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HomeMy WebLinkAboutOrdinance 2008-304 ORDINANCE NO. 2008- 30L AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING A NEW CHAPTER OF THE CITY CODE ENTITLED "VACANT PROPERTY REGISTRY MAINTENANCE CODE"; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING REGISTRATION OF VACANT LOTS AND BUILDINGS; PROVIDING FOR VACANT LOT AND BUILDING PLAN; PROVIDING FOR STANDARDS FOR MAINTENANCE OF VACANT LOTS AND BUILDINGS; PROVIDING FOR INSPECTIONS; PROVIDING FOR EXEMPTIONS AND WAIVER; PROVIDING FOR ANNUAL REPORTS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, vacant lots and buildings ("vacant properties") that are in a state of disrepair are generally considered public nuisances in they contribute to the decrease in value of surrounding properties; and WHEREAS, vacant properties, especially those which remain unoccupied for more than (6) months, are unsightly and diminish neighboring property values and neighbors' sense of well-being; and WHEREAS, allowing vacant properties to remain indefinitely vacant even in the absence of Code violations is detrimental to the public health, safety, and welfare of the community; and WHEREAS, the City Commission finds that vacant properties require greater Code Enforcement activities by the City that results in a greater financial costs to the City; and WHEREAS, the City Commission finds that the registration of vacant properties and implementation of a maintenance plan will discourage property owners from allowing their properties to remain indefinitely vacant and in a state of disrepair and will thereby provide a basis for the return of vacant properties to active use. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Legislative Findings and Purpose. It is the finding of the City Commission that vacant lots and buildings are unsightly, unsafe, and have a negative effect on the community. Unfortunately, many buildings or lots, once vacant, remain that way for years. The purpose of this Chapter is to establish a program for indentifying and registering vacant lots and buildings, to set forth the responsibilities of owners of vacant properties, and to speed the rehabilitation of vacant properties. Vacant Property Registration Ore!. Page lor I 0 Section 2. Definitions. Unless otherwise expressly stated, the following terms will, for the purpose of this article, have the meanings indicated in this section: BUILDING- Any structure occupied or intended for supporting or sheltering nay occupancy. BOARDED BUILDING- A building which has had, in a manner intended to be temporary or permanent, any or all openings, which openings are windows or doors which were present for the purpose of light, ventilation or egress, some material whether opaque, solid or transparent, affixed to such openings, from the interior or exterior of the building, for the purpose of securing or preventing access or damage to the building or its components. ENFORCEMENT OFFICER- Any duly authorized City of Sunny Isles Beach employee of the Building Department, Code Enforcement Department or designated representative of the City Manager. OWNER- The person, or entity shown to be the owner or owners on the records of the Miami-Dade Property Appraiser, those identified as the owner or owners on vacant building registration form, a mortgagee in possession, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm or corporation in control of the premise. Any such person will have joint and several obligations for compliance with the provisions of this article. SECURED BY OTHER THAN NORMAL MEANS - A building secured by means other than those used in the design and approved plans for the building. UNOCCUPIED- A building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings ordered vacated by an enforcement officer. In determining whether a building is unoccupied, the Enforcement Officer may consider these factors, among others: (i) whether lawful residential or business activity has ceased; (ii) whether more than 50% of the overall square footage of the space is unoccupied; (iii) the building is substantially devoid of contents or the minimal value of fixtures or personal property in the building; (iv) the building lacks utility service (v) the building is subject to a foreclosure action and/or (vi) the presence of code violations. UNSECURED- A building or portion of a building which IS open to entry by unauthorized persons without the use of tools or ladders. VACANT BUILDING- A building, a portion of a building, or a structure which is any one or more of the below: (a) (b) Unoccupied and unsecured; or Unoccupied and secured by other than normal means; or Vacant Property Registration Ord, Page 2 of 10 ,---- (c) (d) (e) (D (g) (h) (i) VACANT LOT- of the below: (a) (b) (c) (d) (e) (D Section 3. Unoccupied and unsafe building as determined by an Enforcement Officer or Building Official; or Illegally occupied; or Unoccupied for a period of time over sixty (60) days; or Unoccupied and has multiple Code violations; or No building permit has been issued for a proposed development; or Development Order has not been issued for the property; or Development Order has expired or has not been extended. A