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HomeMy WebLinkAboutO-11480J-97-181 3/10/97 ORDINANCE NO. 1 14 8 U AN ORDINANCE AMENDING SECTION 22-37(f) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO IMPOSE AN ADMINISTRATIVE FEE OF $100.00 OR TEN PERCENT, WHICHEVER IS GREATER, IN ADDITION TO THE ACTUAL EXPENSES INCURRED BY THE CITY WHEN CORRECTIVE ACTION IS TAKEN TO REMEDY A VIOLATIVE CONDITION ON A LOT; PROVIDING FOR A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, it has become necessary to prevent the excessive growth and accumulation of weeds, undergrowth and other plant life on vacant and improved lots; and WHEREAS, said excessive growth and accumulation may cause, inter alia, an infestation of rodents, wild animals, vermin and a breeding ground for mosquitoes, and may therefore present a health, safety and welfare concern, and impair the economic welfare of the adjacent property; and WHEREAS, for those owners of said lots who have failed to maintain their lots in a safe and clean condition, the City will undertake to do so and lien the property for the actual costs; and WHEREAS, the City will incur administrative expenses above and beyond the actual costs of said lot clearance; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 80 • • 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. Miami, Florida, particulars:1' Sec. 22-37. Section 22-37(f) of the Code of the City of as amended, is hereby amended in the following "Chapter 22 GARBAGE AND TRASH ARTICLE 1V. Accumulations of debris, rubbish, etc. and dense growth of trees, vines, etc., as nuisances. (f) In case the work is done or caused to be done by the city, the director shall keep an itemized accounting of expenses of the same and the cost thereof together with an adMi n; r v - of one hundred dollars ($100.00) or ten (10) percent of the total clearing P=enses, whi h v-r ict greater, and if the same be not paid within ten (10) days from the date the request for payment has been frem whefa payment is di l -gsupd, the same shall bear the highest interest at the rate of eighteen (!8) pereent interest per annum allowable by law until paid. Such amounts, together with all penalties imposed thereon, shall constitute, and are hereby imposed as special assessment liens against the real property aforesaid, and until fully paid and discharged, or barred by law, shall remain liens equal in rank and dignity with the lien of city and county ad valorem taxes and superior in rank and dignity to all other 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. t1480 liens, encumbrances, titles and claims in, to or against the real property involved. The payment of all costs of collection, including reasonable attorney's fees, penalties and lien amounts is required before said lien shall be discharged or satisfied. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED UPON FIRST READING BY TITLE ONLY this 20th day of March , 1997. PASSED AND ADOPTED UPON SECOND AND FINAL READING BY TITLE ONLY this loth day of April 1997. CAROLLO, MAYOR ATTEST: ALTER . F EMAN, CITY CLERK PREPARED AND APPROVED BY: GEORGE K. WYSON , I I ASSISTANT CITY ATTORNEY W273:GKW:BSS APPROVED AS TO FORM AND CORRECTNESS: - 3 - 11480 -� CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members of the City Commission FROM City Attorne- DATE : March 10, 1997 FILE J-97-181 SUBJECT : Proposed Ordinance: Imposition of an additional Administrative Fee for lot clearing performed by the City REFERENCES: City Commission Meeting ENCLOSURES: March 20, 1997 Pursuant to your directive at the February 27, 1997 City Commission Meeting, this Office has drafted the attached proposed ordinance to provide for the imposition of an administrative fee of $100.00, or ten percent, whichever is greater, in addition to the actual expenses incurred by the city when corrective action is taken to remedy a violative condition on a lot. W1II:BSS • 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 Octeima V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review Vkla 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. 