Loading...
HomeMy WebLinkAboutOrdinance 2007-294 ORDINANCE NO. 2007 - ~ AN ORDINANCE OF THE CITY OF THE SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-63.3. OF THE CITY CODE RELATING TO THE INSTALLATION OF CONSTRUCTION FENCING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 265-63.3. of the City of Sunny Isles Beach, Florida (the "City") Code provides for the installation of temporary and demolition fencing during construction; and WHEREAS, Section 265-63.3. specifies the types of permitted fences that may be installed following temporary construction; and WHEREAS, Section 265-63.3.B.(1)(g) currently provides that chain link fences with canvas or similar material are permitted if the property owner or their agent has obtained a demolition permit from the City; and WHEREAS, Section 265-63.3.B.(1)(g) further provides that such chain link fences shall be permitted to be utilized as a demolition permit for a period of no longer than two months or until the expiration of the demolition permit, whichever occurs first; and WHEREAS, Section 265-63.3. should be amended to require the installation and permitting of a construction fence immediately upon the removal of the temporary demolition fence; and WHEREAS, the City Commission finds that the provisions of this Ordinance, which amends Section 265-63.3. of the City Code, will serve the health, safety and welfare of the City's residents. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Section 265-63.3 of the City Code, pertaining to construction fencing, is hereby amended as follows: ~ 265-63.3. Construction fencing. B. Permitted fences. (1) Except on the east side of Collins Avenue, the following temporary construction fences are permitted in all the zoning districts: Ordinance amending Section 265-63.3, of the City Code - I - (g) Chain-link fences with canvas (or similar material) are permitted if the property owner or agent has obtained a demolition permit from the Building Department. The chain-link fence shall be permitted to be utilized as a demolition fence for a period of no longer than two months or until expiration of the demolition permit, whichever occurs first. However, such demolition fence shall not be removed until the installation of a permitted construction fence, as defined in this Section. The permitted construction fence shall be installed immediately upon removal of the temporary demolition fence. At no time shall the parcel remain without a protective barrier. Any person or entity found to be in violation of this subsection shall be subiect to a fine of $500.00 (Five Hundred Dollars) per day. Section 2. 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, clause, 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 3. 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 4. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading this 15th day of November, 2007. PASSED AND ADOPTED on second reading this I~+hday of .~~em.b-2007 Ordinance amending Section 265-63.3, of the City Code - 2 - ,,' , ..< ATTEST:, '. Ii. cl. ~. 0 . :.;.",~'.'~ 'Jane A. Hines/CMC, City Clerk ."," '.. ..... ~...- ~.,. ". . . Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl Moved by: ~ C ~ vY\ 11 YO R!tiI4t-W. Seconded by: C~ GOOOt1\ ~ k:::(Y es) ----0Y es) 7(y es) ;::{Y es) (Yes) _(No) _(No) _(No) _(No) _(No) Ordinance amending Section 265-633, of the City Code - 3 - u <I: G> W "C III III III C W 0 ....I V !!! ~ >- z E z :J ~ 'E III G> > u. <I: 0 III ~ r:t: III (3 Z Qj c: 0 !:::! Qj Q) Ol C E Q; '" .2 '" 11. Z CIl C: 0.. C 'E 0 .5 Q) U .!!1 > CIl U '0 Q) Q) <I: UJ 0 .... .... 0 0 .., .., N N N N ll) ~ a> a> .,; a> a> a> a> X .... .... .., III ~ .0 E Q; :J Qj Z .0 0- E c: >. 0 I- :::J 'E 0 z Q) Qj '0 CIl N "5 <( E en u #0 ...... e w ~ .s ~ .."",. a; W ~ Ie) 40 E <3 ~ :;<: 8 N- '" ffi c: ro ~ it ~ ~ 0 '" e- O>' ~ "" 0. '" e z 6 ~ '0 9 ~ '" m ffi '" :z: ~ E '" '" ~ E .5 w 6 i!: .; ... (; 6 ~ ~ m '~ > z 1ii l > .~ ti " ~ m 1; :x: m .~ ~ '0 i' c: '" ~ > <: ~ 0 >- ,; m 1; u '0 E m g> 0. " c: ~ ~ " m ;; c: 0 " ;; ~ :x: 'E ~ :i ~ l- E " r--~ 08- Oii" Nog _ m N:: 0.1: -";; Ng ",,"-1l .;; m Qi .~ _.2 n:sg C~ S::1l O~ -- e: _0. n:s .~ ug --Gi :C~ ::SW D.~ check-In starts at 6:30am race starts at 8am at.theMAR-JCC COURSE::. 51{ (3.1 mYos) USATf~Ied<:oor$f! CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARING 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, December 13, 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, AMENDING SECTION 235-3 OF THE CITY CODE RELATING TO STORMWATER UTILITY FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. ON ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEAC~' FLORIDA, AMENDING SECTION 265-63.3. OF THE CiTY CODE RELATING TO THE INSTALLATION OF CONSTRUCTION FENCING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Inquiries regarding these items may be directed to the City Clerk at 305-792-1703. A copy of this document is 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 clo the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. Any person wishing to address the City Commission at a public hearing is asked to reg- ister with the City Clerk by compieting 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 oth- erwise 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 City Manager at 305-947-0606, no later than 48 hours prior to the proceedings; if hearing impaired, please teiephone the m line at 305-792-1590 for assistance. NEIGHBORS CALENDAR .CALENDAR, FROM 38 sons in tile making, raku, mosaics, sculpting and wheel throwing. Caters to spedal needs groups, Scouts and the facility is available for special events; Class meets once a week at various times; 8873 SW 129th St., Miami; $120 for six weeks, includes materials. 