HomeMy WebLinkAboutH-1 Ordinance: Property MaintenanceCzty of ~I~liami ard~ens
~
1515-200 NW 167`t' Street
Miami Gardens, Florida 33169
A~enda Cover Pa P
Date: October 24, 2007
Fiscal Impact: No X Yes ^
(If yes, explain in Staff Summary) Public hearing ^
Funding Source: General Fund Ordinance X
Contract/P.O. Requirement: Yes ^ No X ~st Reading X
Sponsor Name/Department: Dr. Danny O. CrewACity INange~quirement:
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilman Oscar Braynon II
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilman Andre Williams
Quasi-Judicial ^
Resolution ^
2nd Reading o
Yes X No ^
RFP/RFQ/Bid # N/A
Title
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDE
AMENDING CITY ORDINANCE NUMBER 2005-13-51 DEALING WITH Sp FLORIDA,
MAINTENANCE; AMENDING SECTION 6 ENTITLED "ASSISTANCE OF MI ROPERTY
POLICE DEPARTMENT IN ENFORCEMENT"; AMENDING SECTION 12 AMI-DADE
"MAINTENANCE OF PROPERTY, BUILDINGS, STRUCTURES, WALLS, FENC ENTITLED
PAVEMENT AND LANDSCAPING , AMENDING SECTION 16 ENTITLED "PR
DISPLAy OF VEHICLES FOR SALE OR AS ADVERTISING ES, SIGNS,
SECTION ~ 7 OHIBITED
ENTITLED "CONSTRUCTION SITE SEC RI TYS ' AMENDING
REQUIREMENTS FOR DUMPSTER ENCLOSURES; RENUMBERING SECCREATING
THROUGH 22; TIONS 18
Staff Summary
On March 9th, 2005 the City Council adopted ordinance number 2005-13-61 in or
stringent standards for property maintenance within the City. As the City has ro
various enforcement related concerns have arisen involvin der to impose more
captured or addressed by the original ordinance. Staff has recommended g Wn and developed
additional requirements which further enhance the Cit 's ~ g property maintenance issues not initially
Y p operty maintenance egulations rifications and
These recommendations include requiring: that all property owners' maintain the r'
their property, as well as abutting easements, alley ways, and common areas; and th
maintain their drivewa a ight of way abutting
y pproaches. Additionally, the amended regulation imposes th ser~est ct onseon
all current and future zoning districts and requires that all repairs are to be com leted ~
applicable building, public works, and zoning codes. Finally, the amended p ode ~ compliance with
restrictions on the use of vehicles for advertising; construction site security; and im ose
that all dumpsters are to be kept in proper enclosures. reates additional
p s the requirement
Recommendation
It is recommended that the City Council adopt this ordinance, thereb furt
enforcement of proper property maintenance within the City.
Y her strengthening the
Attachment.
H-1) ORDINA,NCE
1 ST READING
PROPERTY MAINTENANCE
Ordinance No.
2 ORDINANCE NO.
3 ----
4 AN ORDINANCE OF THE CITY COUNCIL O
5 GARDENS, FLORIDA, AMENDING CITY ORD F THE CITY OF MIAMI
6 13-51 DEqLING INANCE NUMBER 2005-
~ SECTION g WITH PROPERTY
ENTITLED "ASSISTANCEM OF TENANCE; AMENDING
8 DEPARTMENT ~N MIAMI-DADE POLICE
9 ENTITLED ENFORCEMENT"; AMENDING SECTION 12
10 "MAINTENANCE OF
STRUCTURES, WqLLS, FENCES PROPERTY, BUILDINGS,
11 LANDSCAPING"• SIGNS, PAVEMENT
12 , AMENDING SECTION 16 ENTITLED "PROHIBITED
DISPLAy OF VEHICLES FOR SALE OR AS ADVERTISI
13 AMENDING SECTION 17 ENTITLED "CONS
14 CREATING TRUCTION SITE SECURITY"•
15 RENUMBERI GE4SECT ONSTS1 FOR
DUMPSTER ENCLOSURES;
16 ORDINANCES IN CONFLICT; PROV D NG GH 22;
17 PROVIDI N G F O R I N C L U S ION ~N A S E V E R A B IL YL C ~ q~SE
1 g E F F E C T I V E D A T E. C O D E; P R O V I D I N G FOR AN
19
20 WHEREAS, City of Miami Gardens, ado ted
21 order to impose more stringent stan p ordmance number 2005-13-61 in
dards for property maintenance within the City, and
22 WHEREAS, there have been various enforce
23 property rnaintenance issues not ca tur ment related concerns involving
p ed by the original ordinance and the City would
24 like to impose these additional requirements on the m'
aintenance of property located
25 within the City, and
26 WHEREAS, the City wishes to include in thes
e mamtenance actions, walls,
27 fences, signs, pavement, landscaping, improved and u' .
