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HomeMy WebLinkAboutLegislation SR (Version 2) 04/12/12City of Miami Legislation Ordinance City Hall 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 "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 EFFECTIVE DATE. WHEREAS, blighted, unsecured or abandoned structures perpetuate a nuisance because of their susceptibility to temporary occupancy by transients and criminal activities 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, blighted or 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, blighted or 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 blighted, unsecured or 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, blighted or 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. Chapter 10/Article IV of the Code of the City of Miami, Florida, as amended, entitled "Registration of Vacant, Blighted, Unsecured or Abandoned Structures", is further amended in the following particulars:{1 } "CHAPTER 10 BUILDINGS Cite of Miami Page 1 of 3 File Id: 12-00153 (Version: 2) Printed On: 4/.3/2012. File Number: 12-00153 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 vaaar}t, blighted, unsecured or abandoned structure. (1) AII-aw e-rs An owner of a vaea4f, blighted, unsecured or abandoned structures shall comply with the requirements of subsections (2) through (6). (2) A 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: (3) a. All entrances, windows and other openings shall be secured with approved materials, provided that such materials completely seal all entrances, windows and other openings, thereby protecting the interior of the structure from wind, rain, and other naturally occurring elements. 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 the-n-60 days-fam the notice of violation-440)- If a violation of this section 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 commercial quality, 14-gauge, rust proof metallic coverings. c. Such metallic coverings shall consist of steel sheet metal. excluding aluminum and copper. which allow for ventilation. Said metallic coverings must have an exterior finish that allows for easy graffiti removal, and be designed to prevent removal from the exterior with a crowbar or other prying device. In addition, the metallic coverings must consist of threaded rods or cables attached on the interior of the structure to a steel cross -brace that spans the opening. d. 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. 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 CTh of Miami Page 2 of-3 File Id: 12-00153 (Version: 2) Printed On: 4/3/2012 File Number. 12-00153 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. * * *.. *II Section 2. 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 3. 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: 2) Printed On: 4/3/2012