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Home My WebLink AboutO-2004-016 Vacant unit Security Rev.04-13-040 ORDINANCE NO. 2004-016 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING SECTION 8-10 OF THE CITY CODE OF ORDINANCES TO BE ENTITLED "VACANT RESIDENTIAL UNITS TO BE SECURED"; PRESCRIBING SECURITY MEASURES TO BE TAKEN FOR VACANT RESIDENTIAL BUILDINGS AND PROPERTY ACQUIRED FOR NOW RESIDENTIAL RE -USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8-9 of the City Code of Ordinances currently imposes security measures to be undertaken for multiple living units, such as apartment buildings, hotels, motels, mobile home parks or other housing complexes, when they remain vacant for a period of more than thirty (30) days; and WHEREAS, the City Commission of the City of Dania Beach wishes to extend the protection of security measures afforded to such vacant housing stock to other residential uses in the City, including those uses which lie within areas in which it is reasonably anticipated that housing will ultimately be converted to non-residential uses; and WHEREAS, the City Commission deems such protection to be necessary for the health, safety and welfare of its residents, since vacant homes and similar uninhabited dwelling units attract criminal activity, contribute to the decline of established residential neighborhoods, pose a substantial risk of fire hazards and therefore pose a serious threat of harm to residents who choose to remain in their homes unless or until the underlying land use is altered and the property upon which the dwellings are located are re -zoned and redeveloped for non-residential use; I ORDINANCE NO. 2004-016 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 8-10 of the City Code of Ordinances is created, such Section to read as follows: Sec. 8-10 Vacant residential units to be secured. Except as otherwise provided by Section 8-9, residential units, such as single- family houses, duplexes and triplexes which exist within the City, that remain closed, vacant and unoccupied for a period more than thirty (30) days, and are acquired with the intent of re -use as a non-residential use shall be completely secured by the installation of shutters for all first floor windows and doorways. Shutters shall be reviewed and approved by the City Building Division prior to installation, shall consist of materials and hardware that meet the building code and shall be painted to match the predominant color of the building to which they are attached. In addition, if more than five (5) such dwelling units exist within 2,500 feet from each other, the owner or owners of the properties shall be obligated to submit a security plan to the City Commission for its approval, which plan must include, but not be limited to, unobtrusive security lighting, crime prevention landscaping measures, the scheduling of security guard services for all evening hours and other measures designed to protect the secured property and the neighborhood in which the units are located. Section 2. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. 2 ORDINANCE NO. 2004-016 0 E is Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. That this ordinance shall be in force and take effect immediately upon adoption. PASSED AND ADOPTED on first reading on March 23, 2004. PASSED AND ADOPTED on second reading on April 27, 2004. ATTEST: 0� 61 "-.e -,"- A) LOUISE SI-ILSON CITY CLERK aLTA &Y, Lej -M�WKOI ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES VICE -MAYOR MIKES - YES MAYOR MCELYEA- YES APPROVED AS TO FORM AND CORRECTNESS: BY: r� � _\ / 1�1 THdMAO'J.� ANS B_ CITY ATTORNEY 3 ORDINANCE NO. 2004-016 CITY OF DANIA BEACH 11114111 ON TO: Mayor and Commissioners CC: Ivan Pato, City Manager Larry Leeds, Community Development Director Fernando Vazquez, Public Services Director Miriam Nasser, Acting City Clerk FROM: Tom Ansbro, City Attorney DATE: March 17, 2004 is RE: Proposed Ordinances; Security Measures for Vacant Residential Units; Landscaping Maintenance Plans for Residential Properties Cleared After Building Demolition Attached are two ordinances sponsored by Vice -Mayor Mikes to address issues which may arise in the event residential structures are acquired by eminent domain or otherwise in connection with future redevelopment by governmental entities, such as Broward County. The first ordinance, to be entitled "Vacant Residential Units to be Secured", extends the security protections currently afforded in the City Code of Ordinances (in Code Section 8- 9) which apply to multiple living units such a apartment buildings, hotels, motels and the like that remain vacant for more than thirty (30) days, to residential units such as single-family homes, duplexes and triplexes. The law will require all window and door openings to be shuttered, and the shutters must be approved by both the Building Official and the Fire Marshal, yet consist of materials that aesthetically harmonize with the neighborhood. If a concentration of such vacant units occurs, such as more than five (5) such units within 2,500 feet from each other, a security plan must be submitted to and approved by the City Commission, to include elements such as lighting, landscaping and evening security guard patrol services. The other proposed ordinance, to be called "Landscape Requirements for Vacant Residential Properties", will require parcel owners to plant grass or install sod on properties Mayor and Commissioners March 17, 2004 Page 2 0 cleared of demolished residential units thirty (30) days after demolition and require that the lawn as well as any existing landscape be irrigated, maintained and the lot kept free of rubbish and debris pursuant to a maintenance program to be approved by the Community Services Department. An owner who or which disagrees with the Department as to the components of the program will be allowed to appeal the issue directly to the City Commission. The two ordinances are ready for Commission action. 566.028 TJA:slw Attachments 0 2 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on April 27, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinances entitled: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING SECTION 8-10 OF THE CITY CODE OF ORDINANCES TO BE ENTITLED "VACANT RESIDENTIAL UNITS TO BE SECURED"; PRESCRIBING SECURITY MEASURES TO BE TAKEN FOR VACANT RESIDENTIAL BUILDINGS AND PROPERTY ACQUIRED FOR NON- RESIDENTIAL RE -USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO LANDSCAPING; CREATING SECTION 26-52.1 OF CHAPTER 26 ("VEGETATION") OF THE CITY CODE OF ORDINANCES TO PROVIDE THAT PARCELS IN RESIDENTIAL NEIGHBORHOODS LEFT VACANT AFTER BUILDING DEMOLITION SHALL BE LANDSCAPED, IRRIGATED, AND MAINTAINED UNTIL RE- DEVELOPED; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Louise Stilson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. /s/ Louise Stilson City Clerk 0 Run in Sun Sentinel.- April 16, 2004