HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: April 8, 2021
RE: Proposed Ordinance - March 11, 2021
The proposed Ordinance updates Chapter 46 of the Code of the City of
Miami, Florida, as amended, pursuant to recent amendments to Section
893.138, Florida Statutes.
File No.: 8608
The proposed Ordinance amends Chapter 46/Article I of the Code of the City of
Miami, Florida, as amended, to keep it up to date with Section 893.138, Florida Statutes
and the changes that took effect in 2020. The amendment will allow the City to also use
criminal activity such murder, attempted murder, aggravated battery, and aggravated
assault as triggers for the creation of a nuisance property. It will also provide a 30-day
option to rehabilitate for owners of rental properties prior to any abatement or forfeiture.
Attachment(s)
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/RSGD/vja
City of Miami File ID: 8608 (Revision:) Printed On: 412012021
4 City of Miami
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Legislation
" $ ` Ordinance
Enactment Number: 13988
File Number: 8608
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:4/8/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
46/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "PUBLIC NUISANCES/DEFINITIONS", TO UPDATE THE
CITY CODE BASED UPON THE RECENT AMENDMENT TO SECTION 893.138,
FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, in 2020, Governor Ron DeSantis signed into law Committee Substitute for
House Bill No. 625 enacted by the Florida Legislature during the 2020 legislative session to,
among other things, amend Section 893.138, Florida Statutes, relating to public nuisances; and
WHEREAS, Section 162.05, Florida Statues, authorizes municipalities to create
administrative boards with the power to impose administrative fines and other noncriminal
penalties in order to provide an equitable, expeditious, effective, and inexpensive method of
enforcing ordinances when a pending or repeated violation of certain enumerated violations
continues to exist; and
WHEREAS, in accordance with Section 893.138, Florida Statutes, the City of Miami
("City") created and empowered the Nuisance Abatement Board ("NAB") by creating Chapter 46
of the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, Chapter 46 of the City Code provides that the Code Enforcement Board is
designated and established to perform the powers and duties of the NAB; and
WHEREAS, the powers of the NAB are strictly limited to the powers provided in Section
893.138, Florida Statutes; and
WHEREAS, the recent amendments to Section 893.138, Florida Statutes, provides more
options for prosecution and will provide the City with more tools to enforce and abate public
nuisances; and
WHEREAS, it is necessary for the City to amend the City Code in order to make Chapter
46 of the City Code consistent with the newly amended statute; and
WHEREAS, the Miami City Commission finds that this amendment is in the best
interests of the residents and businesses of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
City of Miami File ID: 8608 (Revision:) Printed On: 412012021
Section 2. Chapter 46 of the City Code is amended in the follow particulars:'
"CHAPTER 46
PUBLIC NUISANCES
Sec. 46-1. Definitions.
For the purpose of this chapter a "public nuisance" is defined as any place or premises that
has been used:
(1) On more than two occasions within a six-month period, as the site of a violation of F.S.
§ 796.07 as amended, entitled "Prohibiting prostitution, etc.";
(2) On more than two occasions within a six-month period, as the site of the unlawful sale,
delivery, manufacture, or cultivation of any controlled substance;
(3) On one occasion as the site of the unlawful possession of a controlled substance,
where such possession constitutes a felony and that has been previously used on more
than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of
any controlled substance;
(4) By a criminal street gang for the purpose of conducting a pattern of criminal street
gang activity as defined by F.S. § 874.03 as amended; or
(5) On more than two occasions within a six-month period, as the site of a violation of F.S.
§ 812.019 as amended, relating to dealing in stolen property.
(6) On more than two (2) occasions within a six (6) month period, as the site of a violation of
any combination of the following:
1. Section 782.04, Florida Statues, relating to murder;
2. Section 782.051, Florida Statues, relating to attempted felony murder:
3. Section 784.045(1)(a)2, Florida Statues, relating to aggravated battery with a deadly
weapon; or
4. Section 784.021(1)(a), Florida Statues, relating to aggravated assault with a deadly
weapon without intent to kill.
Such property may be declared to be a public nuisance, and such nuisance may be
abated pursuant to the procedures provided in this chapter.
For the purpose of this chapter "operator" means an owner or person having possession or
charge of as agent or otherwise having interest in or control of the building, place or premises.
For the purpose of this chapter, "complaint" shall mean the official process by which cases are
initiated and brought before the nuisance abatement board.
Notwithstandinq any other law, a rental property that is declared a nuisance under this Section
may not be abated or subject to forfeiture under the Florida Contraband Forfeiture Act if the
nuisance was committed by someone other than the property owner and the property owner
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanaed material.
City of Miami File ID: 8608 (Revision:) Printed On: 412012021
commences rehabilitation of the property within thirty (30) days after the property is declared a
nuisance and completes the rehabilitation within a reasonable time thereafter.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
Un nd e�z, CCiiity lAttor ey 2/2412021
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 8608 (Revision:) Printed On: 412012021