Code Corner

Overgrown, untrimmed trees can potentially create a hazardous situation. In addition to damaging property, fallen trees and tree branches can cause power outages during storm events. This was the case during Hurricane Irma in September 2017. Also, heavy rain storms will often wash mulch onto the roadways and eventually into the Town’s storm drain system. Debris in the storm drain system goes directly into Biscayne Bay.

To address the concerns of overgrown trees and mulch in the right-of-way areas adjacent to private property, the Town Commission recently adopted changes to the Town Code on Property Maintenance Standards. 

Town Code requires property owners to maintain the right-of-way adjacent to their property, including sod, landscaping and trees. Property owners are expected to keep Florida Power & Light electric power lines free and clear of tree limbs and to eliminate all types of mulch from the front of their property.

To review the amended Town Code, visit www.townofsurfsidefl.gov. We appreciate your cooperation. For any questions, please contact the Code Compliance Division at (305) 861-4863, extension 230.

On March 13, 2018, the Town Commission created a  new Town Code Section 34-11, prohibiting the distribution, sale or use of plastic straws. The new ordinance goes into effect on May 1, 2018.

The intent of the ordinance is to reduce plastic pollution in the ocean to protect the environment and sea turtles, whose nesting season begins on May 1. The distribution, sale or use of plastic straws will be prohibited in commercial establishments, Town facilities and property, or by any special event permittees. The prohibition does not apply to prepackaged drinks sold at commercial establishments, to medical or dental facilities, to school districts or county, state or federal governmental entities.

Civil fines will be assessed for the violations. Commercial establishments will be issued a civil fine of $150 per violation and individuals will be issued a civil fine of $25 per violation. For further information regarding this new Town Code, contact the Code Compliance Division at (305) 861-4863.

In 2011, the Town of Surfside enacted a “Short-Term Rental” Ordinance to regulate the rental of residential properties by seasonal residents. The Ordinance requires property owners to complete an “Individual Short-Term Rental Registration for Seasonal Guests” application and pay the required fees.

Property owners must agree to the terms and conditions for short-term rentals as outlined in the Ordinance. A new registration application is required for each new rental period and property owners are limited to three rentals within a period of 12-consecutive months.

The registration fee per rental period is $100, plus Resort Tax is due per rental period of four percent (4%) of rental fee collected by the property owner from the renter. If you are advertising and renting your property through Airbnb, then Airbnb will remit the Resort Tax to the Town on your behalf.

Registration is required even if the property is just being advertised on a vacation rental website, such as Airbnb, HomeAway, VRBO, Flipkey or any other website. In this case, the registration fee is $100 and must be paid when you list the property for rent. However, this amount will be credited to the first vacation rental that occurs at the property.

For further information on the Town’s Short-Term Rental Ordinance, or to obtain a registration application form, please contact the Code Compliance Division at Surfside Town Hall, or call (305) 861-4863, extension 230.

The Town of Surfside regulates the use of political campaign signs under our Zoning Codes, Section 90-74, Temporary Signs. Political campaign signs may be displayed in both the residential and business districts.

Political campaign signs may not be erected or displayed more than 90 days prior to the subject election date or ballot vote, and all signs must be removed no later than seven (7) days after the subject election or ballot date. In the case where a candidate is a participant in a run-off election, the candidate’s political campaign signs may be displayed until such time as the run-off election is concluded.

Political campaign signs must be professionally lettered, and may not be lighted or illuminated in any manner. Political campaign signs may be not affixed or attached in any manner to the surface of any public street, public right-of- way, easement, sidewalk, curb, street pole, or any other public property or public place. Any campaign sign so affixed or attached to any public property will be removed and destroyed by the Town without prior notice to the political campaign.

For residential and business districts, the maximum sign size is three (3) square feet. For in-ground signs, the maximum sign height including support frame is 42 inches from the ground to the top of the sign. In residential districts, only one political campaign sign is permitted per street frontage. Signs may not obstruct roadway visibility. Total signage, including political signs, placed in a window in the business district may not exceed 20% of the window.

