HomeMy WebLinkAboutO-10370J-H7-965
1.1/10/97
ORDINANCE NO. 0370
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE X,
ENTITLED "CODE ENPORCEMENT BOARD" OF THE; CODE
OF THE CITY OF MIAMI, ELORIDA, AS AMENDED, BY
UPDATING THE PROVISIONS OF SAID ARTICLE To
CONFORM WITH RECENT CHANGES IN THE FLORIDA
LAW GOVERNING LOCAL CODE ENFORCEMENT BOARDS
MORE PARTICULARLY AMENDING CODE SECTIONS
2-392, 2-3930 2-394, 2-395, 2--3960 2-397, 2-
398, AND 2-399; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Sections 2-392, 2-393, 2-394, 2-395, 2-396,
2-397, 2-398, 2-399 of the Code of the City of. Miami, Florida, as
amended, are hereby amended in the following par.ticularsl .
"Sec. 2-392. Composition; terms;
organization; role of city attorney.
(a) The city commission shall promptly
appoint a seven -member code enforcement
hoard. Members of the board shall be
residents of the city. Appointments shall be
made in accordance with the city charter on
the basis of experience or interest in the
fields of zoning and building control. The
membership of the board shall whenever
possible consist of an architect, a
businessperson, an engineer, a general
contractor, a subcontractor, and a realtor.
(b) The initial appointments to the
enf ,^t board shall be as follows:
(1) Two (2) members appointed for
a term of one (1) year.
(2) Three (3) members appointed
for a term of two (2) years.
(3) Two (2) members appointed for
a term of three (3) years.
Thereafter, all appointments shall be
for a term of three (3) years, A member may
be reappointed €-ems- ne (-1) raeeessiye—tF
upon the. approval of the city commission.
Appointments to fill any vacancy on the
en€a,_T board shall be for the remainder
of the unexpired term of office. If a member
fails to attend two (2) of three (3)
successive meetings wthoLlt cause and without
prior approval of the eha chairperson,
l Words and/or figures si;ri��'�cen through shall be deleted. Underscored words and/or figzares shall be added. The
remaining provisions are now in effeet and remain unchanged.
Asterisks indicate omitted and unchanged material.
37
C
the hoard shall declare the member's office
Vacant. The clerk of the board shall. inform
the city Ct.)mmission in writing of such
declaration, and the city comt►i.ssion shall
promptly fill: such vacancy. The members
shall serve in accordance with the City
charter and may be suspended and removed ?.-)y
th4-- city commission for good cause shown.
(c) The members of the n f^�.�ent
board shall elect a hazes- chai-pe-rson who
shall he ayotii)(j member,# from among A-*-� the
members of the board. The prcBence of four
(4) or more member 5 ;hall constitute a quorum
of the board. Members shall serve without
compensation, but may be reimburse,-] for such
travel., milea(je, and per diem expenses as may
be authorized by the city commission or as
otherwise provided by law.
(d) The city attorney or ,in assistant
city attorney acting by and through the city
attorney shall represent the city by
presenting cases before the eed e�erze«�mti=ems
board.
Sec. 2-393. Code inspector.
The following individuals and their
designated agents, acting by and through
them, are hereby authorized and it is their
duty to ensure .ode compliance;
( 1) The sul , director of the
building and zoning in8peetieR diytsiee-�T
the EiEey---F e s eee and-- m s p e e t i ear s e r— its
department.
(2) The director of the fire, rescue
and inspection services department.
+-2+(3) The chief of the police
department.
-f-3+(4) The director of the public
works department.
+.4+(5') The director_ of the solid
waste department.
4-4+(6) The director of the finance
department.
Sec. 2-394. Enforcement procedure.
(a) It shall be the duty of the
individuals designated in section 2-393 to
initiate enforcement proceedings of the
various code violations. Neither the board
nor any individual member of the Bede
t board shall have the power to
initiate such enforcement proceedings.
('h) Except as provided in subsection
(c) hereof, if a violation of the code is
found, the code .inspector shall notify the
violator in writing and give him or her a
reasonable time to eorrect the violation.
