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Home My WebLink AboutOrdinance 2007-282 ORDINANCE NO. 2007- 2 ~ 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING A NEW CHAPTER ENTITLED "NUISANCE" TO ESTABLISH GUIDELINES TO REGULATE VARIOUS TYPES OF PUBLIC NUISANCE WITHIN THE CITY'S JURISDICTION; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds there exist certain types of activities in the City which create a nuisance and affects the safe, quiet and comfort and repose of City residents; and WHEREAS, the City Commission wish to establish guidelines to regulate public nuisance within the City of Sunny Isles Beach; and WHEREAS, the adoption of this ordinance is in the best interest of the City of Sunny Isles Beach residents and will preserve the health, safety and welfare of the City residents. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct '.md are made a specific part by this ordinance upon adoption hereof. Section 2. Adoption of Nuisance Ordinance. Chapter 194 entitled "Nuisance" is hereby created as follows: NUISANCE 194-1. Public Nuisance Declared. Whatever annoys, injures, or endangers the safety, health, comfort or repose of the public; interferes with or destroys or renders dangerous any street, highway, allows accumulation of junk or obnoxious matters on private property; or in any way renders the public insecure in life or property is hereby declared to be a public nuisance. Public nuisances shall include, but not be limited to, whatever is forbidden by any provision of this Chapter and the common and statute law of this state. This chapter is hereby declared remedial and essential to the public interest and shall be liberally construed to accomplish its intended purpose. U:ILEGISTLA TIONIDratt Ordinanccsl20071Creating Chapter 194. I'uhlle Nuisance 030207.doc 194-2. Definitions. For purposes of this chapter a "public nuisance" shall be defined as any of the following: A. Abandoned or Dangerous Buildings. (1) The owner of any dangerous building who fails to comply with any notice or order to repair, vacate or demolish said building given by any person authorized under this Code to give such notice or order shall be guilty of a violation of this Chapter. (2) The occupant or lessee in possession who fails to comply with any notice to vacate or who fails to repair said building in accordance with any notice given, as provided for in this Chapter, shall be guilty of a violation of this Chapter. B. Abandoned Iceboxes, Refrigerators, Etc. Any person who knowingly leaves, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container of a kind and size sufficient to permit the entrapment and suffocation of a child therein, without first removing the snap lock or other locking device from the lid or cover thereof, is guilty of a misdemeanor. C. Dangerous Structures. Any structure which is unsafe or which is a menace to the health, morals or safety of the public. (1) Emergency Abatement. The Building Official shall have the power to abate any dangerous structure or building if the public safety shall require immediate action due to a distinct hazard to life or property. (2) Cost for Abatement. The cost of abating such public nuisance shall be charged against the owner or occupant of the premises and payment thereof shall be enforced through special assessment as provided in the City Code. D. Continuous Noise. The making of any continuous loud, unnecessary and unlawful noise as defined by Chapter 193 of this Code. 194-3. Exercise of Police Power. It is deemed by the City Commission of the City of Sunny Isles Beach, Florida, that this Chapter is necessary and a lawful exercise of the police power of the County for the protection of the public health, welfare, and safety of the City residents. 194-4. Enforcement; Penalties. Violators ofthis ordinance shall be subject to the penalties prescribed in Chapter 14 of the City's Code of Ordinances, providing for a maximum fine of $500 for each single violation and up to $500 per day for each continuing or repetitive violation, or may be subject to imprisonment of 2 U:\LEGISTLA TION\Draft Ordinances\2007\Creating Chapter 194, Public Nuisance 030207.doc not more than sixty (60) days. The City's Code Enforcement Department shall be responsible for enforcing this Chapter. The Police Department may also enforce this Chapter. The provisions discussed herein shall also be enforceable through injunctive relief as a means of protecting the public's interest through the exercise ofthe City of Sunny Isles Beach's police power, and through any other means available at law. