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Home My WebLink AboutOrdinance 2008-313 ORDINANCE NO. 2008--313 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTIONS 14-8 AND 14-10 OF THE CITY CODE RELATING TO THE IMPOSITION AND COLLECTION OF CIVIL PENALTIES IN CODE ENFORCEMENT CASES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has the authority to amend its code provISIOns pursuant to Section C-4.3 of the City Charter; and WHEREAS, the City Commission wishes to amend Section 14-8 paragraph "H" of the Code of the City of Sunny Isles Beach to clarify that civil penalties assessed by the Special Master shall become delinquent if not paid within 10 (ten) days after notice to the violator of the Special Master's decision itemizing the civil penalties; and WHEREAS, the City Commission wishes to amend Section 14-10 paragraphs "M" and "0" of the City Code to affirm the City's intent to recover its administrative costs in the amount of $75, and limit any mitigation of civil penalties assessed to no less than 50% of the total amount of civil penalty. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 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 speci fic part by this Ordinance upon adoption hereof. Section 2. follows: Amendment. Sections 14-8 and 14-10 of the City Code are amended to read as ~ 14-8. Civil penalties; continued and repeat violations. H. Civil penalties assessed pursuant to this chapter by the Special Master are due and payable to the City at the close of the hearing and shall become delinquent if not paid within 10 (ten) days after notice to the violator of the Special Master's decision itemizing the civil penalties. er,-i.f If a proper appeal of the Special Master's decision is made, the civil penalties assessed pursuant to this chapter by the Special Master are due and payable to the City when the appeal has been finally decided adversely against the named violator. Words added underlined, words stfWkeI1 deleted (ed) Page I of4 ~ 14-10. Scheduling and conduct of hearing. M. If the named violator is found guilty of the violation, s/he shall be held liable for the reasonable cost of the administrative hearing cost, at the discretion of the Special Master, of no less than $75. N. The fact finding determination of the Special Master shall be limited to whether or not the violation alleged occurred, and, if so, whether the person named in the civil violation notice may be held responsible for that violation. Based upon this fact finding determination, the Special Master shall either affirm or reverse the decision of the Code Enforcement Officer. If the Special Master reverses the decision of the Code Enforcement Officer and finds the named violator not responsible for the Code violation in the alleged civil violation notice because the department did not present substantial competent evidence to indicate that such violator is responsible for the violation, then, and in that case, the named violator shall not be liable for the payment of any civil penalty, absent reversal of the Special Master's findings pursuant to any circuit court appeals. O. The decision of the Special Master affirming the decision of the Code Enforcement Officer shall include the following elements: (1) Amount of civil penalty. (a) Prescribed in the schedulea of civil penalties as adopted herein. (b) Gravity of the violation. (c) Actions taken to correct said violation. (d) Any previous violations committed by