Should the violation continue beyond the time
specified for Correction, the cede inspector
t2.
shall request: a hearing in writing pursuant
to the procedure outlined in seo-ti.7n 2-395
hereof, tE approved by the city attorney;
the violation will be scherlu Led for a hearing
and written notice shall be given to s aid
violator as ptovided herein, 1.f the -
violation is _correcte_d and th7 !(I reCurS or iE
the viol.:iti=-gin is not corrected by the time
s ,ecit_ Leis [or correction by the crade
inspector, the case ma, _be resenteci to the
board even if the violation has been
corrected prior to the board `hear-int , and
notice shall so state.
(c) If the code inspector ha:- reason to
believe that a violation presents a serious
threat to ►;he public health, safety and
welfare or if the violation is irreparable or
irreversible in nature, the coode inspector,
shall make a reasonable effort to notify the
violater and may immediately notify the board
and request a hearing. The code inspector,
with the approval of the city attorney, may
proceed directly with the procedure outlined
in section 2-395 without following the
procedures of subsection (b), above.
Sec. 2-395. Conduct of hearing.
(a) The chairman of the
enfer-eeifient board may call hearings of the
board. Hearings may also be called by
written notice signed by at least three (3)
members of the board. The board at any
hearing may set a future hearing date. The
board shall meet at least once every month
but may meet more often as the demand
necessitates. Minutes shall be kept of all
hearings by the board and all hearings and
proceedings shall be open to the public. 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.
(b) Each case before the board, shall be
presented by either the city attorney or an
assistant city attorney after he has
determined that there is a legally sufficient
case to be presented.
(c) The board shall proceed to hear the
cases on the agenda for that day. The city
attorney shall ensure the presence of a court
reporter and, all testimony shall be under
oath and shall be recorded. The ft -afeeffl,n
board shall take testimony from the code
inspector and other witnesses, necessary to
the case. The alleged violator(s) and
owner(s) of the subject property shall be
given an opportunity to testify if desired
but may not be compelled to offer testimony
or any evidence whatsoever. As in any
administrative hearing, formal rules of
evidence shall not apply but fundamental due
process shall Ida observed and govern said
proceedings.
- 3- to,
(d) At the conclusion of the hear. inq,
t h e e 3 e- mc444 board s h a :1. 1 i s s u
findings or fact, based upon the evidence`
presented and made part of tho rrecord� '3-t
b e d 1�a-l�k e and conclusions' (,)f law, and
shall, issue an order_ affording the proper
relief consistent with the powers granted
herein. The findings shall be by motion
approved by a majority of those present and
voting, except that at least four ( 4 ) members
of the board must vote in order for the
action to be official. Any motion failing to
obtain the above -required vote shall. preclude
the relief requested by the petitioner before
the board as to the administrative remedies
afEorded by this article. If an appeal is
taken, the record shall be pr.eso rated to the
court on appeal and shall be subject to
review. The order may include a notice that
it must be complied with by a specified date
and that a Eine may be imposed if the order
is not complied with by said date.
(e) Once the alleged violator(s) has
been noticed as to the hearing before the
board and if the violator(s) fails to appear,
the board may proceed with a hearing on the
merits of the alleged violation. And
findings or orders resulting from such
'hearing are valid .end Minding upon said
violator(s) if a violation is found to exist.
( f ) Once, the owner(s) of the property
at which the alleged violation has occurred
has been notified in writing of the hearing
before the board and fails to appear, the
board may proceed with a hearing on the
merits of the alleged violation and any
findings or orders are valid and binding
against said owners)
(9) If a corporation is either the
violator or the owner of the property, notice
as outlined herein shall be effected upon the
designated resident registered agent. If the
corporation isa foreign corporation that has
failed to comply with section 48.091, Florida
Statutes, notice shall be permitted to be
[served] upon any employee at the
corporation's place of business or any agent
transacting business for it in this state.
Sec. 2-396. Powers of the code enforcement
board; miscellaneous administrative
directions.
(a) The board shall have the power to:
(1) Adopt rules for the conduct of
its hearings pursuant to this article.
(2) Subpoena witnesses and
documents to [appear at] its hearings; ritQ-
notify violatorsto appear before the board.
Subpoenas may be served by the sheriff of the
county or the police department of the city.
(3) Subpoena evidence,
(4) Take testimony under oath,
s4-
Q
(5) Issue orders having the force
of law commanding whatever steps are
necessary to bring a violation into
comp iatic e,
(b) At the hearing before the board,
the alleged violator and owner of the subject
property shall be given the opportunity to be
represented by an attorney, to call
witnesses, to present documentary evidenoe,
and to otherwise properly present his
position or defense.
