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Ordinance
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3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00153
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/
ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED
OR ABANDONED STRUCTURES", MORE PARTICULARLY BY AMENDING
SECTION 10-63 ENTITLED "RESPONSIBILITIES OF OWNERS OF VACANT,
BLIGHTED, UNSECURED OR ABANDONED STRUCTURES", TO ADD METALLIC
COVERINGS TO THE LIST OF MATERIALS USED TO SECURE BLIGHTED,
UNSECURED OR ABANDONED STRUCTURES; CONTAINING A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, vacant, blighted, unsecured and abandoned structures perpetuate a nuisance
because of their susceptibility to temporary occupancy by transients, and criminal activity such as drug
trafficking, drug use, prostitution, vandalism and other serious crimes, as well as fire safety hazards;
and
WHEREAS, the City of Miami ("City") is working to decrease the incidents of crime associated with
unsecured, vacant, blighted and abandoned structures throughout its communities; 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 these unsecured, vacant, blighted
and abandoned structures; and
WHEREAS, throughout the City there are numerous locations where there are multiple incidents of
crime, and the addition of metal coverings to the list of approved materials used to secure these
vacant, blighted, unsecured and abandoned structures will further decrease and effectively abate
certain incidents of crime in some neighborhoods; and
WHEREAS, it is within the City's Home Rule police powers to exercise any power for municipal
purposes, including and without limitation, the reduction and cessation of crimes associated with
unsecured vacant, blighted and abandoned structures and nuisance activity in and on such structures
which require the expenditure of public funds for police and regulatory activities;
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 and
incorporated as fully set forth in this Section.
Section 2. Chapter 10/Article IV of the Code of the City of Miami, Florida, as amended, entitled
"Buildings/Registration of Vacant;, Blighted, :Unsecured. or Abandoned Structures", is further amended
in the following particulars:{1}
City of Miami
Page I of 3 „ File Id: 12-00153 (Version: 1) Printed On: 2/13/2012
File Number: 12-00153
"CHAPTER 10
BUILDINGS
ARTICLE IV. REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED
STRUCTURES
* * *
Sec. 10-63. Responsibilities of owners of vacant, blighted, and unsecured or abandoned structures.
No owner shall maintain a vacant, blighted, unsecured or abandoned structure.
(1) All owners An owner of a vacant, blighted, unsecured or abandoned structures shall comply with
the requirements of subsections (2) through (6).
(2) All owners An owner of a vacant, blighted, unsecured or abandoned structure shall secure and
maintain all entrances and all other openings of the structures, including but not limited to windows
and doorways. Such vacant, blighted, unsecured or abandoned structure shall be secured as follows:
a. All entrances, windows and other openings shall be secured with approved
materials. Entrances and windows above the ground floor shall be regarded as secure if
the entrances and windows are locked and not otherwise open to entry and the
windows contain glass that is not cracked or broken or shutters that prevent entry.
b. Unapproved materials shall not be allowed for more than 60 days from the notice of
violation (NOV). If the violation is not corrected after thirty (30) days from the issuance
of the initial notice of violation (NOV) or upon issuance of a second NOV for the same
offense, an owner will be required to secure all openings with metallic coverings.
c. Failure to comply with the requirements of this section of this article shall subject the
owner to code enforcement action, as provided in section 10-66 of this article.
(3) All owners of a vacant, blighted, unsecured or abandoned structure shall be responsible for
removing unauthorized signs, posters and graffiti from the structure's exterior unless exempted by this
article or the city's zoning ordinance.
(4) Every owner of a vacant, blighted, unsecured or abandoned structure shall keep the premises free
from rodents, insects, vermin, and other wild animals.
(5) The roof of every structure shall be well drained of rain water.
(6)- All materials used .to secure -vacant,- blighted, unsecured or abandoned structures shall be painted
-in a workmanlike fashion in the same color as its other exterior walls.
City of Miami • Page 2 of 3 File Id: 12-00153 (Version: 1) Printed On: 2/13/2012 •
File Number: 12-00153 -
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 final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
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 3 of 3 File Id: 12-00153 (Version: 1) Printed On: 2/13/2012