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HomeMy WebLinkAboutReso 98- 99RESOLUTION NO.98-99 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 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 PROVIDING 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. Amnesty. 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. A ., la set of as -built plans, including at a minimum a site plan and floor plan which show the exist' m structure and use as well as a certificate satisfactory to tire tirector . 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 all the codes. Any deficiency noted by the Building Official shall be brought into compliance with the code prior to the issuance of any certificate. C. . Nn R"P Zoning compliance -amnesty Res. -2- a rase e agelya �- 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. • .. 1 �. • .. . . - - .. ... . . � . zz 1 • 1 . - • • • • • • • • • - RIMS: 1 • • • - • • lift -ill • 1 - • • • 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. Section 6. Effective Date. This Resolution becomes effective upon adoption. PASSED AND ADOPTED this 17th day of Decembe , 998. David Samson, N ATTEST: Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: /; M. Dannheisser, City Attorney Zoning compliance -amnesty Res. 4- Moved by: CNhnnnT►n���w.c l�.c�.0 Secondedby: Vote: Mayor Samson Yes) (No) Vice Mayor Turetsky (Yes) (No) Commissioner Iglesias Yes) (No) Commissioner Kauffman ,Yes) (No) Commissioner Morrow::Eyes) (No) NOTE: New wording is highlighted q3, and old wording is struck through �--- Zoning compliance -amnesty Res. -5- el 6q City of Sunny Isles Beach 17070 Collins Avenue. Suite 250 Sunny Isles Beach. Florida 33160 (305)947-0606 phone (305) 949-3113 fax David Samson Mayor To: City Commission In ing Turetsky Vice Mayor From: Code & Licensing Enforcement Officer Commissioners Danny Iglesias Date: December 17. 1995 Lila Kauffman ' Connie Morrow Subject: REVISIONS TO: AMNESTY (50% REDUCTION) FOR James nager ro BRINGING EXISTING STRUCTURES AND USES INTO City Maanage CONFORMITYWITH LAW. Lynn DI. Dannheisser City Attorney RECOMMENDATION It is recommended that the City Commission adopt, by motion, the attached REVISED resolution granting fee reductions for bringing existing structures into compliance with the law. REASONS As you are aware, many businesses and structures in the City are improperly licensed and permitted. The permit fees to have these businesses apply for the proper zoning are very costly. This City's goal is to work with the business owners and property owners to achieve compliance with existing laws, without imposing excessive costs. The incentives remain the same but the highlighted revisions are necessary to clarify the purpose and intent of the City. More specific language is incorporated to stress that although the City is making concessions in the form of reduced fees the City is still obligated to adhere to Federal, State, and Local codes, and to continue enforcement action during the amnesty period. ADDITIONAL INFORMATION The amnesty period will remain unchanged, expiring on May 31, 1999. Other revisions attempt to provide the City with additional tools to help gain compliance with the Code. Respectfully submitted, Christopher D. Steers Code & Licensing Enforcement Officer 0