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HomeMy WebLinkAboutOrdinance 2000-103 ORDINANCE NO. 2000-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-8 OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY SECTION 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH, TO DELETE THE CURRENT SECTION AND CREATE A NEW SECTION ENTITLED "CERTIFICATES OF USE", CREATING DEFINITIONS; PROVIDING FOR THE REQUIREMENT OF A CERTIFICATE OF USE; PROVIDING FOR THE TERM OF CERTIFICATE OF USE AND TRANSFER; PROVIDING FOR APPLICATION PROCEDURES; PROVIDING FOR AN ORIGINATION FEE OF $80.00; PROVIDING FOR A $25.00 ANNUAL RENEWAL FEE; PROVIDING FOR SPECIFIC GROUNDS FOR DENIAL; PROVIDING FOR RENEWALS OF CERTIFICATES OF USE; PROVIDING FOR A DISPLAY OF CERTIFICATE; PROVIDING FOR DUTIES OF THE ZONING AND CODE ADMINISTRATOR; PROVIDING FOR EXAMINATION OF RECORDS AND CITY BUSINESS ZONING CLASSIFICATION MANUAL; PROVIDING FOR APPROVAL OF BUSINESS LOCATION; PROVIDING FOR LOST OR STOLEN CERTIFICATES; PROVIDING FOR CIRCUMSTANCES UNDER WHICH A CERTIFICATE MAY BE DEEMED NULL AND VOID OR ILLEGAL; PROVIDING FOR REVOCATION OF CERTIFICATE OF USE; PROVIDING FOR PROCEDURES PURSUANT TO WHICH A CERTIFICATE OF USE IS REVOKED; PROVIDING FOR RIGHT OF INSPECTION; PROVIDNG PENALTIES FOR VIOLATIONS; PROVIDING FOR A TRANSITION PROVISION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Building Planning and Zoning Department in conjunction with the Code and Licensing Enforcement Division have encountered numerous businesses which have expanded, changed or altered the initial authorized use(s) of their business locations and; WHEREAS, although the current zoning code, as adopted, provides prohibitions on enlarging any existing use or making a new use of any structure, the code lacks the specific rules, regulations, and procedures to effectively regulate and enforce against said changes and; WHEREAS, requiring an annually renewable certificate of use allows the City the legal means to routinely inspect said business locations to ensure compliance with all applicable codes thereby helping to ensure the safe and legal operation of said businesses while at all times ensuring due process for the respective business owners, 02000- Certificates of Use NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Sectionl. Section 33-8 is hereby amended as follows: (a) No struetme shall be ased or occ\:lfJied or allY existing ase emarged, or ~' Flew ase made of any land, body of water, or stmetar-e, withoat first obtainiFlg a certificate of ase and occupancy therefor from the Department. (b) In the eyeBt there is a qaestion as to the legality of a use, the Director may require affidavits and such other information he may deem appropriate or necessary to establish the legality of the use, before a certificate of use and occupancy will be issued. Section 1-1 This Ordinance shall be entitled "Certificate of Use". Section 1-2 Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Business means and includes all vocations, occupations, professions, enterprises establishments, and all activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on or from any premises in the City; "Business" does not include the customary activities of religious, charitable, non-profit service clubs and organizations, or educational nonprofit institutions as those terms are defined in Chapter 205, F.S. (1995). Certificate of Occupancy is a document issued by the City Building Official certifying that he/she reasonably believes a building, or part thereof, and its occupancy to be in compliance with the minimum standards of safety, as set forth in the South Florida Building Code, prior to the buildings occupancy and after its inspection and that said building is in conformity with all other applicable laws and regulations. Certificate of Use is a document issued by the Director of Zoning of the Building Planning and Zoning Department officially approving the zoning use classification of any business within any approved structure or building or unit therein, prior to its occupancy and after inspection of the premises and proof of compliance with all the requirements of the City Code of Ordinances and all other applicable laws and regulations. Department. The word "Department" shall mean the Building, Planning and Zoning Department. Director. The word "Director" shall mean the director of Zoning or hislher designee. 