HomeMy WebLinkAboutO-10883J-91-317
5/9/91 10883
ORDINANCE N0.
AN ORDINANCE CREATING NEW CHAPTER 45.5
ENTITLED "PUBLIC NUISANCE" OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, AND
THEREBY PROVIDING FOR THE CREATION OF A
NUISANCE ABATEMENT BOARD FOR THE CITY OF
MIAMI, FLORIDA; THE FILING AND HEARING OF
COMPLAINTS AGAINST BUILDINGS, PLACES OR
PREMISES ALLEGED TO BE A PUBLIC NUISANCE;
PROCEDURES FOR FILING OF NOTICE TO OWNERS
AND/OR OPERATORS OF SAID BUILDINGS PLACES OR
PREMISES AND FURTHER PROVIDING THE PROCEDURE
FOR THE NUISANCE ABATEMENT BOARD HEARINGS,
INCLUDING PRESENTATION OF EVIDENCE REGARDING
CRIME RELATED ACTIVITY AND/OR ANNOYING
CONDUCT ON PREMISES LOCATED IN MIAMI,
AUTHORITY TO DECLARE SAID PREMISES UNLAWFUL
PUBLIC NUISANCES AND TO ENTER ORDERS
PROHIBITING THE MAINTENANCE OF SAID LOCATIONS
AND/OR THE OPERATION OF SAID PREMISES;
PROVIDING FOR THE BRINGING OF SUIT FOR
PERMANENT INJUNCTION AGAINST FURTHER
MAINTENANCE OF SAID BUILDING, PLACE OR
PREMISES; FURTHER PROVIDING THAT THE CITY
THROUGH ITS ATTORNEY, MAY SUE IN THE NAME OF
THE STATE TO ENJOIN NUISANCES AS SET FORTH
HEREIN AND THOSE NUISANCES AS DEFINED IN
CERTAIN ENUMERATED SECTIONS OF THE FLORIDA
STATUTES AND SUE THE OWNERS OR AGENTS OF THE
BUILDING, PLACE OR PREMISES WHICH CONSTITUTE
SUCH NUISANCES; FURTHER PROVIDING FOR
ENFORCEMENT PROCEDURES AND PENALTIES; AND
PROVIDING FOR A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the Florida Legislature is aware 'that Florida is
facing a crisis of dramatic proportions due to the rapidly
increasing crime rate due to drug and substance abuse and other
related activities; and
WHEREAS, the Commission of the City of Miami, Florida, is
aware that the unlawful acts repeatedly occur in, at or on the
same building, place or premises in the City of Miami and that
these establishments and properties in such use, operate in
flagrant violation of state laws which prohibit prostitution, use
and/or sale of controlled substances, dangerous drugs and other
related activities; and
WHEREAS, the City Commission is concerned about this crisis
because of its dramatic proportions created -by the proliferation
of such violations which continue to occur in Miami and
substantially interfere with the interest of the public and the
quality of life, community environment, property values, and the
public health, safety and welfare; and
WHEREAS, the City Commission further finds that the
continued occurrence in and use of buildings, places or premises
located in the City involving such violations is detrimental to
the health, safety and welfare of residents and visitors to the
City of Miami; and
WHEREAS, the City Commission is concerned about the
violative use of property in Miami where crimes, crime related
conduct, annoying and/or injurious use of property flourish, and
finds that a need exists to impose sanctions and penalties
against owners and/or operators of property so used when such
acts occur on a continuous basis, and where the maintenance of
property so used has been found to be an unlawful public
nuisance, either in conjunction with, or apart from, the use of
sanctions or penalties contained in state laws and without
prejudice to the use of other procedures or remedies available to
the City under such laws; and
WHEREAS, the City Commission finds it necessary to create a
Nuisance Abatement Board to declare property so used to be public
nuisances;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. New Chapter 45.5 of the Code of the City of
Miami, Florida, as amended, is hereby created, entitled "Public
Nuisance", reading as follows:
"Sec. 45.5-1. Public Nuisances, Definitions.
