HomeMy WebLinkAboutO-13647City of Miami
Ordinance 13647
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1244 Final Action Date: 11/17/2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
22, ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), ENTITLED "GARBAGE AND OTHER SOLID
WASTE/MAINTENANCE OF LOTS", AMENDING SECTION 22-117 OF THE
CITY CODE, ENTITLED "LOT CLEARANCE; FAILURE TO COMPLY; NOTICE
TO OWNER", BY CREATING A NEW SUBSECTION 22-117(f) ESTABLISHING
A CONTINUAL MAINTENANCE PROGRAM IN THE CITY OF MIAMI FOR THE
MAINTAINING AND CLEARING OF VACANT LOTS AFTER REPEAT
VIOLATIONS AND CLARIFYING EXISTING LANGUAGE; FURTHER
AMENDING SECTION 22-118 OF THE CITY CODE, ENTITLED "COST OF
CLEARING AS LIEN ON PROPERTY -COLLECTION, FORECLOSURE AND
SALE", PROVIDING FOR SPECIAL ASSESSMENT OF COSTS INCURRED;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Commissioner Wifredo (Willy) Gort
WHEREAS, the City of Miami ("City") has a problem with certain lots, tracts, and parcels
of land ("lots") that constitute a menace to life, property, the public health, and the public
welfare; and
WHEREAS, these lots when kept in an unsafe, unclean, or unpresentable condition
assist in the spread of mosquitoes, vermin, wild animals, and other unsanitary conditions that
risk the public health, safety, and welfare; 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 lots that are
unsafe, unclean, or unpresentable; and
WHEREAS, the City seeks to ensure that the owners of these lots receive full due
process prior to any actions taken by the City; and
WHEREAS, when the City is required to clear a lot, the City should do so in the most
efficient and cost-effective manner; and
WHEREAS, the City should provide a fair, equitable, and efficient method of allocating
and apportioning the assessed service costs resulting from lot clearings, which constitute a
special benefit to residential and commercial properties, among property owners within the City;
and
WHEREAS, the City is authorized to collect as special assessments service costs which
constitute a special benefit to residential and commercial properties; and
City of Miami Page 1 of 5 File ID: 1244 (Revision: A) Printed On: 3/18/2025
File ID: 1244 Enactment Number: 13647
WHEREAS, recently, persons have been injured or lost their lives in unkept, vacant and
overgrown lots; and
WHEREAS, Section 170.201, Florida Statutes, authorizes the City to levy and collect
special assessments to fund capital improvements and municipal services, including, but not
limited to, fire protection, emergency medical services, garbage disposal, sewer improvement,
street improvement, and parking facilities; and
WHEREAS, Chapter 173, Florida Statutes, authorizes special assessments to be treated
as liens equal in rank and dignity with the lien of ad valorem taxes and superior in rank and
dignity to all other liens, encumbrances, titles and claims in, to or against the real property
involved;
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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 22/Article IV of the Code of the City of Miami, Florida, as
amended, is amended in the following particulars:1
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
ARTICLE IV. MAINTENANCE OF LOTS
Sec. 22-117. - Lot clearance; failure to comply; notice to owner.
(a) The owners or agents of all rental units, including multiple apartments, and the owners of
all structures, either residential or commercial, shall be responsible at all times for keeping
their premises clean and free from all trash and litter, including the sidewalks and swales on
which the buildings or lands front. It shall be the duty of all owners of lots, parcels and tracts
of land within the city to keep such property in a safe clean and presentable condition, and
to remove therefrom all garbage, surplus grass, saplings, weeds and other growths, and all
trash, and to fill in all excavations and depressions thereon, and to limit the growth of grass,
weeds, or bushes to no more than 12 inches in height.
(b) In the event the owners of lots, tracts or parcels of land within the city fail or refuse to keep
such property in a safe, clean and presentable condition, the code enforcement inspector
shall provide notice to the owner that the owner has committed a violation of this chapter
and shall establish a reasonable time period within which the owner must correct the
violation.
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.
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File ID: 1244 Enactment Number: 13647
(c) The code inspector, as defined in section 2-811, shall give the notice by registered or
certified mail to the owner of the property at the owner's last known mailing address, as
disclosed by the city records or by county tax rolls, or at the property's street address, or
upon any occupant thereof, or upon any agent or employee of the owner thereof. Said
notice shall be deemed sufficient when so addressed and deposited in the United States
mail with proper postage prepaid. If the address of the owner is unknown to the code
inspector, as defined in section 2-811, and if the property is unoccupied and the owner
thereof has no agent or employee available for service of such notice, the posting of a
notice upon such property by the code inspector, as defined in section 2-811, shall
constitute and be sufficient notice to the owner thereof. All methods of giving notice as
provided for herein are cumulative and independent of the other, and the code inspector, as
defined in section 2-811, may use one or all of the same as may be deemed necessary.
