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Home My WebLink AboutO-11573J-97-453 8/5/97 ORDINANCE NO. 115 ` °7 AN ORDINANCE AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED= "PUBLIC NUISANCES", TO AMEND THE DEFINITION OF THE TERMS "OPERATOR" AND "SUBSTANTIATED INCIDENT" (AS IT RELATES TO A BREACH OF SECTION 6-39 AND/OR CHAPTER 36), CHANGE THE REQUIREMENTS FOR NOTICE PROCEDURES, AND PROVIDE THAT FINES MAY BE LIENED; MORE PARTICULARLY BY AMENDING SECTIONS 46-1, 46-3, AND 46-9 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to F.S. Chapters 381-386, the Florida Legislature created numerous provisions addressing and defining public nuisances and authorized municipalities to create a Nuisance Abatement Board to address enumerated public nuisance activity; and WHEREAS, the Charter of the City of Miami, Florida, as amended, Section 3(p), further provides for the power to abate additional enumerated public nuisances; and WHEREAS, pursuant to Ordinance No. 10883, adopted May 9, 1991, the City Commission provided..for'the creation of a Nuisance Abatement Board and set forth provisions for enforcement procedures, penalties and conduct of hearings for same [now codified in the Code of the City of Miami, Florida, as amended, as Sections 46-1 through 46-91; and 11573 WHEREAS, the City desires to clearly define the role of the Nuisance Abatement Board, its jurisdiction, and procedural authority to abate public nuisances in the interest on the health, safety and welfare of its citizens and now finds it necessary to (1) amend the definition of the term "operator"; (2) amend the definition of "substantiated incident" as it relates to a breach of Chapter 6, Section 6-39 and/or Chapter 36; (3) change requirements for notice procedures as it relates to the operator; and (4) provide that Nuisance Abatement Board fines may be liened; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2.. Chapter 46 of the Code of the City of Miami, Florida, as amended, entitled "Public Nuisances", is hereby amended in the following particulars:1' "Chapter 46 PUBLIC NUISANCES 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. - 2 - i157 Sec. 46-1. Definitions. (g) For the purpose of this chapter, "substantiated incident" shall mean any legally prohibited activity and/or occurrence enumerated herein for which a city police officer has been dispatched to investigate or which an officer independently arrives at a location and makes a personal observation of a use of property in violation of the law as enumerated herein and makes a report of the prohibited activity regardless of whether such occurrence results in an arrest of any individual for the prohibited activity; or in the case of a breach of section 6-39 and/or chapter 36, shall mean such acts may be verified by observation, affidavit or report from a_private i i. n a public service aide employed by the police department." (i) For the purpose of this chapter "operator" means a tenant, —lesse , lesser, an owner or person having possession or charge of as agent or otherwise having interest in or control of the building, place or premises. "Sec. 46-3. Procedures. (a) Written complaint; reports. (1) Any employee, officer of the city or any resident of the city, may file a written complaint under oath with the department of police after giving not less than three days' notice of such complaint to the owner of the place or premises regarding a public nuisance as defined herein. Notice of the complaint shall be sent to the owner at his/her last known address. "Notice," as used in this subsection, shall be given to the operator at the operator's last known address by mailing through the use of certified mail of written material informing the operator of the complaint to be filed. The operator shall - 3 - i i � 7 3 (c) Hearings; hearing notices. (1) The Clerk