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HomeMy WebLinkAboutOrdinance 2003-184 ORDINANCE NO. 2003-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, TO APPROVE, ADOPT AND ENACT AN ORDINANCE CODIFYING AND REVISING THE ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, COUNTY OF MIAMI-DADE, STATE OF FLORIDA; PROVIDING FOR THE CONTINUA TION OF PREVIOUS PROVISIONS; REPEALING AND SA VING FROM REPEAL CERTAIN ORDINANCES NOT INCLUDED THEREIN; ADOPTING CERTAIN CHANGES MADE TO PREVIOUSLY ADOPTED ORDINANCES; PROVIDING FOR THE PROPER MAINTENANCE OF THE CODE; PROVIDING PENAL TIES FOR TAMPERING WITH THE CODE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach was incorporated in 1997; and WHEREAS, the City has retained the services of General Code Publishers to assist the City in codifying its ordinances; and WHEREAS, the codification of the City's ordinances will provide meaningful access to regulations adopted by the City Commission. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Adoption of the Code. ARTICLE I Adoption of Code ~ 1-1. Adoption of Code. The ordinances of the City of Sunny Isles Beach of a general and permanent nature adopted by the City Commission of the City of Sunny Isles Beach, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 267, together with the City Charter and an Appendix, along with applicable sections of the Code of Metropolitan Miami-Dade County pursuant to the City Charter but not codified herein, are hereby approved, adopted, ordained and enacted as the "Code of the City of Sunny Isles Beach," hereinafter known and referred to as the "Code." 02003- Adopt City Code Book Page 1 ~ 1-2. Code supersedes prior ordinances. This ordinance and the Code shall supersede all other general and permanent ordinances adopted and enacted by the City Commission prior to August 15. 2003,tne adoption and enactmeflt of this ~, except such ordinances as are hereinafter expressly saved from repeal or are continued in force and effect for any reason. ~ 1-3. Copy of Code on file. A copy of the Code in loose-leaf form has been filed in the office of the City Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the City of Sunny Isles Beach, as provided by law, and such certified copy shall remain on file in the office of the City Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect. ~ 1-4. Amendments to Code. Any and all additions, amendments or supplements to the Code, subsequent to August 15.2003 when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the City of Sunny Isles Beach" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code, as amendments and supplements thereto. ~ 1-5. Publication; filing. The Clerk of the City of Sunny Isles Beach, pursuant to law, shall cause to be published, in the manner required, a notice of the adoption of this ordinance in a newspaper of general circulation in the City. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes. ~ 1-6. Code book to be kept up-to-date. It shall be the duty of the Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Clerk's office for the use of the public. All changes in said Code and all ordinances adopted subsequent to August 15. 2003 to the effective date of this codificatiofl which shall Be adopted specifically as part of the Code shall, upon adoption wheR finally adopted, be included therein by reference until such changes or new ordinances are 02003- Adopt City Code Book Page 2 printed as supplements to said Code book, at which time such supplements shall be inserted therein. ~ 1-7. Sale of Code book. Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee. The Clerk may also arrange for procedures for the periodic supplementation of the Code. ~ 1-8. Altering or tampering with Code; penalties for violation. It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Sunny Isles Beach to be misrepresented thereby. ~ 1-9. Severability of Code provisions. Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. ~ 1-10. Severability of ordinance provisions. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. ~ 1-11. Repealer. All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter provided. ~ 1-12. Ordinances saved from repeal. The adoption of this Code and the repeal of ordinances provided for in ~ 1-11 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal: 02003- Adopt City Code Book Page 3 A. Any ordinance adopted subsequent to July 18, 2003. B. Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance, or any action or proceeding brought for the enforcement of such right or liability. C, Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision, or any penalty, punishment or forfeiture which may result therefrom. D, Any prosecution, indictment, action, suit or other proceeding pending, or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision. E. conferred. Any franchise, license, right, easement or privilege heretofore granted or F. Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof. G. Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the City's indebtedness. H. Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation. I. The levy or imposition of taxes, assessments or charges. J. The annexation or dedication of property or approval of preliminary or final subdivision plats. K. All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees. L. Any ordinance relating to or establishing a pension or retirement fund for City employees. M. Any ordinance amending the Zoning Map or the Comprehensive Plan. N. (LOR). Any ordinance specifically saved from repeal in Ord. No. 2002-165 02003- Adopt City Code Book Page 4 O. Beach. The Charter and any Charter amendments of the City of Sunny Isles ~ 1-13. Changes in previously adopted ordinances. A. In compiling and preparing the ordinances for publication as the Code of the City of Sunny Isles Beach, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof, In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said ordinances. It is the intention of the City' Commission that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such. B. The changes, amendments, additions or revisions described in Schedule A attached hereto and made a part hereof are adopted herewith, to become effective upon the effective date of this ordinance. C. Nomenclature, (1) Throughout the Code, references to "Dade County" are revised to read "Miami-Dade County." (2) Throughout the Code, titles of departments have been updated to reflect current nomenclature, as set forth in Ordinance No. 2001-123 (see Chapter 22, Departments). Schedule A Substanti ve Amendments at Time of Adoption of Code (References are to chapters and sections as codified) Chapter 1, GENERAL PROVISIONS. Article III, Provisions Applicable to Entire Code. A. The following original sections of Ord. No. 2001-126 are deleted as superseded by the new Code Adoption Ordinance: Section 1, Designation and Citation of Code; and Section 5, Severability of Parts of Code. B. Original Section 7, General Penalty; Continuing Violations; Violations Deemed Public Nuisance, of Ord. No. 2001-126 is deleted as superseded by Ord, No. 2001-141, Code Enforcement. 02003- Adopt City Code Book Page 5 Chapter 5, ADMINISTRATIVE REGULATIONS PROCEDURES. ~ 5-1 is amended to revise the word "semiannual" to read "annual." Chapter 10, BUDGET PROCEDURES. In ~ 1O-1A, two references to "line items" are amended to read "line items or department accounts." Chapter 17, COMPUTER USE AND ELECTRONIC COMMUNICATIONS. ~ 17-1 is amended as follows: A. Subsection A is amended to add the following sentences to the end thereof: "Computers, computer files, the e-mail system and software furnished to employees are the City's property, intended for business use. Employees should not use a password, access a file or retrieve any stored communication without authorization." B. Subsection B is added to read as follows: "As a condition of employment, all employees shall sign the Employee Waiver indicating understanding of and agreement with the policies and regulations set forth in this chapter." Chapter 33, ETHICS, CODE OF. In ~ 33-4: A. The lead-in wording of Section 2 of Ord. No. 99-82, which previously read "Section 2-11.2, of the Code of Miami-Dade County as adopted by Article 8.3 of the Charter, is amended to provide as follows:", is deleted, as the referenced County Code provision was technically repealed by Ord. No. 98-44. B. In Subsection B, the sentence which previously read "The City Attorney may conduct such further investigation as deemed" is revised to add the word "necessary" to the end thereof. Chapter 62, PURCHASING. ~ 62-16 is amended to add the phrase "Code of the City of Sunny Isles Beach" to the listing of ethical rules and guidelines in the first clause and to add the phrase "the City" following the phrase "violations of ethical standards." 