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Home My WebLink AboutO-10696J-89--1139 1/9/90 11 ORDINANCE NO. _OLOG96 AN ORDINANCE AMENDING SECTION 37-71 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OPEN AND VACANT STRUCTURES," BY PROVIDING FOR ACCEPTABLE METHODS OF SECURING AND SEALING VACANT STRUCTURES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City is concerned with vacant structures which are improperly secured from public access thereby creating a nuisance to the public and a menace to public health, welfare and safety; and WHEREAS, the City Commission wishes to eliminate these hazards; and WHEREAS, the City Manager recommends adoption of the proposed Ordinance as an effective means of elimination of these nuisances; and WHEREAS, the City Commission finds it is the best interests of the health, safety and welfare of the citizens of Miami to adopt this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY 1;JF MIAMI , FLORIDA: Section 1. Section 37-71 of the Code of the City of Miami, as amended, is hereby further amended in the following particulars:1 "Sec. 37-71. Open and vacant structures. (a) No owner of a structure in the City shall allow such structure to be maintained in an unsecured and vacant manner. (b) Any structure which is unsecured and vacant is hereby declared to be a public nuisance and in violation of this section. 1 Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. (o) If a structure is found to be unsecured and vacant, the city manager or designee shall issue the owner a notice of violation which requires the structure to be secured and sets forth a reasonable time for such action to take place. The vacant structure shall be secured and sealed in a manner that �o • . o. -t - �• ••�c • •� He }�_.^_ building code. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 7th day of December , 1989. PASSED ON SECOND AND FINAL READING BY TITLE ONLY this 11th day of _ January , 1990. CITY CLERK PREPARED AND APPROVED BY: E. MAXWE L EF ASSIST NT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: .(,.N t L.—F RNANDEZ ATTORNEY JEM/db/M572 4AL I XAVIER L. SUAREZ, MAYOR _2- 010696 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission N. /N , t FROM: - Jo ge C. Fe nanctez City Attornpy DATE : January 9, 1990 FILE : J-89-1139 SUBJECT : Second Reading Ordinance/ Open and Vacant Structures REFERENCES : City Commission Meeting January 11, 1990, Item #17 ENCLOSURES: ( 1 A modification in the referenced item has been made since its adoption on first reading on December 7, 1989. The reference to materials other than concrete block for use in abating an unsafe condition has been changed from 'same' durability to 'similar' disability. We have also defined the phrase 'good workmanship' to mean a construction product which conforms to specifications and requirements of the Building Code. The attached approved modified ordinance should be submitted for the version which was distributed in the Agenda Packet. JLF/RFC/bss/P762 cc: Cesar H. Odio, City Manager Matty Hirai, City Clerk Edith Fuentes, Director, Department of Building and Zoning Joel E. Maxwell, Chief Assistant City Attorney 010696 NOV-29-89 TUM 1 1 :!S':.'S 17 CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM TO The 11onorAble Mayor and DATE NOV 2 8 1989 FILE Mumberrs of the City Commission - suaua:cT Proposed •Ordinance _ . - Amending this City Codc Chapter 37, Section 37- hHUM Rt/EnENCl71 to Indicate Method Cesar H. Odi ''or securing vacant City Manager EavCuasualYnaxfe Structures