Ordinance 82-2320ORDINANCE NO. 82-2320
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REPEALING SECTION 25-
9 AND ENACTING A NEW SECTION 25-9 OF THE MIAMI
BEACH CITY CODE PROHIBITING STRUCTURES ON
CERTAIN OCEANFRONT PROPERTY; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA;
SECTION 1:
Section 25-9 of the Code of the City of Miami Beach is hereby
repealed in its entirety.
SECTION 2:
The Code of the City of Miami Beach is hereby amended by adding the
following section:
SECTION 25-9 STRUCTURES ON CERTAIN OCEANFRONT PROPERTY
PROHIBITED.
A. Except for structures erected as part of the Beachfront
Park and Promenade Project, it shall be unlawful for any
person, corporation, or business entity to construct,
maintain or allow to remain any structure on any
oceanfront property seaward of the erosion control line
established in accordance with the provisions of Chapter
161, Fla. Stat. (1981).
B. As used herein, "structure" shall mean anything
constructed or erected, the use of which requires
permanent location on the ground. Among other things,
structures include buildings, walls, fences, signs and
screen enclosures.
SECTION 2: SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion sha]1 be
-1-
OFFICE OF THS CITY ATTORNFY • 1700 CnNVFNTInN CFNTFR nRIVF MIAMI RFArFI FI nRlnn 11t1(1
deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions of
this Ordinance.
SECTION 3: EFFECTIVE DATE.
This Ordinance shall take effect 10 days after adoption on
7/17 , 1982. This Ordinance shall apply to all existing
structures, which shall be removed within a reasonable period of
time after the effective date of the Ordinance, as determined by
the City Manager.
PASSED and ADOPTED this 7th day of July , 1982.
Attest:
City Clerk
1st Reading - May 19, 1982
2nd Reading - July 7, 1982
CK:kt
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Mayor
By
Date
APPROVED
LEGAL DEPT.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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