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, 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 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the Code of the City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on First Reading the I~day of rY)AA~H--, 2007. PASSED and ADOPTED on Second Reading this I q"""day of ffit'\\ L- ,2007. . ) " ATTEST.::., f _ -'K~""/V~ ~. . 'fu~~, CM~, City Clerk '...... ~ r. " ~. /". ...' .' ., 1).. ~.... " . .: J ~ .. . '~.' . APPROVED AS TO FORM AND G ICIENCY 3 U:\LEGISTLATlON\Draft Ordinances\2007\Creating Chapter 194, Public Nuisance 030207.doc VOTE AS FOLLOWS: 4-0-\ Mayor Edelcup ( L1ses Vice Mayor Thaler C!3 yes Commissioner Brezin AJ _ ~ yes Commissioner Goodmanfip;Mj yes Commissioner Iglesias (0 yes Moved by: VI Ct VY\~f\~ T~.hYL~ Second by: c.o~\..~ S~ \) Y\)cve ~ R ~ 2} N' ~no ~no ~no ~no ~no 4 U:\LEGISTLA TION\Draft Ordinances\2007\Creating Chapter 194, Public Nuisance 030207.doc 0 ~ CI> 'tl al 111 Ul C w N ...J M !Q > >- ~ Z ~ Z ::I c: Ul CI> u.. ~ 0 Ul >- a:: I- al U z Qi c: 0 N Qi Q; Ol C E ~ '" 0 '" ll. li z (/) C C t 0 'C Q) U u .!!1 > (/) TI Q) Q) () <( (f) Cl ... ... 0 0 It) It) a> a> ... ... 0 ~ ... ... en ,... ,... ,... ,... X ,... ,... M al ~ .J:l E :ri :J Qi z .J:l a. E c: >. 0 I- :J t (5 z Q) Qi 'tl (/) N (5 <( E en U ~ - is w ~ .~ ~ .~ ~ W ,.c re> 32 ~ as 1: 1i' 0. ~ "" ,..- 8 "" a ,., ~ :i m ~ =: 0 0. ~ :; '" ~ " i: 0 .. '0 i: ii. w " ~ ?- m ,., . ~ ~ ,., 'd :i ~ .5 C ~ .; i' '" C ~ > m > <l: j; .~ ~ '" m . ~ 0 c ,., . E ~ 0 >- .,; m 1; u '6 .5 m '" . '" '" :i ~ '" ~ c 0 '" ~ " ~ :ii m '" I- .5 '" ~~ oi Oii N1l Ci3~ eJ1 Vg O-ll .:; m Qi .~ _-'! mg C~ S::1l O~ ._ e -'" m.!! ug .-Gi ::C~ :::::lw a..~ CALENDAR DATES . April 19: Secondary early release day . May 28: Memorial Day. no school . May 31: Teacher planning day . June 1: Teacher planning day Schools may have to deviate from this published menu. Check with your schooL . Monday: Meatballs with rice, mini-corn on cob, chilled peaches. Alternates: Smoked turkey Caesar wrap, yogurt and string cheese fruit platter, chilled fruit juice blend, fresh baby carrots with dressing. . Tuesday: Oven-grilled cheese sandwich. assorted fresh fruit, hash brown sticks. Alternates: Chicken nuggets, ON THE MENU Here is what Miami-Dade County schools will be serving for the week of April 9. CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARING EDUCATION assorted premium salads, sliced carrots, cubed tomato and lettuce salad. . Wednesday: Deli-style ham and cheese sandwich, chilled apple juice. chilled pineapple. Alternate: 'Smuck- er's PB&J & String Cheese Meal Break. . Thursday: Oven-baked fIsh nuggets, mashed potatoes, green beans. Alternates: Tur- key and gravy, assorted deli- style sandwiches, assorted NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the Sunny Isles Beach Government Center. David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach. Florida. on Thursday, April 19, 2007, at 7:30 p.m., to consider final adoption of the following proposed Ordinances: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA. CREATING A NEW CHAPTER ENTITLED "NUISANCE" TO ESTABLISH GUIDELINES TO REGULATE VARIOUS TYPES OF PUBLIC NUISANCE WITHIN THE CITY'S JURISDICTION; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 193 OF THE SUNNY ISLES BEACH CODE OF ORDINANCES ENTITLED "NOISE" BY ESTABLISHING REGULATIONS RELATING TO VARIOUS TYPES OF NOISE; PROVIDING FOR REPEAL. SEVERABILITY. CODIFICATION AND AN EFFECTIVE DATE. Inquiries regarding these items may be directed to the City Clerk at 305-947-0606. Copies of these documents are available for public inspection during normal business hours in City Hall. Jane A. Hines, CMC, City Clerk All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Clerk, City of Sunny Isles Beach. t8070 Collins Avenue. Sunny isles Beach, Florida. 