HomeMy WebLinkAboutOrdinance 2001-145
ORDINANCE NO. 2001- J..15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, REPEALING ORDINANCE NUMBER 2001-128,
AND AMENDING ORDINANCE NUMBER 2000-103 ENTITLED
"CERTIFICATES OF USE", AMENDING DEFINITIONS; PROVIDING FOR
APPLICATION PROCEDURES; PROVIDING FOR AN ORIGINATION FEE
OF 580.00; PROVIDING FOR A 535.00 ANNUAL RENEWAL FEE;
PROVIDING FOR SPECIFIC GROUNDS FOR DENIAL; PROVIDING FOR
DUTIES OF THE BUILDING DIRECTOR, ZONING AND PLANNING
DIRECTOR, AND CODE ENFORCEMENT AND LICENSING
DEPARTMENT DIRECTOR; PROVIDING FOR APPROVAL OF BUSINESS
LOCATION; PROVIDING FOR PROCEDURES PURSUANT TO WHICH A
CERTIFICATE OF USE IS REVOKED; PROVIDING FOR RIGHT OF
INSPECTION; PROVIDNG PENALTIES FOR VIOLATIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2000-103 adopted on August 14, 2000, which created a
regulatory ordinance providing for the annual renewal of Certificates of Use for all business types as
amended on July 12, 2001 by Ordinance No. 2001-128, to provide for an amendment of definitions,
a revision of fees, and the placement of the responsibility of issuance with the Director of Code
Enforcement and Licensing; and
WHEREAS, staff has reviewed the issuance procedure and approval process of certificates
of use and concluded that the certificates may be handled more effectively in a different manner to
further enhance and aid in regulating against violations of the Code of Ordinances of the City of
Sunny Isles Beach; by improving the coordination of the Code Enforcement and Licensing
Department and the Planning, Building, and Zoning Department
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ordinance number 2001-128 is hereby repealed, and Ordinance number 2000-103
Entitled "Certificates of Use" is hereby amended as follows:
Section 1-1. Section 1-2 of 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:
.siness 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
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activities of religious, charitable, non-profit service clubs and organizations, or educational nonprofit
institutions as those terms are defined in Chapter 205, F.S. as may be amended.
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.
Certifis- 9/ Use is a Eioe\flBeBt isS\:loo by the Dir-eetor of Code EBfer-eemeBt &BEl LieeBSHlg
verifying the zoBing use elassifieatioB of &BY busiBess '.vithin MY appr-&'/ed 9L~ or builEtiBg or
unit thereir., prior to its oeeupaaey &BEl after iBspeetiOB of the premises &Be proof of oompliaBee with
all the reEluifemeBts of the City CoEle of OrEliBaooes &Be all ether applieeble laws &BEl regulatioBS.
Certificate of Use is a document .J1IietJ fay tltn1tl~1t lite llfIiWi~ .96JNiII'BIfMI iIIfti .d__~'
issued by the Director of the Code Enforcement and Licensing Department after verifying with the
Zoning and Planning Director that the zoning use classification of any business. within any approved
structure or building or unit therein. is allowed. 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: provided. however. that no Certificate of Use shall be issued
until it has been reviewed and approved by both the Zoning and Planning Director and the Director
of Code Enforcement and Licensing.
Deportment. The word "Department" shall mean the BuilEliBg, PlamHng, aB8 Zoniftg Code
Enforcement and Licensing Department.
Director. The word "Director" shall mean the Director of Zoning or his ElesigBee the Code
Enforcement and Licensing Department.
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.
PlIIce 0/ 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 1-9 Entitled "Fees" is hereby amended as follows:
Fees to be charged for the purpose of administering this ordinance are hereby imposed as follows:
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(A) The BmldiBg, Pleooiftg, ftfttt ZeBiftg Code Enforcement and Licensing Dq>artment
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, PlamtiBg, aBd Zoning Code Enforcement and Licensing Dq>artment
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 $10.00 shall be assessed for the processing of a new application
for Certificate of Use.
(0) Inspections of the applicant's business premise shall be scheduled at the convenience
of both the enforcement officerfmspector and the business owner. If the business owner fails to be
present at the time of the scheduled inspection or if the enforcement officerfmspector is denied
and/or unable to gain access to the business premise to conduct the requisite ins.pection. the business
owner may be subject to being charged a re-inspection fee of $25.00 per re-inspection at the
discretion if the Director. Additionally. after three (3) such attempts and/or denials of access to the
premises the Director may pursue the revocation of any existing certificate( s) of use issued to the
subject premises.
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
pw:pose. disclosing the following:
(I) .11t .plisaH81t Hi filMl with tlte CUy JhliWillg ~1ft. 811 ffHIIft(fJ J1NA'HlBt/
ftN that J1fI1fi6a8. liIHJe1esillg lite f8U8UWtg:
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
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identification numbers.
g. If the applicant is a corporation or partnership, the full name of the
corporation or partnership and the state of incorporation. Applicant
must submit a copy of the articles 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. Applicant must submit a copy of the fictitious name
registration.
ill There has been a site ins,pection of the applicant's business premises.
ill The Zoning and Planning Director has approved and assigned the zoning use
classification.
ill The Code Enforcement and Licensing Oq>artment Director has verified
compliance with all applicable laws and regulations and has collected all
applicable fees due to the City.
