HomeMy WebLinkAboutO-12470City of Miami
Legislation
Ordinance: 12470
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 03-0277 Final Action Date: 1/8/2004
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
46 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "PUBLIC NUISANCES," BY REPEALING, SECTION 46-1 IN ITS
ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SECTION 46-1,
ENTITLED "DEFINITIONS," TO MODIFY DEFINITIONS AND PROVIDE FOR
CONSISTENCY AS TO THE NUMBER OF VIOLATIONS REQUIRED FORA
PROPERTY TO BE DECLARED A PUBLIC NUISANCE, PURSUANT TO
STATE STATUTE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the intent of this Ordinance to promote, protect, and improve the
health, safety and welfare of the citizens of the City of Miami by providing a mechanism to
impose administrative fines and other non -criminal penalties to provide an equitable,
expeditious, effective, and inexpensive method of enforcing ordinances in the City of Miami
under circumstances when a pending or repeated violation continues to exist; and
WHEREAS, existing City Code provisions require seven complaints of unlawful activity
within a six month period before enforcement action may commence; and
WHEREAS, Florida Statutes require two complaints of unlawful activity within the same
period of time and has expanded the definition of a public nuisance; and
WHEREAS, it is in order to amend the City Code to be consistent with Florida law;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Section 46-1 of Chapter 46 of the Code of the City of Miami, Florida, as
amended, is repealed in its entirety and new Section 46-1 is substituted in lieu thereof in the
following particulars: {1}
"CHAPTER 46
PUBLIC NUISANCES
City of Miami
Page 1 of 3 File Id: 03-0277 (Version: 2) Printed On: 8/24/2016
File Number: 03-0277 Enactment Number: 12470
Sec. 46-1. Definitions.
For the purpose of this chapter a "Public Nuisance" is defined as any place or
premises that has been used:
(a) On more than two occasions within a 6-month period, as the site of a violation
of Sec. 796.07 Fla. Stat. as amended, entitled "Prohibiting prostitution, etc.";
(b) On more than two occasions within a 6-month period, as the site of the
unlawful sale, delivery, manufacture, or cultivation of any controlled
substance;
(c) On one occasion as the site of the unlawful possession of a controlled
substance, where such possession constitutes a felony and that has been
previously used on more than one occasion as the site of the unlawful sale,
delivery, manufacture, or cultivation of any controlled substance;
(d) By a criminal street gang for the purpose of conducting a pattern of criminal
street gang activity as defined by Sec. 874.03 Fla. Stat. as amended; or
(e) On more than two occasions within a 6-month period, as the site of a violation
of Sec. 812.019 Fla. Stat. as amended, relating to dealing in stolen property
Such property may be declared to be a public nuisance, and such nuisance may be
abated pursuant to the procedures provided in this chapter.
For the purpose of this chapter "operator" means an owner or person having
possession or charge of as agent or otherwise having interest in or control of the
building, place or premises.
For the purpose of this chapter, "complaint" shall mean the official process by which
cases are initiated and brought before the nuisance abatement board.
*II
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in
conflict with the provisions of this Ordinance are repealed.
Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.{2}
City of Miami Page 2 of 3 File Id: 03-0277 (Version: 2) Printed On: 8/24/2016
File Number: 03-0277 Enactment Number: 12470
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 3 of 3 File Id: 03-0277 (Version: 2) Printed On: 8/24/2016