HomeMy WebLinkAboutI-1 Ordinance: Property MaintenanceCit of ~VLiami C~ard~ens
y
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Date: November 14`h, 2007
Fiscal Impact: No X Yes o
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilman Oscar Braynon II
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilman Andr~ Williams
Agenda Cover Page
Public hearing ^
(~f yes, explain in Staff Summary) Ordinance X
Funding Source: General Fund 1st Reading
ContracUP.O. Requirement: Yes a No X Advertising requirement:
Sponsor Name/Department: Dr. Danny O. Crew, City Manger
Quasi-Judicial ^
Resolution ^
2nd Reading X
Yes X No 0
RFP/RFQ/Bid # NIA
Title
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
AMENDING CITY ORDINANCE NUMBER 2005-13-51 DEALING WITH PROPERTY
MAINTENANCE; AMENDING SECTION 6 ENTITLED "ASSISTANCE OF MtAMI-DADE
POLICE DEPARTMENT IN ENFORCEMENT"; AMENDING SECTION 12 ENTITLED
"MAINTENANCE OF PROPERTY, BUILDINGS, STRUCTURES, WALLS, FENCES, SIGNS,
PAVEMENT AND LANDSCAPING"; AMENDING SECTION 16 ENTITLED "PROHIBITED
DISPLAY OF VEHICLES FOR SALE OR AS ADVERTISING DEVICES"; AMENDING
SECTION 17 ENTITLED "CONSTRUCTION SITE SECURITY"; CREATING
REQUIREMENTS FOR DUMPSTER ENCLOSURES; RENUMBERING SECTIONS 18
THROUGH 22;
Staff Summary
On March 9t'', 2005 the City Council adopted ordinance number 2005-13-61 in order to impose more
stringent standards for property maintenance within the City. As the City has grown and developed
various enforcement related concerns have arisen involving property maintenance issues not initially
captured or addressed by the original ordinance. Staff has recommended several clarifications and
additional requirements which further enhance the City's property maintenance regulations.
These recommendations include requiring: that all property owners' maintain the right of way abutting
their property, as well as abutting easements, alley ways, and common areas; and that property owners'
maintain their driveway approaches. Additionally, the amended regulation imposes these restrictions on
all current and future zoning districts and requires that all repairs are to be completed in compliance with
applicable building, public works, and zoning codes. Finally, the amended code creates additional
restrictions on the use of vehicles for advertising; construction site security; more specific requirements
for no littering signs; and imposes the requirement that all dumpsters are to be kept in proper enclosures.
Recommendation
It is recommended that the City Council adopt this ordinance, thereby further strengthening the
enforcement of proper property maintenance within the City.
Attachment. I-1) ORDINANCE
2ND READING
PROPERT MAINTENANCE
Ordinance No.
1 ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
5 GARDENS, FLORIDA, AMENDING CITY ORDINANCE NUMBER 2005-
6 13-51 DEALING WITH PROPERTY MAINTENANCE; AMENDING
7 SECTION 6 ENTITLED "ASSISTANCE OF MIAMI-DADE POLICE
8 DEPARTMENT IN ENFORCEMENT"; AMENDING SECTION 12
9 ENTITLED "MAINTENANCE OF PROPERTY, BUILDINGS,
10 STRUCTURES, WALLS, FENCES, SIGNS, PAVEMENT AND
11 LANDSCAPING"; AMENDING SECTION 16 ENTITLED "PROHIBITED
12 DISPLAY OF VEHICLES FOR SALE OR AS ADVERTISING DEVICES";
13 AMENDING SECTION 17 ENTITLED "CONSTRUCTION SITE SECURITY";
14 CREATING REQUIREMENTS FOR DUMPSTER ENCLOSURES;
15 RENUMBERING SECTIONS 18 THROUGH 22; REPEALING ALL
16 ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
17 PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN
18 EFFECTIVE DATE.
19 .
20 WHEREAS, City of Miami Gardens, adopted ordinance number 2005-13-61 in
21 order to impose more stringent standards for property maintenance within the City, and
22 WHEREAS, there have been various enforcement related concerns involving
23 property maintenance issues not captured by the original ordinance and the City would
24 like to impose these additional requirements on the maintenance of property located
25 within the City, and
26 WHEREAS, the City wishes to inctude in these maintenance actions, walls,
27 fences, signs, pavement, landscaping, improved and unimproved lots, residential and
28 commercial properties, and construction sites, and
29 WHEREAS, enforcing proper maintenance efforts serves a public purpose in
30 keeping property operating in a safe, sanitary and litter-free manner to prevent
31 neighborhood blight and the deterioration of neighborhood character,
32
33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
MG Property Maint Ord amend
1 of 14
Ordinance No.
