HomeMy WebLinkAboutOrdinance 2025-4726ORDINANCE NO.2025-4726
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AMENDING CHAPTER 58 OF THE MIAMI BEACH
CITY CODE,ENTITLED "HOUSING,"BY AMENDING ARTICLE Ill,ENTITLED
"PROPERTY MAINTENANCE STANDARDS,"BY AMENDING SECTION 58-
298 THEREOF,ENTITLED "RESPONSIBILITIES OF OWNERS AND
OCCUPANTS",TO REQUIRE PROPERTY OWNERS OF HOUSES AND
BUILDINGS WITHIN THE CITY TO PROVIDE NOTICE OF ANIMAL TRAPPING
OR EXTERMINATION SERVICES;AND,PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,currently,Section 58-298 governs the responsibilities of owners and
occupants of buildings in the City of Miami Beach,including management of animals,pets,and
pests;and
WHEREAS,the Mayor and City Commission have determined that it is in the best interest
of the City to amend Section 58-298 to add subsection (r)to require owners of houses and
buildings within the City to provide notice to surrounding neighbors of an impending planned
animal trapping or extermination services so that these neighbors may take steps to protect their
own pets from unintended harm resulting from the trapping or extermination services.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1.Section 58-298 of Article Ill,of Chapter 58 of the City Code,entitled "Responsibilities
of Owners and Occupants,"is hereby amended as follows:
CHAPTER 58
HOUSING
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ARTICLE Ill.PROPERTY MAINTENANCE STANDARDS
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Sec.58-298.Responsibilities of owners and occupants.
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(r)Al]owners of houses and buildings within the city shall,provide ngtige by hand-delivery or
JS._Mail tg ggry residence within 5Q9 feet at least three (3)days prior to any planned animal
trapping or extermination service at the house or building,post an Alex Daoud Notice
prominently in front of the affected house or building-visible from the street-so that these
neighbors every residence within five hundred (500)feet _may take steps to protect their own
pets from unintended harm resulting from the trapping or extermination services.For the
purposes of this subsection,the Alex Daoud notice is defined as a written notice printed on
a durable,weather-resistant material no smaller than 8 ½x11inches containing the property
owner's name and contact information,and a brief description of the trapping or extermination
activity.
SECTION 2.CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach,and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Miami
Beach City Code.The sections of this ordinance may be renumbered or relettered to accomplish
such intention,and the word "ordinance"may be changed to "section,""article,"or other
appropriate word.
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 10 days after passage.
PAssED AND ADOPTED he 21 aay or/',,2025.
ATTEST:
0EC 1 2025 Steven Meiner,Mayor
Rafael E.Granado,City Clerk
(Sponsored by Commissioner Kristen Rosen Gonzalez)
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
C ity Attorney Date
2
Ordinances - RS G
MIAMIBEACH
COMMISSION MEMORANDUM
TO�. Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: May 21, 2025 9:40 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 58 OF THE MIAMI BEACH CITY
CODE, ENTITLED "HOUSING," BY AMENDING ARTICLE III, ENTITLED
"PROPERTY MAINTENANCE STANDARDS," BY AMENDING SECTION 58-
298THEREOF, ENTITLED "RESPONSIBILITIES OF OWNERS AND
OCCUPANTS," TO REQUIRE PROPERTY OWNERS OF HOUSES AND
BUILDINGS WITHIN THE CITY TO PROVIDE NOTICE OF ANIMALTRAPPING OR
EXTERMINATION SERVICES; AND, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUNDIHISTORY
On December 11, 2024, at the request of Commissioner Kristen Rosen Gonzalez, the Mayor
and City Commission approved a referral Qtem C4 P) to the Public Safety and Neighborhood �
Quality of Life Committee (PSNQLC) to discuss the proposed amendment for Section 58-298,
entitled Responsibilities of Owners and Occupants, to add subsection (r) to require owners and
occupantswithin the City of Miami Beach to provide notice to surrounding neighbors of an
impending planned animal trapping or extermination services,enabling these neighbors to protect
their own pets from unintended harm resulting hom the Vapping or extermination services.
On January 29, 2025, the item was discussed and fonvarded to the full City Commission with a
favoreble recommendation_
ANALYSIS
The proposetl ordinance amendment falls under Chapter 58 Article III Property Maintenance
Standards. Violations cited under Section 58-298 do not have an immediate penalry, but rather,
are scheduled before the Special Magistrate. Specifirally, a Code Compliance Offcer will provide
notice to the person respon�ible for such violation, cease the trapping or extermination services
immediately, outline the course of remedial action, and ensure compliance is obtained. If the
violation is not corrected, the Code Compliance Officer will execute an Affdavit of Non-
Compliance and escalate the violation to the Special Magistrate Office to schedule a heanng. The
Special Magistrate will then review the violation antl determine the corrective action and penalty.
The Code Compliance Department envisions thal these types of cases will be wmplalnt-driven
and/or referrals from Public Work's Cat Program staff.
FISCAL IMPACT STATEMENT
N/A
1360 of 2719
Does this Ordinance reouire a Business Imoact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE)was published on: 4/29/2025
See BIE at: https�flwww miamibeachfl Qovlcitv-halllciNclerklmeetinq-noticesl
FINANCIAL INFORMATION
CONCLUSION
Apolicable Area
Citywide
Is this a "Residents Rioht to Know" item. Is this item related to a G.O. Bond
pursuant to CiN Code Section 2-17� Proiect?
No No
Was this Aaenda Item initiallv reauested bv a lobbvist which as defined in Code Sec. 2A81.
includesa princioalennaaedinlobbvinn? No
If so, speciry the name of lobbyist(s) and principal(s): _
Deoartment
City Attomey
S onsor s
Commissioner Kristen Rosen Gonzalez
Co-SpOf150fISI
Condensed Title
9�.40 a.m. 2nd Rdg, Provide Notice of Trapping/E#ermination Services. (KRG) CA
Previous Action (For CiN Clerk Use Onlvl
First Reading Public Hearing on 4/23I2025 - RS P
1361 of2719