HomeMy WebLinkAboutOrdinance 2009-326
ORDINANCE NO. 2009-~(.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION
265-71 OF THE LANDSCAPE CODE "MINIMUM DESIGN
STANDARDS" RELATING TO HURRICANE PREPARATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR REPEALER;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission has a desire to provide safety for the residents and
visitors during times designated by the National Weather Service as being a Hurricane Watch;
and
WHEREAS, the City Commission wishes to amend the landscape code minimum design
standards for the installation and securing of items in balconies and open areas during times
designated by the National Weather Service as being a hurricane watch.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Amendment. Section 265-71 of the Landscape Code Minimum design standards
to read as follows:
~ 265-71. Minimum design standards
K. Garage and building rooftop landscaping. Not less than 50% of rooftop areas of
buildings that ancillary to and are visible from upper level dwelling or hotel units in
adjacent primary use residential or hotel towers on the same site shall be screened or
buffered through the use of landscaped horizontal trellis structures, shade or palm
trees in irrigated planters, canopies, screening walls enclosing mechanical equipment
and/or through the decorative surface treatments of flat roof areas with patterns of
gravel or other surfacing materials in varying shades and hues to create a graphic
composition. Open rooftop parking on garage structures adjacent to upper level
residential and hotel units shall be fully screened through the use of landscaped trellis
structures, canopies or shade or palm trees in irrigated planters. During such periods
of time as are designated by the National Weather Services as being a hurricane
watch, all loose potted plants/trees and obiects shall be lashed to rigid construction or
stored in buildings as called out in Chapter 8 Section l6(a) of the Miami-Dade Code.
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,
Words added underlined, words stfiekeft deleted (ed)
Page I of2
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 the 'Z I ~ day of 1'Y) A Y 2009.
PASSED and ADOPTED on second reading the 1 ,,~ day of Ju rv ce. 2009.
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APPROVE AS TO FORM
AND :At FICIENCY:
Moved by:
Cb~Sc.HD\..L
Seconded by:
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
-lL- (Yes)
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V(Yes)
V(Y es)
-.1L (Yes)
(No)
_(No)
_(No)
_(No)
_(No)
Words added underlined, words stfiekeft deleted (ed)
Page 2 of2
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CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission, also sitting as the
Local Planning Agency, of the City of Sunny Isles Beach, Florida, will hold
a public hearing in the Sunny Isles Beach Government Center, David
P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles
Beach, Florida, on Thursday, June 18,2009, at 6:30 p.m., to consider
adoption of the following proposed Ordinance:
AN OROINANCE OF THE CflY COMMISSION OF THE CflY OF SUNNY ISLES
BEACH. FLORIDA, AMENDING SECTION 265-71 OF THE LANDSCAPE
CODE "MINIMUM DESIGN STANDARDS", RELATING TO HURRICANE
PREPARATION; PROVIDING FOR SEVERABILflY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR
AN EFFECTIVE DATE.
Inquiries regarding this item 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
AU 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 ria the City
Clerk. City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach. Flo<lda,
33160. Any person wishing to address the City Commission at a pubUc hearing
is asked to register with the City Clef1( 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 oot 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
01 the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. This ootlce does oot constitute consent by the City
for introduction or admission of otherwise inadmissible or Irrelevant evidence, nor
does il authorize challenges or appeals oot olherwise allowed by law.
In accordance with It< Americans with Disabilities Act, aU persons WOO are disabled and WOO
need special aa:ommodations 10 paI1icIpale In this meeting because 01 thai ~sabllity should
c""lad the CI~ Manager aI305-947-0606, no Ialer than 48 hours pOor 10 the Ilfoceedlngs;"
heartng impaired, ~ease lelephone It< m line aI305.792.159O for assistance.
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BARIATRIC SURGERY
Memorial Regional Hospitals Bariatric Program has earned the esteemed
distinction of "Center of Excellence" designation. This honor is given by the
American Society for Metabolic and Bariatric Surgery (ASMBS).
"Center of Excellence" distinguished features include:
. Safe barianic surgical care with excellent shon. and long-term outcomes
Less than 1% rate of complications from surgery J~"'i.~'''''''''ry
. Highly experienced physicians
. Top quality facilities and technology
Recognition as a "Top Performing Center"
In becoming a "Center of Excellence," Memorial Regional
Hospital's Bariatric Program has held itself up to some
of the highest standards in the industry.
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IAP-BANDQll, Gastric Bypass and
Sleeve Gastrectomy Surgery
TUesday, JUne 9
6:30pm
Lteta~Plact ~tMrntorial Hospital Pembroke
2261 N. Ury!v~rsilyDrive. Suite 103. PeT_broke Pi~es
Tuesday,June 16
6:30pm
Mcmarln' Regional Hospital South - Auditorium
3600 Washington St.,llollywood
PRE~[Nn() n;
Th'()inas Bass. MOil; Brett Cohen, MOil; Emil Matei, 00
RSVP: (954)265-5889
. Thr Amaleall SodrlY for Mrtabo'ic and Barlalrlc Surgery has namtd
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~ Comprehensive Weight-Loss
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Memorial Regional Hospital' 3501 Johnson St., Hollywood, FL 33021
A facility of Memorial Healthcare System I mhs.net
Preview
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEM9RA~PUM
TO:
The Honorable Mayor and City Commission
FROM:
Robert Solera, Community Development Director
DATE:
6/18/2009
RE:
Amending Section 265-71 of the Landscape Code "Minimum Design
Standards" Relating to Hurricane Preparation
RECOMMENDATION:
Staff recommends that the City Commission adopt this Ordinance amending Section 265-
71 (Landscape Code "Minimum Design Standards").
