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HomeMy WebLinkAboutOrdinance 2021-575ORDINANCE NO. 2021- t�� (. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 183-1 "PERMITS REQUIRED" OF CHAPTER 183 "LICENSES AND PERMITS" OF THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES TO PROVIDE FOR A PENALTY FOR VIOLATIONS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 183-1 "Permits Required" of Chapter 183 "Licenses and Permits" of the Code of Ordinances ("Code") of the City of Sunny Isles Beach ("City") provides that permits are required for various acts; and WHEREAS, in order to preserve the health, safety and welfare of the residents, the City wishes to set forth the penalties for a violation of Section 183-1 within the City's Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:' Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Amendment to Chapter 183 of the City Code. Chapter 183 of the City Code is hereby amended to read as follows: ARTICLE I — Revocation § 183-1. - Permits required. A. Building permit required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change a building, structure, or part thereof, or conduct work in the public rights-of-way or public easement, or use, clear, fill, excavate, move, pave, grade or otherwise alter land, water or beach sand, shall first be required to obtain the applicable building permit from the City prior to commencing any such work. B. Permit for lane closure. Any applicant who intends to close a lane of traffic shall be required to obtain a permit from the City prior to doing so. C. Permit for beach access closure. Any applicant who intends to close a beach access shall be required to obtain a permit from the city prior to doing so. D. Display of permit. Whenever work in connection with a permit is occurring, a permit card or copy shall be conspicuously displayed in the front of the premises at all times from the date the permit is issued until final inspection. A set of approved plans and a 1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, and deletions are shown as stFik�, h. 02021_Amend_Sec_183-1_Add_Penalty_for_Failure_to_Obtain_Permit_2nd_Rdg (1) Page 1 of 3 final as -built survey shall be made available at all times on the premises where work in connection with the permit is occurring. E. Penalties for offenses; enforcement. Any person or entity who violates the provisions of this section shall be subject to a fine of -SAA A9 250 er da for a first violation and 500 per day for a repeat violation, to be issued in accordance with Chapter 14 of the City's Cod of Ordinances. Each day any violation of this Article continues shall constitute a separate offense. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 5. Inclusion. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. PASSED AND ADOPTED on first reading this 14th day of September, 2021. PASSED AND ADOPTED on second readingjtl21st day of October, 2021. Maukicib Bet�ancur, CMC, City Clerk Larisa �vechin, Mayor APPROVED AS TO FORM AND LEGAL SLIFFICI CY: 1 F ,ward A. Dion, City Attorney 02021_Amend_Sec_183-1_Add_Penalty_for_Failure_to_Obtain_Permit_2nd_Rdg (1) Page 2 of 3 First Reading Motion: Second: -- '. I I /3 � Vote on First Reading: Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra Vote on Second Reading: Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra Second Readi Motion: &YOLS-10 4- Second: (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) 02021_ Amen d_Sec_183-1_Add_Penalty_for_Failure_to_Obtain_Permit_2nd_Rdg (1) Page 3 of 3 <' • FL4� 4 ofrT or 5�)A 10 o City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Christopher J. Russo, City Manager FROM: Claudia Hasbun, Development Services Director DATE: October 21, 2021 RE: Amendment to Section 183-1 "Permits Required" of the Code of Ordinances RECOMMENDATION: Staff recommends approval of this Ordinance. REASONS: Section 183-1 "Permits Required" of Chapter 183 "Licenses and Permits" of the Code of Ordinances o - the City of Sunny Isles Beach provides that permits are required for various acts, including but not limited to, the construction, demolition, repair or any alteration to a building or structure, conducting work in public right-of-way or public easement, lane closures, and beach access closures. Section 183- 1 further notes that permits shall be conspicuously displayed for approved work until final inspection. To preserve the health, safety and welfare of the residents, the City wishes to set forth penalties for a violation of Section 183-1 "Permits Required" within the City's Code of Ordinances. The amendmerr dictates that any person or entity who violates the provisions of this section shall be subject to a fine of $500.00 to be issued in accordance with Chapter 14 of the City's Code of Ordinances. ATTACHMENTS: Ordinance Item Number: 9.A