HomeMy WebLinkAboutLegislation FRr {;;
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City of Miami
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Ordinance
File Number: 16-00089 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE IV
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED,
"REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES"
TO ADD A NEW SUBSECTION REQUIRING THE REGISTRATION AND MAINTENANCE OF
CERTAIN REAL PROPERTIES BY MORTGAGEES; DEFINING TERMS; PROVIDING FOR
PENALTIES AND ENFORCEMENT, AS WELL AS THE REGULATION, LIMITATION AND
REDUCTION OF REGISTRABLE REAL PROPERTY WITHIN THE CITY OF MIAMI;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to protect the public health, safety and welfare of
the residents of the City of Miami ("City") and maintain a high quality of life for its residents and
improve the condition of certain structures through the maintenance of structures and properties
in the City; and
WHEREAS, properties that are neglected and have unsecured, accessible structures have a
negative impact on community value, create conditions that invite criminal activity, and foster an
unsafe and unhealthy environment for children, families and residents; and
WHEREAS, the ongoing mortgage foreclosure situation has serious negative implications
for all communities trying to manage the consequences of properties that have defaulted
mortgages, are in the foreclosure process, foreclosed upon and/or mortgagee owned; and
WHEREAS, properties with defaulted mortgages that are neglected and have unsecured,
accessible structures have a negative impact on community value, create conditions that invite
criminal activity, and foster an unsafe and unhealthy environment for children; and
WHEREAS, often times, the foreclosing party or property owners are often out of state, and
there is no local contact for such a property, which makes it difficult to notice the proper party of
the violations of code enforcement violations, and to maintain the requisite level of maintenance
and security on such structures and lots; and
WHEREAS, the City Commission recognizes that the large number of properties with
defaulted mortgages and subject to foreclosure action or that are being foreclosed upon (often
identified herein as "registrable properties") located within the City lead to a decline in property
I valuecreate nuisances -and lead -to- a - general decrease -in neighborhood and community- - -
-
! security, stability, and aesthetics; and
WHEREAS, the City Commission has already adopted property maintenance codes to
regulate building standards for the exterior of structures and the condition of the property as a
whole; and
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WHEREAS, the City Commission recognizes that it is in the best interest of the public
health, safety and welfare to establish a more regulated method to discourage registrable
property owners and mortgagees from allowing their properties to be abandoned, neglected or
left unsupervised; and
WHEREAS, the City Commission has a vested interest in protecting neighborhoods against
decay caused by registrable property and concludes that it is in the best interests of the health,
safety, and welfare of its citizens and residents to impose registration requirements of
registrable property located within the City to discourage registrable property owners and
mortgagees from allowing their properties to be abandoned, neglected or left unsupervised; and
WHEREAS, the City Commission desires to amend the Code of the City of Miami, Florida,
as amended ("City Code'), in order to establish a property registration process that will identify a
contact person to address safety and aesthetic concerns to minimize the negative impact and
conditions that occur as a result of vacancy, absentee ownership and the foreclosure process;
and
WHEREAS, upon passage, duly noticed public hearings, as required by law, will have been
held by the City Commission, at which public hearings all residents and interested persons were
given an opportunity to be heard;
NOW, THEREFORE, BE 1T 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/Article IV of the City Code is amended in the following particulars: {1)
"CHAPTER 10
BUILDINGS
ARTICLE IV. REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED
STRUCTURES AND OF DEFAULTED MORTGAGED PROPERTIES
Sec. 10-62. - Definitions.