of the nuisance abatement board shall schedule all hearings and issue hearing notices servicing the same (a) by sending written notice of the hearing by certified mail, return receipt requested, or (b). by hand delivering the written notice to the operator of the premises at the operator's last known address at least 15 calendar days prior to the scheduled hearing. If an attempt to serve notice upon the owner(s) and operator(s) by hand delivery or certified mail is unsuccessful, service of the notice of the hearing may be made by posting the premises as provided in F.S. ch. 48, such posting to take place not less than ten days before the scheduled hearing date. The bparincr_" "Sec. 46-9. Costs. In the event that the board declares a place or premises to be a nuisance and issues an order pursuant to subsection 46-5(b) above, the board shall assess against the owner of the place or premises the costs which the city has incurred in the preparation, investigation, and presentation of the case. These costs shall be due and payable ten days after the written order of the board has been filed. A certified copy of an order imposing a fine and/or costs may be recorded in the public records and thereafter shall constitute a lien against the land on which the violations exists or, if the violator does not own the land, upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the sheriffs of this state including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After one year from the filing of any such lien which remains unpaid, the city may foreclose or otherwise execute on the lien. Interest shall accrue on the unpaid costs at the legal rate of interest set forth in F.S. §55.03, as may be amended from time to time." - 4 - I1573 e 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 ON FIRST READING BY TITLE ONLY this 14th day of October 1997. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 26th day of November ATTEST: WALTER J. FOEMAN, CITY CLERK PREPARED AND APPROVED BY: � 04,— A DOSE A. FERNANDEZ ASSISTANT CITY ATTORNEY 1997. XAVIER L. SUAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A/. Q1d�lNNVJ S,IIICITY ATT In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation now W321:BSSET becomes effective with the elapse of ten (10 days fr/o"e date f Commission action regarding same, without the May r e tAvet . _ 5 _ WALTER J. FOEMAN, CITY CLERK 11573 TO CRCtl ® CITY OF MIAMI, FLORIDA Honorable Mayor and Members of the City RECOMMENDATION: INTER -OFFICE MEMORANDUM DATE: SUBJECT: REFERENCES: ENCLOSURES: September 17, 1997 10 Amendments to Nuisance Abatement Ordinance FILE : It is respectfully recommended that the City Commission adopt the attached Ordinance for the purpose of amending Chapter 46 of the Code of the City of Miami entitled, "Public Nuisances" wherein the definition of the terms "operator" and "substantiated incident" would be amended; change the notice requirements of the Nuisance Abatement Board; and provide for the authority to lien Nuisance Abatement fines. BACKGROUND: In Chapter 46 of the Code of the City of Miami, the term "operator" includes a tenant, lessee and lessor. This presents a notification problem inasmuch that the City would have to provide notice to tenants, lessees and lessors in order to hold a Nuisance Abatement Board hearing over the subject property. By eliminating the tenant, lessee and lessor from the definition, the owner would be responsible for the property and for providing notification of any Nuisance Abatement Board hearings to any other parties. The term "substantiated incident" is amended for the purpose of allowing a private citizen to initiate a noise complaint (pursuant to Section 6-37 and or Chapter 36 of the City Code) with the Nuisance Abatement Board. Currently, only a police officer or public service aide can initiate a nuisance related to a noise complaint. The final amendment concerns the Nuisance Abatement Board's authority to impose a lien on the violator's land if a fine is not paid. a 1 • CITT-tij of 'ffliami Y Op,y WALTER J. FOEMAN F ALBERTO RUDER CityClerk * ' u oar n�m o „ „ r City Manager December 10, 1997 Evelyn Jefferson Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32316 Dear Ms. Jefferson: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11362 11560 11561 11563 1564. 