1 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
2 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
3 Clauses are hereby ratified and confirmed as being true, and the same are hereby made a
4 specific part of this Ordinance.
5
6 SECTION 2. AMENDING SECTION 6 ENTITLED "ASSISTANCE OF MIAMI-
7 DADE POLICE DEPARTMENT IN ENFORCEMENT" as follows:
8
9 If the enforcement officer is unable to successfully remove any property subject to
10 seizure or removal under this Ordinance, the enforcement officer or his designated
11 representatives may secure the assistance of the Miami-Dade and/or Miami Gardens
12 Police Department to effect the removal of the property.
13
14 SECTION 3. AMENDING SECTION 12 ENTITLED "MAINTENANCE OF
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
PROPERTY, BUILDINGS, STRUCTURES, WALLS, FENCES, SIGNS, PAVEMENT
AND LANDSCAPING" as follows:
(1) The owners of all lots, improved and unimproved, residential1 a~ commercial,
industrial and combination thereof within the City shall maintain said lots, including any
building structures (accessory or otherwise) walls, fences, signs, pavement and
landscape in good and safe condition, so as to present a healthy, clean and orderly
appearance. All lots shall be kept free from any accumulation, storage, or maintenance
of garbage, junk, abandoned property, trash, litter, or solid waste. All vegetation shall
be maintained to minimize property damage and public safety hazards, including
removal of dying or dead plant material, removal of low-hanging branches1 a~ trimming
or removal of plant material obstructing sidewalks, street lighting and safe sight distance
triangles.
(2) Every building, every accessory structure, including but not limited to garages,
carports, cabanas, storage buildings and swimming pools, every wall, fence and sign
and every parking lot, driveway, deck, patio and other paved surface shall comply with
the following requirements:
(A.) Every foundation and footer, every exterior and interior wall, roof, floor,
ceiling, window and door, every wall, fence and sign and every parking lot,
driveway, deck, patio and other paved surFace shall be structurally sound
and maintained in good repair.
MG Property Maint Ord amend
2of14
Ordinance No.
1 (B.) Every building and structure shall be kept in a clean and sanitary condition
2 free from junk, trash, rodents, insects and vermin.
3
4 (C.) Every exterior yard, parking lot, driveway and approach, patio, swimming
5 pool and deck shall be kept in a clean and sanitary condition free from
6 junk, trash, rodents and vermin.
7
8 (D.) The roof of every building and structure shall be maintained in a
9 waterproof condition and be well drained of rainwater. All roofs and
10 gutters shall be kept free of debris, mold, mildew and faded or chipped
11 paint and must be repainted, recovered or c~eaned when finrenty-five
12 (25%) percent or more of any exposed surface becomes discolored or is
13 scaling.
14
15 (E.) All exterior surFaces subject to deterioration shall be properly maintained
16 and protected from the elements by paint or other approved coating,
17 applied in a workmanlike fashion. All exterior surfaces including walls,
1 g trim, doors and signs shall be properly maintained in a clean and sanitary
19 condition, free of dirt, mold, mildew and faded or chipped paint, and must
2p be repainted, recovered or cleaned when twenty-five (25%) percent or
21 more of any exposed surface becomes discolored or is peeling. Exterior
22 walls, rooftops, and other exterior features of structures shall be
23 maintained free of graffiti. Cracks holes and other similar damaqe or
24 deterioration shall be repaired in accordance with applicable codes.
25
26
(F.)
Every parking lot, driveway and approach, deck or other paved surface
27 shall be maintained free of cracks and potholes, and any required
28 pavement markings shall be maintained in a clearly legible condition.
