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Home My WebLink AboutOrdinance 2006-269 ORDINANCE NO. 2006- 'l.1.. '\ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 250-13 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH TO REQUIRE CONNECTION TO UNDERGROUND ELECTRIC FACILITIES WHEN AVAILABLE AND TO REQUIRE DISCONNECTION FROM OVERHEAD TELEPHONE AND CABLE TELEVISION FACILITIES WHEN UNDERGROUND FACILITIES ARE A V AILABLE; AND AMENDING SECTION 250-14 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH RELATING TO NOTICE TO PROPERTY OWNERS REGARDING CONNECTION REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is located in a coastal high hazard area; and WHEREAS, the City Commission supports undergrounding of all utility facilities for reasons of public safety and aesthetics; and WHEREAS, the City Commission believes that it is in the best interest of the residents and visitors to require the undergrounding of existing overhead facilities to prevent power loss during natural disasters, including hurricanes; and WHEREAS, once the electric and communication facilities are installed underground in a public right-of-way and are available for connection, the property owner is responsible for converting to, and connecting with the underground service. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this ordinance upon adoption hereof. Section 2. Section 250-13 of the Code of the City of Sunny Isles Beach is amended to read as follows: 9250-13 RESPONSIBILITY OF PROPERTY OWNER Amending Section 250-13 & 14 Undergrounding of Utilities Page I of5 A. Everv owner of real propertv which has an electric svstem connected to overhead electric facilities in a public right-of-wav and which abuts upon a public right-of-wav containing underground electric facilities shall cause such electric svstem to be connected to the underground facilities within 90 davs after written notification bv the Citv that the underground facilities are available for connection. No less than 90 davs prior to the date the underground facilities will become available, the City shall notifv the affected propertv owner of the anticipated availability of the underground facilities and shall also notifv the owner that the owner will be required to connect to the underground facilities within 90 davs of actual availabilitv of the underground facilities. Wlllimever o'/effieae atility eistfibatioll fll€ilities llltve beell eellvertee to lJReergreooe faeilities, the l'Iroperty e',vnerG ill the area to be served by the lIew faeilities sHall be required te arrange fBr tHe eellversiBII of their eJdstillg serviee faeilities ill aceerelHlee with all E1pl'llieable Brei_ees, eeees, statates, and atility eSlRl'Iatl-y speeifieatiells. For elee-tric seriiee faeilities sueh eellverGiell sHall illehlEle, but sHall lIet be limited te, serviee lateral. The property owner shall be responsible for all costs associated with the modification of service facilities for the affected property to accommodate underground utility service. B. Everv owner of real propertv which has a telephone or cable television system connected to overhead telephone or cable television facilities in a public right-of-way and which abuts upon a public right-of-wav containing underground telephone or cable disconnected from the overhead facilities shall cause such telephone or cable svstem to be disconnected from the overhead facilities within 90 davs after written notification bv the City that the underground facilities are available for connection. No less than 90 davs prior to the date the underground facilities will become available. the City shall notifv the affected propertv owner of the anticipated availabilitv of the underground facilities and shall also notify the owner that the owner will be required to disconnect from the overhead facilities within 90 davs of actual availability of the underground facilities. C. The City shall notify each property owner when conversion from overhead to underground utility distribution service is complete. The notice shall be served by registered mail, addressed to the owner or owners of the property described as they are known to the City Manager or as their names and addresses are shown upon the records of the County Tax Assessor, or other public records of the City of Sunny Isles Beach or of Miami-Dade County, Florida, and shall be deemed complete and sufficient when such necessary modifications and arrangements for use of underground facilities shall be completed within 90 days of receipt of such notification. Section 3. Section 250-14 of the Code of the City of Sunny Isles Beach is amended to read as follows: S 250-14, NOTICE OF PROPERTY OWNER'S FAILURE TO CONVERT FACILITIES A. If the City Manager or designee determines that a structure has not completed conversion to underground utility service facilities as required by S 250-13B above, he shall notify the Amending Section 250-13 & 14 Undergrounding of Utilities Page 2 of5 owner of that building in writing and demand that the owner cause the conversion to be made within 60 days of the date of service of the second notice. The notice shall be by registered mail and in the manner set forth in ~ 250-13BC hereinabove. In the event that such notice is returned by postal authorities, the manager shall cause a copy of the notice to be served by a code enforcement officer upon the occupant