2000-07 ORDINANCE NO. 2000-07
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING CHAPTER 30 "ENVIRONMENT"
BY CREATING ARTICLE V "TERMITE DAMAGE
PREVENTION" CONSISTING OF SECTION 30-180
"TERMITES; DEVELOPMENT OF LAND; ANNUAL
INSPECTION;" PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR PENALTY; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission finds that termites, including Formosan
termites, have the potential to cause great damage to property; and
WHEREAS, the City Commission finds that the land development regulations
provided by this Ordinance will serve to mitigate the potential for damage to be inflicted
by termites, including Formosan termites; and
WHEREAS, the City Commission finds that this Ordinance is consistent with the
Comprehensive Plan of the City of Aventura.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That the City Code of the City of Aventura is hereby amended by
amending Chapter 30 "Environment" by creating Article V "Termite Damage Prevention"
consisting of Section 30-180 "Termites; Development of Land; Annual Inspection" to
read as follows:
Section 30-180. Termites; Development of Land; Annual
Inspection.
(a) Upon commencement of residential or commercial
development upon any vacant parcel of land in the
City, the owner of such parcel shall cause the
property to be treated for the prevention of termite
damage (including Formosan termites) and shall
Ordinance No. 2000-07
Page 2
provide a certification of treatment to the Building
Official of the City, on a form provided by City, prior to
the issuance of a certificate of occupancy by the City's
Building Official. The certification of treatment shall
specifically identify the treatment system which was
applied.
(b) Commencing from and after January 1, 2000, each
residentially developed building in the City and each
commercially developed building in the City consisting
of more than 10,000 square feet of floor area shall be
required to have an annual inspection of the building
for termite activity or damage (include activity or
damage from Formosan termites). The owner of such
building shall be responsible for providing for the
inspection by a State licensed pest control
professional. In the case of cooperative buildings, the
cooperative owners association shall be the party
responsible for providing for such inspection. In the
case of condominiums, the condominium association
shall be the party responsible for providing for such
inspection. As to buildings for which it has the
authority to provide termite treatment, the
homeowners association shall be jointly responsible
with the owner for providing such inspection. The
annual inspection shall be conducted at any time
between the period of May 1 to July 31 of each year.
Within ten days of completion of the annual inspection
a copy of the report thereof shall be provided by the
responsible party to the City's Community
Development Department on a form provided by City.
(c) The Community Development Department shall
periodically compile the results of termite inspection
reports furnished to it pursuant to this Section.
Section 2. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and 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.
Ordinance No. 2000-07
Page 3
Section 3. Severability. 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. Penalty. Any person who violates any provisions of this Ordinance
shall, upon conviction, be punished by a fine not to exceed $500.00. 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.
Section 5, Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved
its adoption on first reading. The motion was seconded by Commissioner
Cohen, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patdcia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder yes
Ordinance No. 2000~).Z_
Page 4
The foregoing Ordinance was offered by Commissioner ])e]~lo-,~ ,
v,~ho moved its adoption on second reading. The motion was seconded by Commissioner
]:]olzber~z , and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen yes
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow ;~es
Commissioner Patricia Rogers-Liber~ 7es
Vice Mayor Arthur Berger )-es
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 4th day of January, 2000.
PASSED AND ADOPTED on second reac~_~g this 7th day March, 2000.
ARTHUR' I. SNYDER
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK ~
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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