designated parcel, tract, or area of land which is anyone or more Unoccupied and unsecured; or Unoccupied and no structure or building exists on the parcel; or Unoccupied for a period of time over sixty (60) days; or No building permit has been issued for a proposed development; or Development Order has not been issued for the property; or Development Order has expired or has not been extended. "Vacant Lot or Building" Determination. Within fifteen (15) days after the effective date of this Chapter, the Enforcement Officer shall evaluate all lots and buildings in the City he/she believes to be unoccupied on the effective date of this Chapter and make a determination for each as to whether the lot or building constitutes a "vacant lot or building" within the meaning of Section 2 above. For lots and buildings deemed to be vacant lot or building, the Enforcement Officer shall, within seven (7) days or within a reasonable time of making that determination, send notice of his written determination with the factual findings to the owner of record. Said notice of determination shall be sent via first-class United Mail and posted on the property. Failure of delivery shall not excuse an owner from complying with this Chapter. The notice shall contain a statement of the obligations of the owner of a vacant lot or building determined to be a vacant lot or building, a copy of the registration form the owner is required to file pursuant to Section 4 below. Section 4. Obligation to Register Vacant Lot and Building. The owner of a vacant lot/building who knows, or from all the facts and circumstances should know, that his or her building is or has become a "vacant lot or building" within the meaning of this Chapter after the effective date of this Chapter or the owner of a building, which the Enforcement Officer determines at any time to be a "vacant lot or building", shall take actions provided in this Chapter within fifteen (15) days after either the date of the Enforcement Officer's notice of determination or occurrence of the facts which would cause a reasonable person to believe that the lot or building has become a "vacant lot or building". Registration does not exonerate the owner from compliance with all applicable Code and ordinances, including this Chapter, nor does it preclude any of the actions the City is authorized to take pursuant to this Chapter or elsewhere in the City Code. Vacant Property Registration Ord, Page 3 of 10 (1) The registration will be submitted on forms provided by the City Manager or designee: (a) A description of the premises, i.e., square footage, number of stories, age of the building, and most recent use of the lot or building. (b) The names, addresses, and telephone numbers of the owners or owners. The address must include a street address; a post office box is not acceptable. (c) If the owner does not reside in Miami-Dade or any adjoining Florida county, the name and address of the registered property manager. The address must include a street address; a post office box is not acceptable. (d) The names and addresses of all known lien holders and all other parties with an ownership interest in the lot or building. Each address must include a street address; a post office box is not acceptable. (e) A name, address, and telephone number of a responsible natural person (not a corporation, partnership, or limited liability company) who can be reached at all times during business and non-business hours. The address must include a street address; a post office box is not acceptable. (2) The owner is required to file an amended registration within fifteen (15) days of any change in the information contained in the annual registration. A new registration is required for any change in ownership whatsoever. (3) Vacant lot and building registration fees. (a) The owner of a vacant lot or building shall pay a registration fee of $100. The $100 registration fee is due and payable upon registration; to wit: no later than thirty (30) days after any lot or building becomes a "vacant lot or building" as defined in this Chapter, or no later than thirty (30) days after being notified by an Enforcement Officer of the requirement to register. (b) If the lot or building is to remain vacant in accordance with this Chapter, then the owner of a single family residential lot shall pay an annual vacant lot or building fee of $500 until the lot/building is rehabilitated for active use. The owner of a multi- family/commercial lot shall pay an annual vacant lot or building fee of $5000 until the lot is rehabilitated for active use. The annual lot or building fee is due and payable together with the $100 registration fee and on each anniversary hereafter until the lot or building is rehabilitated for active use. (c) The vacant lot or building registration fees and annual fees as set forth in this Section are to be delivered, by mail or in person, to the Finance Department, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. A late charge of 10% per month or any part hereot~ will be assessed on any invoice which is unpaid Vacant Property Registration Ord. Page 4 0 f I 0 after thirty (30) days from the date of the demand for payment or