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HomeMy WebLinkAboutOrdinance 2016-484 ORDINANCE NO. 2016- 4L AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 193-9 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH ENTITLED "PERMITS FOR WAIVER FOR CONSTRUCTION NOISE" TO REQUIRE AN APPLICANT TO PROVIDE A COPY OF THE PERMIT APPLICATION AND PERMIT APPROVAL OR DENIAL TO THE ADJACENT PROPERTY OWNERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission recognizes that property owners are entitled to the safe, quiet and comfortable enjoyment of their home and business, and finds that certain types of noise infringe on the public's health, safety, comfort and enjoyment; and WHEREAS, the City Commission recognizes that impacted property owners should be well informed about the reasons to allow extended construction hours when the City finds the waiver permit application justified; and WHEREAS, the City Commission wishes to require the Applicant applying for extended hours to provide a copy of the permit application and permit approval or denial to the adjacent property owners provide new guidelines for the submittal of an extended hours permit. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this ordinance upon adoption hereof. Section 2. Amendment. Section 193-9 of the City Code is amended to read as follows: § 193-9. - Permits for waiver for construction noise. A. Applications for a permit for a waiver from the noise restrictions designated in this chapter on the basis of undue hardship and/or practical difficulty must be submitted to the City Manager at least 10 days before the occurrence of the activity relating to the waiver. The application for waiver must contain the basis for the waiver. The party requesting such waiver shall submit to the City Manager or designee any required approvals from the agencies (FDOT, Police Department, etc.) if applicable. In addition, the property owner or its designee shall notify the abutting property owners within 150 feet of the property in writing of the extension of the construction time request along with the justification for the waiver provided as part of the application. and shall provide proof of such notification to the Amending Section 193 Page I of 3 Words added underlined.words stricken deleted City by either presenting a signed acknowledgment or a return receipt of the certified mail. The Applicant shall also provide a copy of the application. permit approval. or denial of the request to the abutting property owners. The permit approval or denial of the request shall be provided after a decision is made by the City Manager or designee. B. If granted, the permit shall be in writing and contain all conditions upon which such permit is granted, including, but not limited to, the duration or equipment limitations. The permit must be kept on site at all times and be posted in a conspicuous place for inspection by the City. Section 2. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 3. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. PASSED and ADOPTED on First Reading the -XI d of Y , 2016. -1 PASSED and ADOPTED on Second Reading this 5`day ofd S e +. , 2016. )71— Geor e H. Scholl, Mayor ATTEST: • Jan&. roes, MM , City Clerk APPROV .1 AS TO FORM AND CAL SUFFICIENCY "Al,' • ans •ttinot, C ty Attorney Amendine Section 193 Paste 2 of 3 Words added underlined,words stricken deleted Moved by: YiCQ Y' GATTO Second by: Co 4-4_,LA .k) VOTE AS FOLLOWS: S-0 Mayor Scholl ( 1/' es ( ) no Vice Mayor Gatto ( i4 yes ( ) no Commissioner Aelion ( 4 yes ( ) no Commissioner Goldman ( ✓f yes ( ) no Commissioner Levin ( 4'yes ( ) no • Amending Section 193 Page 3 of 3 Words added underlined.words stricken deleted 1 u Z U U Z Z S' Z ›' x x Z c L Y ci c >_' - 0 C O` Z < L ° ° - w O �' r ' u 1 0 ° o r 3 pU N U O U < < ". 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H w 'Z • y Z O r O C o - if d ,,: ti o2 • u t O ` .a : Y O U 1 x , ▪ U U hIlil 3 t. o c r V 0 r Z C7 e - _ < U _° E _ 3 `o - N Item Coversheet Page 1 of 1 tn ,s°""Y"z,,. City of Sunny Isles Beach �r 8 18070 Collins Avenue • s„..,. 1. Sunny Isles Beach,Florida 33160 ▪\\ ` . •.., o.% ¢' (305)947-0606 City Hall r'e.,v.''`' (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot,City Attorney DATE: 9/15/2016 Amending Section 193-9 of the City Code of Ordinances RE: to require Applicant to Provide Additional Information to Adjacent Property Owners • RECOMMENDATION: The attached Ordinance is presented for your consideration. REASONS: The purpose of the attached Ordinance is to amend the existing application guidelines for extending construction hours permits. The amendment is needed to provide additional information to adjacent property owners to inform them of the reasons for the extended construction hours permit application. In reviewing the extended hours application for construction activities, staff has to balance the interests of the neighboring properties and the legal rights of a property owner to develop his or her property within the boundaries of the law. Staff reviews such application on a case-by-case basis to determine if there is good cause to grant such applications.The proposed Ordinance will provide all the required information to the impacted property owners at the time an application is filed with the City. This Ordinance was requested by the Office of the City Manager. . ATTACHMENTS: Description Ordinance(Revised 7/21/16) Notice of Public Hearing Item Number:9.B. http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1968 9/7/2016 F 5 0,4 N y t s<F City of Sunny Beach City Commission George"Bud"Scholl,Mayor 18070 Collins Avenue, Suite 250 Jeanette Gatto,vice Mayor r n Sunny Isles Beach, Florida 33160 Isaac Aelion, Canmissioner Dana Goldman,Commissioner ''- * (305)947-0606 City Hall Jennifer Levin,Commissioner r * ' " (305)949-3113 Fax r 's P Christopher J.Russo City er �o r (305)947-2150 Building Department P y Mana S C, F t o N.4°5 (305)947-5 107 Fax Hans Otti not,City Attorney rof sus " Jane A.Hines,MilC,City Clerk MEMORANDUM TO: The Honorable City Commission • FROM: Hans Ottinot, City Attorne) DATE: July 21, 2016 RE: Amending Section 193.9 of the City Code of Ordinances to require Applicant to Provide Additional Information to Adjacent Property Owners - RECOMMENDATION The attached Ordinance is presented for your consideration. REASONS The purpose of the attached Ordinance is to amend the existing application guidelines for extending construction hours permits. The amendment is needed to provide additional information to adjacent property owners to inform them of the reasons for the extended construction hours permit application. In reviewing the extended hours application for construction activities, staff has to balance the interests of the neighboring properties and the legal rights of a property owner to develop his or her property within the boundaries of the law. Staff reviews such application on a case-by-case basis to determine if there is good cause to grant such applications. The proposed Ordinance will provide all the required information to the impacted property owners at the time an application is filed with the City. This Ordinance was requested by the Office of the City Manager.