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