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HomeMy WebLinkAboutOrdinance 2000-87 ORDINANCE NO. '2.000- ~l AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-4.2 OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY SECTION 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH, TO IMPOSE MORE STRINGENT STANDARDS FOR MAINTENANCE OF PROPERTY, BUILDINGS, STRUCTURES, WALLS, FENCES, SIGNS,P A VEMENT AND LANDSCAPE; PROVIDING FORA REPEALER; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach, by virtue of Section 8.3 of the City Charter adopting the Code of Miami-Dade County as its own, wishes to impose more stringent requirements on the maintenance of property in order to improve and enhance the aesthetic environment of the City; and WHEREAS, the City wishes to include in this maintenance action, walls, fences, signs, pavement and landscape; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 33-4.2, entitled "Maintenance of Buildings, Non-Dwelling Structures and Fences" is hereby amended as follows: Section 33-4.2, Maintenance of Property , Buildings, Structures, Walls. Fences, Sips. Pavement and Landscapine:. I. The owners of all property within the City shall maintain said property. including any building structures (accessory or otherwise) walls. fences. signs. pavement and landscape in good and safe condition. so as to present a healthy. clean and orderly apj>earance. All property shall be kept free from any accumulation of garbage. trash or litter. All vegetation shall be maintained to minimize property damage and public safety hazards. including removal of dying or dead plant material. removal oflow-hanging branches and trimming or removal of plant material obstructing sidewalks. street lighting and safe sight distance triangles. (A.) Every building, every accessory structure, including but not limited to garages, carports, cabanas, storage buildings and swimming pools, every wall, fence and sign and every parking lot Amendment of Section 33-4.2 Standards for Building-Property Maintenance Ord. LMD:ch 11/30/99 --10: lAM -1- driveway. deck. patio and other paved surface shall comply with the following requirements: (1) Every foundation and footer, every exterior and interior wall, roof, floor, ceiling, window and door, every wall. fence and sign and every parking lot. driveway. deck. patio and other paved surface shall be structurally sound and maintained in good repair. (2) Every building and structure shall be kept in a clean and sanitary condition free from trash. rodents, insects and vermin. (3) Every exterior yard. parking lot driveway. patio. swimming pool and deck shall be kept in a clean and sanitary condition free from trash. rodents and vermin. (4) The roof of every building and structure shall be maintained in a wateq>roof condition and be well drained of rainwater. All roofs and gutters shall be kept free of debris. mold. mildew and faded or chipj>ed paint and must be repainted. recovered or cleaned when twenty-five (25%) percent or more of any exposed surface becomes discolored or is scaling. (5) All exterior surfaces subject to deterioration shall be properly maintained and protected from the elements by paint or other approved coating, applied in a workmanlike fashion. All exterior surfaces including walls. trim. doors and signs shall be properly maintained in a clean and sanitary condition. free of dirt. mold. mildew and faded or chipped paint. and must be repainted. recovered or cleaned when twenty-five (25%) percent or more of anv exposed surface becomes discolored or is peeling. @ Every parking lot. driveway. deck or other paved surface shall be maintained free of cracks and potholes. and any required pavement markings shall be maintained in a clearly legible condition. .em. The owners of all improved propertY within the City shall maintain the landscaping on said property in accordance with the following requirements: ill Landscaping shall be maintained to prevent property damage and public safety hazards. including removal of diseased dying or dead plant material. removal of branches hanging low over adioining streets or sidewalks. and trimming or removal of plant material obstructing sidewalks. parlciru! lot and street lighting and safe sight distance triangles. Amendment of Section 33-4.2 Standards for Building-Property Maintenance Ord. LMD:ch 11/30/99 --10: lAM -2- ill Landscaping shall be kept free of visible signs of insects and disease. ill Landscaping shall be irrigated and fertilized to maintain a healthy condition. ill Three (3) inches of clean. weed-free mulch shall be maintained over all areas required to be mulched. ill Lawns and other sodded areas shall be mowed on a regular basis so that the grass does not exceed eight (8) inches in height. @ All pavement areas shall be edge-trimmed to prevent encroachment of sod and ground covers. ill Irrigation systems shall be maintained to prevent water loss due to damaged. missing or improperly operating s.prinkler heads. emitters and pipes. The irrigation system shall not over-spray public roads or sidewalks. 