02003- Adopt City Code Book Page 6 Chapter 96, ALARM SYSTEMS. In ~ 96-8B, the fee of $35 is replaced by the wording "as established in ~ 96-7B hereof." Chapter 104, ART IN PUBLIC PLACES. A. In ~~ 104-3A(I)(a), 104-4E, 104-5B, 104-8 and 104-9B and C, the term "Committee" or "Works of Art in Public Places Advisory Committee" is revised to read "City Commission." B. ~ 104-3A(1)(a) is also amended to delete the phrase "operations of the City Commission," following the phrase "research and evaluation pertaining to works of art." C. Original Section 5, Works of Art in Public Places Advisory Committee, of Ord. No. 99-83 is deleted. D. ~ 104-6 is added to read as follows: The City Commission shall have the following powers and duties: A. To detennine whether a particular proposed construction project is an appropriate site for works of art and whether all or part of the appropriations should be waived in accordance with * l04-3B hereinabove. B. Except for monuments, memorials or signs, to screen submissions and to select existing works of art or to detennine whether to commission new works of art for the fulfillment of the requirements of this chapter. C. To recommend sites and conduct contests and competitions in order to select works of art to be recommended for particular sites as may be desirable to the City Commission. D. To oversee the maintenance and insurance necessary to preserve and protect acquisition. E. To participate in the planning ofproposed works of art. F. To educate and stimulate participation by all citizens m a joint public/private effort to promote works of art in public places. G. To consider proposed donations of works of art for placement on public property in the City. E. ~ 104-7 is amended to delete the second sentence thereof, pertaining to the Committee, which previously read as follows: "Exclusive of costs approved by the City 02003- Adopt City Code Book Page 7 Commission, no obligation, liability or debt of any kind or nature whatsoever, incurred or asserted against the Committee shall, in any manner whatsoever, become an obligation or liability of the City." F. ~ 104-9B(I) is also amended to delete the phrase "after considering the Committee's recommendation" following "determined by the City Commission." Chapter 113, CABLE TELEVISION. A. In ~ 113-9B, the specific fee of $7,500 is replaced by the wording "as established in Subsection J(I)(a) of this section." B. In the first sentence of ~ 113-20A, the word "not" is inserted in the phrase "A franchisee may not in its rates or charges...." C. In ~ 113-32A, the sentence which previously read "If a violation is found, the person shall pay to the City $500 per day, or any part thereof for each day each violation occurs or continues." is amended to read as follows: "If a violation is found, the person shall pay to the City a civil penalty as set forth below or, if not covered by said schedule, then $500 per day or any part thereof for each day each violation occurs or continues." Chapter 116, CAFES, OUTDOOR. A. The lead-in paragraph of ~ 116-2 is amended to revise the listing of zoning districts to read "Neighborhood Business (B-1), Town Center Overlay (TCO) and Mixed Use - Resort (MU-R)." B. ~ 116-2D is amended to add the phrase "in the B-1 District and TCO District" to the end thereof. Chapter 129, COMMUNICATIONS FACILITIES. Article I, Wireless Telecommunications Antennas. A. In ~~ 129-4A(1) and 129-4B(I), the listing of zoning districts is amended to read "Neighborhood Business (B-1) and Town Center Overlay (TCO)," B. In ~~ 129-4A(2) and 129-4B(2), the listing of zoning districts is amended to read "Medium Density Multifamily Residential (RMF-l) and Medium - High Density Multifamily Residential (RMF-2) Districts." Article II, Telecommunications Rights-of-Way. 02003- Adopt City Code Book Page 8 A. ~ 129-27 is amended to replace superseded provisions with a reference to the more recent provisions of Ord. Nos. 2001-130 and 2001-131, codified as Article IV, Fees and Taxes, of Chapter 129. B. ~ 129-58A is amended to replace references regarding administrative hearings pursuant to Chapter 8CC of the Miami-Dade County Code with references to administrative hearings pursuant to Ord. No. 2001-141, codified as Chapter 14, which supersedes Chapter 8CC of the County Code. Chapter 150, EXTERIOR WALLS AND AWNINGS. In ~ 150-4B, the specific fee of $10 is replaced by the wording "as set forth