HomeMy Public PortalAbout2022-21 - Establishing a Nuisance Abatement ProgramSponsored by: Commissioner Williams
ORDINANCE NO. 2022-21
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, REPEALING AND
REPLACING CHAPTER 14, ARTICLE I, TO ESTABLISH
A NUISANCE ABATEMENT PROGRAM; PROVIDING
FOR THE CREATION OF A SPECIAL NUISANCE
ABATEMENT TRUST FUND; PROVIDING FOR
DEFINITIONS; PROVIDING FOR SUPPLEMENTAL
MEANS FOR ENFORCEMENT; PROVIDING FOR
POWERS AND DUTIES OF A NUISANCE INSPECTOR;
PROVIDING FOR ENFORCEMENT PROCEDURE;
COMPLIANCE REQUIREMENTS, PENALTIES,
ATTORNEY'S FEES, REMEDIAL MEASURES AND
IMPOSITION OF A SPECIAL ASSESSMENT AND LIENS
TO RECOVER COSTS; PROVIDING FOR ADOPTION
OF REPRESENTATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the number of foreclosed and abandoned properties in the City of
Opa-Locka ('City") is causing a blight upon City neighborhoods, a decline in the value
of properties and unsafe living conditions; and
WHEREAS, the City Commission of the City of Opa-Locka ("City Commission")
finds that many of the conditions with regard to foreclosed and abandoned properties
are public nuisances; and
WHEREAS, abatement of such public nuisances by the City is a municipal
service within the City's power to regulate, restrain, and abate activities or conditions
which are dangerous to the public, health, safety and welfare; and
WHEREAS, the City Commission believes that the implementation of a nuisance
abatement program is necessary to combat these conditions; and
Ordinance No. 2022-21
WHEREAS, abatement of a public nuisance specifically benefits the property
upon which the nuisance is abated; and
WHEREAS, the City Commission finds that the properties so benefited by the
abatement of a public nuisance should be responsible for the cost of said abatement;
and
WHEREAS, the cost of abatement may be imposed upon the improved property
as a special assessment equal in dignity to taxes and prior to all other liens, and said
special assessment may be collected by any manner authorized by law; and
WHEREAS, the City desires to establish a nuisance abatement program which
includes a mechanism to specially assess those properties which are benefited by the
City's abatement of a public nuisance and allow for the recovery of costs for such
abatement; and
WHEREAS, the City further desires to repeal and replace Chapter 14, Article I, to
create new sections and establish a nuisance abatement program; and
WHEREAS, the City Commission has determined that the creation of a nuisance
abatement program is in the best interests of the residents of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
Section 1. Adoption of Representations.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true, and the same are hereby made a specific part of this Ordinance.
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ARTICLE I. GENERAL PROVISIONS
Section 14-1. Authority.
The City of Opa-Locka ("City"), acting through the City Commission and/or its
designee(s), shall have authority pursuant to home rule and police powers under
Article VIII, Section 2, of the Florida Constitution to determine and declare the existence
of a public nuisance and shall have the authority to provide for the abatement of same.
Abatement of such nuisances constitutes a municipal service, which specifically benefits
the property upon which the nuisance is abated and all costs incurred by the city in
abating such nuisances shall be levied as a special assessment pursuant to Section
170.201, Florida Statutes, and all other applicable laws.
Section 14-2. Findings.
The City Commission finds that conditions exist within the City of Opa-Locka,
which violate public rights, subvert public order, decency, or morals, or cause
inconvenience or damage to the public generally. Specifically, the accumulation of
underbrush, weeds, rubbish, trash, and grass on improved property; the existence of
unsafe dwellings and other structures on improved property; and the creation of pools,
ponds, other bodies of water, or conditions which endanger the public health, welfare,
property value, or safety of the community, has become an ever-increasing menace in
the City and constitutes a nuisance. It shall be unlawful for any person or entity to
create a nuisance, or suffer or permit a nuisance to exist, upon property, which is under
his, her, or its care, custody or control.
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The City acting at the direction of the City Commission shall have the authority
to and shall take steps to ensure the abatement of public nuisances in the most
aggressive manner provided by the City of Opa-Locka Code of Ordinances or state law.
