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HomeMy WebLinkAboutLegislation FRCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-01297 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY BY AMENDING ARTICLE IV, CURRENTLY ENTITLED "LOT CLEARING," BY AMENDING THE TITLE TO "MAINTENANCE OF LOTS," CLARIFYING EXISTING LANGUAGE, AND CREATING NEW SECTIONS ADDRESSING THE INTENT OF THE ORDINANCE, REQUIRING REGISTRATION OF VACANT LOTS, AND EXEMPTING CERTAIN PROPERTIES FROM THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") has a problem with certain lots, tracts, and parcels of land ("lots") that constitute a menace to life, property, the public health, and the public welfare; and WHEREAS, these lots when kept in an unsafe, unclean, or unpresentable condition assist in the spread of mosquitoes, vermin, wild animals, and other unsanitary conditions that risk the public health, safety, and welfare; and WHEREAS, the City is authorized to promote, protect, and improve the health, safety, and welfare of its citizens and seeks to ensure that its communities be free from lots that are unsafe, unclean, or unpresentable; and WHEREAS, the City seeks to ensure that the owners of these lots receive full due process prior to any actions taken by the City; and WHEREAS, when the City is required to clear a lot, the City should do so in the most efficient and cost-effective manner; and WHEREAS, the City should provide a fair, equitable, and efficient method of allocating and apportioning the assessed service costs resulting from lot clearings, which constitute a special benefit to residential and commercial properties, among property owners within the City; and WHEREAS, the City is authorized to collect as special assessments service costs which constitute a special benefit to residential and commercial properties; and WHEREAS, Florida Statute Chapter 173 authorizes special assessments to be treated as liens equal in rank and dignity with the lien of ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved; 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 and City of Miami Page 1 of 6 Printed On: 10/28/2008 File Number: 08-01297 incorporated as if fully set forth in this Section. Section 2. Chapter 22/Article IV of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:{1} "CHAPTER 22 GARBAGE AND OTHER SOLID WASTE ARTICLE IV. LOT CLEARING MAINTENANCE OF LOTS Sec. 22-113. Intent. The purpose of this chapter is to protect the public health, safety and welfare by: (a) Establishing a program for identification and registration of vacant lots. (b) Establishing the responsibilities of owners of lots. (c) Providing for administration, enforcement and penalties. (d) Allowing the City of Miami Police Department to enforce the trespassing penalties described in F.S. 810.08 on lots. (e) Providing a fair, equitable, and efficient method of allocating and apportioning the assessed service costs, which constitute a special benefit to residential and commercial properties, among property owners within the City of Miami. 22-114. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Article, have the meanings indicated in this section. Owner. Any person, legal entity or other party having any ownership interest in real property, including but not limited to, owners identified on the vacant lot registration form; or a purchaser, devisee, lessee, fiduciary, or holder of an unrecorded deed. This term shall also apply to any person, legal entity or agent responsible for the construction on or maintenance of the lot involved, as well as any person, legal entity or agent authorized to initiate a foreclosure or collection proceeding against the property, whether or not such proceeding has in fact been initiated. This term shall not apply to the City of Miami. Structure: A Structure or building as defined by the Florida Building Code. Vacant Lot: A lot, tract, or other parcel of land in the City that does not have a Structure or building on the land. City of Miami Page 2 of 6 Printed On: 10/28/2008 File Number: 08-01297 Sec. 22-115. Registration. (a) Every Owner of a Vacant Lot shall, at no cost to the Owner, register said Vacant Lot with the City. Such registration shall include: (1) a description of the lot including address, legal description, and folio number; (2) the names, addresses, and contact numbers of the Owner, or agents, that can be contacted within twenty-four (24) hours; and (3) written consent by the Owner allowing the City of Miami Police Department to enforce the trespassing penalties described in F.S. 810.08. (b) This registration must be done upon any transfer of the property and every October 1st thereafter. (c) Failure to comply with the requirements of this section shall subject the Owner to Code Enforcement action, pursuant to F.S. 162.06 and Chapter 2, Article 10 of the Code of the City of Miami, Florida, as amended and specifically Section 2-814. Sec. 22-116. Prohibitions. It shall be unlawful for the owner Owner or any other persons in possession of any lot, tract, or other parcel of land in the city, improved or unimproved, to allow on any lot, tract, or parcel of land within the city to such an extent that it constitutes a menace to life, property, the public health, ar►d--public welfare or creates a fire hazard the accumulation of any of the following: solid waste, biological, hazardous or industrial waste, as described herein; tires; stagnant water; a dense growth of trees, vines and underbrush; or to allow a growth of grass, weeds or bushes over one foot in height; or to allow the existence of depressions or excavations wherein water may accumulate. Any owner, lessee, or Owner of any lot, tract or parcel of land in the city who violates any provision set forth in this article shall, upon conviction thereof, be punished as provided by law. Sec. 22-117. Lot clearance; failure to comply; notice to Owner. (a) The Owners Owners or agents of all rental units, including multiple apartments, and the owners Owners of all ctructures Structures, either residential or commercial, shall be responsible at all times for keeping their premises clean and free from all trash and litter, including the sidewalks and swales on which the buildings or lands front. It shall be the duty of all owners Owners of lots, parcels and tracts of land within the city to keep such property in a safe clean and presentable condition, and to remove therefrom all garbage, surplus grass, saplings, weeds and other growths, and all trash, and to fill in all excavations and depressions thereon, and to limit the growth of grass, weeds, or bushes to no more than twelve (12) inches in height. (b) In the event the Owners Owners of lots, tracts or parcels of land within the city fail or refuse to keep such property in a safe, clean and presentable condition, the code enforcement inspector shall provide notice to the person Owner that the person Owner has committed a violation of this chapter and shall establish a reasonable time period