Legislative Matter

Miami-Dade Legislative Item
File Number: 112010

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Clerk's Official Copy

File Number: 112010

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 11-100

Control: Board of County Commissioners

File Name: SAME LEVEL OF MAINTENANCE OF RESIDENTIAL LOTS

Introduced: 9/26/2011

Requester: NONE

Cost:

Final Action: 12/6/2011

Agenda Date: 12/6/2011

Agenda Item Number: 7H

Notes:

Title:

ORDINANCE AMENDING SECTION 19-2 AND 19-13(A)(2) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO EXEMPT NATURAL LANDS AND TO REQUIRE THE SAME LEVEL OF MAINTENANCE OF RESIDENTIAL LOTS WHETHER IMPROVED OR UNIMPROVED; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 111847)

Indexes:

AMENDING CODE

Sponsors:	Sen. Javier D. Souto, Prime Sponsor
	Jean Monestime, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	12/6/2011	7H	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Bell noted her support for this ordinance, but inquired why a government or not-for-profit agency that held, owned or maintained property as a natural area would be exempted from the Code. Commissioner Souto noted some governmental agencies owned lands that contained large environmentally sensitive areas, such as swamp lands and pine forests, and the County’s expert staff requested this exemption. Mr. Charlie Danger, Director, Permitting, Environment and Regulatory Affairs, explained that the Department of Parks, Recreation and Open Spaces was responsible for maintaining environmentally sensitive lands and other indigenous areas that required a certain level of maintenance, and the property owners did not want to be tied to the same maintenance cycle as private landowners. He said staff needed to ensure that native plants were preserved, and they were amenable to the property owners’ requests to maintain their own lands. Mr. Danger responded to concerns raised by Chairman Martinez and other commissioners by reassuring them that this ordinance would not create double standards. He said he spoke with each Department Director to ensure their respective department would maintain their lands. He also noted the Chessie-Seaboard Xpress (CSX) was also exempted from the Code, and it was the only agency the County did not control in terms of maintaining lands held or owned. Hearing no further questions or comments, members of the Board proceeded to vote on the foregoing ordinance as presented.

Infrastructure and Land Use Committee	11/9/2011	1E3	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed ordinance into the record. Chairwoman Edmonson opened the public hearing for persons wishing to speak in connection with this ordinance. She closed the public hearing after no one appeared wishing to speak. Hearing no comments or questions, the Committee voted on the foregoing proposed ordinance as presented.

Board of County Commissioners	10/4/2011	4E SUBSTITUTE	Adopted on first reading		11/9/2011		P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. There being no questions or comments, the Commission proceeded to vote. The foregoing ordinance was adopted on first reading and scheduled for a public hearing before the Infrastructure and Land Use Committee on Wednesday, November 9, 2011 at 2:00 p.m.

Board of County Commissioners	10/4/2011		Tentatively scheduled for a public hearing	Infrastructure and Land Use Committee	11/9/2011

County Attorney	9/26/2011		Assigned	Thomas H. Robertson

County Attorney	9/26/2011		Referred	Infrastructure and Land Use Committee	11/9/2011

Legislative Text

TITLE
ORDINANCE AMENDING SECTION 19-2 AND 19-13(A)(2) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO EXEMPT NATURAL LANDS AND TO REQUIRE THE SAME LEVEL OF MAINTENANCE OF RESIDENTIAL LOTS WHETHER IMPROVED OR UNIMPROVED; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMIDADE COUNTY, FLORIDA:
Section 1. Section 19-2 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 19-2. Declaration of legislative intent.
* * *
That portion of any lot or parcel is exempt from the vegetative provisions of this chapter where that lot, or parcel is designated as a Natural Forest Community, Environmental Endangered Land, Native Plant Community, Native Habitat, or a wetland as defined and described in Section 24-3(151) of the Code of Miami-Dade County >>or is owned by a governmental agency or not for profit company and is held, owned or maintained as a natural area<<.

* * *

Section 2. Section 19-13 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 19-13. Maintenance of Lots in Residential-Zoned Districts.
(A) In accordance with Section 19-14, it shall be the responsibility of the responsible party for any lot in a residential-zoned district >>that is within 330 feet of a residential structure<< to regularly maintain their property to prevent the following:
(1) Storage or maintenance of junk, trash, abandoned property or solid waste on any lot;
(2) The growth or accumulation of any grass, weeds, non-native undergrowth or other dead plant life[[:
[[(a) on improved lots,]] that exceeds the height of twelve (12) inches from the ground for more than ten (10) percent of the area to be maintained[[;]]>>.<<
[[(b) on unimproved lots, that exceeds the height of eighteen (18) inches from the ground that occurs within one hundred (100) feet from the boundary line of any property with a building or structure or within one hundred (100) feet from the boundary line of any improved road. In the event that the remaining area constitutes less than twenty-five (25) percent of the total square footage of the lot then the entire lot shall require maintenance action.]]

* * *

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.