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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. ********************************************************* 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, ******************************************************** 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; Page 2 of 5 Added language is underlined. Deleted language is stricken through. 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. Page 3 of 5 Added language is underlined. Deleted language is stricken through. 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 Page 4 of 5 Added language is underlined. Deleted language is stricken through. 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 Page 5 of 5 Added language is underlined. Deleted language is stricken through. Ordinance No. 2021-002-432