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HomeMy WebLinkAboutOrdinance 2017-502 ORDINANCE NO. 2017- SO2- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 253-4 OF THE CITY CODE TO CLARIFY THAT THE ANNUAL REGISTRATION FEE FOR VACANT PROPERTIES ARE NOT REQUIRED IF THE PROPERTIES ARE MAINTAINED IN A PARK—LIKE SETTING; 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 conditions of vacant lots have a negative impact on the value of surrounding properties; WHEREAS, since the adoption of the vacant lot registration Ordinance a number of property owners has took the initiative to maintain their vacant lots in a park-like setting as required by the Ordinance; and WHEREAS, the City Commission wishes to amend Section 253-4(C) of the City Code to clarify that the $500.00 Dollar annual registration fee is not applicable where the property is maintained in a park-like setting. 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 253-4 of the City Code is amended to read as follows: §253-4. Registration of vacant lot/building or vacant foreclosure; fees. C. Vacant lot/building and vacant foreclosure registration fees. (1) The owner of a vacant lot/building or vacant foreclosure shall pay a one-time registration fee of$100.00. The registration fee of$100.00 is due and payable upon registration; to wit, no later than 30 days after any lot/building or unit becomes a vacant lot/building or vacant foreclosure, as defined in this chapter, or not later than 30 days after being notified by an enforcement officer of the requirement to register. (2) If the lot/building or unit is to remain vacant or foreclosed in accordance with this chapter, then the owner of a single-family residential lot or unit shall pay an annual Words added underlined;words stricken deleted(ed) Page 1 of 3 vacant lot/ building or vacant foreclosure fee of$500 until the lot/building or unit is rehabilitated for active use and is not in foreclosure. The owner of a multifamily/commercial lot shall pay an annual vacant lot or building fee of$5,000 until the lot is rehabilitated for active use. The vacant lot/building or vacant foreclosure fee is due and payable upon registration. The annual lot/building or vacant foreclosure fee is due and payable, on each anniversary hereafter until the lot/ building or unit is rehabilitated for active use and is not in foreclosure. (3) The vacant lot / building or vacant foreclosure registration fees and annual fees as set forth in this section are to be delivered, by mail or in person, to the Finance Department, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. A late charge of 10% per month or any part thereof will be assessed on any invoice which is unpaid after 30 days from the date of the demand for payment or an invoice. A processing fee of $25 will be charged for each check returned by the bank due to insufficient funds or other reason. A replacement payment must be made in cash, money order, bank or certified check and must include the fee of$25 and any applicable late charges. Invoices and any additional fees that remain unpaid will be added to the property owner's tax bill and will include an additional penalty of$200. (4) Upon registration. if the The City Manager or his/her designee determines that the vacant lot is maintained may waive the annual vacant lot of building fee where the owner has agreed to maintain the lot in a park-like setting without any structure or building, with a decorative iron-wrought fence installed in the front setback of the property or no fence with appropriate landscaping, the annual vacant lot registration fee of $500.00 set forth in this Chapter shall be waived automatically. An annual inspection of the property to maintain the waiver of the registration fee will be conducted. The City Manager or designee may impose the registration fee for failure to comply with the requirement to maintain the property in a park-like setting. 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 Ordinancetshall 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. Words added underlined.words stricken deleted(ed) Paae 2 of 3 Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the i5 day of SU;J-e 2017. PASSED and ADOPTED on second reading the da; of c-\'it-- 2017. Geor- . S . oll, Mayor A -� SJ t < lg' /�. 0Mauricio Bet:ncur CMC, Acting City Clerk ---. 4jps 3 p kj� FF} �. .. _- ky , .0- APPROVED-AS TO FORM AND' AL UFFICIENCY: A071. / a1ir Haps i ttinot, Cit Attorney Moved by: Cov . 4TT0 Seconded by: V 1 et Moe_ a 00:01.11-0 Vote: Mayor Scholl /(Yes) (No) Vice Mayor Goldman "(Yes) (No) Commissioner Aelion E1T (Yes) (No) Commissioner Gatto ,/,(Yes) (No) Commissioner Svechin (Yes) (No) Words added underlined.words stricken deleted(ed) Page 3 of 3 5011NY ts��c Cityof SunnyIsles Beach Cin Commission F __, ,r George"Bud"Scholl,Mayor ,° r F 18070 Collins Avenue; Suite 250 Dana Goldman, Vice Mayor ti 3 Isaac Aelion, Commissioner - ,`y ,„ �. ° Sunny Isles Beach, Florida��160 - `- - _ Jeanette Gatto,Commissioner ` "`-� � (305)947-0606 City Hall \ Larisa Svechin,Commissioner * (305) 949-3113 Fax P Christopher J.Russo CityManager it 9 ' �\o 04' Hans(305)947-2150 Building Department pCityn e c.T F t° �0 5 (305)947-5107 Fax Hans Ottinot, Attorney OF SUS '.t1 Mauricio Beta ncur,CMC,Acting City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission ,► FROM: Hans Ottinot, City Attorney bIP DATE: June 15, 2017 RE: Ordinance Amending Section 253-4 of the City Code to Clarify Fee Waiver for Maintaining Property as Park-Like Setting RECOMMENDATION: This Ordinance is recommended for approval. REASONS: Several years ago, the City Commission adopted a vacant lot ordinance requiring property owners to maintain their vacant properties in a park-like setting. The current ordinance provides the City Manager or designee with the discretion to waive the annual $500.00 registration fee requirement. The purpose of this Ordinance is to provide an automatic waiver of the annual fee required if the property is maintained in a park-like setting. This Ordinance was requested by the Office of the City Manager.