Legislative Matter

Miami-Dade Legislative Item
File Number: 140050

Printable PDF Format

Clerk's Official Copy

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
REPORT:	First Assistant County Attorney Abigail Price-Williams read into the record the title of the foregoing proposed ordinance. It was moved by Commissioner Moss that the foregoing proposed ordinance be adopted. This motion was seconded by Commissioner Jordan, followed by discussion. In response to Commissioner Monestime’s question regarding whether the requirements for swales were already in the code, Assistant County Attorney Jorge Martinez-Esteve advised that the code currently had an obligation to maintain swales; however, the proposed ordinance would clarify the definition of the word “maintain,” for the purposes of the code. Assistant County Attorney Martinez-Esteve explained that the intent of the proposed ordinance was to clarify what actions or inactions constituted the failure to maintain the swales. He said that this section was not intended to change the penalties provided. Hearing no further questions or comments, the Board members proceeded to vote on the foregoing proposed ordinance, as presented.

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