(c) All Eormst notices, etc. , required
by this article are to be drawn up and
approved by the city attorney.
(d) All initial. notices to violators
and owners pursuant to this article shall be
sequentially numbered by the clerk of the
Bede eta-fer--�_�nt board. Each department
shall keep records of all cases initiated by
that department.
(e) The board shall have a clerk
appointed by the city manager who shall be
designated clerk of the code enforcement
board. Among other duties, the clerk shall
be custodian of all cases and documents
pertaining thereto [and shall have the
authority) to certify orders and other
documents issued by the board; to issue
subpoenas in the name of the board for
service of process. The clerk shall t-t4
ensure that fines are recorded in the public
records if they are not timely paid--, to and
shall notify the city attorney of any lien
that has not been paid after the expiration
of ene--(1-) two (2) years from the date of,
filing such lien. The clerk may notify the
city attorney that a lien has not been paid
at any time after a lien has been filed.
Sec. 2-397. Administrative fines; liens.
(a) The Bade erg-€arreefRent board, upon
notification by the code inspector or city
attorney that an order of the board
has not been complied with by the set time or
upon -finding that the same violation has been
repeated by the same v.iolator(s), shall may
order the violator(s) to pay a fine of
more than two hundred fifty dollars ($250.00)
for each day the violation continues past the
date set forcompliance in take beard
or for each time the
violation has been repeated, and a hearing
shall not be necessary For issuance of an
order.
(b) In determining the amount of the
fines if any, the board shall consider the
followinq factors;
rk
(1) The gravity of the violation;
(2) Any actions taken by th
o correct the violation; and
5-
t
( ). Any pt�evious �tions
commitldd by the violator.
(c) A cert i F ied copy of an t:-) rde. r
irn,Oosiny a fine may he recorded in the publ is
records and thereafter sha1.1, consti1:ate a
lien against the lance on which the violation
exists 4'C....h♦,. i. /S 1.. +i i- r:; Y�,� N' ty r` �-..iwn the
4and p and upon any other reel or per.-,Onal
property ,awned by the violator and may he
enfor.c`ecj in the same manner. -is i ot..ttrt
judgment by the sheriffs of th is state,
including levy against personal. 11roperty, but
shall hot be deemed otherwise try be a
judgment of a court except Eor en[or_ce.ment
purposes. After six (6.) months from filing
of any. such 11en which remains unpaid,_ the
board may authorize the (-i.ty, attorney to
foreclose on the lien. No lien created
pursuant- to Chapter 162, Florida , Statutes,,
may be foreclosed on real property which is a
homestead under Section 4, Article X of the
State Constitution.
+b+( d ) No lien provided by the Local
Government Code Enforcement 13oards Act shall
continue for a longer period than 2)
five (5) years after the certified copy of an
order, imposing a fine has been recorded,
unless within that time an action to
foreclose on the lien is commenced in a court
of competent jurisdiction. The continuation
of the lien effected by the commencement of
the action .shall not be good against
creditors or subsequent purchasers for
valuable consideration without notice, unless
a notice of lis pendens is recorded.
4-e4-(e) The board may issue an order
requiring payment of such administrative
costs not, to exceed fifty dollars ($50.00)
when t-he said costs are found to have been
incurred as a result of necessary actions
taken by the petitioner to bring about code
compliance.
Sec. 2-398. Appeal.
An aggrieved party, including the city,
may appeal a -al!Rq ^r final administrative
order of the Bede era-€-eaeeme� board, by a
Pe i�len few a wr-c-it elf--eeratie+rrT to the
circuit court of the Eleventh Judicial
Circuit of Florida. Such an appeal shall not
be a hearing de novo but shall be limited to
appellate review of the record created before
the board. An appeal shall be filed 'within
thirty (30) days of the execution of the
order to be appealed.
Sec. 2-399, Notices.
(a) All notices required by this
article shall be in writing and furnished by
certified mail, return receipt requested or
by hand
delivery by the sheriff or other_ law
enforcement officer #e code inspector., or
de'Sigr�ated agent acting by and through
the code inspector_, zn all cases the owner
n
- 6
K ..�:;..m...i-un.:-.+n .h a- 9t.:.. .. . ��.�.-2-.+r.mn...i..,� rr ..... .M.�• .. v.,ry wow r. ... ..ems.:.. ... ..wmn......rvRx�-:..a
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of the, subject property 44a44 be notified
in addition to anyont3 else also charged with
an alleged violati(--m occurring oo the :subject
property.
