HomeMy Public PortalAbout13-32 Create a Housing Authority and Nuisance Abatement Board 1st Reading: 09/25/2013
2°d Reading: 10/23/2013
Public Hearing: 10/23/2013
Adopted: 10/23/2013
Effective Date: 10/24/2013
Sponsored by: Vice Mayor Kelley
ORDINANCE NO. 13-32
AN ORDINANCE OF THE CITY OF OPA-LOCKA,
FLORIDA, TO CREATE A HOUSING AUTHORITY &
NUISANCE ABATEMENT BOARD FOR THE CITY OF
OPA-LOCKA;PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the City of Opa-locka, by vote of the citizens, adopted a new Charter on
November 6, 2012; and
WHEREAS, the City of Opa-locka, desires to create a Housing Authority& Nuisance
Abatement Board, which will address nuisance abatement and fair housing issues within City;and
WHEREAS,the Board will consist of five(5)members,who shall be residents of the City
of Opa-locka,one chosen by each member of the City Commission,who shall serve a term which
will coincide with of that of the Commissioner who selected them. Any member may be removed
at any time,with or without cause,by the Commissioner who appointed them. Members will not
receive compensation for their services.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA
Ordinance No. 13-32
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission establishes an entity known as the Housing Authority
& Nuisance Abatement Board, which will address nuisance abatement and fair housing issues
within City.
Sec.A Power and Duties
1. The Housing Authority & Nuisance Abatement Board shall have all powers and
duties specified in Ordinance No. 08-08, the provisions of which are hereby
incorporated by reference, except where inconsistent with this ordinance.
2. In addition, the Housing Authority & Nuisance Abatement Board shall have the
authority to address issues related to substandard housing in the City and to treat
such matters in the same fashion as it treats nuisances, as set forth in Ordinance
No. 08-08.
Sec B. Housing Authority& Nuisance Abatement Board shall consist of:
1. The Board will consist of five(5)members, who shall be residents of the City of
Opa-locka,one chosen by each member of the City Commission,who shall serve a
term which will coincide with of that of the Commissioner who selected them. Any
member may be removed at any time,with or without cause,by the Commissioner
who appointed them. Members will not receive compensation for their services.
Section 3. If any clause,section,or other part or application of this Ordinance is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it
shall not affect the validity of the remaining portions or applications of this Ordinance.
Section 4. All ordinances or resolutions or parts of ordinances or resolutions in
conflict herewith, are hereby repealed.
Section 5. This Ordinance shall be codified in the Code of Ordinances when the code is
recodified.
Ordinance No. 13-32
Section 6. This Ordinance shall upon adoption, become effective immediately.
PASSED AND ADOPTED this 23rd day of October, 2013.
Y".. - LOR
MAYOR
Attest to:
C-S,0■X.k&.„4-Y3)\-
Joanna Flores
City Clerk
Approved as to form and legal sif iency:
X i
; ! a ` A-Awil■ J
Jos;• S. yeller
GI ENS'OON MARDER PA
Ciy Attorney
Moved by: COMMISSIONER JOHNSON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
MIAMI HERALD I MiamiHerald.com ND SUNDAY,OCTOBER 13,2013 115ND
fic;• Miami Dade College
CITY OF OPA-LOCKA, FLORIDA Open House
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida
A ...
„, Alt,
will hold public hearings at its Regular Commission Meeting on Wednesday,October 23, •4.
2013 at 7:00 p.m. in the City Commission Chambers at Sherbondy Village, .' 4-
215 Perviz Avenue,Opa-locka,Florida to consider the following items:
SECOND READING ORDINANCES/PUBLIC HEARING: ' *': ,,
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, 1.
FLORIDA,TO CREATE A CIVIL SERVICE BOARD FOR THE CITY OF OPA-LOCKA; irk viz
PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE(first reading held on September 25,2013).
Sponsored by J.K
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, At All Miami Dade C o I l e e C a m uses
FLORIDA,TO CREATE A HOUSING AUTHORITY&NUISANCE ABATEMENT BOARD g P
FOR THE CITY OF OPA-LOCKA;PROVIDING FOR INCORPORATION OF RECITALS; Each campus will award•scholarship for in-state tuition,books or fees!
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE Who should attend?
