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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) about:blank 4/16/2015