O-2024-081
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ORDINANCE NO. 2024-08---
3 AN ORDINANCE OF THE VILLAGE COUNCIL OF
4 MIAMI SHORES VILLAGE, FLORIDA, AMENDING
5 CHAPTER 20, "STREETS, SIDEWALKS AND
6 OTHER PUBLIC PLACES," ARTICLE II.,
7 "STREETS" TO UPDATE REGULATIONS
8 GOVERNING SIDEWALKS; PROVIDING FOR
9 SEVERABILITY; PROVIDING FOR CONFLICT;
10 PROVIDING FOR CODIFICATION; PROVIDING FOR
11 AN EFFECTIVE DATE.
12 WHEREAS, Miami Shores Village (the "Village") is committed to maintaining the
13 safety and accessibility of public sidewalks for all residents and visitors; and
14 WHEREAS, sidewalks that are unsafe or dangerous pose a significant risk to
15 public health, safety, and welfare; and
16 WHEREAS, property owners whose property is contiguous to or across which a
17 sidewalk extends have a responsibility to ensure that the sidewalk remains in a safe and
18 usable condition; and
19 WHEREAS, the Village acknowledges that certain unsafe or dangerous conditions
20 on sidewalks may arise due to factors outside a property owner's control, such as damage
21 caused by the Village or Village-owned property, infrastructure, or natural elements,
22 including tree roots; and
23 WHEREAS, it is necessary to amend the Village Code to clarify the responsibilities
24 of property owners and the Village with respect to the maintenance of sidewalks and the
25 repair of unsafe conditions caused by the Village; and
26 WHEREAS, the Village Council finds that this Ordinance is in the best interest and
27 welfare of the residents of the Village.
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29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND VILLAGE
30 COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AS FOLLOWS:1
31 Section 1. Recitals Adopted. That each of the above stated recitals is hereby
32 confirmed, adopted, and incorporated herein and made a part hereof by reference.
33 Section 2. Amendment to the Village Code. That Chapter 20, "Streets, Sidewalks
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and Other Public Places, Article II, "Streets," Section 20-31, "Maintenance by Property
Owners" of the Village Code of Ordinances is hereby amended as follows:
Chapter 20 -STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
***
ARTICLE II. -STREETS
Sec. 20-31. -Maintenance by property owners.
It shall be unlawful for any owner of property in the village which is contiguous to
any sidewalk or across which any sidewalk may extend to allow such sidewalk to be or
remain in such condition as to make the use thereof unsafe or dangerous. The village
shall, however, be responsible for any unsafe or dangerous condition caused by the village or village-owned property, infrastructure, or natural elements such as village tree
roots.
Section 3. Conflicting Provision. Any provisions of the Code of Ordinances of
Miami Shores Village, Florida, in conflict with the provisions of this Ordinance are hereby
repealed, but only to the extent of such conflict.
Section 4. Severability. That the provisions of this Ordinance are declared to
50 be severable and if any section, sentence, clause, or phrase of this Ordinance shall, for
51 any reason, be held to be invalid or unconstitutional, such decision shall not affect the
52 validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but
1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changesbetween first and second reading are indicated with dsul31e stFilrnthrnu§h and double 1mderijne.
53 they shall remain in effect, it being the legislative intent that this Ordinance shall stand
54 notwithstanding the invalidity of any part.
55 Section 5. Codification. That it is the intention of the Village Council and it is
56 hereby ordained that the provisions of this Ordinance shall become and be made a part
57 of the Code of Ordinances of the Miami Shores Village, Florida, that the sections of this
58 Ordinance may be renumbered or re-lettered to accomplish such intentions, and that the
59 word "Ordinance" shall be changed to "Section," or other appropriate word.
60 Section 6. Effective Date. That this Ordinance shall become effective
61 immediately upon adoption on second reading.
62 this 19th day of November 2024.
PASSED and ADOPTED 63
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68 Attest:
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First Reading: November 5 ,2024
Second Reading:, 2024
�����George Bure�
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Mayor
77 APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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November 19
81 Weiss, Serota, Helfman, Cole + Bierman, P .L.
82 Village Attorney
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FINAL VOTES AT ADOPTION
Council Member Neil Cantor
Council Member Jerome Charles
Council Member Sandra Harris
Vice Mayor Jesse Valinsky
Mayor George Burch
YES
YES
YES
YES
YES