(first reading held on September 25,2013).Sponsored by J.K. •High school students,parents,high degree programs in areas including bio-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, school personnel and anyone interested logical sciences;education;electronics
in starting a new career engineering technology;film,television
FLORIDA,TO AMEND ORDINANCE 07-19, SECTION 16-33,BAN ON WEARING •Students interested in a Medical Campus and digital production;nursing;physician
SAGGY PANTS APPAREL, TO ALSO INCLUDE BANNING SAGGY PANTS AND program,or any of MDCs bachelors assistant studies;public safety manage-
ment;or supervision and management
SHIRTS WORN BY FEMALES; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY You will have the opportunity to:
AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held on •Learn how you can train for hot jobs in •Tour the campus and meet the students,
September 25,2013.Sponsored by D.J. many fields,such as aviation,computers faculty and staff of Miami Dade College.
p ) P y and Web development,culinary arts, •Learn about student organizations
health care,dies hospitality and tourism, and activities.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
paralegal studies and mare. •Attend sessions on financial aid,
FLORIDA,TO AMEND SECTION III PENALTIES FOR VIOLATION OF THE SAGGY scholarships and admissions.
PANTS ORDINANCE 10-28; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY Reserve your spot now!Visit www.mdc.edu/openhouse
AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held on or call 305S37J8$8.
September 25,2013).Sponsored by T.H. For speoal needs or accessibility questions.call at least three days poor to the event
Additional information on the above items may be obtained in the Office of the City Clerk, 2013 SATURDAY OCT 19 TUESDAY OCT 11 WEDNESDAY,OCT n
3400 NW 135"'Street,Bldg.B,Opa-locka,Florida.All interested persons are encouraged
Hurt 1,C.,,,1,,,, W 111 a r„ Int,-,f n,e.,,,.,n C;,n�,u, 'a a in (,nrir f'M,•ck
to attend this meeting and will be heard with respect to the public hearing.
PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,
agency,or commission with respect to any matter considered at such meeting or hearing will
need a record of the proceedings,and for that reason,may need to ensure that a verbatim THURSDAY OCT 10 SATURDAY.OCT Jb WEDNESDAY,IAN 19 7010
record of the proceedings is made,which record includes the testimony and evidence upon H,„d,,u c.,, p,,, ,1„t,,., w„,,;,,,c,,n,yu, „ m•,h:.,i cant,.., r. ,�
which the appeal may be based. mu,.w,", s so p In
JOANNA FLORES,CMC Bili IA"
CITY CLERK
1st Reading: JUNE 25, 2008
2°a Reading: JULY 9, 2008
Adopted: JULY 9, 2008
Effective Date: JULY 9, 2008
Sponsored by: D. Johnson
ORDINANCE NO. 08-08
AN ORDNANCE OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AMENDING CHAPTER 2, ARTICLE XI,
DIVISION 7 DEFINING PUBLIC NUISANCES, PROVIDING FOR A
NUISANCE ABATEMENT BOARD; AMENDING CHAPTER 14
PROVIDING FOR NUISANCE ENFORCEMENT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-locka has frequently been subjected to places and/or
premises used in such a manner as to create a public nuisance and to disturb the peace and quiet
enjoyment of citizens, residents and business owners in Opa-locka; and
WHEREAS, the City had an existing nuisance ordinance; and
WHEREAS, the City Commission has determined to amend the nuisance ordinance, to
provide for a more effective and efficient manner of dealing with such premises or places where
public nuisances exist and continue to exist.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. Section 2-550 of the Code of Ordinances of the City of Opa-locka, is
hereby amended to read as follows:
Section 2-550. Definitions.
As used in this division:
(a) A public nuisance. Any place or premises within the City of Opa-locka which has
been used: . - - - -- .., . . - - - _ . •. . _ .