Prior to posting any political campaign sign, the political candidate must first obtain the permission of the property owner to post a political sign where the sign is to be placed. Signs placed on private property without the consent of the property owner may be removed and destroyed. Signs may not be placed on vacant lots or vacant properties without the expressed consent of the property owner. At this time, the Town of Surfside does not require a political campaign sign bond.

If you have any questions concerning political campaign signs, then please contact the Town of Surfside, Code Compliance Division, at 305.861.4863.

It is that time of the year when many residents decorate their homes and yards with lights and other displays. We want to remind all residents that the Town Codes do regulate the use of seasonal holiday decorations. Any plastic or similar artificial landscape material is allowed for up to 60 days duration during a holiday.

Please follow the Town Codes. If you have any questions, then contact the Code Compliance Division at (305) 861-4863. Happy holidays to all.

Landscape trees not only make homes and communities more beautiful, they also improve our environment and can increase the value of a property up to 20 percent. Trees are invaluable assets that need to be enhanced and protected. Proper pruning is a worthwhile investment.

When a tree or part of a tree breaks, it can cause extensive damage to people and property. A preventive pruning program is important to minimize the risks. Preventive or structural pruning is a process that can help promote healthy, strong trees. Research studies suggest that pruning trees significantly reduces trunk movement and damage when exposed to 120 mph winds.

Because proper pruning is complicated, national standards have been developed for the best methods and safety. Any potentially hazardous activity associated with climbing trees, using power tools, and especially working near electric lines should be left to qualified professionals who follow the national tree safety standards.

A tree removal/relocation permit is not required for the selective pruning or trimming of trees, provided the pruning is done according to the most recent American National Standards (ANSI) A-300 Standard Practices for Tree Care Operations.

However, excessive pruning of more than 25 percent of the tree’s canopy (i.e. hat-racking, topping, etc.) and other activities (i.e. trunk girdling, excessive root cutting, use of tree-killing chemicals, etc.) constitutes a violation of Section 24-49 of the Code of Miami-Dade County.

Thinking about pruning/trimming your trees? Please hire only licensed and insured arborist that knows how to proper care and prune trees.

It’s the day after a hurricane has swept through Surfside and you venture outside to evaluate the condition of your home, yard, trees and property. It is a shock to see the amount of devastation in the neighborhood. With the level of clean-up, repairs, replacement and the effort of returning your home and life to normalcy, the last thing you want to worry about is violating Town codes.

During the post-storm period, it is the job of Code Enforcement to help you recover. Immediately after a serious storm or hurricane, the Code Compliance Division is busy doing post-storm damage assessments. We look at every property to determine what resources are needed to help restore the Town to normal. We are looking for life-safety hazards, such as downed electrical lines, broken sanitary lines and partially fallen trees which could cause further property damage or injure a person. We are in the “public assistance” mode of operation as are other Town departments.

If we see that your home or an accessory building sustained structural damage, we will mail you a Courtesy Notice. The Notice explains the problem and provides a reasonable period of time to take appropriate action. We will re-evaluate the problem at a later date and inform you of further actions you must take if the problem is not resolved.

If a large tree is down or large branches have broken, you need to hire a landscape company to cut and remove the tree and its broken branches. If your tree fell onto a neighboring property or fence, then it is your responsibility to solve this problem as soon as possible.

You should immediately place destroyed vegetation debris at curbside for the Town to pick up. The Town will be collecting the vegetation for only a few days. Do not mix dead vegetation with any bulk trash items. They should be accumulated in separate piles.

Call us if you have any post-hurricane questions at 305.861.4863.