Unless otherwise expressly stated, the following terms shall, -for the purpose of this article,
have the meanings indicated in this section:
-
Aban-doned structures means a-struc ure or building,, --as defined hereinlor portion thereof — --
which may have multiple housing, code enforcement and/or building code violations, or may be
illegally occupied and is:
(1) Unsecured;
(2) Unsafe as defined herein or as in the Miami -Dade County, Florida Code of Ordinances,
Chapter 8 entitled Building Code, as amended;
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(3) Condemned as defined by Miami -Dade County, Florida Code of Ordinances, as
amended;
(4) Vacant for a period of time over 30 days, beginning from the date of City inspection
and during which time the enforcement officer has issued an order to correct violations,
abate a nuisance, or remove an attractive nuisance;
(5) Vacant for a period of time over 30 days without evidence of functioning water, electric
and/or gas utilities;
(6) Boarded up, partially destroyed, or partially constructed or incomplete after the building
permit authorizing its construction has expired;
(7) Accessible to trespassers, criminals or other unauthorized persons; or
(8) Currently the subject of mortgage or tax foreclosure proceedings, delinquent in
mortgage or tax payments for at least 90 days, and vacant for at least 90 days.
Accessible Property/Structure means a property that is accessible through a
comprised/breached gate, fence, wall, etc„ or a structure that is unsecured and/or breached in
such a way as to allow access to the interior space by unauthorized persons.
Annual Registration means twelve (12) months from the date of the first action that required
registration, as determined by the City, or its authorized designee, and every subsequent twelve
(12) months. The date of the initial registration may be different than the date of the first action
that required registration.
Applicable Codes means the City's Zoning Ordinance, City Code, and the State and County
Building and Fire Codes.
Approved materials means all city approved materials used to secure a structure.
Blighted property means:
(1) Structures that have broken or severely damaged windows, doors, walls, or roofs which
create hazardous conditions and encourage trespassing or malicious mischief;
(2) Structures whose maintenance is so out of harmony and conformity with the
maintenance and quality of adjacent or nearby properties as to cause substantial
diminution in the use or property value of such adjacent or nearby properties;
(3) A structure defined as a public nuisance pursuant to section 46-1, as amended or
pursuant to state statute;
(4) Any individual, commercial, industrial, or residential structure or improvement that
endangers the public's health, safety or welfare because the structure or improvement
upon the property is dilapidated, deteriorated, or violates minimum health and safety
standards, and lacks maintenance as defined by the Florida Building Code; or
(5) A structure which exhibits objectively determinable signs of deterioration sufficient to
constitute a threat to human health, safety, and public welfare.
Codes means all applicable codes, including but not limited to, National Fire Prevention
Code, Florida Building Code, the Miami -Dade County Code and the City Code,
Code violations means violations of any codes adopted and enforced by the city, which may
i include but not be limited to, the National Fire Prevention Code, Florida Building Code, the
Miami -Dade County Code and the City Code.
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Default means that the mortgagor has not complied with the terms of the mortgage
on the property, or the promissory note, or other evidence of the debt, referred to in the
mortgage.
Enforcement officer means code enforcement inspector, building inspector, or manager's
designee.
Foreclosure means the legal process by which a mortgagee, or other lien holder, terminates
a property owner's equitable right of redemption to obtain legal and equitable title to the real
property pledged as security for a debtor the real property subject to the lien. This definition
shall include, but is not limited to, public notice of default, a deed -in -Lieu of foreclosure, sale to
the mortgagee or lien holder, certificate of title and all other processes, activities and actions, by
whatever name, associated with the described process. The process is not concluded until the
property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any
other means, is sold to a non -related bona fide purchaser in an arm's length transaction to
satisfy the debt or lien.
Local Property Management Company means a property manager, property anagement
company or similar entity responsible for the maintenance and security of registrable real
property within twenty (20) driving miles of the County limits. Upon review of credentials the
City, or its designee, may allow a non -local property manager to be listed.
Manager shall mean the City Manager of the City of Miami or the Manager's authorized
designee.
Mortgage Servicer means a company to which some borrowers pay their mortgage loan
payment and which performs other services in connection with mortgages and mortgage-
backed securities,
Mortgagee means the creditor, including but not limited to, trustees; mortgage service
companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor;
any successor in interest; or any assignee of the creditor's rights, interests or obligations under
the mortgage agreement.