02000- Certificates of Use 2 Person means any individual, firm, partnership, joint venture, syndicate, or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator receiver or other fiduciary. Place of business. Any structure used for the purpose of exercising the privilege of engaging in business within the City limits. Shall. The word "shall" is always mandatory and not merely directory. Structure means anything constructed or erected the use of which requires rigid location on the ground, or attachment to something having a permanent location on the ground, including but not limited to buildings, individual units within a building, and trailers/construction trailers. Section 1-3. Certificate of Use Required. (A) It is hereby deemed unlawful for any person to open or operate any business and/or occupy any structure within the City limits for the privilege of engaging in any business prior to obtaining the required Certificate of Use. (B) No structure used for the purpose of exercising the privilege of doing business within the City limits shall be used or occupied or any existing use enlarged, or any new use made of any land, body of water, or structure, without first obtaining a Certificate of Use therefore from the Department as may be required herein, as well as section 307 of the South Florida Building Code. (C) The Certificate of Use shall be renewable annually for all existing, new, and future business use classifications on any land, body of water, and or in any structure including the individual units within said structure within the City limits; including but not limited to those type of businesses as indicated in the City Business Zoning Classification Manual as adopted herein. (D) A separate Certificate of Use shall be obtained for each place of business and for each corporation and/or legal entity within each place of business. (E) It shall be the duty of every Person owning, operating, or purchasing any business within the City Limits to comply with the requirements of this article prior to opening any business and/or occupying structure. Section 1-4. Term of Certificate of Use and transfer. (A) No Certificate of Use shall be issued for more than one year, and all certificates shall expire on September 30th of each year. (B) Certificates of Use maybe issued for a fractional portion of a year, but no Certificate of Use shall be issued for a fractional portion of a month. C) When there is a change of use, business, business ownership or business name the application for Certificate of Use shall be treated as new application. 02000- Certificates of Use 3 Section 1-5. Due date for payment of Certificate of Use Fee. (A) Certificates shall available for issuance by the City, commencing on August 1st of each year. Both the renewal and renewal fee shall be due on October 1 st of each year. If October 1 st falls on a weekend or holiday, the fee shall be due and payable on or before the first working day following October 1st. Those certificates not renewed by October 1 st shall be considered delinquent and subject to a delinquency penalty of ten percent (10%) for the month of October, plus an additional five percent (5%) penalty for each month of delinquency thereafter until paid; provided, that the total delinquency penalty shall not exceed 25% of the fee due. (B) Any Person exercising the privilege of engaging in or managing any business without first obtaining a certificate of use, if required under this article, shall be subject to a penalty of 25 % of the fee determined to be due, in addition to any other penalty provided by law or ordinance. Section 1-6 Fees. Fees to charged for the purpose of administering this ordinance are hereby imposed as follows: (A) The Building, Planning and Zoning Department shall collect an origination fee of $80.00. No origination fee shall be charged for a Certificate of Use to any business within the City limits that have a current and appropriate Certificate of Use from Miami-Dade County or the City, but the annual renewal fee shall be charged accordingly. (B) The Building, Planning and Zoning Department shall collect and annual renewal fee of $25.00 for the renewal of existing certificates of use as issued herein. (C) An application fee of $10.00 shall be assessed for the processing of a new application for Certificate of Use. Section 1-7. Application Procedures. (A) Procedures for issuance. No Certificate of Use shall be issued or granted to any person or location to engage in any business type use named, identified or encompassed by this article unless an application is filed with the Director or his designee on forms provided for that purpose, disclosing the following: (1) a. The applicant's name and address. b. The name of the business for which a certificate is sought. c. The name and address of the owner and operator of the business and if a corporation, the names and addresses of each of its corporate officers and its resident or registered agent. 