an invoice. A $25.00 processing fee will be charged for each check returned by the bank due to insufficient funds or other reason. A replacement payment must be made in cash, money order, bank or certified check, and must include the $25.00 fee and any applicable late charges. Invoices and any additional fees that remain unpaid will be added to the property owner's tax bill, and will include an additional penalty of$200.00. (d) The City Manager or designee may waive the annual vacant lot or building fee where the owner has agreed to maintain the lot in a park like setting without any structure or building with a decorative iron wrought fence installed in the front set back of the property. In order to obtain the waiver, the City Manager or designee must approve a landscape design plan submitted by the owner. Section 5. Vacant Lot or Building Plan (A) Submission of the Plan. At the time a lot or building is registered as required herein, the owners shall submit a "vacant lot or building" plan. The Enforcement Officer may prescribe a form for the plan. If the owner fails to submit the plan as provided for by this Chapter, the Enforcement may determine the plan. The plan shall contain the following as a minimum: (1) If a vacant building, a plan of action to repair any doors, windows, or other openings which are boarded up or otherwise secured by any means other than conventional methods used in the design of the building or permitted for new construction or similar type. The proposed repair shall result in openings being secured by conventional methods used in the design of the building or by methods permitted for new construction of similar type with board removed. The owner shall maintain the building in an enclosed and secure state until the building is reoccupied or made available for immediate occupancy. If the owner demonstrates that securing of the building will provide adequate protection to the public, the Enforcement Officer may waive the requirement of an enclosure. (2) For buildings and lots thereof which are determined by the Enforcement Officer as being or containing public nuisances under applicable law, then the plan shall contain a plan of action to remedy such public nuisance(s). (3) When the owner proposes to demolish the vacant building, then the owner shall submit a plan and time schedule for such demolition. (4) Chapter. A plan of action to maintain the vacant lot or building In conformance with this (5) A plan of action, with a time schedule, identifying the date the building or lot will be habitable and occupied or offered for occupancy or sale. If the building is to be returned to appropriate occupancy or use, rehabilitation plans for the building will not exceed one (1) year from the date of submission and will include progress benchmarks at least every four (4) months, unless the Enforcement Officer grants an extension for good cause shown, upon receipt of a written statement from the owner detailing the reasons for the extension. Vacant Property Registration Ord. Page 5 0 r I 0 (B) Approval of Plan. The Enforcement Officer shall review the proposed vacant lot or building plan in accordance with the standards below. The Enforcement Officer shall send notice to the owner of the vacant lot or building of his determination. In considering a plan, the Enforcement Officer shall consider the following factors: (1) The purposes of this Chapter and intent of the City Council to minimize the time a lot or building is vacant. (2) The effect of the lot or building and the proposed plan on adjoining property. (3) The length of time a lot or building has been vacant. (4) The presence of any public nuisances on the property. (5) The likelihood that the plan or portiones) thereof will prevent or ameliorate the condition it is designed to address. (C) Compliance with Plan. Failure to have an approved plan within thirty (30) days of filing the registration form or failure to comply with the approved plan shall constitute a violation of this Chapter subjecting the owner of the lot or building to penalties as provided in this Chapter and to any remedies the City may avail itself of as provided for herein and elsewhere in the City Code, including but not limited to, an action to compel correction of property maintenance violations. Section 6. Maintenance Standards. The owner of a vacant lot or building will take such steps and perform such acts as may be required of him or her from time to time to ensure that the lot or building and its adjoining yard remain safe and secure and do not present a hazard to the adjoining property or the public. Owners will be responsible for maintaining their lots and buildings so that they do not become an unoccupied hazard. (A) Vacant Lot: The owner protects and maintains the lot as follows: (I) The owner will not permit garbage and solid waste to accumulate on the property. (2) Unsafe Buildings and structures shall be demolished. (3) Junked materials, construction equipment, or construction materials will not be stored on the lot. (4) The owner shall maintain the lot in a park like setting provided that a landscape plan is approved by the City Manager or designee. At a minimum, the park-like