(A) Any building, place or premises located in
the City which has been used on three (3) or more
occasions documented by substantiated incidences as the
site of the unlawful sale or delivery of controlled
substances, or for any act as defined in Chapter 893 of
the Florida Statutes, and where there has been at least
one (1) criminal conviction for the acts defined in
_2_ 10883
F.S. Chapter 893, within a twenty-four (24) month
period from the date of the first substantiated
incident, at the same location is hereby declared to be
an unlawful public nuisance.
(B) Any building, place or premises located in
the City which has been used on three (3) or more
occasions, documented by substantiated incidences as
the site of the prohibited activities in Section 849 of
the Florida Statutes defined as, gambling, maintaining
a gambling house, illegal betting, bookmaking
activities, gambling promotion, possession and/or use
of gambling devices, and where there has been at least
one (1) criminal conviction for the acts defined in
F.S. Chapter 849 within a twenty-four (24) month period
from the date of the first substantiated incident, at
the same location, is hereby declared to be an unlawful
public nuisance.
(C) Any building, place or premises located in
the City which has been used on three (3) or more
occasions, documented by substantiated incidences as
the site of the prohibited activities in Section 796 of
the Florida Statutes defined as, keeping, leasing or
letting a house of ill fame and/or allowing a premises
or room to be used for the purpose of prostitution,
lewdness or assignation; forcing compelling or coercing
another to become a prostitute and/or deriving support
from the proceeds of prostitution and where there has
been at least one (1) criminal conviction for the acts
defined in F.S. Section 796 within a twenty-four (24)
month period from the date of the first substantiated
incident, at the same location, is hereby declared to
be an unlawful public nuisance.
(D) Any building, place or premises located in
the City which has been used for acts enumerated in
Chapter 823 of the Florida Statutes, on three (3) or
-3- 10883
more occasions documented by substantiated incidences
as the site of the prohibited activity defined as those
acts which tend to annoy the community or injure the
health of city citizens in general or corrupt the
public morals, and which have occurred as singular acts
in violation of F.S. Chapter 823 or in any collective
combination of the various sections thereunder, and
where there has been at least one (1) criminal
conviction for such acts within a twenty-four (24)
month period from the date of the first substantiated
incident is further declared to be an unlawful public
nuisance.
(E) Any building, place or premises located in
the City which has been used on five (5) or more
occasions, documented by substantiated incidents as the
site of prohibited activity enumerated in City Code
Section 6-23 defined as keeping or harboring noisy
dogs, and/or the site of prohibited activities defined
in City Code Chapter 36 defined as being the cause
and/or source of loud, excessive, unnecessary or
unusual noise, and have occurred either as the same
repeated acts in violation of City Code Section 6-23 or
City Code Chapter 36 or in any collective combination
of acts involving said Code provisions and where it can
be established by substantiated incidences that the
same property was used for such acts on five (5) or
more occasions within a twelve (12) month period from
the date of the first substantiated incident, is hereby
declared to be an unlawful public nuisance.
(F) For the purpose of this Ordinance
"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
-4-
10883
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 City Code Section 6-23
and/or City Code Chapter 36, shall mean such acts may
be verified by observation or report from a Public
Service Aide employed by the police department.
(G) For the purpose of this Ordinance
"conviction" is hereby defined and applied in
accordance with the provisions of Rule 3.701(d)(2) of
the Florida Rules of Criminal Procedure.
(H) For the purpose of this Ordinance "operator"
means a tenant, lessee, lessor, owner or person having
possession or charge of as agent or otherwise having
interest in or control of the building, place or
premises.
(I) For the purpose of this Ordinance "Complaint"
shall mean the official process by which cases are
initiated and brought before the Nuisance Abatement
Board.
Sec. 45.5-2. Creation of Nuisance Abatement Board.
