HomeMy Public PortalAbout15-09 AMENDING CHAPTER 14 CODE REGARDING NOTICE OF NEED FOR ABATEMENT OF NUISANCES 1st Reading: April 13, 2015
2nd Reading: May 13, 2015
Public Hearing: May 13, 2015
Adopted: May 13, 2015
Effective Date: May 13, 2015
Sponsor: City Manager
ORDINANCE NO. 15-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA AMENDING CHAPTER 14 OF THE CITY
CODE REGARDING NOTICE OF NEED FOR ABATEMENT OF
NUISANCES; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR SEVERABILITY AND CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, City of Opa-locka Chapter14-3 provides for notification to land owners of
the need to abate nuisances on their properties; and
WHEREAS, the City wishes to Amend the Notice provisions to provide the
responsibility of providing notice to the officials having responsibility for determining whether a
nuisance exists; and
WHEREAS,this Amendment will provide more clarity to the City Code.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA,AS FOLLOWS:
Section 1. Recitals The recitals to the preamble herein are incorporated by
reference.
Section 2. Chapter 14-3 of the City Code is hereby Amended as follows by inserting
the language:
"the Building Official, Director of Code Enforcement and/or the City Manager or
his designee, in accordance with a sworn statement from the proper City official, shall
provide notice of the need to abate the nuisance"
ORDINANCE NO. 15-09
Section 3. Chapter 14-3(a) is Amended to read that:
"in addition to the notice of the above mentioned officials"
Section 4. Conflict and Repealer. All ordinances or Code provisions in conflict
herewith are hereby repealed.
Section 5. Severability. 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 6. Codification. This Ordinance shall be codified in the Code of Ordinances
when the code is recodified.
Section 7. Effective Date. 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.
INTENTIONALLY LEFT BLANK
ORDINANCE NO. 15-09
PASSED AND ADOPTED this 13th day of May, 2015.
—Th
MYRA YLOR
MAYOR
Attest to:
J. na Flores
C Clerk
Approved as to form and legal sufficiency:
Vincent T. Brown, Esq.
BROWN LAW GROUP, LLC
City Attorney
Moved by: COMMISSIONER KELLEY
Seconded by: COMMISSIONER PINDER
Commission Vote: 5-0
Commissioner Kelley: YES
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice-Mayor Holmes: YES
Mayor Taylor: YES
Opa-locka, FL Code of Ordinances Page 1 of 1
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 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 nuisance in section 14-1 of this chapter, the city clerk, in
accordance with a sworn statement from the proper official of the city, 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,the city code enforcement department
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.
(Code 1955,§ 12-9;Ord. No.44-3,§2, 1-11-84;Ord. No. 85-16,§ 1, 7-10-85;Ord. No. 08-08,§9, 7-9-08)
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CITY OF OPA-LOCKA,FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka.Florida will hold public hearings at its Regular Commission Sleeting on Wednesday.\lay 13,2015 at 7:00 p.m.in the Auditorium at Sherbondy Village.215 President Barack
Ohama(Pervizl 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,FLORIDA,TO IMPOSE A MORATORIUM ON NEW PAWN SHOP ESTABLISHMENTS ON A CITYWIDE BASIS FOR UP TO TWELVE MONTHS;
PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR CODIFICATION;PROVIDING FOR SEVERABILITY:PROVIDING FORAN EFFECTIVE DATE OW reading
held an Sfareh I1,2015).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA AMENDING CHAPTER 14 OF THE CITY CODE REGARDING NOTICE OF NEED FOR ABATEMENT OF NUISANCES;PROVIDING
FOR INCORPORATION OF RECITALS:PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(firrl reading held on April 13,2015).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA REGARDING BUDGETING AND RESERVES;AMENDING ORDINANCE 03-05;REQUIRING THE ESTABLISHMENT OFA RESERVE
FUND BALANCE AND DIRECTING UNALLOCATED RESERVES TO BE USED TO REPLENISH SAME;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR