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. . - _. - . - .• - - . . . . . -
1 •n two 2 or mo e occasions within a six 6 mon s seriod as the site of
prostitution, or solicitation of prostitution, or any violation of Chapter 796,Florida Statutes, as it
may be renumbered or amended from time to time;
2 • two _ •r more oc asions within a six 6 month •-ri•d as the site •f
the unlawful sale, delivery, manufacture, cultivation, or possession of controlled substances
includin. but no limited to bstance and sharma -uticals d-fined . , re•ulate• un• -r
Federal controlled substance laws; Chapters 499 and 893, Florida Statutes, as it may be
renumbered or amended from time to time; any substance sold in lieu of a controlled substance
in violation of Section 817.563, Florida Statutes, as it may be renumbered or amended from time
to time• or an imitation con rolled sus tance defined in Section 81 . .4 Florida tatu e .s it
may be renumbered or amended from time to time;
(3) By a youth and/or criminal street gang for the purpose of conducting a
pattern of youth and/or criminal street gang activity as defined by Section 874.03, Florida
Statutes, as it may be renumbered or amended from time to time;
4 On two 2 or more . asions within a six 6 month .eriod as th- ite of
illegal gambling;
(5) On two (2) or more occasions within a six (6) month period, as the site of
the ill-•.1 sale con um.tion or .ossessi•n of al oh•lic bevera•es •ntainers •r • •en
containers;
(6) On two (2) or more occasions within a six (6) month period, as the site of
violations of Section 812.09, Florida Statutes, as it may be renumbered or amended from time to
time, relating to dealing in stolen property; or
(7) Any premises or place that could be declared a nuisance by Sections
823.05 and 823.10, Florida Statutes, as they may be renumbered or amended from time to time.
Evidence of other federal, state, or local public nuisance laws, or other laws where a
violation ma creat- , dan•er o h- .ublic h-.lth safet • welfare or the failure • corn./
with the requirements, terms, and agreements in conjunction with these laws may be used to
su..l-ment and/or .rovide evil -nce of a sublic nui ance a•ain . .remises in a nuisan -
abatement board hearing, pursuant to Section 2-550, et.seq. herein. As used herein, the term
"Evidence" means any complaint, as defined in Section 2-550(e) of the Code of Ordinances or
findin.s of fa t and con lusions •f law of an federal s a e or loc.1 ourt or administrativ-
entity.
(b) Board. The nuisance abatement board of the City of Opa-locka.
(c) City attorney. The legal counselor for the City of Opa-locka or such assistant city
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attorney as may from time to time be designated.
(d) Clerk of the Board. Person appointed by the city manager of the City of Opa-
locka to perform the clerical duties necessary to carry out the activities of the nuisance abatement
board.
(e) Complaint. A complaint and/or incident documented on local, state, or federal
law enforcem-nt r- .ort ..lice resort incident re.ort . est re.ort nif•rm iv'1 iolation
Notice, warning notice, notice of violation, notarized affidavit, or oral or written sworn statement
docu i entin• an inci• -nt s or rea onable belief a substantiated . 1.cal state or f-de al .w
-nf.rcement_'udi i.1 or •ov-rnment official that a .ublic nui _nce is bein• maintaine• .n. or
created upon a premises within the City.
(e-)Operator. Property owner, tenant, lessee or person having control or possession
of the premises.
(g) Premises. Shall include, but not be limited to, any residential property,
commercial .ro.ert f.rm land in•ustrial lan• land vacant 1. .arkin• area vess-1 motor
vehicle area con rolled b . homeowner •r condomini or other similar •ro•ert owne '
association, or other property that comes within the control of a business, or business enterprise,
or other activity associated with a business.
Section 2. Section 2-551 of the Code of Ordinances of the City of Opa-locka, is hereby
amended to read as follows:
Sec. 2-551. Organization—Legislative Findings and intent; Nuisance Abatement
Board.
(a) The City Commission hereby finds and declares that any places or premises
which are used as the site of the unlawful sale, delivery, or possession of controlled substances,
prostitution, youth and street gang activity, gambling, illegal sale, possession, or consumption of
alcoholic beverages, lewd or lascivious behavior, other criminal activity as defined in federal
laws and/or Florida Statutes, or violations of this Code of Ordinances may be a public nuisance
that adversely affects the public health, safety, morals and welfare. The City Commission also
finds that abatin. he .ublic n isance which results from s.id activi is n-cess. • im.rove th-
u.li of life of th- r-sidents •f Sa.a-locka an. that said . .atement will .fe•uard the . blic
health, safety, and welfare.
The provisions herein are hereby declared to be remedial and essential to the public
interest and it is intended that the provisions herein be liberally construed to effect the purposes
as stated above. The provisions herein shall be cumulative and supplemental to and not in
derogation of any provision of the Florida Statutes or any other applicable law.
(b) There is hereby created and established a nuisance abatement board to hear
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evidence related to ., - . _ • _ . .., .__ . _. . .
(1) Drug related public nuisances;
(2) Lewdness, assignation or prostitution;
(3) Criminal street gang activity which is indicative of a pattern; and
(4) Dealing in stolen property the creation or maintenance of a public
nuisance(s).
