2000-22 ORDINANCE NO. 2000-22
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER
30, "ENVIRONMENT," BY CREATING ARTICLE VI,
"PROPERTY MAINTENANCE," PROVIDING FOR
PROPERTY MAINTENANCE STANDARDS; PROVIDING
FOR SEVERABIMTY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR PENALTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30, "Environment," of the City Code of the City of
Aventura is hereby amended by creating Article VI, "Property Maintenance," to read as
follows:
Article VI. Property Maintenance.
Sec. 30-190. Grass, Weeds, Plant Growth, and Debris.
(1) It shall be unlawful for any owner or occupant of any
lot, parcel or tract of land within the city, whether said lot,
parcel, tract of land is improved or unimproved (the "owner
and occupant"), to permit weeds, grass or undergrowth to
.qrow or accumulate thereon to a height of twelve (12) inches
except for the first one hundred (100) feet in depth from the
property line which shall not exceed a height of eight (8)
inches or more from the ground, or to permit tree branches
that are below a height of seven (7) feet above the ground,
or to permit rubbish, trash, debris, dead trees and/or plants,
growth of noxious plants or weeds, or to permit unsightly or
unsanitary matter to remain thereon, or to permit the
existence of depressions or excavations or any other
condition on such premises wherein water may accumulate
and stand and to make possible the propagation of
mosquitoes therein.
(2) It shall be the duty of all owners and occupants of
single family or multi-family (of four or less units) improved or
unimproved property to maintain in good condition the non-
paved area between their property line and the street curb or
Ordinance No. 2000-22
Page 2
ed,qe of the paved road known as the swale area.
Maintenance of the swale area shall include keeping the
area free of holes, debris, hidden dangers or other
obstructions and the grass or weeds at a hei,qht of no more
than eight (8) inches.
(3) Upon failure or refusal by the owner and/or occupant
of any lot, parcel, tract of land or swale area within the city,
whether said lot, parcel, tract of land or swale area is
improved or unimproved, to keep such premises as set forth
in this Section, the City Mana,qer or his or her designee shall
,qive notice, to the owner and/or occupants, if any, of such
property to comply with the requirements of this Section
within twenty (20) days after service of such notice.
(4) The City Manager or his or her designee shall, by
certified mail addressed to the owner if the property is
unoccupied, or to the owner and/or occupant if the property
is occupied, of any lot, parcel, tract of land or swale area to
be cleared or tree(s) to be pruned or otherwise brought into
compliance with this Section, at the address of such owner
as contained in the rolls of the tax assessor, notify such
owner and/or occupant of the intent of the City to clear such
lot, parcel, tract of land or swale area and/or prune the
tree(s) or otherwise bring into compliance with this Section
and impose a lien thereon for the costs of such work
together with an administrative fee of one hundred dollars
($100.00) per lot, parcel, tract of land or swale area, should
the owner and/or occupant fail to do so within twenty (20)
days from the service of such notice. In the event the lot,
tract, or parcel of land or swale area is unoccupied and the
address of the owner is unknown, service of the notice shall
be made upon the owner by mailing to the property owner as
listed on the County tax rolls and by posting the same on
such lot, tract or parcel of land. The notice shall contain the
legal description of the lot, parcel, tract of land or swale area.
The notice shall be in substantially the followin,q form:
"DATE:
TO: (name of owner and/or occupant)
(address of owner and/or occupant)
Our records indicate you to be the owner and/or occupant of
the following property in the City of Aventura:
Ordinance No. 2000-22
Page 3
(description of property)
An inspection of this property discloses that it is in such
condition to be in violation of Chapter 30, Article VI of the
Code of Ordinances of the City of Aventura in that it (state
nature of violation).
Chapter 30, Article VI of the Code of Ordinances of the City
of Aventura makes it unlawful for you to allow this condition
to continue and you are hereby notified that unless this
condition is remedied within twenty (20) days from the date
hereof, the City of Aventura will proceed to remedy such
condition and the costs of such work together with an
administrative fee of one hundred dollars ($100.00) per lot,
parcel, tract of land or swale area cleared will be imposed as
a lien upon the above described property.
Please be governed accordin,qly.
City Manager or designee"
(5) Upon failure of the owner and/or occupant of such
premises to remedy the condition existing in violation of the
requirements of this Section within twenty (20) days after
service of notice to do so as provided herein, the City
Manager or his or her designee shall proceed to have such
conditions remedied and the cost thereof shall be and
become a lien against such property thirty (30) days after
notice of completion of the work by the city, to the same
extent and character as the lien for special assessments and
with the same penalties and with the same rights of
collection, foreclosure, sale and forfeiture as obtained for
special assessment liens. The unpaid lien shall accrue
interest at the same rate provided for iud.qment liens.
Sec. 30-191. Property Maintenance.
(1) The purpose of this section is to protect the public
health, safety and welfare by establishing minimum
standards .qovernin,q 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 South
Florida Buildin.q Code.
