HomeMy Public PortalAbout09-13 Amending Section 7-65 Entitled Dangerous or Substandard Structures 1st Reading: 0 5/2 7/2 0._n
2°d Reading:0 6/1 0/2 0 0 9
Public Hearing: 0 6/1 0/20 0 9
Adopted: 0 6/1 0/2 0 0 9
Effective Date: 0 6/1 0/20 0 9
Sponsor: City Manager
ORDINANCE NO. 0 9-1 3
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OPA-LOCKA, FLORIDA; AMENDING CHAPTER 7,
ARTICLE V, OF THE OPA-LOCKA CODE OF
ORDINANCES ENTITLED "DANGEROUS OR
SUBSTANDARD STRUCTURES" BY AMENDING
SECTION 7-65 ENTITLED "DEFINED" AND PROVIDING
FOR DEFINITION OF BLIGHTED STRUCTURES";
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, municipalities may enact reasonable regulations to promote the health,
safety and welfare of citizens; and
WHEREAS, the City Commission of the City of Opa-locka ("City Commission") desires
to amend Chapter 7, Article V of the City of Opa-locka Code of Ordinances entitled "Dangerous
or Substandard Structures", by specifically amending Section 7-65 entitled "Defined" relating to
definitions and adding a definition for"Blighted Structures"; and
WHEREAS, the City Commission has determined that it will be in the best interest of
the City of Opa-locka ("City") to specifically amend Section 7-65 entitled "Defined" relating to
definitions and adding a definition for"Blighted Structures".
THE COMMISSION OF THE CITY OF OPA-LOCKA HEREBY ORDAINS:
Section 1. The recitals to the preamble herein are incorporated by reference.
Ordinance No. 0 9-1 3
Section 2. The City Commission of the City of Opa-locka hereby amends Chapter 7,
Article V Section 7-65 entitled "Defined" relating to definitions and adding a definition for
"Blighted Structures" as set forth herein:
Sec. 7-65. Defined.
(1) Buildings or structures shall be deemed dangerous by the building official in
compliance with the provisions of the South Florida Building Code.
(2) Blighted Structures. A structure shall be deemed "blighted" and subject to
demolition when:
(a) It is visited by persons for the purpose of unlawfully procuring or using any
controlled substance, as defined under Chapter 893 of the Florida Statutes, or any
drugs, as defined in Chapter 499 of the Florida Statutes; or
(b) It is used for the illegal keeping, selling or delivering of such controlled
substances or drugs; and
(c) The structure is found to have one (1) or more of the following characteristics:
(i) It is vacant, unguarded and open at doors or windows,
(ii) There is an unwarranted accumulation of debris or other combustible material
therein,
(iii) The structure's condition creates hazards with respect to means of egress and
fire protection as provided for the particular occupancy,
(iv) There is a falling away, hanging loose or loosening of any siding, block,
brick, or other building material,
(v) There is deterioration of the structure or structural parts
(vi) The structure is partially destroyed,
(vii) There is an unusual sagging or leaning out of plumb of the structure or any
parts of the structure and such effect is caused by deterioration or overstressing,
(viii) The electrical or mechanical installations or systems create a hazardous
condition, or
(ix) An unsanitary condition exists by reason of inadequate or malfunctioning
sanitary facilities or waste disposal systems.
A structure shall be presumed to be utilized for the purpose set forth in (2)(a) or
(b) above when there are one (1) or more arrests or police reports of incidents
which involve the keeping, consumption, or delivery of controlled substances or
drugs on the premises of the subject structure during the period of six (6) months
preceding the posting of notice by the Minimum Housing Enforcement Officer. In
the administration of the demolition activity outlined herein and when the code
above does not meet the required standard for demolition the City will use Section
8-5 of the Miami-Dade County code for"unsafe structures" and it is as follows:
(2) Buildings or structures that are, or hereafter shall become, unsafe, unsanitary
or deficient, facilities with inadequate means of egress, or which constitute a fire
or windstorm hazard, or are otherwise dangerous to human life or public welfare
by reason of illegal or improper use, occupancy or maintenance, or which have
been substantially damaged by the elements, acts of God, fire, explosion or
•
Ordinance No. 0 9_1 3
otherwise, shall be deemed unsafe structures and a permit shall be obtained to
demolish the structure or where specifically allowed by this section, to bring the
building into compliance with the applicable codes as provided herein.
