08-01-2000 CC Meeting Agendantura
Citft £~mzmission
Arthur 1. Snyder, Navor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers Libert
City Yanager
Eric M. Soroka
City Clerk
Teresa 31. Soroka. CMC/:U\E
City Attorney
Weiss Scrota Helfman
Pastoriza & Guedes
AGENDA
Biscayne Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
CALL TO ORDER\ROLL CALL
9. PLEDGE OF ALLEGIANCE
ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS ~ Please be advised that the following
items on the Commission's agenda are quasi-judicial in nature, lfyou wish to object or
comment upon these items, please indicate the item number you would like to address
when the announcement regarding the quasi:iudicial item is made. You must be sworn
before addressing the Commission, and if; vu wish to address the Commission, you
may be subject to cross-examination. If you refuse to submit to cross-examination, the
Commission will not consider what you have said in its final deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA ABANDONING AN UNIMPROVED,
138-FOOT SEGMENT OF NE 208 TERRACE, LOCATED
BETWEEN BLOCKS 10 AND 11 OF THE HALLANDALE PARK
NO. 9 SUBDIVISION AND AN UNIMPROVED 205-FOOT
SEGMENT OF 10' WIDE ALLEY, LOCATED IN BLOCK 10 OF
THE HALLANDALE PARK NO. 9 SUBDIVISION; PROVIDING
FOR RECORDATION; PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE
FOR HOOTERS RESTAURANT OF AVENTURA, LOCATED AT
20301 BISCAYNE BOULEVARD, TO PERMIT THE DISPLAY
OF HOLIDAY DECORATION LIGHTS ON A YEAR-ROUND
BASIS WHERE THE SIGN CODE PERMITS THE DISPLAY OF
SUCH LIGHTS ONLY DURING A 45-DAY DESIGNATED
HOLIDAY SEASON; DENYING A SIGN VARIANCE TO
PERMIT A THIRD WALL SIGN, SIZE NOT TO EXCEED 24
SQUARE FEET IN AREA ON THE SOUTH ELEVATION OF
THE BUILDING WHERE ONLY TWO (2) WALL SIGNS ARE
ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE.
4. APPROVAL OF MINUTES:
Commission Meeting
Commission Meeting
Commission Workshop
July 11, 2000
July 24, 2000
July 24, 2000
AGENDA: Request for Deletions/Emergency Additions
SPECIAL PRESENTATIONS:
Mayor Frank Wolland, City of North Miami
Re: Regional Parks
Certificate of Appreciation to Leonard Geller
CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and
are not expected to require discussion or review. Items will be enacted by one motion. If discussion
is desired by any member of the Commission, that item must be removed from the Consent Agenda
and considered separately.
A RESOLUTION OF THE CIYY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORI£ING THE CITY
MANAGER TO EXECUTE THE ATTACHED EASEMENT
AGREEMENT TO FLORIDA POWER & LIGHT COMPANY
FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF ELECTRIC UTILITY FACILITIES FOR
THE AVENTURA GOVERNMENT CENTER PROPERTY; AND
PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute FPL easement for electrical
services for new government center)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA URGING ALL RESIDENTS NOT TO
USE HAND-HELD CELLULAR TELEPHONE DEVICES WHILE
OPERATING A MOTOR VEHICLE, AND PROVIDING AN
EFFECTIVE DATE.