Ordinance No. 2000-22
Page 4
(2) 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
unsi,qhtly conditions, which include, but are not limited to, the
following:
(a) No building, structure, or part thereof shall be erected
or used, in whole or in part, in any manner that is obnoxious,
a nuisance or hazard to adioinin,q properties as it relates to
sound, vibrations, odors, glare, toxic materials, smoke, and
particulate matter.
(b) Brush, weeds, broken glass, .stumps, roots, obnoxious
,qrowths, or filth, or excessive garbage, trash and debris shall
not be permitted on the premises.
(c) Dead and dying trees and limbs or other natural
growth which, by reason of rotting or deteriorating conditions
or storm damage, constitute a hazard to persons in the
vicinity thereof shall be removed. Trees shall be kept
reasonably pruned and trimmed at all times to prevent such
conditions.
(d) Loose and overhanging obiects which, by reason of
location above ground level, constitute a danger of falling on
persons in the vicinity thereof shall not be permitted.
(e) Holes, excavations, breaks, proiections, obstructions
on paths, walks, driveways, parkin,q lots and parkin,q areas
and other parts of the premises which are accessible to the
public shall not be permitted. Holes and excavations shall
be filled and repaired, walks and steps replaced and other
conditions removed where necessary to eliminate hazards or
unsanitary conditions.
(f) Adequate runoff drains shall be provided and
maintained to eliminate any recurrent or excessive
accumulation of storm water.
(,q) Any source of infestation, defined as the presence of
insects, rodents, vermin or other pests on the premises
which constitute a health hazard, shall be eliminated by
state-regulated pest control methods.
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Ordinance No. 2000-22
Page 5
(h) Foundation walls shall be kept structurally soundI free
from defects and damage and capable of bearing imposed
loads safely.
(i) The exterior of the premises, the exterior of structures
and the condition of accessory structures shall be
maintained. Buildings and appurtenances, including all
exterior wells, roofs, eaves and gutters shall be cleaned,
painted or repaired regularly and as required to present a
neat appearance. Unsightly conditions such as stains,
graffiti, discolorations, chipped or faded paint, cracked walls,
rot, mildew or any other deterioration of a structure's
exterior must be corrected. The outside building wells shall
not have any holes, loose boards, or any broken, cracked or
damaged finish which admits rain, dampness, rodents,
insects or vermin. Every roof, roof gutter, flashing, rainweter
conductor and roof cornice shall be weather and rain-tight
and shall be kept in good repair and neat appearance.
(i) Lawns, hedges, trees1 plants, ground covers and all
other landscaping components shall be maintained in a
healthy, neatly trimmed fashion. Dead or unhealthy portion
of lawns or swales in public view must be resodded. In no
case will trees, hedges or other foliage visually or physically
obstruct the right of way. In general, all unsightly conditions
must be corrected.
(k) Sidewalks and driveways shall be maintained free of
litter, stains, cracks, debris or obstructions of any kind.
Asphalt driveway surfaces shall be maintained to present a
smooth, sealed, and uniformly-colored appearance.
(I) Parking lots and areas shall be kept in good repair,
properly and distinctly marked and clear of litter and debris.
Broken curbing or wheelstops shall be replaced or repaired.
(m) Signs shall be cleaned or repaired regularly and as
required to present a neat appearance and to ensure signs
are facing the direction in which they were permitted or
intended to face.
(n) Building and sign illuminating elements shall be
replaced as required to maintain the effect for which they
were designed.
Ordinance No. 2000-22
Page 6
(o) Any awnin.q or marquee and its accompanying
structural members which extend over any street, sidewalk
or other portion of the premises shall be maintained in a
good state of repair. In the event such awnings or marquees
are made of cloth, plastic or of a similar material, such cloth
or plastic, when exposed to public view, shall not show
evidence of excessive weathering, discoloration, ripping,
tearinq or other holes. Nothing herein shall be construed to
authorize any encroachment on streets, sidewalks or other
parts of the public domain or adjacent private property.
(p) All fences, walls, and retaining walls shall be kept in
good repair and maintained and replaced as needed so as to
be in compliance with applicable City ordinances and to
present a uniform, consistent, and well maintained
appearance. Such maintenance activities shall include, but
are not limited to, repair or replacement of broken masonry,
stone, bricks, boards, slats, supports, posts, cap stones,
rails, and crossroads. Fences and walls must not lean more
than 10-15 degrees from vertical. Fences must be free of
rust, chips, snags, tears, bent or broken slats and must be
appropriately painted or coated ,at all times.
(q} All garbage cans1 mechanical equipment, building
supplies1 lawn maintenance equipment, and other similar
items shall be located or screened so as not to be visible
from streets. Boats, trailers, and recreational vehicles that
are visible from the street must be maintained in good
condition.