The notice shall include an opportunity for a hearing as provided in section 22-93.
(d) In the event the owner of any lot, parcel or tract of land shall fail to remove therefrom all
surplus grass, saplings, weeds, trash or garbage, or fail to fill in all excavations and
depressions thereon, or allow the growth of grass, weeds, or bushes to exceed 12 inches in
height after notice has been given by the code inspector, as defined in section 2-811, the
city may clean or cause to be cleaned such lot, tract or parcel of land and place it in a safe
and sanitary condition.
(e) Any actions taken by the city to bring a lot into compliance does not create a continuing
obligation on the part of the local governing body to maintain the lot and does not create
any liability against the local governing body for any damages to the property if such actions
were completed in good faith.
(f) Vacant lots that are not maintained in a clean and sanitary manner and are in repeated
violation of this Section shall be subject to the City's Continual Maintenance Program
("CMP") and shall be notified of such by certified mail and posting on the property. The
CMP will allow City employees and/or vendors to enter upon the vacant land for
maintenance and lot clearing purposes after due notice is provided.
Sec. 22-118. - Cost of clearing as lien on property —collection, foreclosure and sale.
(a) In case the work is done or caused to be done by the city, the code inspector, as defined in
section 2-811, shall keep an itemized accounting of expenses of the work done and the
cost thereof including an administrative charge of $150.00 and mail the statement to the
owner of the property. The owner shall have ten days from the date the request for payment
has been served to appeal the lot clearing process and/or the amount of the expenses and
costs. If the statement is not paid or appealed within ten days, the amount shall bear
interest at the maximum statutory rate allowable by law until paid. Such amounts, together
with all penalties imposed thereon, shall constitute, and are hereby imposed as special
assessment liens against the real property aforesaid, and until fully paid and discharged, or
barred by law, shall remain liens equal in rank and dignity with the line of city and county ad
valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and
claims in, to or against the real property involved. Such liens shall be enforced by any of the
methods provided in F.S. ch. 86 or, in the alternative, foreclosure proceedings may be
instituted and prosecuted under the provisions applicable to practice, pleading and
procedure for the foreclosure of mortgages on real estate set forth in state statutes, or may
be foreclosed pursuant to F.S. ch. 173, or the collection and enforcement of payment
thereof may be accomplished by any other method authorized by law. The payment of all
costs of collection, including reasonable attorney's fees, penalties, administrative charges,
and lien amounts is required before said lien shall be discharged or satisfied. All delinquent
liens may be offered for sale at the annual lien sale of the city next following the date of
City of Miami Page 3 of 5 File ID: 1244 (Revision: A) Printed on: 3/18/2025
File ID: 1244 Enactment Number: 13647
delinquency as provided by law. Costs associated with CMP lot maintenance and lot
clearing will be considered as a Special Assessment on the property as with all other lot
clearing and maintenance expenses pursuant to Section 170.201 and Chapter 173, Florida
Statutes.
(b) This notice will be the only notice given within a one-year period of time. Any subsequent
violations occurring under this section shall be remedied by the city without further notice.
(c) The filing of an appeal from the city's determination of the need for lot clearance by the city
shall not delay action by the city as described in section 22-117. The hearing will be
conducted in accordance with the procedures set forth in section 22-93.4.
(d) The notice shall be in substantially the following form:
Date:
Name of owner:
Address of owner:
As the registered property owner per Miami -Dade County tax rolls of the above
described property, you are hereby notified that an inspection discloses that you are in
violation of the Code of the City of Miami, Florida, as amended, Sections 22-116 through
22-118 because (state why property is in violation.)
Chapter 22, Garbage and Other Solid Waste, of the Code of the City of Miami, Florida,
as amended requires that your property be kept in a safe, clean condition, not allowing the
accumulation of any of the following: solid waste, biological, hazardous or industrial waste,
as defined herein, tires, stagnant water; a dense growth of trees, vines and underbrush; or
to allow a growth of grass, weeds or bushes over one foot (1 ft.) in height; or to allow the
existence of depressions or excavations wherein water may accumulate on any lot, tract or
parcel of land within the City to such an extent that it constitutes a menace to life, property,
the public health, and public welfare or creates a fire hazard.
You are directed to correct said violation within ( ) days
of receipt of this notice and to notify this office that the violation has been corrected. Failure
to do so will cause the City to clean the property therefore imposing a special assessment
lien against the property including the payment of all costs of collection, penalties, lien
amounts and administrative fees. The City may also exercise the option of foreclosure on
your property.
This notice, which shall be recorded in the official records of Miami -Dade County will
be the only notice given to you in a period of one (1) year from this date. Any other
violations occurring under this section shall be remedied by the City without further notice.
City of Miami Code Enforcement Official.
*11
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
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File ID: 1244
Enactment Number: 13647
Section 4. This Ordinance shall become effective thirty (30) days after final reading
and adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
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.
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