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HomeMy WebLinkAboutOrdinance 2026-647ORDINANCE 2026 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, §14-18, ENTITLED "SETTLEMENT PROCEDURES," TO AMEND AND CLARIFY PROCEDURES FOR THE REDUCTION OF FINES, LIENS, AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, confers upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the City Commission of the City of Sunny Isles Beach (the "City") has the authority to amend its code provisions pursuant to Section C-4.3 of the City's Charter; and WHEREAS, the City's Code Compliance Division (the "Division") has conducted additional review of §14-18 of the City's Code of Ordinances, entitled "Settlement Procedures;" and WHEREAS, after its review, the Division recommends revising §14-18 to provide additional clarity on the reduction limits of accrued Code Compliance penalties; and WHEREAS, the City Commission hereby finds that the adoption of these revisions promote the public health, safety, and general welfare of its citizens, and is in the best interest 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. Amending §14-18 in Chapter 14 of the Code of Ordinances. §14-18 in Chapter 14 of the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled, "Settlement Procedures," is hereby amended as follows: § 14-18. Settlement Procedures The City Manager is authorized to reduce fines, liens, and penalties as follows: ' 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 stFikethFeugh and deletions on second reading are shown as @BCL@DC1695F8 Page 1 of 3 519 J. Fines or liens for owner -occupied property shall not be reduced to an amount less than fifteen (15) percent of the total fine amount, or to the total of all incurred City costs and expenses including but not limited to attorney's fees, whichever is greater. The fines for all other property shall not be reduced to an amount less than fifty (50) percent of the total fine amount, or to the total of all incurred City costs and expenses including but not limited to attorney's fees, whichever is greater. K. Notwithstanding the reduction limitations in subsection J, llupon a finding of extreme extenuating circumstances hardship, including financial hardship, the City Manager may reduce the fine or lien amount up to one hundred (100) percent of the total amount. Such a fiRding reductions may only be made in rare ;; ,H extraordinary circumstances. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed to the extent of such conflict. 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, but shall remain in full force and effect. Section 5. 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 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 6. Effective Date. This Ordinance will become effective immediately upon adoption at second reading. Mau PASSED AND ADOPTED on first reading this zl flay of January, 2026. PASSED AND ADOPTED on second reading this r, CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ­v4 F_ped� AI in E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney @BCL@DC1695F8 Page 2 of 3 520 First Reading Vote on First Reading: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Vote on Second Reading: Mayor Svechin Vice Mayor Viscarra Commissioner Joseph Commissioner Lama Commissioner Stuyvesantbe54444� Second Reading i Second: awkflA-SlQ�-, zh� (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) /(Yes) (No) (Yes) (No) ✓ (Yes) (No) (Yes) (No) --' (Yes) (No) Page 3 of 3 *•r .A � �x0. kr .� •fop a1 rT� 4 F S. J N' ATE 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: Stan Morris, City Manager. FROM: Julio Davila, Code Compliance Manager. DATE: February 19, 2026 RE: Ordinance Amending City's Code of Ordinances Section 14-18 Relating to Settlement Procedures RECOMMENDATION: Staff recommends adoption of this ordinance. REASONS: The City Commission, through Ordinance 2025-638 amended Chapter 14 of the City Code in September 2025. The City's Code Compliance Division has conducted additional review of §14-18ofthe City's Code of Ordinances. After its review, the Division recommends a minor revision to provide further clarity on the reduction limits of accrued Code Compliance penalties. These revisions promote the public health, safety and general welfare of our citizen's and is in the best interest of the City. ATTACHMENTS: Ordinance Item Number: 8.13 518