11567 .11571 11573 11574 11575 11578 If I can be of any further assistance, please do not hesitate to call. Yours truly, Evan line Kil atrick Deputy City Clerk Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 ty 0 ttij of tams �C' 9 WALTER I. FOEMAN ? ALBERTO RUDER City Clerk o ��!� g� t� C= City Manager 7 December 10, 1997 Isel Fernandez Maldonado Court Operations Officer 1351 Northwest 12th Street Room 8100 - (8th Floor) Miami, FL 33125 Dear Ms. Maldonado: Enclosed herewith please find a- copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11362 11560 11561 11563 1564 11567 11571 11573 11574 11575 11578 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerk Deputy Jerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 0 0 T-tl 1, 1 I 'i of 'ffl-am- WALTER J. FOEM.AN City Clerk December 10, 1997 Rosemary Ricotta Office of the State Attorney 1351 Northwest 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: ALBERTO RUDER City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11362 11560 11561 11563 1564 11567 11571 11678 11574 11675 11678 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerk BY: Deputy C erk RECEIVED BY: DATE: Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 • • N 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 Sookle Williams, who on oath says that she Is the Vice President of Legal Advertising 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 ORDINANCE NO. 11573 In the ...........XXXXX...................... Court, .. wMCblisb. (n sal gvw paper In the Issues of Afflent 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 ye ext preceding the first publication of the attached copy a vertisement; and affiant further says that she has nelt or p d nor promised any person, firm or corporation any Isc nt, rebate, commission or refund for the purpose of cu ng this advertisement for publication in the said 11 s to eM08? I. the t�87 e �' ..... 'day of .. .......... .. .... . D. 19...... (SEAL) Sookle Williams gfFA�IAL NOTARY SEAL ereot�glIlp own ♦P 6�� JANETT LLERENA 0� COMMISSION NUMBER CC566004 EXPIRES .90 MY COMMISSION JUNE 23,2000 LEGAL NOTICE All interested persons will'take.notice'that on the 26th day of No- vember; 1997, the City Commission of Miami; `Florida, adopted the following titled'ordinances: :, • ._ ORDINANCE N0.:11572 AN, EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11395, ADOPTED?AUGUST 23; 1996, WHICH ESTAB- LISHED INITIAL RESOURCES' AND INITIALAPPROPRIA- c TIONS FOR :A, SPECIAL.., REVENUE FUND. ENTITLED: 'VICTIMS OF CRIME ACT', THEREBY INCREASING SAID, APPROPRIATION; IN THE AMOUNT OF $7,940.08, CON SISTING OF• A•: GRANT FROM THE STATE OF FLORIDA, `OFFICE OF THE ATTORNEY GENERAL; AUTHORIZING THE CITY MANAGER: TO ACCEPT SAID GRANT -AND TO EXECUTE THE -NECESSARY DOCUMENTS;, IN. A FORM, ACCEPTABLE. TO THE CITY ATTORNEY, FOR THIS PUR- POSE' CONTAINING;'A.REPEALER PROVISION AND SEV- • ERABILITY CLAUSE; PROVIDING FOR' AN; EFFECTIVE DATE •ORDINANCE NQI AN'ORDINANCE AMENDING CHk�OF THE .CODE AF THE CITY`OF.MIAMI, FLORIDA, AS AMENDED, ENTI TLED: 'PUBLIC_ -NUISANCES', TOC*LMEND THE EFINI TION - OF THE : TERMS '"'OP. ATO - AN 'SUBSTANTIATED INCIDENT' (A IT ELAT TO BREACH:OF SECTION 6-39 AND • CHAPTER 36)(T� CHANGE THE REQUIREMENTS jWTIC ROCE DUKES,, AND PROVIDE THAT FI S[ MAY B. IENED�- MORE PARTICULARLY BY • AMEN_9I ECTIQUS 46-1 T � 46-3,-AND,416-9` OF .SAID CODE,. NTAININCV.A RE * . ` PEALER PROVISION, A"SEVERAt f .CLAUSE AND- , PROVIDING FOR AN EFFECTIVE 01Iv_ b - ORDINANCE AN EMERGENCY ORDINANCE RELAT TO INTE NATIONAL 'TRADE BOARD ('BC�tRD REP ING, I THEIR ENTIRETY, SECTIONS 2-921 D 2-9 OF.THE. CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SUBSTITUTING IN LIEU THEREOF, NEW SECTIONS 7 •_2-92i_SHROLL]rLL_ti930--THEREBY_ CREATING AND ES- uA+ oV,uog!ied ay1.u!