In addition to Providing notice as
set forth in subsection (a)-, at the option of
the boa cd not icr-� cqq y a Is o be served by
0 b I i a t io, n as follc S.
Such not. ioe sha 11. V)e publ i shed
once during each W P- e 1< r C-our (4)
consecutivi_ W e, (-:, 1" S {four plublications
being . sufficient) in a newspaper -)E jeneral
circulation in Dade County. The newspaper
shall meet such requirements as are
prescribed under Chapter 5pt. Florida
Statutes, for legal and official
advertisements.
(2) Proof of publication shall he
made as provided in §§ 50.041 and 50.051,
Florida Statutes,
(c) Notice by publication may run
concurrently with, or may follow, an attempt
or attempts to provide notice by hand
delivery or by mail as required _under-
subsection (a).
(d) Evidence that an attempt has been
made to hand deliver or mail notice as
provided in subsection (a), together with
proof of publication as provided in
subsection (2), shall be sufficient to show
that the notice requirements of this article
have been met, without regard to whether or
not the alleged violator actually received
such notice."
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, pa-ragraph,
clause, phrase, or word of this ordinance is declared invalid,
the remaining provisions of this ordinance shall not be affected. -
PASSED ON FIRST READING BY TITLE ONLY this 19th day of
November 1987.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 14th 'day of January 1988.
AT
M
MA HIRAT AVIER L, SUARE74/Mayor
City Clerk
7-
10370
Mawr
PAEPAR80 AND APPRbv8b BY4
DR19NNE L. PRIE'SNER
Assistant City Attorney
A PPRO 8b A8 TO FORM AND CORRECTNESS:
LUCIA ;Ait DO U G_H E RTY
City Attorney
ALF/wpc/pb/ebg/M240
for
Ronorable Rkyor and Matbers November 10, 1087
Of the City Commission , �...
pity Comtiissitlri Meeting
ry N'oVember 10, 1067
iucie :'"bou erty� L Agenda items 416, 456, #58
City Attorney 467-71, 494
The following information and material should be considered by
you in your deliberations at today's Meeting:
Ailenda !Item 416 0-67--898) [City's lease of space at
Coconut Grove Bank) The distributed resolution
inoorreotly reflects the City,a exercise of a two -dear
renewal option on 2,383 sq. ft. of space in the Coconut
Grove Bank Building. The attached proposed resolution
reflects the City's exercise of a, one --year renewal
option for this space and provides for payment of
$4,750 by way of reimbursement for renovations
completed in 1984 at the City's request. The attached
resolution and cover memorandum should be substituted
in your Packet.
NOTE: At the time the Consent Agenda is voted upon, if this Item
(#16) is not removed from the Consent Agenda and considered
separately, there should be an announcement made by the Mayor
that Item`116 is being voted upon "as modified".
Agenda Item #56 (J-87-1022) [Citywide Demolition
Substandard Buildings) There was clarifying language
added in the body of this first reading ordinance to
reflect the use of the increased appropriations
($242,315) to implement the City's demolition Program.
Agenda Item 458 (J-87-965) [Updating of City's Code
Enforcement Board Ordinance] The distributed ordinance
which updates City Code provisions to conform with
recent legislative changes did not eliminate the Code
provision requiring that a landowner be notified of any
violation occurring on the premises. Since the state
law. does not require such notice and since the City
only notifies the owner where a lien is sought to be
imposed, we have changed "shall" to "may" in the
103'70,
10,347,E
sentence appearing at the top or page I Of this
Ordinmlot,
#6
J_81-1025,
J-67-10vo tI_67_10Z6) tApproving it principle. nAI5
Applioatiots3 Descriptive latgu&ge has been added it
toottote form to the body of these five resolutions, to
mirror the language already set forth it the titles.
Agr_etid&, Itern #94 (J-87-1041) tDisou8siot of Stormwater
Management) in the event you approve the user -fee
ootcept and vish to expedite implementation of the
City's Program, we have ' prepared the attached
resolution for substitution in your Packet. As
distributed, the resolution did not allocate funding
for the consultant's contract: the attached resolution
allocates an amount tot to exceed $50*000 from the 1084
Storm Sever General Obligation Bond Fundsj Project No.
