HomeMy WebLinkAboutOrdinance 2016-477 ORDINANCE NO. 2016- a�] 7
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION
265-20 OF THE CITY CODE TO REQUIRE THE SUBMITAL
OF SPOT SURVEYS TO THE CHIEF BUILDING OFFICIAL
AND ZONING ADMINISTRATOR DURING THE
CONSTRUCTION OF RESIDENTIAL AND COMMERCIAL
BUILDINGS; PROVIDING FOR APPLICABILITY AND
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS. the Building Official of the City of Sunny Isles Beach is responsible for
inspecting the construction of residential and commercial projects to ensure compliance with the
Florida Building Code and zoning approvals issued by the City Commission; and
WHEREAS. the Building Official and the Zoning Administrator have requested spot
surveys from building permit holders as a matter of practice during the construction of residential
and commercial projects to ensure compliance with building permit requirements and zoning
approval ; and
WHEREAS, the Building Official is requesting that the City Commission amend Section
265-20 of the City Code to require mandatory spot surveys for residential and commercial
projects.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Amendment. Section 265-20 of the City Code is amended to read as follows:
§ 265-20. - Reviews of building permits.
A. Purposes and applicability. The building permit and certificate of occupancy represent the
last point in the development review process. All other approvals, permits and certificates
required by the LDR must be applied for and obtained before an application for a
building permit may be considered for approval by the City. The Florida Building Code,
as amended, is hereby adopted as the regulation governing the construction of buildings
and structures in the City. Any qualified applicant desiring a permit to be issued by the
Chief Building Official as required, shall file an application in writing on a form provided
by the Department of Zoning, Planning and Building for that purpose. No development
shall occur until and unless the Building Division has issued a building permit.
B. Application requirements. Each application shall describe the land on which the proposed
work is to be done, by legal description and address; shall show the use or occupancy of
the building or structure; shall be accompanied by plans and specifications as required;
shall state the value of the proposed work; shall give such other information as
reasonably may be required by the Chief Building Official and the Florida Building Code
Amending.Section 265-20 Page I of 3
to describe the proposed work; and shall be attested by the qualified applicant and
property owner.
C. Action by building department. The Chief Building Official shall review all applications
for building permits or certificates of occupancy for compliance with the provisions of
the LDRs. the City Code and the Florida Building Code, as amended. The Building
Department shall issue a building permit if the applicant demonstrates that the proposed
development is in compliance with all applicable codes and is compliance with any and
all development orders issued in connection with the project and that all fees have been
paid.
D. Permit card. Upon approval of plans, specifications and application for permit and the
payment of the required fee, the Chief Building Official shall issue a permit. With each
permit, the Chief Building Official shall issue a permit card which shall bear the
description of the property, the nature of the work being done, the name of the owner and
contractor and other pertinent information; and such card shall be maintained in a
conspicuous place on the front of the premises affected thereby during the hours of work
in progress and available on demand for examination by the Chief Building Official.
E. Spot survey. During the construction of a residential or commercial building. the holder
of a permit card or building permit shall submit to the Chief Building Official a spot
survey of the building slab in place to be checked by the Building Department and the
Zoning Department before any construction work can be continued above the slab.
Additional spot surveys shall be submitted to the Chief Building Official for multi-floor
or multi-level buildings at every four (4) stories constructed before any work can be
continued. It shall be the duty of the permit holder to submit the required spot surveys
before proceeding with construction of the vertical structure of a building. A final spot
survey must be submitted to the Chief Building Official before issuance of Certificate of
Occupancy. For the purpose of this subsection, a spot survey is a survey showing the
locations. sizes. shapes. and measurements of the building on the lot.
The Chief Building Official may issue a stop work order against the permit holder if the
following occurs:
(1) Failure to submit the required spot surveys prepared by professional land
surveyor whose signature and seal must bear the survey: or
(2) Continuation of construction without the approval and acceptance of the spot
survey by the Building Department and the Zoning Department.
Section 2. Applicability. This Ordinance shall apply retroactively to all residential and
commercial building projects that have not been issued a Certificate of Occupancy as of the
effective date of this Ordinance even if a building permit have been issued for such project.
Section 3. 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.
Amending Section 265-20 Page 2 of 3
Section 4. Repeal of Conflicting. Provisions. All ordinances, or parts of ordinances in conflict
herewith be, and the same, are hereby repealed
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 City of Sunny
Isles Beach Code; 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.
Section 6. Effective Date. This Ordinance shall become effective ten (10) days after adoption
on second reading..
PASSED and ADOPTED on First Reading the I141.day of IQ/tw . 2016.
PASSED and ADOPTED on Second Reading this 215+•..y o �ena. , 2016.
