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Home My WebLink AboutOrdinance 98-44 ORDINANCE NO. 98- Lf Lf AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING CHAPTER 2 "ADMINISTRATION' OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY CHARTER SECTION 8.03 OF THE CHARTER OF THE CITY OF SUNNY IS LES BEACH, EXCEPT LEAVING INTACT ARTICLE 1, SECTION 2-11.1 "CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE", SUBSTITUTING EVERY REFERENCE TO "COUNTY PERSONNEL" WITH "CITY PERSONNEL", SUBSTITUTING EVERY REFERENCE TO "THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY" WITH "THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH"; SUBSTITUTING EVERY REFERENCE TO "THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS" WITH "THE CITY CLERK"; SUBSTITUTING THE TERM "ETHICS COMMISSION" WITH "SPECIAL MASTER AS DESIGNATED BY THE CITY MANAGER OF THE CITY OF SUNNY ISLES BEACH"; LEAVING INTACT ARTICLE XV "PUBLIC WORKS DEPARTMENT" SECTION 2-99 THROUGH SECTION 2- 103.16; LEAVING INTACT ARTICLE XV "DEPARTMENT OF PLANNING, DEVELOPMENT AND REGULATION' SECTION 2-113 THROUGH 2-116 SOLELY AS IT RELATES TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN AS ADOPTED BY THE CITY OF SUNNY ISLES BEACH AND SUBSTITUTING EVERY REFERENCE TO THE DEPARTMENT OF PLANNING, DEVELOPMENT AND REGULATION TO MEAN AND INCLUDE THE PLANNING, BUILDING AND ZONING DEPARTMENT OF THE CITY OF SUNNY ISLES BEACH, AND SUBSTITUTING THE TERM "BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY FLORIDA," WITH "THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA," AND FURTHER SUBSTITUTING ANY REFERENCE TO "THE DEVELOPMENTAL IMP ACT COMMITTEE AND COUNTY BOARDS" TO MEAN "THE CITY OF SUNNY ISLES BEACH CITY COMMISSION' UNTIL SUCH TIME AS THE CITY OF SUNNY ISLES BEACH ADOPTS ITS OWN COMPREHENSIVE PLAN; LEAVING INTACT ARTICLE XIII(A) "NUISANCE ABATEMENT" INCLUDING SECTIONS 2-98.4 THROUGH SECTIONS 2-98.10, SUBSTITUTING THE TERM "METROPOLITAN DADE COUNTY PUBLIC NUISANCE ABATEMENT BOARD," WITH THE TERM "NUISANCE ABATEMENT BOARD AS DESIGNATED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH" AND SUBSTITUTING EVERY REFERENCE TO "THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY" WITH "THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH"; AMENDING ARTICLE I, SECTION 2-11.1(s) "LOBBYING", BY AMENDING SECTION (s)(2) TO INCREASE LOBBYIST REGISTRATION FEES, AND AMENDING SECTIONS (s)(8) and (s)(10)TO PROVIDE THAT THE PERSONS OR ENTITIES VIOLATING THE LOBBYING PROVISIONS OF CITY LAW BE PROHffiITED Repeal & Amendments to Chapter 2 (revised) -1- FROM ENGAGING IN LOBBYING ACTIVITIES FOR A SPECIFIED TIME PERIOD, REVISING PENALTIES; PROVIDING FOR A REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DA TE.1 WHEREAS, on June 16, 1997, the City of Sunny Isles Beach adopted its Charter which contained Section 8.3 which adopted all Codes and Ordinances in effect, on that date, for Metropolitan Dade County as its own set of Codes and Ordinances; and WHEREAS, Chapter 2 "Administration" contains many provisions which are irrelevant to and should not pertain to the City of Sunny Isles Beach because they pertain strictly to Miami-Dade County, including, but not limited to, Standards for Creation and Review of Boards generally; Personnel issues; Finance Department; Tax Review Board; Parks and Recreation Department; Public Welfare Department; Metro-Dade Transit Agency, etc., which do not and should not pertain to the City of Sunny Isles Beach, leaving only a few articles which might be relevant to the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Rej)eal of certain Sections. All Sections of Chapter 2 "Administration" of the Code of Miami-Dade County, be and the same are hereby repealed except for the following Sections which shall remain intact as they may be applied to the City of Sunny Isles Beach: A. Article I, Section 2-11.1 "Conflict of Interest and Code of Ethics Ordinance"; substituting every reference to "County personnel" with "City personnel"; substituting every reference to "the Board of County Commissioners of Dade County" with "the City Commission of the City of Sunny Isles Beach"; substituting every reference to "the Clerk of the Board of County Commissioners" with "the City Clerk"; and substituting the term "Ethics Commission" with "the Special Master as designated by the City Manager of the City of Sunny Isles Beach"; B. Article XV "Public Works Department" Section 2-99 through Section 2-103.16; C. Article XV, "Department of Planning, Development and Regulation" Section 2-113 through 2-116 relating to Miami-Dade County comprehensive development master plan as adopted by the City of Sunny Isles Beach and substituting every reference to the Department of Planning, Development and Regulation to mean and include the Planning, Building and Zoning Department of the City of Sunny Isles Beach, and substituting the Board of County Commissioners of Dade County Florida, with the City Commission of the City of Sunny Isles Beach. IWords stricken through shall be deleted. Words underlined shall be inserted. Repeal & Amendments to Chapter 2 (revised) -2- D. Article XIll(A) ''Nuisance Abatement" including Sections 2-98.4 through Sections 2-98.10, substituting the term "Metropolitan Dade County Public Nuisance Abatement Board" with the term "Nuisance Abatement Board as designated by the City Commission of the City of Sunny Isles Beach" and substituting every reference to "the Board of County Commissioners of Dade County" for a reference to "the City Commission of the City of Sunny Isles Beach"; 2. Amending Article I, Section 2-11.1 "Conflict of Interest and Code of Ethics Ordinance", Section (s) "Lobbying" A. Section (s) (2) is hereby amended to read as follows: Alllo~~~~~:~~G~l.