(A) (1) The Nuisance Abatement Board of the City
of Miami is hereby created to serve as a quasi-judicial
forum in which controversies over the existence of
public nuisances may be resolved in the public interest
with due process of law. This board shall consist of
five individuals whose residences are located within
the City and who are appointed by the City Commission.
Three members of the Board shall serve an initial term
of two years and two members of the Board shall serve
an initial term of three years. Thereafter, all
members shall serve a term of two years. The Mayor and
each City Commissioner shall each nominate one member
for appointment to the Board. Upon expiration of
-5-
initial terms, subsequent appointments for two years
shall be made. Any member may be reappointed by the
City Commission for not more than three consecutive
terms. Appointments to fill a vacancy shall be for the
remainder of the unexpired term.
(2) Any member who fails to attend five
meetings within one year shall automatically forfeit
his/her appointment upon the Chairperson filing written
notice of such non-attendance with the City Clerk;
thereafter, the City Commission shall promptly fill
such vacancy for the remainder of the term.
(3) Members shall serve without compensation
but may be reimbursed for such travel, mileage, and per
diem expenses as may be authorized by the City Manager.
(B) (1) The members of the board shall elect a
chairperson who shall be a voting member from among the
members of the board. The presence of three members
shall constitute a quorum of the board. The Board is
authorized to establish its own rules of procedures.
(2) The chairperson of the board may call
hearings of the board. Hearings may also be called by
written notice signed by at least three members of the
board. The clerk of the board may also set future
hearing dates. The board shall attempt to convene no
less frequently than once every month but may meet more
frequently than once every month as the board may deem
necessary as provided herein. Minutes shall be kept of
all hearings and all hearings shall be open to the
public. The board may rely on advice from independent
legal counsel who shall be appointed by the City
Attorney. The City Commission, by and through the City
Manager shall provide all necessary clerical and
administrative staff support to the board, including
space and necessary expenses which may be reasonably
required by the board for the proper performance of its
duties.
-6- 10883
(3) The City Manager shall designate
1 clerical and administrative personnel as may be
reasonably required for the proper performance of the
board's duties. The clerk so designated in writing by
the City Manager shall be the custodian of all board
case files and documents pertaining thereto and shall
have the authority to certify orders and other
documents issued by the board; said clerk is also
empowered to administer an oath to witnesses appearing
before said board and to issue subpoenas in the name of
the board for service of process by any city police
officer.
(4) The City Attorney or designee thereof
shall represent the City as prosecutor and present
cases before the board, and shall not therefore act as
counsel for the board.
Sec. 45.5-3. Procedures.
(A) (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 (3) 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.
(2) The Complaint shall state facts that
reasonably tend to establish the existence of a public
nuisance located within the City of Miami. Such
Complaint of a public nuisance shall only be for those
as enumerated in City Code Section 45.5-1.
10883
-7-
(3) Any police officer making an arrest or
substantiating an incident or occurrence of any
statutory violation(s) or Code Section(s) set forth
herein or any Public Service Aide substantiating an
incident or occurrence of a breach of any City Code
Section(s) set forth herein and pursuant to information
or independent observation shall submit a copy of every
such report and/or offense incident report to the
Office of the Chief of Police or designee thereof who
shall process all such reports and determine when the
requisite number of occurrences or violations have
taken place as set forth in City Code Section 45.5-1.
(B)(1) In each case where such determination has
been made in accordance with Subsection (A) above, the
case shall be processed through the Office of the Chief
of Police and forwarded to the City Attorney for
his/her determination that such case is sufficient for
presentation to the board for its consideration and
disposition as provided herein.
(2) The City Attorney, or designee thereof,
upon receipt of verification by the Office of the Chief
of Police that all administrative prerequisites have
been satisfied shall direct the clerk of the board to
'prepare a case folder for a Complaint related to the
maintenance of the public nuisance as defined in City
Code Section 45.5-1. The City Attorney or designee
thereof prior to presenting a case to the board shall
review said case for legal sufficiency and, if
applicable, shall promptly notify the clerk of the
board of any legal insufficiencies in the case.