()c) The board shall consist of five (5) members appointed by the ity Commission. at
least three (3) of whom shall be residents of the City of Opa-locka. The initial appointment to
the nuisance abatement board shall be as follows: two (2) members appointed for a term of two
(2) years and two (2) members and the chairman appointed for a term of one year. Upon
expiration of initial terms, subsequent appointments for two (2) years shall be made. Any
member may be reappointed by the City Commission for not more than three (3) consecutive
terms. Appointments to fill a vacancy shall be for the remainder of the unexpired term. Any
member who fails to attend two (2) of three (3) successive meetings without cause and without
prior approval of the chairman shall automatically forfeit his appointment, and the City
Commission shall promptly fill such vacancy for the remainder of the term.
The presence of three (3) or more members shall constitute a quorum. Members shall
serve without compensation but may be reimbursed for such travel, mileage, and per diem
expenses as may be authorized by the city manager.
Section 3. Section 2-552 of the Code of Ordinances City of Opa-locka, is hereby
amended to read as follows:
Sec. 2-552. Operating procedures.
(a) Complaints; reports.
(1) Any employee, officer;-er resident}of Miami Dade County of or visitor to
the City of Opa-locka may file a complaint and request for prosecution with the
police department regarding the existence of a public nuisance en-premises-located in-within
Opa-locka . . . . . .. .• ., __ . : _ -- - = - e • - . --•
Notice of the complaint shall be sent by certified mail with return receipt
• the • •erator of the .lace or •remi -s corns lain• •f at the OA.-r.tor's addr- Althou. an
address reasonabl likel to advis- he • •erator m. be used in! the addre .s shown in he
Miami-Dade .ro.e tax collector' file shall b- • -emed con lusivel as 8r••er. In 1.eu •f the
re•uirements of ce ified mail the n.tice re.uirem-n ma be fulfilled b .-rsonal servi - hand
delivery, or posting in a conspicuous place on the premises.
2 The complaint shall sta e facts th.t reasona.l tend to e .blish th-
existence of a public nuisance located within the city}
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(3) Any police officer making an arrest or substantiating an incident or
occurrence of any statutory violation(s) or violations of section(s) set forth in the Code of
Ordinances or any Public Service Aide or Code Enforcement Officer substantiating an incident
or occurrence of a breach of any section(s) set for in Chapter 14 herein, and pursuant to
information or independent observation, shall submit a copy of every such report and/or offense
incident re•ort to the c ief of ••lice or •esi u ee hereof who shall ere -ss al s r- •orts . .•
determine when the requisite number of occurrences or violations have taken place as set forth in
section 2-550 above.
(b) Request for hcaring Processin• review o case.
(1) In each case where such determination has been made in accordance with
subsection (a) above, the case shall be processed through the office of the chief of police and
forwarded to the The city attorney for his/her determination that such case is sufficient for
presentation to the Board for its consideration and disposition as provided herein.
(2) The city attorney, or designee thereof, upon receipt of verification by the
office of the chief of police that all administrative prerequisites have been satisfied, --he he has
shall promptly request a hearing before the nuisance abatement board.
(c) Service; hearing notices.
(1) The nuisance abatement board, through its clerk the Clerk of Board, shall
schedule a hearing, and written notice of said hearing shall be sent by certified mail or hand
delivered to the owner and operator(s) of the premises complained of at their last known
addresses, at least fourteen (14) days prior to the scheduled hearing. If an attempt to reach the
owner and operator(s) by hand delivery or certified mail is unsuccessful, notice of the hearing
may be by publication as provided in Chapter 49 of the Florida Statutes.
(2) The notice of hearing shall include:
a. A statement of the time,place and nature of the hearing;
b. A statement of the legal authority and jurisdiction under which the
hearing is to be held;
c. A reference to the particular sections of the statutes and ordinances
involved;
d. A short and plain statement summarizing the incidents complained
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Section 4. Section 2-553 of the Code of Ordinances of the City of Opa-locka, is hereby
amended to read as follows:
Sec. 2-553. Conduct of hearings.
(a) The chairman of the board may call hearings of the board. Hearings may also be
called by written notice signed by at least three (3) members of the board, or at the call of the
city manager. The board, at a hearing, may set a future hearing date.—The-beard-shall-attempt-to
demand necessitates. The board shall adopt rules for the conduct of its hearings. Minutes shall
be kept of all hearings and all hearings shall be open to the public. The city shall provide clerical
and administrative personnel as may be reasonably required for the proper performance of the
board's duties.
