The URL can be used to link to this page

Home My WebLink AboutO-14267City of Miami Ordinance 14267 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15583 Final Action Date: 4/11/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 50/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "SHIPS, VESSELS, AND WATERWAYS/DERELICT VESSELS," TO UPDATE THE NOTICE REQUIREMENTS AND PROCEDURES FOR THE REMOVAL OR RELOCATION OF DERELICT VESSELS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Damian Pardo, Commissioner Manolo Reyes, Commissioner Christine King WHEREAS, there are currently a number of Derelict Vessels, as defined herein, in, on, and under the City of Miami's ("City") public waterways and on the adjoining shoreline; and WHEREAS, such Derelict Vessels pose potential hazards to safe navigation and commercial and recreational use of City waters as well as to the environment; and WHEREAS, such Derelict Vessels are hazards to public safety and waterfront property during severe weather; and WHEREAS, Derelict Vessels are sources of degradation of the aesthetic value of City waters and shoreline; and WHEREAS, the City has, in accordance with Section 823.11, Florida Statutes, the authority to provide by ordinance for the removal and disposition, including destruction, of Derelict Vessels; and WHEREAS, Section 50-503(b) of the Code of the City of Miami, Florida ("City Code") requires the City to provide forty-five (45) days' notice to the owner of a derelict vessel before the vessel may be removed; and WHEREAS, in the 2021 legislative session the Florida Legislature amended Section 705.103 to provide that a municipality must only provide twenty-one (21) days' notice before a derelict vessel may be removed; and WHEREAS, the City Commission desires to bring the derelict vessel procedures in the City Code in line with the current Florida Statutes in order to provide a safer environment in, on, and under the City's public waterways and on the adjoining shoreline; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. City of Miami Page 1 of 5 File ID: 15583 (Revision:) Printed On: 4/22/2024 File ID: 15583 Enactment Number: 14267 Section 2. Chapter 50 of the City Code is amended by amending Article VII, Section 50- 503 in the following particulars:1 "CHAPTER 50 SHIPS, VESSELS, AND WATERWAYS ARTICLE VII. DERELICT VESSELS Sec. 50-503. Procedure for removal or relocation. (a) Without prior notice. Where a Law Enforcement Officer determines that a vessel constitutes a navigational hazard or a hazard to public safety or is determined to interfere with another vessel or where a Derelict Vessel obstructs or threatens to obstruct navigation or in any way constitutes a danger to the environment, property, or persons, the Law Enforcement Officer may immediately remove or relocate, but not destroy, the vessel pursuant to F.S. §§ 327.44, 327.70, 376.15, and 823.11. In the event a Derelict Vessel is removed or relocated prior to notice being given to the owner of the Derelict Vessel, the Law Enforcement Officer shall make a reasonable effort to ascertain the name and address of the last registered owner(s) of the Derelict Vessel. The Law Enforcement Officer shall also contact the Department of Highway Safety and Motor Vehicles in order to determine the name and address of any person(s) who has filed a lien on the Derelict Vessel as provided in F.S. § 319.27(2) or (3) or F.S. § 328.15(1). On receipt of this information, the Law Enforcement Officer shall mail a notice by certified mail, return receipt requested, to the owner(s) and lienholder(s), if any, advising of the location where the Derelict Vessel is being held, the reason for removal or relocation, that the owner(s) may request an administrative hearing in accordance with Section 50-504 of this Article, and that failure to request a hearing pursuant to Section 50-504 of this Article shall be deemed a waiver of the right to a hearing and an agreement to the remedy of removal, sale, destruction, or other disposition of the Derelict Vessel. Notice given pursuant to this Subsection is presumed to be delivered when it is deposited with the United States Postal Service, certified, and properly addressed with prepaid postage. Certified mail that is returned undeliverable or if delivery is refused shall be deemed as delivered for purposes of this Section. (b) With prior notice. Except where a Derelict Vessel constitutes an immediate hazard to navigation, the environment, or to public health, safety, and welfare, a Law Enforcement Officer shall affix a notice upon the Derelict Vessel at least forty five (45) twenty-one (21) days before removing or relocating it, in substantially the following form: 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. City of Miami Page 2 of 5 File ID: 15583 (Revision:) Printed on: 4/22/2024 File ID: 15583 Enactment Number: 14267 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This vessel property, to wit: (setting forth brief description of location) has been determined to be (derelict or a public nuisance) and is unlawfully upon the waters of this state public property known as (setting forth brief description of location) and must be removed within 21 days; otherwise, it will be removed and disposed of pursuant to Chapter 705 Florida Statutes. Failure to remove the property will result in the City of Miami taking steps to have the property removed and destroyed pursuant to Chapter 705, Florida Statutes. The