(C)(1) The Clerk of the Nuisance Abatement Board,
shall schedule all hearings and issue hearing notices
serving the same (a) by sending written notice of said
hearing by certified mail, return receipt requested, or
(b) by hand -delivering said written notice to the
F • i
operator of the premises at the operator's last known
address at least thirty (30) 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 Chapter 48 of the Florida Statutes, such
posting to take place not less than twenty (20) days
before the scheduled hearing date.
(2) The notice of hearing shall include a:
a. statement of the time, place, and
nature of the hearing;
b. statement of the legal authority
and jurisdiction under which the hearing is to be held;
C. reference to the particular
sections of the statutes and/or ordinances involved;
and
d. a short and plain statement of
facts summarizing the incidents complained of.
Sec. 45.5-4. Conduct of Hearings.
(A) The City Attorney, or designee thereof, shall
present evidence before the board on behalf of the
City. All parties shall have an opportunity to present
evidence and argument on all issues involved, conduct
cross-examination and submit rebuttal evidence, and to
be represented by counsel.
(B) The board may consider any evidence, including
evidence of the general reputation of the place or
premises. All testimony shall be given under oath and
shall be recorded. Formal rules of evidence shall not
apply, but fundamental due process shall govern the
proceedings. Orders of the Board shall be based upon
competent and substantial evidence.
(C) If the alleged violator(s) has been properly
noticed in regard to the hearing before the board and
-9- 10883
fails to appear, the board may proceed with a hearing
on the merits of the alleged violation. Any findings
or orders resulting from such hearing are valid and
binding upon said violator(s).
Sec. 45.5-5. Post Hearing.
(A) At the conclusion of the hearing and after
considering all evidence presented at such hearing, the
board is authorized to issue findings of fact based
upon the evidence presented and made part of the record
that a public nuisance does not exist or that an
unlawful public nuisance does exist, upon finding that
an unlawful public nuisance does exist the board shall
immediately order any one or all of the following:
(1) the discontinuance of the nuisance;
(2) the closing of the place or premises;
(3) the prohibition of conduct, operation,
or maintenance of any business or activity on the
premises, and/or business or activity which is
conducive to the maintenance of such nuisance which
prohibition may include the suspension or revocation of
any City occupational license issued or renewed
pursuant to the provisions of City Code Chapter 31.
(4) the payment to the City of Miami by the
operator(s) of a fine of Two Hundred Fifty Dollars
($250.00) for an initial finding by the board of the
existence of a public nuisance and Five Hundred Dollars
($500.00) for each subsequent finding in at or on the
same premises.
(B) The findings and orders shall be by motion
approved by a majority of those present and voting.
Any motion failing to obtain the required vote shall
preclude the issuance of said findings and order.
(C) An order entered pursuant to this Chapter,
shall expire after one (1) year or at such earlier time
as stated in the order. The board may retain
-10- 10883
jurisdiction to modify said orders prior to the
expiration of said orders, where just cause is found to
exist.
(D) The board may bring a complaint under
Section 60.05 of the Florida Statutes seeking a
permanent injunction against any nuisance described
herein.
Sec. 45.5-6. Enforcement of Orders.
(A) The City Attorney is authorized to initiate
contempt proceedings in the Circuit Court of the
Eleventh Judicial Circuit for willful disobedience or
failure to comply with any Order of the board.
(B) Further, the City Attorney is authorized to
initiate proceedings in any county, state or federal
forum for the suspension or revocation of any permits,
licenses, concessions or contracts held or awarded to
the violator including contracts awarded under
Section 24.112 of the Florida Statutes and including
licenses for the sale of beverages issued under
Section 561.19 of the Florida Statutes where the
existence of such permits, licenses, concessions or
contracts is conducive to the maintenance of such
nuisance.