02000- Certificates of Use 4 d. The type or classification of the business and the relationship of the applicant to the business. e. The location in the city where the business will be operated. f. The date of birth, social security number and driver's license number of the owner/operator and any applicable federal employer identification numbers. g. If the applicant is a corporation or partnership, the full name of the corporation or partnership and the state of incorporation. h. If the business is a corporation and is to be conducted under another name, the business name and county of registration under F .S. 9865.09. (B) Legality of Use. In the event there is a question as to the legality of a use, the Director may require affidavits and such other information he/she may deem appropriate or necessary to establish the legality of the use, before a certificate of use will be issued. (C) Emergency Locator. The application shall contain a section designated "emergency locator." The applicant shall fill out as part of the Certificate of Use application the names, business and residence addresses and residence and business phone numbers ofthe owner, and the manager or other persons to be notified in 'case of fire or other emergencies. Any changes in such information during the period for which the Certificate of Use is issued shall be made to the Director or his designee, in writing. (D) Certificate number. All applications and certificates shall be assigned a number, which may be an individual's social security number and a corporation's federal tax number, or such other uniform method of numbering selected by the City Manager or his designee, with the director of management information systems. (E) Statement of accuracy. The application form shall contain the following language: "The undersigned has carefully reviewed this application and all information contained herein has been freely and voluntarily provided. All facts, figures, statements contained in this application are true, correct and complete to the best of my knowledge and belief. The applicant also acknowledges and understands that the issuance of a City Certificate of Use is contingent upon a zoning compliance inspection and in conjunction with the issuance of a Certificate of Occupancy, and City Occupational License. Failure to comply with the City's Ordinances may result in revocation of said Certificate of Use. " (F) Name. signature. The applicant shall print and sign his name to the application immediately after the statement required in subsection (E) above. In the case of a corporation, an 02000- Certificates of Use 5 officer shall be required to sign the application in his individual capacity and not solely as a corporate agent. (G) Obtaining a Certificate of Occupancy prior to issuance of Certificate of Use. All businesses required to obtain a Certificate of Occupancy pursuant to 9307 of the South Florida Building Code, must do so prior to the issuance of a Certificate of Use. Any Certificate of Occupancy issued by Miami Dade County shall be honored by the City provided that the occupancy for which the certificate was issued remains the same. (H) State License. All businesses and professions regulated by the state must submit a copy of their current state license prior to the issuance of their Certificate of Use thereafter each year at time of renewal. Only the state license itself, or in the case of the state hotel and restaurant commission, the receipt issued by the state, shall constitute proof of current state license, or the same as may be submitted along with the occupational license application requirements. Section 1-8. Grounds for denial. The Zoning Director of the Building, Planing, and Zoning Department shall have the authority to deny an application for a Certificate of Use on the following grounds: (1) That the applicant has failed to disclose or has misrepresented a material fact or any information required by this article in the application. (2) That the applicant desiring to engage in the business, as described in the application, has selected a proposed site or type of business activity, which does not comply with the City's zoning ordinance or other laws of the City. (3) That the applicant has failed to obtain a Certificate of Occupancy as required by Section 307 of the South Florida Building Code. (4) The Certificate of Occupancy for the proposed business location has been denied, suspended or revoked for any reason. (5) The issuance of a Certificate of Use is based on the applicant's compliance with specific provisions of federal, state, city or county law, with respect to the specific zoning use, and the applicant has violated such specific provisions. (6) The applicant has violated any provision of this article and has failed or refused to cease or correct the violation within 30 days after notification thereof. 