Laserfiche WebLink
<br />Summary Minutes: Regular City Commission Meeting March 15,2007 <br /> <br />City of Sunny Isles Beach, Florida <br /> <br />sufficient, you cannot say to fix it within 24 hours because you might have an issue with the <br />fans that can't be fixed in 24 hours, but the ordinance does not call for a timeframe. City <br />Attorney Ottinot said that this ordinance would be enforced just like any other Code <br />Enforcement Ordinance, you have a notice of violation, if the violation is not cured, obviously <br />a citation will be issued, and due process will be committed to the violator, so you want to <br />give notice first, and the person who is the violator will either cure the problem or you enforce <br />it later on, when you issue a notice of violation you have 7 days to cure it, and ifit is not cured <br />within that 7 days, a citation is issued, and then if they appeal it, they would go before a <br />Special Master. <br /> <br />Commissioner Brezin suggested eliminating this and just leave it with such volume at any <br />hour because if it is at a magnitude where it is disturbing somebody, don't just specifY 11 :00 <br />p.m. to 7:00 a.m. City Attorney Ottinot said that this complaint was based on neighboring <br />properties and this Ordinance is dealing with property to property, we, at this time based on <br />discussion internally with staff, exempted condo units. <br /> <br />City Manager Szerlag suggested to revise the Ordinance by going to Article I, 193-3, page 2 <br />(agenda page 32), second sentence, "... to create a continuous airborne sound which exceeds <br />60 decibels (dB(A))..." and add "or the ambient background noise, whichever is greater", and <br />the Commission agreed. <br /> <br />Mercedes Cantrell said she is upset because the City is eliminating condominiums, and City <br />Attorney Ottinot said only at this time. He said Mayor Ede1cup indicated earlier that we have <br />the authority under the Nuisance Ordinance, if someone is interfering with your peace, the <br />City can cite that person for being a public nuisance within a condo. City Attorney Ottinot <br />said that one of the issues is a continuing violator, the City can impose fines for continuing <br />violation, and noted that the property owner would be the violator. City Attorney Ottinot said <br />one of the things we can do between first reading and second reading is to see how we can <br />address Ms. Cantrell's problem with the noisy neighbor below her. Mayor Ede1cup said that <br />the Nuisance Ordinance covers this problem, with a $500 a day fine from the first offense on, <br />but again it can only be enforced by us if somebody calls us to tell us that it is happening, the <br />Police can provide a report to Code Enforcement to take action based on the Police report, to <br />Issue a summons. <br /> <br />City Attorney Ottinot clarified for the record that this ordinance also applies to any person, <br />profit corporation, non-profit corporation. <br /> <br />Vice Mayor Thaler moved and Commissioner Goodman 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, April <br />19,2007, at 7:30 p.m. <br />V ote: Commissioner Brezin m <br />Commissioner Goodman yes <br />Commissioner Iglesias yes <br />Vice Mayor Thaler yes <br />Mayor Edelcup m <br /> <br />6 <br />