setting must be grass covering the entire lot. The City Manager may waive the annual registration fee if the owner agrees to maintain the lot as a park like setting. Vacant Property Registration Ord, Page 6 of 10 (5) The owner will maintain plants and landscaping on the lot in accordance with this Chapter. The lots shall be trimmed and mowed, with the height of grass and weeds being no more than 10 inches. (B) Vacant Building: The owner protects and maintains the building as follows: (l) All exterior walls and foundations must be free of holes and crevices. (2) Exterior doors, windows, skylights and similar openings will be maintained weather tight. (3) Exterior stairs, porches, entrance platforms, fire escapes and the railings thereon shall be maintained in a safe and sound condition. (4) Roofs shall be maintained in a watertight condition. (5) Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative. (6) The covering for glass doors and windows may not consist of any substance sprayed onto the glass doors or windows. All enclosures shall be properly fitted and be of such material and surface that they are neither unsightly nor will materially detract from the general appearance of the building or the neighborhood and, when possible, secured by normal means. (7) The covering for broken doors and cracked or broken windows may consist of replacement glass, and plexiglass, or similar materials finished and maintained in a manner recommended and approved by the Enforcement Officer. The materials will be designed and of such color to blend in with the finish of the building. (8) Windows that are not cracked or broken may be covered with interior blinds, curtains, shades, or decorative paper. (9) The premises will be kept free of insects and vermIn, and will be treated if necessary. (10) Any excavations, swimming pools, or other attractive nuisance must be filled in or properly closed. Section. 6. Exemptions. A. Exemptions. This Chapter shall not apply to a lot which has an unexpired development approval from the City Commission. This Chapter shall not apply also to a building which has suffered fire damage or damage caused by extreme weather conditions will be exempt from the Vacant Property Registration On!. Page7ofl0 registration requirement for a period of 90 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Enforcement Officer. This request will include the following information supplied by the owner: 1. A description of the premises. 2. The reason for an exemption. 3. The names and addresses of the owner or owners: A post office box IS not acceptable. 4. A statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building. B. Waiver. The City Commission may waive compliance with this chapter for vacant lots that are being utilized for construction staging purposes. The City Commission may waive the requirements under the following circumstances; I. The staging lot is not more than 300 feet from the lot with the approved development order. 2. The owner of the staging lot agrees to pay a mitigation fee established by the City Manager on an annual basis. 3. The owner of the staging lot agrees to pay all code enforcement violations. 4. The exterior of the staging lot must be kept in a neat and clean condition consistent with this Chapter and applicable code provisions. 5. The owner of the staging lot agrees to comply with this Chapter immediately upon the expiration of waiver period. 6. The request waiver will not be unduly detrimental to the health and safety of adiacent property owners. 7. Staff determines the waiver will expedite the development of a site with an approved development order. A waiver granted hereunder shall expired within a year of approval unless extended by the City Commission. Section 8. Inspections. By registering a vacant lot or building, an owner consents to an Enforcement Officer inspecting the premises for the purpose of enforcing and assuring compliance with the provisions of this Chapter. Upon Vaeant Property Registration Ord, Page 8 of 10 the request of the Enforcement Officer, an owner may provide access to all interior portions of a vacant lot or building in order to permit a complete inspection. Nothing contained herein, however, will diminish the owner's right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Enforcement Officer or his or her designee in order to enable such inspection, and the City will be required to obtain a search warrant whenever an owner refuses to permit a warrantless inspection of the premises after having been advised of his or her constitutional right, to refuse entry without same. Section 9. Reports. Twice a year, the Enforcement Officer will send to the City Commission a list of lots and buildings in the City declared vacant under the provisions of this Chapter, as well as a list of all previously declared vacant lots and buildings which are no longer subject to the provisions of this Chapter. Section 10. Penalties for offenses. Any person violating any provision of this Chapter, including failure to register, or providing false information to the Enforcement Officer will be subject to the following fines: (1) Such person will be subject to a fine of $1 ,000 per day per