The Town of Surfside collects garbage and trash in the residential district every Monday through Friday. This is done to prevent decay, noxious odors and the breeding of flies and other germ carrying insects. The Town has strict rules relating to garbage and trash:

• Garbage and trash collection is restricted. Only Public Works employees may collect the garbage or trash within the Town. Scavenging is not allowed.
• No garbage or trash may be placed on a property for pick up unless it originates at that property.
• Industrial waste or construction materials must be removed from a property by the property owner or contractor performing work at the property.
• All buildings and commercial properties which are located on Collins and Harding Avenues must enclose their garbage and trash within a suitable plastic bag of sufficient thickness to prevent the bag from breaking.
• Business establishments, hotels and apartment buildings that utilize dumpster containers must break down or crush up wooden and paper crates before placing this waste into their dumpster container.
• Grass clippings and hedge trimmings must be placed inside plastic bags before being placed curbside for pick up.
• If you use a professional gardener, they must promptly remove all grass clippings and hedge/tree trimmings. They are not allowed to leave anything behind for the Town to pick up.
• It is illegal to dispose of any garbage or trash on any vacant property or onto any street or public property within the Town.
• It is unlawful for anyone to sweep or deposit on the street or into the gutters any garbage, trash, grass clippings, hedge or tree trimmings, or any other type of debris.

All property owners are charged a fee for solid waste collection. The rate schedule is adopted by Resolution by the Surfside Town Commission. For single-family homes, Miami-Dade County bills annually for the collection. For commercial properties and condominiums, the Town bills monthly.

If you have any questions about garbage and trash collection, please call the Public Works Department or the Code Compliance Division at (305) 861-4863.

Are you building or remodeling a home or condo apartment in Surfside? If so, you need to apply for and obtain a roll-off construction dumpster permit prior to ordering the dumpster.

Start the process by completing a Town of Surfside Building Permit Application. The permit fee is $80 plus the County surcharge. Applications are available at Town Hall and online via the Town’s website.

Currently, Surfside has an exclusive franchise agreement for construction debris removal. The dumpster provider is Waste Management. You are required to use this company when ordering a roll-off construction dumpster container. Waste Management can be reached at 305.471.4444.

Roll-off construction dumpster containers must be placed in your driveway or on your property. They are not allowed to be placed on town property, roadways, rights-of-way, swales or on street ends.

When the dumpster container is full, you or your contractor must have the container picked up by the waste hauling company. Full and overflowing dumpsters are a code violation, and property owners may be cited and assessed a civil fine for the public nuisance violation.

If you have any questions about roll-off construction dumpsters, please call the Code Compliance Division at 305.861.4863

Countinous noise of 85 decibels or higher can cause permanant hearing loss. A typical gasoline-powered, twostroke leaf blower produces 90-102 decibels of sound. Because leaf blowers are loud enough to cause hearing deficits and loss, the Town of Surfside does not allow their use under multiple sections of the Town Code. In addition to the loud noise they generate, leaf blowers blast away topsoil, microbial life forms, animal waste, herbicides, pesticides and even heavy metals, such as arsenic, mercury and lead. Leaf blower pollutants are dangerous enough that the American Lung Association recommends that all individuals avoid them.

The use of leaf blowers to dispose of grass cuttings and leaf trimmings usually leads to debris in our road gutters and stormwater drainage system. Under Chapter 34 of the Town Code, it is unlawful to deposit any debris into the town’s drainage system. Under Chapter 66, it is unlawful to sweep any trash or debris into the streets, sidewalks or gutter, and the use of leaf blowers is “absolutely prohibited.”

Under the Town’s Noise Ordinance, certain noises, such as loud and continuous leaf blowers, are prohibited at all times and places within the Town. Any noise that is loud and excessive or continuous in nature will constitute a violation of the Noise Ordinance. The civil penalty for this type of noise violation is currently $100 per incident, and the fine will be assessed to the property owner where the violation occurs.

Property owners should inform lawn care professionals to stop using leaf blowers. They shoud use rakes and brooms to gather grass cuttings and leaf trimmings.

For more information, call the Code Compliance Office at (305) 861-4863.