(r} At a location visible from the sidewalk, street or other
public area there shall be no storage of equipment and
materials relating to commercial or industrial use, including,
but not limited to, shopping carts (except as stored at the
store premises}, dumpsters, and maintenance equipment.
Nothing herein shall be construed to penalize activities
immunized pursuant to Sec. 506.5131(2}, Fla. Stat.,
concemin,q shopping carts.
(s) There shall be no open outside stora,qe of materials,
supplies, products, equipment or machinery or recreational
or marine vehicles, except automotive vehicles, relating to
commercial or industrial use, unless the area used for such
outside storage is effectively screened from direct view at
ground level from any street or from any adjacent property.
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Ordinance No. 2000-22
Page 7
(3) If, in the opinion of the Code Compliance Officer, a
violation of this section exists, the Code Compliance Officer
shall notify the owner or occupant of such violation and .qive
the owner or occupant 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.
(4) 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 owner or
occupant 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 desiqnee that the violations
present an immediate or serious health or safety hazard to
the public. The City Manager or his or her desi.qnee may
proceed as provided in para.qraphs (5)-(8), below.
(5) The City Manager or his or her desi,qnee shall .qive
written notice to the owner of record of such real property at
his/her last known address, as shown by the then current ad
valorem tax rolls of the County Appraiser's Office, of the
specific condition constituting the violation of this section and
demand that the owner cause such condition to be remedied
within twenty (20) days after the mailin.q of such notice. The
mailing of the notice shall be by certified mail, return receipt
requested. If the mailing address of the owner is not known,
and the property is unoccupied, the notice may be posted
upon the property in a conspicuous place, and such posting
shall be deemed notice to the owner thereof. The notice
shall advise the owner that, unless the condition is remedied
in twenty (20) days, the City shall take action to have the
condition corrected at the owner's expense, including
reasonable administrative expenses, costs and attorney's
fees. The costs of such expenses, costs and attorney's fees
shall be, and are hereby imposed as, a municipal lien,
equivalent in dignity and priority to a special assessment
lien, against the land if not discharged by payment in full
from thirty (30) days of when due, and shall accrue interest
at the same rate provided for iud.qment liens.
(6) The property owner may, within ten (10) days after
the mailing of the notice as provided above or the service or
Ordinance No. 2000-22
Page 8
posting thereof, file a written request with the City Clerk for a
hearing before the Special Master to show that such
condition does not exist, or why the condition should not be
remedied by the City at the owner's expense. Upon the
receipt of such request for hearing, the City Manager or his
designee shall set the matter down for hearing on the next
regularly scheduled hearing date, or as soon thereafter as
practicable and shall notify the property owner by mail of the
date and time of such hearing.
(7) If the violation of this section has not been corrected
within twenty (20) days after the mailing or service or posting
of the notice as provided above, or if, upon request for a
hearing, there is an unfavorable decision by the Special
Master, adverse to the property owner,, after notice to the
property owner of the unfavorable decision, the violation
shall be remedied by the City and or by any independent
contractor acting on behalf of the City, at the expense of the
property owner, such expense to include reasonable
administrative expenses, filing costs and attorney's fees in
addition to the cost of the labor and materials needed to
correct the violations. To the fullest extent allowed by law
and in order to protect the health, welfare and safety of the
citizens of the City, the City Manager or his/her designee is
granted the power and authority to enter onto private
property for the purpose of enforcing this Section.
(8) Upon correction of the violation by the City, the City
shall cause a lien to be filed in the Public Records of the
County against such real property for the total sum of all
costs to the City, to the same extent and character as a lien
for special assessments and with the same penalties and
with the same rights of collection, foreclosure, sale and
forfeiture as obtained for special assessment liens. Unpaid
liens shall accrue interest at the same rate provided for
iud,qment liens.
Section 30-192. Florida Litter Law.
The City's Code Enforcement officers are hereby designated
by the City Commission to enforce the provisions of "the
Florida Litter Law," Section 403.413, Florida Statutes.
Section 2. 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
Ordinance No. 2000-22
Page 9
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 3. 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 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.
Section4. Penalty. Any person who violates any provision 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 be subject to enforcement under the Local Government Code
Enforcement Act, Chapter 162, Florida Statutes, 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 Beskin, who moved its
adoption on first reading. The motion was seconded by Commissioner Rogers-Libert, and,
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Ordinance No. 2000-2_~2
Page 10
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Commissioner P. ogers-Lfbert ,
who moved its adoption on second reading. The motion was seconded by Commissioner
Cohen , and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Pedow ,/es
Mayor Arthur I. Snyder
PASSED on first reading this 1~t day of August, 2000.
PASSED AND ADOPTED on second reading this 5th day, )f September, 2000.
AF~.TAqU'R I. SNYDE'R
A'I-FEST:
TIC~ESA M. SOROI~, CM~- '
Ci'I-Y CLERK · ~
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY~-ATTORNEY
10