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HomeMy WebLinkAboutOrdinance 2001-128 ORDINANCE NO. 2001- '2 ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NUMBER 2000-103 ENTITLED "CERTIFICATES OF USE", AMENDING DEFINmONS; PROVIDING FOR APPLICATION PROCEDURES; PROVIDING FOR AN ORIGINATION FEE OF $80.00; PROVIDING FOR A $35.00 ANNUAL RENEWAL FEE; PROVIDING FOR SPECIFIC GROUNDS FOR DENIAL; PROVIDING FOR DUTIES OF THE CODE ENFORCEMENT & LICENSING DIRECTOR; PROVIDING FOR APPROVAL OF BUSINESS LOCATION; PROVIDING FOR LOST OR STOLEN CERTIFICATES; PROVIDING FOR REVOCATION OF CERTIFICATE OF USE; PROVIDING FOR PROCEDURES PURSUANT TO WIDCH A CERTIFICATE OF USE IS REVOKED; PROVIDING FOR RIGHT OF INSPECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, requiring an annually renewable certificate of use allows the City the legal means to routinely inspect local 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, WHEREAS, the purpose of the issuance ofa Certificate of Use is to aid in regulating against violations of the Code of Ordinances of the City of Sunny Isles Beach, NOW mEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF mE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1-1. Section 1-2 Entitled "Definitions" is hereby amended as follows: 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) as may be amended. Certificate of OccIlpancy 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. 02001- Certificates of Use 1 Certificate of Use is a document issued by the Director of Zoning of the Building Planning and Zoning Department Director of Code Enforcement and Licensing offieially approving verifying 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, Plamling afld Zoning DepartmeDt Code Enforcement and Licensing Department. Director. The word "Director" shall mean the director of Zomng Director of Code Enforcement and Licensing or hislher designee. 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 1-2. Section 1-6 Entitled "Fees" is hereby amended as follows: Fees to charged for the purpose of administering this ordinance are hereby imposed as follows: (A) The Building, Plaflfling aB:d Zoning Department Code Enforcement and Licensing 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 Bailding, Planning and Zoning Department Code Enforcement and Licensing Department shall collect and annual renewal fee of $25.00 $35.00 for the renewal of existing certificates of use as issued herein. (C) An application fee of $1 0.00 shall be assessed for the processing of a new application for Certificate of Use. (D) Inspections of the applicant's business premise shall be scheduled at the convenience of both the enforcement officer and the business owner. If the business owner fails to be present at the time of the scheduled inspection or if the enforcement officer is denied and/or unable to gain 02001- Certificates of Use 2 access to the business premise to conduct the requisite inspection. the business owner may be subiect to being charged a re-insoection fee of $25.00 per re-inspection at the discretion if the Director. Section 1-3. Section 1-7 Entitled "Application Procedures" is hereby amended as follows: (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. 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. ~865.09. (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 of the 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. 02001- Certificates of Use 3 (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 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 ~307 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) 8tate Lieense State License. Certification. Registration Required. All businesses and professions regulated by the state must submit a copy of their current state license. certification. and/or registration 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. (I) Grease Trap Registration required. All restaurants are reQuired to obtain a Grease Trap Permit from the Miami-Dade County Department of Environmental Resources Management and shall provide a coPy of said permit to the Code Enforcement and Licensing Department prior to the issuance of any Certificate of Use. (J) Fire Inspection required. All businesses that require an annual inspection from the Miami-Dade County Fire Department shall submit a COpy of the County fire inspection report or any such form indicating that said business was inspected and passed the requisite inspection; prior to the issuance of any Certificate of Use. Section 1-4. Section 1-8 Entitled "Grounds for denial" is hereby amended as follows: 02001- Certificates of Use 4 The Zoning Director of the Bl:lilding, Planning, and Zoning Department Director of the Code Enforcement and Licensing 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. (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. 02001- Certificates of Use 5 Section 1-5. Section 1-14 Entitled "Approval of business location required" is hereby amended as follows: No Certificate of Use shall be issued for any Business until the location of the Business is first approved by the Zomng DireCJtor of the Building, Planning and Zoning Department of Director of the Code Enforcement and Licensing Department of the City as to its compliance with zoning and other regulatory ordinances of the City. Section 1-6. Section 1-15 Entitled "Lost or stolen Certificates. issuance of a duplicate" is hereby amended as follows: 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 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 1-7. Section 1-18 Entitled "Revocation of Certificate of Use" IS hereby amended as follows: The Zoning Direetor Code Enforcement and Licensing Department 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 02001- Certificates of Use 6 statutes, and/or violations of County and/or City Zoning, Occupational Licensing, and related Ordinances. (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 02001- Certificates of Use 7 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 of the public. (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 ZOfliflg Direetor Code Enforcement and Licensing 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. 02001- Certificates of Use 8 (7) The proceedings at the hearing shall be conducted as follows: a. The Director shall present testimony in evidence. 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 of the 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 of the 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 1-8. Section 1-19 Entitled "Right of Inspection" is hereby amended as follows: 02001- Certificates of Use 9 (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 and the enforcement officer. (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 1-9. 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 1-10. 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 1-11. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 1-12. Effective Date. This Ordinance shall take effect ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading this '2..' s+ day of~U fJE. ,2001. PASSED AND ADOPTED on second reading this t 2..ij) day of ~ tA L Y , 2001. ATTEST: ~~~ll" Richard'Brown-Morillli, City Clerk 02001- Certificates of Use 10 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: 6-0 Mayor David Samson Vice Mayor Lila Kauffman Commissioner Daniel Iglesias Commissioner Connie Morrow Commissioner Irving Turetsky 02001- Certificates of Use Moved by: ~~~~~~~ Seconded by: " URET~kY (yes) ~ (yes) V (yes) V (yes) V (yes) V- 11 (no)_ (no)_ (no)_ (no)_ (no)_