HomeMy WebLinkAboutOrdinance 2001-125
ORDINANCE NO. 2001- I ~5
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NUMBER
2000-87 & 2000-98; TO INCLUDE A SUBSECTION (F) ENTITLED
"TERMITES; DEVELOPMENT OF LAND; ANNUAL INSPECTION;
PROVIDING FOR THE MANDATORY TREATMENT OF VACANT
LAND; PROVIDING FOR THE ANNUAL INSPECTION OF MULTI-
COMPLEX DWELLINGS OF TEN (10) UNITS OR MORE; PROVIDING
FOR PENALTIES; PROVIDING FOR A REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; 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 Commission find that termites, including Formosan termites, have
the potential to cause great damage to property and by this ordinance, this City can serve to
mitigate the potential damage to be inflicted by termites.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Ordinance numbers 2000-87 and 2000-98 which amended Section 33-4.2 of the
zoning code as. adopted, entitled "Maintenance of Property, Buildings, Structures,
Walls, Fences, Signs, Pavement and Landscaping" is hereby amended as follows:
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 appearance. 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 of 10w-hangin!Lbranches 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, driveway, deck, patio and other paved surface shall comply with the following
requirements:
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(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
waterproof condition and be well drained of rainwater. All roofs and
gutters shall be kept free of debris, mold, mildew and faded or chipped
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 any exposed surface becomes discolored or is peeling.
(6) 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.
(B) The owners of all improved property within the City shall maintain the
landscaping on said property in accordance with the following requirements:
(1) 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 adjoining streets or sidewalks, and
trimming or removal of plant material obstructing sidewalks, parking lot
and street lighting and safe sight distance triangles.
(2) Landscaping shall be kept free of visible signs of insects and disease.
(3) Landscaping shall be irrigated and fertilized to maintain a healthy
condition.
(4) Three (3) inches of clean, weed-free mulch shall be maintained over all
areas required to be mulched.
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02001 - Amendment of Ordinance No. 2000-87 & 2000-98 (33-4.2)
(5) Lawns and other sodded areas shall be mowed on a regular basis so that
the grass does not exceed eight (8) inches in height.
(6) All pavement areas shall be edge-trimmed to prevent encroachment of sod
and ground covers.
(7) Irrigation systems shall be maintained to prevent water loss due to
damaged, missing or improperly operating sprinkler heads, emitters and
pipes. The irrigation system shall not over-spray public roads or
sidewalks.
(8) All properties shall be maintained free of nuisance plant species, including
but not limited to Brazilian Pepper, Australian Pine and Melaleuca.
(9) The property owner is responsible for replacing any plant material
required by this Code which has died or been removed.
(10) 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.
(C) The owners of all vacant property, including cleared property, shall maintain said
property in accordance with the following requirements:
(1) All vacant property shall be kept free from any accumulation of
construction debris, garbage, trash or litter.
(2) 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.
(3) All cleared property shall be maintained in a condition to prevent blowing
sand or dust and erosion onto adjoining 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.
(4) All vacant property shall be fully enclosed with either a CBS, concrete
wall, wood wall or coated chain link.
(5) 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.
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02001 - Amendment of Ordinance No. 2000-87 & 2000-98 (33-4.2)
(6) The area between the fence and the form 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:
(1) Shrubs and Hedges -- shall be a minimum of three (3') in height
when measured immediately after planting.
(2) Vines -- shall be a minimum of36 inches in height.
(3) Trees -- shall a have a minimum height of ten (10') feet with a
clear trunk of four (4') feet at time of planting. Trees shall be
spaced 20' on center.
(D) It shall be the joint 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:
(1) The property owner and contractor are responsible for ensuring that all
streets and sidewalks adjoining the construction site remain free of any
construction materials, debris or waste.
(2) All construction waste and debris shall be kept within containers or within
a specifically designated area, which is fenced or otherwise enclosed.
(3) Upon a warning of severe weather, the contractor is responsible for
securing loose construction material and debris.
