2000-26 ORDINANCE NO. 2000-26
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING CHAPTER 30 "ENVIRONMENT"
BY AMENDING ARTICLE V "TERMITE DAMAGE
PREVENTION" BY AMENDING SECTION 30-t80
"TERMITES; DEVELOPMENT OF LAND; ANNUAL
INSPECTION;" TO CLARIFY AND CONFIRM
APPLICABILITY TO ALL SINGLE FAMILY, DUPLEXES,
TOWNHOUSES, AND MULTI-FAMILY BUILDINGS,
AND TO REQUIRE CERTAIN HOMEOWNERS
ASSOCIATIONS TO NOTIFY INDIVIDUAL
HOMEOWNERS OF HOMEOWNERS' RESPONSIBILITY
FOR COMPLIANCE WITH ANNUAL TERMITE
INSPECTION REQUIREMENTS; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTY;
PROVIDING FOR EFFECTIVE DATE.
WHEF ',EAS, the City Commission finds that it is necessary to amend Section 30-
180 "Termite s; Development of Land; Annual Inspection" of the City Code so as to
clarify and c( ~nfirm the applicability of the provisions of that Section to all single family,
duplex, town louses and multi-family buildings, and to provide for certain homeowners'
associations to be responsible for notifying individual homeowners of the necessity to
provide for a~ }nual termite inspections; and
WHEF ',EAS, the City Commission finds that this ordinance is consistent with the
Comprehens ve Plan of the City of Aventura and will further assist in serving to mitigate
the potential "or damage to be inflicted by termites, including Formosan termites.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CIT' t' OF AVENTURA, FLORIDA, AS FOLLOWS:
Secti¢ ,n 1. That the City Code of the City of Aventura is hereby amended by
amending hapter 30 "Environment" by amending Article V "Termite Damage
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Page 2
Prevention" amending Section 30-180 "Termites; Development of Land; Annual
Inspection" t, read as follows:~
Se,:tion 30-180. Termites; Development of Land; Annual
Ins )ection.
(a) Jpon 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
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 wes applied.
(b) Commencing from and after January 1, 2000, each residentially
develeped bui!d!,".g dwelling (including single-family, duplex,
townhouse, and multi-family buildings) 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 residential building or commercially
developed building for termite activity or damage (including
activity or damage from Formosan termites).
1. Except as otherwise specified below, the owner of each such
residential building or commercially developed building shall
be responsible for providing for the inspection by a State
licensed pest control professional.
2. In the case of cooperative buildings or residential dwellings,
the cooperative owners association shall be the party
responsible for providing for such inspection.
3, In the case of condominiums, the condominium association
shall be the party responsible for providing for such
inspection.
4. As to buildings or dwellings for which it has the authority to
provide termite treatment, the homeowners association shall
be jointly responsible with the owner for providing such
inspection. As to any building or dwelling, including single-
! / Additio~ ~ to existing text are shown by underline; deletions are shown by
Ordinance N~ 2000-26
Page 3
family, duplex and townhouse, for which it does not have the
authority to provide termite treatment, the homeowners
association shall be required to annually notify each owner
of a sin,qle-family, duplex or townhouse dwelling unit of the
inspection requirements of this Section, pursuant to a form
provided by City, Such notification shall be provided by mail
or hand delivery at least 30 days before the start of the
annual inspection, period described in paragraph (c) below.
(c) 'he 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.
{cl) The Community Development Department shall periodically
compile the results of termite inspection reports furnished to it
}ursuant to this Section.
Secfi( 1 2. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby or( lained that the provisions of this Ordinance shall become and made a part of
the Code of lhe City of Aventura; that the sections of this Ordinance may be renumbered
or reletterec to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
Sec'tic n 3. Severability. The provisions of this Ordinance are declared to be
severable an, if any section, sentence, clause or phrase of this Ordinance shall for any
reason be he ~ to be invalid or unconstitutional, such decision shall not affect the validity of
the remainir sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in ffect, it being the legislative intent that this Ordinance shall stand
notwithstanc lg the invalidity of any part.
Secti¢ n 4. Penalty. Any person who violates any provisions of this Ordinance
shall, upon 3nviction, be punished by a fine not to exceed $500.00. Each day that a
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Page 4
violation con! ~ues shall be deemed a separate violation. This Ordinance shall also be
subject to ertl 3rcement under the Local Government Code Enforcement Act, Chapter 162,
F.S., as amef ~ded, and City Code Section 2-331, et. seq., as amended. Enforcement may
also be by su it for declaratory, injunctive or other appropriate relief in a court of competent
jurisdiction.
Secticn 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on ~cond reading.
The regoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on rst reading. The motion was seconded by Commissioner Cohen, and upon
being put tovote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
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 'egoing Ordinance was offered by Commissioner Rogers-Libert, who moved
its adoptionsecond reading. The motion was seconded by Commissioner Cohen, and
upon being to a vote, the vote was as follows:
;ommissioner Arthur Berger yes
;ommissioner Jay R. Beskin yes
;ommissioner Ken Cohen yes
;ommissioner Harry Holzberg yes
;ommissioner Patricia Rogers-Libert yes
lice Mayor Jeffrey M Perlow yes
Mayor Arthur I. Snyder yes
PASSI-'_D AND ADOPTED on first reading this 1 st day of August, 2000.
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Page 5
PASS D AND ADOPTED on second reading this 5th day of September, 2000.
ARTFIUR I. SNY. DER, IV~YOR
ClTY CLERK . /
APPROVED~ TO FORMAND
LEGAL SUFFIClENCY:
CITY ATTOF NEY
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