owner and other interested parties have the right to a hearing to challenge the determination that this vessel is derelict or otherwise in violation of the law. Please contact (contact information for person who can arrange for a hearing in accordance with this section). The owner or the party determined to be legally responsible for the vessel being upon the waters of this state in a derelict condition or as a public nuisance will be liable for the costs of removal, destruction, and disposal of the property as providcd by law. Incident/Summary Number (setting forth incident/summary number). Date of Posting: (setting forth the date of posting of notice), signed: (setting forth name, title, address and telephone ni ember of I aw Enforcement Officer) if this vessel is not removed by the owner. Dated this: (setting forth the date of posting of notice) , signed: (setting forth name, title, address, and telephone number of the enforcement officer). THIS ACTION MAY AFFECT YOUR INTERESTS. YOU MAY HAVE A RIGHT TO AN ADMINISTRATIVE HEARING ON THESE ISSUES. PLEASE CONTACT THE CITY OF MIAMI DEPARTMENT OF HEARING BOARDS AT (305) /116 2030 IMMEDIATELY. URGENT ACTION REQUIRED. Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting notice upon the Derelict Ve-sel, the Law Enforcement Officer shall make a reasonable effort to ascertain the name and addre-s of the last registered owner(s) of the Derelict Vessel. If such is reasonably availablc to the Law Enforccmcnt Officcr, he or she shall mail a copy of the aforementioned notice by certified mail, return receipt requested, to the owner(s) on or before the date of posting. The Law Enforcement Officer shall also contact the Department of Highway Safety and Motor Vehicles in order to determine the name and addre-s of any person(s) who has filed a lien on the Derelict Ve-sel as provided in F.S. § 319.27(2) or (3) or F.S. § 328.15(1). On receipt of this information, the Law Enforcement Officer shall mail a copy of the aforementioned notice by certified mail, return receipt requested, to the lienholder(s), if any. Certified mail that is returned undeliverable or if delivery is refuscd shall be dccmcd as delivered for purposes of this Section and will begin the forty five (45) twent one 21 day count the end of forty five (45) twent one 21 days after posting the notice and mailing such notice, if required, the subject Derelict Vessel is not removed, the Law Enforcement Officer may City of Miami Page 3 of 5 File ID: 15583 (Revision:) Printed on: 4/22/2024 File ID: 15583 Enactment Number: 14267 327.70, 376.15, and 823.11. The notice may not be less than eight (8) inches by ten (10) inches and must be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the Law Enforcement Officer shall contact the Department of Highway Safety and Motor Vehicles in order to determine the name and address of the owner and any person who has filed a lien on the vehicle or vessel as provided in Section 319.27(2) or (3), Fla. Stat., or Section 328.15, Fla. Stat. On receipt of this information, the Law Enforcement Officer shall mail a copy of the notice by certified mail, return receipt requested, to the owner and to the lienholder, if any, except that a Law Enforcement Officer who has issued a citation for a violation of Section 823.11, Fla. Stat., to the owner of a derelict vessel is not required to mail a copy of the notice by certified mail, return receipt requested, to the owner. For a derelict vessel or a vessel declared a public nuisance pursuant to Section 327.73(1)(aa), Fla. Stat., the mailed notice must inform the owner or responsible party that he or she has a right to a hearing to dispute the determination that the vessel is derelict or otherwise in violation of the law. If a request for a hearing is made, the City shall follow the processes set forth in Section 120.569, Fla. Stat. except that a magistrate, or Code Enforcement Officer may be designated to conduct such a hearing. If, at the end of twenty-one (21) days after posting the notice and mailing such notice, if required, the owner or any person interested in the derelict vessel or a vessel declared a public nuisance pursuant to Section 327.73(1)(aa), Fla. Stat., has not requested a hearing in accordance with this section, the Law Enforcement Officer may: (I) Remove the vessel from the waters of this state and destroy and dispose of the vessel or authorize another governmental entity or its designee to do so; or (11) Authorize the vessel's use as an artificial reef in accordance with Section 379.249, Fla. Stat., if all necessary federal, state, and local authorizations are received. A Law Enforcement Officer may also take action as described above if, following a hearing pursuant to this section, the judge, magistrate, administrative law judge, or hearing officer has determined the vessel to be derelict as provided in Section 823.11, Fla. Stat., or otherwise in violation of the law in accordance with Section 327.73(1)(aa), Fla. Stat., and a final order has been entered or the case is otherwise closed. *„ Section 3. If any section, part of a 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.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) calendar 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 4 of 5 File ID: 15583 (Revision:) Printed on: 4/22/2024 File ID: 15583 Enactment Number: 14267 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 5 of 5 File ID: 15583 (Revision:) Printed on: 4/22/2024