(B) Legality of Use. In the event there is a question as to the legality of a use, the Zoning
and Planning Director may require affidavits and such other information slhe 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.
(0) 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 carefuUy reviewed this application and aU information
contained herein has been freely and voluntarily provided. AU 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. "
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(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.
(0) Obtaining a Certificate of Occupancy prior to issuance of Certificate of Use. All
businesses required to obtain a Certificate of Occupancy from the City Building De.partment
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) State License, Certification. Re2istration Reauired. All businesses and profes-
sions 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.
ill Grease Trap Recistration 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.
ill 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 ins.pection report or any
such form indicating that said business was inspected and passed the requisite ins.pection: prior to the
issuance of any Certificate of Use.
Section 1-4. Section 1-8 Entitled "Grounds for denial" is hereby amended as follows:
The Zoning Director of the Building, PlamHng, aDd ZoniBg Depar..meDt Zoning and Planning
Director shall have the authority to deny an application for a Certificate of Use on the following
grounds:
(I) 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.
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(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.
Q..Q} The applicant fails to permit inspection by the City as required
and prescribed herein.
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 1-5. Section 1-11 entitled "Duties of Director" is hereby amended as follows: "Duties of
Directors.
(A) The Code Enforcement and Licensin8 De.partment Director or his designee, 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 of this article and shall:
ill Verify that the applicant is in compliance with all applicable laws and
regulations of the City as prescribed herein.
(A){2) Investigate and determine the eligibility of any applicant for a certificate
and/or the current status of any certificate as prescribed in this article.
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ill Accept applications for certificates of use and review for completeness.
ill Inspect the applicants' premises for compliance with the applicable building
codes identiJYing any necessary building permits and/or any buiJdinB code violations.
ill Coordinate with Miami-Dade County Fire De.partment and the De.partment of
Environmental Resources Management to obtain copies of respective approvals as
necessary .
Qll The Zoning and Planning Director or his designee shall among other duties:
ill Approve and assign the zoning use classification for each business premise.
~ Examine the books and records of any applicant or certificate holder when
reasonably necessary for the administration and enforcement of this article.
(G)ill 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 therefore and deliver them to the applicant.
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Section 1-6. 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 leeaUon ef 1:he Basmess zoning use
classification of the business premise is first approved by the Zoning and Planning Director ef.the
BuiI&iftg, PlaDBiBg aB6 ZoRiBg DepartmeBt: and the Code Enforcement and Licensing Director
verifies that the apjllicant is in as to its compliance with WBing all applicable laws. and other
regulatory ordinances of the City.
Section 1- 7. Section 1-18 Entitled "Revocation of Certificate of Use" is hereby amended as
follows:
The ZeBiBg Dir-eeter Code Enforcement and Licensing Department Director. in consultation with the
Zoning and Planning Director. is granted the authority and charged with the duty to revoke, refuse to
renew or suspend any Certificate of Use as follows:
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(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,
(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 Artic1e~ 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 Code Enforcement and Licensing Dq>artment Director
may revoke, refuse to renew or suspend any Certificate of Use on any
grounds set forth in Section 1-7 A herein, above. The Director shall
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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 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 Code Enforcement and Licensing Director schedule a hearing on
the basis that he/she wishes to appeal the pending revocation notice.
The Office of the City Clerk 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.
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(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 anti may be tf8flseribed at the &lfPeRse of the party FetluestiBg the
tnmseript.
(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.
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.
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(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 (I) 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:
(A) Any person applying for or obtaining a Certificate of Use shall be subject to an
annual inspection of the place of business. Saia iBspeetioo shell Be reaseB891e aBd seBe8uleEi at t:he
eoo:vemenee of tile appHeaBt or eertifieatc Bolder.
(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 and the
enforcement officer or inspector. The office of the City Attorney is hereby authorized to seek
inspection warrants as necessary.
Section 1-9. Section 1-20 entitled "Penalties for Violation" is hereby amended as follows:
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
2001-141.
Section 1-10. 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
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remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the
invalidity of any part.
Section 1-11. 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-Iettered to accomplish such intentions, and that the word
"Ordinance" shall be changed to Section or other appropriate word.
Section 1-12. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
Section 1-13. Effective Date.
This Ordinance shall take effect ten (10) days after adoption on second reading.
PASSED AND ADOPTED on first reading this 13th day of November, 2001.
/ '. '
PASSED AND ADOPTED on second reading this
AtTEST: . .
~~'4~:~~"
RiClJard Browri-Mo~,'City Clerk
1
. ,
, :1:", .
.. ',.-<'
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~~
~ Nt. Dannheisser, City Attorney
VOTE: 5... D
Moved by: ~~.... '" ~<: , . ^ ;;;1> ~OOh"'l\c,J
Seconded by: Ol'Y\h\\ ~\ON AU.~t::=)1\.A-N
Mayor David Samson
Vice Mayor Daniel Iglesias
Commissioner Norman S. Edlecup
Commissioner Gerry Goodman
Commissioner Lila Kauffman
(yes) V
(yes) ~
(yes) ~
(yes) ~
(yes) ~
(no) _
(no)_
(no)_
(no) _
(no) _
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