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Home My WebLink AboutO-11471J-97-50 2/10/97 114 "71 ORDINANCE NO. AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY OF MIAMI, FLORIDA, ENTITLED: "THE CODE OF THE CITY OF MIAMI, FLORIDA"; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREINAFTER SET FORTH; PROVIDING A PENALTY CLAUSE WHERE NO OTHER PENALTY IS PRESCRIBED; CONTAINING A REPEALER PROVISION AND A 'SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission. is empowered by Section 3(jj) of the City Charter to codify the City's ordinances into a "Code of Ordinances of the City of Miami" and by a single ordinance adopt such "Code of Ordinances of the City of Miami" as a complete revision of the existing and applicable code and ordinances on the date of such adoption, to amend such code or ordinances, revise, codify or recodify it, and to adopt such revised code by a single ordinance; and WHEREAS, Section 45(a) of the City Charter provides that the City Commission may at any time appoint a person or persons and authorize them to arrange and codify the ordinances of the City and to publish such codification in appropriate volume or volumes, which shall become the laws of the City upon adoption by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 1.1471 • r Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. There is hereby adopted by the City Commission that certain Code published by Municipal Code Corporation entitled "Code of the City of Miami, Florida" (hereinafter referred to as the "Code"), containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters 1 to 62, each inclusive. Section 3. The provisions of such Code shall be in force on and after April 15, 1997, and all ordinances of a general and permanent nature adopted on final reading and passage on or before July 19, 1996, and not contained in such Code or continued in force by reference therein, are hereby repealed from and after April 15, 1997. Section 4. The repeal provided for in Section 3 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by -a subsequent ordinance that is repealed by this Ordinance. Section 5. Further, the repeal provided for in the preceding sections of this Ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before April 15, 1997; nor shall it affect. any prosecution, suit or proceeding pending or any judgment rendered prior to April 15, 1997; nor - 2 - 11471 shall such 'repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the City or authorizing the issue of any bonds of the City or any evidence of the City Is indebtedness or any contract or obligation assumed by the City; nor shall it affect any appropriation or assessment ordinance; nor shall it affect the annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the City on any person or corporation; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any ordinance relating to the salaries of the City officers or employees; nor shall it affect any ordinance annexing territory to the City; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the City; nor shall it affect any ordinance adopted on final reading and passage after July 19, 1996. Section 6. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not ,to exceed five hundred dollars ($500.00) or a term of imprisonment not to exceed sixty (60) days or both a fine and term of imprisonment. Each act of violation and -each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not - 3 - 11471 such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as, but not limited to, code enforcement, administrative adjudication, abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 7. Additions or amendments to the Code when passed in the form as to indicate the intention of the City Commission to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 8. Ordinances adopted after July 19, 1996, that amend or refer to ordinances that. have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code . Section 9. It is hereby declared to be the intention of the CITY Commission that the sections, paragraphs, sentences, clauses