Ordinance 80-2239ORDINANCE NO. : 80-2239
AN ORDINANCE AMENDING CHAPTER 7 OF THE
CODE OF THE CITY OF MIAMI BEACH BY THE
ADDITION OF SECTIONS REQUIRING SEAWALLS
TO BE PROPERLY MAINTAINED AND PROVIDING
A PENALTY FOR SUCH NON -MAINTENANCE;
PROVIDING THAT LIMBS OR VEGETATION
OVERHANGING SEAWALLS MUST BE REMOVED AND
ESTABLISHING A PENALTY; PROVIDING THAT
DERELICT VESSELS OR HOUSEBARGES ARE
UNLAWFUL AND ESTABLISHING A PENALTY;
PROVIDING THAT THE DEPOSIT_OF CERTAIN
DEBRIS INTO WATER IS UNLAWFUL; PROVIDING
FOR SEVERABILITY.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION: 1. That Chapter 7, section 7-67 of the Miami Beach
Code be amended by the addition of sections
(4) and (5) to read as follows:
(4) All seawalls must be maintained in good repair
so that upland soil, sand, grass or like substance
may not escape into any waters within the City of
Miami Beach.
(5) It is unlawful for any tree, vegetation
or any other organic matter to protrude•over any
seawall in such a way as to obstruct navigation in any way..
SECTION 2.
That Chapter 7 is hereby amended.by the addition
of a new section 7-67A to read as follows:
Sec. 7-67A Penalty
Non-compliance with any provision of this Article is
subject to penalty as described in section 7-22 of
the Miami Beach Code.
SECTION 3. That Chapter 7,- Section 7-84 is hereby amended to read
as follows:
Sec. 7-84 Disposition of derelict vessel.
It is unlawful for any reason to allow a vessel or
housebarge to become derelict as described in section
7-83 of the Miami Beach Code.
The City may, in addition to filing a notice of
violation, cause a derelict vessel or housebarge
to be immediately taken into custody. Upon taking
custody of a derelict vessel, or housebarge, the
city shall concurrently (1) publish a notice of
intended disposition, once in a newspaper of general
circulation; (2) when possible, post a notice of
intended disposition on the vessel, or housebarge,
and (3) serve a duplicate original of the notice
of intended disposition by certified mail, return
receipt requested on (a) the registered owner of the
vessel, or housebarge,.if known, at his last known
address or the address on record in the United States
Coast Guard or
who have filed
in the name of
records of the
U.S. Customs, and (b) all lien holders
a •f -i c• -i -ng financial statement indexed
the registered owner or.who are shown on the
United States Department of Transportation
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
or United States Coast Guard or U.S. Customs.
If the vessel, or housebarge is not repossessed
within twenty (20) days after the publication
or mailing of the notice whichever occurs later,
the vessel, or housebarge may be disposed of by
negotiated sale except that, when two or more
purchasers indicate an interest in purchasing
the vessel or housebarge, said vessel or house-
barge•will be sold at public auction to the
highest bidder. If no purchaser expresses a
desire to purchase the vessel or housebarge,
said vessel or housebarge may be destroyed by the
City.
SECTION 4. That Chapter 7, is hereby amended by the addition
of a new section 7-84A to read as follows:
Sec. 7-84A Penalty.
All persons who violate the provisions of this
Article are subject to penalty as described in
section 7-22 of the Miami Beach Code.
SECTION 5. That Chapter 7, section 7-94(a) is hereby amended
to read as follows:
Sec. 7-94 Pollution of waters prohibited, controls
permitted.
erson (corrected
(a) It shall be unlawful for any re-aee% to throw, 11/24/80,em)
discharge, deposit, drain or run into any waters
of the City, or to cause, permit, or allow te-suffer
to be thrown, discharged, deposited, drained, or run
into such water, any organic or unorganic matter
that may cause or tend to cause water pollution.
Specifically, no person, including the owner,
operator or other responsible person shall throw,
discharge, deposit or permit to fall from any
vessel, housebarge, watercraft, land or any other
source, any noxious or deleterious matter into the
waters, including: oil, spirits, or flammable liquid,
sewage or waste matter, including food, excrement
or other "wet garbage", trash debris or refuse
industrial wastes, contaminated cooling water, er
ether -waste, soil, vegetation, tree limbs, grass
clippings and like yard maintenance debris, or other.
similar substances.
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SECTION 6. SEVERABILITY. If any section, sub -section, sentence,
clause, phrase, or portion of this Ordinance is,
for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portions of this Ordinance.
SECTION 7. This ordinance shall become effective upon its
passage in accordance with law.
PASSED and ADOPTED this 5th day of November , 1980.
ATTEST:
City lerk 1st Reading -October 15,1980
2nd Reading -November 5,1980
Words in strueh-threagk-type are deletions.
Words in underscore type are additions.
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FORM ARROW
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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