O-653-05 ORDINANCE NO. 653-05
AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING
CHAPTER 8 EMERGENCY MANAGEMENT" TO ADD ARTICLE III
"HURRICANE PROTECTION MEASURES", PROVIDING FOR
REGULATIONS CONCERNING LANDSCAPING AND THE MAINTENANCE
AND DISPOSAL OF LANDSCAPING DEBRIS, TREES, YARD WASTE AND
VEGETATION, SO AS TO MITIGATE POTENTIAL STORM IMPACTS AND
DAMAGES; PROVIDING RESTRICTIONS ON PLACEMENT OF
LANDSCAPING DEBRIS; REQUIRING REMOVAL OF CERTAIN EXOTIC
PLANTS AND TREES FOR NEW CONSTRUCTION; PROVIDING FOR
PROTECTION OF ELECTRIC POWER LINES FROM VEGETATIVE
GROWTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS, PROVIDING FOR PENALTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, as a result of the recent series of hurricanes and severe weather events which have
affected the Village and the State of Florida, it is recognized to be necessary to implement additional regulations
to assure the protection of the public health, safety and welfare; and
WHEREAS, the Village Council finds that the adoption of this Ordinance is protective of the public
health, safety and welfare.
NOW THEREFORE IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, FLORIDA,THAT:
Section 1. That Chapter 8 of the Code of Ordinances, Miami Shores Village , Florida is hereby
amended by adding an Article III, Section 8.23 which said section reads as follows:
ARTICLE III Hurricane Protection Measures
8.23 (a) Hurricane Watch: Restriction On Placement of Landscaping Debris. Once an official hurricane
watch is issued by the National Weather Service for an area which includes the Village, no person shall place
any yard waste including, but not limited to, vegetative clippings, trees, palm fronds, leaves, branches or any
other vegetative debris (the "Landscape Debris") on any portion of the public right of way or upon any land
within ten (10) feet of the public right of way, unless instructed to do so in writing by the Village Manager. This
shall not prohibit the temporary placement of Landscape Debris on the swale area adjacent to the parcel which
produced such Landscape Debris for pick up by a licensed private hauler, so long as such pick up and removal is
fully accomplished prior to the issuance by the National Weather Service of an official hurricane warning and in
any event is completed by the private hauler prior to the occurrence of the anticipated storm event and at the
private property owner's sole cost and expense.
(b) Removal of Certain Exotic Plants and Trees for New Construction. From and after the date of
adoption of this Ordinance, any person owning or controlling (the "Responsible Person") real property upon
which there exists any of the exotic species of vegetation ("Exotics") listed on Exhibit"A", a copy of which is
attached hereto and incorporated herein, shall cause the removal and disposal of said Exotics prior to obtaining
a building permit for the construction of any new building or any increase in the square footage of any existing
building within the Village. As to any such property for which there exists at the time of adoption of this section
an active building permit for such work upon such property, the Exotics shall be removed by the Responsible
Person prior to the issuance of a Certificate of Occupancy.
The requirements of this section shall be applicable regardless of whether the Exotics were planted or
established before, on or after the date of adoption of this Ordinance. Nothing herein shall be construed to
authorize the planting of Exotics.
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(c) Protection of Electric Power Lines. Each person owning or controlling real property within the
Village shall cause all landscaping situated upon such real property, including, but not limited to, trees,
branches, palm fronds, vines, bushes and any other vegetative matter, to be maintained and trimmed so that
no trees, branches, palm fronds, vines, bushes or other vegetative matter shall be situated at any point any
closer than six (6')feet to any energized electric transmission or electric service line. In the event that a person
owning or controlling such real property does not timely cause the landscaping to be maintained and trimmed
as described above within ten (10) calendar days after having received a written demand from the Village to do
so, the Village Manager shall be authorized to arrange for Village employees or contractors to perform such
work. The Village shall have a lien, in the nature of a special assessment, upon the property for the purpose of
securing full reimbursement to the Village for all costs incurred for said work, and may record and enforce said
lien to the fullest extent authorized by law. The procedures applicable to the enforcement and collection of said
lien shall be the same as those which are authorized for solid waste collection service liens pursuant to Chapter
9, Article III of the Village Code.
(d) This Ordinance shall be subject to enforcement under the Local Government Code Enforcement
Act, Chapter 162, F.S., as amended, and Village Code Section 2-79, et. seq., as amended. Enforcement may
also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction.
Section 2. If any section, sentence, cause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of
the remaining portions of this Ordinance, which shall be deemed to be severable therefrom.
Section 3. All ordinances or parts of ordinances in conflict herewith inconsistent herewith are
hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict with this ordinance.
Section 4. This Ordinance shall be effective immediately upon adoption on second reading.
PASSED AND ADOPTED on first reading this 22nd day of September , 2005.
PASSED AND ADOPTED on second reading this 15th day of November , 2005.
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ATTEST:
��ee AI vis, Mayor
Barbara A. Estep
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney
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EXHIBIT"An
EXOTIC LANDSCAPING TO BE REMOVED FROM PROPERTY
1. Schinus terebinthinfololius (Brazilian Pepper/Florida Holly)
2. Metopium toxiferum (Poison Wood)
3. Casurina equisetifolia (Australian Pine)
4. Meleleuca Quinquenervia (Melaleuca)
5. Araucaria Heterohylla (Excelsa, Northfork Pine Island)
6. Brassala Actinophyera (SchefFlera)
F/103.001/Ordinance/Ordinance amending hurricane measures
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