Ordinance No. 2024-03 Amending Code Sections to Remove References to Newspaper of General Circulation - January 18, 2024 CITY OF AVENTURA ORDINANCE NO. 2024-03
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 2-339 "CONTENTS AND SERVICE OF WARNING" AND
SECTION 2-340 "CONTENTS AND SERVICE OF NOTICE" IN ARTICLE
V "CODE ENFORCEMENT" OF CHAPTER 2 "ADMINISTRATION";
AMENDING SECTION 22-54 "RATES" IN CHAPTER 22 "CABLE
COMMUNICATIONS"; AMENDING SECTION 31-71 "PROCEDURES OF
GENERAL APPLICABILITY," SECTION 31-77 "AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS AND OFFICIAL ZONING MAP,"
AND SECTION 31-241 "WIRELESS TELECOMMUNICATIONS TOWERS
AND ANTENNAS" IN CHAPTER 31 TO REMOVE ALL REFERENCES TO
NEWSPAPER OF GENERAL CIRCULATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 50, Florida Statutes, has been amended to provide for
internet website publication of legal notices; and
WHEREAS, as a more cost-effective option, the City of Aventura ("City") desires
to publish its official notices through the internet in accordance with Section 50.0211 ,
Florida Statutes; and
WHEREAS, Chapters 2, 22 and 31 of the City's Code of Ordinances ("Code")
includes language that limits the City's options to publish its legal notices to only be
published in a "newspaper of general circulation"; and
WHEREAS, the City desires to amend its Code to delete all limitations to publish
its legal notices in a newspaper of general circulation and to expand its options for
publication to include all permitted sources under Chapter 50; and
WHEREAS, the City Commission finds it is in the best interest of the City to amend
its ordinance to expand the options for publication that are authorized pursuant to
Chapter 50.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are
indicated by stFike
City of Aventura Ordinance No. 2024-03
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Chapter 2 Amended. That Chapter 2, Article V, Section
2-339, "Contents and service of warning" and Section 2-340, "Contents and service of
notice" of the Code are hereby revised to read as follows:
CHAPTER 2 — ADMINISTRATION
Article V. — CODE ENFORCEMENT
Section 2-339. - Contents and service of warning.
(c) In addition to serving the warning as set forth above, at the option and discretion
of the City Manager, the warning may also be served by publication or posting as
follows:
(1) a. The warning shall be published once during each week for four consecutive
weeks (four publications being sufficient) in a newspaper of general GiFG, labor
,n Miarni_Dade County, as speGifio,l ;n accordance with F.S. ch. 50.
Section 2-340. - Contents and service of notice.
(c) In addition to providing service of the notice as set forth above, at the option and
discretion of the City Manager, the Notice may also be served by publication or
posting as follows:
(1) a. The notice shall be published once during each week for four consecutive
weeks (four publications being sufficient) in a newspaper of general nirni lati ,n
,n Miarni_Dade County, as speGifio,l ;n accordance with F.S. ch. 50.
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City of Aventura Ordinance No. 2024-03
Section 3. City Code Chapter 22 Amended. That Chapter 22, Section 22-54,
"Rates" of the Code is hereby revised to read as follows:
(c) Subject to the City's regulation of rates as permitted under applicable Federal and
State law, should a franchisee desire to change any rate or charge, it shall submit a
written proposal for the amounts and effective date of such change to the City
Manager who shall evaluate the proposal in a manner consistent with FCC cable
television rate regulation standards or other applicable law in effect at the time and
report this evaluation to the City Commission. The City Manager's report shall be
placed before the City Commission at a duly noticed public hearing. The City will
provide written notice of the public hearing to the franchisee no later than five days
prior to the public hearing. The City may require the franchisee to notify each
subscriber, by placing an announcement of not less than one quarter page in a
newspaper of general GiFG, labor accordance with F.S. ch. 50 and/or via the cable
system, of the proposed rate change and the date and time of the public hearing, with
such notice commencing no later than 48 hours prior to time of the public hearing. ***
Section 4. City Code Chapter 31 Amended. That Chapter 31 , Section 31-71 ,
"Procedures of general applicability", Section 31-77 "Amendments to the Land
Development Regulations and Official Zoning Map"; and Section 31-241, "Wireless
telecommunications towers and antennas" are hereby revised to read as follows:
Article V. — DEVELOPMENT REVIEW PROCEDURES
Section 31-71. - Procedures of general applicability.
***
(e) Public hearing and notices procedures. *** Notice of the time and place of the
public hearing describing the nature of the application and street address of the
property shall be published in am�^wspaper of general GiFGU;atie„ irethe Got
accordance with F.S. ch. 50 not less than ten days prior to the public hearing. ***
Section 31-77. -Amendments to the Land Development Regulations and Official
Zoning Map.
***
(h) Zoning in progress, applicability, temporary hold on permits and licenses.
***
(3) Future amendments to LDR.*** The hold shall commence upon the date that
notice of zoning in progress is published in a newspaper of general nirni lati ,n in the
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City of Aventura Ordinance No. 2024-03
City accordance with F.S. ch. 50 and shall continue in effect for a period from the
date of notice until the subject change, with or without amendments, shall have been
approved or disapproved by the City Commission or for a period of three months,
whichever is sooner, unless such development application would be in conformity
with the more restrictive of the existing zoning district status or the zoning district
regulations as compared to the proposed zoning district status or zoning district
regulations. ***
Article XI. — DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY
Section 31-241. -Wireless telecommunications towers and antennas.
***
(d) General requirements/minimum standards.
***
(20) Public notice. For purposes of this section and notwithstanding any other
requirements with regard to public notice in the city's Code, any request for
a conditional use on private property shall require a public hearing that shall
be advertised at least seven days before the public hearing in
of general &G ilatien and readership in the m uniGipality accordance with
F.S. Ch. 50.***
Section 5. 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, clauses, 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 6. Inclusion in the Code. That it is the intention of the City
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 Aventura; that the sections of this
Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the
word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 7. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
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City of Aventura Ordinance No. 2024-03
The foregoing Ordinance was offered by Commissioner Stern, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Kruss and upon
being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg Yes
The foregoing Ordinance was offered by Vice Mayor Kruss, who moved its
adoption on second reading. This motion was seconded by Commissioner Joel and
upon being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg Yes
PASSED on first reading this 9th day of January, 2024.
PASSED AND ADOPTED on second reading on this 18th day of January, 2024.
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City of Aventura Ordinance No. 2024-03
H WARD S. WEINBERG, ES
MAYOR
ATTEST:
ELLISA L. HORVA MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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