33160. Any person wishing to address the City Commission at a public hearing is asked to re9ister with the City Clerk by completing a public speakers' card prior to the item being heard. The hearings on these matters may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act. all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the C~y Manager at 305-947-0606, no later than 48 hours prior to the proceedings; if hearing impaired, please teiephone the TIY iine at 305-792-1590 for assistance. fresh fruit. chilled fruit juice blend. Caesar salad. . Friday: French bread pizza, chilled apple juice, broccoli florets. Alternates: Chicken tenders, tuna salad sandwich on a multigrain bun, mixed vegetable salad with 'lite' dressing. SCHOOLS CALENDAR Allison Academy: 1881 NE 164th St., North Miami Beach. 305-940.3922: . Listed among the top 10 pri. vate schools in Florida Monthly, the school offers enrollment for sixth through 12th grade. . Electives include guitar, piano and photography. . Extracurricular activities include tennis, basketball, cheer. leading, student government and National Honor Society. Aventura City of Excellence School: 3333 NE 188th St., Aven. tura.305-466-1499: . Mind Lab for third graders starts April 10. . Field trip to Fairchild Gardens and a small group parent work. shop at 8:30 a.m. April 1l . Seventh grade field trip to the Keys is April 12.13. . Deadline for fourth, fifth and middle school grades to sign up for junior varsity tennis is April 13. . Dress Down Doilar Day is April 13. Beth Torah-Benny Rok Campus: 20350 NE 26th Ave., Northeast Miami.Dade. 305.932-2829: . The school is accepting regis- tration for the 2007.2008 school year. . Programs available for infants 6 weeks old through preschool. . For more information, call Anne Mandelbaum, early child. hood education director. at 305-932-2829. . Mommy & Me and Music Together Classes offered. Blscayne Academy: 2785 NE 183rd St., Aventura. 305-932.8994: . McKay Scholarships accepted. . Enrollment is available for all grades. . The school specializes in spe- cial education programs for kin- dergarten through 12th grade. . Multidisciplinary program offered for all diagnoses, with psychological, behavioral and physical medicine specialties available. Blscayne Elementary: 800 77th St, Miami Beach. 305.868-7727: . The school offers various activities, including after-school child care, ballet, cardio.defense, computers, French, guitar, hip- hop, judo, tutoring, belly dancing and yoga. . Call the school for times and pricing. . Free English for Speakers of Other Languages/INGLES classes and child care/tutoring are offered from 6 to 9 p.m. Mon- days and Thursdays. . The Family Literacy program is operated by Biscayne's certified teachers. Flenberg-Flsher Elementary: 1420 Washington Ave., Miami Beach. 305-531.0419: . Student dismissal wi I! be at 11:45 a.m. and parent conferences will be 12:15 to 3:20 p.m. and 4:30 to 8 p.rn. April 11. . To schedule a conference, call the school and ask for Angelica Aguilar. . Family Fun Day is April 14. Fisher Island Day School: 2 Fisher Island Dr., Fisher Island. 305-531.2350: . The student.teacher ratio is six to one. . Spanish, Mandarin, computers, organic meals, tutoring, after. school activities and summer camp offered. . Applications for 2007 for ages 2 through fourth grade currently accepted. . For more information, contact Lynne Allen, head of school, at 305.531.2350 or lallen@fids.org. Florida International Academy: 7630 Biscayne Blvd., Miami. 305-758-6912: . After-school activities are offered until 6 p.m. daily. Fulford Christian School: 1900 NE 164th St., North Miami Beach. 305-947-9266: . The schoo! offers programs for infants through fifth graders. . Hours are 8:30 a.m. to 2:30 p.m. for elementary and 7 a.m. to 6 p.m. for infants through pre-k. . The school features small classes, advanced curriculum, computer programs, music, cha- pel, garden science and field trips. . Enrollment is limited. TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue 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 Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Robert Solera, Community Development Director ~?uJ~ Priscilla Walker, CMC, Deputy City Clerk April 26, 2007 Ordinance Creating "Nuisance" Guidelines and Types At its regular meeting of April 19, 2007, the City Commission adopted Ordinance No. 2007- 282, which created a chapter of the Code entitled "Nuisance". Attached is a copy of the approving legislation for your files. Thank you. :pw Attachments cc: Elena Del Campillo, Planning and Zoning Technician Helena Forbes, Acting Assistant Director of Code Enforcement & Licensing Nuisance Types Chapter Added To Code Memo