28 commercial properties, and construction site n~mproved lots, residential and
s, and
29 WHEREAS, enforcin
g proper maintenance efforts serves a public purpose in
30 keeping property operating in a safe, sanitary and litter-
31 neighborhood blight and the deterior • free manner to prevent
ation of neighborhood character,
32
33 NOW THEREFORE, BE IT ORDAINED BY T
HE CITY COUNCIL OF THE CITY
MG Property Maint Ord amend
1
of 14
Ordinance No.
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
2 SECTION 1. ADOPTION OF REPRESENTATIONS: The fore ~
3 Clauses are hereby ratified and confirmed as being true, and the same going Whereas
4 specific part of this Ordinance. are hereby made a
5
6 SECTION 2. AMENDING SECTION 6 ENTITLED "ASSISTAN
7 DADE POLICE DEPARTMENT IN ENFORCEMENT" as follow ~ CE OF MIAMI-
g s.
9 If the enforcement officer is unable to successfully remove any ro ert
10 seizure or removal under this Ordinance, the enforcement officer or his
11 representatives may secure the assistance of th p p y subject to
12 Police Department to effect the removal of the e Miami-Dade and/or M ami Gardens
13 p operty.
14 SECTION 3. AMENDING SECTION 12 ENTITLED "MAINTE
15 PROPERTY, BUILDINGS, STRUCTURES, WqLLS, FEN NANCE OF
16 AND LANDSCAPING" as follows: CES, SIGNS, PAVEMENT
17
ig (~) The owners of all lots, improved and unimproved, residential
19 industrial or an combination thereof within the City shall maintain s~ commercial,
20 any building structures (accessory or otherwise) walls, fences S~ a~d lots, including
21 landscape in good and safe condition, so as to present a health gnS' pavement and
22 appearance. All lots shail be kept free from any accumulation, stora elean and orderly
23 of garbage, junk, abandoned property, trash, litter, or solid waste. A~~' or maintenance
24 be maintained to minimize property damage and vegetation shall
25 removal of dying or dead lant material, public safety hazards, including
26 or removal of plant material obstructing sidewalks, str et li nhtng branchesl aa~ trimming
27 triangles. g ng and safe sight distance
28
29 (2) Every building, every accessory structure, including but not limi
30 carports, cabanas, storage buildings and swimmin ted to garages,
31 and every parking lot, drivewa deck g poo1s, every wall, fence and sign
32 the following requirements: y' ~ patio and other paved surtace shall comply with
33
34 (A.) Every foundation and footer, every exterior and interior
35 ceiling, window and door, every wall, fence and si n and Wall, roof, floor,
36 driveway, deck, patio and other paved surtace s all be S Very parking lot,
37 and main t a i n e d i n g o o d r e p a i r. t r u c t u r a l l y s o u n d
38
MG Property Maint Ord amend
2
of 14
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
5 (C.) Every exterior yard, parking lot, driveway and approach
pool and deck shall be kept in a clean and sanitary co d tion f ele from
6 junk, trash, rodents and vermin.
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(D•) The roof of every building and structure shall be maintained in a
waterproof condition and be well drained of rainwater. All roofs and
gutters shall be kept free of debris, mold, mildew and faded or chipped
paint and must be repainted, recovered or cleaned when twenty-five
(25%) percent or more of any exposed surtace becomes discolored or is
scaling.