The abatement of such nuisances protects the public health, safety and welfare,
enhances the value of the property, involves the furnishing of vital municipal services,
and specifically benefits the property on which the nuisance is abated. The cost of any
abatement, including administrative fees and costs, shall constitute a special assessment
upon the benefited property.
The creation or maintenance of a nuisance is prohibited and the City further
finds:
(a) It shall be unlawful to create, maintain, or cause or permit to be maintained a
nuisance in the City. Owners and tenants of lots, buildings, parcels and tracts of land
within the city shall keep their property in a safe, clean, and sanitary condition, free
from all surplus grass, weeds, rubbish, trash, parked or stored, junked, partially
dismantled or abandoned motor or other vehicle or machinery, open storage, debris,
dead trees, unsightly or unsanitary matter, all species of weeds or plant growth which
are obnoxious or detrimental to the public health and all sources and breeding places
of insects and vermin, rodents or other infestation; nor shall they permit or maintain
unsanitary and unsightly conditions or nuisances relating to the housing, care and
maintenance of domestic animals or pets. In addition, all exterior property shall be
kept free from health, fire and accident hazards and shall be maintained and repaired,
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free from materials, objects, open storage and conditions which shall be unsightly,
unsanitary or dangerous. It shall be the duty of all owners and tenants likewise, to fill
in all excavations and depressions and remove all containers or objects from the
exterior areas of their property which create a health, accident or fire hazard whether
or not said areas are used for human habitation. Violation of the provision of this
section shall constitute a misdemeanor and punishment therefor shall be in addition
to and independent of remedies provided by this chapter. It shall be the duty of all
owners and/or occupants of improved or unimproved property to maintain in good
condition the nonpaved area abutting the street curb or edge of the paved road known
as the swale area. Maintenance of the swale area shall include keeping the area free of
holes, hidden dangers or other obstructions and the grass or weeds at a height of no
more than twelve (12) inches.
(b) In addition to the foregoing prohibition and duties, a nuisance shall include, but
not be limited to, the following:
(1) The existence of excessive or unattended growth of weeds, undergrowth or other
dead or living plant life and the accumulation, storage and maintenance of garbage,
trash, debris, junk, rubbish, discardable materials and fill, refuse and industrial waste,
any parked or stored, junked, partially dismantled or abandoned motor or other
vehicle or machinery, or any debris on any lot, tract or parcel of land, improved or
unimproved, within the city to the extent and in the manner that such lot, tract or
parcel of land is or may reasonably become infested or inhabited by rodents, vermin
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or wild animals, or may furnish a breeding place for mosquitoes, or threatens or
endangers the public health, safety or welfare, or may reasonably cause disease, or
adversely affects and impairs the economic welfare of adjacent property, or persons
who may be in close proximity thereto; and
(2) The accumulation of trash and garbage and the accumulation or storage and
maintenance of junk or trash, except for compost piles, in violation of any provision of
the Code of Ordinances of the City or of Miami -Dade County is prohibited and
declared to be a nuisance.
Section 14-3. Establishment of Public Nuisance Abatement Program.
There is hereby established a City of Opa-Locka Nuisance Abatement Program
for the purpose of abating the public nuisances as defined herein. The owner of any
property located within the City of Opa-Locka who creates, suffers, or permits a
nuisance to exist upon his or her property, shall be responsible for abating the nuisance
and, if the owner fails to abate the nuisance in accordance with the notice given
pursuant to this Ordinance, the City may abate the nuisance and the City shall be
reimbursed for the costs associated with the abatement pursuant to the provisions of
this Ordinance for the recovery of those costs.
Section 14-4. Establishment of Public Nuisance Abatement Program Trust Fund.
There is hereby established an interest -bearing public nuisance abatement
program trust fund for the deposit, maintenance, and distribution of any assessment
funds collected or expended as a result of the public nuisance abatement program. The
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assessment imposed on a benefited property and collected by the City shall include the
actual cost of abating the nuisance, the cost of serving notice, the cost of obtaining title
information, the cost of lien recordation, the cost of inspections, and all other
specifically related costs. Any funds in the trust fund may be used to abate public
nuisances on property to which title is not clear, abate nuisances on government
property, which may not be assessed, or for other purposes directly related to the
abatement of nuisances.
