HomeMy WebLinkAboutOrdinance 98-29
ORDINANCE NO. 98- 2 ~
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AMENDING CHAPTER 28, CODE OF MIAMI-DADE COUNTY ENTITLED
"SUBDIVISIONS," MAKING LEGISLATIVE FINDINGS AND SETTING
FORTH PURPOSE; REQUIRING UNDERGROUND UTILITY SERVICE
FACILITIES FOR NEW CONSTRUCTION AND EXISTING STRUCTURES
UNDERGOING SUBSTANTIAL REHABILITATION AND REQUIRING
PROPERTY OWNERS IN AREAS WHERE UNDERGROUND
DISTRIBUTION FACILITIES ARE INSTALLED TO PROVIDE FOR
NECESSARY CONVERSION OF THE SERVICE FACILITIES FOR THEIR
PROPERTIES FOR USE OF THE UNDERGROUND DISTRIBUTION
FACILITIES WITHIN NINETY (90) DAYS OF COMPLETION OF THE
NEW FACILITIES; REQUIRING EXISTING UNDERGROUND SERVICES
TO REMAIN UNDERGROUND; AUTHORIZING THE CITY TO PROVIDE
FOR CONVERSION OF SERVICE FACILITIES WHEN PROPERTY
OWNERS FAIL TO DO SO TIMELY AND PROVIDING THAT ALL COSTS
INCURRED BY THE CITY IN CONVERTING SERVICE FACILITIES FOR
A PRIVATE PROPERTY SHALL CONSTITUTE A SPECIAL ASSESSMENT
LIEN UPON THE PROPERTY, WHICH MAY BE FORECLOSED OR
OTHERWISE COLLECTED BY THE CITY; PROVIDING FOR A
REPEALER, SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
WHEREAS, the current overhead utility distribution and service facilities consist of exposed
electrical wires which can be a safety hazard; and
WHEREAS, the installation of underground utility distribution and service facilities wiH
protect these services during severe weather conditions; and
WHEREAS, the installation of electric distribution facilities and underground electric service
facilities in conjunction with the similar underground distribution and service facilities for telephone
and cable television service will improve the aesthetic appearance of Sunny Isles Beach;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
AMENDMENT TO CHAPTER 28. CODE OF MIAMI-DADE COUNTY. The
City of Sunny Isles Beach is governed pursuant to its Charter by the Code of Miami-Dade County.
This Ordinance will amend Section 28-15( e) of the Code which requires underground electric and
communication lines in all subdivisions. This Ordinance shall be known as the "Underground Utility
Ordinance."
Section 2.
Legislative Findings and PUI:pose. The City finds, determines and declares that it is
the general policy of the City of Sunny Isles Beach to require the underground installation of utilities
to the greatest extent feasible, in order to assure public safety, foster tree preservation, and improve
and protect the aesthetic character of the City. For the purposes of this Ordinance, "utility" shall
mean electric power, telecommunications and cable television service.
Section 3.
Definitions. All definitions set forth in Section 28.1 ofthe Miami-Dade County Code
are re-adopted in this Ordinance as if fully set forth herein.
Section 4. New Construction and Rehabilitated Structures.
(a) All new construction abutting Collins A venue to the east and west, including but not
limited to single family residences (if any), multiple family dwelling units, hotel and/or time
share units, and commercial properties shall be required to install underground service
facilities.
(b) When a structure undergoes rehabilitation wherein the cost of the rehabilitation is fifty
percent (50%) or more of the replacement value of the existing structure as
determined by the Dade County Property Appraiser's Office, utility service facilities
for that structure shall be converted from overhead to underground.
Conversion of Overhead to Underground Facilities.
Whenever overhead utility distribution facilities have been converted to underground
Section 5.
(a)
facilities, the property owners in the area to be served by the new facilities shall be required
-2-
to arrange for the conversion of their existing service facilities in accordance with all
applicable ordinances, codes, statutes and utility company specifications. For electric service
facilities such conversion shall include, but shall not be limited to, rearranging existing electric
service entrance facilities to accommodate an underground service lateral. The property
owner shall be responsible for all costs associated with the modification of service facilities
for the affected property to accommodate underground utility service.
(b) The City shall notify each property owner when conversion from overhead to
underground utility distribution service is complete. The notice shall be served by registered
mail, addressed to the owner or owners of the property described as they are known, to the
City Manager or as their names and addresses are shown upon the records of the County Tax
Assessor, or other Public Records of the City of Sunny Isles Beach or of Miami-Dade
County, Florida, and shall be deemed complete and sufficient when so addressed and
deposited in the United States mail with proper postage prepaid. All necessary modifications
and arrangements for use of underground facilities shall be completed within ninety (90) days
of receipt of such notification.
Section 6. Notice of Property Owner's Failure to Convert Facilities.
(a) If the City Manager determines that a structure has not completed conversion to
underground utility service facilities as required by Section 5 above, he shall notify the owner
of that building in writing and demand that the owner cause the conversion to made within
sixty (60) days of the date of service of the second notice. The notice shall be by registered
mail and in the manner set forth in subparagraph 5(b) hereinabove. In the event that such
notice is returned by postal authorities, the Manager shall cause a copy of the notice to be
Underground Utility Ordinance
-3-
served by a code enforcement officer upon the occupant of the land or upon any agent of the
owner thereof.
