93-2833 Ordinance
ORDINANCE 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; P~)VIDING
FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF 'l~HE 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 DroDerties declared
nuisances; enclosure reauired; action by city
when owner fails to enclose.
1& unsani tary vacant properties declared nuisances. The
existence of excessive accumulation or untended qrowth of
weeds or either dead or livinq plant life or any garbaqe or
rubbish upon any vacant lot. tract or parcel of land or any
land containinq a vacant buildinq or vacant structure and
located within two hundred (200) feet of the boundary line of
anv improved property within the citv 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 breedinq place for mosquitos. or
threatens or endanqers the public health. safety or welfare.
or may reasonably cause disease or adverselv affects and
impairs the economic welfare of adiacent property is hereby
prohibited and declared to be a public nuisance.
1Ql Enclosure required.
(1) After Februarv 1. 1993. any vacant building.
structure or lot which is not completelY enclosed bY a wall or
a black or qreen 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 eiqhteen (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 em three separate
occasions within any eiqhteen (18) month period. shall be
enclosed bv its owner(s) by a wall or a black or qreen vinYl
coated fence five feet in heiqht. The Code Inspector shall
notifY said owner(s) by certified mail when a wall or a black
or qreen vinyl coated fence is reauired 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.
2
(2) In the event that an owner believes that the Code
Inspector has erred in determinina that enclosure is required
pursuant to paraaraph (a). said determination mav be appealed
to the Property Maintenance Standards Appeals Board as
provided in section l7B-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 Zonina Ordinance permits walls or
fences to exceed five feet in heiaht. the owner(s) may choose
to erect a wall or a black or are en vinYl coated fence
exceedina five feet in heiaht in keepina with that Ordinance.
Walls or fences erected pursuant to this section shall also
conform to all requirements of the Zonina Ordinance. includina
those pertainina to the type of fencina materials permitted
and required above and to the requirements of the South
Florida Buildina Code.
iQl Action bY city when owner fails to enclose. If within
fortY-five (45) davs after mailina of the notice. as stated in
paraaraph (b) (1) above. or. if an appeal is requested. within
thirty (30) days of the determination of the Board as stated
in paraaraph (b) (2) above. the required wall or fence has not
been erected. the city Manaaer or his/her desiqnee may cause
the sub;ect property to be enclosed by a black or areen 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.
iQl Unpaid costs to be special assessment lien. The city
Manaaer or his/her desianee shall certify the expense incurred
by the city in enclosina the sub; ect property. Whereupon such
expenses shall be billed to the property owner and shall
become due and payable within thirty (30) days of the mailinq
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. eaual in rank and dianity
with the lien of ad valorem taxes and shall be superior in
3
rank and diqnity to all other liens. encumbrances. titles. and
claims in. to or aqainst the property.
said lien shall be
pavable 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.
19l Notwithstandinq anything contained in this section. and
reqardless 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. includinq 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.
January
PASSED and ADOPTED this 20th
ATTEST:
~~~Cvd ~: - ~~~-
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
lE9A~PT.
. .......
By)"'. /{.//,"'-...-/ Q~~c7 a#
Date / /;2 C;? / 7'.2 \
/ "
4
OFFICE OF THE CITY ATTORNEY
~~ tlJ/fiomi ~
F
L
o
R
o
A
CITY ATTORNEY
COMKISSION MEMORANDUM NO:
POBOX 0
MIAMI BEACH, FLORIDA 33119-2032
TE PHONE (305) 673-74~'0
. T COpy (305) 673-70C2
LAURENCE FEINGOLD
DATB: JANUARY 6, 1993
SUBJBCT:
MAYOR SEYMOUR GELBER
MEMBERS OP THB CIT~YOSSION,
CITY MANAGER ROGBR M. LTON4
LAURENCB FBINGOLD--' /L . ,;' d21
CITY ATTORNEY ,~,/~~ ~
ORDINANCB REQUIRING PBNCING OP VACANT PROPERTIBS WHICH BAVE
BECOME SANITARY NUISANCBS
TO:
FROM:
The City Attorney's Office has worked with the Administration to
draft this Ordinance in response to requests from Vice Mayor Abe
Resnick and from the Miami Beach Chamber of Commerce. The Ordinance
declares that vacant lots, and properties containing vacant buildings
and structures which have become overgrown by vegetation or which have
become dumping site's for accumulations of trash and debris which
remain uncleaned, constitute public nuisances. Pursuant to this
Ordinance, the owner of such a property may be required to erect a
five foot wall or fence around the lot if 1) the lot has been found
unsanitary twice in an eighteen-month period by the Code Enforcement
Board or by a Special Master or 2) if the City has had to clear the
lot due to unsanitary conditions twice during that period. Fencing
must comply with requirements of the Zoning Ordinance and the South
Florida Building Code.
The Ordinance provides for notice to a property owner by the code
inspector when a fence is required, and allows the owner forty-five
days to erect the fence. As with other property maintenance
violations, in the event that a property owner disagrees with the
inspector's determination, he/she may appeal that determination to the
City's Property Maintenance Standards Appeals Board. If the
inspector's determination is sustained by the Board, the property
owner must then fence the property within thirty days of the Board's
decision.
If the property owner fails to fence the property when required,
the Ordinance permits the City to fence the lot at the owner's
expense. Chain link would be used where permitted by the zoning
Ordinance. The City would then bill the owner. Any such bill which
is not paid within thirty days of the mailing of the bill would become
a special assessment lien upon the property.
This Ordinance creates a new Section, 17B-29.1 within Chapter 17
of the Miami Beach City Code which contains maintenance standards for
all properties within the City. The requirements of the new Section
are additional to those contained in the current Section 17B-29
regarding standards for vacant lots and properties. Owners of vacant
lots and properties are still required to keep their properties clean
regardless of whether or not the properties have been enclosed by a
wall or fence pursuant to the new Section. The current Section 17B-29
containing standards for vacant properties has been included herein4~.
for your reference.
AGENDA
SWS:scf :di sk.cm\V8cprop.cm ITEM
R- 3- D---
1- 2o.Cf3
ot-. TE
.'_ -:: ~,~. ='\- =.'\ ==~\.-== := ,=- - =- ~ - =-_ =_:= =:',= - 1/ :....~/