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HomeMy WebLinkAboutOrdinance 2009-327 ORDINANCE NO. 2009-~'7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES TO PROVIDE FOR ABATEMENT PROCEDURES AND AUTHORIZING THE CITY TO RECOVER ITS COSTS AND FILE A LIEN; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there are multiple situations currently existing in the City of Sunny Isles Beach (the "City") involving conditions on private properties that represent potential hazards to the public's health, safety, and welfare; and WHEREAS, in situations in which the property owner does not cooperate or respond to the City's initial compliance demands, the City must act on its own and at its own expense to abate the code violations and protect the public; and WHEREAS, the City's Code of Ordinances (the "City Code") does not currently have a procedure for the summary abatement of code violations; and WHEREAS, the City Code does not currently allow the City to recovery its costs to abate a code violation or file a lien against the property owner in the event the City's costs are not repaid; and WHEREAS, this proposed Ordinance amending Chapter 14 of the City Code will assist the City's Code Enforcement efforts and provide the City with an additional enforcement mechanism to remedy code violations in an effective and cost-efficient manner. 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. Section 2. Amendment. Chapter 14 of the City of Sunny Isles Beach Code of Ordinances is amended to read as follows: Page I of4 ~ 14-17. Abatement by the City; Recovery of Costs and Expenses; Lien. A. The City may abate a code enforcement violation when one or more of the following conditions have occurred: 1. Voluntary correction by the Property Owner(s) could not be obtained; 2. A Warning Notice of Violation to the Property Owner(s) has been issued by the City's Code Enforcement Department pursuant to Chapter 14 of the City Code, and the required compliance has not been completed by the date specified; or 3. The code enforcement violation is subject to summary abatement as provided for hereinafter. B. Summary abatement. Whenever any code enforcement violation causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, including but not limited to (a) the accumulation of overgrown grass, weeds, wild growth, rubbish, debris or other obnoxious matter on private property, (b) a dangerous condition to an existing wall, tree, fence or building located on private property; or (c) any other condition that annoys, injures, or endangers the safety, health, comfort or repose of the public, the City may summarily and without prior notice abate the condition, regardless of whether voluntary correction by the Property Owner(s) could not be obtained or a Warning Notice of Violation has been issued. Notice of such abatement, including the reason for its issuance, shall be given to the Property Owner(s) of record as soon as reasonably possible, and may be given either before or after the abatement. No right of action shall lie against the City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats. A hearing may be held or offered after the abatement, after notice, and if the hearing officer finds that a hazard existed and that its immediate correction was necessary, the full amount of the City's costs and expenses incurred in correcting the violation shall be billed against the Property Owner(s) and, if not paid, shall be filed as a lien against the subject property. C. Authorized Action by the City. Using any lawful means, the City or its authorized agents may enter upon the subject property and may take preventative measures, remove or correct the code enforcement violation that is subject to abatement. The City may use its own personnel and/or resources to abate a violation. Alternatively, the City may hire outside contractors to effectuate the necessary corrective measures. D. Recoverv of Costs and Expenses. The costs of abating a code enforcement violation under this Section, including all Incidental Expenses, shall be billed by certified or registered mail, with a 5 (five) calendar day return receipt requested, to the Property Owner(s) of record at their last known address and shall become due and payable to the City within 15 (fifteen) calendar days of the date of mailing the billing for abatement. The term "Incidental Expenses" includes, but is not limited to, personnel costs, both direct and indirect and including attorney's fees; costs incurred Page 2 of 4 in documenting the violation; towing/hauling; storage and removal/disposal expenses; and actual expenses and costs of the City in