Recommendation It is resp1w.tfully recommended that the City Commission adopts the attached ordinance amending the City Code Chapter 37, Se:ct'lon 37-71. "Open and Vacant Structures" to indicaL•e ananne r• of .securing a vacant, open and unsafe structure. .Background Cn March 3, 1989, the City Commission passed ordiratinc;e No. 1056E which provides for a 3LruuLur•e which is vacant and unsecured to be brought before thcs Code Enforcement Board if no immediate remedial action is taken by ttie owner. ' Thls ordinance: did not include specific methods of securing the structure which would be aceeptab3e by the City and which woulca be durable. The Building & Zoning, Department is proposing a specific manner of sealing a vacant, open and Unsafe structures, which is acceptable both from a security and durability point of view. :a • U 10696 MIAMI 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 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. 10696 X X X in the ......................................... Court, was published in said newspaper In the Issues of Jan. 23, 1990 Alflant further says that the said Miami 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 kas been entered as second ass mall matter at the post office In Miami In said Dade u ty, Florida, for a period of one year next preceding the if t p blicatlon of the attached copy of advertisement; snd affla t fu her says that she has neither paid nor promised any pars n, rm or corporation any discount, rebate, commission or f d for the urpose of securing this advertisement for pub I lion In the aid newspaper. oV'toFa6 ribed before me this • y., .. ., AID. 19.9o.. Notary Public SWe fFFIr ride at Large (SEAL) to AOQ 1 G My Comml o,t%�xp CITY OF MIAMI, FLORIDA LEGAL (NOTICE All interested persons will take notice that on the 11th,day of-<. January, 1990, the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO. 10687 AN EMERGENCY ORDINANCE, WITH ATTACHMENT, ESTABLISHING A NEW SPECIAL REVENUE FUND ENTI< TLED: "MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN/LAND DEVELOPMENT REGULATIONS: FY189.90'. APPROPRIATING FUNDS FOR ITS OPERATIONIN THE AMOUNT OF $216,417 COMPOSED OF $216,417 FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AUTHORIZING THE CITY, MANAGER TO ACCEPT THE GRANT AWARD FROM THE.FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS' TO ASSIST THE CITY IN PREPARING OR MODIFYING LOCAL LAND DEVELOP, MENT REGULATIONS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE THE NECESSARY-AGREEMENT(S); IN SUBSTANTIALLY' THE ATTACHED FORM; FOR THEACCEPTANCE:OF SAID GRANT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN.EFFECTIVE DATE. ORDINANCE NO.10688 AN ORDINANCE AMENDING CHAPTER 38.OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST OR ITS EXECUTIVE DIRECTOR TO PERMIT WITH . CERTAIN EXCEPTIONS, THE SALE OR DISPENSING OF ALCOHOLIC, BEVERAGES; INCLUDING BEER AND WINE, IN.SOFT CONTAINERS IN THE CLAUDE''AND MILDRED PEPPER BAYFRONT PARK, SUBJECT TO COMPLIANCE WITH,ALL APPLICABLE STATE AND LOCAL REGULATIONS; MORE PARTICULARLY, BY CREATIN&A NEW CODE SECTION 38-49.2; CONTAINING'A REPEALER PROVISION AND A.SEVERABILITY CLAUSE. ORDINANCE NO.10689 AN ORDINANCEESTABLISHING A.NEW:SPECIAL REVENUE FUND ENTITL' EC0'DADE COUNTY EMS GRANT AWARD (FY-89)' . APPROPRIATING FUNDS FOR THE OPERATION OF SAME W',THE AMOUNT, OF-$283,997i CONSISTING OF A $283,997 GRANT APPORTIONED BY METROPOLITAN DADE COUNTY FROM THE STATE OF' FLOROADEPARTMENT OF.HEALTH AND REHABILITA- TIVE SERVICES UNDER THE "FLORIDA. EMERGENCY MEDICAL