Section 14-5. Definitions.
As used in this Ordinance the following terms shall have the meanings
respectively ascribed to them in this section:
Nuisance shall mean any of the following:
(1) Any public nuisance known at common law or in equity jurisprudence or as
provided by the statutes of the State of Florida and ordinances of the City of Opa-Locka,
including this Ordinance.
(2) Any accumulation of rubbish, trash, refuse, junk, and other abandoned materials,
metals, lumber, parked or stored, junked, partially dismantled or abandoned motor or
other vehicle or machinery, debris, unsightly or unsanitary matter, or other things,
which based upon the facts and circumstances the accumulation has become a public
nuisance, in fact.
(3) The existence of excessive accumulation or untended growth of any and all species
weeds, grass, undergrowth, brush, or other dead or living plant and/or tree life upon
an improved lot, tract or parcel of land, within 100 feet of any improved property
within the City of Opa-Locka to the extent and in the manner that such improved lot,
tract or parcel of land is or may reasonably become infested or inhabited with rodents,
vermin, wild animals, or snakes; or may become a breeding place for mosquitoes,
insects and vermin, rodents or other infestation or other things; may pose a fire hazard;
are obnoxious or detrimental to the public health, threaten or endanger the public
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health and welfare; pose an attractive nuisance for children; may reasonably cause
disease; or adversely affect and impair the economic welfare of any adjacent property.
(4) Any "attractive nuisance" or condition which may prove detrimental to the health
and safety of children, whether on an improved or unimproved lot, tract or parcel of
land including, but not limited to, abandoned wells, shafts, excavations, abandoned
appliances, abandoned or inoperable motor vehicles, and any structurally unsound
fences or structure, lumber, trash, debris, or vegetation such as poison ivy, oak, or
sumac, which may prove a hazard for inquisitive minors.
(5) Any unfit, unsanitary, abandoned, or unsafe dwelling, structure, or improvement
upon real property.
(6) Any underbrush, weeds, or untended grass which exceeds two feet in height
located on improved property.
(7) The carcasses of animals or fowl not disposed of within a reasonable time after
death.
(8) The pollution of any public well or cistern, stream, lake, canal or body of water by
sewage, dead animals, industrial wastes, or other substances.
(9) Any building, structure or other place or location where any activity in violation of
local, state, or federal law is conducted, performed, or maintained, and which under the
facts and circumstances surrounding the activity constitutes a public nuisance, in fact.
(10) Any accumulation of stagnant water or sewage permitted or maintained on any
improved lot, premises, or piece of ground.
(11) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.
(12) Unsheltered storage for a period of 30 days or more within the corporate limits of
the City of Opa-Locka (except in licensed junkyards) of old and unused stripped junk
and other automobiles not in good and safe operating condition; and of any other
vehicles, machinery, implements, or equipment or personal property of any kind which
is no longer safely usable for the purposes for which it was manufactured, is hereby
declared to be a nuisance and a danger to public health, safety and welfare.
(13) For the purpose of this section, the term "nuisance" shall also include any
condition or use of premises or of building exteriors which is detrimental to the
property of others or which causes or tends to cause substantial diminution in the value
of other property in the neighborhood in which the premises are located.
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(14) Such other acts or conditions which are determined and declared by other
ordinances or by resolution of city commission to be or constitute public nuisances.
Nuisance inspector shall mean the City Administrator or the designee of the City
Administrator.
Refuse shall mean leavings, dregs, rubbish, trash or waste material.
Special Magistrate shall mean the special magistrate appointed as needed by the City
Commission of the City of Opa-Locka, upon a procurement process or recommendation
of the City Attorney and City Administrator. Special magistrate shall be active or
retired members of the Florida Bar with at least five (5) years of experience. Special
magistrate shall not be city employees but may be compensated at a rate to be
determined by the City Administrator, subject to approval by the City Commission.
Underbrush shall mean any undergrowth or brush conducive to the collection of insects
and rodents, which may be or may become a fire hazard, or may negatively impact
adjoining property.
