HomeMy WebLinkAboutOrdinance 2017-495 •
ORDINANCE NO. 2017 - 415
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE
CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH TO
REQUIRE GOOD CAUSE FOR EXTENSIONS OF TIME TO CORRECT
CODE VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 14 of the Code of Ordinances of the City of Sunny Isles Beach
authorizes the Code Enforcement Department to initiate code enforcement proceedings and issue
warning and civil violation notices for violations of the City Code; and
•
WHEREAS, enforcement procedures are initiated upon the issuance of a warning notice
followed by a civil violation notice, in the event correction is not met within the designated time
to correct the warning notice; and
WHEREAS, it is within the discretion of the Code Enforcement Department to extend
times to correct code violations during either the warning notice or civil violation notice period;
and
WHEREAS, Chapter 14 of the City Code does not currently require good cause to be
shown in order to grant extension of time to correct underlying code enforcement violations; and
WHEREAS, City staff requests that Chapter 14 of the City Code be amended to require
that good cause be shown in order to grant extension of time during the warning or civil violation
notice periods in order to ensure timely compliance with the City Code.
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 specific part by this Ordinance
upon adoption hereof.
Section 2. Amendment. Chapter 14 of the City Code is amended to read as follows:
§ 14-6.—Enforcement procedures.
A. A Code Enforcement Officer is authorized to issue a warning notice of violation, in a form
approved by the Department Director, prior to the issuance of a civil violation notice to a
person based upon personal investigation, if the officer has reason to believe that the
violator has committed a civil infraction in violation of a duly enacted ordinance. The
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warning notice of violation shall specify a reasonable time period (warning period), not to
exceed 30 calendar days, within which the violator must correct the violation. This
determination shall be based on consideration of fairness; practicality; ease of correction,
ability to correct; severity of violation; nature, extent, and probability of danger or damage
to the public; degree of nuisance to neighborhoods and neighborhood; and other relevant
factors relating to the reasonableness of the time period prescribed.
An extension of the deadline for voluntary correction, or a modification of any required
corrective action,may be granted by the code enforcement officer or Department Directors
if the property owner has. in the opinion of the code enforcement officer. shown good cause
for the requested extension. For purposes of this section, "good cause" is defined as
unforeseen circumstances beyond the reasonable control of property owner that include.
but are not limited to. (i) delays by federal, state or local permitting agencies in issuing
permits and/or other regulatory approvals in connection with an alleged code violation that
were not within the reasonable control of the property owner. (ii) an "Act of God" such as
earthquakes, lightning, cyclones, hurricanes, floods, droughts or such other extreme
weather or environmental conditions, unanticipated geological or ground conditions, or
other natural calamities and acts of God that cannot be, or be caused to be, prevented,
avoided or removed by the property owner, or (iii) financial hardships beyond the control
of the property owner.
If the above good cause showing is made. the code enforcement officer or Department
Director may. in their sole discretion. grant property owner an extension(s) of time not to
exceed ninety (90) calendar days in total from the date of warning notice to correct the
code violation. In the event the code violation is not corrected during this extended
correction period, the code enforcement officer shall issue a civil violation notice to the
property owner. Once a civil violation notice is issued. the property owner may apply for
an extension of time for voluntary correction provided they (i) timely requested an
administrative hearing before the Special Magistrate to appeal the decision of the code
enforcement officer that resulted in the issuance of the civil violation notice and (ii) no
more than ninety (90) calendar days total in extensions were previously granted to the
property owner to correct the code violation since the initial warning notice. Under no
circumstance shall the property owner be granted an extension of time more than ninety
(90) calendar days in total to correct a code violation by the code enforcement officer or
Department Director. The Special Magistrate may provide additional extensions of time
upon the showing of good cause. Nothing in this section shall preclude a code enforcement
officer or Department Director from dismissing a violation or citation for lack of sufficient
evidence. Notwithstanding any other provisions in this section. the code enforcement
officer or Department Director is not required to provide any extension(s) of time or
provide extensions where the violation is deemed a life safety violation.