(b) The city attorney, or designee thereof, shall present
evidence before the board on behalf of the city. If the alleged violator(s) has been properly
noticed in regard to the hearing before the board and fail(s) to appear, the board may proceed
with a hearing in absentia on the merits of the alleged violation. Any findings or orders resulting
from such hearing are valid and binding upon the violator(s).
(c) All parties shall have an opportunity to present evidence and argument on all
issues involved, to conduct cross-examination and submit rebuttal evidence, and to be
represented by counsel. When appropriate, the general public may be given an opportunity to
present oral or written communications. If the agency proposes to consider such material, then
all parties shall be given an opportunity to cross-examine or challenge or rebut it. The board
may consider any evidence, including evidence of the general reputation of the place or
premises. All testimony shall be under oath and shall be recorded. Formal rules of evidence
shall not apply,but fundamental due process shall be observed and shall govern the proceedings.
Orders of the board shall be based on competent and substantial evidence.
(d) After considering all evidence, the board may declare the place or premises to be
a public nuisance as defined in section 2 550 and, if so, may Inter an order immediately
order any one or all of the following:
(1) The maintaining-discontinuance of the nuisance;
(2) The losing of the place or premises; OF
(3) The prohibition of conduct, operation, or maintenance of any business or
activity on the premises, and/or business or activity which is conducive to the maintenance of
such nuisance, which prohibition may include the suspension or revocation of any city local
business tax receipt or occupational licenses issued or renewed pursuant to the provisions of
chapter (xxi;-
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(4) The payment to the city by the Operator s of fines in increments of Two
Hun.r-• Fift_',250 1 I D•liars or anoth-r .• •ro•riate hi• -r or lesser . ount i deems
a. .ro•ri•t- . d -cess• •er in i•ent and/or da of no -com•liance. In a.•i ion to _ h fines
the ••• d ma im•os- .. •itional fines an. er assessed costs • cov-r .11 osts inc rr-d b th-
it in inve i•ation remediation -nforcem- t and •r. ecution of violations en merated h-r-in
including attorneys' fees. Fines shall not exceed Fifteen Thousand $15.000.00) Dollars or a
total amo nt as allowed • Florida _ tatutes . -c ion 893.138 as amended -ach time a •remises
is declared a public nuisance; or
( The board m. order the Oper t.r to provide additional Private securit at
the Operator's sole expense, or such other reasonable remedial measures including but not
limited to li• tin• or fencin• as ma be deemed effective to remed or cure the •ublic
nuisance. If the Operator fails to take such action within the time specified b the Board in its
Or.er the Cit ma ake the action i -if . p d seek to re •ver an ex.-nse incurr-• therei b
any lawful means, including the imposition of additional fines as set forth herein.
The board ma order an combinati.n of subsection d 1 2 4 or
(5)hereinabove.
(e) All orders of the board shall be by motion approved by a majority of those
members present and voting, except that at least three (3) members of the board must vote an-in
order for the action to be official. - .. . - • , • • • -•-: • -- - •- - •••
. !.,.! . •
. . -- - -.. - . . . .• - .
(e)LO_An order entered under subsection (c) (d�shall expire after one year or at such
earlier time as stated in the order. The board nay-shall retain jurisdiction to modify its orders or
to extend the time perio• of jurisdiction past the expiration date upon the showin• of cause that
the Operator(s) have not taken reasonable and/or sufficient action to abate the public nuisance or
there are additional public nuisance activitie , or the Operators have not adhered to the order s
of the board,prior to the expiration of said orders.
(#)_The board may bring a complaint under Section 60.05 of the Florida Statutes,
seeking a temporary or permanent injunction against any public nuisance.
Section 5. Section 2-554 of the Code of Ordinances of the City of Opa-locka, is hereby
amended to read as follows:
Sec. 2-554.Appeals Recording of Orders,Fines and Costs; Enforcement of Orders.