Unfit or unsafe dwelling or structure shall mean any dwellings or structure or portions
thereof and accessory buildings which are structurally unsafe, unstable, or unsanitary;
inadequately provided with exit facilities; constitute a fire hazard; unsuitable or
improper for the use or occupancy to which they are put; constitute a hazard to health
or safety because of inadequate maintenance, dilapidation, obsolescence or
abandonment; dangerous to life or property of the occupant thereof or of the
surrounding areas; unfit for human habitation if so intended or used; or otherwise in
violation of the housing, building, electrical, plumbing, mechanical, sanitation and fire
codes of the city.
Weeds shall mean any plants that are useless, invasive, or injurious to crops, grasses,
landscaping scrubs, trees, or flowers.
Section 14-6. Nuisance Abatement Program: Supplemental Means of
Enforcement.
(a) Pursuant to Section F.S. §§ 162.13 and 166.0415(7), the nuisance abatement
program is a supplemental means of enforcing city codes and ordinances. A public
nuisance also constitutes a code violation and the City is not limited to a choice of
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remedy to ensure compliance with its codes. Code enforcement proceedings are
punitive and involve fines levied against the subject property, which may be collected
pursuant to F.S. § 162.09. In contrast, nuisance abatement pursuant to this Ordinance is
remedial in nature and specifically designed to immediately, or as soon as practicable,
bring the property into compliance, thereby protecting the public welfare and directly
improving and benefiting the property upon which the nuisance is abated.
(b) In addition to nuisance abatement proceedings, the City may institute code
enforcement proceedings against a property for an occurrence of a violation. However,
once the subject violation/nuisance is abated, that occurrence of the code violation has
ceased and no further code enforcement penalties may accrue for that specific
occurrence.
(c) Repeat nuisance violations. Following the first notice under this Ordinance to
abate a nuisance as described herein, any subsequent violation of the same nuisance
classification(s) on the same property within a twelve (12) month period may be abated
by the City without further notice so long as the initial notice and order of abatement
specifically provides for such subsequent abatement therein. All costs of abating the
repeat nuisance, including administrative fees and costs shall constitute a special
assessment against said property.
Section 14-7 Powers and Duties of the Nuisance Inspector.
(a) The nuisance inspector (i.e. code enforcement personnel) shall be charged
with the duty of administering the applicable standards and reporting non-compliance
therewith and in furtherance of this responsibility, the nuisance inspector shall make
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such inspections, compile such facts and evidence, and prepare such reports as may be
necessary to effectuate the purposes and intent of this Ordinance. The nuisance
inspector's findings, evidence and reports shall be promptly forwarded to the City
Attorney's office for review.
(b) The nuisance inspector is hereby authorized to enter upon private property
in order to enforce the provisions of this Ordinance and shall be immune from all civil
and criminal liability while under the discharge of duties imposed herein. When
necessary to obtain such entry, the nuisance inspector may institute appropriate
proceedings to obtain a warrant.
(c) In the case of an obvious unfit and unsafe dwelling, structure, or other
condition which after inspection is determined to be uninhabited, the nuisance
inspector shall cause to be posted a "No Trespassing" sign in an attempt to warn third
parties who might be exposed to the risk of danger created by the unsafe condition.
However, the City of Opa-Locka does not assume any liability for harm to third parties
caused by the unfit and unsafe dwelling, structure, or condition under any
circumstances.
Section 14-8. NUISANCE ABATEMENT PROCEDURE
Publication of Annual Notice.
The City Commission shall cause to be published in a newspaper regularly
published and in general circulation within the City, once a week for two (2)
consecutive weeks during the month of October each year hereafter, a notice reading
substantially as follows:
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"ATTENTION OWNERS, AGENTS, CUSTODIANS, LESSEES AND
OCCUPANTS OF REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF
OPA-LOCKA:
You are hereby notified that you are required by law to cut and prevent the
excessive accumulation of weeds, underbrush, grass or other dead and living plant life
upon your improved property; to remove any trash, debris, refuse, inoperable or
abandoned vehicles or appliances, or other nocuous matter located on any property
owned, controlled or occupied by you in the City of Opa-Locka; and also to repair,
restore or demolish any unfit or unsafe structure located upon such property; and that
upon your failure to do so, the City of Opa-Locka will institute nuisance abatement
proceedings against your property and cause such nuisance to be abated. The cost of
such abatement will constitute a special assessment lien against the property on which
the nuisance is located. Such special assessment lien shall be coequal with the lien of all
state, county, district, and municipal taxes and superior in dignity to mortgages and all
other liens, irrespective of the date of the recording of the municipal lien or the date of
the recording of any mortgage or any other lien on real property. A failure to pay said
lien, even such lien upon homestead property, may result in a loss of title to your
property."
