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HomeMy WebLinkAbout2025-004-484_-_Window_Opening_Ordinance_-_Adopted.docxORDINANCE NO. 2025-004-484 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 16, ARTICLE III OF THE CITY MIAMI GARDENS CODE OF ORDINANCES TO CREATE SECTION 16-61 ENTITLED “WINDOW OPENINGS”; 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 enacted property maintenance standards via Ordinance No. 2005-13-51 for commercial and residential properties, and WHEREAS, the purpose of the property maintenance standards are to improve and enhance the aesthetic environment of the City, and WHEREAS, Vice Mayor Robert Stephens, III, is proposing an amendment to the property maintenance Code to increase the beautification standards for commercial businesses, and WHEREAS, specifically, the proposed amendment will prohibit certain security and obstructive materials from accompanying commercial business window openings, thus providing a clearer and cleaner exterior view of the commercial business, and WHEREAS, pursuant to Florida Statute 166.041, has attached a Business Impact Estimate to this proposed ordinance as Exhibit “A”, and WHEREAS, Vice Mayor Robert Stephens, III, recommends that the City Council amend Chapter 16, Article III of the City of Miami Gardens Code of Ordinances to create Section 16-61 entitled “Window Openings”, 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 as follows: Sec. 16-61. – Window Openings. Window openings of commercial buildings shall not be equipped with opaque grates, security bars, or opaque metal grills. Shutters shall only be permitted to block Docusign Envelope ID: 62560E34-3213-4E70-B715-7F655A3210D2 Page 2 of 3 Ordinance No. 2025-004-484 the exterior window of the commercial business during or in immediate anticipation of a natural disaster. Commercial businesses which currently have opaque grates, security bars, or opaque metal grills accompanying window openings, shall remove such materials prior to June 1, 2026. The City Manager shall have the authority to extend the timeframe for compliance for up to one (1) year upon good cause shown. 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 11TH DAY OF JUNE, 2025. PASSED ON SECOND READING ON THE 9TH DAY OF JULY, 2025 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JULY 9, 2025. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY Docusign Envelope ID: 62560E34-3213-4E70-B715-7F655A3210D2 Page 3 of 3 Ordinance No. 2025-004-484 SPONSORED BY: VICE MAYOR ROBERT STEPHENS, III Moved by: Councilman Leon Seconded by: Councilwoman Julien VOTE: 6-0 Mayor Harris Yes Vice Mayor Stephens, III Absent Councilwoman Baskin Yes Councilman Leon Yes Councilwoman Powell Yes Councilwoman Wilson Yes Councilwoman Julien Yes Docusign Envelope ID: 62560E34-3213-4E70-B715-7F655A3210D2