(3) Incomplete buildings commenced without a permit or for which the permit has
expired, or completed buildings commenced without a permit or for which the
permit has expired, prior to completion and no Certificate of Occupancy has been
issued, shall be presumed and deemed unsafe and a permit shall be obtained to
demolish the structure or bring the building into compliance with the applicable
codes as provided herein.
(4) Buildings which meet the physical criteria of unsafe structures set forth in this
section, and are ordered to be repaired by the Building Official, an Unsafe
Structures Appeal Panel or the Unsafe Structures Board, in the manner more
particularly set forth below, which are not completed or repaired and brought into
full compliance with the Building Code within the reasonable time allowed by the
Building Official or the Unsafe Structures Board, will be demolished.
(5) Swimming pools that contain stagnant water are deemed unsanitary and
dangerous to human life and public welfare. If the stagnant water is not removed
and all repairs made and brought into full compliance with the Building Code
within the reasonable time allowed by the Building Official, then these swimming
pools will be demolished.
(6)Physical criteria.
(a) A building shall be deemed a fire hazard and/or unsafe when:
(i) It is vacant, unguarded and open at doors or windows.
(ii) There is an accumulation of debris or other material therein representing a
hazard of combustion.
(iii) The building condition creates hazards with respect to means of egress and
fire protection as provided herein for the particular Occupancy.
(b) A building, or part thereof, shall be presumed to be unsafe if:
(i) There is a falling away, hanging loose or loosening of any siding, block, brick,
or other building material.
(ii)There is a deterioration of the structure or structural parts.
(iii) The building is partially destroyed.
(iv) There is an unusual sagging or leaning out of plumb of the building or any
parts of the building and such effect is caused by deterioration or over-stressing.
(v) The electrical or mechanical installations or systems create a hazardous
condition contrary to the standards of the Building Code.
(vi) An unsanitary condition exists by reason of inadequate or malfunctioning
sanitary facilities or waste disposal systems.
(vii) By reasons of use or occupancy the area, height, type of construction, fire
resistance, means of 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.
Ordinance No. 09-1 3
(c) A building, or part thereof, shall be presumed to be unsafe if:
(i) The construction, installation of electrical, plumbing or other equipment
therein or thereon, or the partial construction or installation of electrical,
plumbing or other equipment has been commenced or completed without a permit
therefore having been obtained or where the permit has expired prior to
completion and the issuance of a Certificate of Occupancy or Certificate of
Completion.
(ii) The construction, installation of electrical, plumbing or other equipment
therein or thereon, or the partial construction or installation of electrical,
plumbing or other equipment has not been completed.
(iii) The building or structure is vacant and abandoned, and covered at doors or
windows with materials not previously approved by the Building Official or for a
period exceeding the maximum limitations set forth in this Section.
(iv) By reason of illegal or improper use, occupancy or maintenance does not
comply with the Building Code, or the code in effect at the time of construction.
(v) The building or part thereof meets the physical criteria of an unsafe structure
set forth above and has not been repaired and brought into compliance with the
Building Code following the expiration of the reasonable periods allowed by the
Building Official, an Unsafe Structures Appeal Panel or the Unsafe Structures
Board for such repairs.
Section 3. All ordinances or Code provisions in conflict herewith are hereby
repealed.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 5. This Ordinance shall, upon adoption, become effective as specified by the
City of Opa-locka Code of Ordinances and the City of Opa-locka Charter.
PASSED AND ADOPTED this 10 day of JUNE , 2009.
