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ORDINANCE PROVIDING FOR REMOVAL OF DISEASED TREES AND FOR ENFORCEMENT OF NOTICE TO PROPERTY OWNERS TO REMOVE DISEASED TREES; AMENDING CHAPTER 11D OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; DECLARING LAUREL WILT DISEASE AND LETHAL YELLOWING DISEASE TO BE PUBLIC NUISANCES; PROVIDING FOR ENFORCEMENT BY CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE; PROVIDING FOR SUNSET OF DISEASE DESIGNATIONS

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Chapter 11D of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Chapter 11D - DISEASED [[PALM]] TREE[[S]] >>REMOVAL ORDINANCE<<

Sec. 11D-1. - Title; applicability; to constitute minimum standard.

This chapter shall be known as the "Diseased [[Palm]] Tree Removal Ordinance" and shall be applicable in the unincorporated areas of >>Miami-<>Miami-<

Sec. 11D-2. - Declaration of legislative intent.

The Board finds that [[the palm blight]] >>certain tree<< disease>>s<< [[known as lethal yellowing]] >> have<< [[has]] reached epidemic proportions within >>Miami-<>s are<< [[is a]] highly infectious [[one]] >>,<< and that those trees which are infected [[with lethal yellowing]] to the point that they are >>dead or<< beyond treatment should be quickly removed so as to reduce spreading of [the] disease>>s, which can cause significant harm to the county�s agricultural industry<<.


Sec. 11D-3. - >>Declaration of<< Public nuisance [[declared]] >>; violation<<.

>>(a)<< The existence of [[palm]] tree[[s]] >>species<< infected with [[lethal yellowing]] >>certain diseases<< to the point that they are >>dead or<< beyond treatment >>and continue to be infectious or to act as hosts for disease vectors<< are declared a public nuisance as those trees [[continue to be infectious and are]] >>constitute<< a threat to healthy [[palm]] trees in the area >>and the agricultural industry. The County Commission shall, by ordinance, designate those diseases that constitute such public nuisances<<.
>>(b) It shall be a violation of this code to maintain, permit, let, allow, suffer, or fail to remove a tree that is a public nuisance. Each such tree shall constitute a separate offense.
(c) Enforcement under this chapter may only be brought when an ordinance declaring a specifically named disease a public nuisance is in effect.<<


Sec. 11D-4. - Notice to remedy condition.

If the [[Director of the Park and Recreation Department]] >>Mayor or Mayor�s designee<< finds and determines that a public nuisance as described and declared in Section 11D-3 hereof exists, [[he]] >>the Mayor or Mayor�s designee<< shall so notify the record owner of the offending property in writing and demand that such owner cause the condition to be remedied. The notice shall be >>served<< [[given]] by registered or certified mail, addressed to the owner or owners of the property described, as their names and addresses are shown upon the record of the County [[Tax Assessor]] >>Property Appraiser<<, and shall be deemed complete and sufficient when so addressed and deposited in the United States mail with proper postage prepaid. In the event that such notice is returned >>undelivered<< by postal authorities the [[Director]] >>Mayor or Mayor�s designee<< shall cause a copy of the notice to be served by a law enforcement officer >>or process server<< upon the occupant of the property or upon any agent of the owner thereof. In the event that personal service upon the occupant of the property or upon any agent of the owner thereof cannot be performed after reasonable search by a law enforcement officer >>or process server<< the notice shall be accomplished by physical posting on the said property. >>A copy of the notice shall also be mailed to any current mortgage holders of the property identified in the public records, provided, however that failure to provide such notice shall not prohibit enforcement against the property owner.<<


Sec. 11D-5. - Form of notice.

The notice shall be in substantially the following form:

NOTICE OF PUBLIC NUISANCE

Name of owner ______

Address of owner ______

Our records indicate that you are the owner(s) of the following property in
(described property)

An inspection of this property discloses, and [[I have]] >>it has been<< found and determined, that a public nuisance exists thereon so as to constitute a violation of the >>Miami-<>_______________________<< and are beyond treatment [[, and which trees are designated by a red circle painted around said tree]]. >>Each infected tree constitutes a separate violation of the Ordinance. Additional information will be provided to identify the affected tree or trees and the proper methods for disposing of the trees.<<

You are hereby notified that unless the above-described trees are removed within twenty (20) days from the date hereof, >>Miami-<>seek an injunction compelling you to remove the infected tree(s). Alternatively,<< Miami-Dade County >>may seek a court order allowing the County<< [[proceed]] to remove said trees >>from your property. Your failure to comply with the twenty (20) day removal deadline may also result in the judicial imposition of penalties against you, which may be up to $10,000 per tree, as well as recovery of damages, costs, and expenses, including contracting costs and related advertising costs for removal of all diseased trees, and the County�s attorney�s fees, for enforcement of the Miami-<< Dade County Diseased Tree Removal Ordinance, all of which [[and the cost of the work, including advertising costs and other expenses,]] will be imposed as a lien on your property if not otherwise paid within thirty (30) days after receipt of billing.


