HomeMy WebLinkAboutOrdinance 2018-534 ORDINANCE NO. 2018- S 34
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING
SECTION 265-69 OF THE LANDSCAPE CODE
"MAINTENANCE" TO DESIGNATE THE PUBLIC WORKS
DEPARTMENT AND THE CULTURAL & COMMUNITY
SERVICES DEPARTMENT AS RESPONSIBLE FOR TREE
CARE IN THE PUBLIC RIGHTS-OF-WAY AND IN THE
PARKS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR
REPEALER; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission wishes to amend the landscape code to designate the
responsibility of tree care for trees located in the public rights-of-way to the Public Works
Department and Cultural & Community Services Department for trees located in the City parks.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Amendment. Section 265-69 of the Landscape Code Maintenance is amended to
read as follows:
§ 265-69. Maintenance
A. General. In all districts, the owner, or his agent, shall be responsible for the maintenance, in
perpetuity, of all landscaping material in good condition so as to present a healthy, neat, and
orderly appearance and clear of weeds, refuse and debris. Landscaping material shall be
trimmed and maintained so as to meet all City, County or State site distance requirements.
B. Failure to conform or maintain. If at any time after the issuance of a certificate of
occupancy, any landscaping material is found to be in nonconformance, including, but not
limited to, dead or dying plant material, notice shall be issued to the owner or his agent that
corrective action is required to be in compliance with this article. Such notice shall describe
what action is necessary to comply. The owner or his agent shall have a time period, as set
forth by the Code Compliance Division of the Zoning, Planning and Building Department,
to fulfill the landscaping requirements. Failure of compliance within the allotted time shall
be considered a violation of this section and shall subject the property owner to fines as
determined appropriate, by the Special Master of the City of Sunny Isles Beach.
C. Tree hatracking. It shall be unlawful for any person, firm or City department to hatrack any
tree.
D. Edging. Edging shall be accomplished in such a manner so as not to destroy landscaping
material.
Words added underlined.words strieden deleted(ed) Page I of 3
E. Fertilization. Fertilize landscaping material, as needed, to maintain healthy, viable growth.
Apply appropriate fertilizer to avoid symptoms of chlorosis and trace element deficiency.
Use of environmentally safe fertilizer is required. Application of fertilizer must conform to
manufacturers specifications.
F. The City of Sunny Isles Beach Public Works Department shall be responsible for tree care
and maintenance of trees located in the public rights-of-way and Cultural & Community
Services Department shall be responsible for tree care and maintenance of trees in City
parks.
Section 2. 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 3. 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 sections 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 4. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 5. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading. , I
PASSED and ADOPTED on first reading the tlii day of I`�OV£IVI�� 2018.
PASSED and ADOPTED on second reading the 2-01i.day of ! w' ( 2018.
i
George choll, Mayor
ATTES
Mauricio`Betancur CMC, City Clerk
Words added underlined.words stricken deleted(ed) Page 2 of 3
APPROV t AS TO FORM
AND L p G/ , f FICIENCY:
(p.
'ns Ottinot, City Attorney Moved by: \I I C6 01012— COLD Milsv'
Seconded by: CpNN'M19;10l\l,f_ Cikrro
Vote:
Mayor Scholl J (Yes) (No)
Vice Mayor Goldman ✓ (Yes) (No)
Commissioner Aelion ✓ (Yes) (No)
Commissioner Gatto (Yes) (No)
Commissioner Svechin (Yes) (No)
\Vords added underlined.words stricken deleted(ed) Page 3 of 3
SUNNY is, Cityof Sunny Isles Beach City Commission
Fs 7 George Bud"Scholl,Mayor
(,..:,_0:,2:-:-::,-,-;7ii,›Ata,„; 18070 Collins Avenue, Suite 250 Dana Goldman,Vice Mayor
Isaac Action, Commissioner
'' -a�" n Sunny Isles Beach, Florida 33 160
x Jeanette Gatto,Commissioner* ��c: � # (305)947-0606 City Hall Larisa Svechin,Commissioner
* ".ti (305)949-3113 Fax
,, /9 jr: e Christopher J.Russo City Manager
...6' 9)* C° SSP (305)947-2150 Building Department
c/7-)" F L o �� (305)947-5107 Fax Hans Ottinot,City Attorney
OF suo P iMauricio Betancur,Ci\IC,City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
iFROM: Hans Ottinot, City Attorney
DATE: November 15, 2018
•
RE: Amendment to Section 265-69 of the City Code to Designate the Public Works
Department and Cultural & Community Services Department as Responsible
for Tree Care.
Recommendation:
This Ordinance is presented for your consideration.
Reasons:
In order to be designated as a Tree City USA, the City's landscape Code is required to be
amended to include a provision designating the Public Works Department to be
responsible for tree care in the public rights-of-way and Cultural & Community Services
Department for tree care in the City parks.