352250 Citywide Storm Drainage Master Plan.
LAD:RFC:bss:M463
cc: Cesar E. Odic, City Manager
Natty Hirai, City Clerk
Ron E. Williams, Director,
General Services Administration Department
Att: Albert Armada, Property and Lease Manager
Frank Castenada, Director, Department of Community Development
Edith Fuentes, Director, Department of Building and Zoning
Donald W. Cather, Director, Department of Public Works,
IL0370
f
citY ter=` NIIAMi, i`L:6AIGiA
ttV �2•� 1 1 tMORA('VDUM
td f::
'14oncrabl Mayot and Members oArOctober 30, 1987 Mitt
of the ity Commission
SUBJECT City Code Amendment _ Chapter 2
Article X.
Code Enforcement Board
FgOhl: L P
A. UC)tlgh ty REFERENCES November lz, 198
City Attorney City Commission Agenda
ENCLOSURES
Attached is a copy of the proposed amendment to the City
Code, Chapter 2f Article X, Code Enforcement. Board, for the
purpose of updating our City Code to conform with recent changes
in Chapter 162, Florida Statutes.
ALP/db/MO41
Attachment
cc: Cesar H. Odio, City Manager
Matty Hirai, City Clerk
Chief Clarence Dickson, City of Miami Police Department
Chief C.H. Duke, City of Miami Fire Department
Carlos Garcia, Director, Finance Department
Donald Cather, Director, Public. Works Department
Edith Fuentes, Director, Building and, Zoning Department
Joseph Ingraham, Director, Solid Wastc Department
100
11
MIAMI REVIEW
Published Daily except Saturday. S>>f,day and
Legal Hniirlays
Miami, Dade County, Florida
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personalty appeared
Sookle 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. 10370
In the .X. X.. X................. court,
was published In said newspaper in the issues of
Jan. 28, 1988
Affiant further says that the said Miami Review is a
newsppaper published at Miami In said Dade County, Florida,
and Ihat the said newspaper has heretofore been continuously
Sul 'aaturday, Sundayhad In d Dde andaLegall Holidays) and has ach day been enteredas
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
alllant f r says that she has neither paid nor promised any
par
so fir or corporation any discount, rebate, commission
or r un for the pur ose of securing this advertisement for
pubt ca n in the sat newspaper,
, 1 1111 f •
�� • . • Sw9�orn•te b)0%bscribed before me this
28.da�/o >.�:d�•tt'� A.D.19 88
• • LCj " C@@l HMarme
rNglaly PyCUc. late of Fioride at Large
%`4 Vic• '. to �
(SEAL) oi, �� • .
My Com,,,i� Ibn plreess,r �y t lie 1sae.
MR 11A �lrr�l�@jtt141t1j11`t
..h
CITY or MIAMI, i`Lf31111IbA
LtUAL NOTICE
All interested parsons will take notice that on the 14th day of January,
1988. the City Commission of Miami, Florida, adopted the following tilted {
ordinances:
ORDINANCE NO.10364
AN EMERGENCY ORDINANCE AMENDING SECTION 1.OF
ORDINANCE NO. 1D341, ADOPTED NOVEMBER 19, 1981, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE,
REAPPROPRIAtING VARIOUS AMOUNTS FROM PROJECT NO;
331303, "OITYWIOE NEIGHBORHOOD PARK RENOVATIONS" TO
SPECIFIC PARK PROJECTS AS RECOMMENDED BY THE PARKS
ADVISORY BOARD, SUBJECT TO APPLICABLE CITY CODE,
PROVISIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO.10365
AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORli'
DA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELEC-
TION AS HEREIN PROVIDED, OF NOT TO EXCEED FORTY
MILLION DOLLARS ($40,000,000) STREET AND HIGHWAY
IMPROVEMENT BONDS OF THE CITY OF.MIAMI, FLORIDA, FOR
THE PURPOSE OF PAYING THE COST OF STREET AND, HIGH-
WAY IMPROVEMENTS; ,CALLING AN ELECTION FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORS THE QUESTION
WHETHER SUCH BONDS SHALL BE ISSUED; DECLARING AN
EMERGENCY TO EXIST AND DISPENSING WITH THE READING
OF THIS ORDINANCE ON TWO ,SEPARATE DAYS; AND
PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 10366
AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORI-
DA, AUTHORIZING A BOND ELECTION TO BE HELD ON MARCH
8,1988, WITH RESPECT TO THE ISSUANCE OF NOT TO, EXCEED.
