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ORDINANCE NO. 98-5 ~ AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 2 OF ORDINANCE NO. 98- 40 WHICH PROVIDES FOR A MORATORIUM ON THE FILING AND CONSIDERATION OF ZONING APPLICATIONS AND A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS TO PROVIDE AN ADDITIONAL WAIVER (OR EXCEPTION) FROM SAID ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 16, 1998, the City Commission of the City of Sunny Isles Beach issued a moratorium on both building and zoning during preparation of the City's comprehensive plan in accordance with 163.3177 Florida Statutes; and WHEREAS, the City Commission has subsequently been advised that there is a proliferation of code enforcement violations of both the South Florida Building Code and Chapter 33, "Zoning" of Code of Miami-Dade County as applicable to the City of Sunny Isles Beach by virtue of Section 8.3 of its Charter; and WHEREAS, the City Commission has expressed the desire to assist both the residents and business owners in the community to encourage them to come into compliance with the Code and therefore wishes to extend an Amnesty Period for all existing structures and uses to bring them into compliance with such Code; and WHEREAS, the moratorium on building and zoning as provided in Ordinance No. 98-40 must be amended to allow for a waiver of same for those attempting to exercise the provisions ofthe of Resolution 98-94, as amended by Resolution 98-99 (the "amnesty resolution"); NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Section 2 of Ordinance No, 98-40 shall be amended as follows: Section 2. Vlaivels. In addition to the exemptions in Section 1. ofthis Section, upon application by a plOperty ownel, the City Commission, aftel public healing, may giant wai veiS to the m01atoiium and authorize eithei the consideiation of a zoning application Oi the iSSuance of de v elopment 01 del s w hel e it deteunines that the action w ill not conti a v ene the purpose of this Oidinance and will not, in the discretion of the City Commission, mateiially ieduce the existing capacity of public sel v ices. Moratorium Amendment Ord. -1- .