HomeMy WebLinkAboutOrdinance 98-36
ORDINANCE NO. 98- 3 ~
ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA
AMENDING CHAPTER 19, LOT JUNK, GARBAGE AND TRASH
CLEARING OF THE MIAMI-DADE COUNTY CODE TO AMEND
SECTION 19-3(L) VIOLATIVE CONDITIONS; TO AMEND SECTION 19-5
SCHEDULE AND FAILURE TO COMPLY AND SECTION 19-7
CONDITION TO BE REMEDIED BY COUNTY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in accordance with Section 8.3 of the City Charter the City of Sunny Isles
Beach adopted the Code of Metropolitan Dade County as its own Code, substituting the City of
Sunny Isles Beach for the term "County" where applicable; and
WHEREAS, Chapter 19 of the Miami-Dade County Code which deals with Lot Junk,
Garbage and Trash Clearing is applicable within the City of Sunny Isles Beach as enforced by the
City's Zoning Code and Administrator; and
WHEREAS, the City of Sunny Isles Beach wishes to make more stringent some of the
provisions of said Chapter in an effort to implement the beautification program being promoted by
the City Commission of the City of Sunny Isles Beach;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Section 19-3(B) the word "Director" in accordance with Chapter 19 shall mean the
City Manager or the Manager's designee.
Section 2.
Section 19-3(L)Violative Conditions, shall mean one of the following situations exist:
1. Growth or accumulation of any grass, weeds, undergrowth or other dead
plant life on an improved lot which exceeds the height of 8" from the ground
for more than 25% of the area to be maintained. Sections L (2), (3) and (4)
shall remain in full force and effect.
Section 3.
Section 19-5 Schedule and failure to comply. Subsection (C)(I) Unimproved Lot
shall be amended as follows:
(1) Unimproved lot. It shall be the responsible of each owner of an
improved lot to undertake maintenance action on their lot to maintain
clean and free of weeds, brush and undergrowth every calendar
month.
Section 19-5(C)(2) shall be amended as follows:
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Lot Junk Ord.
(2) Improved Lots. It shall be the responsibility of each owner of an
improved lot to maintain their lots so that a violation condition does
not exist but not less than once per month.
Section 19-5(D)(1) shall be amended to read as follows:
"If an owner fails to comply with any portion of this Section he shall be cited
pursuant to Ordinance 98-21 and shall be given five (5) calendar days to
correct violative condition after service of notice in accordance with said
Code Enforcement Ordinance."
Section 19-5(D)(2) shall read:
"If the owner is found guilty by the Special Master the owner shall pay a
$250.00 fine and will be required to correct the violative condition within
three (3) calendar days of the hearing.
If the owner does not appeal or if the owner after being found guilty at the
hearing does not correct the violative condition in the time frame specified in
this Section, the Director shall promptly cause the violative conditions to be
remedied by the City as described in Section 19-7."
Section 19-10 Code Enforcement. Failure to comply with any provisions set forth
in this chapter shall subject an owner to the civil penalties listed in Exhibit "A" of
Ordinance No. 98-21.
Section 19-11 is hereby repealed and deleted in its entirety.
All other sections of this Chapter 19 which are not otherwise modified by the
provisions of this Ordinance shall remain in full force and effect.
Severability. If any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared invalid or unconstitutional by the judgment or decree of a court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this ordinance.
Effective Date. This Ordinance shall become effective when passed by the City
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Commission of the City of Sunny Isles Beach, Florida and signed by the Mayor of the City
of Sunny Isles Beach, Florida.
PASSED AND ADOPTED on first reading the 2~'day of May, 1998.
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PASSED AND ADOPTED on second reading this l day of , 1998.
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David Samson, Mayor
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Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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Lynn M. Dannheisser, City Attorney
Motion on second reading by:
Second on second reading by:
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Vote:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
v(yes)
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_(no)
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Lot Junk Ord,