ORDINANCE NO. 896-2003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS AMENDING CODE OF ORDINANCE SECTION 150.013, FENCES, LANDSCAPING, AND BOUNDARY WALLS, BY INCLUDING THEREIN AN ADDITIONAL APPROVED FENCE MATERIAL; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; EFFECTIVE DATE.

WHEREAS, the City Council previously requested the Code Review Board to conduct an investigation and discussions regarding the inclusion of white (PVC) vinyl fencing as a permitted material for back and side yards in the City Code; and,

WHEREAS, the Code Review Board has investigated the use of this new fencing material and conducted discussions regarding its desirability, appearance, maintenance and longevity; and,

WHEREAS, following the review of information received from the City Administrative Staff, product manufacturers and product distributors, the Code Review Board has recommended that this product be included in the City Code as an approved fencing material for back and side yards; and,

WHEREAS, the City Council has reviewed the minutes of the Code Review Board meetings in which the subject fencing material was discussed, conducted its own discussion and public debate regarding this new fencing, and determined that it would be both proper and appropriate to include white (PVC) vinyl fencing as a permitted fencing material for back and side yards in the City Code of Ordinances:

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS, FLORIDA:

Section 1: That Code of Ordinance Section 150.013, Fences, Landscaping and Boundary Walls, is hereby amended as follows:

150.013.  Fences, Landscaping, and Boundary Walls.

(A)            . . .

(B)            . . .

(C)            . . .

(D)            . . .

(E) Back and side yard fences shall be constructed of certified redwood, cypress, galvanized chain link wire, white (PVC) vinyl or other approved equal materials, with a top rail excluding stockade cuts on pickets.  Wire fences shall be of the two-inch chain link or diamond weave nonclimbable or of  an approved equal, with a tip rail, with the rolled knuckle edge of the wire turned up.  If a property owner erects a fence, wall or hedge bordering an alley, the property owner shall provide an offset in the fence, wall, or hedge of not less than four feet by ten feet for the placement of garbage cans or mobile containers.

(F)            . . .

(G)            . . .

Section 2:   That all Ordinances or parts of Ordinances in conflict herewith are

hereby repealed insofar as they are in conflict.

Section 3:  That this Ordinance shall take effect in the manner provided by law.

PASSED AND ADOPTED by the City Council of the City of Miami Springs, Florida this 28^th day of April, 2003.

The motion to adopt the foregoing ordinance was offered on second reading by Councilman Pacheco, seconded by Councilman Youngs,

and on roll call the following vote ensued:

Vice Mayor Elza “aye”

Councilman Caudle “absent”

Councilman Pacheco “aye”

Councilman Youngs “aye”

Mayor Bain “aye”

___________________

Billy Bain

   Mayor

ATTEST:

___________________________

Magalí Valls, CMC

    City Clerk

APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

             Jan K. Seiden, Esquire               

                         City Attorney

1st reading:       04/14/2003

2nd reading:      04/28/2003

Words -stricken through- shall be deleted.  Underscored words constitute the amendment proposed. Words remaining are now in effect and remain unchanged.