??>>MIAMI-<
By:? ______

[[Park and Recreation Department Director]] >>Mayor or Mayor�s Designee<<




[[Sec. 11D-6. - Hearing.
Within twenty (20) days after the mailing of notice to the property owner, the property owner may make written request to the County Manager for a hearing before him or one (1) of his assistants to show that the palm trees referred to in the notice are not infected with lethal yellowing or that their infection has not progressed to the point that said trees are beyond treatment. At the hearing the County or the property owner may introduce such evidence as is deemed necessary. The County Manager or an assistant designated by him shall hold hearings at appropriate times and places, and the County Manager shall establish rules and regulations for the review procedure. Following the review by the County Manager or the assistant designated by him, the owner will be deemed to have exhausted his administrative remedies.]]


Sec. 11D-[[7]]>>6<<. - Trees may be removed by County; lien for expenses.

>>(a)<< If >>the trees identified in the notice provided under Section 11D-5 have not been removed<< within twenty (20) days after >>service<< [[mailing]] of the notice [[no hearing has been requested and the trees described in the notice have not been removed, the Director of the Park and Recreation Department shall have the trees removed by Dade County at the expense of the property owner. If a hearing has been held and has concluded adversely to the property owner, the Director of the Park and Recreation Department shall have the trees removed by Dade County at the expense of the property owner.]] >>, the Mayor or the Mayor�s designee is hereby authorized to seek injunctive or other appropriate judicial relief against the record owner of the property and any other relevant party to enforce compliance with the requirements of this chapter.

(b) As set forth in Section 1-5 of this code, the property owner and any other relevant parties shall be subject to the judicial imposition of a civil penalty in an amount not to exceed ten thousand dollars ($10,000.00) per tree, and shall be liable for damages, costs, and expenses, including but not limited to attorney�s fees.

(c)<< After removal of the trees [[the Director of the Park and Recreation Department or]] the County [[Manager]] >>Mayor or Mayor�s designee << shall certify to the Director of Finance the expense incurred >>, as well as any damages, costs, including attorney�s fees, and any penalties assessed,<< and shall include a copy of the notice above-described and a copy of the decision [[of the County Manager, or his designated assistant]], if a hearing was held, whereupon such expense shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the property, which shall be payable with interest at the rate of [[six (6)]] >>twelve (12)<< percent per annum from the date of such certification until paid.

>>(d)<< Such lien shall be enforceable [[in the same manner as a tax lien]] in favor of >>Miami-<>Miami-<
>>(e) Civil penalties imposed by judicial proceedings for violations of the diseased tree removal regulations in this chapter may be used to assist in the removal of diseased trees on properties complying with such regulations, to aid in tree canopy replacement, or other related purposes.<<


Sec. 11D-[[8]]>>7<<. - Duty of Director of Finance to keep records of liens.
The Director of Finance shall keep complete records relating to the amount payable for liens above-described and the amounts of such liens shall be included in tax statements for ad valorem taxes thereafter submitted to the owners of lands subject to such liens.


[[Sec. 11D-9. - Review by certiorari.
Any party aggrieved by the administrative decision may have such decision reviewed by the filing of a petition for writ of certiorari in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, for a review of the record upon which the decision is based, in accordance with the procedure and within the time provided by the Florida Appellate Rules for the review of the rulings of any commission or Board , which rules of practice and procedure are hereby adopted. For such purposes, the County Manager shall make available for public inspection and copying the record of each such decision to be reviewed; provided, the Manager may make a reasonable charge commensurate with the cost, in the event he is able to and does furnish copies of all or any portion of the record at the hearing. Prior to certifying a copy of any record or portion thereof, the Manager or his designee shall make all necessary corrections in order that the copy is a true and correct copy of the record, or those portions thereof requested, and shall make a charge of not more than twenty-five cents ($0.25) per page, instrument or exhibit; provided the charges here authorized are not intended to repeal or amend any fee or schedule of fees otherwise established.]]

Section 2. This Board hereby designates the following tree diseases to be public nuisances: (1) lethal yellowing disease and (2) laurel wilt disease.

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. Section 2 of this ordinance shall sunset five years after the effective date of this ordinance, unless reenacted by this Board. Six months prior to the sunset date, the Agricultural Practices Advisory Board may issue a recommendation to this Board regarding the extension of the ordinance.
Section 6. 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.