$40,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS OF
THE CITY OF MIAMI, FLORIDA, AND THE LEVYING OF A TAX TO
PAY THE PRINCIPAL AND INTEREST THEREON; ESTABLISHING
A FORM OF THE NOTICE OF BOND ELECTION; ESTABLISHING
A FORM OF THE OFFICIAL+BALLOT FOR SAID ELECTION;
AUTHORIZING CERTAIN OFFICIALS OF THE CITY .TO TAKE
ACTIONS REQUIRED IN CONNECTION THEREWITH; DECLAR-
ING AN EMERGENCY TO EXIST AND DISPENSING WITH THE
-
READING.OF THIS ORDINANCE ON TWO SEPARATE DAYS; AND
PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 10367
AN ORDINANCE EMERGENCY ORDINANCE AMENDING CHAP-
TER 54 OF THE CODE OF THE CITY OF MIAMI,, FLORIDA, AS
AMENDED, ENTITLED "ENCROACHMENTS ON OR IN RIGHTS.
OF -WAY OR EASEMENTS" TO PERMIT AN ENCROACHMENT;
WHICH DOES NOT UNDULY RESTRICT USE OF THE RiGHT OF,.
WAY OR EASEMENT AREA WHERE SUCH ENCROACHMENT IS
A NECESSARY ESSENTIAL ELEMENT IN THE CONSTRUCTION
OF AN OTHERWISE AUTHORIZED PEDESTRIAN OVERPASS
ABOVE SAID RIGHT-OF-WAY OR EASEMENT.AREA,, WITH THE
HEREIN EXCEPTION BEING SUBJECT:TO.COMPLiANCE WITH
ALLOTHER REQUIREMENTS OF LAW; PROVIDING FOR -A..
REPEALER PROVISION, AND A SEVERABILITY CLAUSE. -
ORDINANCE NO. 10368
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10145 ADOPTED SEPTEMBER 11, 1986; BY APPROPRIATING THE
ADDITIONAL SUM OF $242,315. AT PRESENT ALLOCATED AS
REVENUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS, $106,359 IN FIFTH (5TH) YEAR AND $135,956 iN SEV-
ENTH (7TH) YEAR, SAID AMOUNTS TO BE TRANSFERRED FROM
SAID REVENUE FUNDS AND ALLOCATED AS BUDGET FUNDS'
1N THE TWELFTH (12TH) YEAR CITYWIDE DEMOLITION OF SUB-
STANDARD BUILDINGS PROJECT, TO BE CARRIED OUT BY THE
BUILDING AND ZQNING DEPARTMENT, FOR THE 1MPLEMEN.
TATION OF AN AMENDED TRUST AND AGENCY FUND ENTI-
TLED; "COMMUNITY DEVELOPMENT BLOCK GRANT TWELFTH
(12TH) YEAR'; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO.10360
AN ORDINANCE AMENDING CHAPTER -54.OF THE. CODE OF
THE CITY OF MIAMI., FLORIDA, AS AMENDED, ,ENTITLED
"STREETS AND SIDEWALKS" BY AMENDING SECTION 54-104;
ENTITLED "NONSTANDARD STREET WIDTHS", MODIFYING THE,
WIDTH OF N.E. 32 STREET ,BETWEEN .BISCAYNE BOULEVARP
AND N.E. 2 AVENUE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
ORDINANCE NO, 10370
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE X, ENTITLED
"CODE ENFORCEMENT .BOARD" OF THE :CODE OF THE CITY
OF MIAMI, F4QRIPA, AS AMENpED, BY UP.PATING THE
PROVISIONS OF SAiD ARTICLE .TQ CONFORM WiTH RECENT
QHANGES IN THE FL.ORiPA .LAW GOVERNING LOCAL ,CAPE, ,
ENFORCEMENT. sOARI?.$. MORE 'PART)CIILARLY AMENDiN.0
POPE 669TION$ 2 392, 2-393, 2.3.94, 095; 099, 2-397, 2i398,
AND 2.399; CONTAINING A REPEALER, PROVISION ANP ASEV-
ERAWLiTY CLAUSE',
ORDINANCE NO. 10371
AN ORDINANCE AMENDING THE FOLLOWING SECTIONS OF
CHAPTER 22, ENTITLED "GARBAGE AND TRA$H",:OF THE C,,OI?E
OF THE CITY OF MIAMI, FLORIDA, AS. AMENDED: SSFTIAN 22.1
T._ . , 9FINE ANPIQR ;ILARIFY 1C.t?iklM)rRE'i1.Q-Er, T 1►'
MENT0 'tPQNP.AR'IiIttIVM5", Atlll?'"`i iE .LR IIAi�I L�►111TB",. C• _ .
