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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-01192 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS", MORE PARTICULARLY BY AMENDING ARTICLE 6, ENTITLED "UNSAFE STRUCTURES", IN ORDER TO ADDRESS THE SODDING OF LAND AFTER DEMOLITION OF EXISTING UNSAFE STRUCTURES WITHIN THE CITY OF MIAMI; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Chapter 8 of the Code of Miami -Dade County, Florida, allows municipalities to control demolitions within their jurisdiction; and WHEREAS, properties after demolition are many times left in disarray; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the health, safety and general welfare of the City of Miami and its citizens to amend the Code of the City of Miami, Florida, as amended (the "City Code"), as hereinafter set forth; 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. Chapter 10 of the City Code, entitled "Buildings", is amended in the following particulars:{1} "CHAPTER 10 BUILDINGS ARTICLE VI. UNSAFE STRUCTURES .:Sec. xxx. Maintenance of vacant lots after demolition of structure. (a) -Intent: It is the intent.of this Section to regulate an improved or unimproved lot that has become vacant or the ground has been left in disarray or excavated due to demolition of a structure(s) City of Mianu Page 1 of 3 File Id: 11-01192 (Version: 1) Printed On: 12/27/2011 File Number: 11-01192 on the lot and to implement regulations to: 1. Ensure the lot is rehabilitated in a park -like appearance; or 2. Reduce neighborhood blight and its negative effects by regulating the aesthetic character of vacant lots, formerly improved lots; or 3. Ensure the lot does not have portions of land which have been excavated and not returned to a uniform and level grade after a demolition. (b) Definitions. For the purpose of this section, the following words and phrases shall have the meaning respectively ascribed to them by this subsection: 1. Vacant lot: As defined in City Code § 22-114, as amended, a lot, tract, or other parcel of land in the city that does not have a structure or building on the land. 2. Structure: As defined in City Code § 22-114, as amended, a structure or building as defined by the Florida Building Code, as amended. 3. Tree: As defined in City Code § 17-2, as amended, any self-supporting woody plant or palm which usually has a single main axis or trunk, with a minimum trunk diameter at breast height of two (2) inches and a minimum overall height of 12 feet. This definition excludes plants which are defined as shrubs, hedges, vines, or ground covers. Palms shall have a minimum height of 14 feet in order to be classified as a tree. 4. Lot: a parcel of land; a portion of land; property. (c) Minimum requirements. When a structure has been demolished and real property has become a vacant lot or a portion of a lot has been left in disarray or excavated because of a demolition, the owner of the lot shall, at a minimum: 1. Remove all debris resulting from the demolition of the structure, along with any other garbage from the lot. 2. Refill and grade the lot in accordance with subsection (d), and lay down sod or hydroseed on any exposed dirt on the lot. Nothing in this section shall be construed to require the removal of trees from the lot. (d) Fill requirements. The re -filling and grading of the lot shall comply with the Florida Building Code, as amended. * *II Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provision 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 TFORM AN CORRECTNESS: JULIE O. BRU CITY ATTORNEY • City of Manzi Page 2 of 3 File Id: 11-01192 (Version: 1) Primed On: 12/27/2011 File Number: 11-01192 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. City of Miami Page 3 of 3 File Id: 11-01192 (Version: 1) Printed On: 12/27/2011