the violator of a similar nature. (e) The Special Master may reduce the fine amount imposed. mitigate the amount of civil penalties assessed in an amount up to but not in excess of fifty percent (50%) of the total amount of civil penalty, not including administrative costs. Provided however, in no case shall mitigation occur prior to satisfactory correction of the violation or other permanent disposition of the building or property that obviates the need for correction. The administrative costs of the hearing shall not be subiect to mitigation at any time. (2) Administrative costs of the hearing, which shall represent the costs incurred by the City in preparation for the specific hearing, shall be no less than $75. (3) Date by which the violation must be corrected to prevent resumption of continuing violation penalties, if any. Words added underlined, words stfWkeI1 deleted (ed) Page 2 of 4 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, 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 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 1(., +J., day of Oc:..~o&E:iO\ 2008. PASSED and ADOPTED on second reading the , 8.J.ltday of NO\)f.Mg~2008. ATTEST: ~\AL Jane A. Hines, CMC, City Clerk Words added underlined, words stFi€keH deleted (ed) Page 3 of 4 Vote: S-b Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl Words added underlined. words stfi6keH deleted (ed) Moved by: c1~.A $:CHbLL , Seconded by: \flU. YY\~oyl\-\~tp~ V(Yes) ~(Yes) V (Yes) --v(Yes) ~(Y es) Page 4 of4 _(No) _(No) (No) _(No) (No) u c:( W ell llJ 'C (/) t\l C W c;; ...I !!! ~ >- t\l Z .. Z :::l ::J C (/) ell u.. ~ 0 (/) ~ D:: llJ i3 z ili c: 0 N ili (j; Cl C E ~ III III 0.. .9 Z Ul <: a. 1: t 0 .5 Q) U .91 > Ul 'C Q) Q) u c:( en Cl .... .... 0 0 N N N N 0 0 II) ~ M M &ri "" "" N N X co co N llJ Q; .0 E ~ :::l ili z .0 a. E c: ~ 0 :J t 0 z Q) ili "0 Ul N 0 c:( 1: (jj t) e #Q - e w ::R . ".,.. ~ il w ..J:: ~ ~ c 8 ~ ~ = o a. !; ~ o '0 e- o i;' ~ '" ~ . .5 (; .,; '" (; ~ o Z 1ii ~ " o 1ii o ~ (; ~ '" ~ ~ o >- .,; ~ '6 .5 o '" . a. " Ii ~ " o ;; c o " 1! o '" E ~ ~ o ~ .... .5 " ClO~ O~ Og. Ni a;~ 0.11 -';; "Il""" g "Il"""-8 " o Q)~ _.2 n3g c; Cil O~ ._ 2 _ a. n3.!! ug .-Gi :C~ ~UJ a..~ CITY OF SUNNY ISLES BEACH NOTICE OF CITY COMMISSION WORKSHOP NOTICE IS HEREBY GIVEN that a Workshop will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the Sunny Isles Beach Government Center, 4th Floor Conference Room, 18070 Collins Avenue, Sunny Isles Beach, on Friday, November 14, 2008, at 10:00 a.m. for questions that the Commission may have concerning the November 18, 2008 Regular City Commission meeting. All persons are invited to attend and observe this public workshop meeting. Inquiries may be directed to the City Clerk's Office at 305-792-1703. Jane A. Hines, CMC, City Clerk 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 4B hours prior to the proceedings; if hearing impaired. please telephone the TTY line at 305-792-1590 for assistance. fa CITY OF SUNNY ISLES BEACH t~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the City of Sunny Isles Beach, Rorida, will hold a public hearing in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 1 8070 Collins Avenue. Sunny Isles Beach, Rorida, on Tuesday, November t8, 2008, at 6:30 p.m., to consider final adoption of the following proposed Ordinanc s: ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES 8EACH, FLORIOA, AMENDING SECTiONS 14.8 AND 14.10 OF THE CITY CODE RELATING TO THE