(E.) All exterior surtaces subject to deterioration shall be properly maintained
and protected from the elements b
y paint or other approved coating,
applied in a workmanlike fashion. All exterior surtaces including walls,
trim, doors and signs shall be properly maintained in a clean and sanitary
condition, free of dirt, mold, mildew and faded or chipped paint, and must
be repainted, recovered or cleaned when twenty-five (25%) percent or
more of any exposed surtace becomes discolored or is peeling. Exterior
walls, rooftops, and other exterior features of structures shall be
maintained free of graffiti. Cracks holes and other similar dama e or
deterioration shall be re aired in accordance with annlicah~P ~~,~o~
(F.) Every parking lot, driveway and approach, deck or other paved surface
shatl be maintained free of cracks and
potholes, and any required
pavement markings shall be maintained in a clearly legible condition.
Repairs to parking and paved areas shall require prior permit approval of
the Development Services and Public Works Departments. Repairs shall
be defined as: application of seal coating, resurfacing parking or alteration
of paved areas, including the application of new striping. All work shall be
perFormed in accordance with the a licable
code s. Parking and paved areas shall be maintained free of
deterioration. Deterioration shall be defined as visible holes exceeding a
depth of two inches and more than 5 square inches in area, damaged
parking stops or missing striping or lot markings, including striping of
parking spaces, required striping and pavement markings for disabled
parking spaces, as well as access ramps and access paths for wheelchair
traffic. Parking areas and paved areas shall be maintained in accordance
with the approved site ptanl a~ as well as all aqproved public works,
building1 or zoning permits and all other applicable codes and laws.
(3) The owners of all improved lots within the City shall maintain the landscaping on
said lot in accordance with the following requirements:
MG Property Maint Ord amend
3
of 14
Ordinance No.
1 (A) Landscaping shall be maintained to prevent property damage and ublic
2 safety hazards, including removal of diseased dying or dead p lant
3 material, removai of branches hanging low over adjoining streets or
4 sidewalks, and trimming or removal of plant material obstructin
5 sidewalks, parking lot and street lighting, and safe sight distance trian lesg
6 g
~ (B) Landscaping should be kept free of visible signs of insects and disease
g and be irrigated and fertilized to maintain a healthy condition. Additionall
9 y'
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 (includin easements alle a s a
13 common areas) shall be mowed on a regular basis so that the~nArass d nd
14 not exceed eight (8) inches in height. It shall be the responsibil~it of eaes
15 owner of an improved lot to undertake maintenance action on t eir ~o ch
16 maintain clean a n d f r e e o f w e e d s, b r u s h an d undergrowth eve calend t o
1 ~ month.
18 rY a r
19 (D) All pavement areas shall be edge-trimmed to prevent encroachment
20 sod and ground covers. of
21
22 (E) Irrigation systems shall be maintained to
23 damaged, missing or improperly operating sprinkler heads, em tters a to
24 pipes. The irrigation system shall not over-s ra nd
25 sidewalks. P Y public roads or
26
27 (F) All lots should be maintained free of nuisance plant species, includin
28 not limited to Brazilian Pepper, Australian Pine, and Melaleuca. g but
29
30 (G) The property owner is responsible for replacing any plant material re u'
31 by this Code which has died or been removed. q ired
32
33 (H) Roots that show evidence of damaging structures, utilities, streets
34 sidewalks or other paved areas shall be removed and a
35 barriers shall be installed. ppropriate root
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 excee
41 the height of twelve (12) inches from the ground that occurs within ods
42 hundred and fifty (150) feet from the boundary line of an ne
43 building or structure or within one hundred and fifty (150) feet f om th a
44 bounda ry lin e o f a n y i m p r o v e d r o a d. I n t he event that the remainin ar h e
4 5 constitutes le s s t h a n t w e n t - f i v e 2 5 9 e a
4 6 the lot then th e e n t i r e l o t s h a l l r e q u i r e m ea n t nanceeact oln puare foota ge o f
MG Property Maint Ord amend
4
of 14
Ordinance No.
1
2 (B) All unimproved lots shall be kept free from any accumulation of
3 construction debris, garbage, trash or litter. It shall be the responsibility of
4 each owner of an improved lot to undertake maintenance action on his or
5 her lot every calendar month.