29 Repairs to parking and paved areas shall require prior permit approval of
30 the Development Services and Public Works Departments. Repairs shall
31 be defined as: application of seal coating, resurfacing parking or alteration
32 of paved areas, including the application of new striping. All work shall be
33 performed in accordance with the applicable
34 code s. Parking and paved areas shall be maintained free of
35 deterioration. Deterioration shall be defined as visible holes exceeding a
36 depth of finro inches and more than 5 square inches in area, damaged
37 parking stops or missing striping or lot markings, including striping of
38 parking spaces, required striping and pavement markings for disabled
39 parking spaces, as well as access ramps and access paths for wheelchair
40 traffic. Parking areas and paved areas shall be maintained in accordance
41 with the approved site planl a~ as well as all approved public works,
42 buildingl or zoning permits and all other applicable codes and laws.
43
44 (3) The owners of all improved lots within the City shall maintain the landscaping on
45 said lot in accordance with the following requirements:
46
MG Property Maint Ord amend
3of14
Ordinance No.
1 (A) Landscaping shall be maintained to prevent property damage and public
2 safety hazards, including removal of diseased dying or dead plant
3 material, removal of branches hanging low over adjoining streets or
4 sidewalks, and trimming or removal of plant material obstructing
5 sidewalks, parking lot and street lighting, and safe sight distance triangles.
6
7 (B) Landscaping should be kept free of visible signs of insects and disease,
8 and be irrigated and fertilized to maintain a healthy condition. Additionally,
9 existing landscaping shall be irrigated, cultivated, and otherwise
10 maintained as required by the site plan or City Code whichever controls.
11
12 (C) Lawns and other sodded areas (includinq easements, alleyways, and
13 common areas) shall be mowed on a regular basis so that the grass does
14 not exceed eight (8) inches in height. It shall be the responsibility of each
15 owner of an improved lot to undertake maintenance action on their lot to
16 maintain clean and free of weeds, brush and undergrowth every calendar
17 month.
18
19 (D) All pavement areas shall be edge-trimmed to prevent encroachment of
20 sod and ground covers.
21
22 (E) Irrigation systems shall be maintained to prevent water loss due to
23 damaged, missing or improperly operating sprinkler heads, emitters and
24 pipes. The irrigation system shall not over-spray public roads or
25 sidewalks.
26
27 (F) All lots should be maintained free of nuisance plant species, including but
28 not limited to Brazilian Pepper, Australian Pine, and Melaleuca.
29
30 (G) The property owner is responsible for replacing any plant material required
31 by this Code which has died or been removed.
32
33 (H) Roots that show evidence of damaging structures, utilities, streets,
34 sidewalks or other paved areas shall be removed and appropriate root
35 barriers shall be installed.
36
37 (4) The owners of all unimproved lots, including cleared lots, shall maintain said lots
38 in accordance with the following requirements:
39
40
(A)
On all unimproved lots, grass, weeds, and/or undergrowth that exceeds
41 the height of finrelve (12) inches from the ground that occurs within one
42 hundred and fifty (150) feet from the boundary line of any property with a
43 building or structure or within one hundred and fifty (150) feet from the
44 boundary line of any improved road. In the event that the remaining area
45 constitutes less than finrenty-five (25) percent of the total square footage of
46 the lot then the entire lot shall require maintenance action.
MG Property Maint Ord amend
4of14
Ordinance No.
(B) All unimproved lots shall be kept free from any accumulation of
construction debris, garbage, trash or litter. It shall be the responsibility of
each owner of an improved lot to undertake maintenance action on his or
her lot every calendar month.
(C) Any vegetation shall be maintained to minimize property damage and
public safety hazards, including removal of dead plant material removal of
low-hanging branches, and trimming or removal of plant material
obstructing sidewalks, street lighting and safe sight distance triangles.
(D) All cleared lots shall be maintained in a condition to prevent blowing sand
or dust and erosion onto adjoining properties, rights of way and water
bodies. Lots that have been cleared shall be cleaned of any demolition
debris.
(E) All unimproved lots that have been the subject of two or more code
enforcement actions, within any 12 month period, involving illegal
dumping, illegal vending, unauthorized vehicle sales, and/or other similar
violative conditions shall be subject to the following:
1. Said property shall be fully enclosed with either a natural barrier or
berm, CBS concrete wall, wood wall or coated chain link.
2. No CBS, concrete wall, wood wall or coated chain link shall be placed
on vacant property closer than five (5') feet from front or side street
property lines at the discretion of the Director.