Owner means any person, legal entity or other party having any ownership interest in real
property, including but not limited to, owners identified on the blighted, unsecured or abandoned
structures registration form; or a purchaser, devisee, lessee, fiduciary, or holder of an
unrecorded deed. This term shall also apply to any person, legal entity or agent responsible for
the construction, maintenance or operation of the structure involved, as well any person, legal
entity or agent authorized to initiate a foreclosure or collection proceeding against the property,
whether or not such proceeding has in fact been initiated. This term shall not apply to the City.
Plan means a city approved proposal required to be submitted by the owner to bring a
structure into compliance pursuant to all applicable codes.
Property Management Company means a local property manager, property maintenance
company or similar entity responsible esponsible for the maintenance of Registrable Property.
Rental Property means property that contains a single-family rental dwelling unit or multi-
family rental dwelling units for use by residential tenants including but not limited to the
following: mobile homes mobile home spaces, town homes and condominium unit(s). A rental
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dwelling unit includes property that is provided to an individual or entity for residential purposes
upon payment of rent or any other consideration in lieu of rent regardless of relationship
between lessor and lessee.
Registrable Property means any real property located in the City, whether vacant or
occupied by trespassers or persons with no legal authority to be present on the property, that is
encumbered by a mortgage in default, is subject to an ongoing Foreclosure action by the
Mortgagee or Trustee, is subject to an application for a tax deed or pending tax assessor's lien
sale, or has been the subject of a Foreclosure sale where the title was transferred to the
beneficiary of a mortgage involved in the Foreclosure and any properties transferred under a
deed in lieu of foreclosure/sale.
The designation of a "default/foreclosure" property as "registrable" shall remain in place until
such time as the property is sold to a non -related bona fide purchaser in an arm's length.
transaction or the foreclosure action has been dismissed and any default on the mortgage has
been cured. Non -related in this instance shall mean not related by blood or marriage to the
seller in terms of natural persons and not affiliated, parent, or subsidiary companies, or a
company with related natural persons as officers, directors, or as owners of more than five
percent (5%o) of the stock or other equivalent ownership, in terms of a business entity.
Structure means a structure or building as defined by the Florida Building Code.
Unauthorized Person(s) means a person or persons who do not have legal authority to be
present on the property such as a right of ownership or lease or similar agreement conveying a
right of occupancy.
Unsafe structure means a structure or building which is potentially hazardous to persons or
surrounding structures, including, but not limited to:
(1) A structure which has collapsed, is in danger of partial or complete collapse, or unable to
support the weight of normally imposed loads;
(2) A structure with any exterior parts which are loose or in danger of falling;
(3) A structure which is vacant, unguarded and open at doors or windows;
(4) A structure with an accumulation of debris or other material therein representing a
hazard of combustion;
(5) A structure in a condition that creates hazards with respect to means of ingress and
egress and fire protection as provided herein for the particular occupancy;
(6) A structure or structural parts that are in deterioration;
(7) A structure that is partially destroyed;
(8) A structure with electrical or mechanical installations or systems creating a hazardous
condition contrary to the standards of the Florida Building Code; or
(9) A structure that by reasons of use or occupancy, the area, height, type of construction,
fire -resistivity, means of ingress and egress, electrical equipment, plumbing, air conditioning or
other features regulated by this Code do not comply with this Code for the use and group of
occupancy.
Unsecured means an unoccupied structure or a structure without a lawful tenant or
occupant which is open to entry by unauthorized persons or covered with unapproved materials
and that are not in conformity with the nearby structures or materials not in compliance with the
Florida Building Code.
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Vacant means a structure that is unoccupied and is not actively used as a place of
residence or business. Actively used shall not include occupancy or use by persons with no
legal authorityto o be present on the property.
Sec. 10-63. - Responsibilities of owners of vacant, blighted, unsecured or abandoned
structures.
No owner shall maintain a blighted, unsecured or abandoned structure.
r (1) An owner of a blighted, unsecured or abandoned structure shall comply with the
requirements of subsections (2) through (6).