preparing notices, specifications and contracts associated with the abatement; and in accomplishing and/or contracting outside contractors and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the subject property. The Property Owner(s) shall be jointly and severally liable for all such costs and expenses incurred by the City in abating the nuisance of the subject property. E. Lien. The City shall have a lien for costs and expenses of any abatement proceedings under this Section or for any abatement work that was performed. The lien shall run with the land and shall be of equal rank with state, county, district and municipal taxes, and superior in dignity to all other liens, titles, encumbrances and claims until paid. The claim of lien shall contain sufficient information regarding the abatement action, as determined by the City's Code Enforcement Department, a description of the subject property to be charged with the lien and the owner of record, and the total amount of the lien. Any such claim of lien shall be verified by the City's Code Enforcement Department and may be amended to reflect changed conditions. The lien shall be filed and foreclosed on, if necessary, in the manner outlined in Section 14-13 of the City Code. 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. 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 ten (10) days after adoption on second reading. Page 3 of 4 PASSED and ADOPTED on first reading the '2. f ~.4 day of rf\AV 2009. PASSED and ADOPTED on second reading the J.r day of '-~ U l) ~ 2009. ( , ~ . t (~ ~~ , . .. \ ~ : , .- !'J )'1.TTEST:. .'~ '> '~'lk~ ". \. {I . , '\ .,::: ; "'-'> ,: '. (... Jane . Hines, CMC, City Clerk I " .. . '- \ \. I .^.... ".J:" , ..-<, .......'-.] . ," "j 1 .. . . Moved by: ('l)~ &<<.~2JJJ ,/, u vY\~~~~ Seconded by: Vote: 5...0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl --lL(Yes) ~(Y es) ~(Y es) V(Y es) ---v- (Yes) _(No) _(No) _(No) _(No) _(No) Page 4 of 4 u ~ GI " lD 01 III C W ~ ...J .... !!l ~ >- lil z ~ z ~ c: III GI U. ~ 0 III ~ c:: lD U z Qi c: 0 N Qi Q; CJ) C E Q; 01 .Q 01 c.. Z (/) C 0. C t 0 '5 GI ~ .!!! > (/) 1:l Q) Q) u <( III Cl .... .... 0 0 co co ,... ,... q 0 0 N N .... ~ In In X M M co co M lD ~ .0 E ~ " Qi z .0 0- E c ~ 0 " t 0 z Q) Qi 1:l (/) N (5 <( .E i:i5 u e ,Q - e w ~ .... ~ .... ~ w ~ ~ 14 1: ~ G 1: 0 ,..: u "' ,., z ~ ~ G ,.: ~ '" " z , 0\ ~ 0 9 '" 0 ffi ~ '" :;: ,., '" ; :;: w ,., '" c .... ~ .E i 6 ]- .., 6 z ~ E ~ 8 u ./: ~ :; ::I: "0 ~ ~ ~ u 0 > c <l: ,., ~ , 0 .. ,; G .. U 'ij .E G g> 0. ~ G .. "0 G ~ C 0 "0 ~ ::I: ~ ~ G .c .... .E "0 cn~ Oil. Og. N~ _ G 1': O~ -- COg O~ ;: G .. . Q)~ --'1 cog C~ C1l O~ ._ 2 _0. CO.!! (J~ '-'i :C~ ::Jw D..~ 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, June 18, 2009, at 6:30 p.m., to consider final adoption of the following proposed Ordinances: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RELATING TO THE SEA TURTLES PROTECTION, TURTLE NESTING PROTECTION REGULATIONS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED ACTIVITIES; PROVIDING FOR LIGHTING STANDARDS ON EXISTING AND NEW DEVELOPMENTS IN THE PUBLIC BEACH AREA IN THE MUR DISTRICT; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 256-14 OF THE VEHICLES AND TRAFFIC CODE RELATING TO RENTAL OF PARKING LOT SPACES FOR SPECIAL EVENTS; ESTABLISHING HOURLY PARKING FEES AT VARIOUS PARKING METER LOCATIONS; ESTABLISHING APPLICATION RENEWAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN . ECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISL~S BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES TO PROVIDE FOR ABATEMENT PROCEDURES AND AUTHORIZING THE CITY TO RECOVER ITS COSTS AND FILE A LIEN; PROVIDING OR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EPEALER; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES TO PROVIDE THAT CODE ENFORCEMENT LIENS SHALL HAVE PRIORITY EQUAL TO TAXES AND SUPERIORITY TO ALL OTHER LIENS AND ENCUMBRANCES; 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 CHAPTER 238 OF THE CITY CODE TO ESTABLISH NEW GUIDELINES FOR RIGHT-OF-WAY MANAGEMENT; PROVIDING FOR REPEALER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Inquiries regarding these items may be directed to the City Clerk at 305-792-1703. A copy of these documents is 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 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 hearings 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: if hearing impaired, please telephone the TIY line at 305-792-1590 for assistance. - NARANJA LAKES COMMUNITY REDEVELOPMENT AGENCY MIAMI-DADE COUNTY, FLORIDA REQUEST FOR PROPOSALS FOR PROPERTY MANAGEMENT SERVICES The Narania Lakes Community Redevelopment Agency (the -CRA") is soliciting Proposals from qual~ied persons and entities to provide property management services to the CRA for its Community Center located at 27555 SW 140 Avenue. Naranja, Florida. Inrtially, the Community Center is intended to be used by the CRA for its administrative purposes including holding its Board meetings and wor!