IMPOSITION AND COLLECTION OF CMl PENAlTIES IN COOE ENFORCEMENT CASES; PROViDING FOR REPEAlER: PROVIDING FOR SEVERABIUTY: PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE OATE. OROINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES 8EACH, FlORIOA, AMENOING SECTION 62.8 OF THE CITY COOE TO PROVIDE AODmONAL GROUNOS FOR THE SELECTION OF THE lOWEST RESPONSIBLE AND RESPONSIVE BIOOER: PROVIDING FOR REPEAlER; PROVIDING FOR SEVERABIUTY: PROVIDING FOR INCLUSION IN THE COOE; PROVIDING FOR AN EFFECTIVE DATE. Inquiries regarding these items may be directed to the City Clerk at 305.792.1703. A copy of these documents are available for publiC inspection during normal business hours in City Hall. Jane A. Hines, CMC, City Cieri< All persons are Invited to appear at this meeting or be represented by an agent, or to express their views in Wliting addressed to the City Commission c/o the City CIeri<, CIty 01 SUnny ~Ies Beach, 1 B070 Collins Avenue, SUMY Isles Beach, Florida, 33160. Any person wishing to address the City Commission at a public hearing Is asked to register with the City Clerk by completing a public speakers' card pr1orto the Item being heard. The hearing on these matters may be contiooed at this meeting and under su.::h circumstances, acklitlonallegal notice would not be provided, " a persCl1 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 pu-pose, may need to ensure that a verbaUm record 01 the proceedings Is made, which record indudes the testimony and evidence upon which the appeal is to be based, This notice does not COllStitute consent by the City for introduction or admissiCl1 of otherwise inadmissible or irrelevant evidence, nor does it authatze challenges or appeals not otherwise allowed by law, " accorllance with the Americans with Oisabllrtles Act, all persons who are d~a~ed and vmo need special accommoctatioos to participate In this meeting because of that disability should coo1act the CIty Manager at 305-947.0606, no iaterthan 48 hotn I"Ior to the proceedings; rt hmng impalre<!. please telephone the m line al 305.792.1590 for assistance, 9 CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARINGS '" o l<: 0; ffi co ~ > o z >. .. '" z ~ NOTICE IS HEREBY GJVEN Itlat I public hearing wiil be Ileld by the City CommiSSion of the Cityo1 Sunny Isles BeatIl, Florida, in the Commission Chambers, S\.IV1y Isles Beacll Government Cenler, 18010 CoRins AV&IlUe, Sunny ISles Beacll, Florida on Tuesday, Nonmber 11, 2008 at 1:30 p,m.. to consider l1lllIoRDWing ZonIllQapplications: .... R.K.lndAssoclatn location: 16830 Collins AYIIlue PubUcHearlngl: 22008-07 Summary: The Appllcanlls seeking SIte plan approval tor tile construction of a new commerciaVretaq building. Tile Applicant Intends tI demolisllltle eldsting bunding Ind construct a new one.storybuilding witll a total 01 6,000 squareleel 1. Pursuant 10 Section 265.18 01 till City aI SUnny Isles Bellt/lland Development Regulations, the AppIlc8ntls fequesq site plan apprllYal tor tile construction of a new commertlal retail building witllln the Town Center District. Plans are on lile and may be examined In the Planning and Zoning Department for "Proposed One Story Bulding." conslstillQ tit 2 s/leelS. Plans may be modified atpubllchwin\l. Lepl: 9 .. ffi % i: I~ !