SERVICES GRANT PROGRAM F.OR COUNTIES' AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED_ GRANT AWARD AND ENTER INTO THE NECESSARY CONTRACT AND/OR AGREEMENT WITH THE:FLORIDA DEPARTMENT;'OF HEALTH'AND REHABILITATIVE SERVICES AND/OR METROPOLITAN' DADE, COUNTY;'CONTAINING 'A REPEALER PROVISION AND A SEVERABILITY:CLAUSE: ORDINANCE NO.10690 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE . NO. 1D642,' THE CAPITAL IMPROVEMENT APPROPRIA-.,. TIONS ORDINANCE BY INCREASING,THE_TOTAL, APPROPRIATIONS TO.THE CAPITAL PROJECT; ENTITLED 'SOLID WASTE COLLECTION EQUIPMENT-FY'MFY'91 PROJECT NO 353010 BY $750,000,00,, SAID AMOUNT - BEING AVAILABLE FROM THE CERTIFICATE'.OFi', PARTICIPATION (C.O.P,); CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.' - ORDINANCE NO.10691 AN ORDINANCE ESTABLISHING THE GOAL OF THE MIAMI CITY COMMISSION OF MAINTAINING: THE, SEP TEMBER 30, 1989 FUND BALANCE OF THE GENERAL FUND 1N AN AMOUNT, WHICH COULD NOT BE LESS THAN $6,000,000 BUTCOULD BE MORE DEPENDING ON THE FINAL'ACCOUNTING`STATEMENT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1989 AND REQUIRING THAT A SEPARATE ACCOUNT BE ESTABLISHED IN WHICH SAID FUND BALANCE IS TO BE DEPOSITED ALONG WITH ANY INTERESTEARNEDBY THE FUNDS IN THE ACCOUNT; FURTHER INCREASING FUTURE YEAR ENDING FUND BALANCES IN THE ACCOUNT BY A MINIMUM OF $1,006,OOD PER FISCAL: YEAR FOR THE NEXT FOUR_YF.fRS, WITH THE MINIMUM BALANCE IN THE ACCOUNT INCREASING TO A MINIMUM OF $10,000,000 BY THE END OF SUCH TERM; FURTHER INSTRUCTING' THE CITY MANAGER TO TAKE THE NECESSARY ACTIONS TO ACHIEVE SAID GOAL; FURS j THER PROVIDING THAT THE SAID,MONIES:IN SAID ACCOUNT SHALL NOT BE THE SUBJECT OF _APPRO- PRIATIONS UNLESS THERE IS A FAVORABLE VOTE OF 415TH OF THE CITY COMMISSION; CONTAINING REPEALER PROVISION AND A SEVERABILITY.CLAUSE, I 1 OF 2 ORDINANCE NO.10692 AN OADINANCti ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "DHRS NEW REFUGEE EMPLOYMENT AND TRAINING PROGRAM (FY'90)" FUR- THER AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, IN THE AMOUNT OF $56 650 AND ENTER INTO THE NECESSARY CONTRACT EMPiLLOYMENT AND NT TIRAIN NGITH T SCONSORTRUM CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. ORDINANCE NO.10693 AN ORDINANCE AMENDING CHAPTER 54, ARTICLE VI. ENTITLED "SIDEWALK CAFES", OF THE CODE OF THE CITY OF MIAMI; FLORIDA, AS AMENDED, BY MAKING THE FOLLOWING MODIFICATIONS: EXPANDING THE BRICKELL AREA CAFE ZONE; FURTHER, IN REGARD TO SUCH ZONES GENERALLY BY REVISING THE PERMIT FEE; MAKING CORRECTION TO THE STANDARDS AND CRITERIA; -ADDING A RESTRICTION AGAINST THE GEN. ERATION OF LOUD NOISE AS A FORM AND CONDITION OF THE PERMIT; PROVIDING FOR A TEMPORARY SUS. PENSION OF'A PERMIT FOR CAUSE; REINSTATEMENT OF A SUSPENDED OR REVOKED PERMIT BY THE DIREC. TOR OF PUBLIC WORKS UNDER SPECIFIC CONDITIONS; AND, ESTABLISHING A MINIMUM TIME PERIOD FOR RE -APPLICATION AFTER REVOCATION; MORE PARTICULARLY BY AMENDING SECTIONS 54-109, 54.111, 54•114, 54.116, 54-117 AND 54.118; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO.10694 AN ORDINANCE AMENDING SECTION 38.8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA. AS AMENDED, BY INCREASING EXISTING RATES FOR THE USE OF OES- IGNATED AREAS AT THE MANUEL ARTIME COMMUNITY CENTER; ESTABLISHING RATES FOR THE USE OF THE MINI -PLAZA AND MINI -PARK AND AUTHORIZING APPROVAL OF SPECIAL RATES AND FEE WAIVERS BY THE'CITY COMMISSION AT SAID CENTER FACILITIES; REVISING THE INSURANCE REQUIREMENTS; RENAMING THE LARGE AUDITORIUM OF BUILDING "A" AS THE MANUEL ARTIME PERFORMING Af1TS CENTER; :CONTAINING