~::~.~.[()r77.~8~~~8'~~L~~.lg~bying activities, register with the Citv Clerk ..:..iIJ.....i~. Every person required to so r~:8:~~~~r ~G~~~.(.~~..~~8~:~!~..g~Jorms prepared by the Clerk, (b) pay a registration fee 001:...... .li."::I_ one hundred twenty-five dollars ($125.00) and (c) state under oath his or her name, business address, the name and business address of each person or entity which has employed said registrant to lobby, and the specific issue on which he or she has been employed to lobby. If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five (5) percent or more ownership interest in such corporation, partnership, or trust. Separate registration shall be required for each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description (where applicable) of a pending re~g7~!.tg~.:~..~:~g1>g~~h~J;l.~~~~~~ggL~gbi~, public hearing number, etc. The Citv Clerk ~J.,_C<<""iil'.m.I..- shall reject any registration statement which does not provide a description of the specific issue on which such lobbyist has been employed to lobby. Registration of all lobbyists shall be required prior to October 1 of every even-numbered year and each person who withdraws as a lobbyist for a particular client shall...~~:~.~:.~~~rg~2~~7gg~~~~:Ot;:~~~~;:~l.. The fee for biennial registration shall be ~ICI.I_i:I~,~I';.'..'.i.;. five hundred dollars ($500.00). Initially, all lobbyists shall register on or before June 1, 1991. In addition, every registrant shall be required to state the extent of any business or professional relationship with any current person described in subsection (b )(1). The registration fees required by this subsection shall be deposited by the ~ Clerk into a separate account and shall be expended for the purpose of recording transcribing, administration and other costs incurred in maintaining these records for availability tgJG:~.~gBI~c:.Jh~rt ~G.a~~.~tggfee required for filing a notice of withdrawal and the B'_I.I."ii~isl_.$ City Commission may, in its discretion, waive the registration fee upon a finding of financial hardship. * * * Repeal & Amendments to Chapter 2 (revised) -3- B. Section (s) (8) is hereby amended to read as follows: The Ethics Commission Special Master as designated by the City Manager of the City of Sunny Isles Beach shall investigate any person engaged in lobbying activities who may be in violation of this subsection (s). In the event that a violation is found to have been committed the Ethics COl~!.~!~!~.~~~:.~.i~~:~~!...~:=~~:r.::i~~in addition to the penalties set forth in subsecti~!l-'~~JMI.flmC[u:I.~:I!,I_ prohibit such person from 10bbyi~~..g.~~~re the _. Citv Commission or any committee, board or personnel of the -'lY City as provided herein. Everv lobbyist who is found to be in violation of this section shall be prohibited from registering as a lobbyist or lobbying in accordance with the following schedule: 1 st violation- for a period of 90 days from the date of determination of violation; 2nd violation- for a period of one (1 ) year from the date of determination of violation; 3rd violation- for a period of five (5) years from the date of determination of violation; A bidder or proposer shall be subiect to the debarment provisions of Section 10-38 of the Code of Miami-Dade County as if the bidder or proposer were a contractor where the bidder or proposer has violated this section. either directly or indirectlv or any combination thereof. on three or more occasions. As used herein. a "direct violation" shall mean a violation committed by the bidder or proposer and an "Indirect violation" shall mean a violation committed by a lobbyist re,presenting said bidder or proposer. A contract entered into in violation of this section shall also render the contract voidable. The City Manager shall include the provisions of this subsection in all City bid documents. RFP. RFO. CBO and CDBG apj>lications: provided. however. the failure to do so shall not render any contract entered into as the result of sU~11 . .'-:--'-;;;_,::,',:t'ii]:F~t~'q-1<;/~;;,~;_'S"'jjQi:i,:]:_:)t::;:"~!;;!~~:1~1;\!~jl:<<""\;lj':l);,i:',:-):;c-::";:;;l-':;,:~wi,ii;~%w:pn'8~\M~ii:@i:{';2+;:j;ij!;)Jil,;c:rr;;'1~;::';:;:L:;;f;:;i-:g'-,-:,L~1':'~~ * * * C. Section (s) (10) is hereby amended to read as follows: Exc t as otherwise rov' ubsec . the validity of any action or determination of the City Commission or ~ Jd!Y...personnel, board or committee shall not be affected by the failure of any person to comply with the provisions of this subsections. Repeal & Amendments to Chapter 2 (revised) -4- 3. City Consideration. This Ordinance shall remain in effect until such time as the City considers its own variances, if any, with respect to those Articles which have been left intact. 4. Re.peal of Conflicting Provisions. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 5. 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. 6. Inclusion in 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 conform to any uniformed numbering system. 7. Effective Date. This Ordinance shall take effect ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading the 16th day of July, 1998. PASSED AND ADOPTED on second reading this ~day of ~, 1998. '. :, ~. '. " ,. ~ " ./'.", \ ::' \1ATTEST: ...^)~ 'j ~ fJ '~ ., '::~~~#~4 Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Repeal & Amendments to Chapter 2 (revised) -5- Moved by: ~,~ ~~ Seconded by: VOTE: Mayor David Samson (yes) ~ (no)_ Vice Mayor Irving Turetsky (yes) ~(no)_ Commissioner Lila Kauffman (yes) -::?'(no)_ Commissioner Daniel Iglesias (yes) ~(no)_ Commissioner Connie Morrow (yes) ~(no)_ Repeal & Amendments to Chapter 2 (revised) -6-