HomeMy WebLinkAbout2023-006-462_-_Amendment_to_Property_Maintenance_Code_-_Adopted.docxORDINANCE NO. 2023-006-462
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 16,
ARTICLE III, SECTION 16-57 ENTITLED “MAINTENANCE OF
PROPERTY, BUILDINGS, STRUCTURES, WALLS, FENCES,
SIGNS, PAVEMENT, LANDSCAPING AND DRAINAGE
FACILITIES”; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens has experienced an increase in the lack of
management and maintenance of commercial properties throughout the City, and
WHEREAS, the lack of maintenance on highly visited commercial structures has
caused beautification in some of the City’s landmarks to deteriorate, and
WHEREAS, it is proposed to amend the Code of Ordinances to include additional
requirements for property maintenance for commercial structures within the City, and
WHEREAS, the additional requirement will aid in cleaning, clearing, sanitizing the
City’s commercial areas and maintain consistent beautification in highly visited areas of
the City, and
WHEREAS, Councilwoman Shannon Campbell recommends that the City Council
amend Chapter 16, Article III, Section 16-57 entitled “Maintenance of property, buildings,
structures, walls, fences, signs, pavement, landscaping and drainage facilities” to include
an additional property maintenance requirement to commercial structures,
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: That the Code of Ordinances, City of Miami Gardens,
Florida, is hereby amended by revising Chapter 16, Article III, Section 16-57 entitled
“Maintenance of property, buildings, structures, walls, fences, signs, pavement,
landscaping and drainage facilities” as follows:
Sec. 16-57. Maintenance of property, buildings, structures, walls, fences,
signs, pavement, landscaping and drainage facilities.
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Ordinance No. 2023-006-462
(i) All shopping centers, strip malls, grocery stores, restaurants or commercial
establishments that sell takeout beverages or food shall provide a litter container
near every entrance and at every 100 feet along any established pedestrian
walkway within the footprint of such property. Litter containers shall be well
designed and secured in a manner that will cause them to remain stationary where
placed. They shall be maintained free of graffiti and overflow trash. Placement of
the containers shall not interfere with access to the facilities by pedestrians or by
individuals with disabilities, as required by the Americans with Disabilities Act
Accessibility Guidelines in the Code of Federal Regulation, Title 36, Pt. 1191, App.
A. The civil penalty for a violation of this section is $100.00.
(j) All establishments that sell merchandise or food for take out, shall post an anti-
litter sign in a prominently visible location outside the establishment, as well as at
all drive through lanes for restaurants and retail sales establishments. All signs
required under this section shall be a minimum of 14" by 14" in size and shall state:
"Littering is Prohibited by Law - Punishable by a Minimum Fine of $250.00 per
violation.
(k) All shopping centers, strip malls, or commercial establishments with multiple
tenants shall provide and maintain daily on-site maintenance personnel to ensure
compliance with the City of Miami Gardens’ property maintenance standards.
Pursuant to this subsection, property owners must provide and post the contact
information for maintenance personnel in a conspicuous location on the property.
Owners of commercial property must retain and, upon on the City’s request, furnish
records of maintenance activity performed on the property.
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.
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Ordinance No. 2023-006-462
PASSED ON FIRST READING ON THE 12th DAY OF JULY, 2023.
PASSED ON SECOND READING ON THE 26th DAY OF JULY, 2023.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON JULY 26, 2023.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: COUNCILWOMAN SHANNON CAMPBELL
Moved by: Councilman Stephens
Seconded by: Councilwoman Campbell
VOTE: 6-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Absent
Councilman Leon Yes
Councilman Stephens, III Yes
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