within which the person Owner must correct the violation. City of Miami Page 3 of 6 Printed On: 10/28/2008 File Number: 08-01297 (c) The code inspector, as defined in section 2-811, shall give the notice by registered or certified mail to the owner Owner of the property at the owner's Owner's last known mailing address, as disclosed by the city records or by county tax rolls, or at the property's street address, or upon any occupant thereof, or upon any agent or employee of the owner Owner thereof. Said notice shall be deemed sufficient when so addressed and deposited in the United States mail with proper postage prepaid. If the address of the owner Owner is unknown to the code inspector, as defined in section 2-811, and if the property is unoccupied and the owner Owner thereof has no agent or employee available for service of such notice, the posting of a notice upon such property by the code inspector, as defined in section 2-811, shall constitute and be sufficient notice to the owner Owner thereof. All methods of giving notice as provided for herein are cumulative and independent of the other, and the code inspector, as defined in section 2-811, may use one or all of the same as may be deemed necessary. The notice shall include an opportunity for a hearing as provided in section 22-93. (d) In the event the owner Owner of any lot, parcel or tract of land shall fail to remove therefrom all surplus grass, saplings, weeds, trash and or garbage and, or fail to fill in all excavations and depressions thereon, or allow the growth of grass, weeds, or bushes to exceed twelve (12) inches in height after notice has been given by the code inspector, as defined in section 2-811, or fails to request a hearing within such ten days, the city may clean or cause to be cleaned such lot, tract or parcel of land and place it in a safe and sanitary condition. (e) Any actions taken by the City to bring a lot into compliance does not create a continuing obligation on the part of the local governing body to maintain the lot and does not create any liability against the local governing body for any damages to the property if such actions were completed in good faith. Sec. 22-118. Cost of clearing as lien on property -Collection, foreclosure and sale. (a) In case the work is done or caused to be done by the city, the code inspector, as defined in section 2-811, shall keep an itemized accounting of expenses of the work done and the cost thereof including an administrative charge of $150 and mail the statement to the owner Owner of the property. The Owner shall have ten (10) days from the date the request for payment has been served to appeal the lot clearing process and/or the amount of the expenses and costs. If the statement is not paid or appealed within ten 10) days the amount shall bear interest at the maximum statutory rate allowable by law of 18 percent per annum until paid. Such amounts, together with all penalties imposed thereon, shall constitute, and are hereby imposed as special assessment liens against the real property aforesaid, and until fully paid and discharged, or barred by law, shall remain liens equal in rank and dignity with the lien of city and county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such liens shall be enforced by any of the methods provided in F.S. Ch. 86 or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions applicable to practice, pleading and procedure for the foreclosure of mortgages on real estate set forth in Florida Statutes, or may be foreclosed pursuant to F.S. Ch. 173, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The payment of all costs of collection, including reasonable attorney's fees, penalties, administrative charges, and lien amounts is required before said lien shall be discharged or satisfied. All delinquent liens may be offered for sale at the annual lien sale of the city next following the date of delinquency as provided by law. (b) This notice will be the only notice given within a one-year period of time. Any subsequent City of Miami Page 4 of 6 Printed On: 10/28/2008 File Number: 08-01297 violations occurring under this section shall be remedied by the city without further notice. (c) The filing of an appeal from the city's determination of the need for lot clearance by the city shall not delay action by the city as described in section 22-117 of this article. The hearing will be conducted in accordance with the procedures set forth in section 22-93.4 of this Code. (d) The notice shall be in substantially the following form: Date: Name of owner: Address of owner: As the registered property owner per Miami -Dade County tax rolls of the above described property, you are hereby notified that an inspection discloses that you are in violation of the Code of the City of Miami, Florida, as amended, Sections 22-116 through 22-118 because (state why property is in violation.) Chapter 22, Garbage and Other Solid Waste, of the Code of the City of Miami, Florida, as amended requires that your property be kept in a safe, clean condition, not allowing the accumulation of any of the following: solid waste, biological, hazardous or industrial waste, as defined herein, tires, stagnant water; a dense growth of trees, vines and underbrush; or to allow a growth of grass, weeds or bushes over one foot (1 ft.) in height; or to allow the existence of depressions or excavations wherein water may accumulate on any lot, tract or parcel of land within the City to such an extent that it constitutes a menace to life, property, the public health, and public welfare or creates a fire hazard. You are directed to correct said violation within ( ) days of receipt of this notice and to notify this office that the violation has been corrected. Failure to do so will cause the City to clean the property therefore imposing a special assessment lien against the property including the payment of all costs of collection, penalties, lien amounts and administrative fees. The City may also exercise the option of foreclosure on your property. This notice, which shall be recorded in the official records of Miami -Dade County will be the only notice given to you in a period of one (1) year from this date. Any other violations occurring under this section shall be remedied by the City without further notice. City of Miami Code Enforcement Official Sec. 22-119. Exemptions. This Article shall not apply to any lots protected by federal state, or local law or any lots owned by the federal government, state government, Miami -Dade County, or the City of Miami. Sec. 22-120. Alternative procedures. Nothing in this chapter shall be deemed to preempt existing remedies of the City authorized under existing law. City of Miami Page 5 of 6 Printed On: 10/28/2008 File Number: 08-01297 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} APPROVED AS TO FORM AND CORRECTNESS: Akitteff-A",241'4 JULIE CITY ATTORNEY 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 6 of 6 Printed On: 10/28/2008