02000- Certificates of Use 6 (7) The premises have been condemned by the local health authority for failure to meet sanitation standards or the premises have been condemned by the local authority because the premises are un- safe or unfit for human occupancy. (8) The applicant is delinquent in the payment of any certification fee imposed under this Article; Code Enforcement Lien; Special Assessment Lien and/or any other debt or obligation due to the City under State or Local Law. (9) The applicant has been denied a City Occupational License, or the applicant's Occupational License has been revoked within the last twelve (12) months. Any person, whose application has been denied as provided herein in this Ordinance, shall have the right to apply for a variance and/or public hearing. Such application shall be governed in accordance with any City or local ordinance or law. Section 1-9. Renewal of Certificate of Use. (A) Renewed certificates will not be issued until all delinquent payments for any fee imposed under this Article; Code Enforcement Lien; Special Assessment Lien and/or any other debt or obligation due to the City under State or Local Law has been paid in full. (B) The City shall endeavor to notify all certificate holders that their Certificates of Use are due for renewal. However, if such certificate holder does not receive a renewal notification, it is hislher responsibility to renew the Certificate of Use prior to October 1 S\ to avoid delinquent charges. (C) Any current Certificate of Use may, at the discretion of the Director, be renewed for each new certificate year without the need for a new application, provided the applicant signs the following certification: "I the undersigned hereby certifies that the Certificate of Use for which I am now applying is one for a renewal of a current Certificate of Use which is now in full force and effect. I have not changed the authorized use of the premises nor have I made any physical or structural changes to the premises and do not plan to make any physical or structural changes to the premises." (D) Any renewal application in which the applicant changes the authorized use of the premises or makes or proposes any physical or structural changes in the premises, shall be reprocessed as if the Certificate were a new application. 02000- Certificates of Use 7 Section 1-10. Display of Certificate. Each Certificate of Use issued by the City shall be displayed conspicuously at the place of business and in such a manner as to be open to the view of the public and subject to the inspection of all duly authorized officers of the City. Failure to display the certificate in the manner provided for in this section shall subject the owner/operator to the applicable civil penalties in accordance with the City Code Enforcement Ordinance and/or as permitted by law. Section 1-11. Duties of Director. The Director, among other duties, shall collect all fees and shall issue certificates in the name of the City to all Persons or Businesses qualified under the provisions ofthis article and shall: (A) Investigate and determine the eligibility of any applicant for a certificate and/or the current status of any certificate as prescribed in this article. (B) Examine the books and records of any applicant or certificate holder when reasonably necessary to the administration and enforcement of this article. (C) Notify any applicant of the acceptance or rejection of his application and shall, upon his refusal of any certification, at the applicant's request, state in writing the reasons therefor and deliver them to the applicant. Section 1-12. Examination of records. It shall be unlawful for any Person and/or Business to refuse to allow the Director to investigate and examine relevant records for the purpose of determining whether such Person and/or Business has a certificate and/or whether such Person and/or Business shall be issued a certificate. Section 1-13. City Business Zoning Classification Manual. Zoning classifications are hereby categorized as set forth in Exhibit "A" attached hereto and incorporated herein by reference, as may be modified form time to time. This manual is subject to any future land development regulations promulgated by the City. Section 1-14 Approval of business location required. No Certificate of Use shall be issued for any Business until the location of the Business is first approved by the Zoning Director of the Building, Planning and Zoning Department of the City as to its compliance with zoning and other regulatory ordinances of the City. Section 1-15. Lost or stolen Certificates. issuance of a duplicate. A duplicate Certificate of Use shall be issued by the Zoning Director to replace any Certificate or special permit previously issued which has been lost, stolen, defaced or destroyed without any willful conduct on the part of the certificate holder upon the filing by the certificate holder of an 02000- Certificates of Use 8 affidavit sworn to before a notary public of this State attesting to that fact. A duplication fee of $10.00 shall be charged for each duplicate certificate. Section 1-16. Obtaining: Certificate by false statement. Any Certificate of Use obtained under the provisions of this Ordinance upon a misrepresentation of a material fact shall be deemed null and void and the certificate holder who was thereafter engaged in any business under such certificate shall be subject to enforcement action for doing same without a certificate of use with the same effect and degree as though no such certificate had ever been issued. Section 1-17. Certificate of Use does not permit illegal activity. The issuance