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Ordinance 2025-4726 ORDINANCE 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 III, ENTITLED "PROPERTY MAINTENANCE STANDARDS," BV AMENDING SECTION 58-298THEREOF, ENTITLEU "RESPONSIBILITIES OF OWNERS AND OCCUPANTS",TO REQUIRE PROPERTY OWNERS OF HOUSES AN� 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 govems lhe responsibilities of owners and occupants ot builtlings in the City of Miami Beach, including management of animals, pets, and pesis; and WHEREAS, the Mayor and City Commission have determined that it is in ihe best interest of the City to amend Section 58-298 to adtl subsection (r) to require owners o( 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 8Y THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Section 58-298 of Article III, of Chapter 58 of the City Code, entitled "Responsibilities ot Owners and Occupants," is hereby amended as follows: CHAPTER58 HOUSING ARTICLE III. PROPERTY MAINTENANCE STANDARDS Sec. 58-298. Responsibilities of owners and occupants. (r) All owners of houses and buildinqs within the citv shall provide notice bv hand-delivery or U.S. Mail to every residence wi[hin 500 feet at least three (31 days orior to anv olanned animal trappinq or extermination service at ihe house or buildina so that Ihese neiqhbors mav take steps to orotect their own oets from unintended harm resultinq from the traooino or eztermination services. 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 matle 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 pahs 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 nol be affected by such inva�idity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect 10 days after passage. PASSED AND ADOPTED this a�I day of � , 2�� ATTEST�. �, ,� %�� �Ay i � 1�2F� Steven Meiner, Mayor Rafael E. Grenado, City Clerk (Sponsored by Commissioner Kristen Rosen Gonzalez) �,�..;� .. . . . ��..:...�.�� � ��AP OAAlf4 = � :'� i;°s 1� l 2�3�Zo2 f- 4.,.. .-'��i: '�tJ � .. rCH 26'_/ � 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