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Home My WebLink AboutO-09105ORDINANCE NO. 9 1 Q J AN EMERGENCY ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NOTIFY THE PROPERTY OWNERS OF RECORD WHERE BUILDINGS OR STRUCTURES HAVE BEEN SO DAMAGED BY FIRE OR CIVIL DISTURBANCE THAT THE CONTINUED EXISTENCE THEREOF IN THEIR PRESENT CONDITION CONSTITUTES A FIRE HAZARD AND MENACE TO PUBLIC HEALTH AND SAFETY, SAID NOTICE REQUIRING THAT THE BUILDINGS BE SECURED BY APPROPRIATE MEASURES INDICATED IN SAID NOTICE WITHIN THE TIME PRESCRIBED AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCOMPLISH THE SECURITY MEASURES AT THE COST OF THE PROPERTY OWNERS; PROVIDING FOR IMPOSITION OF LIENS AND FOR THE MEASURES HEREIN TO BE CUMULATIVE; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO (2) SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR=FIFTHS OF THE MEMBERS OF THE COMMISSION; CONTAINING A TERMINATION DATE FOR THE AUTHORITY CONFERRED UPON THE CITY MANAGER OR HIS DESIGNEE. WHEREAS, the civil disturbance which took place within the past several days resulted in damage to buildings and structures by way of doors and windows having been broken and fires having been set; and WHEREAS, the resulting lack of security for said buildings and structures provides unlimited access to those persons who would seek to foment further civil disturbance,including the setting of fires to the said partially damaged buildings; and WHEREAS, the South Florida Building Code provides a method for the demolition of buildings in need of demolition but said Code does not address the problem of boarding up the buildings and structures which are the subject matter of the herein ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager or his designee is hereby authorized to notify the property owners of record of buildings or structures which have been so damaged by fire or civil disturbance that the present condition of said buildings or structures affords no security or control of access to said buildings or structures, thereby constituting a fire hazard and menace to public safety, to take the following measures: W eIN (a) Secure the windows and doors against unlawful entry by placing plywood over the openings, that is, windows and doors, or by blocking all openings with CBS blocks so as to prevent unlawful entry; (b) Commence performance of either of the steps set forth in (a) above within 24 hours from receipt of notice; (c) Conclude the steps set forth in (a) above within the time specified by the City Manager or his designee in the notice to said property owners of record. Section 2. Compliance with Section 1 hereof shall be deemed to be accomplished by the cash deposit with the City Manager or his designee within 24 hours from the date of notice as set forth in Section 1 of the amount of money ordered by the City Manager or his designee as sufficient to cover the cost of the measures set forth in Section 1. Section 3. Failure to comply with Section 1 hereof will result in the City Manager or his designee being authorized to perform the measures set forth in Section 1 hereof at the cost of the property owners of record and the City Manager or his designee is hereby authorized to perform said measures or employ others to perform said measures at the cost of said property owners of record and the existence of said authority shall be contained in the notice to the aforesaid property owners. AMEM Section 4. In the event the City !)anager or his designee duly performs the measures set forth in Section l(a) hereof or causes the same to have been performed, the costs for such performance, unless paid for by the property owners of record or their agents, (a) under the provisions of Section 2 hereof; or (b) within 20 days from the date of receipt of notice or within 20 days from the per- formance of the measures set forth in Section l(a) hereof, whichever is greater, shall constitute a lien upon the property upon which the buildings or structures are located. -2- 9105 0 Section 5. Any property owner of record aggrieved hereunder shall have a right to have a hearing before the City Commission to show cause, if any, why such costs as are imposed hereunder should not constitute a lien against the property involved and upon which the buildings or structures are located. Section 6. 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 7. This ordinance is hereby declared to be an emergency measure on the grounds of urgent need for the preservation of peace, health, safety, and property of the City of Miami. Section 8. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. Section 9. The provisions hereof are cumulative and are not be considered as precluding or preventing other penalties as may be applicable according to law. Section 10. The authority provided herein shall terminate December 31, 1980. PASSED AND ADOPTED this 22nd day of May , 1980. A9aurice A. Ferre MAURICE A. FERRE M A Y O R ATTEST: (z cf g-1 o LPH . ONGIE, CITY CLEW F RED AND APPROVED BY: 00, A /JC R ERT F. CLARK ASSISTANT CITY ATTORNEY 9105 .4 MIAMI REVIEW AND DAILY RECORD /rli Published Daily except Saturday, Sunday ai, Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Becky Caskey, who on oath says that she is the Assistant Director of Legal Advertising of the Miami Review and Daily Record, 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 or Notice in the matter of CITY OF MIAMI .................................................................................................. Re......ordinance .......9.1.0.5................... . X x x.............................. Court, in the ........................................ *as published in said newspaper in the Issues 'of Ma.Y......19 8 0 ....................... ..... ......... ..... . ....... ................ ......%. ................ I.... Affiant further says that the said Miami Review nd0as 1d0aidecounly Florida, and thRecord is a newsaratthe said newublished at spaper heretoforehas heretofore been continuously published in said Sldt v"daYCand County, Holidays)hand has been enteredaas E dclass mail matter at the post office in Miami, in war lod of one yea r next tt g the first Fpubliicat pulorlda, for blication attached copy of ne11"hement; and affiant further says that she has firm or fp��a110n1 nor any discount, rebate, cromised ommission or refund .1h, Dorpose of securing this advertisement for t, \� •...,, y� ice' S nVq•Anc�%µbscribid o a this 28 = MX 1 F� Y = 80 day �.., 14iU. .... _ , Not P�&'.Atsta.tepP o ��at rge MEAL) PLO a ,.��•' Y Commission +1sllYii expi �r I�,.l P' �� 11. i Ci .r DAb! COfJ�NtY, IsLORIbA�.� �• j LEGAL HOTICE (1p n d9 All Interested will take notice that on the 22ndlef iy ti►I6, City Caftimitsion of Miafnl, Florida Fasted and �'� follow( till ordinance: 4 + go ORDINANCE NO. 9105 ly AN EMERGENCY ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NOTIFY THE PROPERTY OWNERS OF RECORD WHERE BUILDINGS OR STRUCTURES HAVE BEEN SO DAMAGED BY FIRE OR CIVIL DISTURBANCE THAT THE CONTINUED EX- ISTENCE THEREOF IN THEIR PRESENT CONDITION CONSTITUTES AFIRE HAZARD AND MENACE TO PUBLIC HEALTH AND SAFETY, SAID NOTICE REQUIRING THAT THE BUILDINGS BE SECURED BY APPROPRIATE MEASURE-'ftfYlE'PftSESCR IIA1ETED IN d^f►1Vi?" AID NOTICE ftUTNORttTRii" 11'NNCITY MANAGER OR HIS DESIGNEE TO ACCOMPLISH THE SECURITY MEASURES AT THE COST OF THE PROPERTY OWNERS; PROVIDING FOR IMPOSITION OF LIENS AND FOR THE MEASURES HEREIN TO BE CUMULATIVE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO (2) SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR - FIFTHS OF THE MEMBERS OF THE COMMISSION; CON- TAINING A TERMINATION DATE FOR ,THE AUTHORITY CONFERRED UPON T14E CITY MANAGER OR HIS DESIGNEE. RALPH 0. ONGIE CITY CLERK on) CITY OF MIAMI, FLORIDA Publication of this Notice on the 28 day of May 1"0. S/28 M!04521gd