(2) An owner of a blighted, unsecured or abandoned structure shall secure and maintain
all entrances and all other openings of the structure, including but not limited to
windows and doorways. Such blighted, unsecured or abandoned structure shall be
secured as follows;
a. All entrances, windows and other openings shall be secured with approved
materials, provided that such materials completely seal all entrances, windows and
other openings, thereby protecting the interior of the structure from wind, rain, and
other naturally occurring elements, Entrances and windows above the ground floor
shall be regarded as secure if the entrances and windows are locked and not
otherwise open to entry and the windows contain glass that is not cracked or
broken or shutters that prevent entry.
b. If a violation of this section is discovered by a code enforcement officer, said
officer is authorized to issue a notice of violation (NOV) requiring the structure to
be secured within the time period enumerated in the NOV. If the structure remains
unsecured after the time period enumerated in the notice, the city, at its option,
I shall present a case based on the violation to the code enforcement board or
special master, pursuant to chapter 2, article X of this Code. As part of its case, or
at any subsequent properly noticed hearing, the city may present evidence
showing that criminal activities or incidents presenting a threat to life and safety
are occurring on the property where the unsecured structure is located. If such
evidence is presented and the code enforcement board or special master
determines that this section has been violated, the owner of the structure at issue
may be required to secure all openings with commercial quality, 14 -gauge, rust
proof metallic coverings.
c. Such metallic coverings shall consist of steel sheet metal, excluding aluminum and
copper, which allow for ventilation. Said metallic coverings must have an exterior
+ finish that allows for easy graffiti removal, and be designed to prevent removal
from the exterior with a crowbar or other prying device. In addition, the metallic
coverings must consist of threaded rods or cables attached on the interior of the
G structure to a steel cross -brace that spans the opening.
d. Failure to comply with the requirements of this section of this article shall subject
the owner to code enforcement action, as provided in section 10-66 of this article.
i (3) All owners of a vacant, blighted, unsecured or abandoned structure shall be
responsible for removing unauthorized signs, posters and graffiti from the structure's
i exterior unless exempted by this article or the city's zoning ordinance.
- — -- - --- ---(4)- Every -owner of a vacant, blighted_ unsecured or abandoned structure shall keep the
premises free from rodents, insects, vermin, and other wild animals.
(5) The roof of every structure shall be well drained of rain water.
(6) All materials used to secure blighted, unsecured or abandoned structures shall be
painted in a workmanlike fashion in the same color as its other exterior walls.
Sec. 10-64. - Vacant structure registration.
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(a) Every owner of a commercial or single-family vacant structure, which is not in Default as
defined in this Article, shall--at--no-Gest-tithe owner, register said structure with the city. The
registration fees for a commercial or single-family structure are set forth in Sections 10-65.
Such registration shall include:
(1) A description of the premises including address, legal description, and folio number;
(2) The names, addresses, and contact numbers of the owner, or agents, that can be
contacted within 24 hours; and
(3) Written consent by the owner allowing the city police department to enforce the
trespassing penalties described in F.S. § 810.08.
(b) Owners of vacant structures located within a multi -family building shall not have to comply
with this section if:
(1) The multi -family structure has a property manager on the premises;
(2) The multi -family structure has a homeowners' association responsible for the
management and maintenance of the property;
(3) The multi -family structure has security located on or responsible for the property; and
(4) The property manager of the multi -family building, at no costs to the property manager,
registers the following information with the city:
a. A description of the property including address and unit number of all vacant
structures within the multi -family building;
b. The names, addresses, and contact number of the property manager or agent who
can be contacted within 24 hours;
c. Written consent by the owner allowing the city police department to enforce the
trespassing penalties described in F.S. § 810.08.
(c) If any of the requirements of subsections (b) (1)-(4) are not complied with, the individual
owner of the vacant structure located within a multi -family building shall register pursuant to
subsection 10-65(a),
(d) This registration must be done upon any transfer of the property and every October 1st
thereafter.
Sec. 10-65. - Blighted, unsecured, vacant or abandoned structure registration.
(a) After any structure in the city becomes a blighted, unsecured, vacant or abandoned
structure which is in default, as defined in this article, the owner shall register the property
as provided in this Section and Section 10=66.
