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Home My WebLink AboutO-13637City of Miami Ordinance 13637 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1138 Final Action Date: 10/13/2016 (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "BUILDINGS", MORE PARTICULARLY BY CREATING ARTICLE IX, ENTITLED "FENCE REQUIREMENTS FOR OVERTOWN", MANDATING THAT OWNERS OF ALL VACANT LOTS WITHIN THE BOUNDARIES OF OVERTOWN INSTALL FENCING AROUND THEIR PROPERTIES AND PLACE "NO TRESPASSING" SIGNAGE; MANDATING THAT THE CITY OF MIAMI PROCESS SAID FENCE PERMITS UNDER THIS ARTICLE WITHIN THREE (3) DAYS AT NO COST TO THE PROPERTY OWNER; PROVIDING FOR ENHANCED DAILY FINES FOR PROPERTY OWNERS THAT FAIL TO FENCE A PROPERTY WITHIN FORTY- FIVE (45) DAYS OF THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING A SUNSET PROVISION; CREATING DEFINITIONS, PENALTIES AND ENFORCEMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Keon Hardemon WHEREAS, the occupation of vacant lots by unauthorized trespassers in the Overtown area has become an increasing problem; and WHEREAS, the unauthorized occupation of vacant lots poses numerous public safety concerns to the lawful owner or lessee and to the surrounding community thereby creating a public nuisance; and WHEREAS, it appears that the persons who are neither homeless nor residents of the Overtown neighborhood are entering the area with the intent to purchase illegal narcotics and then erect tents or other temporary structures in order to use the illegal narcotics; and WHEREAS, there have been several instances where persons, who are not residents of the Overtown neighborhood, have occupied vacant lots without the property owner's permission or knowledge and overdosed on illegal narcotics, resulting in deaths; and WHEREAS, the City Commission wishes to require that the owners of said vacant lots install fencing around the vacant lots and prominently display "No Trespassing" signage on the properties so as to discourage and reduce the illegal occupation of such vacant lots; and WHEREAS, the City Commission finds that this ordinance is necessary on the grounds of an urgent need for the preservation of health, safety, welfare, or property of the public and the City of Miami; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 4 File ID: 1138 (Revision: A) Printed On: 3/17/2025 File ID: 1138 Enactment Number: 13637 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 Code of the City of Miami, Florida, as amended ("City Code"), is further amended in the following particulars:1 "CHAPTER 10 BUILDINGS ARTICLE IX. FENCE REQUIREMENTS FOR OVERTOWN Sec. 10-129. Fences and "no trespassing" signage required. (1) Notwithstanding any conflicting provisions in the City Code and/or the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended, all vacant lots located within the Overtown area shall be enclosed with at least a four (4) foot high fence. All such fences shall be installed with a permit. (2) "No Trespassing" signs shall be posted on all vacant lots located within the Overtown area subject to this Article. (3) The property owner shall provide written consent allowing the Miami Police Department ("MPD") to enforce the trespassing penalties described in Section 810.08, Florida Statutes. As used herein, the "Overtown area" is that area approximately bounded on the north by Northwest 20th Street from Florida East Coast Railroad to Northwest 3rd Avenue to Northwest 5th Avenue; on the west by the Interstate 95 Expressway ("1-95") from Northwest 21 st Terrace to the 836 Expressway and State Road 836 (East-West) Expressway from 1-95 to the Miami River; on the south by Northwest 3rd Street from Florida East Coast Railroad to Northwest 7th Avenue and the Miami River from Northwest 7th Avenue to the 836 Expressway; and on the east by Florida East Coast Railroad Right -of -Way. (Note: All boundaries are to be construed expansively, incorporating the breadth of described streets, avenues, expressways, and railroad property.) Sec. 10-130. Expedited permit approval for fences in Overtown. Any such fence permits required by this Article shall be processed by the City on an expedited basis and no building permit fee shall be required. The City shall complete its review and issue the fence permit within three (3) business days of submission of a completed building permit application. Sec. 10-131. Enhanced penalties. 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. City of Miami Page 2 of 4 File ID: 1138 (Revision: A) Printed on: 3/17/2025 File ID: 1138 Enactment Number: 13637 Any violation of the provisions of this Section may be cited pursuant to Chapter 2, Article X of the City Code and shall result in a fine of $500.00 for each day the violation remains uncured. If the owner, agent, or occupant of any property within the Overtown area shall fail to comply with the provisions of this Article within ninety (90) days, the City shall cause the property to be fenced and shall keep an accurate accounting of the costs thereof, whereupon the amount of such costs and the interest thereon shall constitute and is hereby imposed as a lien against the subject property with equal rank and dignity of any other special assessment liens. An aggrieved party may appeal both the fees and costs imposed under this Section to a court of competent jurisdiction in accordance with the Florida Rules of Appellate Procedure. These penalties shall not preclude any other remedies available at law or in equity, including but not limited to, injunctive relief in the circuit court and special assessments for fencing the property or other work done by the City. Sec. 10-132. Other remedies. The remedies referenced in this Article are cumulative with other available remedies pursuant to Florida law, including but not limited to an arrest and prosecution pursuant to criminal statutes, civil remedies, and fines, and are not exclusive. The City may remove unauthorized persons from a property pursuant to Florida laws, including in cases where a lawful trespass warning has been provided and the occupants refuse to vacate the property. The City shall also require access to the vacant lot for public safety purposes. Sec. 10-133. Liability. Law enforcement officers and code compliance officers, as well as City staff and agents, are immune from civil or criminal liability for actions taken to remove unauthorized persons and secure property pursuant to the authority provided herein. Sec. 10-134. Sunset. This Article will sunset on October 1, 2017, unless this Section is earlier repealed by the City Commission. Sec. 10-135-10-140. Reserved. *11 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 immediately after final reading and adoption thereof.2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 4 File ID: 1138 (Revision: A) Printed on: 3/17/2025 File ID: 1138 Enactment Number: 13637 APPROVED AS TO FORM AND CORRECTNESS: . II Barnaby L. Min, Deputy City Attorney 11/17/2016 - rtti ia`iOh dez, ity ttor 11/21/2016 City of Miami Page 4 of 4 File ID: 1138 (Revision: A) Printed on: 3/17/2025