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HomeMy WebLinkAboutOrdinance 2023-601ORDINANCE 2023- bi) I— AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 217 OF THE SUNNY ISLES BEACH CODE OF ORDINANCES TITLED "RENTAL PROPERTY" AND CHAPTER 231 TITLED "SOLID WASTE" TO RESTRICT THE TIMES TRASH AND RECYCLING RECEPTACLES CAN BE PLACED OUT; AMENDING SECTIONS 231-33 TO REVISE THE PENALTIES FOR VIOLATIONS OF CHAPTER 231; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") regulates the length of time trash and recycling receptacles can be placed curbside for purposes of collection; and WHEREAS, trash and recycling receptacles can be unsightly and affect the aesthetics of the City's neighborhoods; and WHEREAS, the City Commission has determined that the proposed amendments are critical to maintaining the aesthetics of the City's neighborhoods, and serve the public health, safety, and welfare of the citizens of the City. 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 217 of the Sunny Isles Code of Ordinances. Chapter 217 of the City Code is hereby amended to read as follows: ARTICLE I - Registration for Seasonal Residents § 217-4. Application. Applications for registration shall set forth and/or include, at a minimum, the following: A. Address, lot, block and subdivision name of the single-family detached dwelling unit offered for rental; B. Name, address, and phone number of the owner of said single-family detached dwelling unit; ' 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 wikethFewgI4. Page 1 of 4 C. Name, address, and emergency contact phone number of responsible party and tenant for said single-family detached dwelling unit, which shall be a 24-hour, seven -days -a -week contact number; D. That the phone number for the responsible party will be answered 24 hours a day, seven days a week by a party with authority to address or coordinate problems associated with the single-family detached dwelling unit; E. Acknowledgments, by owner and tenant, of the following: (1) That all vehicles must be parked in the driveway of the single-family detached dwelling unit and clear of all grassy areas and sidewalk sections pursuant to the City of Sunny Isles Beach Code of Ordinances; (2) That it shall be unlawful to allow or make any noise or sound which exceed the limits set forth in Chapter 193, Noise, of the Code of the City of Sunny Isles Beach; (3) That no garbage container shall be located at the curb for pickup before 1':^�n 5:00 pm of the day prior to pickup and that garbage containers shall be removed before 12:00 midnight of the day of pickup; (4) That whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance of a single-family detached dwelling unit or, having been authorized, licensed, or invited, is warned by the owner or lessee to depart the single-family detached dwelling unit and refuses to do so commits the offense of trespass in a structure or conveyance. F. Proof of owner's current ownership of the single-family detached unit and a copy of the lease between the owner and tenant. Section 3. Amendment to Chapter 231 of the Sunny Isles Code of Ordinances. Chapter 231 of the City Code is hereby amended to read as follows: ARTICLE I - Collection Services ARTICLE III Curbside Pickup § 231-31. Time restrictions on setting out and removing trash and containers. Residential trash, trash and garbage receptacles may not be placed for curbside pickup FRGFe hews afAeF " ffiel( p. earlier than 5:00 p.m. of the day preceding the scheduled collection time and containers must be removed and placed out of sight by no later than midnight of the scheduled collection day. ARTICLE IV Residential Container § 231-32. Single-family and two-family residential garbage can location. A. It shall be unlawful for any person to place or store, or allow to be placed or stored, a garbage can upon or in any public street, alley or right-of-way; except that such container or receptacle may be placed in the public right-of-way d,,FiRg the GelleetieR ".Gees as Page 2 of 4 speeified ;n SeGtiOR 15 5 of the County Gede. no earlier than 5:00 p.m. of the day preceding the scheduled collection time and containers must be removed and placed out of sight by no later than midnight of the scheduled collection day. B. At all other times, except as provided in Subsection A above, garbage cans shall be maintained on the owner's property behind the front building line furthest from the street, in such a manner as to not be plainly visible from the street. C. Garbage can lids shall be kept closed at all times when the garbage can is not being used or serviced. D. Containment of garbage. (1) Garbage and trash shall be placed inside the garbage can. Loose garbage and trash in plain view is a violation of Code, a health hazard, and aesthetically undesirable. The property owner shall be responsible for keeping the immediate area surrounding the garbage can litter, garbage, and trash free at all times. (2) It shall be a violation of the Code of Ordinances to allow the garbage can to be filled to over capacity so that the lid is prevented from closing. Garbage cans shall be maintained in good repair. The location of a garbage can on said property and behind said building line shall not be so located as to cause a nuisance to the surrounding properties. § 231-33. Enforcement and Penalties for offenses. A. Any person who violates any section of this article shall be subject to the issuance of a civil penalty as follows: (1) First offense: $25.00 $100.00. (2) Second offense: $50.09 $200.00. (3) Third offense: $100 00 $250.00. B. The provisions of this chapter shall be enforced in accordance with Chapter 14, Code Enforcement, of the Code of the City of Sunny Isles Beach. Each day a violation continues shall be considered a separate offense. Section 4. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 5. 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 6. Inclusion in the Code. 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 Page 3 of 4 renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 7. Effective Date. This Ordinance will become effective ten (10) days after adoption at second reading. PASSED AND ADOPTED on first reading thisLay of March 2023. PASSED AND ADOPTED on second reading this day o pril 2023. Larisa Svechin, Mayor Mauricio CMC, City Clerk First Reading Motion: Second: Vote on First Reading: Mayor Svechin Vice Mayor Joseph Commissioner Lama Commissioner Stuyvesant 60h Commissioner Viscarra Vote on Second Reading: Mayor Svechin Vice Mayor Joseph Commissioner Lama Commissioner Stuyvesant Commissioner Viscarra APPROVED AS TO FORM AND LEGAL SUFFICIENCY: lerie Vicente, City Attorney Second Reading Motion: ' r M.. Second:( / Yes) (No) Yes) (No) (Yes) (No) Yes) (No) Yes) (No) Z(Yes) (No) (Yes) (No) (Yes) (No) -/(Yes) (No) (Yes) (No) Page 4 of 4 C,rr OF 51M,A 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 FROM: Stan Morris, City Manager DATE: April 20, 2023 RE: Amendment to Chapters 217 and 231 of the City's Code Restricting Placin€ of Trash ReceptaclesA RECOMMENDATION: Staff recommends approval of this Ordinance. REASONS: Chapter 231 of the City's code regulates the length of time trash, and recycling receptacles can be placed curbside for purposes of collection. Trash and recycling receptacles can be unsightly and affect the aesthetics of the City's neighborhoods. The Code currently states that residential trash, trash, anc garbage receptacles may not be placed for curbside pickup more than 24 hours before pickup and all receptacles must be removed from the curbside within 24 hours after pickup. The amendment will restrict it to residential trash, trash, and garbage receptacles may not be placed for curbside pickup earlier than 5:00 p.m. of the day preceding the scheduled collection time, and containers must be removed and placed out of sight by no later than midnight of the scheduled collection day. This ordinance will assist with maintaining the aesthetics of the City's neighborhoods and serve the public health, safety, and welfare of the citizens of the City. ATTACHMENTS: Ordinance Item Number: 9.13