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Home My WebLink AboutO-14008City of Miami 4 Legislation Ordinance: 14008 File Number: 8892 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/10/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS", BY ESTABLISHING A NEW ARTICLE XII, TITLED "FENCE REQUIREMENTS FOR DISTRICT 4", TO CREATE A PILOT PROGRAM FOR FENCING AND LOT MAINTENANCE IN DISTRICT FOUR (4); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), has a pilot program to assist City Commission District 5 ("District 5") with empty and blighted vacant lot problems; and WHEREAS, City Commission District 4 ("District 4") has many of the same issues suffered by District 5 including the occupation of vacant lots by unauthorized trespassers; and WHEREAS, the unauthorized occupation of vacant lots throughout District 4 poses numerous public safety concerns to the lawful owners or lessees and to the surrounding community thereby creating a public nuisance; and WHEREAS, there are numerous vacant lots left unkept that become both an eyesore and a health hazard to area residents; and WHEREAS, for fenced off lots, the City of Miami ("City") needs authority to enter and clear such properties when property owners fail to do so; and WHEREAS, there have been instances where these lots become gathering places for those involved with illegal narcotics and without owner cooperation it makes it difficult for law enforcement to effectively enforce the law; and WHEREAS, pursuant to Section 2-33(c)(9) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Commission may create pilot programs within the City for a limited period of time not to exceed one (1) year with a possible extension for an additional one (1) year period; and WHEREAS, the City Commission finds that this Ordinance is necessary on the grounds of an urgent need for the preservation of health, safety, welfare, and property of the public and the City; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 3 File ID: 8892 (Revision:) Printed On: 6/23/2021 File ID: 8892 Enactment Number: 14008 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 10, Article XI of the City Code is created in the following particulars:I "CHAPTER 10 BUILDINGS ARTICLE XII. FENCE REQUIREMENTS FOR MIAMI CITY COMMISSION DISTRICTS 4. Sec. 10-147. Pilot Program for Vacant Lot Fencing in City Commission District 4. (a) Fences and "No Trespassing" Signage Required. 1. All vacant lots located within Miami City Commission District 4 shall be enclosed with at least a four -foot -high fence. All such fences shall be installed with a permit. 2. "No Trespassing" signs shall be posted on all vacant lots located within the District 4 subject to this Article. 3. The property owner shall: A, Keep the lot clear of any and all material, overgrowth, or any other such visual or public nuisance debris; B. Maintain green screening with the fencing and keep the screening in good repair; and C. Sign a consent at the time of permitting for the fence installation to allow the City to enter upon the lot, locked or unlocked, should the lot become overgrown in violation of the City Code. The City shall provide fifteen (15) days' notice via US Mail and posting to the address provided on the consent as well as the mailing address provided to the Miami -Dade County Property Appraiser prior to entering the lot; and D. Sign a consent at the time of permitting for the fence installation allowing the City to cover any graffiti on the fence screening with similar colored spray ap int. E. Sign a consent at the time of permitting for the fence installation allowing the Miami Police Department to enforce the trespassing penalties described in F.S. 810.08. F. Reaister the lot with the Citv as a vacant lot and maintain the vearly registration of the lot while it remains vacant. (b) Expedited Permit Approval for Fences in District 4 for Vacant Lots. Any such fence permits required by this Article shall be processed by the City on an expedited basis and no building permit fee shall be required. The City shall complete its review and issue the fence permit within three (3) business days of submission of a completed building 1 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 unchanged material. City of Miami Page 2 of 3 File ID: 8892 (Revision:) Printed on: 6/23/2021 File ID: 8892 Enactment Number: 14008 permit application and all permits shall adhere to the requirements of the City Code, Miami 21 and the Florida Buildina Code. c) Enhanced Penalties: ADDeals 1. Any violation of the provisions of this Article may be cited pursuant to Chapter 2, Article X of the City Code and shall result in a civil citation of $500.00 and/or a notice of violation to be brought before the Code Enforcement Board. 2. If the owner, agent, or occupant of any property within the District 4 area fail to comply with the provisions of this Article within 90 days, the City shall cause the property to be fenced and shall keep an accurate accounting of the costs thereof, whereupon the amount of such costs and the interest thereon shall constitute and is hereby imposed as a lien against the subject property with equal rank and dignity of any other special assessment liens. 3. Any property for which the City is required to enter onto and remove overgrowth, materials, or other debris shall be subject to a lien against the property with equal rank and dignity of any other special assessment liens and enforced as provided for in Section 22-118 of the City Code. 4. These penalties shall not preclude any other remedies available at law or in equity, including but not limited to, injunctive relief in the circuit court and special assessments for fencing the property or other work done by the City. 5. Appeal. An aggrieved party may appeal both the fees and costs imposed under this Section to a court of competent jurisdiction in accordance with the Florida Rules of Appellate Procedure. (d) Sunset. This Article will sunset exactly one (1) year after the effective date in 2022, unless this Section is earlier repealed by the City Commission or extended for a further year. *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i t6ria i ndez, Ci y Httor ey 4/13/2021 ' 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 Page 3 of 3 File ID: 8892 (Revision:) Printed on: 6/23/2021