A failure to publish this notice as provided for herein shall not invalidate any
nuisance abatement proceedings brought pursuant to this Ordinance.
Section 14-9. Nuisance Abatement Enforcement Procedure.
(a) If the nuisance inspector determines that a nuisance as defined in this
Ordinance exists on a parcel of property, the nuisance inspector shall notify the owner
and give him or her a reasonable time to correct the nuisance. Should the nuisance
continue beyond the time specified for correction, the nuisance inspector shall schedule
a hearing before the special magistrate.
(b) Notice of the hearing before the special magistrate shall:
(1) Identify the property at issue;
(2) Identify the owner or owners of the property as ascertained by a reasonable
search of the property appraiser's records or search of the public records;
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(3) Describe the condition or activity which may constitute a public nuisance;
(4) Set the date, time, and place for the hearing before the special magistrate at
which the owner(s) shall have the opportunity to present such evidence and or
argument to the special magistrate as to why said building, structure or
condition should not be considered a nuisance and its abatement, removal, or
destruction required;
(5) Include a statement providing that a failure to respond or appear at the
hearing shall be deemed an admission of the existence of a public nuisance on
the property at issue which may result in abatement of the nuisance by the City
and levy of an assessment against the property pursuant to this Ordinance.
(c) Notice of such hearing shall be made by serving a certified copy of said
notice upon the owner if the owner is able to be located within the City by the Chief
Law Enforcement Officer or his designee, or a process server in the manner as near as
practicable to the manner in which a summons is served as provided by the laws of the
State of Florida. In the event that it is determined that the owner is not available for
service within the City, service shall be perfected by at least one of the following:
(1) Mailing, via registered or certified mail, a certified copy of the notice at least
ten (10) days prior to the date of the hearing, to the owner(s) and mortgagee(s) of
record; or
(2) Publication of the Notice. Such notice shall be published once for four (4)
consecutive weeks (four publications being sufficient) in a newspaper of general
circulation in Miami -Dade County. The last date of publication shall be at least
one day prior to the hearing. The newspaper shall meet such requirements as are
prescribed under F.S. Ch. 50 for legal and official advertisements; or
(3) If the property is in foreclosure proceedings and has been abandoned by the
owner(s) as evidenced by the property being vacant and the owner has not
provided a forwarding address nor is participating in the foreclosure
proceedings by filing an answer or has otherwise been unable to be served;
service by certified mail to the owner(s) last address of record and service upon
the bank or mortgage company of record in the foreclosure proceedings by
certified mail shall be deemed sufficient notice.
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Section 14-10 Order of Abatement.
(a) The hearing before the special magistrate shall be an evidentiary hearing. At
or after such hearing, if no evidence is presented to the contrary, the special magistrate
shall issue an order of abatement affirming the existence or the nuisance and requiring
the owner of the property to abate the nuisance condition(s) within a reasonable time to
be determined by the special magistrate in the order and provide for abatement of the
nuisance by City forces, if such conditions are not corrected as of the time determined
by the special magistrate.
(b) The special magistrate may require any or all measures as are reasonably
necessary to abate the nuisance. These measures may include, but are not necessarily
limited to, the cutting of vegetation, removal of debris or abandoned materials, repair or
maintenance of structures, and/or the demolition of unfit or unsafe structures.
(c) At minimum, the order of abatement shall:
(1) Identify the property;
(2) Identify the owner or owners of the property and any interested parties
upon whom noticed was served;
(3) Set forth the conditions supporting the finding of a public nuisance and/or
specify the sections of this Ordinance upon which the finding of a public
nuisance was based;
(4) Require the abatement of the nuisance within such time as the special
magistrate determines to be reasonable considering the nature of the nuisance,
the danger to the public, and the amount of work involved to abate the nuisance.