of the land or upon any agent of the owner thereof. B, In the event the personal service upon the occupant of land or upon any agent of the owner thereof cannot be performed after reasonable search by a code enforcement officer, the notice shall be served by physical posting on the said property, and by publication in a newspaper of general circulation in the county at least twice, even days between publications, and 30 days before the date the conversion is required. The notiee shall be in sllbst(llltially the follov:ing form: NOTICE REQUIRINC CONYERS ION OF UTILITY SERVICE Ff.CILITlES Name ofOvffler !.ddress of O'/ffler Oar Feesrds indieate that YOIl are the O'llfler(s) of the follo'.ving land in Miami Dade Collflty, Florida: (deseribe property) 1\n inspeetion of this laHd diseloses, and I have fOllnd and determined that a building is loeated theFeon whieh has not eonverted its (state type of utility) sef'/iee faeilities from overhead to Ilndergrollnd sen'iee. YOIl are hereby notified that unless tllis bllilding eon'/erts its (state type of Iltility) servlee faeilities from overhead to undergrolllld sef'liee. YOIl are lIereby notified that Ilnless this IHlilding eonverts tllis (Dtate type of atility) serviee faeilities from o'ierhead to aIldergroand serviee within 30 days of pemonal seniee apon yoa of this noliee, sr sf the seeond pHblieation hereof, tile City '.vill proeeed to eaaDe the eOR-vemion of these faeilities and tile eost of tile '{{orl" inelading ad'lertising, eosts and all otller Ollpenses neeessary to eOHlfllete the eOR-yersion will be imposed as a lien on the land if net otllerwise paid 'lIitmn 90 days after the eonvemion lias been eOHlflleted and tile eost tllereof aseertained by the City of ganny Isles Beaeh, Florida. City efSllnny Isles Beaeh, Florida By: City MaHager Section 4. Severabilitv. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Amending Section 250.13 & 14 Undergrounding of Utilities Page 3 of5 Section 5. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 6. Inclusion In The Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a 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 7. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading, PASSED and ADOPTED on First Reading the ll..+'-dayof Nuve-Iow ,2006. PASSED and ADOPTED on Second Reading this I t./.j.,~ay of be.~w.bev. 2006. ().~, ',., .':' ;" \. "~~" r . '" ( " 'ATTEST:. -I .;~.., , , / "<:;. ," :~~'....~'.~ 'n Jane,J\.Hines;Gt-J~,City Clerk :,\. . ~; ',-, , \: ~ r-) ~'i,O' .- _....";.>'" . .'1 ~ * - : t. ~B .j . APPROVED AS T.O FO AND LE S Moved by: C.6l""VI'\Ic;.C1I1t\lfAe ]1;,USJI'l:S' Second by: ~Cf r)"]i/WDyt~M~R.. Amending Section 250-13 & 14 Undergrounding of Utilities Page 4 of5 VOTE AS FOLLOWS: Mayor Edelcup Vice Mayor Brezin----- Commissioner Goodman Commissioner Iglesias Commissioner Thaler ~yes lJL)yes CJL) yes ( ,/) yes o yes Amending Section 250.13 & 14 Undergrounding of Utilities L)no L)no L)no L)no L)no Page 5 of5 TO: FROM: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, CMC, City Clerk MEMORANDUM A. John Szerlag, City Manager pJ)~ Priscilla Walker, CMC, Deputy City Clerk DATE: December 19,2006 RE: Approval of Utilities Amendment Ordinance At its regular meeting of December 14, 2006, the City Commission adopted Ordinance No. 2006-269, which amended Chapter 250 "Utilities" of the SIB code. Attached is a copy of the revised ordinance. Thank you. :pw Attachments cc: Hans Ottinot, City Attorney Jorge Vera, Assistant City Manager/Services Doug Haag, Assistant City Manager/Finance Underground Utilities Ord Amendment Trans Memo TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Lewis J. Thaler, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Otlinol, City AI/orne)' Jane A. Hines, Cit)' Clerk MEMORANDUM The Ho.no~able City commiS.Si~., CommissIOner Danny Iglesla~ U) November 16,2006 Ordinance Requiring Connection to Underground Utility Facilities When Available RECOMMENDATION: This Ordinance is presented for your consideration and approval. REASONS: As this Commission is aware, the City has embarked on a project to underground all utility facilities throughout the City for public safety and aesthetics purposes. The need for underground electric facilities was highlighted during the past year as a result of the massive power loss throughout the City due to Hurricane Wilma. It is a known fact that underground power lines are not as susceptible to wind and debris-blown damage as overhead systems. More specifically, overhead lines tend to have more power outages primarily due to trees coming in contact with the lines. The City Commission has taken the proactive step of protecting the public safety by agreeing to pay for the costs of undergrounding electric facilities throughout residential neighborhoods. The total costs for the City will exceed $1 million dollars. However, in order for the underground facilities to operate, residents must hook-up to these facilities when they are made available. Therefore, the purpose of this Ordinance is to require residents to hook-up to underground facilities when they are available. The residents will receive notice from the City when these facilities are available. Since the City has agreed to pay for costs of the undergrounding of the utility facilities, the residents will be responsible for the hook-up fee. / Attachment - 1 - 9~ /2 -J4.- D~ Agenda Item Date