3. The area between the fence and the side street property lines shall
contain a continuous extensively landscaped buffer that must be
maintained in a good healthy condition by the property owner. The
landscaped buffer shall contain one or more of the following planting
materials at the discretion of the Director:
a. Shrubs and Hedges -- shall be a minimum of three (3') in height
when measured immediately after planting.
b. Vines -- shall be a minimum of 36 inches in height.
c. Trees shall a have a minimum height of ten (10') feet with a clear
trunk of four (4') feet at time of planting. Trees shall be spaced 20'
on center.
(5) It shall be the responsibility of the owner of property in ' ' ~
anv zoninq district a-~ that is adjacent to a City right-of-way to maintain the swale area
MG Property Maint Ord amend
Sof14
Ordinance No.
1 which abuts their property. Such swale or riqht of way shall be maintained in
2 accordance with this code and the Public Works Manual.
3
4 (6) It shall be the responsibility of the property owner to maintain their property in
5 accordance with the provisions of this section. Where applicable, tenants or lessees
6 may receive enforcement notices in connection with enforcement; however, the property
7 owner is ultimately responsible for compliance.
8
9 (7) Open-air storage in residential-zoned and commercial-zoned districts is subject
10 to the following provisions:
11
12 (A) Open-air storage in a residential zoned district including but not limited to
13 the following items and materials is prohibited:
14
15 1. Junk, as defined in this Ordinance.
16 2. Merchandise or manufacturing materials. Evidence of one or more of
17 the following shall create a rebuttable presumption that merchandise
18 or manufacturing materials are being stored on the premises:
19 3. Multiple boxes of uniform appearance bearing shipping labels;
20 4. Multiple articles of similar type in unused condition, including without
21 limitation raw materials for manufacturing furniture and computer
22 components;
23 5. Pallets containing multiple boxes;
24 6. Commercial equipment, including without limitation vending
25 machines.
26 7. Motor vehicle parts, including without limitation automobile engines
27 and transmissions.
28 8. Household furniture, including without limitation sofas and recliners.
29 9. Construction materials, including without limitation lumber and
30 cement blocks.
31 10. Construction and demolition equipment, including without limitation
32 cement mixers, jack hammers, and roof tar pots, provided, however,
33 that light-use equipment customarily used for do-it-yourself home
34 repair, including without limitation hand tools, power tools, and table
35 saws, shall not be prohibited.
36 11. Commercial Storage containers; except that PODs or other similar
37 temporary moving aids shall be removed within thirty (30) calendar
38 days.
39 12. All other outside storage of any similar items and materials.
40 13. Properties with bona fide agricultural uses shall be exempt from this
41 subsection.
42 14. The above listed restrictions are in addition to and cumulative with
43 the City Zoning code.
44 15. Open Air-Storage on commercial zoned property shall be governed
45 by the City Zoning Code.
46
MG Property Maint Ord amend
6 of 14
Ordinance No.
1 (8) The property owner shall be required to maintain his or her property (parking lot,
2 drive ways, sidewalks, allev wavs, easements, and common areas), as well as abutting
3 right-of-way areas free and clear of litter and articles. Abutting area shall be defined as
4 the public right-of-way immediately abutting the premises. The area to be maintained
5 shall be from the edge of pavement to the property line and shall include sidewalk areas
6 and swales.
7
8 (9) All shopping centers, strip malls, grocery stores, restaurants or commercial
9 establishments that sell takeout beverages or food shall provide a litter container near
10 every entrance and at every 100 feet along any established pedestrian walkway within
11 the footprint of such property. Litter containers shall be well designed and secured in a
12 manner that will cause them to remain stationary where placed. They shall be
13 maintained free of graffiti and overFlow trash. Placement of the containers shall not
14 interfere with access to the facilities by pedestrians or by individuals with disabilities, as
15 required by the Americans with Disabilities Act Accessibility Guidelines in the Code of
16 Federal Regulation, Title 36, Pt. 1191, App. A. The civil penalty for a violation of this
17 section is $100.00.
18
19 (10) All establishments that sell merchandise or food for take out, shall post an anti-
20 litter sign in a prominently visible location outside the establishment, as well as at all
21 drive through lanes for restaurants and retail sales establishments. All signs required
22 under this section shall be a minimum of 14" by 14" in size and shall state: "Littering is
23 Prohibited by Law- Punishable by a Minimum Fine of $250.00 per violation.
24
25 SECTION 4 AMENDING SECTION 16 ENTITLED "PROHIBITED DISPLAY
26 OF VEHICLES FOR SALE OR AS ADVERTISING DEVICES."
27
28 (A) No vehicle shall be displayed for sale in a business or commercial premise unless
29 the parcel is zoned for such use and has a certificate of use for such use.