(5) Include a statement advising that upon the owner's failure to comply with
the order of abatement by removing the nuisance, the City may vacate, demolish,
or remove, or otherwise abate the nuisance in accordance with the order of
abatement and the expense of such performance by the City or its independent
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contractor shall be charged against the real property as a special assessment and
such special assessment lien shall be coequal with the lien of all state, county,
district, and municipal taxes and superior in dignity to mortgages and all other
liens, irrespective of the date of the recording of the municipal lien or the date of
the recording of any mortgage or any other lien or real property. A failure to pay
said lien, even such lien upon homestead property, may be collected pursuant to
any manner specified by law and may result in a loss of title to the property.
(d) The order may include notice that any reoccurrence of the nuisance within a
twelve (12) month period may be abated by the City without the need for further
proceedings and the cost to abate the repeat nuisance shall constitute a special
assessment against the property.
Section 14-11. Extension of Time to Comply.
In the event of extenuating circumstances such that the property owner is unable
to complete abatement within the time provided within the order, the owner may file a
written request before the special magistrate for an extension of time to comply stating
the reasons the owner has been unable to complete compliance. If reasonable grounds
are shown, the special magistrate is authorized to extend the time in which to complete
compliance with the original order.
Section 14-12 Failure to Comply.
If the owner or other parties in interest fail to comply with an order made
pursuant to the provisions of this Ordinance within the specified time, the City is
authorized to vacate, demolish, remove, or otherwise abate the nuisance in accordance
with such order, either with City forces or by an independent contractor and neither
shall be held liable for trespass, conversion, or other damages while abating the
nuisance in a reasonable manner.
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Section 14-13 Emergency Order.
Whenever the City Commission determines that any nuisance in violation of this
Ordinance is an immediate threat to life, limb, health, welfare, or property, the City
Commission may issue an emergency order and immediately terminate or abate the
nuisance.
Section 15. Appeals.
Any person aggrieved by any order entered under this Ordinance may file an
appeal to the Circuit Court of Miami -Dade County. Such appeal shall not be a hearing
de novo but shall be limited to appellate review of the record created before special
magistrate. The appeal shall be filed within thirty (30) days of the rendition of the final
order to be appealed.
Section 16. Attorney's Fees.
The prevailing party in any legal action, appeal, or proceeding instituted to
contest any City Commission or nuisance abatement order or action pursuant to this
Ordinance shall be entitled to reasonable attorneys' fees and costs.
Section 14-14. Assessment of Costs.
(a) The City Commission shall assess the entire cost of abatement action by the
City upon the affected property as a special assessment, and such assessment, when
made, shall constitute a lien upon such property by the City. The lien of the City shall
encompass, in addition to the abatement cost for the vacation or removal of the facility,
all administrative, legal, postal and publication expenses, as well as all other direct or
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indirect costs associated therewith. The lien upon the property shall be superior to all
others except taxes as previously set forth herein.
(b) The City shall file such lien in the Official Records of Miami -Dade County
showing the nature of such lien, the amount thereof, an accurate legal description of the
property, including the street address, which lien shall date from the date of the filing
and recite the owners of the property. Such municipal lien shall bear interest from such
date at the rate of eight (8%) percent per annum. However, the assessment may be paid
without interest at any time within thirty (30) days after the improvement is completed.
The City may enforce the lien upon the real property of the owner, as provided for in
F.S. Ch. 173, as amended from time to time.
(c) In the alternative, the city may collect all such liens assessed pursuant to
Section 197.3632, Florida Statutes, as authorized pursuant to F.S. § 197.3632(9).
Section 2. Conflict & Repealer.
All ordinances and parts of ordinances in conflict with this ordinance are hereby
repealed.
Section 3. Severability.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be
severable.
Section 4. Inclusion In Code.
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It is the intention of the City Commission of the City of Opa-Locka that the
provisions of this Ordinance shall at some time in the future become and be made a part
of the Code of Ordinances of the City of Opa-Locka and that the sections of this
Ordinance may be renumbered or re -lettered and the word "Ordinance" may be
changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the
use of which shall accomplish the intentions herein expressed; provided, however, that
Section 1 hereof or the provisions contemplated thereby shall not be codified.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon final passage and adoption.
