HomeMy WebLinkAbout2021-002-432 Amendament to Nuisance Abatement Board ORDINANCE NO. 2021-002-432
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING SECTION 14-450,
"DEFINITIONS", SECTION 14-451 "DECLARATION" AND
SECTION 14-501, "GENERAL POWERS" OF CHAPTER 14,
ARTICLE VIII, DIVISION II OF THE CODE OF ORDINANCES
OF THE CITY OF MIAMI GARDENS, TO BE CONSISTENT
WITH FLORIDA STATUTE SECTION 893.138; PROVIDING
FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, in 2009, the City Council created a Nuisance Abatement Board to
prevent the use of real property for the unlawful sale, delivery or possession of
controlled substances, prostitution, youth and street gang activity, or other criminal
activity as defined by law, and
WHEREAS On June 17, 2020 the Florida Legislature amended Section
893.138, Florida Statutes, relating to local administrative actions to abate specified
public nuisances, to authorize a declaration of a public nuisance and abatement if a
place or premises has been used on more than two occasions within six months as the
site of any combination of the following offenses: murder; attempted felony murder;
aggravated battery with a deadly weapon; or aggravated assault with a deadly weapon
without intent to kill, and
WHEREAS, in accordance with section 893.138(3) Florida Statute, which
reference pain management clinics, it is now necessary and appropriate to amend the
ordinance to include this section.
WHEREAS, the City Council finds that it is the best interest of the City to
adopt the following Code amendments,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: CHAPTER 14 — Miscellaneous Offenses of the Code
of Ordinances of the City of Miami Gardens is hereby amended as follows:
Sec. 14-450. - Definitions.
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Public nuisance or nuisance shall be defined as any place or premises within the city which
has been used as follows:
(1) On more than two occasions within a six-month period, as the site of a violation
of F.S. § 796.07;
(2) On more than two occasions within a six-month period, as the site of the
unlawful sale, delivery, manufacture, or cultivation of any controlled substance;
(3) On one occasion as the site of the unlawful possession of a controlled
substance, where such possession constitutes a felony and that has been
previously used on more than one occasion as the site of the unlawful sale,
delivery, manufacture, or cultivation of any controlled substance;
(4) By a criminal gang for the purpose of conducting criminal gang activity as
defined by F.S. § 874.03; or
(5) On more than two occasions within a six-month period, as the site of a violation
of F.S. § 812.019 relating to dealing in stolen property.
(6) On more than two occasions within a 6-month period, as the site of a violation of
any combination of the following:
1. Section 782.04, relating to murder;
2. Section 782.051, relating to attempted felony murder;
3. Section 784.045(1)(a)2., relating to aggravated battery with a deadly
weapon; or
4. Section 784.021(1)(a), relating to aggravated assault with a deadly
weapon without intent to kill.
(7) Any pain-management clinic, as described in s. 458.3265 or s. 459.0137, which
has been used on more than two 263 occasions within a 6-month period as the
site of a violation of: 264
1. Section 784.011, s. 784.021, s. 784.03, or s. 784.045, 265 relating to
assault and battery; 266
2. Section 810.02, relating to burglary; 267
3. Section 812.014, relating to theft; 268
4. Section 812.131, relating to robbery by sudden 269 snatching; or 270
5. Section 893.13, relating to the unlawful distribution 271 of controlled
substances,
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Sec. 14-451. - Declaration.
Any place or premises within the city shall be declared a nuisance, and such nuisance may
be abated in accordance with this article, if the premises have been used as follows:
(1) On more than two occasions within a six-month period, as the site of a violation
of F.S. § 796.07;
(2) On more than two occasions within a six-month period, as the site of the
unlawful sale, delivery, manufacture, or cultivation of any controlled substance;
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Ordinance No. 2021-002-432
(3) On one occasion as the site of the unlawful possession of a controlled
substance, where such possession constitutes a felony and that has been
previously used on more than one occasion as the site of the unlawful sale,
delivery, manufacture, or cultivation of any controlled substance;
(4) By a criminal gang for the purpose of conducting criminal gang activity as
defined by F.S. § 874.03; or
(5) On more than two occasions within a six-month period, as the site of a violation
of F.S. § 812.019, relating to dealing in stolen property.
(6) On more than two occasions within a 6-month period, as the site of a violation of
any combination of the following:
1. Section 782.04, relating to murder;
2. Section 782.051, relating to attempted felony murder;
3. Section 784.045(1)(a)2., relating to aggravated battery with a deadly
weapon; or
4. Section 784.021(1)(a), relating to aggravated assault with a deadly
weapon without intent to kill,
(7) Any pain-management clinic, as described in s. 458.3265 or s. 459.0137, which
has been used on more than two 263 occasions within a 6-month period as the
site of a violation of: 264
1. Section 784.011, s. 784.021, s. 784.03, or s. 784.045, 265 relating to
assault and battery; 266
2. Section 810.02, relating to burglary; 267
3. Section 812.014, relating to theft; 268
4. Section 812.131, relating to robbery by sudden 269 snatching; or 270
5. Section 893.13, relating to the unlawful distribution 271 of controlled
substances,
Sec. 14-501. - General powers.
The nuisance abatement board shall have the powers as delineated in F.S. § 893.138 which
shall include, but not be limited to, the following:
(1) Jurisdiction to hear and decide complaints alleging that a place or premises
constitutes a public nuisance as defined under F.S. § 893.138. The nuisance
abatement board shall have continuing jurisdiction for a period of one year over
any place or premises that has been or is declared a public nuisance pursuant
to this article.
(2) The power to adopt rules of procedure for the administration and conduct of its
hearings. Such rules shall not be inconsistent with this article and the rules of
procedure adopted by the city council. Any rules adopted by the nuisance
abatement board shall facilitate the efficient administration of hearings before it
and ensure fundamental due process.
(3) The power to subpoena respondents, witnesses, and evidence, records and
other material relevant to the proceedings, to its hearings and take testimony
under oath. Subpoenas may be served by the city police department or by such
other person provided by law.
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Ordinance No. 2021-002-432
(4) Issue orders having the force and effect of law, which include, but are not
limited to, the prohibition, enjoinment or abatement of public nuisances,
including the establishment and levy of fines.
(5) Notwithstanding any other law, a rental property that is declared a nuisance
under this section may not be abated or subject to forfeiture under the Florida
Contraband Forfeiture Act if the nuisance was committed by someone other
than the property owner and the property owner commences rehabilitation of
the property within 30 days after the property is declared a nuisance and
completes the rehabilitation within a reasonable time thereafter.
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. 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 5. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word "Ordinance" may be changed
to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 13th DAY OF JANUARY, 2021.
PASSED AND ADOPTED BY THE CITY COUNCIL OF ' E CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON A '1 UA' ' 27, 2021.
Arad AL-AL AllAA4
ODNEY HA' ' ., MAYOR
ATTEST:
14/_ /
MARIO BATAILLE, CMC, CITY CLERK
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Ordinance No. 2021-002-432
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
Moved by: Vice Mayor Leon
Seconded by: Councilman Stephens
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
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Ordinance No. 2021-002-432