SEVERABILITY AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE 5)eor reading held en.4pril 13,2015).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA AMENDING AND RESTATING ORDINANCE NO.13-40 ENACTED BY THE CITY'COMMISSION OF THE CITY ON DECEMBER II,2013
ENTITLED:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA PROVIDING FOR THE ISSUANCE,IN ONE OR MORE SERIES,OF THE CITY'S CAPITAL IMPROVEMENT REVENUE OBLIGATIONS:
PROVIDING THAT SUCH OBLIGATIONS SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION,OR A PLEDGE OF
THE CITY'S FULL FAITH AND CREDIT,BUT SHALL BE SECURED BY AND PAYABLE FROM PLEDGED FUNDS CONSISTING OF(I)THE PUBLIC SERVICE TAX REVENUES DERIVED FROM THE LE VY AN D COLLECTION BY
THE CITY OF A PUBLIC SERVICE TAX AND(II)THE COMMUNICATIONS SERVICES TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A COMMUNICATIONS SERVICES TAX;PROVIDING
FOR THE ISSUANCE OF THE FIRST SERIES OF SUCH OBLIGATIONS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING EIGHT MILLION FIVE HUNDREDTHOUSAND DOLLARS($8.500,0001.TO BE DESIGNATED
AS THE CITY OF OPA-LOCKA,FLORIDA CAPITAL IMPROVEMENT REVENUE NOTE,SERIES 2013,FOR THE PRINCIPAL PURPOSE OE PROVIDING FUNDS,TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS,TO
FINANCE THE COST OF ACQUISITION OF SITE WITHIN THE CITY AND THE ACQUISITION,CONSTRUCTION,IMPROVEMENT AND EQUIPPING OF CITY ADMINISTRATION BUILDING AND RELATED FACILITIES ON
SUCH SITE.ALL AS SHALL BE MORE FULLY SET FORTH IN A SERIES ORDINANCE;PROVIDING FOR THE ISSUANCE OF ADDITIONAL.OBLIGATIONS AND REFUNDING OBLIGATIONS UNDER CERTAIN CONDITIONS:
PROVIDING FOR THE CREATION OF CERTAIN FUNDS AND ACCOUNTS;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE.";
PROVIDING FOR THE ISSUANCE,IN ONE OR MORE SERIES,OF THE CITY'S CAPITAL IMPROVEMENT REVENUE OBLIGATIONS:PROVIDING THAT SUCH OBLIGATIONS SHALL NOT CONSTITUTE AN INDEBTEDNESS
OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION,OR A PLEDGE OF THE CITY'S FULL FAITH AND CREDIT,BUT SHALL BE SECURED BY AND PAYABLE
FROM PLEDGED FUNDS CONSISTING OF(I)THE PUBLIC SERVICE TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A PUBLIC SERVICE TAX AND(II)THE COMMUNICATIONS
SERVICES TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF COMMUNICATIONS SERVICES TAX;PROVIDING FOR THE ISSUANCE OF THE FIRST TWO SERIES OF SUCH OBLIGATIONS
IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING EIGHT MILLION SIX HUNDRED THOUSAND DOLLARS(48,600,000),TO BE DESIGNATED AS THE.CITY OF OPA-LOCKA,FLORIDA TAX-EXEMPT CAPITAL
IMPROVEMENT REVENUE AND REFUNDING NOTE,SERIES 20I5A AND TAXABLE CAPITAL IMPROVEMENT REVENUE NOTE.SERIES 2015B,RESPECTIVELY;PROVIDING FOR THE PROCEEDS OF THE 2015A NOTE,
TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS,TO BE USED TO(I)FINANCE A PORTION OF THE COSTS OF ACQUIRING AN OFFICE BUILDING AND RELATED SITE IN THE CITY,A PORTION OF WHICH
BUILDING WILL BE USED FOR CITY ADMINISTRATION AND A PORTION OF WHICH WILL BE LEASED TO THIRD PARTIES,(II)FINANCE CERTAIN COSTS OF RENOVATING AND EQUIPPING THE PORTION OF THE
OFFICE.BUILDING TO BE USED FOR CITY ADMINISTRATION,MI)RETIRE THE CITY'S CAPITAL IMPROVEMENT REVENUE NOTE,SERIES 2014 CURRENTLY OUTSTANDING IN THE PRINCIPAL AMOUNT OF SO4.000,
AND(IV)PAY CERTAIN COSTS OF ISSUANCE RELATING TO THE 2015A NOTE,ALL AS SHALL BE MORE FULLY SET FORTH IN A SERIES ORDINANCE;PROVIDING FORTHE PROCEEDS OF THE 201SB NOTE,TOGETHER
WITH OTHER LEGALLY AVAILABLE FUNDS,TO BE USED TO(I)FINANCE THE BALANCE OF THE COSTS OF ACQUIRING SAID OFFICE BUILDING AND RELATED SITE IN THE CITY;(II)PAY CERTAIN MOVING COSTS
ASSOCIATED WITH RELOCATING THE CITY'S ADMINISTRATIVE FUNCTIONS TO THE OFFICE BUILDING;AND(III)PAY CERTAIN COSTS OF ISSUANCE OF THE 20158 NOTE,ALL AS SHALL BE MORE FULLY SET
FORTH IN A SERIES ORDINANCE;PROVIDING FOR THE ISSUANCE OF ADDITIONAL,OBLIGATIONS AND REFUNDING OBLIGATIONS UNDER CERTAIN CONDITIONS;PROVIDING FOR'ENE CREATION OF CERTAIN
FUNDS AND ACCOUNTS;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE(first reading held on 4pri127,2015).
A SERIES ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OP.A-LO('KA,FLORIDA TO PROVIDE FOR THE ISSUANCE,PURSUANT TO AN ORDINANCE OF THE CITY ENACTED ON THE DATE HEREOF.
