Ordinance No. 2016-03 Amending Code Section 30-191 Property Maintenance to Require Enhanced Drainage - March 1, 2016 ORDINANCE NO.2016-03
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; AMENDING THE CITY CODE BY AMENDING
CHAPTER 30 "ENVIRONMENT", BY AMENDING
ARTICLE VI "PROPERTY MAINTENANCE"; AT
SECTION 30-191 "PROPERTY MAINTENANCE", BY
REVISING PARAGRAPH (B)(6) THEREOF TO REQUIRE
ENHANCED DRAINAGE AT PARKING LOTS ON
COMMERCIAL PROPERTIES AND ON PAVED AREAS
OF SUCH COMMERCIAL PROPERTIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR PENALTY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission finds that it is necessary, as provided herein, to
bolster existing City regulations in order to better assure that the owners and operators of
commercial properties take action to improve drainage and reduce flooding in commercial
property parking lots and on commercial property paved areas; and
WHEREAS, the City Commission has held the required public hearing, duly noticed in
accordance with law; and
WHEREAS, the City Commission finds that this proposed Ordinance serves to further
enhance the protection of the public health, safety and welfare.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS':
Section 1. Recitals Adopted. That each of the above stated recitals is hereby
adopted and confirmed.
Section 2. City Code Amended. That Chapter 30 "Environment", of the City Code,
is hereby amended by amending Article VI "Property Maintenance", at Section 30-191 "Property
Maintenance", by amending paragraph (b)(6)thereof, to read as follows:
Underlined provisions constitute proposed additions to existing City Code text.Stfikethrough provisions constitute proposed deletions from
existing City Code text.
City of Aventura Ordinance No. 2016-03
ARTICLE VI. PROPERTY MAINTENANCE
***
Section 30-191. Property Maintenance
(a)
The purpose of this section is to protect the public health,safety and welfare by establishing minimum
standards governing the maintenance,appearance and condition of residential and non-residential
premises;to fix certain responsibilities and duties upon owners and occupants;and to fix penalties for the
violation of this section.Permits may be required as provided by the Florida Building Code.
(b)
The exterior of the premises and all structures within the City of Aventura shall be kept free of all
nuisances and any hazards to the safety of the occupant,pedestrians, and other persons utilizing the
premises and free of unsanitary conditions. It shall be the duty of the owner and/or occupant to keep the
premises free of hazards and unsafe and/or unsightly conditions,which include,but are not limited to,the
following:
***
(6) Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive
accumulation of stormwater. Further,all parking lots on commercial properties and other
commercial property paved areas shall be maintained in a good state of repair,which shall
include proper drainage and the routine cleaning/clearing of drains by the property owner,
occupant and/or operator to prevent the accumulation of pools of water and the correction and
removal of all ruts,potholes,and broken pavement. The property owner, occupant and/or
operator of any parking lots which serve commercial properties and the property owner,
occupant or operator of other commercial property paved areas shall not allow the accumulation
of stagnant water in excess of two(2)inches in depth for a period of time exceeding twelve(12)
hours.The term"stagnant water"is defined for the purposes of this paragraph as an
accumulation of water,whether from rain or other sources,regardless of volume or dimensions,
which is not moving or not flowing,or is substantially motionless, and may become foul,stale
or may promote the breeding of mosquitoes or other insects.
***
(c)
If,in the opinion of the Code Compliance Officer,a violation of this section exists,the Code Compliance
Officer shall notify the ownerror occupant or operator of such violation and give the owner,or occupant
or operator reasonable time to correct the violation,as provided for in the City Code,as it may be
amended from time to time. If the violation is not corrected within the specified time period,the Code
Compliance Officer may proceed in accordance with Chapter 2,Article V of the City Code.
(d)
Notwithstanding the provisions of Chapter 2,Article V,City Code,if a violation of this section continues
after the Code Compliance Officer has ordered and cited the owners of occupant or operator to correct
such violations,the Community Development Director may recommend to the City Manager that the
violations be corrected by the City if it is determined by the City Manager or his or her designee that the
violations present an immediate or serious health or safety hazard to the public. The City Manager or his
or her designee may proceed as provided in paragraphs(e)—(h),below.
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City of Aventura Ordinance No. 2016-03
***
Section 3. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 4. Inclusion in the Code. That it is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be made a part
of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section"or other appropriate word.
Section 5. Penalty. That any person who violates any provisions of this Ordinance
shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the
County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a
violation continues shall be deemed a separate violation. This Ordinance shall also be subject to
enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as
amended, and City Code Section 2-331, et. seq., as amended. Enforcement may also be by suit
for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction or as
authorized by Section 162.22, F.S.
Section 6. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
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City of Aventura Ordinance No.2016-03
The foregoing Ordinance was offered by Commissioner Weinberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Holzberg, and upon
being put to a vote,the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on second reading. This motion was seconded by Commissioner Cohen and upon
being put to a vote,the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
PASSED on first reading on this 2nd day of February, 2016.
PASSED AND ADOPTED on second reading on this 1st day of March, 2016.
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City of Aventura Ordinance No. 2016-03
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ID WEISMAN, M OR
ATTEST:
ELLISA L. HORVA , i C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
AEC/ hi?
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this ( day of JQh2016.
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