PASSED FIRST READING this 14th day of November, 2022.
PASSED SECOND READING this 14th day of December, 2022.
ATTE
we
oanna Flores, City Clerk
op WO 5,
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette Norr
City Attorney
Weeks, P.A.
John '` . aylor Jr., Mayor
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Ordinance No. 2022-21
Moved by: Commissioner Williams
Seconded by: Commissioner Bass
VOTE: 5-0
Commissioner Bass YES
Commissioner Davis YES
Commissioner Dominguez YES
Vice -Mayor Taylor YES
Mayor Williams YES
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NUISANCE ABATEMENT PROGRAM PROCEDURES
1. Nuisance Inspector finds a nuisance as defined in the ordinance and gives owner
reasonable time to correct the nuisance.
2. If the nuisance continues beyond the time specified for correction, the Nuisance
Inspector shall schedule a hearing before the Special Master.
3. Written notice of the hearing shall be hand delivered or mailed in the same
manner as provided for in Section 162.12, F.S. Notice may additionally be
served by publication or posting in the same manner as provided for in Section
162.12, F.S. If the property is in foreclosure service to owner's last known
address and service upon the bank or mortgagee of record by certified mail.
4. The Order of Abatement shall include findings of fact and conclusions of law
based upon competent substantial evidence. If the special master finds that a
nuisance exists, the Special Master shall issue an order of abatement affirming
the existence or the nuisance and requiring the owner of the property to abate
the nuisance condition(s) within a reasonable time to be determined by the
special master in the order and provide for abatement of the nuisance by city
forces if such conditions are not corrected as of the time determined by the
special master. The order of abatement shall include a statement advising that
upon the owner's failure to comply with the order, the City may take the
necessary steps to abate the nuisance in accordance with the order of
abatement.
5. If the property owner fails to comply with the Order of Abatement, the City will
take the necessary steps to abate the nuisance.
6. The City Commission shall assess the entire cost of City abatement action upon
the affected property as a special assessment, which assessment, when made,
shall constitute a lien upon such property by the City. The lien of the City shall
encompass, in addition to the abatement cost, all administrative, legal, postal and
publication expenses, as well as all other direct or indirect costs associated
therewith. The lien upon the property shall be superior to all others except taxes
as previously set forth herein.
7. The City shall file such lien in the Official Records of Miami -Dade County
showing the nature of such lien, the amount thereof, an accurate legal
description of the property, including the street address, which lien shall date
from the date of the filing and recite the owners of the property. Such municipal
lien shall bear interest from such date at the rate of eight percent per annum.
However, the assessment may be paid without interest at any time within 30
days after the improvement is completed. The City may enforce the lien upon the
real property of the owner, as provided for in Chapter 173, Florida Statutes as
amended from time to time.
8. If the City wishes to collect the cost of the abatement action through the non -ad
valorem assessment process, the following procedures and time frames must be
met.
9. If the City chooses the non -ad valorem process any lien which has been filed will
be released prior to the adoption of the non -ad valorem assessment roll.
COLLECTING NON -AD VALOREM ASSESSMENTS
1. Pursuant to Section 197.3632(3)(a), F.S., the City shall hold a public hearing
prior to January 1st and adopt a resolution indicating the City's intent to use the
uniform method of collecting non -ad valorem assessments for the cost of
nuisance abatement services. The resolution shall state the need for the levy
and shall include a legal description of the real property subject to the levy.
Exhibit A
2. The City must publish notice of its intent to use the uniform method in a
newspaper of general circulation for 4 consecutive weeks preceding the public
hearing. Same type of notice as used for any other non -ad valorem assessment.
3. Pursuant to Section 197.3632(4)(b), F.S., the City must send a notice to the
property owner 20 days prior to the public hearing at which the City Commission
will adopt the non -ad valorem assessment roll. Exhibit B
4. Pursuant to Section 197.3632(4)(b), F.S., the City must notice the hearing by a
newspaper ad for assessment roll public hearing at least 20 days prior to the
public hearing. Exhibit C
5. Pursuant to Section 197.3632(4)(a), F.S., the City must adopt the non -ad
valorem assessment roll between January 1st and September 15th. Exhibit D