HomeMy WebLinkAboutItem #24 - First Reading OrdinanceJ ►91-317
4/11/91
ORDINANCE NO.
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 Legisla�Ore is aware that Florida is j
facing a crisis of ramat c pr'�pportions due to the rapidly
increasing crime rat d e to uglland substance abuse and other
related ac vities a 4da
WHERE , e ommission of the City of Mfn',at
, is
aware, that a unlawful cts repeaValy
cu� or on the
same buildin place or pr mise i ty of Miami and that
these establishments an ropN�esn such use, operate in
flagrant violation of sta s 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