(C) Orders of the Nuisance Abatement Board issued
pursuant to this Chapter shall be posted at the place,
building, or premises where the public nuisance exists,
existed or is occurring, in violation of the law and
shall be sent by certified mail to the owner of record
of said place, building, or premises within two
business days of the posting.
(D) Five business days after the posting of an
order issued pursuant to the Nuisance Abatement Board,
City Police Officers shall be authorized to act upon
and enforce such orders in accordance with Sec. 45.5-5
hereof.
-11- 10883
Sec. 45.5-7. Appeals.
An aggrieved party, including the City, may appeal
a final order of the Nuisance Abatement Board to the
Appellate Division of the Circuit Court of the Eleventh
Judicial Circuit. Such an appeal shall not be a
hearing de novo but shall be limited to appellate
review of the record created before the Nuisance
Abatement Board. An appeal shall be filed within
thirty (30) days of the date of the written order
appealed from.
Sec. 45.5-8. Enjoining of Nuisances.
When any business person, party or entity is found
to be erecting, establishing, continuing, maintaining
ownership or to be leasing the use of any building,
places or premises located in the City and in which the
health of the community is threatened or the morals and
welfare of the people are injured and in which any
nuisance exists as defined in Section 823, Section 893,
Section 796 or Section 849 of the Florida Statutes or
any of the City Code Sections as stated herein, such
business persons, parties or entities may be sued by
the City Attorney in the name of the State of Florida
or by any citizen of the City for such relief and
damages as may be recognized by law.
(A) The Nuisance Abatement Board may bring a
complaint under Section 60.05 of the Florida Statutes
and seek a permanent injunction against any public
nuisance.
(B) All powers and rights conferred by this
Section shall be in addition to and supplemental to
those conferred by any other general or special laws
governing public nuisances and shall be liberally
construed to effectuate the purpose of this Chapter.',
Section 2. Rights Preserved. This Section does not
restrict the right of any person to proceed under Section 60.05
of the Florida Statutes, against any public nuisance.
-12-
10883
Section 3. If any phrase, clause, sentence, paragraph or
section of this Ordinance shall be declared invalid or
unconstitutional by the judgment or decree of a court of
competent jurisdiction, such in validity or unconstitutionality
shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance.
Section 4. This Ordinance shall become effective
September 1, 1991.
PASSED ON FIRST READING BY TITLE ONLY this llth day of
April , 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 9th day of May , 1991.
City Clerk
PREPARED AND APPROVED BY:
'�e i,
PAMELA PRIDE-CHAVIES
Assistant City Attorney
PPC/ebg/bss/M793
APPROVED AS TO FORM
AND CORRECTNESS:
A-- 04�
JOFGE L. NANDEZ
City Attor ey
-13- 10883
Of �t�txLt►1
MATTY HIRAI
i City Clerk
CESAR H. ODIO
City Manager
r0 FAQ
j
i
IIILB8
t May �3 1991
9
Mr. Robert L. Laslie
Vice -President Supplements
I Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
3 Dear Mr. Laslie:
Enclosed herewith please find a revised coy
the following
Ordinance which amends the Code of the City OffMiamil Florida
and which should be substituted for the version sent to you on
May 15, 1991:
10883
If I can be of any further assistance
call. , please do not hesitate to
VgValerzieGrPenwood
rs
i
Deputy City Clerk
Enc. a/s
.�i
OFFICE OF THE CITY CLERK/3soo pan American Drive/P.O. Box 330708/Miami, Florida 33233-07oe/ 305 250-5360
MATTY HIRAI
City Clerk
t of �fftaxti,-)j tL
5
G�rO,FVn
CESAR H. ODIO
City Manager
May 23, 1991
Mrs. Priscilla Domeneeh
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
Dear Mrs. Domenech:
Enclosed herewith please find a revised of theco
ollowin
Ordinance which amends the Code of the City of Miami,fFloridag
and which should be substituted for the version sent to you on
May 15, 1991:
10883
'Please acknowledge receipt of same by affixing
the enclosed co 6 Your signature to
copy of this letter and return it to this office for
our files.
i
Thank you.