from time to time by resolution of the City Commission." Chapter 170, HANDBILLS. ~ 170-4 is amended to delete the language "It shall be unlawful for any person to distribute or place any handbill on any motor vehicle by any means whatsoever, when such motor vehicle is parked, standing, stopped or located in a public street, highway, parking lot or place," which originally comprised Subsection (a) and which is superseded by the newer provisions of ~ 170-5A(9). Chapter 174, IMPACT FEES. In ~~ 174-9C(1), 174-21C(I) and 174-33C(1), the phrase "utilizing the most recent twenty-city annual national average data from the Engineering News Record Construction Cost Index" is replaced with the phrase "by the rate of 3%," Chapter 189, NEWSRACKS. In ~ 189-9A, the extraneous phrase "publicly and privately rights-of-way," is deleted following the phrase "located on public and private rights-of-way." Chapter 208, PROPERTY, ABANDONED OR LOST. In ~ 208-4B the phrase "the City shall comply with notice requirements in State statutes" is replaced with the phrase "the regulations of Chapter 223, Shopping Carts, of the Code of the City of Sunny Isles Beach shall control." Chapter 218, SALES STRUCTURES, TEMPORARY. 02003- Adopt City Code Book Page 9 ~ 218-3 is added to read as follows: * 218-3. Fees. A fee as set forth from time to time by ordinance shall be assessed for such permit. Chapter 250, UTILITIES. Article I, Utility Tax. A. The following sections are amended to delete the reference to "telecommunications service": ~ 250-1, definitions of PURCHASE, PURCHASER and SELLER; and ~ 250-2A, B and E. B. In ~ 250-1, the definitions of TAXABLE TELECOMMUNICATIONS SERVICE and of TELECOMMUNICATIONS SERVICE are revised to delete the text therefrom and replace it with a reference ("see") statement to the current Code provisions in effect. C. In ~~ 250-2A(2) and 250-6B, the language re: taxable telecommunications service is replaced with a reference statement to the current Code provisions in effect. Chapter 265, ZONING. A. In ~ 265-36E(1), the citation "two hundredths (2.0)" is revised to read "2.0." B. In ~ 265-46B, the following entries are amended to add the specific parking requirement in the right-hand column: "Extended or long-term living facilities, hospices: 1/2 parking space per bed plus 1 space for each employee on the day shift" and "Business or professional schools or vocational school: 1 space per 60 square feet of classrooms plus 1 space per 250 square feet of remaining area." Section 2. Severabilitv. If any provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such provision shall be deemed a separate, district, and independent provision and such holding shall not affect the validity of the remaining provlSlons. Section 3. Effective Date. This Ordinance is effective ten (10) days after its adoption on second reading. 02003- Adopt City Code Book Page 10 PASSED and ADOPTED on first reading the 23rd day of October, 2003 PASSED and ADOPTED on second reading this '2D~day of ~ 2003 / ) ,AT1'EST;/ ~-, I.~ i /<. " ..... ,~ <0~Ni~ Jane A.\ Hinesd:~ity Clerk Moved by: ~n4.. Gcx>~W Second by: Co~~, \S\ ant..~ 11iAL.~ VOTE: ':;-0 Mayor Norman S. Edelcup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Daniel Iglesias Commissioner Lewis J. Thaler (yes) V" (yes) V (yes) V (yes) V" (yes) V (no)_ (no)_ (no)_ (no)_ (no)_ 02003- Adopt City Code Book Page 11 CERTIFICATION CITY OF SUNNY ISLES BEACH Office of the City Clerk I, JANE A. HINES, City Clerk of the City of Sunny Isles Beach, Florida, hereby certify that the chapters contained in this volume are based upon the original ordinances of the City Commission of the City of Sunny Isles Beach, and that said ordinances, as revised and codified, renumbered as to sections and rearranged into chapters, when used in conjunction with the provisions of Miami- Dade County in effect pursuant to ~ C-8.3 of the City Charter, constitute the Code of the City of Sunny Isles Beach, County of Miami-Dade, State of Florida, as adopted by ordinance of the City Commission on "'oue'f'r..~v 2.0 ~b3. Given under my hand and the Seal o~e City of Sunny Isles Beach, County of Miami-Dade, State of Florida, this ~ day of l)ne.'vY'\'n~y . 2. 003 , at the City Offices, 17070 Collins Avenue, Sunny Isles Beach, Florida. . ", "....... ;r'''~:;,_ ',~ 4". .j.. ~mt~.\.s~,>:. ~~ '. .' ~itY Clerk c ...--'+ , ' .,. t ,/' ~ :'\ ,. '. " ;'. " f " fl" ~ ',~ "-~ I r