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2009-32-204 - Amending the Property Maintenance Ordinance City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 28, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Building and Code Compliance Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 12 (4(A) AND (B) OF ORDINANCE NO. 2005‐31, THE “PROPERTY MAINTENANCE ORDINANCE”; DELETING SECTION 18 AMENDING SECTIONS 19 THROUGH 21 TO AMEND AND MERGE THE SAME; AND RENUMBERING THE REMAINDER OF THE ORDINANCE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE Staff Summary: In accordance accordance with Ordinance No. 2005‐13‐51, as amended, the City adopted a Property Maintenance Ordinance to impose standards for property maintenance in the City. Since that time the Code Compliance Division has encountered many cases where property owners are neglecting their properties allowing the landscaping to become overgrown thereby creating a nuisance to adjoining property owners. The City is required to abate these nuisances on a more frequent basis, by mowing and removing debris from these properties. The abatement of the above‐mentioned nuisances can take 60 ‐90 days under the existing process, which in turn increases the cost to the city and eventually the homeowner as the cost of clearing is tied to the severity of the overgrowth that exists on the property. As such, staff is recommending that the City amend the Property Maintenance ordinance to make it easier for the City to abate these nuisances in an expedited manner, while still providing due process to property owners. ITEM I-4) ORDINANCE SECOND READING/PUBLIC HEARING Amending the Property Maintenance Ordinance 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Old Procedure Day Total Warning Notice Period 7 Civil Violation Notice Period 7 Special Master Hearing Period 60 Total days to possibly abate nuisance 74 New Procedure Day Total Notice to Owner 8 Total days to possibly abate nuisance 9 Proposed Action: That City Council approve the attached ordinance amending the City’s property maintenance provisions. Attachments: None