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HomeMy WebLinkAboutOrdinance 2017-497 ORDINANCE NO. 2017- 47 7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 253-6 OF THE CITY CODE TO REQUIRE CANVAS COVERING FOR CHAIN-LINK FENCE FOR CERTAIN VACANT PROPERTIES; 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, the City Commission wishes to amend the Vacant Property Ordinance to enhance the appearance of vacant lots that may not be developed for years; and WHEREAS, the City wishes to amend Section 253-6 of the Code to clarify that canvas covering or 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 253-6 of the City Code is amended to read as.follows: §253-6. Maintenance standards. A. Vacant lot. The owner protects and maintains the lot as follows: (5) The owner will maintain plants and landscaping on the lot in accordance with this chapter. The lots shall be trimmed and mowed, with the height of grass and weeds being no more thanl0 inches. (6) For vacant properties on Collins Avenue and Sunny Isles Boulevard without an active building permit, no other material shall be used to construct a fence on the front property line, except for black picket aluminum fence with a minimum of five- foot landscape buffer in the front. (7) For vacant properties on Collins Avenue and Sunny Isles Boulevard without an active building permit, no other material shall be used to construct a fence on the Words added underlined.words stdsken deleted(ed) Paye 1 of 3 rear property line, except for black coated chain-link fence with a minimum five- foot landscape buffer in the rear. (8) For vacant properties on Collins Avenue and Sunny Isles Boulevard without an active building permit, no other material shall be used to construct a fence on the side property lines except for black-coated chain—link fence. (9) Notwithstanding any other provisions in this section, chain-link fences for vacant properties shall include canvas covering or covering with similar materials. 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 (o day of ell ! C{1 2017. PASSED and ADOPTED on second reading the 206 da of ' ' IZI L 2017. George . Scholl, Mayor 'ATI . t Y YinirrJane - . ` eines;I� C, City Clerk Words added underlined.words stricken deleted(ed) Pau 2 of 3 APPROVED AS TO FORM AND L GAL FICIENCY: !lap Han •ttinot, City Attorney Vote: Mayor Scholl ✓(Yes) (No) Vice Mayor Goldman J(Yes) _ (No) Commissioner Aelion-Agci-r (Yes) (No) Commissioner Gatto /(Yes) (No) Commissioner Svechin I (Yes) (No) Words added underlined,words stricken deleted(ed) Page 3 of 3 • (-,..-31.1t4Y ts4� Cit of Sunn Isles Beach City Commission ,_ �. , s y y George"Bud"Scholl,Mayor Vi18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor ' Isaac Aelion, Commissioner 0 ;e.,IN,�= �. x Sunny Isles Beach, Florida 33160 __� • * Jeanette Gatto,Commissioner (305) 947-0606 CityHall Larisa Svechin,Commissioner ** (305)949-31 13 Fax y X99 "V"4µ�o'r �P (305)947-2150 Building Department Christopher J.Russo City Manager F * F L o' 5 Hans Ottinot,City Attorney c,Tr of sus Pio (305)947-5107 Fax Jane A.Hines,NINIC,City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Hans Ottinot, City Attorney' \O /\ DATE: March 16, 2017 RE: Amending Section 253-6 of the City Code RECOMMENDATION: This Ordinance is recommended for approval. REASONS: This amendment provides that chain-link fences must have canvas coverings to be installed in the City. 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.