or possession of a valid Certificate of Use obtained under the provisions of this Ordinance does not constitute an approval of any offense, illegal activity or act prohibited by law. Section 1-18. Revocation of Certificate of Use. The Zoning Director is granted the authority and charged with the duty to revoke, refuse to renew or suspend any Certificate of Use as follows: (A) A Certificate of Use issued under this Ordinance may be revoked, suspended, or renewal of said certificate refused on the following grounds. (1) The certificate holder has failed to disclose or has misrepresented a material fact or information required by this article in the application. If an intentional misrepresentation of a material fact is discovered, Section 1-15 above applies. (2) The certificate holder does not engage in the business as described in the application or has changed the use without authorization. (3) The certificate holder allows the premises to be utilized for solicitation for prostitution, pandering, lewd and lascivious behavior, sale, distribution or display of obscene materials or conduct; sale or possession of any controlled substances or narcotics. (4) The Certificate of Occupancy for the proposed business location has been denied, suspended or revoked for any reason. (5) The issuance of a Certificate of Use is based on the applicant's compliance with specific provisions of federal, state, city or county law and the applicant has violated such specific provisions including but not limited to violations of Federal, State, or County criminal statutes, and/or violations of County and/or City Zoning, Occupational Licensing, and related Ordinances. 02000- Certificates of Use 9 (6) The applicant has violated any provision of this article and has failed or refused to cease or correct the violation after notification thereof. (7) The premises have been condemned by the local health authority for failure to meet sanitation standards or the premises have been condemned by the local authority because the premises are unsafe or unfit for human occupancy. (8) The applicant is delinquent in the payment of any certification fee imposed under this Article; Code Enforcement Lien; Special Assessment Lien and/or any other debt or obligation due to the City under State or Local Law. (B) Procedure: (1) The Director may revoke, refuse to renew or suspend any Certificate of Use on any grounds set forth in Section 1-17 A herein, above. The Director shall issue a written Notice of Intent to Revoke and/or Suspend that shall set forth the grounds upon which the notice is issued, the corrections necessary for compliance, and the certificate holders right to request an administrative hearing in front of the City Special Master, and that said appeal must be taken within thirty (30) calendar days of the service of said notice. (2) The thirty (30) calendar days shall be considered a warning period during which the noticed certificate holder may come into compliance as required herein. If compliance is achieved within said warning period the Director shall void the revocation and the certificate holder shall dismiss any pending appeal. (3) The notice shall be sent certified mail return receipt requested to the address provided in the application or the last known address of the applicant. Alternate service may be made by delivery of the notice of hearing to the place of business and/or posting such notice thereon. If there is no appeal taken by the certificate holder as provided herein; the Certificate of Use shall be automatically revoked. Upon revocation of the Certificate of Use, the certificate holder shall immediately cease doing business in any location listed therein. (4) The request for hearing before the Special Master to appeal the revocation notice shall stay any enforcement action and the certificate of use shall remain in effect unless, within the sole discretion of the Director, it is determined that the grounds for denial represent an immediate threat to the health, safety, and/or welfare ofthe public. 02000- Certificates of Use 10 (C) Scheduling and Conduct of Hearing. (1) At any time prior to the expiration of thirty (30) days following the service of the notice of intent to revoke and/or suspend the Certificate of Use: the certificate holder may request in writing that the Zoning Director schedule a hearing on the basis that he/she wishes to appeal the pending revocation notice. The Zoning Director in consultation with the City Special Master, shall set the matter down for hearing on the next regularly scheduled hearing date or as soon thereafter as practical, provided that the hearing date is not more than forty-five (45) calendar days from the date of the City's receipt of the timely request for appeal. The certificate holder shall receive a minimum of fifteen (15) days written notice of the hearing which shall set forth the time and place for the administrative hearing. (2) The hearing shall be conducted by