CODE OF ORDINANCES CITY OF HIALEAH GARDENS, FLORIDA

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Published in 1996 by Order of the City Council

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OFFICIALS

of the

CITY OF

HIALEAH GARDENS, FLORIDA

AT THE TIME OF THIS CODIFICATION

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Gilda Cabrera de Corzo

Mayor

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Juan Carlos "J. C." Alvarez

Guillermo "Bill" Cabrera

Luciano "Lucky" Garcia

Miguel Haddad
Louise "Lucy" Valdes

City Council

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Neil Flaxman

City Attorney

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Charles E. Blazek

City Clerk

CURRENT OFFICIALS

of the

CITY OF

HIALEAH GARDENS, FLORIDA

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Yioset De La Cruz (Group I)

Mayor

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Luciano "Lucky" Garcia (Chairman, Group II)

Rolando Piña (Vice Chairman, Group V)

Jorge A. Merida (Finance Director, Group III)

Elmo L. Urra (Group IV)

Jorge Gutierrez (Group VI)

City Council

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Charles A. Citrin

City Attorney

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Maria Joffee

City Clerk

PREFACE

This Code constitutes a complete recodification of the general and permanent ordinances of the City of Hialeah Gardens, Florida.

Source materials used in the preparation of the Code were the 1985 Code, as supplemented through October 10, 1989, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1985 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE	CD1:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Alyce A. Whitson, Supervising Editor, and Charles Vignos, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Charles Blazek, City Clerk, and Neil Flaxman, City Attorney, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

ORDINANCE NO. 99-41

AN ORDINANCE ACCEPTING, APPROVING AND ADOPTING THE CODIFICATION OF THE CHARTER AND CODE OF THE CITY OF HIALEAH GARDENS ATTACHED HERETO AS EXHIBIT "A", EXCEPTING, HOWEVER, PROVISIONS RELATED TO LAND USE REGULATION AND LICENSING; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE

WHEREAS, the City of Hialeah Gardens Charter and Code have been codified in accordance with certain Charter amendments that have been adopted and ordinances which have been amended; and

WHEREAS, attached hereto and made a part hereof is a true copy of the codification of said Code; and

WHEREAS, with the exception of the Land Use Regulations and the licensing provisions contained in said Code, the City of Hialeah Gardens desires to accept said Charter and Code to be the Charter and Code of the City of Hialeah Gardens;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH GARDENS, FLORIDA, AS FOLLOWS:

Section 1: The City of Hialeah Gardens does hereby accept, approve and adopt the Charter and Code, as prepared by Municipal Code Corporation and as attached hereto as Exhibit "A" and made a part hereof as if fully set forth herein, with the exception of the chapter referred to as Land Use Regulations and Licensing.

Section 2: The ordinances of the City of Hialeah Gardens, as it relates to Land Use Regulations and Licensing, together with codification of such ordinances in prior Codes, be and the same is hereby accepted, approved and adopted.

Section 3: Should any section, paragraph, sentence, phrase, clause or other part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the one part so declared to be invalid.

Section 4: This ordinance shall become effective upon its adoption in accordance with law. PASSED AND ADOPTED this 4 ^th day of January, 2000.

ATTEST:

_____ Charles Blazek, City Clerk	_____ Chairperson of the Council
	_____ FATIMA R. MOREJON Acting Mayor of Hialeah Gardens, Florida

 

Vote of the Council:

	First Reading	Second Reading
Luciano Garcia	Yes	Yes
Miguel Haddad	Absent	Yes
Juan C. Alvarez	Yes	Yes
Lucy Valdes	Absent	Yes
Fatima R. Morejon	Yes	Yes

 

APPROVED AS TO FORM AND SUFFICIENCY:

CITY ATTORNEY