(b) In the event the personal service upon the occupant of land or upon any agent of the
owner thereof cannot be performed after reasonable search by a code enforcement officer, the
notice shall be served by physical posting on the said property, and by publication in a
newspaper of general circulation in the County at least twice, seven (7) days between
publications, and thirty (30) days before the date the conversion is required. The notice shall
be in substantially the following form:
"NOTICE REQUIRING CONVERSION OF
UTILITY SERVICE FACILITIES"
Name of Owner
Address of Owner
Our records indicate that you are the owner(s) ofthe
following land in Miami-Dade County, Florida: (describe
property)
An inspection of this land discloses, and I have found and
determined, that a building is located thereon which has not
converted its (state type of utility) service facilities from
overhead to underground service.
You are hereby notified that unless this building converts its
(state type of utility) service facility from overhead to
underground service within thirty (30) days of personal service
upon you of this notice, or of the second publication hereof,
the City will proceed to cause the conversion of these facilities
and the cost of the work, including advertising costs and all
other expenses necessary to complete the conversion will be
imposed as a lien on the land if not otherwise paid within
ninety (90) days after the conversion has been completed and
Underground Utility Ordinance
-4-
Section 7.
(a)
the cost thereof ascertained by the City of Sunny Isles Beach.
City of Sunny Isles Beach, Florida
By:
City Manager
Conversion of Facilities by City: Lien: Recording: Redemption.
If within sixty (60) days after service of the said mailed notice or by physical posting
of the notice on the property, or within (30) days of notice by publication in a
newspaper, as set forth in the preceding subparagraph, the required conversion of
service of facility has not been effected, the City Manager shall cause the conversion
to be made by the City of Sunny Isles Beach at the expense of the property owner.
The cost of the conversion shall constitute a lien upon the real estate served thereby.
Upon ordering a conversion of service facilities to be made by the City, the City
Manger shall cause to be recorded in the public records, a Notice of Utility Service
Conversion Lien Pending, which shall include a description of the property and a
statement that a conversion has been ordered, the cost of which shall under thIS
Section constitute a lien.
(b) After causing the conversion of service facilities to be done, the City Manager shall
certify to the Finance Director the expenses as may have been approved by the appropriate
City department, incurred in effecting the conversion and shall include a copy of the notice
above described, whereupon such expense shall become payable to the City within ninety (90)
days, after which a special assessment lien and charge will be made upon the property, which
shall be payable in ten (10) equal annual installments together with costs of recordation of all
Underground Utility Ordinance
-5-
documents required to be recorded hereby and with interest at the rate of ten (10%) percent
per annum on the unpaid balance from the date of such certification until paid; provided,
however, that the lien may be satisfied at any time by the payment of the entire sum due plus
accrued interest, recordation costs, and such expenses and penalties as may result from the
advertisement and sale of certificates for delinquent liens as hereinafter set out. The Finance
Director shall record a notice of such lien in the Office of the clerk of the Circuit Court and
shall keep complete records relating to the amount payable thereon. One-tenth of the amount
of liens accruing during any year ending on June first, shall be billed and mailed in the fall of
the same year to the owners of land subject to such liens at the same time as tax statements
for ad valorem taxes are mailed, and if the said amount shall not be paid on or before April
first of the following year, the entire lien and all annual installments thereof shall be
delinquent, overdue, and in default.
(c) The entire amount ofthe lien may be foreclosed by the City, or in the alternative may
be collected by any other legal means including the advertisement and sale of certificates.
Upon full payments of liens provided hereby or through foreclosure on tax sale certificates,
the Director of Finance shall, by appropriate means, evidence the satisfaction and cancellatkn
of such lien upon the public records. The costs of recordation of the notice of lien pending,
the notice of lien, and the satisfaction of lien shall be secured by the lien hereby provided.
Section 8. Underground Facilities to Remain Underground. Wherever utility service facilities are
located underground, such facilities must remain underground and may not thereafter be converted
to overhead facilities.
Underground Utility Ordinance
-6-
Section 9.
Repealer. All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 10. 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 11. Inclusion into the Code. The provisions of this Ordinance shall be included and
incorporated into the Code of Ordinances of the City of Sunny Isles Beach as an addition thereto and
the sections of this Ordinance may be renumbered to conformed to any uniformed numbering system.
Section 12. Effective Date. This Ordinance shall take effect ten (10) days after adoption on
second reading.
f1-
PASSED AND ADOPTED on first reading the 2b day of March, 1998.
PASSED AND ADOPTED on second reading this trrV.dayof ,1998.
ATTEST:
~~~~~~
Richard Brown-Morilla, City Clerk
~ 11;.. """", tt
>~;'A 4,-..... ,...~
'....- ...
.-_....., / --., '1,1
:,.... :'.
.....
;. \ ~_-4. ,")
--,.(,. r\-'
"'.~ ',\
Cj ""'N'
- '''''''''-'' " '"
.} ~ '. ...;--:.~
~, ~ \ ~ "- ("-''''"
....' . -.......J "... ~ jo
Underground Utility Ordinance .., C' , ___' "
~'.~... fA. ...~ (",....
.. f~- .. '..I
. .
. .
-7-
..
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Moved bY:~\N\'~ ~b Seconded by:~'\.\lNN' ~lfdW
The motion was approved by a vote of
Mayor David Samson
Vice Mayor Irving Turetsky
Commissioner Lila Kauffman
Commissioner Daniel Iglesias
Commissioner Connie Morrow
Underground Utility Ordinance
S-Q
(yes) J
(yes) v/
(yes) l../"
(yes)~
(yes) ~
in favor:
(no)_
(no)_
(no)_
(no) _
(no)_
-8-