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HomeMy WebLinkAboutReso 98- 94RESOLUTION NO.98-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING A PROCEDURE TO ASSIST CITIZENS IN BRINGING EXISTING STRUCTURES AND USES WHICH HAVE HERETOFORE NOT RECEIVED PERMITS OR CERTIFICATES OF OCCUPANCY INTO COMPLIANCE WITH BOTH CHAPTER 33 OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY CHARTER BY THE CITY OF SUNNY ISLES BEACH AND/OR THE SOUTH FLORIDA BUILDING CODE DURING AN AMNESTY PERIOD; PROVIDING FOR THE REDUCTION OF COSTS OF ANY APPLICATIONS FOR A ZONING HEARING WHICH WILL BE REDUCED DURING THE AMNESTY PERIOD BY 50% OF THE NORMAL COST OF ZONING HEARINGS; PROVIDING THE APPLICANT SHALL BEAR THE COST FOR ADVERTISING; PROVIDING THE COST OF THE BUILDING PERMITS PLUS $100 IN ACCORDANCE WITH SECTION 305.1 OF THE SOUTH FLORIDA BUILDING CODE SHALL BE BORNE BY THE APPLICANT; PROVIDING FOR A TIME LIMITATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Building, Planning and Zoning of the City of Sunny Isles Beach has determined that a large number of both residences and commercial structures are not in compliance with the South Building Code and/or Chapter 33 of the Code of Miami -Dade County as applicable to the City of Sunny Isles Beach; and WHEREAS, the City has an expressed goal of achieving 100% compliance with the provisions of both the South Florida Building Code and Chapter 33 of the Code of Miami -Dade County as applicable to the City of Sunny Isles Beach by Section 8.3 of its Charter; and WHEREAS, the City wishes to assist its citizens by providing an amnesty period within which they may, at substantially reduced costs, come into code compliance; NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Amnes1y. Notwithstanding anything to the contrary, the City of Sunny Isles Beach hereby declares a special period for bringing existing structures and uses into compliance with the South Florida Building Code and Chapter 33 of the Miami Dade County Code as applicable to the City of Sunny Isles Beach to be known as the "Amnesty Period" within the corporate limits of the City of Sunny Isles Beach. All owners of such structures shall have a period of six (6) months Zoning compliance -amnesty Res. - I - within which to furnish to the Director of the Department of Building, Planning and Zoning the following: A. A set of as -built plans, including at a minimum a site plan and floor plan which show the existing structure and use as well as a certificate satisfactory to the Director issued by a Florida registered engineer of registered architect, which engineer or architect is proficient in the discipline of design and knowledgeable about the South Florida Building Code as well as Chapter 33 of the Miami -Dade County Code as applicable to the City of Sunny Isles Beach and shall attest to the structure being structurally sound and in compliance with the requirements of the South Florida Building Code. B. Prior to the issuance of a Certificate of Occupancy, the Building Official shall conduct an inspection to determine to the best of his/her ability that the nature of the structure and use are reflected in the plan, are in compliance with the all codes. Any deficiency noted by the Building Official shall be brought into compliance with the code prior to the issuance of any certificate. Section 2. Hearing Fees. If the structure or use is not in conformity with Chapter 33 of the Miami -Dade County Code, the owner shall file a zoning application as required by Section 33-304 of the Miami -Dade County Code as it applies to the City of Sunny Isles Beach for the required change in zoning regulation and application forms prescribed by the Director provided however, as an incentive to gain compliance during this Amnesty Period, the Mayor and the Commission has declared that the cost of any zoning hearing fee will be reduced during the Amnesty Period by 50% of the actual cost of the submitting such zoning applications, provided however, that costs for advertising and notice to the public shall remain as applicant's cost. Section 3. Building Permit Fees. The cost for building permits shall be reduced as an incentive for compliance to the cost of the building permit plus $100 in accordance with Section 305.1 of the South Florida Building Code and shall be borne by applicant. Section 4. Effective Period. This Amnesty Period shall begin on the effective date of this Resolution and shall continue through May 31, 1999. Thereafter, all structures in uses which have not been brought into compliance may be subject to code enforcement through any authorized means including the issuance of a Notice of Violation and all the terms of Ordinance No. 98-21, commencement of a case before the Unsafe Structures Board and/or issuance of a Civil Notice. This Resolution shall not be construed or serve as a defense against any enforcement actions brought by the Building Official based on the current requirements of the code. Section 5. Severability. If any section, subsection, clause or provision of this Resolution is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Zoning compliance -amnesty Res. -2- Section 6. Effective Date. This Resolution becomes effective upon adoption. PASSED AND ADOPTED this 12th day of Novemt4r, 1998. David Samson, ATTEST: Richard Brown -Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: L M. Dannheisser, City Attorney Moved by: Ojo' n.e.ta�+� �L ...., Seconded by: — 19 Vote: Mayor Samson ✓ (Yes) (No) Vice Mayor Turetsky ✓(Yes) (No) Commissioner Iglesias i/ (Yes) (No) Commissioner Kauffman Yes) �(Y (No) Commissioner Morrow es) (No) Zoning compliance -amnesty Res. -3- 9e I David Samson Mayor To: Irving Turetsky Vice Atavor From: Commissioners Danny Iglesias Date: Lila Kauffman Connie Morrow Subject: James DiPietro Citv Atanaeer Lvnn NI. Dannheisser City Attomev City of Sunny Isles Beach 17070 Collins Avenue. Suite 250 Sunny Isles Beach. Florida 33160 (305) 947-0606 phone (305) 949-3113 fax City Commission City Manager November 12, 1998 AMNESTY (50% REDUCTION) FOR BRINGING EXISTING STRUCTURES AND USES INTO CONFORMITY WITH LAW RECOMMENDATION It is recommended that the City Commission adopt, by motion, the attached resolution granting fee reductions for bringing existing structures into compliance with the law. REASONS Many businesses and structures in the City are improperly licensed and permitted. This has resulted from years of neglect by Miami -Dade County. The permit fees to have these businesses apply for the proper zoning are very costly. This City's goal is to work with business owners and property owners to achieve compliance with existing laws, without imposing excessive costs. Therefore incentives are recommended as a way of expediting compliance with City codes. ADDITIONAL INFORMATION The amnesty period will expire May 31, 1999. During this period the City will initiate a great deal of publicity by encouraging citizens and businesses to apply for the appropriate zoning and permit applications. Respectfully submitted, James DiPietro, City Manager JD:pw