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HomeMy WebLinkAboutOrdinance 2024-620ORDINANCE NO. 2024 - 6 a® AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES SECTIONS 26-3 AND 26-13 OF CHAPTER 26 ENTITLED "ELECTIONS", SECTION 62-7 OF CHAPTER 62 ENTITLED "PURCHASING", SECTION 104-4.2 OF CHAPTER 104 ENTITLED "ART IN PUBLIC PLACES", SECTIONS 250-14 AND 250-15 OF CHAPTER 250 ENTITLED "UTILITIES", AND SECTIONS 265-11 AND 265-62 OF CHAPTER 265 ENTITLED "ZONING", TO REMOVE ALL REFERENCES TO ADVERTISEMENT AND PUBLICATION OF NOTICES IN NEWSPAPERS OF GENERAL CIRCULATION AND TO PROVIDE FOR ADVERTISEMENT OF NOTICES ON MIAMI-DADE COUNTY'S PUBLICALLY ACCESSIBLE WEBSITE, AS PERMITTED BY CHAPTER 50, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 50, Florida Statutes, has been amended to provide for internet website publication of legal notices; and WHEREAS, as a more cost-effective option, the City of Sunny Isles Beach (the "City") desires to publish its official notices through the internet in accordance with Section 50.0211, Florida Statutes; and WHEREAS, several chapters of the City's Code of Ordinances (the "Code") includes language that limits the City's options to publish its legal notices to only be published in a "newspaper of general circulation"; and WHEREAS, the City desires to amend its Code to delete all limitations to publish its legal notices in a newspaper of general circulation and expand its options for publication to include all permitted sources under Chapter 50, Florida Statutes; and WHEREAS, the City Commission finds it is in the best interest of the City to amend its Code to expand the options for publication that are authorized pursuant to Chapter 50, Florida Statutes. 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 by this Ordinance upon adoption hereof. ' Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, deletions on first reading are shown as striketbrough and deletions on second reading are shown as d @BCL@8COBCF87.doc Page 1 of 7 77 Section 2. Amendments. The following sections of the City's Code of Ordinances are amended to read as follows: Chapter 26 - Elections Article I — Procedures § 26-3. City Commission resolution to provide election information; change of polling places. B. The City Commission shall further authorize and direct the City Clerk to give notice of the adoption of such resolution and of the provisions thereof hereinbefore prescribed, by and through the publication of an appropriate advertisement in a n_,. spap meeting accordance with the FeqwffiFeFAeRt& provisions set forth in §,-50.031 Chapter 50, Florida Statutes, once a week for #ef two consecutive weeks next preceding the day upon which such municipal election is to be held. § 26-16. - Vacancies; forfeiture of office; filling of vacancies. B: Forfeiture of office. (3) Procedures. The Commission shall be the sole judge of the qualifications of its members and shall hear all questions relating to forfeiture of a Commissioner's office, including whether or not good cause for absence has been or may be established. The burden of establishing good cause shall be on the Commissioner in question; provided, however, that any Commissioner may at any time during any duly held meeting move to establish good cause for the absence of him/herself or the absence of any other Commissioner, from any past, present or future meeting(s), which motion, if carried, shall be conclusive. A Commissioner whose qualifications are in question, or, who is otherwise subject to forfeiture of his/her office, shall not vote on any such matters. The Commissioner in question shall be entitled to a public hearing(s) on request regarding an alleged forfeiture of office. If a public hearing is requested, notice thereof shall be published in one of geneFal ^ ,Matin„ :n the City in accordance with the provisions of Chapter 50, Florida Statutes, at least one week in advance of the hearing. Any final determination by the Commission that a Commissioner has forfeited his/her office shall be made by resolution. All votes and other acts of the Commissioner in question prior to the effective date of such resolution shall be valid regardless of the grounds of forfeiture. @BCL@8COBCF87.doc Page 2 of 7 78 Chapter 62 - PURCHASING § 62-7. - Competitive bidding procedure. B. Purchases over $50,000.00. (3) Public notice. Public notice of the invitation for bids shall be given not less than 14 calendar days prior to the date set forth in the notice for the opening of bids. Such notice ffRy shall be given by publication in a subsGFilatieR „e,.,spapeF „f geReF ,i ulati,,,, in the City accordance with the provisions of Chapter 50, Florida Statutes. The notice shall state the place, date, and time of bid opening. Unless otherwise directed, sealed paper bids shall be received in the City Clerk's office on, or before, the date and time set forth in the notice. Chapter 104 - ART IN PUBLIC PLACES § 104-4.2. - Procedures for reviewing Work of Art for multifamily and commercial projects. D. Public hearings before the Public Arts Advisory Committee shall be published in a newspapeF of geneFal ,.i.-„wiati ,,, accordance with the provisions of Chapter 50, Florida Statutes, at least teo seven days prior to the hearing. Neti^„ 'R the newspapeF iset Fed fee emeFgeney meetings called by the ''^mmitt However, if the need to call for an emergency meeting arises, the Committee is required to provide notice in the same manner as emergency meetings of the City Commission f9F emeFgeFiey Fneetings. Public hearings held under this chapter shall not be construed as a zoning hearing to review a site plan application filed by private developer/owner. @BCL@8COBCF87.doc Page 3of7 79 Chapter 250 — UTILITIES ARTICLE II - Underground Lines § 250-14. - Notice of property owner's failure to convert facilities. B. In the event the personal service upon the occupant of land or upon any agent of the owner thereof cannot be performed after reasonable search by a code enforcement officer, the notice shall be served by physical posting on the property, and by publication in a newspape ^� geneFa' ,.cr,.wlatien iR the ewnty accordance with the provisions of Chapter 50, Florida Statutes, at least twice, seven days between publications, and 30 days before the date the conversion is required. § 250-15. - Conversion of facilities by City; lien; recording; redemption. A. If within 60 days after service of the Sad- Mail ^' notice er by physieal Pesti g of the Retic^ the pFepeFty, .,r within 39 days „f nett .