, ate., to sweop sidewalks a4jaeent
store Timo limit.
\-,. .
Every merchant, otorekeeper or operator of a AJOUOlneOO lR
the city ohall mJCep or cauoe to be owept the oide1;"."alko
udj oining hio reopeoti vc pluce of buoineoo, ut or before 10 I 00
A.li., on each buoineoo day ouch buoineoo ohall be operated.
SECTION 3.
REPEAL OF SECTION 39-6.
That section 39-6 of Miami Beach City Code Chapter 39,
entitled "Streets, Sidewalks and Public Facilities" is hereby
repealed:
Sec. 39.6. Same C\Jeepingo to be picJced up.
The O\ieepingo from ouch oide'WmlJc ohall be picked up and
ohall not be owept into any guttero of the city.
SECTION 4.
REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 5.
SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 6.
EFFECTIVE DATE.
This Ordinance shall take effect on the
25th
day of
December
, 1993.
December , 1993.
1dL-~
MAYOR ~
PASSED and ADOPTED this
ATTEST:
~~~ [J ~GW~--
CITY CLERK
1st reading 12/1/93
2nd reading 12/15/93
3
SWS:scf:disk6\sideswal.ord
CITY OF
1\/11 ~\ (\/ll
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. L:,n-~3
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: December 15, 1993
FROM:
Roger M. Carito
City Manager
SUBJECT:
AMENDMENT OJ' CHAPTER 39 OJ' THE CODE OJ' THE CITY OJ' MIAMI
BEACH ENTITLED "STREETS, SIDEWALKS, , PUBLIC J'ACILITIES".
ADMINISTRATIVE RECOMMENDATION
The city Administration recommends that the City commission adopt,
on second reading, the attached ordinance amending Chapter 39 of
the Miami Beach city Code as outlined herein.
BACKGROUND
As part of the reorganization of the Code compliance Division, the
City Administration reviewed various codes and ordinances that are
currently being enforced by that division. During this review it
was determined that in order to clarify the specific Code
requirements contained in Chapter 39 of the City Code relating to
the maintenance of sidewalks, said requirements should be amended.
On December 1st, 1993, the City Commission reviewed and passed this
ordinance upon first reading.
ANALYSIS
The proposed amendments include adding a fine schedule to mirror
that which is currently being used in the Litter Ordinance and
consolidating certain sections of the Sidewalk Maintenance
Ordinance. The proposed fine schedule is as follows:
First Violation
=
$ 50.00
Second Violation = $100.00
(within 12 months of the first violation)
Third Violation = $500.00
(within 12 months of the first violation)
For the purposes described herein "violation" shall mean either an
uncontested citation issued by a code inspector or a finding of
violation bya Special Master.
Additionally, Section 39-5 and 39-6 were repealed and their content
was incorporated into Section 39-23.
CONCLUSION
The consolidation of the aforementioned sections of the City Code
and addition of a fine schedule to the Sidewalk Sweeping section
will facilitate the Code Compliance Division's ability to better 20
obtain compliance of this Chapter thus improving and maintaining
the condition of sidewalks and swale areas within the city. b
AGENDA ~_~_
ITEM Ll :.;
DATE~