Miami-Dade Legislative Item
File Number: 140050
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File Number: 140050 File Type: Ordinance Status: Adopted
Version: 0 Reference: 14-28 Control: Board of County Commissioners
File Name: SWALE MAINTENANCE Introduced: 1/9/2014
Requester: NONE Cost: Final Action: 3/4/2014
Agenda Date: 3/4/2014 Agenda Item Number: 7G
Notes: Title: ORDINANCE RELATING TO PROPERTY OWNERS’ RESPONSIBILITY TO MAINTAIN SWALES ADJACENT TO THEIR PROPERTIES; AMENDING SECTIONS 19-13 AND 19-14 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REQUIRE THE REPAIR AND RESTORATION OF SWALES; PROVIDING EXCEPTIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: SWALES
Sponsors: Juan C. Zapata, Prime Sponsor
  Dennis C. Moss, 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 3/4/2014 7G Adopted P

Land Use & Development Committee 2/13/2014 1F4 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Dennis Kerbel read the foregoing proposed ordinance into the record. Chairman Diaz opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. Chairman Diaz closed the public hearing after no one appeared wishing to speak, and the Committee members proceeded to vote on the foregoing ordinance, as presented.

Board of County Commissioners 1/22/2014 Tentatively scheduled for a public hearing Land Use & Development Committee 2/13/2014

Board of County Commissioners 1/22/2014 4E Adopted on first reading 2/13/2014 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Land Use and Development Committee on February 13, 2014. at 9:30 a.m.

County Attorney 1/9/2014 Referred Land Use & Development Committee 2/13/2014

County Attorney 1/9/2014 Assigned Jorge Martinez-Esteve

Legislative Text


TITLE
ORDINANCE RELATING TO PROPERTY OWNERS’ RESPONSIBILITY TO MAINTAIN SWALES ADJACENT TO THEIR PROPERTIES; AMENDING SECTIONS 19-13 AND 19-14 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REQUIRE THE REPAIR AND RESTORATION OF SWALES; PROVIDING EXCEPTIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY


WHEREAS, Section 19-13 and 19-14 of the Code of Miami-Dade County, Florida currently require property owners to maintain the swales adjacent to their properties, in residential and non-residential zoned districts, respectively; and
WHEREAS, these maintenance requirements have been interpreted to require only routine ongoing maintenance and not the repair and restoration of these swales and the vegetation contained therein in case of damage; and
WHEREAS, maintaining the vegetative cover within swales is important to provide drainage and prevent soil erosion, as well as for aesthetic purposes; and
WHEREAS, amending Section 19-13 and 19-14 of the Code of Miami-Dade County, Florida will ensure that swales within the County’s jurisdiction will be properly maintained,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. 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.

* * *

(B) It shall be the responsibility of the responsible party for property in a residential-zoned district and adjacent to a County right-of-way to maintain the swale area which abuts their property. >>Such maintenance responsibility shall include, but is not limited to, maintaining grass or other appropriate vegetation healthy and dense enough to provide filtering while protecting underlying soils from erosion, replacing vegetation where soils are exposed, and maintaining proper elevations within the swale.<<

Section 2. Section 19-14 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec 19-14. MAINTENANCE STANDARDS FOR LOTS IN NON-RESIDENTIAL-ZONED DISTRICTS.

* * *

(B) It shall be the responsibility of the responsible party for the property adjacent to a County right-of-way and in a non-residential zoned district to maintain the swale area which abuts their property. >>Such maintenance responsibility shall include, but is not limited to, maintaining grass or other appropriate vegetation healthy and dense enough to provide filtering while protecting underlying soils from erosion, replacing vegetation where soils are exposed, and maintaining proper elevations within the swale.<<

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.

PASSED AND ADOPTED:

Approved by County Attorney as
to form and legal sufficiency: ________

Prepared by: ________

Jorge Martinez-Esteve

Prime Sponsor: Juan C. Zapata



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