6
~ (C) Any vegetation shall be maintained to minimize property damage and
g public safety hazards, including removal of dead plant material removal of
9 low-hanging branches, and trimming or removaf of plant material
10 obstructing sidewalks, street lighting and safe sight distance triangles.
11
12 (D) All cleared lots shall be maintained in a condition to prevent blowing sand
13 or dust and erosion onto ad'oinin
14 bodies. Lots that have beenJclea ed aelrtbe cl aned of any demolit on
15 debris.
16
1~ (E) All unimproved lots that have been the subject of two or more code
1 g enforcement actions, within any 12 month period, involving illegal
19 dumping, illegal vending, unauthorized vehicle sales, and/or other similar
20 violative conditions shall be subject to the following:
21
22 1. Said property shall be fully enclosed with either a naturat barrier or
23 berm, CBS concrete wall, wood wall or coated chain link.
24
25 2. No CBS, concrete wall, wood wall or coated chain link shall be
26 on vacant property closer than five (5') feet from front or sidepst eet
27 property lines at the discretion of the Director.
28
29 3. The area befinreen the fence and the side street property lines shall
30 contain a continuous extensively landscaped buffer that must be
31 maintained in a good healthy condition by the property owner. The
32 landscaped buffer shall contain one or more of the following planting
33 materials at the discretion of the Director.
34
35 a. Shrubs and Hedges -- shall be a minimum of three (3') in height
36 when measured immediately after planting.
37
38 b. Vines -- shall be a minimum of 36 inches in height.
39
40 c. Trees shall a have a minimum height of ten (10') feet with a clear
41 trunk of four (4') feet at time of planting. Trees shall be spaced 20'
42 on center.
43
44 (5) It shall be the responsibility of the owner of property in
45 anv~ district a~ that is adjacent to a City right-of-way to maintain the swale that
MG Property Maint Ord amend
5
of 14
Ordinance No.
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abuts their property. Such swale or ri ht of wa shall be maintained in accordan
the Citv Code of Ordinances.
(6) It shall be the responsibility of the property owner to maintain their propert in
accordance with the provisions of this section. Where applicable, tenants or less es
may receive enforcement notices in connection with enforcement; however, the property
owner is ultimately responsible for compliance.
(7) Open-air storage in residential-zoned and commercial-zoned districts is sub'ect
to the following provisions: ~
(A) Open-air storage in a residential zoned district including but not limited to
the following items and materials is prohibited:
2
3.
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9.
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. Junk, as defined in this Ordinance.
Merchandise or manufacturing materials. Evidence of one or more of
the following shall create a rebuttable presumption that merchandise
or manufacturing materials are being stored on the premises:
Multiple boxes of uniform appearance bearing shipping labels;
Multiple articles of similar type in unused condition, including without
limitation raw materials for manufacturing furniture and computer
components;
Pallets containing multiple boxes;
Commercial equipment, including without limitation vending
machines.
Motor vehicle parts, including without limitation automobile engines
and transmissions.
Household furniture, including without limitation sofas and recliners.
Construction materials, including without limitation lumber and
cement blocks.
Construction and demolition equipment, including without limitation
cement mixers, jack hammers, and roof tar pots, provided, however,
that light-use equipment customarily used for do-it-yourself home
repair, including without limitation hand tools, power tools, and table
saws, shall not be prohibited.
Commercial Storage containers; except that PODs or other similar
temporary moving aids shall be removed within thirty (30) calendar
days.
All other outside storage of any similar items and materials.
Properties with bona fide agricultural uses shall be exempt from this
subsection.
The above listed restrictions are in addition to and cumulative with
the City Zoning code.
Open Air-Storage on commercial zoned property shall be governed
by the City Zoning Code.
MG Property Maint Ord amend
6
of 14
Ordinance No.
1 (8) The property owner shall be required to maintain his or her ro ert
2 drive ways, sidewalks, alley wavs, easemPnt~ p p Y(parking lot,
3 right-of-way areas free and clear of litter and arti les. Abutt ng area)shall bel def ned a g
4 the public right-of-way immediately abutting the premises. The area to be maintained S
5 shall be from the edge of pavement to the property line and shail include sidewalk areas
6 and swales.