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(a) A certified copy of an order declaring a premises a •ublic
nuisance and other orders to abate the nuisance and imposing fines and/or costs or penalties
assessed under section 2-553(d), may be recorded in the Public Records and thereafter shall
con titute a li-n a!ain t the land •n which he violation exist or u son an o her re.1 or •er onal
property owned by the violator Operator; and it may be enforced in the same manner as a court
'ud a ent b he sheriff of this tate incl.•in! ley a.ainst •erson.1 •ro•e - but .11 n• •e
deem-d a co 'ud i -n exce•t for enfor ement • •oses. . enever a N. ice of o •1.int
has resulted in a fine being levied or a Board Order, a copy of such final order shall be filed in
the office of the Clerk of the Circuit Court of Miami-Dade County, Florida, who shall cause the
same to be recorded amon• the Publi Record of Miami-Dade ount . The re •rdation of such
final •rder sh.11 consti ute constructive no ice to . sub e•uent •urch. -rs tr. feree
grantees, mortgagors, mortgagees, lessees, lienors, and all persons having, claiming or acquiring
any int-rest in the premises described therein, or affected thereby. When the nuisance s.ecified
in said final order has been abated and all fines and costs for enforcement have been paid, a
certificate certifying the nuisance has been abated shall be filed and the order cancelled, All
such final orders shall include the proper legal description of the premises involved. The costs of
recording the original final order and the certificate of cancellation shall also be recoverable as
costs from the Operator prior to recording the certificate of cancellation, The original final order
m. inclu•e an au •matic dat- of cane-llation/ex•iration ex lusive •f the c•sts/fin- liens . d
shall be effective if the board has not filed a notice of extension as allowed under Section 2-
553(f). Any person acquiring any interest in or to property described in a final order after
recordation thereof, shall take the propert sub'ect • he re'uir-ments s- forth in the fin.l order
an• all other •rovision •f this Article. A`er the filin• of an uch lien which r-mains •aid
the city attorney's office may foreclose or otherwise execute on the lien. Interest shall accrue on
the unpaid costs and/or fines at the annual interest rate of eighteen 18%) percent. No lien
created pursuant to th- .rovisions herein may be foreclosed on real pro•ert which is a
homestead under Section. 4, Article X of the State Constitution.
(b) In addition to the enforcement remedies available to the cit in subsection (a
above, the city attorney may initiate contempt proceedings in the Circuit Court of Miami-Dade
ount for wil ful disc •-•i-nce or failure to corn.1 with an ore -r of the ••. d. Th- cit
attorney is also further authorized to initiate proceedings in any county, state or federal forum
for the suspension or revocation of any permits, licenses, concessions, or contracts held or
aw. ded t• the viol.tor • s-rator in 1 din• contracts awarded under ec ion 24 112 to i. .
tatutes and includin• licenses for the sal- of bey-ra•es issu-• under ection 61.19 Florida
Statutes, where the existence of such permits, licenses, concessions or contracts is conducive to
the maintenance of such public nuisance.
(c) An Order of the board issued pursuant to this Article shall also be posted at the
place, building, or premises where the public nuisance exists, existed or is occurring, in violation
of the law and shall be sent by certified mail to the owner of record of such place, building, or
premises within two (2)business d.ys of the posting.
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(d) City police officers shall be authorized to act upon and enforce such orders in
accordance with Section 2-553 hereof, five (5)business days after the posting of an order issued
pursuant to the board.
(e) Any Operator, or person who hinders, or obstructs, any State, County, or City
official, in the discharge of his duties under this Article, or in carrying out the orders of the
board, or who fails to follow the orders of the board, shall be cited by the department of police,
and upon conviction thereof in the County Court, shall be punished by a fine not to exceed Five
Hundred ($500.00) Dollars or by imprisonment in the county jail for not more than sixty (60)
days, or by both such fine and imprisonment.
(f) In the event the board orders the Operator to close the premises and/or secure it
and the Operator fails to do so, as determined by city officials, or other County or State agencies,
the city shall be authorized to secure the premises as necessary to safeguard the public health,
safety, and welfare. The Operator will automatically be assessed the costs and be subject to lien
and foreclosure action as in Section 2-554(a)herein.
(g) When any nuisance as defined in Section 823.05, Florida Statutes, exists, the city
attorney, or any resident or visitor to the city, may sue in the name of the state on his relation to
en-oin the •ublic n-i : - h- .-r on s maintainin• it and h- owner or a•ent of h- •remises
on which the public nuisance exists.
Section 6. Section 2-555 of the Code of Ordinances of the City of Opa-locka, is hereby
amended to read as follows:
Section. 2-555. Appeals.
