2006 0518 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting May 18, 2006 City of Sunny Isles Beach, Florida Mayor Edelcup said current code provisions give you whatever authority you need to get the enforcement because it is our emergency situation and we don't have time to waste when the alerts go out. Building Official Parker said that we utilize Code Enforcement at that time, also we go to every building to put out the warnings, and he said he is preparing another presentation for Hurricane Preparedness. Mayor Edelcup said we need to make this a very tight ordinance with whatever powers are needed and he asked City Manager Szerlag to review with staff to make sure our Code gives whatever latitude is needed. Commissioner Thaler said that there was a point brought up on condemned buildings and asked what we are doing about condemned buildings. Building Official Parker said that we have had four engineers reports, and City Manager Szerlag said one thing that we are doing now is instead of relying on engineering reports from structural experts that represent an interested party, we will still receive those, but then we are going to have an independent analysis that the City will pay for to do a "Peer Review" and we are currently doing that through Calvin Giordano and Associates on one of the buildings that is believed should be condemned by some parties, the La Playa structure. Commissioner Thaler asked what are we going to do if we get a hurricane or storm on June 1 what has been done, and City Manager Szerlag said that he knows there is a time issue involved and assuming the Peer Review indicates that the structure should be condemned, there is a permitting and appeal process which will extend well into the hurricane season. He said we have to take these things as they come and review them in an expedient manner when they come to our attention. City Attorney Ottinot said regarding La Playa there is a likelihood that what ever decision that the City makes in respect to certain unit owners they will appeal the decision to the County agency that deals with unsafe structures. Mayor Edelcup said that there may be other buildings, he knows there is one just north of the Park, and Building Official Parker said they have already applied for a demo permit. Mayor Edelcup said that we need to make sure on any demo permits then that we somehow expedite it, we need to help make it happen and whatever we can do in that respect we should accelerate those and give them priority treatment. Building Official Parker said that they received an application late this afternoon for a demo permit for the La Playa, and City Attorney Ottinot said that there are some legal issues that he needs to speak to Building Official Parker on, there is some pending litigation between unit owners and the developer interest that controls the board and there are some legal issues that need to be resolved if we are going to act on this demo permit and he will issue a legal opinion to the City Manager and copy the City Commission. Commissioner Thaler asked if the Commission can be kept up on those buildings that have been condemned and where they are and where we stand, such as a monthly report or be updated every month. Mayor Edelcup said even though there are legal issues, life safety should take preeminent over these issues because that can be done after an event has occurred, and not to hold up anything because oflegal issues. City Attorney Ottinot said he would issue a legal opinion, and that if the permit applicant believes that he has complete authority and legal support for that permit, he can write his own legal opinion and he would review it, but there are some serious issues that he has researched in terms of who has control of the Association. 14