violation, in addition to any other legal or equitable remedies available to the City. Such other remedies include, but are not limited to, injunctive relief, application to a court of competent jurisdiction for demolition, or condemnation, or foreclosure of any lien the City may have thereon. (2) Nothing herein contained shall prohibit the City from immediately condemning as provided for in Miami-Dade County Code a building or taking other immediate action upon a determination that the building or lot is a public nuisance or poses an imminent danger to the occupants of the building, or the public, health, safety and welfare. (3) The term "person," as used in this section, will include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the building or part thereof. Section 11. 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 12. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 13. 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-Iettered to accomplish Vacant Property Registration Ord. Page 9 0 f 10 such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 14. Effective Date. This Ordinance shall become effective ten (I 0) days after adoption on second reading. PASSED and ADOPTED on First Reading the I-f' day of ~ f>Rl L PASSED and ADOPTED on Second Reading this IS..u..dayof ,2008. . ATTEST: ..~A~ Jane A. Hines, CMC, City Clerk ,2008. APPROVED AS TO F RM IENCY Moved by: Cn~ tRee.. "2...110 Second by: Co~ <:;c...~LL Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl VOTE AS FOLLOWS: S~b L0 yes ~yes ( V) yes ( ~) yes CD yes L)no ~no L)no L)no L)no Vacant Property Registration Ord. Page 10 or 10 u ~ Gl '0 1XI III 1Il C w <0 ...J N !!l > <I: >- ~ Z Z :l ::> 1: 1Il Gl > u.. <I: 0 1Il ~ D:: 1XI U z Qi c: 0 N Qi 03 Cl ,. E ~ t\l c: <tl Q. ,Q z (/) c :9- 'E t 0 t; Q) U .!!! > (/) '0 Q) Q) U <I: (/) 0 .... .... 0 0 en en II) II) Cl 0 0 en en .... ~ .... .... X <<i .... <Xl N 1XI ~ .0 E Q; :l Qi z .0 a. E c: >- 0 l- => t 0 z Q) Qi '0 In N (5 <( E U5 U e 10 - 6 w ~ . .,..It ~ ~ w ..= W '0 ! .. ~ .. :i .E 6 ~ 6 J ~ ~ >- 't " ~ ~ ~ (; c .. ~ , o >- .,; ~ u '6 ,~ ~ 2' c. og ~ ~ " ~ ;; c o " ~ :z: ~ !i ~ ~ .... ,~ " ClO~ O~ o ~ N-g ;a:~ 0,5 - ~ lng 0-11 ~ Q) ,~ _E mg C~ t:'ll o~ .- e _c. m..!! o~ .- ~ :C~ :J~ a.~ ~ E 8 ~ ~ 8- 5 c. ! 6 26 NOTICE OF PUBLIC HEARING CITY OF SUNNY ISLES BEACH '" o 2 .." >- "" :>: > "" o z ~ 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, May 15,2008, at 6:30 p.m.. to consider flnal adoption of the following proposed Ordinances: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING THE SOLIO WASTE CODE: PROVIDING FOR RENEWAL OF THE APPLICATION AND INCREASE IN FRANCHISE FEES: ESTABLISHING FOR REQUIREMENT TO DISPLAY PERMIT ON FRANCHISE VEHICLES: PROVIDING FOR SEVERABILITY: PROVIDING FOR INCLUSION IN THE CODE: PROVIDING FOR REPEALER: PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 256-11 OFTHE CITY CODE PROVIDING FOR THE ISSUANCE OF PARKING PERMITS TO COMMERCIAL VEHICLES WITH NO MORE THAN TWO (2) AXLES: PROVIDING FOR REPEALER: PROVIDING FOR SEVERABILITY: PROVIDING FOR INCLUSION IN THE CODE: PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTIONS 135-1, 135-2 AND 135.3 OF THE CONSTRUCTION SITES CODE: ESTABLISHING GUIDELINES FOR AREA ADJACENT TO CONSTRUCTION ENTRANCES AS APPROVED BY THE CITY: ESTABLISHING DAILY JOB SITE MAINTENANCE: PROVIDING FOR INCREASE IN PENALTIES: PROVIDING FOR SEVERABILITY: PROVIDING FOR INCLUSION IN THE CODE: PROVIDING FOR REPEALER: PROVIDING FOR AN EFFECTIVE DATE. N ORDINANCE OF THE CITY COMMISSION OF TH CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING NEW CHAPTER OF THE CITY CODE ENTITLED "VACAN PROPERTYREGISTRYMAINTENANCECODE": PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS: PROVIDING REGISTRATION OF VACANT LOTS AND BUILDINGS: PROVIDING FOR VACANT LOT AND BUILDING PLAN: PROVIDING FOR STANDARDS FOR MAINTENANCE OF VACANT LOTS AND BUILDINGS: PROVIDING FOR INSPECTIONS: PROVIDING FOR EXEMPTIONS: PROVIDING FOR A WAIVER OF REQUIREMENTS: PROVIDING FOR ANNUAL REPORTS: PROVIDING FOR PENALTIES AN ENFORCEMENT: PROVIDING FOR SEVERABILITY: PROVIDING FOR REPEALER: PROVIDING FOR INCLUSION IN THE CODE: PROVIDING FOR AN EFFECTIVE DATE. InqUl es regarding these items may be directed to the City Clerk at 305-792-1703. Copies of these documents are available for public inspection during normal business hours in City Hall. Jane A. Hines, CMC, City Clerk All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed 10 the City Commission c/o the City Clerk. City 01 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, lor 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 01 that disability should contactlhe City Manager at 305.947.0606, no later than 48 hours prior to the proceedings; il hearing impaired, please telephone the TTY line at 305-792.1590 lor assistance. o g :r E 0( E ... 1= i ';;; z l -ci ~ :r .