7
g (9) All shopping centers, strip malis, 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 intertere 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, q. 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 shatl state: "Litterin is
23 Prohibited by Law- Punishable by a Minimum Fine of $250.00 per violation. g
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 solel as an
32 advertising device in a parking lot or nearby right-of-way, or driven ulled or ot erwise
33 transported on an street. Any vehicle, trailer or other mobile article that remains in the
34 same parked location for more than 72 hours, or routinel arked in a manner so as to
35 appear as a sian, 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 b the
42 owner. Vehicle owners shall be responsible for all fines, towing fees, storage fe s, and
43 any administrative and enforcement fees that result from the enforcement of this
44 section.
45
MG Property Maint Ord amend
7
of 14
Ordinance No.
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1 SECTION 5 AMENDING SECTION 17 ENTITLED "CONSTRUCTION SITE
2 SECURITY" is amended as foilows:
3 A. The owner, occupant or user of a construction site shall not engage in an
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.
B. The owner, occupant or user of construction site shall secure the site from
unauthorized access.
with a six foot screened fence to be installed accordin to the Florida g all be secured
The type of screenina shall be annrnvP~ h" +he ~;~.. ~~__ _ ._ dm Code.
7:
his/her desianee
0
ki
e
1~ C. The owner, occupant or user of construction site shall keep all access roads t
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
24 Bureau, the owner, occupant or user of a construction site shall comply with the
21 requirements Florida Building Code, by taking atl 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
24 any section of the South Florida Building Code shall not fail or neglect to prom t~ or
25 comply unless otherwise provided by the Florida Building Code. p y
26 F. Parking of any construction vehicle or construction employee vehicles shall eithe
27 be on the site as defined herein, or at a public parking lot or along a public street where r
28 parking is permitted. Parking at any other site, unless permitted by the City in writin i
29 strictly prohibited and shall result in a fine of $250.00 per day. g' S
30 G. Construction sites must be maintained so as to reduce the production of dust th
31 may negatively impact surrounding properties. User or contractor shall be res onsible at
32 for taking necessary preventative and or corrective action to eliminate and or educe
33 blowing sands, soil, and or dust thru means a
34 designee including but not limited to the use of wrate t r~ucksea It roved sceeeninls a
35 other dust hindering devices or applications. pp g nd
MG Property Maint Ord amend
g
of 14
Ordinance No.
1 H• It shall be the joint responsibility of the owner of an
2 construction is occurring and any contractor responsible for saide onstuct on~ch
3 that all construction materials, waste and trash are contained upon the ro ert~ ensure
4 Additionally: p p y
5 ~. The property owner and contractor are responsible for ensur'
6 streets and sidewalks adjoining the construction site remain ~ng that all
~ construction materials, debris or waste. free of any
8
9 2. All construction waste and debris shall be kept within container
10 specifically designated area that is fenced or otherwise enclos S or within a
11
ed.
12 3. Upon a warning of severe weather, the contractor is r
13 securing loose construction material and debris. esponsible for
14
15
16 SECTION 6 CREATING SECTION 18 ENTITLED "DUMPSTER
17 ENCLOSURES."
1 g ~ All dum sters shall be maintained in an enclosure with the service a
19 ate s closed exce t when bein serviced b a commercial refuse/ arba nd access
20 when bein used to access the dum ster. Additionall all dum sters shal e collector or
21 followin manner: I be ke t in the
22 A.. All dum sters shall have attached lids. Dum ster lids shall b
23 at all times when the dum ster is not bein used or serviced, e ke t closed
24 B• Containment of arba e:
25 ~. Garba e and trash shall be laced inside the dum st
26 or around the dum ster or the enclosure. Loose arba e aner and not on
27 view is a violation of this Code a health hazard and aestheti~ctrash in lain
28 undesirable. The ro ert owner shall be res onsible for kee all
29 enclosure and surroundin area litter arba e and/or trash-fr n the
30 times.
ee at all
31 2. It shall be a violation of the Cit Code of Ordinances to a
32 dum ster to be filled to over ca acit so that the dum ster lid i~~ow the
33 from fully c~ I_ oS~ s revented
34 C.. Dum ster enclosures shall be ke t in ood re air at all times
35 D. The location on site of a dum ster enclosure shall re uire th
36 approval of the Development Services De artment. e rior
MG Property Maint Ord amend
9
of 14
Ordinance No.
