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HomeMy WebLinkAboutLegislation-SUBCity of Miami Legislation Ordinance: City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8556 Final Action Date: 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 FIVE (5) ANDTO PROVIDE FOR AN EXTENSION OF THE SUNSET PROVISION; CONTAIN ►RG A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE ; cl EFFECTIVE DATE. e rn -np1 SPONSOR(S): Commissioner Jeffrey Watson 1"1 WHEREAS, pursuant to Ordinance No. 13637 adopted on October 13, 2016, tl ,City_ Commission adopted Sections 10-129 through 10-134 of the Code of the City of Miami lol4ePa, as amended ("City Code"), to require vacant lots in the 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 LIJ Z CO• W O U U O area has once again become a problem; and m 3 D. WHEREAS, the unauthorized occupation of vacant lots throughout Miami City a a Commission District 5 poses numerous public safety concerns to the lawful owner or lessee and "—' to the surrounding community thereby creating a public nuisance; and a W 2• m= WHEREAS, it appears that the persons who are neither homeless nor residents of the a 1- neighborhood are entering the area with the intent to purchase illegal narcotics and then erect O z a tents or other temporary structures in order to use the illegal narcotics; and o--c W 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 WHEREAS, there have been several instances where persons, who are not residents of District 5, have occupied vacant Tots without the property owner's 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; City of Miami Page 1 of 3 File ID: 8556 (Revision:) Printed On: 2/8/2021 855GLzqis/z1orSUE File ID: 8556 Enactment Number: 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 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 particulars:1 Ordinance are 0 0 in the fc owl -n r" ri 0 ca , m c.3 ARTICLE IX. FENCE REQUIREMENTS FOR OVERTOWN MIAMI CITY COMMISSION DISTRICT 5 * "CHAPTER 10 BUILDINGS * 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 t-he 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 Northwest 21st Terrace River; on the south by Northwest 3rd Street from Florida East Coast Railroad to Northwest 7th 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 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 2 of 3 File ID: 8556 (Revision:) Printed on: 2/8/2021 File ID: 8556 Enactment Number: 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. If the owner, agent, or occupant of any property within the Overtow+n 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 0 -7, o • N APPROVED AS TO FORM AND CORRECTNESS: rn - + CO rrl 7 -rIRI ill a < C) r % rn x w z 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 3 of 3 File ID: 8556 (Revision:) Printed on: 2/8/2021 City of Miami Legislation Ordinance: File Number: 8556 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Actio Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING C 10/ARTICLE IX/SECTION 10-134 OF THE CODE OF THE CITY OF FLORIDA, AS AMENDED, TITLED "BUILDINGS/FENCE REQUIR OVERTOWN/SUNSET", BY EXTENDING THE SUNSET PROVI CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Jeffrey Watson PTER g\MI, ETSgOR ON• yrn -�© rri WHEREAS, pursuant to Ordinance No. 13637 adopted on October 13, 2016, tree City Commission adopted Sections 10-129 through 10-134 of the C. e of the City of Miami Flc la, as amended ("City Code"), to require vacant lots in the Overto n area of the City of Miami ("City") to be fenced with four (4) foot fencing posted with " Trespassing" signs to be enforced by the Miami Police Department and further to provide for xpedited permit review for said fences ("Ordinance"); and rn r) WHEREAS, pursuant to Section 10-134 oft •- City Code, the Ordinance sunsetted on October 1, 2017; and WHEREAS, the occupation of vacant I s by unauthorized trespassers in the Overtown area has once again become a problem; an WHEREAS, the unauthorized o upation of vacant lots poses numerous public safety concerns to the lawful owner or Jesse: and to the surrounding community thereby creating a public nuisance; and WHEREAS, it appears t .t the persons who are neither homeless nor residents of the Overtown neighborhood are tering the area with the intent to purchase illegal narcotics and then erect tents or other te-.orary structures in order to use the illegal narcotics; and WHEREAS, the have been several instances where persons, who are not residents of the Overtown neighbood, have occupied vacant lots without the property owner's permission or knowledge and o erdosed on illegal narcotics, resulting in deaths; and WHERE S, the City Commission wishes to once again require that the owners of said vacant lots in all fencing around the vacant lots and prominently display "No Trespassing" signage on e 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 a urgent need for the preservation of health, safety, welfare, and property of the public and t City; City of Miami Page 1 of 2 File ID: 8556 (Revision:) Printed On: 2/9/2021 File ID: 8556 Enactme Number: NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CI ' OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this • dinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 10 of the City Code is further amended in the •Mowing particulars:1 "CHAPTER 10 BUILDINGS ARTICLE IX. FENCE REQUIREMENTS OR OVERTOWN * Sec. 10-134. Sunset. This Article will sunset on October 1, 2017 Febr : ry 28, 2022, unless this Section is earlier repealed by the City Commission. * *„ Section 3. If any section, part of - section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the re ining provision of this Ordinance shall not be affected. Section 4. This Ordinance hall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM D CORRECTNESS: •rai�=ndez, ity ttor ey 2/2/2021 C7 N 'pl fV mug rn =c co Fri ca e t :") ko .. W.rds and/or figures stricken through shall be deleted. Underscored words and/or figures shall be a' .ed. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and d nchanged material. 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. SUBSTITUTED City of Miami Page 2 of 2 File ID: 8556 (Revision:) Printed on: 2/9/2021