(E) It shall be the responsibility of the property owner to eliminate any rodents,
insects, or any other vermin prior to the demolition of any structure, including but not
limited to the fumigation and/or the tenting of said structure. No demolition permit shall
be issued without providing evidence of the appropriate extermination and elimination of
any rodents, insects or any other vermin. The property owner shall submit a signed and
notarized affidavit affirming the fact that the appropriate extermination has occurred by a
licensed pest control company, along with the receipt for service from such company, at
the time of the submission of the application for a demolition permit to the Building
Department.
(F) It shall be the responsibility of property owner's to prevent damage to their
property by Termites as follows:
(1) Upon commencement of residential or commercial development upon
any vacant parcel of land in the City. the owner of such parcel shall
cause the property to be treated for the prevention of termite damage
(including F ormosan termites) and shall provide a certification of
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02001 - Amendment of Ordinance No. 2000-87 & 2000-98 (33-4.2)
treatment to the Building Official of the City. on a form provided by
City. prior to the issuance of a certificate of occupancy by the City's
Building Official. The certification of treatment shall specifically
identitY the treatment system. which was applied.
(2) Commencing from and after July 1. 2001. each multi-complex
dwelling. often (10) units or more. shall be required to have an annual
inspection of the building for termite activity or damage (including
activity or damage from Formosan termites). The owner of such
building shall be responsible for providing for the inspection and pest
control by a State licensed professional. In the case of cooperative
buildings. the cooperative owners association shall be the party
responsible for providing for, such inspection. In the case of
condominiums. the condominium association shall be the party
responsible for providing for such inspection. As to buildings for
which it has the authority to provide termite treatment. the
homeowners association shall be jointly responsible with the owner for
providing such inspection. The annual inspection shall be conducted
at any time between the period of May 1 to July 31 of each year.
Within ten days of completion of the annual inspection. a copy of the
report thereof shall be provided by the responsible party to the City's
Code Enforcement Department on a form provided by City.
(3) The Code Enforcement Department shall periodically compile the
results of termite inspection reports furnished to it pursuant to this
Section.
IT. UNSANITARY VACANT PROPERTIES DECLARED A NUISANCE. The existence
of excessive accumulation or untended growth of leaves or either dead or living plant material,
any garbage or rubbish upon a vacant lot, tract, or parcel of land, or any land containing a vacant
building or vacant structure and located within 200 feet of the boundary line of any improved
property within the City to 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 public health, safety or welfare or may reasonably
cause disease or adversely affect or impair the economic welfare of the adjacent property, is
hereby prohibited and declared to be a public nuisance.
m. Failure to comply with any provisions set forth in this Ordinance shall subject 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.
N. 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 City's Code.
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02001 - Amendment of Ordinance No. 2000--87 & 2000-98 (33-4.2)
Section 2. Repealer. Any and all ordinances, resolutions and parts of ordinances or
resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or
in conflict herewith.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of the Ordinance shall, for any reason, be held invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this Ordinance but shall remain in effect, it being the legislative intent that
this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny
Isles Beach Code~ that the sections of this Ordinance may be renumbered or re-Iettered to
accomplish such intentions~ and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 5. Effective Date. This Ordinance shall take effect ten (10) days after adoption on
second reading.
PASSED AND ADOPTED on first reading this 21st day of June, 2001.
PASSED AND ADOPTED on second reading this 12th day ofJ
ATTEST:
~~cn;~
~ Ri~hard Brown-Morina, City Clerk
APROVED AS TO FORM
AND LEG SUFFICIENCY:
Moved by: ~O~OfJ~~R.lIW
Seconded by: ~ ~ AN
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02001 - Amendment of Ordinance No. 2000-87 & 2000-98 (33-4.2)
VOTE: 5-0
Mayor David Samson
Vice Mayor Lila Kauffinan
Commissioner Daniel Iglesias
Commissioner Connie Morrow
Commissioner Irving Turetsky
02JOl - Amendment of Ordinance No. 2000--87 & 2000-98 (33-4.2)
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