Very truly Yours,
MATTY HIRAI
I City Clerk
BY:
D PUTY CITY Rg
RECEIVED BY:
i DATE:
MH:vg
Ene. a/s
iOFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/1305) 250.5360
I
\ W 1
G 1ie�ii Ii'u r
IAz!
a
CESAR H. ODIO
City Manager
May 23, 1991
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
i Enclosed herewith please find a revised copy of the following
Ordinance which amends the Code of the City of Miami, Florida,
and which should be substituted for version sent to you on May
15, 1991:
10883
.Please acknowledge receipt of same by affixing your signature to
the enclosed copy of this letter and return it to this office for
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY:
DEPUTY CITY LERK
RECEIVED BY:
DATE:
MH:v
g
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330706/Miami, Florida 33233-0706/(305) 250-5360
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
'A
Miami, Dade County, Florida.
S
STATE OF FLORIDA
COUNTY
A
OF DADE:
Before the undersigned authority personally appeared
t
Sookle VAIllams, who on oath says that the Is the Vice
President of Legal Advertising of the 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
.4
Legal Notice
May 9, 1991
C
Re: Ordinance No. 10883
In the ...... X X X
....... .......................... Court,
was published In sold newspaper In the Issues of
May 16, 1991 3.
Affiant further says that the said Miami Review Is a
newspaper published at Miami In said Dade County, Florida, EPA
and that the said newspaper has heretofore been continuously
Saturday, ,
h d In said Dade County, Florida each day (except LI 6. j ICI
"
at
urd Y, Sunday and Legal Holidays) and has been entered as COS I T IT Iff
second class mail matter at the post office In Miami In said _;'FO ' -,: E - ')
Dade C Florida, for a period of one year next preceding 'r..
the ' efirs?uMI ation of the attached copy of advertisement, and T � * f,
3 1�'
a ff fil ,ant 1. he says that she has neither paid nor promised any LIQUORS
person, fI or corporation any discount, rebate, commission
pu Be 0 sac
u ".4
Or refu d r the securing this advertisement for
public In the so newspaper. ty-
Sworn to fore me this
19.
I PUSLIC!,N'
(SEAL) cr, F
ME I E
"OFFICIAL NOTARY SEAL"
OCTELMA V. FERBEYRE PR BE
-,
nY CO*i. EXP. 7/9/94
Fig:
P f_.
.1 E.DATE
-
INN
DI
IN P11
F MID
A
1.71 kl
!,,AARTJQ
REBID
A
N
J
AN ORDINANCE ;ES
MENT F_ - 7 .... � OUSING:A AND URBAN OE
'
M
AWARD AND, $1,41.00,000 PROM"CO'lVIu
BLOCK GRANT PROGRAM I NCOME I (SIE I VI
A11OTAL'X10APPROPRIA . N OF$114,0113
REPEALER PROVISI
PWAND A SEVERA11311
ORDINANCE NO, 1081
.AN:EMERGENCY ORDINANCE ESTABLISI
ENUE FUND.: ENTITLED "IFEDERATIOW,
SOCIETIES WAVIRON",'ANID - "APPROPRIATI
F_ $4& " ' R_
.IN ,THE -AMOUNT 0 099:-AS�A,Q, ;GRAN
.Tokof,DAbt�:COU14TY,-.T('?YRIS-T,","6,gVELO . P
FOR THE.': PUAPOSE;: OF?RQ , I P
INTERNATIQNAILE'0_ . .0WINGJ�
,91S�SOCiEtEl§ D`AVIRC
BE HELD AUGUST 28-SEPTEM13ER 11,19911
DIUM; AUTHORIZINQ`THE CITY MANAGE
DES
TAN
DADE COUNTY TO ACCEPT SAID
REPEALER PROVISION AND $EVERAE3IL
Said nrdinarit-an may ha lnianda;,i I A hu
I=
f t�
MATTY HIRAI
City Clerk — CESAR H. ODIO
City Manager
rc� FX.
