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