11480 Inthe ....... .................XXX.X-X..................................... Court, was published in said newspaper in the issues of May 5, 1997 Aftiant further says that the said Miami Dally Business Review is a newspaper published at Miami in said Dade County, Florida, and that the sold 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 mail 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 pal or promised any person, firm or corporation any disc do L bate, comml s� r re nd for the purpose of sec In his advert) Rt r pub) cation In the said newswD Sworn to and subscribed before me this .5 97 flyof.......... ..................... �.........�GD. 19...... (SEAL) OFFICIAL NOTARY SEAL ♦PRY PO4 JANETT LLERENA Octelma V. Ferbeyre pe �¢d cn meCOMWS9014 NUMBER CC566004 h MY COMh1iSSION EXPIRES 9j`cOF Fl��\ JUNE 23,2000 ~CITY OF hWMI,"FLORIDA LEGAL NOTICE All interested persons will take notice that on the 10W'day of April, 1997, the 'City Commission of. Miami,' Florida;.. adopted the following titled ordinances: " ORDINANCE NO. 11476 AN ORDINANCE, 1NITH ATTACHMENT(S),` APPROVING CREATION -OF THE"BAY HEIGHTS ROVING- SECURITY . GUARD`SPECIAL TAXING DISTRICT" BY METROPOLITAN DADE COUNTY FOR .THE BAY HEIGHTS NEIGHBOR- HOOD, MIAMI, FLORIDA, FOR THE PURPOSE OF PRO- VIDING ROVING. POLICE PATROL SERVICE; SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND; METROPOLITAN .DADE .COUNTY" REQUIREMENTS; AO-' PROVING NECESSARY EXPENDITURES FOR SAID ROV- ING. OFF -DUTY POLICE PATROL SERVICE; REQUIRING,. REIMBURSEMENT FOR ALL EXPENDITURES; REQUIRING . EXECUTION. OF INTERLOCAL. AGREEMENT,. IN SUB-- . STANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY AND METROPOLITAN DADE •COUNTY; CON- TAINING" A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11477 AN ORDINANCE ESTABLISHING FOUR (4) NEW SPECIAL REVENUE -FUNDS UNDER THE FOUR TITLES LISTED BELOW_ AND APPROPRIATING FUNDS FOR :THE OPERA= TION OF EACH OF THE FOUR (4) NEW SPECIAL REVENUE FUNDS IN THE AMOUNTS SPECIFIED AS' FOLLOWS: COMMUNITY. DEVELOPMENT BLOCK GRANT. (TWENTY-THIRD YEAR) - $13,106,000-1 HOME INVEST- MENT `PARTNERSHIP (HOME) GRANT - $4,203,000; EMERGENCY SHELTER "GRANT (ESG) -. $346,000; . AND HOUSING OPPORTUNITIES FOR PERSONS. WITH AIDS = (HOWPA) .GRANT - $8,832,000; FURTHER :APPRO- PRIATING THE SUM OF $2,500,000 FROM "COMMUNITY ''DEVELOPMENT. BLOCK, GRANT (CDBG) PROGRAM -IN- COME AS APPROVED BY U.S. HOUSING AND URBAN DEVELOPMENT - FOR ,A.,TOTAL APPROPRIATIONS OF $28,987,000; CONTAINING A'REPEALER.PROVISION AND. SEVERABILITY CLAUSE. .ORDINANCE NO. 11478 AN ORDINANCE ESTABLISHING A SPECIAL. REVENUE FUND .ENTITLED: °S.T.O.P: PROGRAM AND -APPRO- PRIATING FUNDS FOR THE OPERATION OF SAME, .IN THE AMOUNT OF $47;250.00, CONSISTING,:OF, A GRANT- ; FROM'THE•U.S.'DEPARTMENT OF JUSTICE; AUTHOR- IZING THE CITY WANAGER TO ;ACCEPT. SAID GRANT .. AND TO EXECUTE THE NECESSARY,DOCUMENTS,. IN A. - :.FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAININGA REPEALER PROVISION AND A SEVERABILITY CLAUSE.' , ORDINANCE NO.11479 AN ORDINANCE "AMENDING'SECTION 2=7 OF THE CODE OF THE CITY OF MIAMI,--FLORIDA, AS AMENDED, THERE- BY INCREASING-ETHE`SERVICEi�CHARGE ON REFUSED CHECKS; ADDING A NEW SECTION-2-8 DEFINING ACCEPTABLE FORMS OF PAYMENT. AND REQUIRING CERTAIN -IDENTIFICATION FROM,T:HE PERSON ISSUING' A CHECK, DRAFT OR DRDER; CONTAINING A REPEALER PROVISION, -SEVERABILITY CLAUSE; AND PROVIDING - FOR AN EFFECTIVE DATE:,, ORDINANCE NO. 11480 AN -ORDINANCE` AMENDING- SECTION 22-37(f)_OF- THE, CODE OFTHECITY.OF MIAMI, FLORID& AS.AMENDED, TO IMPOSE AN ADMINISTRATIVE FEE OF $100.00 OR TEN PERCENT WHICHEVER-ISLGREATER, IN ADDITION TO THE ACT:UAL.EXP.ENSES-.INCURRED BY THE CITY WHEN CORRECTIVE ACTION IS TAKEN TO REMEDY.A I' :VIOLATIVE CONDITION ON�A�,LOT;' PROVIDING FOR A • REPEALER PROVISION AND A SEVERABILITY CLAUSE:; ORDINANCE NO. 11481 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY.CHANGING THE LAND USE DESIGNATIONS OF PRO- PERTIES LOCATED AT APPROXIMATELY 215 LEJEUNE ROAD, .4091 SOUTHWEST 2ND TERRACE AND'_4100 • 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 Octelms V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/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 NOTICE OF PROPOSED ORDINANCES APRIL 10, 1997 ORDINANCE ESTABLISHING FOUR (4) NEW SPECIAL REVENUE FUNDS, ETC. Inthe ........................ X3fX.X.X•..................................... Court, was published in said newspaper In the issues of Mar 31, 1997 Attiant 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 mail 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.adve ment; and affiant rt ys that she has neither nor romised an n, fir or corporation P P any dls un bate, com n r refun for the purpose of s ri t adverti nt r publi lion in the said o and subscribed ore me this 31 arch 97 dakof............ .......................,/...,. 19...... (SEAL) . OFFICIAL NOTARY SEAL APR v8 J NEn LLERENA Octelma V. Ferbeq own m . Bat ik=N MUMBl`R CC566004 ��O MY COMMISSION EXPIRES OF f0 JUNE 23.2000 f CITY OF MIAf I, FL'ORIDA. T � NOTICE OF PROPOSED ORDINANCES Notice is hereby given that the City Commission of the City+of Mi- ami, Florida, will consider the following ordinances on second and final reading on APRIL In—1997, commencing at 9:00 a.m., in the City Commission Chambers, 3500 Pan American Drive, -Miami, Florida: ORDINANCE NO. AN ORDINANCE ESTABLISHING FOUR'(4) NEW SPECIAL REVENUE FUNDS UNDER THE FOUR`TITLES LISTED BELOW' AND APPROPRIATING FUNDS FOR THE OPERATION OF EACH OF THE FOUR (4) NEW SPECIAL REVENUE FUNOS ,IN THE AMOUNTS SPECIFIED AS FOLLOWS: COMMUNITY f DEVELOPMENT.. BLOCK' GRANT (TWENTY-THIRD YEAR) $13,106,000; HOME INVESTMENT PARTNERSHIP" (HOME) GRANT - $4,203,000; EMERGENCY SHELTER GRANT (ESG) - $346,000; AND. HOUSING OPPORTUNITIES. FOR PERSONS WITH. AIDS (HOPWA) GRANT = $8,832,000; FURTHER a -APPROPRIATING. THE SUM OF $2,500,000. FROM } COMMUNITY DEVELOPMENT BLOCK GRANT .(CDBG) PRO-,) GRAM INCOMES �AS APPROVED BY U.S. HOUSING -AND'.! I URBAN DEVELOPMENT FOR A TOTAL APPROPRIATION OF, $28,987,060; CONTAINING A REPEALER PROVISION AND j SEVERABILITY CLAUSE. j ORDINANCE NO. ` AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED% "S.T.O:P. PROGRAM", AND' APPROPRIATING' FUNDS FOR THE OPERATION OF SAME; IN THE -AMOUNT OF $42,250.00, CONSISTING OF A GRANT FROM THE U.S.. DE- PARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO ACCEPT 'SAID -GRANT AND TO EXECUTE THE NECES-' SARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.- _ ORDINANCE NO. AN ORDINANCE. AMENDING SECTION 2-7 OF THE CODE O THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY I CREASING `THE -SERVICE CHARGE'ON REFUSED.CHE S, "ADDING A NEW SECTION' '2-8' DEFINING' ACCEP FORMS OF PAYMENVAND REQUIRING CERTAIN ID ' CATION FROM THE PERSON ISSUING A CHECK, DRA O ORDER; CONTAINING A REPEALER PROVISION, SEVER; ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. . -.ORDINANCE'NO. AN ORDINANCE AMENDING. SECTION 22-37(f) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO IMPOSE AN ADMINISTRATIVE .FEE OF. $100.00 OR TEN PERCENT, WHICHEVER IS GREATER, IN ADDITIONAL TO THE ACTUAL EXPENSES INCURRED BY THE -CITY WHEN CORRECTIVE ACTION ISJAKEN TO REMEDY A VIOLATIVE'.CONDITION ON A LOT; PROVIDING FOR A REPEALER PROVISION AND A SEVERABILITY CLAUSE: Said proposed ordinances may be inspected,by the public at the + Office of the -City Cle`l<;`3500 Pan American- Drive,, Miami; .Florida, Monday through Friday, exciu6ing holidays, between the hours of 8 1 a.m. and 5 p.m. r1i All interested persons may appear at the meeting and be heard with respect to the proposed, .ordinances:' ShoulCL-:ny-person desire to . appeal any decision of the City,Commission wtq re ect to a, Vmatter to be considered at this meeting, that person sF a ensure that a` verbatim recordof the proceedings is made mcludidg,,.Ill testimony and(`d';1 evidence upon which any appeal maybe based) °4Of FioQOP WALTER 11FOILMAN CITY CLERK ,y (#4545) —��