<shops. as well as serving the needs of rts Board Members and staff from time to time. Oepending upon policies yet to be adopted by the CRA, in the future the Community Center may be used on a more intensive basis by the CRA. Such uses may possibly require on-site personnel at the Community Center on an as-needed, part-time or even full-time basis with such needs yet to be determined. Accordingly, the Property Manager should be able to demonstrate that rt has the ability to provide such personnel if required by the CRA. Without limiting the foregoing, the Community Center may be used for a variety of purposes including houriy or daily rental of the facilities for special events for organizations and individuals. If the Community Center is used for such purposes or otherwise, the Property Manager may be tasked with the responsibility for the coordination of such activities including, but not limited to, necessary staffing. calendaring events, collecting fees, follow-up, etc. Further, the CRA is also contemplating entering into an agreement wrth the Miami-Dade Police Department ('MDPD") to allow the MDPD to use a portion of the Community Center as a wor!< station, which mayor may not be staffed by MDPD on a 24 hour per day basis. The Community Center wor!< station wouid not be a full service police station, but merely a location utilized by officers to write pOlice reports and make phone calls. The Property Manager would be required to coordinate with and assist MDPO in connection with its use of the Community Center, The primary responsibilities of the selected Property Manager will be to provide property management services to the CRA for the Community Center including, but not limited to the following: maintenance and repairs; accounts payable; budgeting; reporting and record retention; and servicing of all inquires and complaints. A copy of the Request for Proposals (RFP) may be obtained at the Office of Strategic Business Management, Community Redevelopment and Municipal Services Oivision located at 111 NW 1 ST Street, 22nd Floor, Miami, FL 33128. The RFP may be obtained on line at http1/www.miamidade.gov/ crepad!, at the following link "Naranja Lakes CRA RFP" The contact for this proiect is Jason E. Rodriguez who may be reached via e-mail at iasoner(@miamidade.oov. or phone: (305) 375-2820. Deadline for submission of proposals is July 1, 2009 by 5:00 PM LOCAL TIME, all sealed envelopes and containers must be received at 111 NW 1 st Street, 22nd Floor. Surte 2200, Miami, Florida 33128. 8E ADVISED THAT ANY AND ALL SEALED QUALIFICATIONS ENVELOPES OR CONTAINERS RECEIVED AFTER THE ABOVE SPECIFIED RESPQNSE DEADLINE MAY NOT BE CONSIDERED. This solicrtation is subject to Miami-Dade County's Cone of Silence pursuant to Section 2-11.1 (t) of the Miami-Dade County Code, as amended, Please review Miami-Dade County Administrative Order 3-27 ED for a complete and thorough description of the Cone MIAMHlADE of Silence. [!;l!IlIIl Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Robert C. Solera, Community Development Director DATE: 6/18/2009 RE: Provide for Abatement Procedures and Authorizing the City to Recover its Costs and File a Lien RECOMMENDATION: Staff recommends that the City Commission adopt this Ordinance Amending Chapter 14 of the City Code more specifically known as the Code Enforcement Section, to include an abatement section to the Chapter. REASONS: The City of Sunny Isles Beach is dealing with multiple situations around the City that involves the condition on private properties, which represent potential hazards to the public's health, safety, and welfare. Our current code does not provide a procedure for summary abatement of code violations, and in addition the code does not allow the City to recover its costs to abate a code violation or file a lien against the property owner in the event the City's costs are not repaid. ADDITIONAL INFORMATION: This Ordinance amendment will assist the Community Development Department with efforts to correct these violations, and will provide additional mechanisms to remedy code violations in an efficient cost-effective manner. A TT ACHMENTS: . Ordinance Agenda I tern ~D to-I ~ . 0 ~ Date http://sibagenda. si bfl. net/agenda/Previ ew. aspx?I temID=2 9& MeetingID