1 2 S ecifications materials and location of enclosure
2 A. Placement.
3 ~~ A dum ster shali be ke t in a lace easil accessible to authorizec
4 collection vehicles at all times and no service shall be iven to those
5 lacin or ermittin ob~ects round level or overhead obstructions or
6 vehicles to hinder in an wa whatsoever the servicin of bulk container~
~ b authorized collection vehicles. Unless in a ublic ri ht-of-wa for
g ur oses of collection onl all dum sters shall be laced within an
9 a roved enclosure
10 2. It shall be unlawful for an erson to lace or store or allow to b
11 laced or stored a dum ster u on or in an ublic street alle or ri h-e _
12 wa • rovided however that such container or rece tacle ma be lat of
13 in the ublic ri ht-of-wa durin the collection/em t in rocess. ced
14 B. Dum ster s ace desi nation and enclosure re uirement:
15 All real ro ert in an zonin classification utilizin dum sters shall
16 rovide an enclosure of a size that would ermit the movin in or ou
1~ the dum ster without dama e to the enclosure and the enclosure hei of
1 g shall be a minimum of 12 inches above the dum ster. ht
19 C. Approved enclosure•
20 All enclosures shall consist of mason concrete or wood walls.
21 Enclosures shall have a ate for collection e ui ment access and m
22 also have a ate for other user access. All walls and ates shall be to
23 o a ue so as to revent the dum ster from bein visible or in lain vi tall
24 In eneral enclosures shall be consistent with materials and architec eW
25 st le of rinci le buildin s. Enclosures shall be constructed of one tural
26 followin materials: ~f the
27 ~ ~ Masonrv walls~
28 All exterior faces of the wall shall be finished and of rofessional uali
29 such as stucco refinished blocks stacked block and struck 'oints
30 shadow blocks ainted or similarl installed in a workmanlike manner.
31 2 Concrete walls:
32 Precast concrete walls of ualit deemed acce table to the Develo m
33 Services De~artment ent
34 3. Wood fencina•
MG Property Maint Ord amend
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of 14
Ordinance No.
1
2 Wood fences shall be made of suustantial durak
3 a The thickness of the wood which i
4 inches~
5 b
6 Wood must be ressure treated or
rotects the wood from the elements and
~ ~~ Maintenance:
g Approved enclosures shall be maintained in aood rnn~~,
9 appearance at all times so as to allow for coliection of m
10 odors
11 E. Gates:
12 Dum ster enclosure ates ma be constructed of wood r
13 steel frame chain link fence with o a ue inserts steel a
14 o a ue materials installed in com liance with the Buildin
15 upon openinq may not swinq into the riaht ~f w
16 stops that are functional m the full open anc~ ~i~ a~a„ d+r
1~ shall be stron and durable such that access and servicin
1 g function ro erl . All ates for edestrian access shall be
19 inches in width and no less than 36 inches in width. Enclo
20 closed at all times exce t for the time necessa to servic~
21 Maze st le o enin s shall be ermitted in lace of a ede
22 maze st le o enin is an o a ue wall or fence that can bE
23 48 inches and no less than 36 inches from the enclosure c
24 minimum len th of 1 1/2 times in len th of the o enin anc
25 u on the o enin . Enclosure o enin s shall be no more th
26 and no less than 36 inches in width.
27 F~ Setbacks:
28 ~• All dum ster enclosure walls and/or fences sl
29 minimum of five feet f
res qo
iore tr
ates
bulk c
~ acce
ited nc
n anc
Ilbec
8 inch~
30 ad'oinin residential u es unlessl not ~h s callal osas and 1
~ h I.. • ,..,.
S
31 2. A minimum of five feet from ublic and rivate
32 not phvsicallv aossih~P
33 G. Garbaae containers•
34 1. All rece tacles and bulk containers which rece
35 waste or food from food-handlin o erations includin~
MG Property Maint Ord amend
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inirr
a
Ordinance No.