OF OBLIGATIONS OF THE CITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING EIGHT MILLION SIX HUNDRED THOUSAND DOLLARS 48,600,0001,TO BE DESIGNATED AS THE CITY OF OPA-LOCKA,
FLORIDA TAX-EXEMPT CAPITAL IMPROVEMENT REVENUE AND REFUNDING NOTE,SERIES 2015A AND TAXABLE CAPITAL IMPROVEMENT REVENUE NOTE,SERIES 20158.RESPECTIVELY;PROVIDING FOR THE
PROCEEDS OF THE 2015A NOTE.TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS,TO BE USED TO(I)FINANCE A PORTION OF THE COSTS OF ACQUIRING AN OFFICE BUILDING AND RELATED SITE IN
THE CITY,A PORTION OF WHICH BUILDING WILL BE USED FOR CITY ADMINISTRATION AND A PORTION OF WHICH WILL BE LEASED TO THIRD PARTIES,(II)FINANCE CERTAIN COSTS OF RENOVATING AND
EQUIPPING THE PORTION OF THE OFFICE BUILDING TO BE USED FOR CITY ADMINISTRATION,(III)RETIRE THE CITY'S CAPITAL IMPROVEMENT REVENUE NOTE.SERIES 2014 CI:RRENTI,Y OUTSTANDING IN
THE PRINCIPAL AMOUNT OF 484,000,AND)IV)PAY CERTAIN COSTS OF ISSUANCE RELATING TO THE 20ISA NOTE,ALL AS MORE FULLY SET FORTH HEREIN:PROVIDING FORTIIE PROCEEDS OF THE 2015B NOTE,
TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS,TO BE USED TO(II FINANCE THE BALANCE OF THE COSTS OF ACQUIRING SAID OFFICE BUILDING AND RELATED SITE IN THE CITY;(II)PAY CERTAIN
MOVING COSTS ASSOCIATED WITH RELOCATING THE CITY'S ADMINISTRATIVE FUNCTIONS TO THE OFFICE BUILDING;AND(III)PAY CERTAIN COSTS OF ISSUANCE OF THE 20158 NOTE,PROVIDING FOR THE
TERMS AND PAYMENT OF SUCH 2015 NOTES,ALL AS MORE FULLY SET FORTH HEREIN;PROVIDING FOR THE RIGHTS.SECURITY AND REMEDIES OF THE LENDER WITH RESPECT TO THE 2015 NOTES:MAKING OR
PROVIDING FOR CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH;DESIGNATING THE CITY AS THE REGISTRAR AND PAVING AGENT FOR TII E 2015 NOTES;AUTHORIZING THE EXECUTION
AND DELIVERY OF AN AGREEMENT WITH THE LENDER TO SET FORTH MATTERS RELATING TO THE 2015 NOTES AS REQUIRED BY SUCH LENDER OR OTHERWISE NECESSARY AND APPROPRIATE.SUBJECT TO
THE PARAMETERS SPECIFIED HEREIN;AUTHORIZING CITY OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE,SALE AND DELIVERY OF THE 2015 NOTES;PROVIDING;
FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE(fief reading held an April 27,2015).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA.AMENDING CITY ORDINANCE 86-0,THE LAND DEVELOPMENT CODE,TO INCLUDE PLACES OF RELIGIOUS ASSEMBLY AS
A PERMITTED USE IN THE LIMITED INDUSTRIAL I-I DISTRICT AS A SPECIAL EXEMPTION;PROVIDING FOR INCORPORATION OF RECITALS:PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICT AND
REPEALER:PROVIDING FOR AN EFFECTIVE DATE(first reading held on April 27,20/5).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OFOPA-LOC'KA,FLORIDA,AMEN DING SECTION 2-316 OF THE CITY CODE TO INCREASE THE AMOUNT THE CITY MANAGER MAY SPEND FOR PURCHASING
SUPPLIES FROM TEN THOUSAND DOLLARS(SI0,000.00)TO TWENTY-FIVE THOUSAND DOLLARS(525,000.00)WITHOUT CITY COMMISSION APPROVAL;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING
FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILI TY AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held an 4pri127,2015).
RESOLUTIONS/PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO APPROVE THE REQUEST OF AI.1.FLORIDA LAND CLEANING,INC.,A Fl..ORIDA CORPORATION,FOR FINAL SITE PLAN
APPROVAL TO CONSTRUCT AN OFFICF,AND MAINTENANCE FACILITY AT 3805 NW 132`"STREET,OPA-LOCKA,FLORIDA,DESC RIBEDAS FOLIO NO.08-2129-010-0090;PROVIDING FOR INCORPORATION OF RE('.ITALS:
PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OFTH E CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORI DA,TO APPROVE A DEV ELOPNI E NTAG REEM F.NT BETWEEN ALL FLORIDA LAN D CLEAN I NG,INC.,A FLORIDA CORPORATION("AFLC")
AND THE CITY OF OPA-LOCKA,FLORIDA,FOR THE LAND LOCATED AT 3805 NW 132""STREET.IN THE CITY OF OPA-LOCKA,FLORIDA,FOLIO NUMBER 08-2129-010-0090,FOR THE PURPOSE OF CONSTRUCTING
OFFICE BUILDING,MAINTENANCE BUILDING AND PARKING AREA;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE.
Additional information on the above items may he obtained in the Office of the City Clerk.3400 NW 135"Street,Bldg.B,Opa-locka,Florida.Al)- interested persons are encouraged to attend this meeting and will be heard with respect to the public hearings.
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JOANNA FLORES,CMC
CITY CLERK