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Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-02091 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 46,
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"PUBLIC NUISANCES," MORE PARTICULARLY BY AMENDING SECTION 46-2,
TO DELETE PROVISIONS PERTAINING TO ELIGIBILITY REQUIREMENTS;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 2, Article XI of the Code of the City of Miami, Florida, as amended ("City
Code"), provides standards and eligibility for membership requirements that apply to all boards of the
City of Miami ("City") unless there is any statutory or City Charter provision to the contrary, or unless
otherwise specifically provided in said article; and
WHEREAS, said eligibility requirements specifically provide that all members of City boards shall
either be permanent residents of the City, own real property in the City, or work or maintain a business
in the City; and
WHEREAS, the City Commission may waive said eligibility requirement by four -fifths vote of its
membership; and
WHEREAS, the City Commission desires to delete any specific eligibility requirement that is
applicable to the Nuisance Abatement Board that would not be subject to the four -fifth waiver
provision;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 46 of the City Code, is amended in the following particulars:(1)
"Chapter 46
PUBLIC NUISANCES
* * *
Sec. 46-2. Nuisance abatement board.
(a) Created; membership; terms; vacancies; compensation.
(1) The nuisance abatement board of the city is hereby created to serve as a quasijudicial forum in
which controversies over the existence of public nuisances may be resolved in the public interest with
City of Miami Page 1 of 2 Printed On: 11/13/2006
File Number: 06-02091
due process of law. This board shall consist of five individuals ,
who are appointed by the city commission. All
members shall serve a term of one year or until the nominating commissioner leaves office, whichever
occurs first. Each city commissioner shall nominate one member for appointment to the board. Any
member may be reappointed by the city commission for not more than six consecutive terms.
Appointments to fill a vacancy shall be for the remainder of the unexpired term.
Section 2. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 3. 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 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGj ERNANDEZ
CIT . • RNEY
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 2 of 2 Printed On: 11/13/2006