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HomeMy WebLinkAboutReso 99-136 RESOLUTION NO. 99-136 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RE-ADOPTING FOR AN ADDITIONAL TIME PERIOD RESOLUTION NO. 98-99, WHICH AMENDED RESOLUTION NO. 98-94, 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 OF THE SOUTH FLORIDA BUILDING CODE SHALL BE BORNE BY THE APPLICANT; PROVIDING FOR CONSENT AGREEMENTS; MANDATING LIFE SAFETY REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, more specific language is needed 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; and 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; -1- 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 new and existing non-compliant 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. This Amnesty period shall begin on May 31, 1999 and shall continue through July 31, 1999, pending the conduct of a workshop within said time frame. All owners of such non-compliant structures and/or uses shall have a period of two (2) months to utilize the benefits of this resolution and comply with the following: 1. The owner shall furnish to the Building Official 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 Building Official 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. 2. Prior to the issuance of a Certificate of Occupancy, the Building Official shall conduct an inspection to determine to the best ofhis/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. 3. The City Manager shall establish a fee for processing applications and to conduct any testing done pursuant to this section as well as any additional requested research. D. The Building Official shall have the right to enter into a consent agreement or stipulated order as an additional means to gain compliance with this Resolution. E. The provisions of this Section shall not be interpreted to supersede the following requirements which must be complied with by all structures at all times: (1) The following life-safety requirements of the current South Florida Building Code: (1) (2) (3) means of egress or escape requirement of shutters Hard-wired smoke detectors shall be installed as required by this Code. Amnesty 99 Resolution -2- (4) All aluminum electrical wtnng shall be replaced with electrical wiring meeting the requirements of this Code. (5) Ground fault interrupt (GFI) shall be installed as required by this Code. (6) All new exterior doors shall be intrusion and burglar resistant as required by this Code. (7) Full size pressure and temperature relief valved lines shall be installed on all water heaters as required by this Code. (8) Handicapped access requirements of this Code and Chapter 553 of the Florida Statutes shall be complied with, as well as any other applicable State law requirement governing accessibility by disabled persons. (9) All gas piping systems shall be bonded to ground. (10) Handrails shall be inspected and replaced, if necessary, in full compliance with the requirements of this Code. 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. Penalties for violation. Notwithstanding the provisions of this ordinance, the Building Official may at all times continue enforcement of the Code through any authorized means including issuance of a Notice of Violation, recording the same, commencement of a case before the Unsafe Structures Board, and/or the 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 Amnesty 99 Resolution _ 3- 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 13th day of May, 1999. :ll~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Moved by: Mayor David Samson Seconded by: Commissioner Danny Iglesias Vote: 4-0-1 Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow L (Yes) L (Yes) L (Yes) _ (Yes) L (Yes) _(No) _(No) _(No) _(No) _(No ..; Absent Anmesty 99 Resolution -4-