-peclyosep Auedad 941 o3 p � I`u! lselalu! 4o 'all!3 'iyBu Aue aAey:ot Bulw!elo 10 BulAey 'luapuodsaU paseaoap yor AM 1su!e8e 10 'iapun-'yBnayl 'Aq Bww!elo seped iayto jo 'saes!Aap 'sney 'siou ' eioppal) 'saa3uelB 'asnods uMou!lun nayl .'peap ;! pug 'aA!!e y! '3uepuodsaa yons.A` lsu!ebi 1o�'lepun 'yBnolyi 'Aq Bui . i. o seined layio AMBwpnlou! pue 'Iuopuodso pasedoap yens Aue-lo seas!nap io sney ayt 'peseeoep ale-sluapuodsay ayl;o Aue1 pue _'siouag 'siol!pen'seetuel6'asnoda umoujun 84B6pnlou! 'Jauogllad 01 uMou�lu e1e oqm sOu!pesoold asayl u! paquosep A�Qdold eql-u! lsaielu! 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LOL 130uvd - V 1NaH • 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 Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review flkla 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 AMENDING CHAPTER 46 In the...........XXXXX.............................. Court, w$g p V isbed i, saidq§paper In the Issues of Afflant 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 cop vertisement; and afflant further says that she has ne er p Id nor promised any person, firm or corporation e disc unt, rebate, commission or refund for the purpose Ys. rig this a rtisement for publication in the said per. 14 S v d $ubocribed b r t" ...... d y of . ..... 19...... (SEAL)T NU�< JANETTnLLERENAL Sookie Williams personal den �:;i. COMMISSION NUMBER < CC566004 MY COMMISSION EXPIRES OF FAO - JUNE 23.2000 1 � O-!"I I-1 'J r r D laf CITY OF'1 IAM1, FLORIDA !! NOTICE _OF PROPOSED ORDINANCES- f `Notice Is hereby given that the City Commission of the City of j r Miami Florida will consider -the following ordinances on second and , nal reading on:November'25; 1997 commencing at 900 a m ; In the City' Commission Chambers; 3500•' Pan American `.Dnve Miami; Florida 'ORDINANCE NO. AN ;,.ORDINANCE -,AMENDING CHAPTER- 46 _. OF.• TH&._. CODE OF THE, CITY',OF'MI'AMI; FLORIDA, AS.AMENDED, -,^• `'ENTITLED:' 'PUBLIC: NUISANCES", '-TO .AMEND .THE DEFINITION =OF,= THE TERMS` - :"OPERATOR" % -AND "SUBSTANTIATED - INCIDENT'`' (ASIT RELATES -TO A BREACH- OF ' SECTION .6-39`� ANDIOR: CHAPTER 36), -CHANGE THE "REQUIREMENTS FOR NOTICE ". PROCEDURES;=+AND PROVIDE; :THAT. FINES:'.MAY� BE, LIENEO MORE PARTICULARLY' - '-BY .. AMENDING. ' 'SECTIONS. 46-1,, 46-3,..AND' -46=9 rJF ,SAID CODE;:: CONTAINING A REPEALER!PROVI,SION; A,SEVERABILITY CLAUSE AND, PROVIDING FOR`AN EFFECTIVE DATE. ` - ORDINANCE NO., AN ORDINANCE- AMENDING SECTION 40:195.OF THE "CODE OF THE CITY OF MIAMI,-FLORIDA, AS AMENDED; , THEREBY ADDING • A:.NEW SUBSECTION (G) AUTHO-''_ `"" -RIZING THE BOARD.OF TRUSTEE (BOARD).OF THE FIRE ; FIGHTERS':AND.POLICE OFFICERS' RETIREMENT TRUST TO INVEST UP -TO $30,000 000.00 FOR'AN INTEREST IN A .LIMITED PARTNERSHIP.' TO ACQUIRE ''OWN AND OPERATE THE `FLORIDA.MARLINS'BASEBALL TEAM; AS ` " HEREIN • SPECIFIED;. _ CONTAINING .A REPEALER PROVISION AND ASEVERABILITYCLAUSE; PROVIDING FOR AN EFFECTIVE DATE.: rSaid proposed=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. .All interested. persons may. appear afthe meetting and be heard with respect to the.proposed:ordinarces. Should any person desire to appeal any decision of the City Commission with respect to any matter to. be considered -at 'this- meetmg,'that person shall ensure that a. verbatim record of the -proceedings is: made. including all testimony and evidence upon, which anyappeal may be, based. OF WALTER J. FOEMAN'.' CITY, CLERK (ff4733) A.1.'n7A4-14AAQhA