^ by publi .alien On a RewspapeF, as set forth in the preceding section, the required conversion of service facility has not been effected, the City Manager shall cause the conversion to be made by the City of Sunny Isles Beach at the expense of the property owner. The cost of the conversion shall constitute a lien upon the real estate served thereby. Upon ordering a conversion of service facilities to be made by the City, the City Manager shall cause to be recorded in the public records, a Notice of Utility Service Conversion Lien Pending, which shall include a description of the property and a statement that a conversion has been ordered, the cost of which shall under this section constitute a lien. Chapter 265 - ZONING ARTICLE V - Development Review Procedures § 265-11. - Procedures of general applicability. @BCL@8COBCF87.doc Page 4 of 7 80 E. Public hearing and notices procedures. All public hearing and notice requirements shall be provided in accordance with the provisions of F.S. § 163.3184(1511) for a change to the City's adopted Future Land Use Map, F.S. § 166.041 for adoption of ordinances and resolutions, and the City's quasi-judicial legislation as may be amended. Written recommendations of the City Manager or his designee shall be developed and such recommendations shall become a part of the hearing file and record, and open for public inspection. Notice of the time and place of the public hearing describing the nature of the application and street address of the property shall be published in ^ newspapeF of geneFal H Haben it th , r.+.. accordance with the provisions of Chapter 50, Florida Statutes, not less than ten days prior to the public hearing. A notice containing substantially the same information set forth in the published notice shall be mailed to the property owners of record located within a radius of 300 feet of the property described in the application not less than ten days prior to the public hearing. The property shall be posted no later than ten days prior to the hearing in a manner conspicuous to the public, byia sign or signs containing information concerning the application, including but not limited to the applied for zoning action and the time and place of the public hearing. All costs of advertising, mailing and posting shall be borne by the applicant. Modifications made to the application and site plan (regardless of cause or reason for those changes) subsequent to the issuance of the recommendation from Director shall cause the matter to be deferred until such time that the changes have been reviewed in accordance with the procedures set forth herein and in any case, not less than 30 days after such modifications have been submitted to the City. ARTICLE IX - Sign Regulations § 265-62. - Removal of improper signs. C. Removal or repair costs. Costs incurred by the City in removal or repair of a sign shall be charged to the real property owner on whose property the sign is located. The City shall assess the entire cost of such demolition, removal or repair, which assessment shall include, but not be limited to, all administrative costs, postal expenses and RewspapeF publication costs. Such charge shall constitute a lien upon such property. The City Clerk shall file such lien in the County's official record book showing the nature of such lien, the amount thereof and an accurate legal description of the property. No occupational license shall be approved for such a property until the full amount associated with the lien, or the full amount in the event no lien has yet been filed, has been paid to the City by the property owner. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. @BCL@8COBCF87.doc Page 5 of 7 81 Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the code of the City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading the� day of August, 2024. PASSED AND ADOPTED on second reading the l i d -g of September, 2024. ATTEST:" + Maukicio Betan jur, CMC, City Clerk First Readine Motion: 6xo�m—emz;- Second:41 a. L, .F ._ xv Vote on First Reading: Mayor Svechin Vice Mayor Lama t4186,6 Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Vote on Second Reading: Mayor Svechin sa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A in E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Second Reading ria � ��Kl!r.SIPWIWZ— (Yes) r Second: (No) (Yes) (Yes) (No) (No) (Yes) (No) (Yes) (No) (Yes) (No) @BCL@8COBCF87.doc Page 6 of 7 82 Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Z(Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) @BCL@8COBCF87.doc Page 7 of 7 83 *P 9�t c�ppl yf. c,rP ils 51.« :r. 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: Mauricio Betancur, CMC, City Clerk DATE: September 19, 2024 RE: Ordinance Amending the City's Code to Permit Publishing of Legal Notices on Miami -Dade County's Website RECOMMENDATION: Adopt the Resolution. REASONS: This ordinance seeks to amend several sections of the City's Code of Ordinances to permit the publication of legal notices on Miami -Dade County's publicly accessible website, as authorized by recent changes to Chapter 50, Florida Statutes. The City's Code currently mandates that legal notices be published in a "newspaper of general circulation," which is both costly and less effective. Updating the City's Code to permit this flexibility is necessary to maintain compliance with state law. ATTACHMENTS: Ordinance Item Number: 9.13 76 Resolution Chief's Certification Item Number: 10.A 85