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HomeMy WebLinkAboutOrdinance 2018-529 ORDINANCE NO. 2018-S21 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 99 OF THE CITY CODE ENTITLED "PUBLIC HEALTH AND SAFETY" TO CREATE A NEW ARTICLE TO PROVIDE FOR THE CLOSURE AND REPAIR OF PUBLIC BEACH ACCESSES FOR PUBLIC SAFETY; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to promote the public health, safety and welfare of the residents of the City of Sunny Isles Beach; and WHEREAS, under its police powers, the City has the authority to close public beach access to prevent potential danger to the residents and visitors of the City of Sunny Isles Beach; and WHEREAS, occasionally, construction or repair works on, in, or adjacent to public beach accesses could potentially endanger the public using the public beach access and maintaining public access for the duration of the works could become problematic or potentially cause a significant hazard to public use; and WHEREAS, the City Commission wishes to amend Chapter 99 of the Code of Ordinances of the City of Sunny Isles Beach entitled "Public Health and Safety" to provide for a temporary or emergency authority to close public beach access when necessary to avoid danger to the health and safety of the public. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Amendment. Chapter 99 of the City Code is amended to read as follows: ARTICLE II—Temporary or Emergency Closure of Public Beach Accesses. § 99-10. —Purpose. The purpose of this Article is to protect the health, safety and welfare of all persons and occupants of all public places by allowing temporary or emergency closure of public beach accesses under the police powers of the City of Sunny Isles Beach. Amending Chapter 99 `Public Health and Safety' Page I of 3 1 § 99-11. —Definitions. CITY MANAGER — the chief administrative officer of the City as defined by the City Code and Charter. PROPERTY OWNER—means an owner of the property who has granted a beach access easement on its the property for the use of the public. PUBLIC BEACH ACCESS - means and includes a nonexclusive, publicly accessible, open air and unenclosed landscaped hard surface area easement linking Collins avenue to the Oceanfront beach. PUBLIC EMERGENCY - means a condition which threatens or adversely affects the public health, safety, general welfare. §99-12. - Temporary or emergency authority to close public beach access. A. The City Manager or designee may, in his or her sole discretion, close or restrict the public use of any public beach access, or portion thereof, which is in the process of construction or repair, or is otherwise dangerous, or during severe weather conditions, or other public emergency, and to barricade and bar the use thereof during such period. §99-13. - Repair of public beach access. A. Any damage to a public beach access must be repaired by the property owner within a reasonable time. The City has a right to demand repairs of a damaged public beach access by providing a ten (10) days written notice. In the event that the property owner fails to repair or commence repair after receipt of a ten (10) written notice from the City, the City may repair the damage caused to a public beach access and demand reimbursement for the reasonable cost of such repairs. Section 2. 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 3. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed 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. Section 5. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. Amending Chapter 99`Public Health and Safety- Page 2 of 3 PASSED and ADOPTED on First Reading the ' ay of September, 2018 PASSED and ADOPTED on Second Reading this Ii of September, 2018 ir George "Bu. ' Scholl, Mayor ATTES 1. if Pir Vitir' Mauricio '3 etanc r, CMC, City Clerk APPROVED • SO FORM AND . A S % FICIENCY Apt A 00) raL '.ns (11.117n7 City Attorney Moved by: COMM C4 t 011-e a S'I (41-i d Second by: \110,6 0414 GA4ti-d VOTE AS FOLLOWS: Mayor Scholl ( I ) yes ( ) no Vice Mayor Goldman ( ✓) yes ( ) no Commissioner Aelion ( I ) yes ( ) no Commissioner Gatto ( / ) yes ( ) no Commissioner Svechin ( ✓) yes ( ) no Amending Chapter 99`Public Health and Safety' Page 3 of 3 0.04 NY is.( Cityof SunnyIsles Beach City Commission F Fs A. George"Bud"Scholl,Mayor ° - . F. 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor z' v -,-, Isaac Action, Commissioner i ,..}<�;'�� = Sunny Isles Beach, Florida 33 160 f Jeanette Gatto,Commissioner Larisa Svechin,Commissioner (305) 947-0606 City Hall `t� (305) 949-3113 Fax y ,99 sg �oP 0- .S.' P (305)947-2150 BuildingDepartment Christopher J.Russo City Manager P car * F L° ��5 (305)947-5I 07 Fax Hans Ottinot,City Attorney r of suo " iliauricio Betancur,CMC,City Clerk MEMORANDUM TO: The Honorable Mayor and Ci Commission A FROM: Hans Ottinot, City Attorne (VI DATE: September 20, 2018. RE: Amending Chapter 99 "Public Health and Safety" of the City Code of Ordinances RECOMMENDATION This Ordinance is recommended for your consideration. REASONS Under its police powers, the City has the inherent authority to close public beach accesses to prevent danger to the general public. The purpose of this Ordinance is to codify the City's authority to close public beach accesses. Additionally, this Ordinance provides the City with the authority to repair beach accesses if the property owner fails to repair the access after notice from the City. From time to time, events occur that require public beach access to be temporary closed. The reasons why a closure might be necessary can vary but include such occasions as unsafe construction projects, utility infrastructure installations or repairs, fallen trees, dangerous walls or buildings, or extreme weather conditions.