HomeMy WebLinkAboutO-14229City of Miami
Ordinance 14229
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14814 Final Action Date: 11/16/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
10/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TITLED
"BUILDINGS/UNSAFE STRUCTURES," MORE PARTICULARLY BY
PROVIDING FOR REGULATIONS FOR FENCING VACANT LOTS BY ADDING
SECTION 10-104 TO THE CITY CODE, TITLED "VACANT LOT FENCING;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), had a
pilot program to assist City Commission District 4 ("District 4") and City Commission District 5
("District 5") with empty and blighted vacant lot problems; and
WHEREAS, the City of Miami ("City") has many of the same issues suffered by District 4
and 5 including the occupation of vacant lots by unauthorized trespassers and lots left unkept
that become both an eyesore and health hazard to area residents; and
WHEREAS, for fenced off vacant lots, the City needs authority to enter and clear such
lots when property owners fail to do so; and
WHEREAS, there have also been instances where these lots become gathering places
for those involved with illegal narcotics and without owner cooperation it makes it difficult for law
enforcement to effectively enforce the law; and
WHEREAS, the fencing should be capable of securing vacant lots without diminishing
the aesthetic of the surrounding properties;
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:
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 amended in the following particulars:1
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 1 of 4 File ID: 14814 (Revision:) Printed On: 7/15/2025
File ID: 14814 Enactment Number: 14229
"CHAPTER 10"
BUILDINGS
ARTICLE VI. UNSAFE STRUCTURES
Sec. 10-104. — Vacant Lot Fencing
(a) Intent. It is the intent of this section to regulate an improved or unimproved lot that
has become vacant to reduce neighborhood blight and its negative effects by
regulating the fencing of the lot while allowing for necessary enforcement.
(b) Definitions. For the purpose of this section, the following words and phrases shall
have the meaning respectively ascribed to them by this subsection:
(1) Lot: A Lot is any individual Lot, tract or parcel of land, intended as a single
building site or unit, having an assigned number or numbers, letters or letters,
or other name through which it may be identified for development purposes. A
Lot may also be any combination of Lots, tracts, parcels or other areas of land
established by acceptable legal joinder, delineated by a closed boundary and
assigned a number, letter or other name through which it may be identified,
intended as a single unit for development purposes.
(2) Lot Area: Lot area shall be the area withing the Lot Property Lines, excluding
any portions of street rights -of -way or other required dedications.
(3) Vacant lot: As defined in City Code section 22-114, as amended, a lot, tract, or
other parcel of land in the city that does not have a structure or building on the
land.
(c) Fences and "No Trespassing" Signage Required.
(1) All vacant lots may be enclosed with a six-foot high fence without screening
notwithstanding any conflicting provision in the City Code and/or Miami 21
Code, the zoning ordinance of the City of Miami, Florida, as amended. Except,
any vacant lots located within a Historic District must comply with the
requirements of Chapter 23 of the City Code. The vacant lots must be visible
from and including adjacent rights -of -way, alleys and frontage. All such fences
shall be erected with a permit.
(2) "No Trespassing" signs shall be posted on all vacant lots.
(3) The property owner shall:
A. Keep the lot clear of any and all material, overgrowth, or any other such
visual or public nuisance debris; and
B. Sign a consent at the time of permitting for the fence installation to allow
the City to enter upon the lot, locked or unlocked, should the lot become
overgrown in violation of the City Code. The City shall provide fifteen (15)
days notice via US Mail and posting to the address provided on the consent
City of Miami Page 2 of 4 File ID: 14814 (Revision:) Printed on: 7/15/2025
File ID: 14814 Enactment Number: 14229
as well as the mailing address provided to the Miami -Dade County Property
Appraiser prior to entering the lot; and
C. Sign a consent at the time of permitting for the fence installation allowing
the Miami Police Department to enforce the trespassing penalties described
in F.S. § 810.08; and
D. Register the lot with the City as a vacant lot pursuant to Section 22-115;
and
E. Vacant lot fence permits shall be issued for a period of one (1) year and
may be renewed; and
F. The Building Official or their designee may revoke any active vacant lot
fence permit if any construction and/or development is sought on the property
and the fence does not comport to the requirements of Section 10-23(7) of
the City Code.
G. The fence, if any, shall be removed upon the completion of any
construction and/or development on the Lot.
H. Failure to maintain the vacant lot registration may lead to the revocation of
the vacant lot fence permit.
(d) Enhanced Penalties; Appeals.
(1) If the owner or agent of any property within the City fails to maintain a vacant
lot fence as set forth herein it shall be a violation and will cause the City to
remove the derelict fence and vacant fence permit shall be revoked. The City
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.
(2) Any violation of the provisions of this Article may be cited pursuant to Chapter
2, Article X of the City Code and shall result in a civil citation of $500.00
and/or a notice of violation to be brought before the Code Enforcement Board.
(3)
Any property for which the City is required to enter onto and remove
overgrowth, materials, or other debris shall be subject to a lien against the
property with equal rank and dignity of any other special assessment liens
and enforced as provided for in Section 22-118 of the City Code.
(4) 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.
(5)
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.
*„
City of Miami Page 3 of 4 File ID: 14814 (Revision:) Printed on: 7/15/2025
File ID: 14814 Enactment Number: 14229
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:
"ndez, City tor
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 4 of 4 File ID: 14814 (Revision:) Printed on: 7/15/2025