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Home My WebLink AboutOrdinance 2009-328 ORDINANCE NO. 2009- ~ '2<;l 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. WHEREAS, Chapter 14 of the City of Sunny Isles Beach Code of Ordinances (the "City Code") authorizes code enforcement Special Masters to hear and decide cases in which code enforcement violations are alleged; and WHEREAS, in accordance with Chapter 162, Florida Statutes, upon an Order being entered by the Special Master imposing a fine, the Order may be recorded in the public records of Miami-Dade County and constitute a lien against the property upon which the code enforcement violation was found to exist, and upon any other real or personal property owned by the violator; and WHEREAS, it has been determined that it is necessary to amend Section 14-13 of the City Code in order to establish the priority of the City's lien to protect the City's lien interest and to ensure further compliance with the City Code. 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. Section 14-13 of the City of Sunny Isles Beach Code of Ordinances is amended to read as follows: ~ 14-13. Recovery of unpaid civil penalties; unpaid penalties to constitute a lien; foreclosure. D. Superiority of Lien. Effective July L 2009. City Code Enforcement Liens shall remain liens. coequal with the liens of all state. county. district. and municipal taxes. superior in dignity to all other liens. titles. encumbrances and claims until paid. The priority of the code Page 1 of3 enforcement liens versus mortgages, liens and encumbrances in existence prior to July L 2009, shall be determined upon the date of recording of the lien. 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. PASSED and ADOPTED on first reading the 2.' S'- day of m ,q y 2009. . ( i ~ \ . C,' ,. , 2009. ~ j I.... ( . . , / '. t. '1" ( I...... I ...., .f' , ,. I" .. I , -',-:~~f~r~~ . . Jjl?Je 1}. fli~e's;'CMC, City Clerk . . --, Page 2 of 3 Moved by: Y l u. M~Y' 1lt-At..~~ Seconded by: Cn~ Goo~PrAl Vote: .;:; -0 Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl V(Y es) ~(Y es) ~(Y es) ~<Y es) ---0Y es) _(No) _(No) _(No) _(No) _(No) Page 3 of 3 u ~ ell "C III I'll UJ 0 W ;;; ...J ... ~ ~ >- I'll Z .. Z :l ~ C UJ ell U. ~ 0 UJ ~ D::: III U z Qi <: 0 !:::! Qi Ql Ol i:: E Q; tIl .2 tIl ll.. Z Ul c a. c '€ 0 "5 Ql U .!!! > Ul "C Ql Ql U <( Ul 0 ... ... Cl Cl co co ,... ,... C! Cl Cl N N ... :: 10 10 X o!l .... .... co co .... III ~ .0 E ~ ::J Qi z .0 a. E <: ~ 0 ::J t: <5 z Ql Qi "C Ul N 0 <( .E i:i) U G ;Q - e w ~ . ..... ~ . ..... it w ..c Ie 14 1: '" 0 ~ g 0 ...: u w .. ~ " . . ,: ~ .. 0 z , ::> ~ '" 0. ! I; 9 '0 ~ e- % . ;;: .. .. . ;;: ~ w .. % ~ >- .E I; t .. " " I; z ~ E . 8 ~ -d ~ ~ . :I: '" ~ ! ;: "0 > " <{ .. E ~ 0 .. -g ;; u '6 .: . 0> . 0. ~ . ;; '" . :; " 0 '" ~ :I: ] :i ~ >- .E '" ad o~ Oii N'li - . ......:: o~ -~ c.gg 0-11 ~ Q)~ _.:1 fag C~ . S:::::il o~ ._ e _0. fa.!! (,J~ =i ..c~ ::sw c..~ 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 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 FOR ABATEMENT PROCEDURES AND AUTHORIZING THE CITY TO RECOVER ITS COSTS AND flLEA LIEN; 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 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 clo 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 TTY line at 305-792-1590 for assistance. NARANJA LAKES COMMUNITY REDEVELOPMENT AGENCY MIAMI-DADE COUNTY, FLORIDA REQUEST FOR PROPOSALS FOR PROPERTY MANAGEMENT SERVICES The Naranja Lakes Community Redevelopment Agency (the "CRA") is solictting Proposals from qualified persons and entities to provide property management services to the CRA for its Community Center located at 27555 SW 140 Avenue. Naranja. Florida. Inttially. the Community Center is intended to be used by the CRA for tts administrative purposes including holding its Board meetings and WOrkshops. as well as serving the needs of its Board Members and staff from time to time. Depending 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 tt 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 hourly 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. tollow-up. etc. Further. the CRA is also contemplating entering into an agreement WITh the Miami-Dade Police Department ("MDPD") to allow the MDPD to use a portion of the Community Center as a work station. which mayor may not be sta"ed by MDPD on a 24 hour per day basis. The Community Center work 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 MDPD in connection with its use ot 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 Dnice of Strategic Business Management. Community Redevelopment and Municipal Services Division located at 111 NW 1 ST Street. 22nd Floor. Miami, FL 33128. The RFP may be obtained on line at httpJlwww.miamidade.govl crepad/. at the following link "Naranja Lakes CRA RFP" The contact for this project is Jason E. Rodriguez who may be reached via e-mail at iasoner(ci)miamidade.oov. or phone: (305) 375-2B20. Deadline for submission ot 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. Sutte 2200. Miami. Florida 33128. BE ADVISED THAT AWl AND ALL SEALED QUALlFICATlDNS ENVELOPES OR CONTAINERS RECEIVED AFTER THE ABOVE SPECIFIED RESPONSE DEADLINE MAY NOT BE CDNSIDERED. This solicttation is subject to Miami-Dade County's Cone ot 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 It for a complete and thorough description of the Cone MIAMHlADE of Silence. s:l!lliil 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 MEMQRANI1Ul\'I TO: The Honorable Mayor and City Commission FROM: Robert C. Solera, Community Development Director DATE: 6/1 8/2009 RE: Provide that Code Enforcement Liens Shall have Priority Equal to Taxes and Superiority to All Other Lines and Encumbraces RECOMMENDA TION: Staff recommends that the City Commission adopt this Ordinance Amending Chapter 14 of the City Code more specifically known as the Code Enforcement Section. REASONS: At this time the City of Sunny Isles Beach Community Development Department, in accordance with Chapter 162, Florida Statutes, and upon an entered Order by the Special Master, imposes a lien as a result of the fines based on the findings of the violation existence. This lien is upon any real or personal property owned by the violator. This amendment will provide a superiority of the lien. This superiority will provide the means for the liens to remain coequal with the liens of all state, county, district and municipal taxes, superior to all liens, titles, encumbrances and claims until paid. The priority of any other liens that were in existence prior to July 1, 2009, will be determined based on the date of recording of the lien. ADDITIONAL INFORMATION: The priority of any other liens that were in existence prior to July 1, 2009, will be determined based on the date of recording of the lien. FUNDING SOURCE: N/A A TT ACHMENTS: . Ordinance Agenda Item CfE.. lo- (~-- 09 Date http://sibagenda. si bfl.net/agenda/Previ ew .aspx?I temID=3 O&MeetingID=O