In 2011, the Town of Surfside enacted a “Short-Term Rental” Ordinance to regulate the rental of residential properties by seasonal residents. The Ordinance requires property owners to complete an “Individual Short-Term Rental Registration for Seasonal Guests” application and pay the required fees. Property owners must agree to the terms and conditions outlined in the Ordinance. A new registration application is required for each new rental period, and property owners are limited to three rentals within a 12 month time period. Registration is required if the property is simply being advertised on any of the many vacation rental websites such as Airbnb, HomeAway, VRBO or Flipkey. In this case, the registration fee is $100 and must be paid when the property is listed for rent. However, this amount will be credited to the first vacation rental that occurs at the property.

The registration fee per rental period is $100 plus a Resort Tax is due per rental period of four percent of rental fee collected by the property owner from the renter( s). If you are advertising and renting your property through Airbnb, then Airbnb will remit the Resort Tax to the Town on your behalf.

For further information on the Short-Term Rental Ordinance or to obtain a registration application form, please contact the Code Compliance Division at Surfside Town Hall, or call (305) 861-4863, extension 230.

Lights that shine on a nesting beach can draw turtle hatchlings away from the ocean and off the beach where they have a slim chance of survival. Beach lights also scare away female turtles crawling ashore to nest. Sea turtles still return to beaches that were once dark and empty to lay their eggs. Now they must compete with residents, tourists, obstacles and bright lights. Beachfront lighting can also cause sea turtle hatchlings to become disoriented and wander away from the ocean towards the brightest lights. When this happens, the hatchlings often die from dehydration, exhaustion, predators and passing cars. Beachfront lighting can be properly managed to benefit humans and sea turtles. In general, the light should be aimed at the ground where it is needed for safety. The light should be shielded from the beach and outfitted with an amber or red LED bulb.

When lighting coastal property, remember these rules:

• KEEP IT LOW – Use low mounting height and low bulb wattage. Flood, spot and pole lighting are discouraged.
• KEEP IT SHIELDED – Use full cut-off fixtures that direct the light down to the ground. Shield fixtures so the bulb, lamp or glowing lens cannot be seen.
• KEEP IT LONG – Sea turtles are less disturbed by the long wavelengths of light (570 nanometers or longer), such as yellow, amber or red lights.

For additional information, contact the Surfside Code Compliance Division at (305) 861-4863, extension 230, or the Sea Turtle Conservancy at (352) 373-6441

The Town’s landscape requirements encourage the planting of quality landscaping material and aesthetic landscape design.

The Town has standards for the installation of landscaping and irrigation systems. All buildings, structures, new developments, redevelopment and change of use requiring a permit obligates the property owner to submit a landscape and irrigation plan with a current property survey to the Building Department.

Property owners are responsible for maintaining their landscaping in a manner that presents a healthy, vigorous and neat appearance. All landscaped areas shall be sufficiently fertilized and irrigated to maintain the plant material in a healthy and viable condition. All fertilizer shall be safe and environmentally friendly. 

Weeds, noxious grasses or underbrush that are in excess of eight inches in height must be cut, removed or re-sodded. Landscaping that is found to be in a state of decline, dead, damaged or missing must be replaced with equivalent landscape material.

Shrubs and hedges must be planted and maintained so that such materials do not obstruct clear sight triangle visibility at intersections and driveways, and enable pedestrian and vehicular visibility.

Trees, shrubs and hedges should not be planted in front yards in the Town’s easement area, which is approximately 6.5 feet from the roadway curbing, with the exception of Surfside Boulevard which is approximately 11 feet from the roadway curbing.

Any type of tree abuse or hatracking (topping off) of a tree is prohibited by Surfside and Miami-Dade County Codes. Guidelines for the use of plant material, open spaces, tree planting, removal and relocation and spraying are provided in the Town Codes.