~ :E > <t n.,r,'llom,thinlldjff'l'Int""ldayl alongs I SwilMling I FUN Now playi.,g ataV .,ear YOU! 305-254-0310 South Dade Family YMCA 305-248-5189 Homestead Family YMCA 305-357-6622 for other locations \~ YMCA OF GREATER MIAMI Vv'NW,vmcamiami,org CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARING SIGN CODE VARIANCE REQUEST NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach, Rorida, in the Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on Thursday, May 15,2008 at 6:30 p.m., to consider the following Zoning applications: A. R. K. Associates Location of Shopping Centers: 16850, 17004.17108 and 18090-18290 Collins Avenue Pu~lc Hearing .: Summary: Z2008.Ql The Applicant is requesting a variance from the Sign Regulations Code Section 265-58 J of the Land Development Regulations beller known as Uniform Sign Plan, which requires all multi tenant sign plans be limited to no more than one color consistent with the surrounding architectural standards, The Applicant is proposing a typical color scheme sign age for each one of their shopping center properties. The color scheme encompasses four colors for the signs, black, red, white, and green in addition to the existing approved blue color. Renderings are on lile and may be examined in the Planning and Zoning Department entitled "R K. Associates. designed by Advance Multi-Sign. Plans may be modified at public hearing. All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed 10 the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue. Sunny Isles Beach. Florida. 33160. The courts have ruled that it is improper to contact a City Commission member individually, either orally or in writing about any zoning applications. Maps and other data pertaining to these applications are available for public inspection during normal business hours in City Hall. Any zoning hearing may be continued at this meeting and under such circumstances, additional legal notice would not be provided. Any persons wishing to speak at a public hearing should register with the City Clerk prior to that item being heard. Inquiries regarding the item may be directed to the City's Planning and Zoning Department at (305) 792.1710. Please refer to the hearing number when making an inquiry. If a person decides to appeal any decision made by the City Commission with respect to any mailer considered at such meeting or hearing, they will need a record of the proceedings and. lor 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 contaclthe City Manager at 305-792.1701, no later than 48 hours prior to the proceeding; if hearing impaired, please telephone the TOO line at 305-792-1590 for assistance. TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, A/ayor Lewis J. Thaler, Vi," Mayor Roslyn Brezin, Commir...ioner Gerry Goodman, Commir...ioner George "Bud" Scholl, C'ommio-ioner (305) 947-0606 City Ilall (305) 949-3113 ','ax (305) 947-2150 Building [)epartment (305) 947-5107 I,'ax A. John Szerlag, City !I1an".~er Hans Ottinot, City /ll/omey Jane A. Hines, City Clerk MEMORANDUM The Honorable City commiSSi~1"\'" Hans Ottinot, City Attorney l1fJ \..J May 15,2008 Vacant Property Registry Ordinance RECOMMENDATION: It is recommended that the City Commission approve the attached Vacant Property Registry Ordinance. REASONS: Since the incorporation of the City, the City Commission has worked diligently to redevelop the City into a first class community. More specifically, the City Commission has adopted numerous local laws to provide incentives for redevelopment of properties. While the City has experienced a development boom during the initial incorporation period, the redevelopment of the City is still a working progress. To continue moving towards the redevelopment of the City, the time has come for the City to address one of the major impediments to redevelopment; vacant properties. It is well known that vacant properties are considered public nuisances which contribute to the decrease in value of the surrounding properties. It is anticipated that a number of properties may be left vacant because developers may decide not to proceed with their development order. To address these public nuisances, Mayor Norman Edelcup asked me to present the attached Ordinance to encourage vacant property owners to redevelop their properties and to force them to maintain their properties in accordance with standards developed by the City. The attached Ordinance provides a comprehensive approach to dealing with vacant properties. The following are key requirements of the Ordinance: (I) Registration of vacant properties; (2) Annual Registration Fee if Property is not maintained in a park-like setting; (3) Submission of Redevelopment Plan for the Property; Agenda Item ~ Date 5-1 s- 0<25 (4) Annual Report to the City Commission on status of vacant properties; If vacant property owners are not able to comply with the above requirements, they will be subject to fines up to $1000 per day or any other penalties that are within the purview of the City. While fines are necessary to seek compliance with the Ordinance, the purpose of this Ordinance is to encourage the development of vacant properties and maintenance of such properties. Indeed, this Ordinance provides for the waiver of the annual vacant lot fee if the property is maintained in a park-like setting. At the City Commission meeting held on April 17, 2008, the City Commission requested to include in the Ordinance, the ability to waive the provisions of this Code to allow for staging on vacant lots to expedite development. I Attachment