93-2842 Ordinance
ORDINANCE 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 l7B-29.2 of Miami Beach City Code Chapter
l7B-29, entitled "Property Maintenance Standards" is hereby created
to read as follows:
Sec. 17B-29.2. Lot clearance bv city; liens; foreclosure.
1& As an al ternati ve to the enforcement procedures set forth
in Section l7B-l8 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 veqetation and debris as required bv
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section 17B-29 of this Code, the City Manaqer or his desiqnee shall
give notice as provided herein requestinq the owner(s) to remedy
the condition within fifteen (15) days after service of such
notice.
LQl Such notice shall be qiven 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 postaqe prepaid. The notice shall be in substantiallY
the followinq form:
"Date
Name of owner:
Address of owner:
our property records indicate YOU to be the owner(s) of the
followinq described property in the city of Miami Beach:
"An inspection of this property discloses, and the city
manaqer 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, qrass or underqrowth,
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 $75.00 for administrative charqes, for a total cost of
This notice will be the onlY notice qiven to you in a period
of one (1) year from this date. Any other violations
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occurrinq under this section shall be remedied bv the city
without further notice."
Very truly yours,
city Manaqer
l.9l Upon failure of the owner of property to remedy the
conditions existing in violation of the requirements of ~~$:,~~gp
~?I;;f~~ within fifteen (15) days after service of notice to do so.
then the city manaqer or his desiqnee shall proceed to have such
condition remedied bv contract or direct labor. or both. and the
cost thereof shall become a special assessment lien aqainst such
property thirty (30) days after notice of completion of the work bv
the city. said special assessment lien shall be equal in rank and
diqnitv with the lien of ad valorem taxes and shall be superior in
rank and diqnitv to all other liens, encumbrances, titles, and
claims in, to or aqainst the property. Said lien shall be payable
with interest at the leqal rate from the date of the certification
until paid. and may be foreclosed in the manner provided bv law or
ordinance. ~ig~~~l.i,il~gi!i~llgP.~'g~l~gl~gn~?I:~~g~'i~i!)@\n.g":~~:I~'wI
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iQl Notwithstandinq section 17B-14 of this Code, the filinq
of an appeal from the city's determination of the need for lot
clearance by the city shall not delay action bv the city as
described in paraqraph (c) above. An aqqrieved property owner may
appeal this determination and said appeal shall be heard bv a
special master appointed bv the city Commission upon recommendation
of the city Manaqer. The hearinq 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
Apr il
ATTEST:
~ [.,~
CITY CLERK
1st reading 4/8/93
2nd reading 4/21/93
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FOReAPP VEO
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By' ~
Date :~,~
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: April 21, 1993
FROM:
SUBJECT:
REVISIONS TO THB PROPBRTY MAINTBNANCB STANDARDS, CHAPTBR
17B O~ THB CITY CODB RBGARDING 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.
Analvsis:
Sect. 17B-29.2(a)
provides for owner to maintain premises
clean and free of vegetation and debris or
City Manager or designee shall give notice
to remedy.
Sect. 17B-29.2(b)
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.
Sect. 17B-29.2(c)
provides procedures to remedy violation
conditions, costs to become special
assessment liens.
Sect. 17B-29.2(d)
provides a method by which property owners
may appeal.
CONCLUSION
The accumulation of trash, waste and untended overgrown plant
growth provide suitable 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.
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AGI~~~~ _ '3 - E
DATE
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