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Home My WebLink AboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #8556 Ordinance Second Reading Sponsored by: Jeffrey Watson, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE IX, TITLED "BUILDINGS/FENCE REQUIREMENTS FOR OVERTOWN", TO CHANGE THE TITLE TO REMOVE OVERTOWN AND REPLACE WITH MIAMI CITY COMMISSION DISTRICT 5, TO EXTEND THE REQUIREMENTS TO ALL OF CITY COMMISSION DISTRICT 5, AND TO PROVIDE FOR AN EXTENSION OF THE SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 8556 (Revision: A) Printed On: 5/19/2025 City of Miami Legislation Ordinance Enactment Number: 13983 File Number: 8556 Final Action Date: 3/25/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE IX, TITLED "BUILDINGS/FENCE REQUIREMENTS FOR OVERTOWN", TO CHANGE THE TITLE TO REMOVE OVERTOWN AND REPLACE WITH MIAMI CITY COMMISSION DISTRICT 5, TO EXTEND THE REQUIREMENTS TO ALL OF CITY COMMISSION DISTRICT 5, AND TO PROVIDE FOR AN EXTENSION OF THE SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 13637 adopted on October 13, 2016, the City Commission adopted Sections 10-129 through 10-134 of the Code of the City of Miami, Florida, as amended ("City Code"), to require vacant lots in the City Commission District 5 ("District 5") area of the City of Miami ("City") to be fenced with four (4) foot fencing posted with "No Trespassing" signs to be enforced by the Miami Police Department and further to provide for expedited permit review for said fences ("Ordinance"); and WHEREAS, pursuant to Section 10-134 of the City Code, the Ordinance sunsetted on October 1, 2017; and WHEREAS, the occupation of vacant lots by unauthorized trespassers in the District 5 area has once again become a problem; and WHEREAS, the unauthorized occupation of vacant lots throughout District 5 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 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 District 5 have occupied vacant lots without the property owners' permission or knowledge and overdosed on illegal narcotics, resulting in deaths; and WHEREAS, the City Commission wishes to once again 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, and property of the public and the City; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami File ID: 8556 (Revision: A) Printed On: 5/19/2025 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/Article IX of the City Code is further amended in the following particulars:' "CHAPTER 10 BUILDINGS ARTICLE IX. FENCE REQUIREMENTS FOR OVERTOWN MIAMI CITY COMMISSION DISTRICT 5 Sec. 10-129. Fences and "no trespassing" signage required. (a) 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 Miami City Commission District 5 ("District 5") shall be enclosed with at least a four foot high fence. All such fences shall be installed with a permit. (b) "No Trespassing" signs shall be posted on all vacant lots located within the Overtown District 5 area subject to this article. (c) The property owner shall provide written consent allowing the Miami Police Department ("MPD") to enforce the trespassing penalties described in F.S. § 810.08. As used herein, the "Overtown area" is that area approximately bounded on the north by 5th Avenue; on the west by the Interstate 95 Expressway ("I 95") from Northwcct 21st Tcrracc River; on the south by Northwest 3rd Street from Florida East Coast Railroad to Northwest 7th ast by Florida East Coast Railroad right of way. (Notc: All boundaries are to be construed expansively, incorporating thcrcadth of described streets, avenues, cxpre-sways, and railroad property.). Sec. 10-130. Expedited permit approval for fences in Overtown District 5. 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 business days of submission of a completed building permit application and all permits shall adhere to the requirements of the City Code and the Florida Building Code. Sec. 10-131. Enhanced Penalties. Any violation of the provisions of this section may be cited pursuant to chapter 2, article X of this Code and shall result in a fine of $500.00 for each day the violation remains uncured. 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 File ID: 8556 (Revision: A) Printed On: 5/19/2025 If the owner, agent, or occupant of any property within the Overtown District 5 area shall fail to comply with the provisions of this article within 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. 10-134. Sunset. This Article will sunset on October 1, 2017 February 28, 2022, unless this Section is earlier repealed by the City Commission. *„ 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 APPROVED AS TO FORM AND CORRECTNESS: ey 2/2/2021 ndez, City Attor 2/22/2021 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 File ID: 8556 (Revision: A) Printed On: 5/19/2025