and phrases of this Ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or -invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance or the Code hereby adopted. Section 10. All ordinances or parts of ordinances'insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. - 4 - 1,471 d ^ t • Section 11. This Ordinance shall become effective 30 days after second reading and adoption thereof. PASSED UPON FIRST READING BY TITLE ONLY this 20th day of February , 1997. PASSED AND ADOPTED UPON SECOND READING BY TITLE ONLY this 20th day of March , 1997. ATTEST: WALTER J. MAN CITY CLERK PREPARED AND APPROVED BY: cT64 EDWARD MAXWE;,L DE UTY CITY ATTORJUEY APPROVED AS TO FORM AND CORRECTNESS: JEM/BSS/mis/W238 - 5 - 11471 REVISED CITY OF MIAMI, FLORIDA 4011 #Z3 INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members of the City Commission FROM : Walter J. Foeman City Clerk DATE : January 31, 1997 FILE : SUBJECT : First Reading Ordinance: Adopt a Revision in Codification of the Ordinances REFERENCES: of the City of Miami ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt a First Reading ordinance approving the revision and codification of the ordinances of the City of Miami entitled: "The Code of the City of Miami, Florida." The balance in the amount of $24,320 is now due to the Municipal Code Corporation. BACKGROUND: Pursuant to Resolution 91-18, the City entered into a professional services agreement with the Municipal Code Corporation, for codification and printing of the Code of Ordinances. Part of said agreement calls for the revision and codification of the ordinances of the city, as part of a republication project. The last republication of the Code was in 1980. The current revision and codification of ordinances has gone through the following steps: (a) Editorial review by the Municipal Code Corporation and City departmental representatives concerning statutory changes that have occurred over the last ten years and their applicability; (b) Implementing approved changes and deleting obsolete provisions subject to the City Attorney's review; (c) Insertion of editorial notes advising the City of deletions and reserving sections in chapters for inclusion of new provisions in the future; (d) Incorporating new ordinances amending the code as adopted on or before July 19, 1996; (e) Cursory analysis and review by Municipal Code Corporation's editor of the City's republication project outlining those recommendations which could be implemented through the republication of the code; (f) Preparation by Law Department of an ordinance (pursuant to Ordinance#9120) which proposes adopting a revision and codification of the ordinances of the City of Miami - entitled "The Code of the City of Miami." This office is in receipt of the code which has been revised, codified, and re -published in its completed form. The above cited balance is now due to the Municipal Code Corporation for completion of this project. Funds were previously allocated for same pursuant to Resolution 91-18. WJF:Inn 11471 0 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Oetelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review Vk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11471 Inthe........................X.?iiX.............................. .. Court, was published in said newspaper in the issues of Apr 9, 1997 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of -advertisement; and afflant further says that she has neither paiKn promisedany person firm or corporation any discoubate, commisslo nd fo the purpose of securl advertiseme p licatio In the said news r. �® ........................................... ........ worn to and subscrIbed before me this April 97 9ctwy Of .... ............................. .1.,l', 7... A.D. 19...... (SEAL) [reT y pG� OFFICIAL NOTARY SEAJANETT LLERENA Octelma V, Ferbsyrrl8.l ln!mn t§Mft tON NUMBER �;L,10_� CC566004 ��MY COMMISSION EXPIRES F JUNE23.2000 LEGAL NOTICE - Ail interested persons will take notice that on the 20th'day of March, 1997, the City Commission of. Miami, Florida, adopted the followiri ' titled ordinances: - 'e ORDINANCE NO. 1,1460 AN 'ORDINANCE, WITH ATTACHMENT(S); APPROVING CREATION OF A SPECIAL TAXING 'DISTRICT BY-. METROPOLITAN DADE COUNTY FOR THE MORNINGSIDE NEIGHBORHOOD; MIAMI, FLORIDA, FOR THE PURPOSE OF. PROVIDING TWENTY-FOUR .HOUR' ;STATIONARY _ SECURITY .GUARD SERVICE AND ROVING -POLICE PATROL. SERVICE; SUBJECT .TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND METROPOLITAN• DADE COUNTY REQUIREMENTS; APPROVING CONSTRUCTION OF TWO (2) GUARD HOUSE FACILITIES, GATES, FOUR'. ;(4)-STREET'CLOS.URES, INSTALGgbOWAND OPERATION, OF, TRAFFIC CONTROL DEVICES, AND AUTHORIZING' ' AND APPROPRIATING AN AMOUNT NOT TO EXCEED THREE- HUNDRED, AND FIFTY THOUSAND. DOLLARS:., .!! ($350,000) FOR SAID CAPITAL IMPROVEMENTS,' AND- "'I ADDITIONAL' 'EXPENDITURES FOR ROVING -POLICE'- 111 PATROL SERVICE; REQUIRING REIMBURSEMENT FOR -; ..j ALL EXPENDITURES; PROVIDING FOR TITLE, INSUR-': ANCE- AND GUARD HOUSE' LOCATION; REQUIRING EXECUTION OF INTERLOCAL AGREEMENT,- IN- SUBS TANT.IALLY THE FORM ATTACHED ;HERETO, BETWEEN:: THE CITY.. AND" METROPOLITAN DADE COUNTY; `CON i •TAINING A -.'REPEALER,,, •P_ROVISION,'-SEVERABILITY CLAUSE,. AND PROVIDING,FOR AN EFFECTIVE DATE, ORDINANCE NO. 11461 AN EMERGENCY ORDINANCE AMENDING 'SECTION- III + OF ORDINANCE NO. 11337, AS AMENDED, ADOPTED J ' 'JANUARY 25; 1996,,, THE CAPITAL IMPROVEMENTS. AP- , PROPRIATIONS: ORDINANCE, THEREBY INCREASING _ :THE:,, APPROPRIATIONS TO EXISTING CAPITAL, IM- PROVEMENT PROJECT NO. 322061 ENTITLED:, 'TOWER, : THEATER REHABILITATION" FROM ,. $1,302,800 --TO - ' $1,906,800, AN AMOUNT OF .-$60.4,400; CONTAINING A I REPEALER PROVISION AND A SEVERABILITY CLAUSE: j ORDINANCE NO. 11462 . .AN EMERGENCY ORDINANCE AMENDING AND RE- -STATING ORDINANCE NO. 64321.AbOO.TED,SEPTEMBER i. 2; 1959, PROVIDING FOR THE CREATION OF A MIAMI FIRE FIGHTERS' RELIEF :AND ".PENSION FUND, AS PROVIDED BY CHAPTER 175; FLORIDA STATUTES, • ;THEREBY INCORPORATING' :ALL'AMENDMENTS EF- FECTED -SINCE. THE ORIGINAL PASSAGE OF ORDI- I. *NANCE -.NO. 6432, AND, FURTHER "AMENDING. SAID -ORDINANCE; TO' ENSURE CONFORMANCE WITH, ALL. I , ';;APPLICABLE LAWS; CONTAINING.:A REPEALER P.ROVI- 'SION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE -DATE - ORDINANCE NO. 11463 AN EMERGENCY•ORDINANCE ESTABLISHING A SPECIAL 'REVENUE 'FUND' ENTITLED: "LOCAL ENFORCEMENT S. I BLOCK GRANT .PROGRAM' AND- APPROPRIATING. (FUNDS FOR THE OPERATION'- OF SAME ,,. IN ;THE I AMOUNT OF.,.$3,033,834.00 CONSISTING' OF A GRANT+ ;FROM THE U.S. DEPARTMENT OF JUSTICE; ALIT HOR- y 'IZING .THE .CITY MANAGER TO ACCEPT,'sAID GRANT 1 'AND TO EXECUTE THE "NECESSARY DOCUMENTS, -IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS' • PURPOSE; FURTHER AUTHORIZING .THE ALLOCATION — OF OF MATCHING FUNDS,; IN THE AMOUNT OF $3371093 06 FROM THE POLICE DEPARTMENT' GENERAL — OPERAT-ING BUDGET, -ACCOUNT CODE '0011000.290301.6;050; CONTAINING A REPEALER PROVISION AND ASEVER. ABILITY CLAUSE; PROVIDING, FOR AN EFFECTIVE DATE. ORDINANCE NO. 11.464 .AN EMERGENCY`ORDINANCE ESTABLISHING A SPECIAL• I. REVENUE, FUND ENTITLED: "WEED,. AND SEED,". AND APPROPRIATING FUNDS FOR THE OPERATION'_ OF. SAME, IN THE AMOUNT OF $152,140.00, CONSISTING OF: GRANTS FROM THE MIAMI COALITION FOR A SAFE AND DRUG -FREE COMMUNITY, IN THE AMOUNT' OF' L _'-`$52,140_00_AND THE DRUG ENFORCEMENT ADMINIS- TRATION ("DEA'), IN THE AMOUNT OF $100,000.00; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTS AND TO EXECUTE THE NECESSARY DOCU- MENTS; IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE;- CONTAINING -A REPE- ALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 11465 + AN EMERGENCY ORDINANCE AMENDING ORDINANCE - NO. 11366 ADOPTED MAY 23, 1996, WHICH ESTAB-.: ' LISHED INITIAL RESOURCES AND INITIAL APPROPRIA- TIONS _FOR A SPECIAL. REVENUE FUND ENTITLED: "GEOGRAPHICAL 'TARGETING PROGRAM'; THEREBY APPROPRIATING ADDITIONAL FUNDS TO SAID AG COUNT, IN .THE AMOUNT_OF $20,000, CONSISTING_.OF A GRANT . FROM THE ' MONROE COUNTY SHERIFF'S OFFICE; AUTHORIZING THE -CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A, FORM ACCEPTABLE,TO THE