G
•
Georg- 'Bud" Scholl. Mayor
ATTEST:
,Jane �1. Hines; MMC, City Clerk
APPRO ' D • i� G IRM
AND ,. f4r IIENCV
ts,
Hans inet. City At orney
Moved bv: Q00 {_IO ti
Second by: \l C"p, O O' �'->•-ro
VOTE AS FOLLOWS: S-O J
Mayor Scholl ( yes ( ) no
Vice Mayor Gatto ( yes ( ) no
CommissionerAelionyes ( ) no
Commissioner Goldman yes ( ) no
Commissioner Levin ( V ) yes ( ) no
Amending Section 265-20 Page 3 of 3
u.. `' CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission of the City of Sunny Isles Beach.Florida.
will hold a public hearing in the Sunny Isles Beach Government Center, David P. Samson
Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach,Florida,on Thursday,April 21,
2016, at 6:30 p.m., to consider on final reading the following proposed Ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AMENDING SECTION 265-20 OF THE CITY CODE TO
REQUIRE THE SUBMITTAL OF SPOT SURVEYS TO THE CHIEF BUILDING
OFFICIAL AND ZONING ADMINISTRATOR DURING THE CONSTRUCTION OF
RESIDENTIAL AND COMMERCIAL BUILDINGS; PROVIDING FOR
APPLICABILITY AND SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
Inquiries regarding this item may be directed to the City Clerk at 305-792-1703. A copy of this
document is available for public inspection during normal business hours in City Hall.
Jane A. Hines, MMC, City Clerk
MI persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing
addressed to the City Commission c/o the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles
Beach,Florida.33160. Any person wishing to address the City Commission at a public hearing is asked to register with
the City Clerk by completing a public speakers'card prior to the item being heard. The hearing on these matters may be
continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person
decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting,they
will need a record of the proceedings and,for such purpose,may need to ensure that a verbatim record of the proceedings
is made,which record includes the testimony and evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact the City Manager at 305-947-
0606, no later than 48 hours prior to the proceedings.
J"NY IS( Cit of SunnyIsles Beach . Cin Commission
\ Gearee"Rud"Scholl Almror
FSS �
° m 18070 Collins Avenue, Suite 250 Jeannie Gatto. Pice Mayor
ti - --170----t\ Isaac Aelion. Commissioner
Sunny Isles Beach. Florida
u '�V Y — Dana Goldman.Commissioner
( .;
• �� `_ , •
(305)947-0606 City Hall Jennifer Levin.Commissioner
c:. (305)949-3113 Fax
r Christopher J.Russo City Manager
sF c"C }"- 0 SEe (305)947-2150 Building Department
it N (305)947-5107 Fax Hans M t.City Attorney
r OF suN Jane A.Hines.MMC.Cn Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Hans Ottinot, City Attorney J
DATE: March 17, 2016
RE: Ordinance Amending Section 265-20 of the City Code to Require Spot Surveys
During. Construction of Residential and Commercial Projects
RECOMMENDATION
This Ordinance is presented for your consideration.
REASONS
The Chief Building Official and the Zoning Administrator have requested spot surveys from
developers over the years as a matter of practice to ensure compliance with building permit
requirements and zoning approvals. For example, spot surveys demonstrate whether a building is
constructed within the approved setback areas. To ensure compliance with the building code
requirements, the Chief Building Official and the Zoning Administrator are requesting that the
City Code be amended to require spot surveys on a mandatory basis for residential and
commercial projects. The attached Ordinance provides that spot surveys will be required every
four (4) stories for hi-rise buildings and a final spot survey will be required for all buildings
before a Certificate of Occupancy is issued. The Ordinance further provides the Chief Building
Official with the authority to issue a stop work order if a spot survey is not provided by a
developer or a permit holder. This Ordinance shall apply to all residential and commercial
projects that have not been issued a Certificate of Occupancy.
This Ordinance was requested by the Office of the City Manager, the Chief Building Official, and
the Zoning Administrator.
Item Coversheet Page 1 of 1
City of Sunny Isles Beach
1 18070 Collins Avenue
• Sunny Isles Beach,Florida 33160
.,;5.0° , (305)947.0606 City Hall
e ,� (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot,City Attorney
DATE: 4/21/2016
Ordinance Amending Section 265-20 of the City Code to
RE: Require Spot Surveys During Construction of
Residential and Commercial Projects
RECOMMENDATION:
This Ordinance is presented for your consideration.
REASONS:
The Chief Building Official and the Zoning Administrator have
requested spot surveys from developers over the years as a matter of
practice to ensure compliance with building permit requirements and
zoning approvals. For example, spot surveys demonstrate whether a
building is constructed within the approved setback areas. To ensure
compliance with the building code requirements, the Chief Building
Official and the Zoning Administrator are requesting that the City Code
be amended to require spot surveys on a mandatory basis for
residential and commercial projects. The attached Ordinance provides
that spot surveys will be required every four (4) stories for hi-rise
buildings and a final spot survey will be required for all buildings
before a Certificate of Occupancy is issued. The Ordinance further
provides the Chief Building Official with the authority to issue a stop
work order if a spot survey is not provided by a developer or a permit
holder. This Ordinance shall apply to all residential and commercial
projects that have not been issued a Certificate of Occupancy.
This Ordinance was requested by the Office of the City Manager, the
Chief Building Official,and the Zoning Administrator.
ATTACHMENTS:
Description
Amending Section 265-20
Public Notice
Item Number:9.B.
http://sunn isles.novusagenda.com/AgendaWeb/CoverSheet.asps?Item1D=1884 4/14/2016