~ A PARCEl OF LAND IN GOVERNMENT LOT 5 IN FRACTIONAl. stcnON 11, TOWNSHIP 52 SOUTH, RANGE "2 EAST, t.lAMl.OAOE COUNTY FLORIDA. BEING MORE PAAT1aJlARl.Y DESCftlBEO AS FOllOWS: COMMENCE AT THE NORTHEAST COONER OF TRACT "A" OF R.K. COMMERCIAl CENTtR SOUTH, ACCORDING TO nE PlAT THEREOF, AS RfCOflOED IN PlAT BOOK 148 AT PAGE 72 OF THE PUBUC RECORDS OF MIAMI.OADE COUNTY, FlORIOA, TIif FOlLOWING FOUR (4) COURSES BEING AlONG THE WEST RIGHT.OF-WAY LINE OF STATE ROAD A-l-A PER STATE ROAD DEPARTMENT RIGHT.Of.WAY MAP SECTION 87170.2517; (11 THENCE SOUTH 01"32' 56" WEST FOR 295.96 FEET; (2) THENCE SOl.ITM 02" 51' 03. WEST FOR S.s1 FEET TO THE POINT OF BEGINNING Of THE HEREINAFTER DESCRIBED PAACEl OF LAND. M PfI~OOS TWO COURSt:S BEING AlONG THE EASTERlY EXTERIOR BOUNDARY UNE OF SAID TRACT "A"; (3) THENCE DEPARTING SAID EASTERlY EXTERIOR BOUNDARY UNE CONnNUE SOlITH 02" 51' OJ"WEST FOR 151.11 FEEl; (4} THENCE SOUTH 85"54' 46" WEST FOR 2.76 FEEl TO A POINT ON SAID EASTERLY EXTERIOR BOUNDARY LINE OF TRACT "A., THE FOllOWING THREE (3) COURSES BEING ALONG SAID EASTERLY EXTeRIOR BOUNDARY UNE OF TRACT "A.; (lITHENCf CONTINUE SOUTH 85"54'46" WEST FOR 148.34 FEET; (2) THENCE NORTH 02"51'03. EAST AlONG A lINE PARAl.l.El WITH SAID WEST RlGt{f-OF.WAY UNE OF STATE ROAOA-l.A FOR 151.11 FEEl; (3) THENCE NORTH 85"54'46" EAST FOR 151.11 FEET TO mE POINT OF BEGINNING. ADDRESS: 16830 CollinsAvenue Size of Property: 0.5 ACRES lone: Neigllbortlood Business (8-1) B. Jeny's Famous Den loc.tlon: 17190 Collins Avenua Public Hearlng.: Z2008-08 Summary: Tile AJlplicant is requesting conditiOnal use approval to sell beer, wine and spil1ls wItt1ln I grocery marktl The Applicant Is also requesting ItIat it be permitted to sd spirits tor off-premise consumption under tile grocery store exception relating kl the dIs1ance requirements for alcoholic beverage establishmenls. 1. Pursuanltoseclion26S-13cttlleCityctSunnylslesBeadllandDeveklpmenlRegulations,the~llsreQuestingcondIbon1l1useappr(Waland permlssionlose.beer,w~,and5piritsunderlhegroceryrtorttxceptionunlSerSection98'SlDlolltlI!CityCode. Plans are on file and may be examirled In the Planning and Zoning Department tor "Epicure Markel Inlerior RenllY ation.consistingol1slleel,andl.lQuorSooty consisting 01 1 sheet. Plans maybe modified at public hearinll. Leg.l: Parul2 lOTS 1, 2, 3, ",AND 5, SOUTH SHORE ESTATES, ACCORDING TO THE PlAT THEREOF, RECORDED'" PlAT BOOK 52, PAGE 69, OF nt: PUBLIC RECORDS Of MIAMI-DADE COUNTY, flORIDA; AND THAT PORTION Of TME NORTH 100 FEET Of THE SOUTH 300 FEET Of lOT 2, OF TATUM'S OC[AN PARK COMPANY'S SlIBOMSIOM,ACCOROING TO THE PlAT 'fMEREOF, AS RECORDED IN PlAT BOOK 10, PAGE 64, IN THE P\JBI..IC RECORDS OF MIAMI-DADE COUNTY, FlORIOA.lYIHG WEST OFTHE WESTERLY RIGHT-OF-WAY lINE OF flORIDA STATE ROAD AlA. MORE PARnctJlARlY DESCRIBED IS FOUOWS: BEGINNING AT TtE IHTERSECOON OF THE NOR'fM UNE Of THE NORTH 100 FEET OF THE SOllTH 300 FEEl OF lOT 2, OF TAnlM'S OCEAN PARK COMPANY'S SUBDMSlON,ACCORDING TO THE PlAT THEREOF, AS RECOROED IN PlAT BOOK 10, PAGe 54,IN 11iE PlJBUC RECORDS OF MIAMI-DADE COUNT'( flORIDA. WITH THE WESTIRlY RIGt{f.Of.WAY LINE OF flORIDA STATE ROAD AlA, IS SHOWM BY PlAT RECORDED IN PlAT BOOK 47, PAGE 101, OFTHE PUBlIC RECORDS OF MIAMI-DADE COUNTY, R.ORIOA, SAID POINT BEING THE SOllTlGSTERlY CORNER OF lOT 1, OF THE SUBDMSION Of SOIJTH SHORE ESTATES, AS RECORDED IN PlAT BOOK 52, PAGE 69, IN THE PlJ9lIC RECORDS OF MIAMI-DADE COUNTY, flORIDA; THENCE WEST AlONG THE NORTH lINE OF lHE NORTH 100 FEET Of THE SOUTH 300 FEET OF LOT 2 OF THE AFORESAD TATUM'S OCEAN PARK COMPANY'S SUBDMSION, FORA DISTANCE. OF 402.15 FEET TO THE SOUTHWEST CORNER OF lOT 3 Of SAID SOUTH