(b) The registration shall be submitted on designated forms and shall, at a minimum, include
the following information supplied by the owner:
(1) A description of the premises, including address, legal description and folio number;
(2) The names, addresses and contact numbers of the owner, or agents, that can be
contacted within 24 hours;
(3) The names, addresses and contact numbers of all known lien holders and all other
parties with an ownership interest in the structure;
(4) A plan and timeline for bringing the structure into compliance; and
(5) Written consent by the owner allowing the city police department to enforce the
trespassing penalties described in F.S. § 810.08.
(c) The owner shall comply with all applicable laws and codes and close all outstanding City
-
Code -violations, unless waived by the appropriate department or agency.
(d) The owner shall submit a plan and timeline, as described in subsection (b) (4) to be
approved by the enforcement officer. The enforcement officer shall require completion of the
plan within a reasonable time, not to exceed ninety (90) days. Any repairs, improvements or
alterations to structures must comply with any applicable housing and/or building codes.
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(e) The owner shall notify the enforcement officer of any changes to the information supplied on
the registration immediately. All plan and timeline revisions and extensions must be
approved by the enforcement officer or the city manager's designee.
(f) Unless a strl inti ire has been registered as Vacant structure ire p iron ant to this GeGtinnf tThe
owner of a blighted, unsecured, vacant or abandoned structurewhi^h is in def -vault shall pay
a registration fee:
(1) The owner of a blighted, unsecured, vacant or abandoned structure shall initially
register the property with the city and pay an annual registration fee. The schedule is
as follows:
a. $262,50 for the first year.
b. $394.00 for the second year.
c. $525.00 for the third and each subsequent consecutive year the building remains a
blighted, unsecured or abandoned structure.
(2) The fee for the first year of registration shall be due and payable, in full, 30 days after
the structure is registered as a blighted, unsecured or abandoned structure. If the fee is
not paid within 30 days of being due, the owner shall be subject to prosecution as
prescribed in section 10-66. In addition, interest at the statutory rate per annum shall
accrue on fees which are not timely paid.
(3) The registration fee shall be paid in full prior to the issuance of any permits to repair or
rehabilitate with the exception of a demolition permit.
(4) All delinquent registration fees, including interest, shall be paid by the owner prior to
any transfer of ownership interest. If the fees are not paid prior to transfer, the new
owner shall be responsible for all outstanding fees no later than 30 days after the
transfer of ownership and subsequent registration fees shall be due and payable in
accordance with this article.
(5) The registration fee is reasonably related to the administrative costs for processing the
registrations and monitoring of the blighted, unsecured, or abandoned structures.
Increasing fees reflect growing costs of identifying, regulating, monitoring and policing
of deteriorating structures. In registering an abandoned property as vacant, the form
will indicate that submission grants the City's Police Department the authority to issue
trespass warnings to individuals who cannot demonstrate written authorization to be on
the property. The mortgagee or owner can opt out of or revoke the Department's
authority to issue a trespass warning by notifying the Police Department on the
registration form or in writing directed to the Chief of Police.
(g) The enforcement officer shall keep a file for all registered blighted, unsecured or abandoned
structures, which shall include any information from interested parties or citizens regarding
the history, problems, status or blighting influence of such structure.
Sec. 10-656. - Defaulted mortgage real property registration.
(a) Any Mortaaaee who holds a mortaaae on real property located within the City shall perform
an inspection of the property to determine vacancy or occupancy, upon default by the
mortgagor. The Mortgagee shall, within ten (10) days of the inspection, register the property
with the City, or its designee, on forms or other manner as directed, and indicate whether
the property is vacant or occupied. A separate registration is required for each property,
- - - whether it -is -found to be vacant or occupied.-----
(b)
ccupied.
(b) Registration pursuant to this Section shall contain the name, direct mailing address, direct
contact name, telephone number, and e-mail address for the Mortgagee/Trustee, and the
Servicer, and the name and twenty-four (24) hour contact phone number of the Local
Property Management Company responsible for the security and maintenance of the
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property who has the authority to make decisions concerning the abatement of nuisance
conditions at the property, as well as any expenditure in connection therewith.
