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HomeMy WebLinkAbout2023-006-462_-_Amendment_to_Property_Maintenance_Code_-_Adopted.docxORDINANCE NO. 2023-006-462 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 16, ARTICLE III, SECTION 16-57 ENTITLED “MAINTENANCE OF PROPERTY, BUILDINGS, STRUCTURES, WALLS, FENCES, SIGNS, PAVEMENT, LANDSCAPING AND DRAINAGE FACILITIES”; 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 has experienced an increase in the lack of management and maintenance of commercial properties throughout the City, and WHEREAS, the lack of maintenance on highly visited commercial structures has caused beautification in some of the City’s landmarks to deteriorate, and WHEREAS, it is proposed to amend the Code of Ordinances to include additional requirements for property maintenance for commercial structures within the City, and WHEREAS, the additional requirement will aid in cleaning, clearing, sanitizing the City’s commercial areas and maintain consistent beautification in highly visited areas of the City, and WHEREAS, Councilwoman Shannon Campbell recommends that the City Council amend Chapter 16, Article III, Section 16-57 entitled “Maintenance of property, buildings, structures, walls, fences, signs, pavement, landscaping and drainage facilities” to include an additional property maintenance requirement to commercial structures, 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 by revising Chapter 16, Article III, Section 16-57 entitled “Maintenance of property, buildings, structures, walls, fences, signs, pavement, landscaping and drainage facilities” as follows: Sec. 16-57. Maintenance of property, buildings, structures, walls, fences, signs, pavement, landscaping and drainage facilities. DocuSign Envelope ID: EF4ED36C-6C36-42A7-A500-2708D2C3C242 Page 2 of 3 Ordinance No. 2023-006-462 (i) All shopping centers, strip malls, grocery stores, restaurants or commercial establishments that sell takeout beverages or food shall provide a litter container near every entrance and at every 100 feet along any established pedestrian walkway within the footprint of such property. Litter containers shall be well designed and secured in a manner that will cause them to remain stationary where placed. They shall be maintained free of graffiti and overflow trash. Placement of the containers shall not interfere with access to the facilities by pedestrians or by individuals with disabilities, as required by the Americans with Disabilities Act Accessibility Guidelines in the Code of Federal Regulation, Title 36, Pt. 1191, App. A. The civil penalty for a violation of this section is $100.00. (j) All establishments that sell merchandise or food for take out, shall post an anti- litter sign in a prominently visible location outside the establishment, as well as at all drive through lanes for restaurants and retail sales establishments. All signs required under this section shall be a minimum of 14" by 14" in size and shall state: "Littering is Prohibited by Law - Punishable by a Minimum Fine of $250.00 per violation. (k) All shopping centers, strip malls, or commercial establishments with multiple tenants shall provide and maintain daily on-site maintenance personnel to ensure compliance with the City of Miami Gardens’ property maintenance standards. Pursuant to this subsection, property owners must provide and post the contact information for maintenance personnel in a conspicuous location on the property. Owners of commercial property must retain and, upon on the City’s request, furnish records of maintenance activity performed on the property. 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. DocuSign Envelope ID: EF4ED36C-6C36-42A7-A500-2708D2C3C242 Page 3 of 3 Ordinance No. 2023-006-462 PASSED ON FIRST READING ON THE 12th DAY OF JULY, 2023. PASSED ON SECOND READING ON THE 26th DAY OF JULY, 2023. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JULY 26, 2023. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: COUNCILWOMAN SHANNON CAMPBELL Moved by: Councilman Stephens Seconded by: Councilwoman Campbell VOTE: 6-0 Mayor Harris Yes Vice Mayor Wilson Yes Councilwoman Campbell Yes Councilwoman Ighodaro Yes Councilwoman Julien Absent Councilman Leon Yes Councilman Stephens, III Yes DocuSign Envelope ID: EF4ED36C-6C36-42A7-A500-2708D2C3C242