I PH L. ► EY
MAYOR
Ordinance No. 0 9-1 3
Attest: Approved as to form and legal sufficiency:
f
De.orah S. Jr y Burnadette Norris-Weeks
City Clerk City Attorney
Moved by: JOHNSON
Seconded by: HOLMES
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: NOT PRESENT
Mayor Kelley: YES
O�OpP-LO ;\
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OAAORPTE/
Memorandum
TO: Mayor Joseph L. Kelley
Vice-Mayor Myra L. Taylor
Commissioner Timothy Holmes
Commissioner Dorothy Johnson
Commissioner Rose Tydus
FROM: Bryan K. Finnie, Interim •
DATE: May 19, 2009
RE: Adoption of Miami-Dade County Code of Ordinance
Request: TO BE ADDED BY CITY ATTORNEY'S OFFICE
Description: On April 22nd, Miami-Dade County's Office of Community & Economic
Development (OCED) released, via letter, guidelines for municipalities to apply for funding from
the United States Department of Housing & Urban Development's (US HUD) Neighborhood
Stabilization Program (NSP) for the demolition of blighted structures within designated "highest"
and "high" priority areas. In order to qualify, the City of Opa-locka must adopt the County's
definition of a "blighted structure" prior to the June 30th submission deadline.
Financial Impact: This Item may have a positive impact. Miami-Dade County has allocated
$1,000,000 towards demolition of"highest" & "high" priority areas countywide.
Implementation Time Line: Immediately
Legislative History: None
Recommendation(s): Staff recommends approval.
Analysis: This recommendation is based on OCED's April 22nd letter and map of"highest" &
"high" priority areas. Portions of the City have been designated by OCED as "highest" & "high"
priorities for NSP funding. If approved, the City will be able to competitively apply for blighted
structures to be demolished by the County.
ATTACHMENT(S):
1. Ordinance
2. Miami-Dade County OCED Letter Dated April 22nd
3. Copy of Miami-Dade County's Definition of"Blighted Structure"
4. Map of"Highest" & "High"Priority Areas within Opa-locka
PREPARED BY: Donald Manning
END OF MEMORANDUM
Community& Economic Development
701 N.W. 1st Court • 14th Floor
MIAMI•DADE Miami, Florida 33136
tObNIT
T 786-469-2100 F 786-469-2236
miamidade.gov
Carlos Alvarez, Mayor
April 22, 2009
Octavian Spanner, Code EnforcementDirector
City of Opa-Locka
780 Fisherman Street, 4th Floor
Opa-Locka, FL 33054
RE: Neighborhood Stabilization Program
The United States Department of Housing and Urban Development (US HUD) awarded
Miami-Dade County $62,207,200 in Neighborhood Stabilization Program (NSP) funds.
The County's approved NSP Plan and Implementing Order is available for download on
our website at: www.miamidade.gov/ced.
The County has allocated $1,000,000 for the demolition of blighted structures. It is the
desire of the County to assist with eligible demolition activity that may be available in
your city. To see if your community can apply for the funding, I am attaching the section
of the Miami Dade County Code used to define the term "blighted" as you must adopted
this language in order to qualify.
In addition to the required Code adoption, there are designated target areas in which the
demolition can only occur. These areas are shaded in red and orange on the high
resolution maps that are available at www.miamidade.gov/ced. There is a search engine
on our website that can identify the priority areas.
A presentation has been scheduled for May 15, 2009, to discuss our plan and approach, as
well as the Code and how it is applied. Technical assistance will be available to assist you
in adopting the County code by reference. The presentation will be held at the Permitting
& Inspection Center located at 11805 SW 26th Street, Suite 230 from 2pm-4pm. Please
call Miriam Sabeta at 786-469-2248, by May 8 to register, as space is limited.
