O-19-35 MIAMI SHORES VILLAGE ORDINANCE NO*.
AN ORDINANCE RELATING TO THE REMOVAL OF SOIL FROM
PROPERTY LOCATED WITHIN MIAMI SHORES VILLAGE.. AND
PROHIBITING THE EXCESSIVE REMOVAL THEREOFp AND CON"
CERNINIG THE ENFORCEMENT AND PENALTIES FOR VIOLATION
OF. SAID ORDINANCE.
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
SECTION 1. Effective from t]�e date of this ordinance it .
shall be unlawful to remove the soil from any property located within
Miami Shores Village to such an extent that water will remain in !the
place from which said soil has- been removed
or if such excavations
are of such a depth or cover such an area that the same creates a
..-hazard or is detrimental to surrounding property, or if such removal
shall in any wise be detrimental to the public welfare, health and
- safety of the. public.
SECTION 2. All excavations and removal of soil for the
erection of building or buildings within the Village are hereby
excepted from the effect of this ordinance.
SECTION 3. - It shall be the duty of the Village Manager upon
proper request being made, to ascertain if such removal' of soil -as
may be desired by any owner of property within said Village., to
determine within his discreti on whether -or not such removal conflicts
with the provisions of this ordinance., and that such is 'detrimental-
. to the public welfare., health and safety, and if he so finds that such
removal is of a ,nature that does not conflict with the purpose an.d
intent of this ordinance and is not detrimental to the public welfare-,
safety and health, and he may in such cases issue a special permit
for the removal of such soil, the extent and amount of -such excavation
to be determined by said Village Manager., and the issuance of said
permit and the determination of -removal of soil and excavations result-
ing therefrom, to befirst passed upon and approved by the Coun,cil. of
said Village after written application for the same has been made to
said Village Manager as aforesaid.
-SECTION 4. Any per.s-dfi�--firm or corporation, who., or which--
shall for himself or through another violate the provisions of this
L4.
ordinance shall 'be -punished by a fine not .exceeding $500600 or by�
Amprisommen 't liard labor on 'tbdi� streets or. ather� public* works of.
a
the Vill ge., orany other lawful place for a period not, exceeding�
six jail or by. both such fine and imprisonment in
ty (60) days in
the discretion of the Court of the Village.
N, SECTION 3. Each ,word a:sej, sentence or section of
phr
word
this ordinance shall be severable and the invalidity of any
phr ase,, sentence or section shall-In- no way or degree ijapair any
other part or partatheireof.
That an' emergency exists for the protection
SECTION
of the public welfare., life and- -DrODerty.
BECTIORZG�� This ordinance- shall be effective, immediately :
Upon-its passage.
T
PASSZD AND-
ADGPTRD this day of" March
p A. D�j, 19354.
!V_5 J
Vi e'Manager abd Cl*k.�
Mayor
S4.