May 15, 1991
Ms. Janet Reno
State Attorney
1351 N.W. 12th Street
Miami, FL 33125
Dear Ms. Reno:
Enclosed herewith please find a co
py of which amend the Code of the City of Miami,hFloridawing Ordinances
10882 10883
Please acknowledge receipt of same by affixing
to
the enclosed copy of this letter and return ittoothis ur loffice efor
our files.
Thank you.
Very truly yours,
MATTY HIRAI
City Clerk
BY: "CITYICLERK
D PUUTY
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
OFFICE OF THE CITY CLERK/3soo Pan American Drive/P.O. Box 330700/Miami, Florida 33233-0706/(305) 250.5360
MATTY HIRAI
City Clerk
s
pit NI Owl •
CESAR H. ODIO
City Manager
May 15, 1991
Mrs. Priscilla Domenech
Court Operations Officer
1351 N.W. 12th Street, Rm 7--701
Miami, FL 33125
Dear Mrs. Domenech:
Enclosed herewith
which amend the Code ofefind a copy of the City of Miamitheollowing Ordinances
,Florida:
10882 10883
Please acknowledge receipt of same by affixing
the enclosed copy of this letter and return ittyoour signature to
our files. this office for
Thank you,
RECEIVED BY:
DATE:
MH:vg
Enc. a/s
Very truly yours,
MATTY HIRAI
City Clerk
BY:
DEPUTY CITY C RK
OFFICE OF THE CITY CLERK/3500 pan American Drive/P.o, Box 330708/Miami, Florida 33233-0708/(305) 2S0
5360
�tttxtt
MATTY HIRAI '73
City Clerk
O ueii iiO1 �
CESAR H. 01310
City Manager
May 15, 1991
Mr. Robert L. Laslie
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Mr. Laslie:
Enclosed herewith please find a copy of the following Ordinances
which amend the Code of the City of Miami, Florida:
10882 10883
If I can be of any further assistance, please do not hesitate to
call.
Very truly urs,
I
.t
Valerie Greenwood
Deputy City Clerk
Enc. a/s
MOY— 2-91
THU 1 0 : 1 9 LAW ,DE; PT
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
L
TO Honorable Mayor DATE Ma
; 91-317
and Members of the City Commission y' 2� X991 FnEJ►-
SUBJECT Nuisance Abatement A-90-00039
Ordinance
PnQm Jorge L. Fernandez
City Attorney REFERENCES:
ENCLOSURES:
The attached proposed Ordinance has been modified forty second
reading by providing for the following:
1. Appointment of independent legal counsel by the City
Attorney.
2. Three day Notice to the Owner of a place or premises
before filing of a sworn complaint.
3. M50-00)
osition of a fine of Two Hundred Fifty Dollars
upon a finding that an unlawful
nuisance exists on a first violation and five Hundred
Dollars ($500.00) for each subsequent violation found
to exist in, at, or on the same premises.
4. An effective date of September 1, 1991.
PPC/ebg/P673
10883
APR— 4-91 THU 21 42 LAW nEEPT
CITY OF MIAMI, FLORIDA
INTER•OFFICLI MEMORANDUM
t
TD Honorable Mayor and Members DATE
of the Cit C mmission April 4, 1991 J*e91-317
rsua+ECT . Proposed Draft
Nuisance Abatement Oxdinan
FROM Jo r a L. Per enCiez City Commission Meeti
City Attorne REFERENCE, ngApril 11, 1991
ENCl000Ri9 .
The Attached proposed draft ordinance has been prepared for
your consideration in an effort to assist in the enforcement of
abating specified nuisances within the City of Miami.
PPOISSS
Vcs Cesar H. Odio, City Manager
Attni Aurelio Perez-Lugones
Legislative Administrator
Matty Hirai, City Clark
10883
9-i