Prior to the presentation, we would like to know if you are interested in participating in
this activity and whether or not you have identified such structures that may meet the
definition of blighted. According to some preliminary reviews, your municipality has
areas that are designated as highest and/or high priority. If you are interested in this
activity, you will need to provide a list of property(ies) you would like for the County to
consider for demolition. The list must be prioritized from greatest to least importance
and submitted by June 1, 2009. In addition to the list, we will need a copy of the adoption
of the County code referred to in this letter. We need to receive this information no later
than June 30, 2009.
Please provide the requested information to the attention of Clarence Brown. He can be
reached for questions at 786-469-2221 and via email at cdbrown a miamidade.gov.
Thank you for your attention to this process and we hope to see you soon.
Sincerely,
4 ,—
Shalley Jones Horn
Director
c: Peter McDougal, Deputy Director
Clarence D. Brown, NSP Director
Enclosure
C. DEFINITIONS AND DESCRIPTIONS
(1) Definition of"blighted structure" in context of state or local law.
Response:
Miami-Dade County adopts the definition of "uninhabitable structures" as defined in
Section 17B-15 of the Miami-Dade County Code of Ordinances, as the definition of
"blighted structures" for purposes of this NSP Substantial Amendment.' A structure shall
be deemed "blighted"and subject to demolition when:
(a) It is visited by persons for the purpose of unlawfully procuring or using any
controlled substance, as defined under Chapter 893 of the Florida Statutes, or any
drugs, as defined in Chapter 499 of the Florida Statutes; or
(b) It is used for the illegal keeping, selling or delivering of such controlled
substances or drugs; and
(c) The structure is found to have one (1) or more of the following characteristics:
(i) It is vacant, unguarded and open at doors or windows,
(ii) There is an unwarranted accumulation of debris or other combustible
material therein,
(iii) The structure's condition creates hazards with respect to means of egress
and fire protection as provided for the particular occupancy,
(iv) There is a falling away, hanging loose or loosening of any siding, block,
brick, or other building material,
(v) There is deterioration of the structure or structural parts,
(vi) The structure is partially destroyed,
(vii) There is an unusual sagging or leaning out of plumb of the structure or any
parts of the structure and such effect is caused by deterioration or over-
stressing,
(viii) The electrical or mechanical installations or systems create a hazardous
condition, or
(ix) An unsanitary condition exists by reason of inadequate or malfunctioning
sanitary facilities or waste disposal systems.
' The term "blighted structure" does not appear in Section 17B-15 of the Miami-Dade County
Code of Ordinances. However, Chapter 17B (METROPOLITAN MIAMI-DADE COUNTY
DEMOLITION OF UNINHABITABLE STRUCTURES ORDINANCE) was adopted on the
basis of the Board of County Commissioners' legislative findings that "in recent years and at
present an increased number of uninhabitable structures exist, the maintenance of which is often
neglected by the owners thereof. It is furthermore found and declared by this Board that said
structures often become open, unsecured, vandalized, or used for illicit purposes by trespassers,
resulting in conditions that are unhealthy, unsafe, unsightly, and a blight upon the neighborhood
and community at large, and that the demolition of uninhabitable structures will improve the
security and quality of life in general of persons living nearby, will prevent blight and decay,and
will safeguard the public health,safety, morals and welfare."
Miami-Dade County NSP Substantial Amendment
30
A structure shall be presumed to be utilized for the purpose set forth in (1)(a) or(b) above
when there are one (1) or more arrests or police reports of incidents which involve the
keeping, consumption, or delivery of controlled substances or drugs on the premises pf
the subject structure during the period of six (6) months preceding the posting of notice
by the Minimum Housing Enforcement Officer.
In the administration of the demolition activity outlined in this Plan and when the code
above does not meet the required standard for demolition Miami-Dade County will use
the code Section 8.5 for"unsafe structures"and it is as follows:
(2) Buildings or structures that are, or hereafter shall become, unsafe, unsanitary or
deficient, facilities with inadequate means of egress, or which constitute a fire or
windstorm hazard, or are otherwise dangerous to human life or public welfare by
reason of illegal or improper use, occupancy or maintenance, or which have been
substantially damaged by the elements, acts of God, fire, explosion or otherwise,
shall be deemed unsafe structures and a permit shall be obtained to demolish the
structure or where specifically allowed by this section, to bring the building into
compliance with the applicable codes as provided herein.
