HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney 31'L?4,
DATE: February 8, 2021
RE: February 11, 2021 Commission Meeting Agenda — Substitution of FR. 1 —
Fencing Requirements for Overtown
File No. 8556
Item FR. 1 on the February 11, 2021 is an Ordinance amending the provisions of
Chapter 10, Article IX of the Code of the City of Miami, Florida, as amended, by
extending the pilot program for an additional year. The item is being substituted to
reflect additional language which will expand the program from just Overtown $ alrgf
City Commission District 5. c, -n 2:3
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cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
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City 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 TH ^'�-1
REQUIREMENTS TO ALL OF CITY COMMISSION DISTRICT FIVE (5) AND50 =
PROVIDE FOR AN EXTENSION OF THE SUNSET PROVISION; CONTAIi4IRG
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE CD
EFFECTIVE DATE. c ;� {'n
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SPONSOR(S): Commissioner Jeffrey Watson
3-4
WHEREAS, pursuant to Ordinance No. 13637 adopted on October 13, 2016, tl-gCitj.
Commission adopted Sections 10-129 through 10-134 of the Code of the City of Miamialoka,
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
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 Miami City
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
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 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
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 Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
0 0
Section 2. Chapter 10, Article IX of the City Code is further amended in the foltowl'4
particulars:' mc-irri
"CHAPTER 10 o=,t
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ARTICLE IX. FENCE REQUIREMENTS FOR OVERTOWN MIAMI CITY COMMISS'?ON
DISTRICT 5
*
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 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 thew et by the Interstate 95 Exprc: sway ("I 95") from Northwest 21st Terrace
River; on the south by Northwest 3rd Street fr-em Florida East Cast 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.
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 Overte 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:
' 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 3 File ID: 8556 (Revision:) Printed on: 218/2021
City 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/SECTION 10-134 OF THE CODE OF THE CITY OF Mg\MI,
FLORIDA, AS AMENDED, TITLED "BUILDINGS/FENCE REQUIREMETSOR
OVERTOWN/SUNSET", BY EXTENDING THE SUNSET PROVISION' -7, :-O
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR A c n
IMMEDIATE EFFECTIVE DATE.
4.0
P1
SPONSOR(S): Commissioner Jeffrey Watson yam—." ;
WHEREAS, pursuant to Ordinance No. 13637 adopted on October 13, 2016, tre Ci
Commission adopted Sections 10-129 through 10-134 of the Code of the City of MiamTFlcda,
as amended ("City Code"), to require vacant Tots in the Overtown 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 Overtown
area has once again become a 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 once again require that the owners of said
vacant lots install fencing around the vacant Tots 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 2 File ID: 8556 (Revision:) Printed On: 2/9/2021
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 Ordinance 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 following particulars:1
"CHAPTER 10
BUILDINGS
ARTICLE IX. FENCE REQUIREMENTS FOR OVERTOWN
*
Sec. 10-134. Sunset.
This Article will sunset on Octobcr 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:
ez, ity ttor ey 2/2/2021
' 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 (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 2 of 2 File ID: 8556 (Revision:) Printed on: 2/9/2021