HomeMy Public PortalAbout15-8978 To Initiate Action Against the South Florida Regional Transportation Authority and The CSXSponsored by: Commissioner Pinder
RESOLUTION NO. 15-8978
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA LOCKA, FLORIDA, DIRECTING THE CITY
ATTORNEY TO INITIATE ACTION AGAINST THE SOUTH
FLORIDA REGIONAL TRANSPORTATION AUTHORITY AND
THE CSX CORPORATION TO ABATE ANY NUISANCES
AND /OR OTHER VIOLATIONS OF THE OPA LOCKA CODE
SURROUNDING THE RAILROAD TRACKS IN THE CITY OF
OPA LOCKA; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The South Florida Regional Transportation Authority operates a
Trirail that runs through the City of Opa -locka located at 480 Ali -baba Avenue; and
WHEREAS, The CSX Corporation owns the actual Railroad Tracks; and
WHEREAS, the Entire Railroad operation has become a public nuisance,
including an excess of trash, lack of proper landscaping and other amenities that have
created not only an eye soar, but a potential health hazard in the City of Opa- locka; and
WHEREAS, the City Commission desires to direct the City Attorney to forthwith
take action to insure that all responsible parties are required to clean up the property
and cure all public nuisances.
NOW THEREFORE BE IT RESOLVED THAT THE CITY COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference;
Section 2. The City Attorney is directed to forthwith take action to abate all
nuisances at the location of the Railroad and to insure compliance with the Opa
Locka Code at the location of the railroad. The Attorney is further directed to
take all steps, including litigation if needed, to hold all responsible parties
Resolution No. 15 -8978
accountable for complying with Opa -locka law and living up to their
responsibilities under the Opa -locka Code.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 271h day of April, 2015.
Attest to:
Moved by:
Seconded by:
Commissioner Vote:
Commissioner Kelley:
Commissioner Pinder:
Commissioner Santiago
Vice Mayor Holmes:
Mayor Taylor:
Myra L. Taylor
Mayor
Approved as to form and legal sufficiency:
Vincent T. Brown, Esq.
Brown Law Group, LLC
City Attorney
Commissioner Santiago
Commissioner Pinder
5 -0
YES
YES
YES
YES
YES
Opa- locka, FL Code of Ordinances
Page 1 of 1
Sec. 14 -1. - Creation or maintenance of nuisance prohibited; duties of owners and tenants.
(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,
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 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 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.
(Code 1955, § 16 -49; Ord. No. 85 -16, § 1, 7- 10 -85; Ord. No. 08 -08, § 7, 7 -9 -08)
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