(3) Incomplete buildings commenced without a permit or for which the permit has
expired, or completed buildings commenced without a permit or for which the
permit has expired, prior to completion and no Certificate of Occupancy has been
issued, shall be presumed and deemed unsafe and a permit shall be obtained to
demolish the structure or bring the building into compliance with the applicable
codes as provided herein.
(4) Buildings which meet the physical criteria of unsafe structures set forth in this
section, and are ordered to be repaired by the Building Official, an Unsafe
• Structures Appeal Panel or the Unsafe Structures Board, in the manner more
particularly set forth below, which are not completed or repaired and brought into
full compliance with the Building Code within the reasonable time allowed by the
Building Official or the Unsafe Structures Board, will be demolished.
(5) Swimming pools that contain stagnant water are deemed unsanitary and
dangerous to human life and public welfare. If the-stagnant water is not removed
and all repairs made and brought into full compliance with the Building Code
within the reasonable time allowed by the Building Official, then these swimming
pools will be demolished.
(6) Buildings or structures subject to the recertification requirements in Section 8-
11(f) of this Code which the owner fails to timely respond to the Notice of
Required Inspection or fails to make all required repairs or modifications found to
be necessary resulting from the recertification inspection by the deadline specified
in the Code or any written extension granted by the Building Official will be
demolished.
(b) Physical criteria.
(I) A building shall be deemed a fire hazard and/or unsafe when:
(i) It is vacant, unguarded and open at doors or windows.
(ii) There is an accumulation of debris or other material therein representing a hazard
of combustion.
Miami-Dade County NSP Substantial Amendment
31
(iii) The building condition creates hazards with respect to means of egress and fire
protection as provided herein for the particular Occupancy.
(2) A building,or part thereof, shall be presumed to be unsafe if:
(i) There is a falling away, hanging loose or loosening of any siding, block, brick, or
other building material.
(ii) There is a deterioration of the structure or structural parts.
(iii) The building is partially destroyed.
(iv) There is an unusual sagging or leaning out of plumb of the building or any parts
of the building and such effect is caused by deterioration or over-stressing.
(v) The electrical or mechanical installations or systems create a hazardous condition
contrary to the standards of the Building Code.
(vi) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary
facilities or waste disposal systems.
(vii) By reasons of use or occupancy the area, height, type of construction, fire-
resistivity, means of 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.
(3) A building, or part thereof, shall be presumed to be unsafe if:
(I) The construction, installation of electrical, plumbing or other equipment therein or
thereon, or the partial construction or installation of electrical, plumbing or other
equipment has been commenced or completed without a permit therefore having
been obtained or where the permit has expired prior to completion and the
issuance of a Certificate of Occupancy or Certificate of Completion.
(ii) The construction, installation of electrical, plumbing or other equipment therein or
thereon, or the partial construction or installation of electrical, plumbing or other
equipment has not been completed.
(iii) The building or structure is vacant and abandoned, and covered at doors or
windows with materials not previously approved by the Building Official, or for a
period exceeding the maximum limitations set forth in this Section.
(iv) By reason of illegal or improper use, occupancy or maintenance does not comply
with the Building Code, or the code in effect at the time of construction.
(v) The building or part thereof meets the physical criteria of an unsafe structure set
forth above and has not been repaired and brought into compliance with the
Building Code following the expiration of the reasonable periods allowed by the
Building Official, an Unsafe Structures Appeal Panel or the Unsafe Structures
Board for such repairs.
(2) Definition of "affordable rents." Note: Grantees may use the definition they
have adopted for their CDBG program but should review their existing definition
to ensure compliance with NSP program —specific requirements such as continued
affordability.
