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HomeMy WebLinkAboutOrdinance 2017-498 ORDINANCE NO. 2017- 4- 1 p AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 212-4 C (4) OF THE CITY CODE TO REQUIRE A CANVAS MATERIAL OR SIMILAR MATERIAL TO BE INCLUDED AS PART OF AN INSTALLATION OF A CHAIN--LINK FENCE; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has determined that the deplorable condition of the vacant lots have a negative impact on the value of surrounding properties; WHEREAS, Chapter 212-4 of the Code of Ordinances of the City of Sunny Isles Beach ("City Code") provides for property maintenance standards for building structures, walls, fences, signs landscaping and paved surfaces located within the City; WHEREAS, the City wishes to amend Section 212-4 of the Code to clarify that canvas covering or covering with similar material is required for chain-link fences. 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 212-4 of the City Code is amended to read as follows: §212-4. Property Maintenance. C. The owners of all vacant property, including clearer property, shall maintain said property in accordance with the following requirements: (1) All vacant property shall be kept free from an accumulation of construction debris, garbage, trash or litter. (2) Any vegetation shall be maintained to minimize property damage and public safety hazards, including removal of dead plant material removal of low-hanging branches, and trimming or removal of plant material obstructing sidewalks, street lighting and safe sight distance triangles. Words added underlined words stricken deleted(ed) Page I of 3 (3) All cleared property shall be maintained in a condition to prevent blowing sand or dust and erosion onto adjoin properties, rights of way ad water bodies. Property which has been cleared shall be cleaned of any demolition debris, shall be provided with a temporary irrigation system, shall be seeded or sodded and shall be maintained in a neat and clean condition. (4) All vacant property shall be fully enclosed with either a CBS, concrete wall, wood wall or coated chain-link fence with canvas covering or similar material. 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 section 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 (Rol* day of Moa.-C{ 2017. PASSED and ADOPTED on second reading the day % 1 ' I l.- 2017. George H choll, Mayor -AT II ;` ,V:r Jane:A. ines, M f , City Clerk Words added underlined,words etriclten deleted(ed) Paste 2 of 3 APPROVED AS TO FORM AND LE . -/ '' CIENCY: / 1.1 ans Ottinot, City Attorney Vote: Mayor Scholl ✓ (Yes) (No) Vice Mayor Goldman 1 (Yes) (No) Commissioner Aelion_4 S (Yes) (No) Commissioner Gatto /(Yes) (No) Commissioner Svechin / (Yes) (No) Words added underlined.words strieken deleted(ed) Paste 3 of 3 �sotANY tst_ Cityof SunnyIsles Beach City Commission s George"Bud"Scholl,Mayor ° : \F 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor Isaac Aelion, Commissioner Sunny Isles Beach, Florida 33160 v __ x Jeanette Gatto,Commissioner * " ;` Larisa Svechin,Commissioner * �� - * (305)947-0606 City Hall (305)949-31 13 Fax r *�s t ,-- e-* r Christopher J.Russo City Manager tiF 9�* FLOA\O 5`` (305)947-2150 Building Department 305 947-5107 Fax Hans Ottinot,City Attorney C',rY OF suo P''a (305) Jane A.Hines,MMC,City Clerk MEMORANDUM TO: The Honorable City Commissioi r / FROM: Hans Ottinot, City Attorneyie DATE: March 16. 2017 ✓ RE: Amending Section 212-4 of the City Code RECOMMENDATION: This Ordinance is recommended for approval. REASONS: This amendment modifies the City's property maintenance regulations to require canvas covering for chain-link fences. The canvas coverings will enhance the aesthetics of vacant lots and prevent debris from entering neighboring properties. This Ordinance was requested by the Office of the City Manager and Planning and Zoning Department.