00 All properties shall be maintained free of nuisance plant species. including but not limited to Brazilian Pepper. Australian Pine and Melaleuca. (2) The property owner is res.ponsible for re.placing any plant material required by this Code which has died or been removed. D..ID Root systems which show evidence of damaging structures. utilities. streets. sidewalks or other paved areas shall be removed and appropriate root barriers shall be installed. ~ The owners of all vacant property. including cleared property. shall maintain said propertY in accordance with the following requirements: ill All vacant property shall be kept free from any accumulation of construction debris. garbage. trash or litter. ill Any vegetation shall be maintained to minimize property damage and public safety hazards. including removal of dead plant material removal of low-hanging branches. and trimming or removal of plant material obstructing sidewalks. street lighting and safe sight distance triangles. Amendment of Section 33-4.2 Standards for Building-Property Maintenance Ord. LMD:ch 11/30/99 --10: lAM -3- ill All cleared property shall be maintained in a condition to prevent blowing sand or dust and erosion onto adioining properties. rights of way and water bodies. Property which has been cleared shall be cleaned of any demolition debris. shall be provided with a temporary irrigation system. shall be seeded or sodded and shall be maintained in a neat and clean condition. ill All vacant property shall be fully enclosed with either a CBS. concrete walL wood wall or coated chain link. ill No CBS. concrete walL wood wall or coated chain link shall be placed on vacant property closer than five (5') feet from front or side street property lines. @ The area between the fence and the from and side street property lines shall contain a continuous extensively landscaped buffer which must be maintained in a good healthy condition by the property owner. The landscaped buffer shall contain one or more of the following planting materials: ill Shrubs and Hedges -- shall be a minimum of three (3 ') in height when measured immediately after planting. ill Vines -- shall be a minimum of36 inches in height. ill Trees -- shall a have a minimum height often (1 0') feet with a clear trunk of four (4') feet at time of planting. Trees shall be spaced 20' on center. @ It shall be the ioint responsibility of the owner of any property upon which construction is occurring and any contractor responsible for said construction to ensure that all construction materials. waste and trash are contained upon the property: ill The property owner and contractor are res.ponsible for ensuring that all streets and sidewalks adioining the construction site remain free of any construction materials. debris or waste. ill All construction waste and debris shall be kept within containers or within a specifically designated area which is fenced or otherwise enclosed. ill Upon a warning of severe weather. the contractor is responsible for securing loose construction material and debris. Amendment of Section 33-4.2 Standards for Building-Property Maintenance Ord. LMD:ch 11/30/99 --10: lAM -4- lL UNSANITARY VACANT PROPERTIES DECLARED A NUISANCE. The existence of excessive accumulation or untended growth ofleaves or either dead or living plant material. any garbage or rubbish upon a vacant lot. tract. or parcel ofland. or any land containing a vacant building or vacant structure and located within 200 feet of the boundary line of any improved Droperty within the Cit;yto the extent and in the manner that such property is or may become infested or inhabited by rodents. vermin or wild animals or may furnish a breeding place for mosquitoes. or threatens or endangers the l>ublic health. safet;y or welfare or may reasonably cause disease or adversely affect or impair the economic welfare of the adiacent property. is hereby prohibited and declared to be a public nuisance. III. Failure to comply with any provisions set forth in this Ordinance shall subiect an owner to the civil penalties listed in Exhibit "A" to Ordinances No. 98-21 (as amended by Ordinance Nos. 98-57 and 99- 71) and Ordinance No. 99-73. IV. ACTION TAKEN PURSUANT TO THIS ORDINANCE IS DECLARED CUMULATIVE. Any action taken pursuant to this Ordinance in regard to maintenance of property shall be considered cumulative and in addition to penalties and other remedies provided elsewhere in the Cit;y's Code. Section 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. Severabilit;y. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 4. Inclusion into the Code. The provisions of this Ordinance shall be included and incorporated into the Code of Ordinances of the City of Sunny Isles Beach as an addition thereto and the sections of this Ordinance may be renumbered to conformed to any uniformed numbering system. Section 5. Effective Date. This Ordinance shall take effect ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading this 9th day December, 1999. Amendment of Section 33-4.2 Standards for Building-Property Maintenance Ord. LMD:ch 11/30/99 --10: lAM -5- ~ 200 V PASSED AND ADOPTED on second reading this 2-D day of ~~J-~ ~ ATIEST: ' . , Y I e;.... - """-*, v ~:. "'._ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Moved by: ~',\S"I"V\ ~-- Seconded by: \) ~t..t.. ~ Vote: L1- 0 - \ Mayor Samson V (Yes) _(No) Vice Mayor Morrow ./ (Yes) _(No) Commissioner Iglesias ..L(Yes) _(No) Commissioner Kauffman ~(Yes) _(No) ../ p. ks.e-.!- Commissioner Turetsky _(Yes) _(No) Amendment of Section 33-4.2 Standards for Building-Property Maintenance Ord. LMD:ch 11/30/99 --10: lAM -6-