.A
MIAMI REVIEW
Published Daily except Saturday. Sunday ana
Legal Holidays
Miam+, Dade County, Honda
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
in the matter of
CITY OF MIAN11
Notice of, proposed Ordinance
in the ..... X. X X Court.
was published in said newspaper in the issues of
Dec. 31, 1987
Afflant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in'said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the Post office in Miami in said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
Milani f ther says that she has neither paid nor promised any
person m or corporation any discount, rebate, commission
or ref :t for the purpose of securing this advertisement for
publi a on in the said newspaper.
SL"OIIM IJAY W js�ribed before me this
7..... day ofD.,s .8$
Ft Marir+or
Nola ate pf Floiida at Large
My Commissioli exDRes Apilp�jilgi .�'•
hp
F i ►o
CITY OP MIAMI, #001111116A
Nf3�IC� 6P 01400681b 0NbiNAIM
Notice is hereby t)ivph tfiat the City C6tnmfssfon of the City of
Miami, Florida, Wili consider the following ordinances on second and
final reading on January 14. 1968, commencing at 9:00 A.M. in the
City Commission Chambers, 3500 Pan American Drive, Miami, Florida:
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2. ARTICLE X, ENTI-
TLED "CODE ENFORCEMENT BOARD•' OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY UPDATING
THE PROVISIONS OF SAID ARTICLE TO CONFORM WITH
RECENT CHANGES IN 'THE FLORIDA LAW GOVERNING
LOCAL CODE ENFORCEMENT BOARDS: MORE PARTICU-
LARLY AMENDING CODE SECTIONS 2.392, 2-393, 2.394, 2.395,
2.396, 2.397, 2.398, AND 2-399: CONTAINING A REPEALER j
PROVISION AND A SEVERABILITY CLAUSE.
i ORDINANCE NO.
AN ORDINANCE AN ORDINANCE AMENDING SECTION 1
OF ORDINANCE NO. 10145 ADOPTED SEPTEMBER 11, 1986,
I BY APPROPRIATING THE ADDITIONAL SUM OF $242,315 AT
PRESENT ALLOCATED AS REVENUE IN THE COMMUNITY I
DEVELOPMENT BLOCK GRANT FUNDS, $106,359 IN FIFTH
(5TH) YEAR AND i 135,956 iN SEVENTH (7TH) YEAR, SAiD
AMOUNTS TO BE TRANSFERRED FROM SAID REVENUE
i FUNDS AND ALLOCATED AS BUDGET FUNDS IN THE
TWELFTH. (12TH) YEAR CITYWIDE DEMOLITION OF SUB.
STANDARD BUILDINGS PROJECT, TO BE CARRIED OUT BY
{ THE BUILDING AND ZONING DEPARTMENT. FOR THE
IMPLEMENTATION OF AN AMENDED TRUST AND AGENCY i
FUND ENTITLED: "COMMUNITY DEVELOPMENT BLOCK I
GRANT TWELFTH (12TH) YEAR"; CONTAINING A REPEALER
i PROVISION AND A SEVERABILITY CLAUSE. i
ORDINANCE NO.
( AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE,
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTI.
TLED "STREETS AND SIDEWALKS" BY AMENDING SEC-
TION 54.104 ENTITLED "NONSTANDARD STREET WIDTHS",
MODIFYING THE WIDTH OF N.E. 32 STREET BETWEEN
BISCAYNE BOULEVARD AND N.E. 2 AVENUE; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE No.
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI-
NANCE NO.9500, THE ZONING ORDINANCE OF THE CiTY
OF MIAMI, FLORIDA, BY CORRECTING A SCRIVENER'S
ERROR AFFECTING PROPERTY LOCATED AT APPROXI.