CITY ATTORNEY; FOR THIS PURPOSE; CONTAINING A REPE- . ALER PROVISION AND SEVERABILITY CLAUSE. . i - ORDINANCE NO. 11466 AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "COPS UNIVERSAL HIRING AND APPROPRIATING FUNDS FOR -THE OPERATION OF -- SAME IN THE OF $17,323,317, CONSISTING OF 'A GRANT FFIOM�'fk U.S: DEPARTMENT OF JUSTICE; i. AUTHORIZING THE CITY MANAGER TO ACCEPT SAID • GRANT' AWARD- FROM SAID GRANTOR AND -TO EXECUTE. THE 'NECESSARY DOCUMENT(S) IN AFORM ACCEPTABLE"TO THE CITY ATTORNEY FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. r ORDINANCE NO. 11467 . AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11365, ADOPTED MAY 23, .1996, WHICH ESTAB- LISHED INITIAL RESOURCES AND INITIAL APPROPRIA- TIONS FOR A -SPECIAL REVENUE FUND ENTITLED: ."HIDTA ASSET FORFEITURE RESEARCH," THEREBY APPROPRIATING -ADDITIONAL FUNDS TO SAID AC- COUNT, IN THE AMOUNT OF $20,000, CONSISTING OF A GRANT FROM THE MONROE COUNTY SHERIFF'S OFFICE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE - NECESSARY DOCUMENTS, IN,A FORM ACCEPTABLE TO'THE CITY ATTORNEY,.FOR THIS PURPOSE; CONTAINING.A REPE- ALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO. 11468 AN EMERGENCY ORDINANCE NO. 11370, ADOPTED JUNE 13, 1996,. WHICH ESTABLISHED INITIAL RESOUR- CES AND INITIAL APPROPRIATIONS FOR. A SPECIAL REVENUE FUND ENTITLED: *HAITIAN NARCOTICS EN- FORCEMENT,' THEREBY APPROPRIATING ADDITIONAL FUNDS TO SAID ACCOUNT, IN THE.AMOUNT OF $40,000, CONSISTING OF A GRANT FROM THE MONROE COUNTY, SHERIFF'S OFFICE; AUTHORIZING THE CITY MANAGER TO 'ACCEPT SAID GRANT AND -TO 'EXECUTE THE NECESSARY DOCUMENTS, IN FORM ACCEPTABLE TO THE CITY -ATTORNEY,• FOR. THIS PURPOSE'; CONTAIN - I - ING"A'-•REPEAL'ER PROVISION .AND SEVERABILITY' 'CLAUSE:' y . _ ORDINANCE NO. 11469 AN .ORDINANCE . RELATED TO LOBBYISTS; AMENDING THE CODE OF THE CITY.OF MIAMI, FLORIDA, 'AS- I ; AMENDED, BY: ADDING AND AMENDING DEFINITIONS; ! I AMENDING LOBBYISTS' . REGISTRATION REQUIRE- MENTSESTABLISHING FEES- AND DISCLOSURE RE: f QUIREMENTS_ PROVIDING EXEMPTIONS. FROM FEES; %REQUIRING JHE ,CITY CLERK TO -MAINTAIN A,•LOG, OF , f REGISTERED;;L•;OBBYISTS;;:AMENDING.'. THE. 'ANNUAL.; I STATEMENT..." AND^RENAMING SAME `AS 'ANWACO :P.ENDITURES REPORT': SETTING FORTH PROCEDURES ` 31 AND `• REQUIREMENTS FOR COMPLIANCE; PROVIDING FOR PENALTIES. FOR VIOLATIONS; AND PROHIBITING 1 CONTINGENT-. FEES; MORE PARTICULARLY, BY AMEND- --I NG SECTIONS 2-313, 2-314, .2-316, AND' 2-318 OF 'THE CODE'OF THE CITY OF MIAMI, FLOROA, AS AMENDED, ,AND. ADDING ,NEW SECTION 2-319 TO -SAID CODE;_ CONTAINING A.REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE NO 11470 ' . AN -ORDINANCE AMENDING.. SEION, 54-86 OF THE- ! ; CODE OF.THE CITY OF MIAMI, FLCTORIDA,,AS AMENDED, TO REQUIRE THAT OWNERS OF PROPERTIES THAT FACE, ABUT OR OPEN UPON THE MIAMI RIVER SHALL ' AFFIX' BUILDING„NUMBERS THAT ARE`VISIBLE FROM THE, MIAMI RIVER'; CONTAINING A REPEALER PROVI- SION AND -A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. r ORDINANCE NO..11471 AN ORDINANCE -,ADOPTIN� G T REVISION " AND CODIFICATION OF THE ORDINANCES OF THE CITY OF MAIMI; FLORIDA, ENTITLED: 'THE CODE OF THE CITY OF I MIAMI, FLORIDA% PROVIDING FOR-• THE-, REPEAL OF I CERTAIN: ORDINANCES NOT INCLUDED THEREIN,'WITH CERTAIN.,EXCEPT.IONS, AND FOR OTHER -PURPOSES. HEREIN. SET FORTH, ;PROVIDING .A: P;ENALTY:CLAUSE WHERE•NO OTHER PENALTY. IS PRESCRIBED;:CONTAIN- ING' A REPEALER PROVISION AND-- A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE: .,''-ORDINANCE NO: 11472 'AN' ;ORDINANCE AMENDING SECTION. 62=61 'OF THE ; CODE OF THE CITY OF MIAMI, FLORID&.AS AMENDED, j ENTITLED` "SCHEDULE OF FEES,' INCREASING VA- RIOUS FEES 'SET' FORTH IN SAID -PLANNING AND ZONING MATTER RELATED FEE SCHEDULE; CONTAIN I ING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 1 Said ordinances may be inspected by the public at the Office'of the - City Clerk, 3500 Pan American Drive, Miami, Florida,.- Monday ;through Friday; excluding holidays, between the hours of 8 a.m. and 5'p.m. PSY"Opy W 4 ` h = (#4654) aio - WALTER J: FOEMAN ' CITY CLERK 97-4-040927M -- -- _J