the Special Master. The City Attorney shall represent the Special Master. Separate attorney appointed for such purpose may represent the Director at the hearing. (3) The proceedings at the hearing shall be recorded by the City Clerk and may be transcribed at the expense of the party requesting the transcript. (4) The hearing shall be conducted in an informal manner and the formal rules relating to evidence and witnesses shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Any relevant evidence shall be admitted if the Special Master finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. (5) Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witnesses regardless of which party first called that witness to testify; and to offer rebuttal to the evidence. (6) Requests for continuances will not be considered if not received by the Special Master at least seven (7) calendar days prior to the date set for the hearing. (7) The proceedings at the hearing shall be conducted as follows: a. The Director shall present testimony in evidence. 02000- Certificates of Use 11 b. The certificate holder shall then present testimony in evidence. c. Each side shall have the right of cross-examination at the conclusion of the others presentation. d. The Special Master shall have the right of inquiry. e. Each party shall have the right to present rebuttal evidence. f. Upon completion of the presentations, the hearing shall be closed, and the Special Master shall analyze the testimony and evidence of record and shall render a decision either affirming or denying the determination ofthe Director. (8) The decision of the Special Master shall be reduced to writing and copies thereof shall be furnished to the Director and certificate holder within five (5) business days ofthe hearing. a. This decision may be appealed by Writ of Certiorari within thirty (30) days of such written order to the Circuit Court of the Eleventh Judicial Circuit of the State of Florida, or by such other remedy as may be provided by Florida law. b. Upon the time period for such appeal having expired, and no such appeal having been filed, or upon the expiration of such appeal procedures resulting in the affirmation of the decision of the Special Master, the certificate shall stand automatically and immediately revoked and no new certificate shall be issued. Upon revocation, the certificate holder shall immediately cease doing business in any location listed therein. (9) No application for a Certificate of Use shall be considered by the City until one (1) year after the date of any revocation or non- renewal. Section 1-19 Right of Inspection. (A) Any person applying for or obtaining a Certificate of Use shall be subject to an annual inspection of the place of business. Said inspection shall be reasonable and scheduled at the convenience of the applicant or certificate holder. 02000- Certificates of Use 12 (B) For the purpose of enforcing the provisions of this code officials, inspectors, and enforcement officers shall have the right of inspection provided that said inspection shall be reasonable and scheduled at the convenience of the applicant or certificate holder. The office of the City Attorney is hereby authorized to seek inspection warrants as necessary. Section 1-20. Penalties for Violation. Any person who violates any section of this code shall be subject to the issuance of a civil penalty in the amount of $250.00 to be issued in accordance with Ordinance No.'s 98-21, 98-57, & 99-71. Section 1-21 Transition provision. Not withstanding anything to the contrary contained herein, this ordinance shall not affect vested rights demonstrated by any property owner pursuant to City Ordinance number 98-52. This provision shall no longer be in effect after October 8th, 2000. Section 1-22. Severability. Provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional, shall decision shall not affect the validity of the remaining section, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 1-23. Inclusion in Code. It is the intention of this Commission and is hereby ordained that the provisions of this Ordinance shall become and made 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 1-24. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 1-25. Effective Date. This Ordinance shall take effect ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading the 11th day of July, 2000. PASSED AND ADOPTED on second reading this -\:b ay of ~ David Samson, Mayor 02000- Certificates of Use 13 ~lA-- ~Chilrd..,..... ror.- ~rill!'.,;City Clerk " \ ' ~ \ r .... . ....; '. '/' \. ( 1~ ~) . . 'l t',' APPR61,@..A:S~Sf6 FORM AND LEGAL SUFFICIENCY: VOTE: 5 - 0 Mayor David Samson Vice Mayor Connie Morrow Commissioner Lila Kauffman Commissioner Daniel Iglesias Commissioner Irving Turetsky 02000- Certificates of Use ~ - Moved by: \ $$10 R l tA~cc.TSKY Seconded by: ~: $S\ o::f..R. ~l-.~~I ~ (yes) V'" (yes) ~ (yes) ----,:7" (yes) ---L (yes) ---L 14 (no)_ (no)_ (no)_ (no)_ (no)_