SHORE ESTATES SUBOMSION, MilCH POINT IS THE roNT OF BEGINNING; THENCE. CONTINUE WEST AlONG THE NORTl1 LINE OF M NORTH 100 FEET OFTKE SOU'fM 300 FEET OF LOT 2 OF TliE AFORESAID TATUM'S OCEAN PARK COMPANY'S SUBDMSION, FOR A DISTANCE OF 200 FEET TO A POINT, WHIDt POINT IS THE SOUTHWEST CORNER Of LOT 5 OF SAID SClIJT)l SHORE ESTATES SUBDVISlON; THENCE SOUTH AlONG THE PROLONIiATlON SClIJT)l OF THE lINE OMDING LOTS 5 AND 6 OF SAID SOIJTH SHORE ESTATES SU8DMSION FOfI A DISTANCE OF 100 FEET TO A POINT ON THE SOUTH LINE Of TI-( NORTH 100 FEEl Of THE SOIJtM 300 FEET OF LOT 2 OF SAID TATUM'S OCEAN PARK COMPANY'S 5UBOMSlON, EAST AlONG THE SOUTH LINE OF THE NORTH 100 FEEl OF THE SOUTH 300 FEET Of LOT 2 OF THE AFORESAID TATUM'S OCEAN PARK COMPANr5 SUBDIIIISION, FOR A DISTANCE OF 2(10 FEET TO A POINT, WtlOt POINT IS 392.28 FEET wrST Of THE WESTERlY RlGHT.OF.WAY OF THE AFORESAID FLORIDA STATE ROAD AlA; THENCE NORTH AlONG THE PROlONGATION SOUTH Of THE UN[ DMD1NG LOTS 3AHD 4 OF SAID SOUTH StlORE ESTATES SUBDIVISION, FOR A DISTANCE Of 100 FEET TO TtE POINT OF BEGINNING Of THE PARCEl OF lAND HERE.. DESCRIBED, WHICH POINT IS THE SOUTHWEST CORNER OF LOT 3 OF SAID SOUTH SHORE ESTATES SU8DIVISIC>>I. Legal: Parcel 3; THAT POROON Of THE NORTH 100 FEEl OFTHE SOUTH 300 FEET OF LOT 2, Of TATUM'S OCEAN PARK COMPANrs SUBOIVISION,ACCORDING TO TIlE PlAT THEREOF, AS RECORDED IN PlAT BOOK 10, PAGE 64, IN THE PUBlIC RECORDS OF MIAMI-DADE COUNtY, FlORIDA, LYING WEST OFTHE WESTERLY RlGHT.Of-WAY LINE Of flORIDA STATE ROAD A1A. MooE PARTICUlARlY DESCRIBED AS FOUOWS: BEGINNING AT THE INTERSECTION OF THE NORTH UN[ OF THE NORTH 100 FEET Of THE SOUTH 300 FEET Of LOT 2, OF TAruM'S OCEAN PARK COMPANY'S SUBOMSlON, ACCORDING TO THE PlAT THEREOF, AS RECORDED IN PlAT BOOK 10, PAGE 54, IN THE PUBLIC RECORDS OF MLWI-DADE COUNlY, FLORIDA, WITH THE WESTERLY RIGKT.QF.WAY LINE OF flORIDA STATE RCWl AlA, AS SHOWN BY PlAT RECORDED IN PLAT BOOK 47, PAGE 101, Of THE PUBlIC RECORDS Of MIAMI.OADE coum, flORIDA, SAID POINT BEWG THE SO'MASTERlY CORNER Of lOT 1, OF THE SUBDIVISION OF sotml SHORE ESTATES, AS RECORDED IN PlAT BOOK 52. PAGE 69, IN THE PUBlIC RECORDS Of MIAMI-01DE COUNTY, R.ORlDA; THl:NCf WEST ALONG THE NORTH ~E OF THE NORTH 100 FEET OF THE SOUTH 300 FEEl OF lOT 2 Of THE AFORESAID TATUM'S DeEM PARK COMPANY'S SUBOMSION. FORA DISTANCE OF 402.15 FEET TO THE SOUTHWEST OORN(R OF LOT 3 OF SAID SOUTH SHORE ESTATES SUBOMSION, THENCE SOUTH AlONG THE PROlONGAOON SOUTH OF THE UNE OIVIOlNG LOTS 3 AHO 4 OF SAID SOllTH SHORE ESTATES SUBONISION FOR A DISTANCE OF 100 FEET TO A POINT ON THE SOUTH UNE Of THE NORTH 100 Ftn OF THE SOl.ITM 300 fEn OF lOT 2 Of SAID TATUM'S SU8OMSlON, MNCE EAST AlONG THE SOUTH LINE Of THE NORTH 100 FEET OF THE SOUTH 300 FEET OF LOT 2 OF SAID TATUM'S SUBDIVISION FOR A DISTANCE Of 392.28 FEET TO A POINT ON THE WESTERlY R1GHT-(lF-WAY lINE OF 1lE AFOOESAIO FLORIDA STATE ROAD A1A; THENCE NORTHEASTERLY AlONG THE WESTERlY RIGHT-Of.WAY A DISTANCE Of 100.48 FEET TO THE POINT OF BEGINNING OF THE PARCEl OF lAND HEREIN OESCRItlED. ADORESS; 17190 CoUlnsAvenue Size of Property: 3 ACRES Zone: NeighbOrhood BuSlness(8-1) All per10llalfe invited to Ippe.r .t!hls meeting or be represented by en agent, or 10 express lhelr vlewlln wrfIlng Iddreued 10 lIle City Derll, CIty 01 Sunny bin Beadl, 111070 C'..oIln;Avenua, Sunny Isles BeadI,AorkIa, 33160. The allrts hive ruled l/Iallls mproptl klconlact a CllyCommlsslon rnemberlndM:lu~,eItlerardyor In wrfIlng about any tonlnQ aP!lllcaU1IR1. Mapsllld other dall pt1tUdng to these .ppllcatlons are avaltable for pubklnspeclkr1 duMg normal buslnesI ton k\ ClyMallAtrt lOI'llng hearing may be conllnued altNs meeting and lRler such clralmsllllCtl, ..xlll1cX1ll1eoal nota WWd not be pnMded.Mt pmoIlI wkhIng to speek .1. public heaItng should relll.ler wl!b Ihe CUy Clerk prior 10 Ihllllem beIng lIeard, Inquiries regarding !be Item may be dIrected 10 Ill, C1fy'J Pllnnlnlllnd Zoning Department al (305) 792.1710. PIeMe refer" the he-'ng nurrller MIen n\IkIng an tnQur,. II a perDI decides 10 appeal anrdedslon INcle by the CIIy Commission wIlh re3ped kllnY m811erconsldeled .11llCh mulflo orhellllng, llley'w11 need. record ~ theproaeedlng. and, lor such puIJlOSt, mayneed "ensan 1I'lal. weJbatlm A!COrd ~the ~sls made,wIlk:IIm:ortIi1cMIeslhelesllmonyllldevldenceuponwlllclllheappeallslObeblsed.ThlsnolltecloelnolCCNIlluleconsefllbylheCllylorlnltoclucllonoradmlsslon ~olhetwlse NdmIssIlk! or IrrdMntI!'lldenCl, nordonn &ul!loIlle dlall:nga: or appeals not oIIIetwtsealowed by_ In IlCtOII1II'Cewlh1haArnerbnswlltl Dlsabillles Act, all pelSOnJ wllo are dlsabled.nd wtla need apec:\al accommodallons to patllclpata In this meellng because 01 thaI cIsablUly I/l(x,IIcI conllCllhe City Mlllager II 305-792-1701, no 1I\ellhln 48 hours prior 10 the pnxeedmg; II heamg ~a11ed. ple"e lelepllonl tile TOO Une.t 305.792-159Ofor 1SIisIn:e. o ~ '.. z E l;j "0 ~ % \; i To: Via: From: Date: Re: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler" Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 792-1565 Fax (305) 947-2150 Building Department A. John Szerlag, City Manager Hans Ottinat, City Attorney Jane A. Hines, City Clerk MEMORANDUM Honorable Mayor and City Commission A. John Szerlag, City Manager Jorge Vera, Assistant City Manager/Services Robert Solera, Community Development Director October 16, 2008 Revision to Chapter 14 of the City Code (Code Enforcement) RECOMMENDATION: It is recommended that the City Commission approve the attached revised Code Enforcement Ordinance. REASON (S): The Code Enforcement and Licensing Department is requesting a revision of Chapter 14, better known as the Code Enforcement Chapter. The Department is amending Section 14-8 (H) to reflect that civil penalties assessed by the Special Master shall become delinquent if not paid within 10 days after notice to the violator of the Special Master decision. The ordinance was revised in 2006 but Section 14-10 (M) was not amended to provide discretion to the Special Master to reduce the administrative fees below the amount of $75.00. As the ordinance currently reads the Special Master has the ability to reduce or basically waive the amount. This fee will offset the expense incurred in the preparation of cases to be heard by the Special Master. The Department is also looking to amend Section 14-10 (0) (1 e) to require the Special Master not to go below 50% of the amount of the civil violation, if the violator is found guilty by the Special Master. The Special Master's decision does not affect the City Manager's office to enter into negotiations for payment of outstanding fines due to imposition of lien on properties that have accumulated subsequent to final decision of the Special Master. Request for negotiations for payments on the process for imposed lien will be handled by the City Manager's office. RCS:rs Funding available: Finance Department Agen( Agenda Item Comr Date To be com left CJA 11- I <6 . O~