Upon final order of a Special Magistrate. a property owner shall be required to correct the
violation within a time period not to exceed twenty four (24) months from the date of the
final order, unless unforeseen circumstances beyond the reasonable control of property
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owner. such as delays caused by the respective permitting agencies or Acts of God. prevent
the property owner from obtaining said permit(s) within this not to exceed twenty four(24)
month period. The Special Magistrate may provide additional time if good cause is shown.
B. If upon reinspection of the violation, which prompted the issuance of the warning notice
of violation, said violation has not been corrected, the violator shall be subject to the
issuance of a civil violation notice and liable for the associated civil penalties.'
C. If a Code Enforcement Officer has reason to believe that the violation represents a serious
threat to the public health, safety or welfare, if the violation is a recurring violation as
defined herein, or if the violation is an uncorrectable violation as defined herein, the
warning period shall not be applicable and the civil violation notice may issue immediately.
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 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, 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 become effective upon adoption on second
reading.
PASSED and ADOPTED on first reading the (lp day of EGRAPit-Z 2017.
PASSED and ADOPTED on second reading the t c day , 6142,(',t( 2017.
C,;. .
\, George H. choll, Mayor
4l 1'��;T:
•
Jane A. H nes, MC, City Clerk
. r
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Hans Ottinot, City Attorney
Moved by: v(CE IIO GoLbmo14.1
Seconded by: COMM& Ct kfl O
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Goldman ✓ (Yes) (No)
Commissioner Aelion I (Yes) (No)
Commissioner Gatto I (Yes) (No)
Commissioner Svechin —7(Yes) (No)
4
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NN ' tsCFCity Sunny Isles Beach city Commission
s •
vGeorge"Bud"
Scholl,Mayor
° F 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor
s� i'` 3' Isaac Aelion, Commissioner
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= Jeanette Gatto,Commissioner
305 947-0606 CityHall Larisa Svechin,Commissioner
(305) 949-3113 Fax
r �r9 �= � Christopher J.Russo City Manager
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��P (305) 947-2150 Building Department
F 1. FLOP ., Hans Ottinot,City Attorney
e.TY OF SUN Pia (305) 947-5107 Fax Jane A.Hines,VINIC,City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Hans Ottinot, City Attorney I1!.I
J
DATE: February 16, 2017
RE: Ordinance amending Chapter 14 of the City Code
RECOMMENDATION
It is recommended that the City Commission approve the proposed Ordinance amending Chapter
14 of the City Code to require good cause for extension of time to correct code violations.
REASONS
There are instances where code enforcement cases are not timely corrected despite numerous
extensions. In order to address this issue, City staff is recommending that Chapter 14 of the City
Code be amended to require good cause for extensions to correct code violations. City staff is
recommending that property owners be required to show good cause for an extension of time.
The "good cause" standard is defined as unforeseen circumstances beyond the reasonable control
of property owner that include (i) delays by government agencies in issuing permits and/or other
regulatory approvals that were not within the reasonable control of the property owner, (ii) an
"Act of God" such as extreme weather or environmental conditions that cannot be prevented by
• the property owner, or (iii) financial hardships beyond the control of the property owner.
•
If the above good cause showing is made, the code enforcement officer or Department Director
may grant property owner an extension of time not to exceed ninety (90) calendar days in total to
correct the code violation. However, the Special Magistrate may provide additional extensions
upon a showing of good cause. A property owner shall be required to correct the violation
within a time period not to exceed twenty four (24) months from the date of the Special
Magistrate's final order, unless unforeseen circumstances beyond their reasonable control, such
as delays caused by the respective permitting agencies or Acts of God, prevent them from
obtaining said permits during this time. The Special Magistrate may provide additional time if
good cause is shown for correction of the violation. It's important to note that a code
enforcement officer or Department Director shall continue to have the discretion to dismiss a
violation for lack of sufficient evidence.
This Ordinance was requested by Vice Mayor Dana Goldman.