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Summary Minutes:Regular City Commission Meeting November 20.2014 City of Sunny Isles Beach.Florida <br /> 7. ORDINANCES FOR FIRST READING <br /> 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending <br /> Chapter 212-4 "Property Maintenance" of the City Code to Prohibit the Accumulation <br /> of Stagnant Water in Commercial Parking Lots and Other Commercial Paved Surface <br /> Areas; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing <br /> for Enforcement; Providing for Inclusion in the Code; and Providing for an Effective Date. <br /> Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that this <br /> Ordinance was requested by Mayor Edelcup. This addresses a recurring issue of stagnant <br /> water in commercial parking lots. The purpose of this Ordinance is to require commercial <br /> property owners to remove stagnant water in excess of two(2)inches for a period exceeding <br /> 24 hours after the most recent rainfall. If the property owner fails to remove the rainwater <br /> the City will impose a first time violation resulting in a civil penalty in the amount of$500,a <br /> penalty in the amount of S 1,000 for a second violation,and each additional violation shall be <br /> assessed a penalty in the amount of 51,500. This Ordinance does not apply to residential <br /> property, there is another section in the City Code that deals with that. <br /> Public Speakers: None <br /> Vice Mayor Aelion said then that it is the opinion of staff that a 24-hour period is sufficient <br /> for whatever the amount of water there is and whatever rate of flow of incoming rain <br /> unpredictably is. Deputy City Manager Morris said we always try to apply a reasonable <br /> amount of time to comply with the Code. If we are in some sort of serious weather event we <br /> my to use a reasonable standard in enforcing the Code and work with the residents. Vice <br /> Mayor Aelion asked if there is an allowance for a tropical storm event. City Attorney Ottinot <br /> said the law allows staff to give reasonable discretion. We have seen pictures of commercial <br /> property letting standing water sit for several days. <br /> Commissioner Scholl said it is a function of enforcement, we can put the Ordinance on the <br /> books but if you don't hold people to it, and there is one property owner in particular that we <br /> are talking about; and Mayor Edelcup noted there are two property owners, the other one is <br /> Mr. Dezer where it floods at Epicure worse than the other one. <br /> Commissioner Levin said these fines and penalties are basically a slap on the wrist, it is <br /> going to cost them more money to clean the valves or drill deep wells as we were discussing <br /> in the Workshop. So why wouldn't they just say no they are not going to do it, and just pay <br /> the fine? Deputy City Manager Morris noted these fines are per day,it accumulates,and then <br /> it would become a lien. Commissioner Levin said she did not see that in the Ordinance,and <br /> City Attorney Ottinot said he would correct that on second reading. <br /> Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the <br /> proposed Ordinance on first reading,as amended. The motion was approved by a roll <br /> call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, <br /> December 18, 2014, at 6:30 p.m. <br /> Vote: Commissioner Gatto yes <br /> Commissioner Levin yes <br /> Commissioner Scholl yes <br /> Vice Mayor Aelion yes <br /> Mayor Edelcup yes <br /> 2t <br />