(c) Mortgagees who have existing_ registrable property on the effective date of this ordinance
have thirty (30) calendar days from the effective date to register the property with the City, or
its designee, on forms or other manner as directed, and indicate whether the property is
vacant or occupied. A separate registration is required for each property, whether it is
vacant or occupied.
(d) if the mortgage on a Registrable Property is sold or transferred, the new Mortgagee is
subject to all the terms of this Article and within five (5) days of the transfer, must register
the property and pay a registration fee in accordance with this Article. Any previous unpaid
annual registration fees are the responsibility of the new Mortgagee or Trustee and are due
and payable with their initial registration.
(e) If the Mortgagee owner of a foreclbsed real property sells or transfers the property to a non -
arm's Length related person or entity, the transferee is subject to all the terms of this Article
and within five (5) days of the transfer, must register the property and and pay registration fee
in accordance with this Article. Any previous unpaid annual registration fees are the
responsibility of the new Registrable Property owner and are due and payable with their
initial registration.
O As long as the property is Registrable it shall be inspected by the Mortgagee, or designee,
monthly. If an inspection shows a change in the property's occupancy status the mortgagee
shall, within ten (10) days of that inspection, update the occupancy status, of the prosy
registration.
(q) A non-refundable annual registration fee as established in this Article, as amended, and as
applicable, shall accompany each registration pursuant to this Section.
(h) All registration fees must be paid directly from the Mortgagee, Trustee, Servicer, or Owner.
Third Party Registration fees are not allowed without the written consent of the City. Manager
and/or his authorized designee,
(i) Properties subject to this Section shall remain under the annual registration requirement,
and the inspection, security and maintenance standards of this Section as long as they are
registrable.
(j) Until the mortgage or lien on the property in question is satisfied, or legally discharged, the
desire to no longer pursue foreclosure the filing of a dismissal of lis pendens and/or
summary of final judgment and/or certificate of title, voluntary or otherwise, does not exempt
any Mortgagee holding the defaulted mortgage, from all the requirements of this Article as
long as the borrower is in default.
(k) Any
person or legal entity that has registered a property under this Section must report any,
change of information contained in the registration within ten (10) days of the change.
(1) Failure of the Mortgagee to properly register or to modify the registration form from time to
time to reflect a change of circumstances as required by this Article is a violation of the
Article and shall be subject to enforcement and any resulting monetary penalties.
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(m) Pursuant to any administrative or judicial finding and determination that any property is in
violation of this Article, the City may take the necessary action to ensure compliance with
and thereafter place a lien on the property for the cost of the work performed to benefit the
property and bring it into compliance,
(n) Properties subiect to these Sections shall be maintained in a secure manner so as not to be
accessible to unauthorized persons. A "secure manner" shall include, but not be limited to,
the closure and locking of windows, doors, gates and other openings of such size that may
allow a child to access the interior of the property or structure. Broken windows, doors,
gates and other openings of such size that may allow a child to access the interior of the
property or structure must be repaired. Broken windows shall be secured by re -glazing of
the window.
(o) if a property is registrable, and the property has become vacant or blighted, a Local Property
Manager shall be designated by the Mortgagee or Owner to perform the work necessary to
bring the property into compliance with the applicable Code(s), and the Local Property
Manager must perform regular inspections to verify compliance with the requirements of this
Article, and any other applicable laws,
(p) All Registrable Property is hereby declared to be a public nuisance, the abatement of which
pursuant to the police power is hereby declared to be necessary for the health, welfare and
safety of the residents of the City.
Sec. 10-667. - Enforcement.
Sec. 10-678. - Exemptions.
Sec. 10-669. - Penalties.
Sec. 10-6610. -Alternative procedures.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of the
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
------------
--- -- ------ -
Section 4. This Ordinance shall become effective immediately after final reading and
adoption thereof. {2}
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APPROVED AS TO FORM AND CORRECTNESS:
VICTO ` IA MEND
CIT ATTORN:EIY
F dt'note
J'J�Vords 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) calendar 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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