30
31 (B) No vehicle, trailer, or other mobile article shall be allowed to be used solely as an
32 advertising device in a parking lot or nearby right-of-way, or driven, pulled, or otherwise
33 transported on any street. Any vehicle, trailer or other mobile article that remains in the
34 same parked location for more than 72 hours, or routinelv parked in a manner so as to
35 a~pear as a siqn, and that contains commercial advertising or that meets the junk
36 criteria in this Ordinance shall be a prima facie violation of this subsection.
37
38 (C) All violations of this section shall be punishable by a fine in the amount of one
39 hundred dollars ($100.00) for the first vehicle on a first offense and five hundred dollars
40 ($500.00) per vehicle for each additional vehicle and any repeat violation of this section.
41 Any vehicle in violation of this section is subject to being towed if not removed by the
42 owner. Vehicle owners shall be responsible for all fines, towing fees, storage fees, and
43 any administrative and enforcement fees that result from the enforcement of this
44 section.
45
MG Property Maint Ord amend
7of14
Ordinance No.
SECTION 5 AMENDING SECTION 17 ENTITLED "CONSTRUCTION SITE
2 SECURITY" is amended as follows:
3 A. The owner, occupant or user of a construction site shall not engage in any
4 activity which poses a danger to persons located on or off the construction site, from
5 debris, materials or activities carried on at the construction site, and shall take
6 necessary precautions to secure same. A contractor engaging in work at a site or
7 pulling a building permit for a site constitutes a"user" of a site.
8 B. The owner, occupant or user of construction site shall secure the site from
9 unauthorized access. . . • ~ • -
10 . The site shall be secured
11 with a six foot screened fence to be installed accordinq to the Florida Buildinq Code.
12 The type of screeninq shall be approved bv the Citv Manaqer or his/her desiqnee. The
13 site shall be qated and locked between the hours of 7:00 p.m. of each dav to 7:00 a.m.
14 of the next day and/or whenever construction activity is not takinq place on the site. The
15 use of a securitv quard mav be required upon the determination of the City Manaqer or
16 his/her desiqnee.
17 C. The owner, occupant or user of construction site shall keep all access roads to
18 the construction site clear of debris for safe travel by authorized persons.
19 D. In the event that a hurricane watch is issued by the United States Weather
20 Bureau, the owner, occupant or user of a construction site shall comply with the
21 requirements Florida Building Code, by taking all steps necessary to secure the
22 construction site, including removal or securing of hazardous or loose objects.
23 E. Any person receiving notice from the City for failure to comply with this section or
24 any section of the South Florida Building Code shall not fail or neglect to promptly
25 comply unless otherwise provided by the Florida Building Code.
26 F. Parking of any construction vehicle or construction employee vehicles shall either
27 be on the site as defined herein, or at a public parking lot or along a public street where
28 parking is permitted. Parking at any other site, unless permitted by the City in writing, is
29 strictly prohibited and shall result in a fine of $250.00 per day.
30 G. Construction sites must be maintained so as to reduce the production of dust that
31 may negatively impact surrounding properties. User or contractor shall be responsible
32 for taking necessary preventative and or corrective action to eliminate and or reduce
33 blowing sands, soil, and or dust thru means approved by the City Manager or his
34 designee including but not limited to the use of water trucks approved screeninq, and
35 other dust hindering devices or applications.
MG Property Maint Ord amend
8of14
Ordinance No.
1 H. It shall be the joint responsibility of the owner of any property upon which
2 construction is occurring and any contractor responsible for said construction to ensure
3 that all construction materials, waste and trash are contained upon the property.
4 Additionally:
5 1. The property owner and contractor are responsible for ensuring that all
6 streets and sidewalks adjoining the construction site remain free of any
7 construction materials, debris or waste.
8
9 2. All construction waste and debris shall be kept within containers or within a
10 specifically designated area that is fenced or otherwise enclosed.
11
12 3. Upon a warning of severe weather, the contractor is responsible for
13 securing loose construction material and debris.