1 bakeries meat rocessin lants restaurants or an busin
2 establishment where it is determined that arba e li uid ess
3 be accumulated shall have a oured to rade level concrWaste or foo
4 available dum ster site shall have facilities for washin ~ete slab. If
5 abilit to drain to an acce table sanita dis osal s stem, ontainers an
6 aforementioned facilities are available or can be reason If the
~ then the dum ster shall have washout lu s. For ur o abl installed
g storm drains shall not be considered as an acce table S es of this artic
9 s stem.
anita dis os~
10 2. If no suitable drain rease tra or sanita dis o
11 available the dum ster containers shall be sealed so t Sal s stem is
12 on the ad or round. Dum ster collection shall be fre hat no li uid et;
13 to kee odors to a minimum. Odors shall also be ke t auent enou h so
14 throu h artificial means such as maskin a ents or v~ t a minimum
15 available to handle odors. Containers shall be constru atever roducts <
16 with the indust standards and must be a roved b ated in accordanc
1~ standar d s o f s u b~ e c t r e u l a t i n a encies. n d m e e t t h e
1 g H• All dum sters and trash rece tacles must com I with ~
19 for the followin~: this article exce t
20 ~• Dum sters/rece tacles located in ro erl scre
21 Those screened from ublic wa s with a minimum S~ ened service ard;
22 and/or suitable dense landsca in as a roved b t X feet hi h fence
23 Services De artment . The dum sters/rece tacles ue Develo ment
24 from the Nublic's view st not be visible
25 2• Dum sters/rece tacles located at ermitted co
nstruction sites.
26 3. Dum sters/rece tacles not visible from the ubli '
27 residential areas and/or the ublic's view. c ri ht-of-wa
28
29
30 SECTION 7 AMENDING SECTIONS 18 THROUGH 22 as foll
ows:
31 Each sectian fo!(owing the newly created section 18 entitled "Dum ste
p r Enclosures" shall
32 be re-number appropriately.
33
34 SECTION 8 CONFLICT All ordinances or Code provisions in
35 hereby repealed. conflict herewith are
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Ordinance No.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
1
2
3 SECTION 9 SEVERAgILITY If any section, subsectio
4 0-' portion of this Ordinance is for any reason held ' n~ sentence, clause, phrase
5 of competent jurisdiction, such o. ~nvalid or unconstitutional by any court
p rtion shall be deemed a separate, distinct and
6 independent provision and such holding shall not affect t
he validity of the remaining
~ portions of this Ordinance.
8
SECTION 10 INCLUSION IN THE CODE It is the intention of
the City of Miami Gardens that the provisions of this the City Council of
Ordinance shall become and be made
a part of the Code of Ordinances of the City of Miami Gardens and th
Ordinance may be renumbered or relettered and the at the sections of this
word "Ordinance" may be changed to
"Chapter," "Section," "Article" or such other appropriate word or
shall accomplish the intentions herein ex ress • phrase, the use of which
p ed, provided, however, that Section 1 hereof
or the provisions contemplated thereby shall not be codified.
SECTION 11 EFFECTIVE DATE This Ordinance shall
immediately upon its final passage. become effective
PASSED ON FIRST READING ON THE 24T" DAY OF OCTOBER
PASSED AND ADOPTED on second readin th' ~ 2007.
g ~s __ day of __, 2p07
ATTEST:
MG Property Maint Ord amend
SHIRLEY GIBSON, MAYOR
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Ordinance No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
RONETTA TAYLOR, CMC, CITY CLERK
Reviewed by SONJA K. DICKENS ESQ.
City Attorney
SPONSORED BY: Danny O. Crew Citv Manaqer
MOVED BY:
VOTE:
Mayor Shirley Gibson
Vice Mayor Barbara Watson
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Oscar Braynon, II
Councilman Andre Williams
Councilwoman Sharon Pritchett
(Yes)
(Yes)
(Yes)
(Yes)
(Yes)
(Yes)
_(Yes)
(No)
(No)
(No)
(No)
(No)
(No)
_(No)
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