REASONS:
The Community Development Department in conjunction with the Building
Department has performed research to develop an amendment to the code, for
the purpose of securing of items, such as trees, on balconies and open roof
areas, in the event of Hurricane Watch.
As such both Departments will like to amend the Landscape Section of the code
and create a requirement for existing and future developments, where securing
of the items at the time of a declaration of a Hurricane Watch by the National
Weather Services is required. This action will enhance the security of residents
and visitors in case of a bad weather, by preventing that these items become
projectiles and inflict bodily damage as well as damage to private and public
properties.
ADDITIONAL INFORMATION:
The amendment will be enforced by the Community Development Department in conjunction
with the Building Department once there is a declaration of a Hurricane Watch by the National
Weather Services. The property owner will be provided 24 hours to come into compliance.
A TT ACHMENTS:
. Ordinance
. Memo from Building Official
. Notice Confirmation
http://sibagenda.si bfl.net/agenda/Preview,aspx?l temID=4 7 &MeetingID
Agenda Item q c.. ~
Date 1-1 -I ~'" oq
,
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City COlnmiJJion
Nonnan s. Ed<:lcup, M'!Yor
L<:wis J, Thal<:r, Vi,. Mayor
Roslyn Bruin, Commir.rioner
G<:rry Goodman, CommiSJiomr
G<:org<: "Bud" SchoU, CommiJIio1/er
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Rick Conner, Atli11!, Ci!Y MOlloUr
Hans Ouinot, Ci!y Altomq
Jm<: A. Hines, Ci!Y Cltrk
MEMORANDUM
Rick Conner, Acting City Manager
Jorge Vera, Assistant City Manager
Clayton L. Parker, Building Official/Director
March 30, 2009
New Modification for Landscaping Ordinance to Require Hurricane Preparation
Statement on Plans for New Construction.
A new amendment to the Landscape Ordinance will require Developers/Owners to include the
Hurricane Preparation Statement below, as part of their approved Landscape Plans, when
showing potted plants or trees as part of their overall design,
Hurricane PreDaration Statement
-
(Vuring such periods of time as are designated by the National Weather Service as being a hurricane
watch, all loose potted plants/ trees shall be lashed to rigid construction or stored in buildings as called
out in Chapter 8 Section 16 (a) of the Miami-Dade Code"
ARTICLE I. ADMINISTRA nON
Page 28 of 30
(
(b) Upon a finding of a material violation the Chief Building Code Compliance Officer,
or his or her designee, shall issue a Notice of Material Code Violation, identifying the
violator or violators, specifying the nature of the violation and providing a reasonable
time for correction. The time for correction shall be established by the officer upon an
evaluation of the following factors:
(1) The likelihood and immediacy of physical harm to persons andlor property.
(2) The likelihood and immediacy of significant damage to the performance of
a building or its systems.
(3) The nature and extent of the required corrections,
(4) Any prior notices of the deficiencies constituting the violation.
(c) The Notice of Material Violation shall also provide that the violation may be
disputed by appropriate notice directed to the Chief Building Code Compliance Office.
(d) The Notice of Material Code Violation shall be posted in the structure and shall be
mailed to each violator at the address which appears in the permit documents.
(e) In the event that the material violation is not cured to the satisfaction of the Chief
Building Code Compliance Officer within the time specified, or disputed in the manner
set forth above, the Chief Building Code Compliance Officer shall impose a fine per
material violation of $500.00 for the first offense, $1,000.00 for the second offense,
$2,000.00 for the third offense and $5,000.00 for each subsequent offense.
(f) Disputes of violations, collections of fees, and imposition of fines and other
penalties, including but not limited to suspension of permitting privileges shall be
effected in accordance with the provisions of law.
(Ord. No, 01-112, S 1, 7-10-01)
Sec. 8-16. Special Hurricane Inspections.
(a) During such periods of time as are designated by the National Weather Service as
being a hurricane watch, all furniture, display racks, material and similar loose objects in
exposed outdoor locations, shall be lashed to rigid construction or stored in buildings.
Orders shall be oral or written and shall be given to any person on the premises most
logically responsible for maintenance and such orders shall be carried out before winds
of hurricane velocity are anticipated. _
(b) After winds of hurricane velocity are experienced and have subsided, the Building
Official shall investigate to determine if damage has occurred to buildings or other
structures,
(c) No building or other structure or assembly or part thereof, which was damaged or
collapsed or out of plumb or line shall be repaired or altered or otherwise returned to its
original position without inspection and approval by the Building Official.
(Ord. No. 01-112, S 1, 7-10-01)
~;
Sec. 8-17. Violations and Penalties.
(a) Penalties. This Section shall apply to all persons and violations not covered by
Section 8-15 above. Any person, firm or corporation who shall violate a provision of the
Building Code or fail to comply therewith, or with any of the requirements thereof, shall
be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate
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