MATELY 2701.03 DAYAVENUEAND APPROXIMATELY 3191
1 CENTER STREET, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) BY PROVIDING THAT THE ZONING
BOUNDARY LINES MAY LIE ON SAID PROPERTY BUT NO
MORE THAN 5 FEET (IN ADDITION TO THE REQUIRED DIED.
(CATION) FROM THE WESTERN BOUNDARY LINE OF SAID
PROPERTY (THE WESTERN BOUNDARY LINE ALSO BEING
i THE WESTERLY BOUNDARY LINE OF LOT 12, LOTS 13 AND,
14 OF CORNELIA M. DAY SUBDIVISION) AND NO MORE
THAN 10 FEET FROM THE NORTHERNMOST BOUNDARY
OF SAID PROPERTY (THE NORTHERNMOST BOUNDARY
-
LINE BEING A LINE BISECTING LOT 12 OF CORNELIA M.
DAY SUBDIVISION INTO NORTH AND SOUTH HALF SEC-
TIONS), SAID PROVISION HAVING BEEN INCORRECTLY
OMITTED FROM ORDINANCE NO, 10028, JULY 25, 1986: i
AND CONFIRMING THE REZONING OF LOT 1, CORNELIA
M. DAY SUBDIVISION (3.16), FROM RG-2/5 GENERAL RESI-
DENTIAL AND SPI.3 COCONUT GROVE MAJOR STREETS
OVERLAY DISTRICT TO RO.2.1/6 RESIDENTIAL -OFFICE,
ELIMINATING THE SPI.3 AND ITS REZONING OF THE SOUTH
1/2 OF LOT 12, LOTS 13 AND 14,, CORNELIA M. DAY. SUBDI-
VISION (3.16) FROM RG•1/3 GENERAL RESIDENTIAL (ONE
AND TWO-FAMILY) TO RO.2.1/6 RESIDENTIAL -OFFICE, AS .
ESTABLISHED BY SAID ORDINANCE NO. 10028; MAKING
FINDINGS AND BY MAKING ALL NECESSARY CHANGES i
ON PAGE 46 OF SAID ZONING ATLAS AND MADE A PART i
OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIP-
TION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING,
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.
AN ORDINANCE AMENDING THE FOLLOWING SECTIONS
OF CHAPTER 22, ENTITLED "GARBAGE AND TRASH", OF .
THE CODE OF,THE CITY OF MIAMI, FLORIDA; AS AMENDED:
SECTION 22,1 TO DEFINE AND/OR CLARIFY "COMMERCIAL
ESTABLISHMENTS", "CONDOMINIUMS", AND "RESIDEN
TiAL UNITS"; SECTION 22-12 TO PROVIDE FOR AN
AMENDED ANNUAL PUBLIC RIGHT-OF-WAY CLEANING FEE
AND TO AUTHORIZE THE ESTABLISHMENT OF A .SCHED=
ULE OF FEES FOR COMMERCIAL GARBAGE .SERVICES,
FURNISHED BY THE CITY WHEN ADDITIONAL VOLUME OR
FREQUENCY OF COLLECTION SERVICES IS REQUIRED; i
'SEWtl 22.16 TO LIMIT THE VOLUME OF BULKY WASTE -
PER PICKUP AND TO AUTHORIZE THE ESTABLISHMENT !
OF A SCHEDULE OF FEES FOR ADDITIONAL BULKY WASTE
COLLECTION; SECTION 22.28 TO ENLARGE THE SCOPE
OF FEES THAT CONSTITUTE SPECIAL ASSESSMENT•LIENS
UPON BECOMING DELINQUENT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Said proposed ordinances may be inspected by the public at the
Office of. the City Clerk; $500 Pan American Drive, Miami, Florida,
Monday through Friday, excluding holidays, between the hours of
8:00 A.M. and 5:00 P.M.
All interested persons may appear at the meeting and .be, heard j
with respect to the Proposed ordinances,
Sho}tld any person desire to appeal any decision of the City Com
mission with respect to any matter to be considered at this meeting,
that person shall ensure that a verbatim record of the proceedings is
made inciuding all lestirpony and evidence upon which any appeal
may be based.
MATTY HIRAI
CITY,CIlli
...p CITY OF MIAMI, F(_ AIPA
M