••_ _ .• ., __ _ • An aggrieved party, including the city administration,may appeal a
final administrative order of the nuisance abatement board to the Circuit Court of the Eleventh
Judicial Circuit. Such an appeal shall not be a hearing de novo but shall be limited to appellate
review of the record created before the board. An appeal shall be filed within thirty (30) days of
the date of rendition of the written order appealed from.
Section 7. Section 14-1 of the Code of Ordinances of the City of Opa-locka, is
hereby amended to read as follows:
Sec. 14-1. Creation or maintenance of publie-nuisance prohibited; duties of owners
and tenants.
9
(a) It shall be unlawful to create, maintain, or cause or permit to be maintained a public,
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 and-pfesentable-condition, free from
all surplus grass, weeds, rubbish, trash, parked or stored, junked, partially dismantled or
abandoned motor or other vehicle or machinery, 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,
free from materials, objects, 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 public-nuisance is-hereby
and 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 or wild animals, or may furnish a breeding place for mosquitos, 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.-;n i
(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
public-nuisance.
(3) Maintenance of acts or things in violation of the ordinances of the City of
10
b. Offenses miscellaneous including littering, noise and using public
c. Garbage and trash(Chapter 11 of the Code of Ordinances).
d License and business regulations (Chapter 13 of the Code of
}
e. Parks and recreation(Chapter 16 of the Code of Ordinances).
f. Streets and sidewalks(Chapter 19 of the Code of Ordinances).
o€-Ordinances),
h. Trailers (Chapter 20 of the Code of Ordinances).
i. Excavations and fillings. (Chapter 9 of the Code of Ordinances).
J. Fire prevention(Chapter 10 of the Code of Ordinances).
k. Water and sewers(Chapter 21 of the Code of Ordinances).
1. The following additional acts or things are declared to be nuisances
public.,, rala to wit:
,
1. The unlawful use, storage or sale of controlled substances.
2. The maintaining or permitting to run at large, domestie or
3
3. Maintenance, planting or care of trees, shrubs, bushes or•• . _ _ - • - , . . , . • , . _ _ _ _ • _•
related-thereto,
4. Erection of billboards and signs contrary to the provisions
of the Code ofOrdinance�
vl ,,........... 5. The carrying on of any trade or business at a stationary
, . _ , . . . , ,•, , . _ ., , , • , _ , , :_ ,
__ ... •• _ ... - , - • - - . _ - . _ _ - , . . . •
- ' . • _ , : .. , . _ ,__ • , . _ ., •_ _ • . -.
Section 8. Section 14-2 of the Code of Ordinances City of Opa-locka, is hereby
amended to read as follows:
Sec. 14-2. General maintenance of property.
It shall be the duty and responsibility of all owners and tenants of lots, buildings, parcels
and tracts of land within the city to keep their property in a safe, clean, and sanitary and
11
pfesentable-condition, in accordance with the intent and provisions of this chapter.
Section 9. Section 14-3 of the Code of Ordinances of the City of Opa-locka, is
hereby amended to read as follows:
Sec. 14-3. Notice requiring abatement.
In the event that the owners of lots, tracts or parcels of land and land abutting a swale
area lying between said lands and the paved portions of any streets or curb or swale area within
the city fail or refuse to keep such property in a safe, clean and sanitary condition as
hereinabove provided, or fail to dispose of in the manner prescribed by the property-proper
officials of the city, any industrial and/or combustible waste, or shall fail to remove any parked
or stored motor or other vehicle, or machinery, which is in a wrecked, junked or partially
dismantled or abandoned condition, or remove or terminate any act or thing as declared to be a
public-nuisance in section 14-1 of this chapter, it l b the duty of the city clerk, in accordance
with a sworn statement from the proper official of the city, to give may provide notice as
hereinafter provided to the person or persons permitting the nuisance, or to owners of such
industrial waste or noncombustible refuse, or the owners of any motor or other vehicle, or
machinery if known, or to any lien holders, if any, and to the owners of the property and land
abutting a swale area lying between said lands and the paved portions of any street or curb or
swale area upon which the foregoing is located, as hereinafter provided, to comply with
requirements of this chapter within ten(10)days of service of such notice.
(a) In addition to the aforesaid notice from the city clerk it shall be the duty of the
city code enforcement department to—may attach notification decals to all parked or stored,
wrecked,junked,partially dismantled, or abandoned motor or other vehicles or machinery.