14
15
16 SECTION 6 CREATING SECTION 18 ENTITLED "DUMPSTER
17 ENCLOSURES."
18 (1) All dumpsters shall be maintained in an enclosure with the service and access
19 gate(s) closed except when beinq serviced by a commercial refuse/qarbaqe collector or
20 when beinq used to access the dumpster Additionally all dumpsters shall be kept in the
21 followinq manner: ~
22 A Dumpster lids shall be kept closed at all times when the dumpster is not
23 beinq used or serviced.
24 B. Containment of qarbaqe:
25 1 Garbaqe and trash shall be placed inside the dumpster and not on
26 or around the dumpster or the enclosure. Loose qarbaqe and trash in plain
27 view is a violation of this Code a health hazard, and aestheticallv
2g undesirable The property owner shall be responsible for keepinq the
29 enclosure and surroundinq area litter qarbaqe and/or trash-free at all
30 times.
31 2 It shall be a violation of the City Code of Ordinances to allow the
32 dumpster to be filled to over capacity so that the dumpster lid is prevented
33 from fully closinp.
34 C Dumpster enclosures shall be kept in qood repair at all times
35 D The location on site of a dumpster enclosure shall require the prior
36 approval of the Development Services Department.
MG Property Maint Ord amend
9of14
Ordinance No.
1 ~2) Specifications, materials and location of enclosure.
2 A. Placement.
3 1. A dumpster shall be kept in a place easily accessible to authorized
4 collection vehicles at all times and no service shall be qiven to those
5 placinq or permittinq obiects, ground level or overhead obstructions, or
6 vehicles, to hinder in any way whatsoever the servicing of bulk containers
7 y authorized collection vehicles. Unless in a public riqht-of-wav for
8 purposes of collection only, all dumpsters shall be placed within an
9 a~proved enclosure.
10 2. It shall be unlawful for any person to place or store, or allow to be
11 placed or stored, a dumpster upon or in any public street, alley or riqht-of-
12 way~ provided, however, that such container or receptacle mav be placed
13 in the public riqht-of-way durinq the collection/emptvina process.
14 B. Dumpster space desiqnation and enclosure requirement:
15 All real propertv in any zoninq classification utilizinq dumpsters shall
16 provide an enclosure of a size that would permit the movinq in or out of
17 the dumpster without damaqe to the enclosure and the enclosure heiqht
18 shall be a minimum of 12 inches above the dumpster.
19 C. Approved enclosure:
20 All enclosures shall consist of masonry, concrete or wood walls.
21 Enclosures shall have a qate for collection equipment access, and may
22 also have a gate for other user access. All walls and qates shall be totally
23 o~aque so as to prevent the dumpster from beinq visible or in plain view.
24 In qeneral enclosures shall be consistent with materials and architectural
25 stvle of principle buildinq(s). Enclosures shall be constructed of one of the
26 followinq materials:
27 1. Masonry walls:
28 All exterior faces of the wall shall be finished and of professional qualitv
29 such as stucco prefinished blocks, stacked block and struck ioints,
30 shadow blocks painted or similarlv installed in a workmanlike manner and
31 meeting with the approval of the Development Services Department.
32 2 Concrete walls:
33 Precast concrete walls of quality deemed acceptable to the Development
34 Services Department.
MG Property Maint Ord amend
10 of 14
Ordinance No.
1 3. Wood fencinq:
2
3 Substantial wood fences of durable species incorporatinq architectural
4 desiqn features to enhance appearance of quality and desiqn acceptable
5 to the Development Services Department. In makinq this determination,
6 consideration shall be qiven to:
~ a The thickness of the wood, which must be a minimum of 1/2
g inches;
9 b Whether the wood is pressure treated or has a finish that
10 protects the wood from the elements; and
11 c Minimum six inches bv six inches corner post and four
12 inches bv four inches intermediate posts of pressure treated
13 materials.
14 D. Maintenance:
15 Approved enclosures shall be maintained in qood condition, repair and
16 appearance at all times so as to allow for collection of materials and to eliminate
17 odors.
18 E. Gates:
19 Dumpster enclosure qates mav be constructed of wood mounted on a substantial
20 steel frame chain link fence with opaque inserts steel, aluminum or other
21 opaque materials which are installed in compliance with the Buildinq Code.
22 Servicinq qates upon openinq mav not swinq into the riqht-of-wav and shall
23 incorporate qate stops that are functional in the full open and closed positions.