305.233.2404 or ceramicleaguemiami.org. The Flying Trapeze School: Classes for beginners and "frequent fliers" are available. All attendees are encouraged to Try N' Fly; 7-9 p.m. Wednesday and Thursday, 3.5 p.m. and 6-8 p.m. Saturday and Sunday; Bayfront Park, 305 Biscayne Blvd., Miami; $40 each class; $10 for Try N' Fly. 786-239-8775 or thefiyin9tra peze.net Growing Herbs In South Florida: Carolyne Coppola, owner of the Redland Herb Farm, shares her tech. niques for nurturing healthy herbs in the ground, in containers and in raised beds. The two.day course includes a field trip, an herb menu breakfast, workshop and tour of the farmhouse. Potted herb plants and soils available for sale during the class and at the farm; workshop 10:30 a.m.-12:30 p.m. Dec.6, field trip 9:30 a.m..noon Dec. 8; Fairchild Tropical Botanic Garden, 10901 Old Cutler Rd., Coral Gables; $55. 305-667-1651. ext. 3322, Homeschoolers of Miami Enrlch~ ment: Children who are home schooled can participate in art, music, literature, yoga and creative writing classes: 8:30 a.m.-2:30 p.m. Tuesdays; Miami Shores Baptist Church, 370 Grand Concourse, Miami Shores; $5.$15. 305-298-4673 Karate: For adults and children; 6:30.8:30 p.m. Monday, Wednesday and Thursday: Athalie Range Park. 525 NW 62nd St., Miami; free. 305-757-7961. Miami Art League: Painting classes with Joe Davoli are offered; 9:30 a.m.-noon Tuesdays and Thursdays; 9709 NE Second Ave., Miami Shores. For more information, including prices, call 305. 757-316l. Personal Safety Protection Classes: Self defense for women, seniors and men; 9-10:30 a.m. Monday, Wednes- day and Friday: Miami Okinawan Goju Ryu Bujutsukan, 9357 SW 56th St., Kendall; $10 per class. 305-274-1669 or 305-431-2545. Read2Succeed Tutoring Services: Read2Succeed, Inc. offers tutoring services in various subjects, includ- ing reading and math, for students in kindergarten through fifth grades. Tutors include three Miami-Dade County-certified teachers and a nationally certified FCA T strategist: Call for appointments: free. 305-969-7440 or send an e-mail to r2succeed2@hotmail.com: . Gold Coast Railroad Museum, 12450 SW 152nd St., Miami; . Read2Succeed, Inc., 13205 SW 137th Ave., West Kendall. Sport Karate. Self Defense and Klck~ boxing Class: Participants can learn sparring, grappling, hand-to-hand and weapons defense; 6:30-8 p.m. Mondays, Wednesdays and Thurs- days; Temple Menorah, 620 75th St., Miami Beach; $10 per class, $99 for three months. 305-494-5546. Many in net worth over. have been sent literature that promises big cash payments or free life insurance. Don't enter into ANY "Free Ufe Insurance" offers until you read our free report detailing the strengths and weaknesses of these offers. As your parents taught you: "There Are No Free lunches." If you've been approached with this offer, do you know if it's trustworthy? Do you know if it's right for you? ~~~ ~f~h~a~~::~~jlg;~jl~:~~ a~~ s~a;s~~~:.~reat benefjt. For the first time. our FREE REPORT is available to you to read in the privacy of your home. Learn the "ins and outs" of these oHerin s. Don't make a move until you've read this report. Call 1.800.657.1650 or 561-997-5729 - 24 hours a day - to obtain your free copy. There is no obligation and no one on the phone to hassle you. To: Via: From: Date: Re: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City CommissiOl Norman S. Edelcup, Mayo Lewis J. Thaler" Vice Mayo. Roslyn Brezin Commissione Gerry Goodman Commissione. Danny Iglesias, Commissione, (305) 947-0606 City Hall (305) 792-1565 Fax (305) 947-2150 Building Department A. John Szerlag, City Managei Hans Ottinot, City AI/orne) Jane A. Hines, City CIeri MEMORANDUM Honorable Mayor and City Commission A. John Szerlag, City Manager Jorge L. Vera, Assistant City Manager/ Service DiViSion<< November 15,2007 Temporary Construction Fence RECOMMENDATION This ordinance is presented for your consideration. REASONS Currently Section 265-63.3 provides that a temporary chain link fence be installed along the perimeter of the property while a building is being demolished. What is occurring is that once the building is demolished, the temporary fence is removed and the property remains accessible to the public while the owner provides for a temporary construction fence. This period of time that the property is not secured creates a health and hazardous condition to the public. This ordinance amends the previous temporary fence ordinance requiring the owner of the property to provide a construction fence immediately upon the removal of the temporary demolition fence. At no time shall a the property remain unsecured or accessible to the general public. Date ClC. I d-.~I ~-o 1 Agenda Item 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 George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Clay Parker, Building Official! Administrator Robert Solera, Community Development Director Priscilla Walker, CMC, Deputy City Cler;t?t.D~ December 18,2007 Construction Fencing Ordinance At its regular meeting of December 13, 2007, the City Commission adopted Ordinance No. 2007-294, which amended the section of the code pertaining to installation of construction fencing. Attached is a copy of the approving legislation for your files. Thank you. :pw Attachment Stormwater Utility Fee Increase Memo