(b) All decals shall specify the property in violation, its location, the name and
address of its owner, the time in which the violation must be remedied, and the right of appeal of
the violation.
(c) The city shall only be responsible for the use of due diligence in securing the
information specified above.
Section 10. Section 14-4 of the Code of Ordinances of the City of Opa-locka, is
hereby amended to read as follows:
Sec. 14-4. Manner of giving notice; proof of service.
The In the event the city clerk ehall give chooses to provide notice as provided herein to
the owner of unsafe or unpresentable-unsanitary_property and land abutting a swale area lying
between said lands and the paved portions of any street or curb or swale area at his last known
mailing address as :• - - -. : - = •- • - • - == shown in the Miami-Dade property
12
tax collector's file, or upon any occupant thereof, or upon any agent or employee of the owner
thereof, and if the address of the owner is unknown to the city clerk and if the property and land
abutting a swale area lying between said lands and the paved portions of any street or curb or
swale area is unoccupied and the owner thereof has no agent or employee available for service of
such notice, the posting of a notice upon the property and land abutting a swale area lying
between said lands and the paved portions of any street or curb or swale area by the city clerk
shall constitute and be sufficient notice to the owner thereof. All methods of giving notice as
provided for herein are cumulative and independent of the other and the city clerk may use one
or all of the same as he or she may deem necessary. Proof of service of such notice shall be made
by affidavit of the city clerk and filed in the records of the city as hereinafter provided.
Section 11. Section 14-6 of the Code of Ordinances of the City of Opa-locka, is
hereby amended to read as follows:
Sec. 14-6. Abatement by city; lien declared; interest.
In the event that the owner of such lot, parcel, or tract of land, and land abutting a swale
area lying between said lands and the paved portions of any street or curb or swale area as
hereinabove mentioned shall fail to remove therefrom all surplus grass, weeds, trash, rubbish,
industrial waste, noncombustible refuse, any wrecked,junked,partially dismantled or abandoned
motor or other vehicle, or machinery, or refuse to fill in all excavations or depressions thereon,
within ten (10) days after notice has been given by the city clerk as aforesaid, or within ten (10)
days after an unsuccessful appeal before the-oianager Code Enforcement Special Magistrate,
the city may clean the lot, tract or parcel of land, and land abutting a swale area lying between
said lands and the paved portions of any street or curb or swale area, remove and dispose of any
property, article or thing remaining thereon in violation of the provisions of this chapter, place
same in a safe and presentable condition, and the city clerk shall keep an itemized list of
expenses of the same and the costs thereof shall thereafter become a lien and charge against the
property payable at the same time as the general city taxes on the property become due. Upon
failure to pay the amount of the lien, as aforesaid, the city may have recourse to all remedies
which exist in its favor for the enforcement thereof by virtue of its charter and general laws of
the State of Florida appertaining thereto, and if the amount so expended by the city is not paid at
the time as herein provided, the same shall bear interest at the rate of fifteen eighteen (18%) per
cent(-1-594per annum until paid.
Section 12. Section 14-7 of the Code of Ordinances of City of Opa-locka, is hereby
added to read as follows:
Sec. 14-7. Remedies not exclusive.
All •owers and ri• t conferred b this ha•ter shall be in as dition to an. sus •lemental
to those c•nferred b .n other . -neral sr •-cial laws or •r•inances •overnin nuisances
including,but not limited to the nuisance abatement board and the code enforcement board, and
13
shall be liberally construed to effectuate the I urnose of this cha•ter.
Section 13. If any section, sentence, clause or phrase of this ordinance is held to be
invalid, the remaining portions of this ordinance shall not be affected.
Section 14. The ordinance shall become effective in the manner provided by law.
Section 15. The ordinance shall, upon adoption, be codified in the City of Opa-locka
Code of Ordinances.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
14
PASSED AND DULY ADOPTED THIS 9 day of JULY , 2008.
CI,.
A OR
ATTEST: Approved as to form an egal sufficiency:
C+-r'CE'_ A ' �G CITY ATO' Y
i
D
Ordinance No. 08-08
Moved by: VICE MAYOR JOHNSON
Second by: COMMISSIONER MILLER
Commission Vote: 5-0
Commissioner Tydus: YES
Commissioner Holmes: YES
Commissioner Miller: YES
Vice-Mayor Johnson: YES
Mayor Kelley: YES
15