A REPEALER PROVISION AND A SEVER. ABILITY CLAUSE. ORDINANCE NO.10696 AN ORDINANCE AMENDING SECTION 53.151 OF ,THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH PERTAINS TO PROCEDURES AND USER FEES -AT THE COCONUT GROVE EXHIBITION CENTER BY CHANGING. FEES WHICH ARE DETERMINED BY THE TYPE OF EVENT BEING HELD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, ORDINANCE NO.10696 AN ORDINANCE. AMENDING SECTION 37.71 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OPEN AND VACANT STRUCTURES," BY PROVIDING FOR ACCEPTABLE METHODS OF SECUR- ING AND SEALING VACANT STRUCTURES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, ORDINANCE NO.10697 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 10619, ADOPTED. JULY 27, 1989, BY INCREASING THE APPROPRIATION TO THE SPECIAL REVENUE FUND ENTITLED "JTPA TITLE IIOLDER WORKER (FY'90)" BY $8,300 THEREBY INCREASING THE APPROPRIATION FOR SAID SPECIAL REVENUE FUND TO $18,675; ALSO INCREASING THE APPROPRIATION TO THE SPECIAL REVENUE FUND ENTITLED "JTPA TITLE IIAINEIGHBOR- HOODS JOSS PROGRAM (FY'90)" BY $42,321, THEREBY. INCREASING THE APPROPRIATION FOR SAID SPECIAL REVENUE FUND TO $366,834 FOR THE OPERATION OF THE NEIGHBORHOODS JOBS PROGRAM. ORDINANCE NO.10698 AN ORDINANCE AMENDING SECTIONS 1, 3.4 AND 5 OF ORDINANCE NO. 10648, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1990, ADOPTED SEPTEMBER 28, 1989, BY CREATING A NEW SECTION 2.1, DEBT SERVICE FUND; FOR THE PURPOSE OF FORMALIZING CITY COMMISSION ACTIONS AND IMPLEMENTING OTHER AMENDATORY CHANGES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10699 AN EMERGENCY ORDINANCE AMENDING, SECTION 1 OF ORDINANCE NO. 10642, AS AMENDED, THE CAPI- TAL IMPROVEMENT APPROPRIATIONS ORDINANCE BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "CITY-WIDE TELEPHONE SYSTEM", PROJECT NUMBER 311021 IN THE TOTAL AMOUNT OF $1,339,900.00; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10700 AN ORDINANCE AMENDING ORDINANCE 10544,: AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBOR- HOOD PLAN 1989.2000, BY AMENDING THE DEFINITION OF THE LAND USE ELEMENT TO REFINE THE DEFINI. TIONS OF RESIDENTIAL, OFFICE, AND INDUSTRIAL; AND AMENDING THE HOUSING ELEMENT OBJECTIVE 1.3 AND POLICY 1.3.4 AND DELETING POLICY 1.3.51T PERTAINS TO COMMUNITY BASED RESIDENTIAL FACIL- ITIES, ADULT CONGREGATE LIVING FACILITIES, FAM. ' ILY HOMES AND FAMILY GROUP AND GROUP HOMES; AND CORRECTING SCRIVENER'S ERROR; INSTRUCTING : THE CITY CLERK TO TRANSMIT THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; CONTAINING A REPEALER PROVISION SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 10701 j AN ORDINANCE WITH ATTACHMENT, AMENDING ORDINANCE 10544, AS AMENDED, THE MIAMI COMPRE- HENSIVE NEIGHBORHOOD PLAN 1989.2000, DRAINAGE SUB -ELEMENT, POLICY NO. 2.1.3, BY SPECIFYING WHICH STORM SEWERS IN THE CITY WILL BE .DESIGNED FOR A ONE -IN -FIVE-YEAR EVENT AND ESTABLISHING A SPECIFIC LEVEL OF SERVICE (LOS) STANDARD FOR THE REMAINDER OF THE STORM SbM ERS; COASTAL MANAGEMENT SUB -ELEMENT, POLICY 4.1.2. DEFINING AND DESIGNATING THE COASTAL HIGH - HAZARD AREA WITHIN THE CITY OF MIAMI; AND ADOPTING CONSISTENT LEVEL OF SERVICE STAND-. ARDS IN BOTH THE DRAINAGE SUB -ELEMENT AND POLICY NO. 1.2.3(4) OF THE CAPITAL IMPROVEMENTS ELEMENT; DIRECTING TRANSMISSION TO THE DEPARTMENT. OF COMMUNITY AFFAIRS; CONTAINING A REPEALER PROVISION SEVERABILITY CLAUSE AND EFFECTIVE DATE. 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. 8:00 a.m. and 5:00 p.m. (6251) MATTY HIRAI a -w: CITY CLERK 1123' ,, MIAMI,,FLORIDA > ~. 90 4-012391 M