Miami-Dade County NSP Substantial Amendment
32
NSP Priority Rankings of Census Tract Block Groups by Index of Greatest Need
Within Miami-Dade County CDBG Jurisdictional Area
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How to reach us NEIGHBORHOOD NEWS
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Joan Chrissos MAIL-IN ELECTION cide,sexual battery,arson, STATE ORGANIZATION at scholarship @FAPSC.org.
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Editor: Miami Gardens residents In December 2007,the city The Florida Association MIAMI
Andrea Robinson will receive a mail-in ballot began providing its own of Postsecondary Schools
305-376-2022,ext 7106 requesting them to vote to police services when it cre- and Colleges has extended FUNDS MODERNIZE
nceditor @MiamiHerald.com remove the language in the ated its police department. the deadline to apply for POLICE''S S PHOTO O L LAB B
Reporters: city charter that requires the scholarships to Dade Medi- The Miami Police
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Wilma Hernandez A Notice of Special Elec- 15TH ANNIVERSARY scholarships remain avail- The money will be used
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whemandez@MiamiHer- ballot, has been mailed to The South Florida His- Leah campuses.The scholar- memo g
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labora-
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Sclwol News Miami-Dade four municipali- Alton Rd.in Miami Beach Florida high school senior nen for the 2009 fiscal year's
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NOTICE TO THE PUBLIC Present this ad and receive S5 off admission
• .t w� CITY OF OPA-LOCKA, FLORIDA _
NOTICE IS HEREBY GIVEN that at the Regular Commission Meeting on Wednesday,June 10,2009 ate _ "vav"Nil
7:00 p.m.in the Opa-locka Senior Citizens Center,14295 NW 21°Court,Opa-locka,Florida,the City --""11'^� .^ ,.-,-
Commission will consider the following items: -. "ytAt► ---.4.1‘.4,,,.
-jam°`T.v
SECOND READING ORDINANCE/PUBLIC HEARING: ■
is„.....- �t�''i.
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA APPROVING r i�j f v r f
THE DUAL DESIGNATION OF ORIENTAL BOULEVARD FROM NW 1r AVENUE TO NW 3715 AVENUE AS Fern & Exotic Plant
"THE HONORABLE TIMOTHY HOLMES BOULEVARD";PROVIDING FOR REPEAL OF ALL ORDINANCES IN
CONFLICT;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE(first reading held on Show and S a le
May 27,2009). Ct
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA;AMENDING at Fairchild
CHAPTER 7,ARTICLE V, OF THE OPA-LOCKA CODE OF ORDINANCES ENTITLED "DANGEROUS OR
SUBSTANDARD STRUCTURES"BY AMENDING SECTION 7-65 ENTITLED"DEFINED"AND PROVIDING FOR Presented by
DEF1NION OF"BLIGHTED STRUCTURES";PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING The Tropical Fern and Exotic Plant Society
FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE Saturday & Sunda
(first reading held on May 27,2009).Sponsored by C.M. y Sunday
Additional information and/or copies relating to the above items may be obtained in the Office of the City June 6 - 7, 2009
Clerk,780 Fisherman Street,4°Floor,Opa-locka,Florida.All interested persons are encouraged to attend 9:30 - 4:30 p.m. •
this meeting and will be heard with respect to the public hearing.
ADMISSION:Free for Fairchild members and children 5 and P IZ
PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency, under.Non-members:$20 for adults,515 for seniors 65 and up and a
or commission with respect to any matter considered at such meeting or hearing will need a record of the $10 for children 6-17.Present this ad and receive$5 off adult
admissions and$2 off children's admissions.
proceedings,and for that reason,may need to ensure that a verbatim record of the proceedings is made, a
which record includes the testimony and evidence upon which the appeal may be based. FAIRCI'-m.D TROPICAL BOWIE EN 2
Exploring,Explaining and Conserving the World of Tropical Meets
DEBORAH S.IRBY,CMC 1 0901 Old Cutler Road,Coral Gables,Florida 33156-4296 USA S
CITY CLERK 305.667.1651 www.fairchlldgarden.org