Planning to build a new house or demolish a building? Adding a room to your existing house, enclose a garage, or make repairs or improvements that involve trade workers? Florida law and Town Codes require that you first apply for and obtain a Town of Surfside Building Permit prior to commencing work. Florida Statute 553.79 states that

“it is unlawful for any person, firm, corporation, or governmental entity to construct, erect, alter modify, repair or demolish any building within the state without first obtaining a permit thereof from the appropriate enforcing agency…”

On December 13, 2016, the Town Commission adopted a new Ordinance that will regulate the placement of beach furniture on the public beach. The goal of the Ordinance is to protect the public health, safety and welfare of all beach users.

The Ordinance defines beach furniture to include any chair, umbrella, tent or any other object that is used on the beach. The Ordinance places specific limitations on beach furniture placement. Beach furniture items shall not inhibit access to the public beach, nor obstruct reasonable access on the beach for pedestrians and emergency vehicles, nor impact native vegetation, nor affect sea turtles or other wildlife.

Beach Furniture Operators, as defined in the Ordinance, must obtain a Town issued permit to place beach furniture on the public beach. In addition, they must procure a local business tax receipt to engage in beach furniture operations. The Ordinance does not require a permit from the general public to place beach furniture on the public beach for their personal use.

Any person or entity that is found to be in violation of the Ordinance will be subject to pay a civil fine. If you have any questions concerning this new Ordinance, please contact the Town’s Code Compliance Division, at (305) 861-4863, ext. 230.

Did you know that the Town of Surfside has an Ordinance that regulates the days and hours of construction work? All residents, businesses, developers and contractors are required to adhere to and follow the Ordinance requirements.

Going forward from the date of the adoption of this new Ordinance, all construction activities that require a building permit, such as electrical, plumbing, mechanical, roofing and structural work, are restricted to working on Monday through Friday, from 8 a.m. to 6 p.m., and are prohibited on Saturdays, Sundays and all federal holidays. There are some exceptions, such as work related to infrastructure and utilities, roadways, other public right-ofway construction, minor repairs and maintenance activities inside of private dwelling units as well as painting with manual tools (no commercial sprayers).

The Town Manager may authorize construction activities outside of the established work days and hours on a case-by-case basis.

For construction projects over 10,000-square-feet in size or valued over $1 million in cost, contractors are required to post notice signs at the property to state that the property is an active construction site. In addition, the contractor is required to provide contact information for public complaints and concerns.

The Town’s Noise Ordinance provides additional rules and regulations as to noise that is generated from construction activities. In general, loud, excessive or continuous noise is prohibited. If you have any questions concerning construction work days and hours, then please contact the Town’s Code Compliance Division by calling (305) 861-4863, extension 230.

The use of home offices and home businesses are allowed in Surfside with the following restrictions:

1. Must be the resident of the premises.
2. Must be clearly incidental and secondary to its use for residential purposes.
3. No outside display, storage or use of the land for the home office and no change in the outside appearance of the property as a result of the home office.
4. No equipment used by the home office is allowed to create any noise, odors or electrical interference.
5. No trash, sewage, solid waste or waste than normal household trash and recyclables is can be generated.
6. No retail or wholesale sales are allowed on premises except for telephone, mail, delivery service, internet sales or similar electronic sales.
7. No traffic is generated by such home office in greater volume than would be normally expected in the neighborhood.
8. No customers, clients, business associates or sales persons shall visit the residence for a business purpose.

The Home Offices Ordinance also states that a residence cannot be used for personal services, such as the practice of medicine, chiropractic medicine, dentistry, massage, cosmetology, barber shops or salons. There is an annual local business tax of $125 the home owner must pay to the Town of Surfside. Other license requirements apply. For further information on Home Offices, please contact Alan Graham, Code Compliance Director, at (305) 861-4863.

Is it time to sell, rent or lease your house? If so, your realtor will be putting up a sign on your front lawn. Be sure that you follow the Surfside Town Code of Ordinances as they relate to temporary real estate signs. 

Only one professionally lettered real estate sign is permitted per street frontage. The maximum sign panel area is 18 inches by 24 inches. A maximum of two “rider” signs are allowed and can be attached above or below the sign. The riders may not exceed 6 inches by 24 inches per rider for in-ground signs. Examples of riders are Single-Family Only or Swimming Pool.

The maximum height for in-ground signs, including support frame, is 42 inches from the ground to the top of the sign. The sign shall be located outside of the sight visibility triangle of the property (away from all hedges and walls that may obstruct the view of the roadway or intersections).

Signs shall be constructed of rigid, weatherproof materials. All real estate signs shall be black and white, and may include a trademark logo or symbol. Signs shall not be illuminated or lighted in any manner and cannot extend across the property line.

For commercial properties, signs must be mounted flat against the building wall. For vacant lots, signs shall be securely fastened to a wood or freestanding stake or post of sufficient strength to support the sign. 

Finally, real estate signs shall be removed within seven (7) days of a lot, building or residence space being leased, rented or sold. If you have any questions about temporary real estate signs, then please call the Code Compliance Division at (305) 861-4863.

The Town of Surfside regulates the use of political campaign signs under Zoning Code Section 90-74, Temporary Signs. Political campaign signs may be displayed in both the residential and business districts.

Political campaign signs may not be erected or displayed more than 90 days prior to the election date or ballot vote, and all signs must be removed no later than seven days after the election or ballot date. When a candidate is a participant in a run-off election, the candidate’s political campaign signs may be displayed until the run-off election is concluded.

Political campaign signs must be professionally lettered, and may not be lighted or illuminated in any manner.

Political campaign signs may be not affixed or attached to the surface of any public street, public right-of-way, easement, sidewalk, curb, street pole, or public property or public place. Any campaign sign so affixed or attached will be removed and destroyed by the Town without notice to the political campaign.

For residential and business districts, the maximum sign size is three square feet. For in-ground signs, the maximum height including support frame is 42 inches from the ground to the top of the sign. In residential districts, only one political campaign sign is permitted per street frontage. Signs may not obstruct roadway visibility. 

Prior to posting any political campaign sign, the political campaign office must first obtain the permission of the property owner to post a  political sign. Signs may not be placed on vacant lots or vacant properties without the expressed consent of the property owner. At this time, the Town of Surfside does not require a political campaign sign bond.

If you have any questions, please contact the Town of Surfside, Code Compliance Division, at (305) 861-4863.

Litter is anything animal, vegetable or material discarded, deposited or placed on any public or private property other than in a trash receptacle used for the collection of solid or liquid waste.

In Surfside, it is unlawful for any person to throw, discard, place or deposit litter in any manner or amount on any public or private property except in proper containers. This definition includes all waterways and coastal waters. Our Town’s Litter Ordinance also applies to unfinished, unoccupied or closed structures, construction sites and vacant lots. The following are common examples of littering:

• The distribution or placement of commercial handbills is considered to be littering. If ten or more handbills are distributed, placed or deposited anywhere, then the business being advertised on the handbill is considered to be the responsible party (violator).
• The Town is authorized to pick up and dispose of bulk litter and charge the property owner or person/business that is responsible for creating the litter.
• It is unlawful to carry onto any beach a glass container or to carry any expanded polystyrene product onto any beach or public park within the Town of Surfside.

Surfside Code Compliance Officers will issue the litter violator a “Notice of Violation” that contains the fine amount and time period to remit the fine to the Town. The violator has 20 days to appeal the issuance of the violation notice. The Town can compel payment of civil fines and is allowed to record a lien against the offending property owner, business or person. The Town may revoke a Business Tax Receipt and/or a Certificate of Use for any business that has three or more littering offenses within a calendar year.

Under Florida’s Litter Law (Criminal State Statute, Chapter 403), it is unlawful for any person to dump litter in any manner or amount. Penalty fines can range from $100 to $5,000. For more information, contact Alan Graham, (305) 861-4863, ext. 230.