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HomeMy WebLinkAboutOrdinance 2017-501 ORDINANCE NO. 2017-S D� AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 234-4 OF THE CITY CODE TO EXTEND THE TIME TO PLACE TEMPORARY STORAGE UNITS ON A PROPERTY OWNER'S DRIVEWAY OR PARKING AREA TO A MAXIMUM AMOUNT OF TIME NOT TO EXCEED TWELVE (12) MONTHS FOR HEALTH, SAFETY OR WELFARE REASONS DEEMED NECESSARY BY THE CITY MANAGER OR HIS DESIGNEE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 234-4 the Code of Ordinances of the City of Sunny Isles Beach currently authorizes any person or entity to place temporary storage units on a property owner's driveway or parking area located within a single-family/low-density residential zoning district or moderate density townhouse/low-medium density zoning district; WHEREAS, the placement of temporary storage units in such areas is currently limited to a maximum period of 14 consecutive days but can be extended for an additional time period in an amount not to exceed 30 days; and WHEREAS, the City wishes to amend Section 234-4 of the City Code to extend the time to place temporary storage units on a property owner's driveway or parking area on property located within a single-family/low-density residential zoning district or moderate density townhouse/low-medium density zoning district for a total period of 12 (twelve) months for health, safety or welfare reasons deemed necessary by the City Manager or his designee. 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 to Section 234-4 of the City Code. Section 234-4 of the City Code is hereby amended to read as follows: § 234-4. —Requirements for placement of temporary storage units. C. The temporary storage unit shall be located at such address for a maximum of 14 consecutive days, including the days of delivery and removal. An extension may be granted to the applicant by the Code Enforcement and Licensing Department, for a reasonable additional time period in an amount not to exceed 30 days.Notwithstanding the foregoing, the additional time period may be extended for a period up to a total of 12 (twelve) months by the City Manager or his designee for health, safety or welfare reasons deemed necessary by the City Manager or his designee. Ordinance Amending Section 234-4 1 Words underlined are added,words stricken are deleted. • Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 5. Inclusion in the Code. Itis the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made apart ofthe 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 6. Effective Date. This Ordinance shall be applied retroactively, and will become effective ten (10) days after adoption at second reading. PASSED and ADOPTED on first reading the (S •. . f JUNE , 2017. PASSED and ADOPTED on second reading . is •.y of \.\01.-1 , 2017. � < ` ' George H. holl, Mayor f\. r. Q`, ATiI ' '_' - _ '\ jrT. � r a:- Mauricio Betan iur; CMC, Acting City Clerk } i e f f``APIROVEDijAS`TO FORM .. r r r`s',,, i ', AND -0 C!L SUFFICIENCY: A/ A 4floAfrg s • inot, CitAttorney Moved by: COW. CAITO Second by: Coafil. ECkt Al Ordinance Amending Section 234-4 2 Words underlined are added,words stricken are deleted. VOTE: Mayor Scholl (yes) V (no) Vice Mayor Goldman (yes) e/ (no) Commissioner Aelion—4S,,t (yes (no) Commissioner Gatto (yes) ✓ (no) Commissioner Svechin (yes) ,/ (no) • Ordinance Amending Section 234-4 3 Words underlined are added,words stricken are deleted. vp1NY ts( Cit of Sunn Isles Beach City Commission s Fs y y George"Bud"Scholl,Mayor F 18070 Collins Avenue; Suite 250 Dana Goldman, Vice Mayor Isaac Aelion, Commissioner Sunny Isles Beach, Florida 33160 Jeanette Gatto,Commissioner „ �. 7 r- (305) 947-0606 City Hall Larisa Svechin,Commissioner t ,5 (305) 949-3113 Fax /9 ..=� P Christopher J.Russo City Manager 5"e' �* F Lov\ s``P (305) 947-2150 Building Department Hans Otti not,City Attorney r (305) 947-5107 Fax MauricioBeta ncur,CMC,Acting Cio,Clerk OF SUN MEMORANDUM TO: The Honorable Mayor and City C -mmission FROM: Hans Ottinot, City Attorney DATE: June 15, 2017 RE: Amending Section 234-4 of the City Code to Extend the Time for the Placement of Temporary Storage Units on the Driveways for Health and Safety Reasons RECOMMENDATION: This Ordinance is recommended for approval. REASONS: Based on the empirical evidence, staff is seeking to extend the time period for placement of temporary storage units on driveways for health and safety reasons. Providing additional time to use temporary storage units to remedy a health issue is in the best interest of the City and residents. If this Ordinance is adopted, the City Manager or designee has the authority to extend the time period for the placement of temporary storage units for a period up to twelve (12) months for health and public safety reasons. This Ordinance was recommended by the Office of the City Manager.