24 Hinge assemblies shall be stronq and durable such that access and servicinq
25 gates do not saq and function properlv All qates for pedestrian access shall be
26 no more than 48 inches in width and no less than 36 inches in width. Enclosure
27 gates shall be closed at all times except for the time necessarv to service the
28 bulk container Maze style openinqs shall be permitted in place of a pedestrian
29 access qate A maze stvle openinq is an opaque wall or fence that can be
30 located no more than 48 inches and no less than 36 inches from the enclosure
31 openinq and must be a minimum lenqth of 1 1/2 times in lenqth of the openinq
32 and shall be centered upon the openinq Enclosure openinqs shall be no more
33 than 48 inches in width and no less than 36 inches in width.
34 F. Setbacks:
35 1 All dumpster enclosure walls and/or fences shall be located a
36 minimum of five feet from adioininq commercial areas and 10 feet from
3~ adjoininq residential uses unless not phvsically possible; and
MG Property Maint Ord amend
11 of 14
Ordinance No.
1 2. A minimum of five feet from public and private riqhts of wa uy nless
2 not phvsically possible.
3 G. Garbaqe containers:
4 1. All receptacles and bulk containers which receive qarbage, liquid
5 waste or food from food-handlinq operations, includinq, but not limited to,
6 bakeries, meat processinq plants, restaurants, or anv business
7 establishment where it is determined that garbaqe, liquid waste or food will
8 be accumulated, shall have a poured to arade level concrete slab. If
9 available, dumpster site shall have facilities for washina containers and
10 abilitv to drain to an acceptable sanitarv disposal system. If the
11 aforementioned facilities are available, or can be reasonably installed,
12 then the dumpster shall have washout pluqs. For purposes of this article,
13 storm drains shall not be considered as an acceptable sanitary disposal
14 s sy tem.
15 2. If no suitable drain, qrease trap or sanitary disposal system is
16 available, the dumpster containers shall be sealed so that no liquid qets
17 on the pad or qround. Dumpster collection shall be frequent enouqh so as
18 to keep odors to a minimum. Odors shall also be kept at a minimum
19 throuqh artificial means such as maskinq aqents or whatever products are
20 available to handle odors. Containers shall be constructed in accordance
21 with the industrv standards and must be approved by and meet the
22 standards of subiect requlatinq agencies.
23 H. All dumpsters and trash receptacles must comply with this article except
24 for the followinq:
25 1. Dumpsters/receptacles located in properly screened service yards.
26 ~Those screened from public ways with a minimum six feet hiqh fence
27 and/or suitable dense landscaping, as approved bv the Development
28 Services Department). The dumpsters/receptacles must not be visible
29 from the public's view.
30 2. Dumpsters/receptacles located at permitted construction sites.
31 3. Dumpsters/receptacles not visible from the public riqht-of-way,
32 residential areas and/or the public's view.
33
34 SECTI4N 7 AMENDING SECTIONS 18 THROUGH 22 as fallows:
35 Each section following the newly created section 18 entitled "Dumpster Enclosures" shall
36 be re-number appropriately.
MG Property Maint Ord amend
12 of 14
Ordinance No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
SECTION 8 CONFLICT
All ordinances or Code provisions in conflict herewith are hereby repealed.
SECTION 9 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 10 INCLUSION IN THE 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 sections 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; provided, however, that Section 1 hereof or the provisions contemplated
thereby shall not be codified.
SECTION 11 EFFECTIVE DATE
This Ordinance shall become effective immediately upon its final passage.
PASSED ON FIRST READING ON THE 24t" DAY OF OCTOBER, 2007.
PASSED AND ADOPTED on second reading this day of , 2007
SHIRLEY GIBSON, MAYOR
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
Reviewed by SONJA K. DICKENS ESQ.
City Attorney
SPONSORED BY: Danny O. Crew, City Manager
MOVED BY:
SECONDED BY:
MG Property Maint Ord amend
13 of 14
Ordinance No.
2
3
4
5
6
7
8
9
10
VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Barbara Watson (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
Councilman Aaron Campbell, Jr. (Yes) (No)
Councilman Oscar Braynon, II (Yes) (No)
Councilman Andre Williams (Yes) (No)
Councilwoman Sharon Pritchett (Yes) (No)
MG Property Maint Ord amend
14 of 14