2
8. PUBLIC HEARING: ORDINANCES - FIRST READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 30,
"ENVIRONMENT," BY CREATING ARTICLE VI, "PROPERTY
MAINTENANCE," PROVIDING FOR PROPERTY
MAINTENANCE STANDARDS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR
AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY CREATING CHAPTER 48
"VEHICLES; USE OF RIGHT-OF-WAY; PARKING; AND
OTHER REGULATIONS," BY CREATING ARTICLE I
"ABANDONED VEHICLES AND VESSELS;" ARTICLE lI "USE
OF RIGHT-OF-WAY; PARKING; AND OTHER
REGULATIONS;" PROVIDING PROCEDURES FOR
REMOVAL OF ABANDONED VEHICLES FOUND ON PUBLIC
PROPERTY AND/OR PRIVATE PROPERTY; PROVIDING
REGULATIONS PROHIBITING COMMERCIAL USE OF
RIGHT-OF-WAY; PROVIDING REGULATIONS CONCERNING
PARKING AND STORAGE OF CERTAIN VEHICLES AND
BOATS; PROVIDING OTHER PARKING REGULATIONS;
PROVIDING REGULATIONS CONCERNING REPAIR OF
VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR PENALTY;
PROVIDING FOR EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 30 "ENVIRONMENT" OF THE CITY
CODE BY AMENDING ARTICLE V "TERMITE DAMAGE
PREVENTION" BY AMENDING SECTION 30-180 "TERMITES;
DEVELOPMENT OF LAND; ANNUAL INSPECTION;" TO
CLARIFY AND CONFIRM APPLICABILITY TO ALL SINGLE
FAMILY, DUPLEXES, TOWNHOUSES, AND MULTI-FAMILY
DWELLINGS, AND TO REQUIRE CERTAIN HOMEOWNERS
ASSOCIATIONS TO NOTIFY INDIVIDUAL HOMEOWNERS
OF HOMEOWNERS' RESPONSIBILITY FOR COMPLIANCE
WITH ANNUAL TERMITE INSPECTION REQUIREMENTS;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR PENALTY;
PROVIDING FOR EFFECTIVE DATE.
3
9. PUBLIC HEARING: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 14
"BUILDINGS AND BUILDING REGULATIONS" BY AMENDING
SECTION 14-62 "REGISTRATIONS" TO PROVIDE FOR DATE
FOR ANNUAL RENEWAL OF CONTRACTOR REGISTRATION;
AND TO CLARIFY REGISTRATION REQUIREMENTS TO
CONFORM TO FLORIDA STATE STATUTES; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 18
"BUSINESS REGULATIONS, LICENSES AND PERMITS" BY
AMENDING SECTION 18-33(a) TO DELETE REQUIREMENT TO
FIRST OBTAIN COUNTY OCCUPATIONAL LICENSE; BY
AMENDING SECTION 18-34 TO PROVIDE FOR REQUIREMENT
OF CERTIFICATE OF USE; AND BY AMENDING SECTION 18-
42 "TAX SCHEDULE," TO REVISE THE OCCUPATIONAL
LICENSE TAX RATE FOR MANICURISTS AND TO SPECIFY
OCCUPATIONAL LICENSE TAX RATES FOR
IMPORT/EXPORT; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 45 OF THE CITY CODE BY ADDING
SECTIONS 1 THROUGH 16; PROVIDING THE TERMS AND
CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND
MAINTAINING OF A TELECOMMUNICATIONS FACILITY IN,
ON, ACROSS, ABOVE OR IN ANY MANNER WHATSOEVER
USING THE CITY'S PUBLIC RIGHTS OF WAY FOR THE
PROVISION OF TELECOMMUNICATIONS SERVICE;
PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST;
PROVIDING FOR CONFORMANCE WITH APPLICABLE
LAW; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
10. RESOLUTIONS: None
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS
4
13. REPORTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
SEPTEMBER5,2000
COMMISSION MEET1NG
6 P.M.*
*Government Center 2999 NE 191~t Street Suite 500
**Biscayne Medical Arts Building 21110 Biscayne Blvd, Suite 101
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons wbo are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305466-8901, not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the Aventura Ci~ Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record oftha
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based
Agenda items may be viewed at the Office of the CiD' Clerk, City of Aventura Governmenl Center, 2999 NE 191 ~ Street, Suite
500, Aventura, Florida, 33180 Anyone wishing to oblain a cop)' of any agenda item should contact the City Clerk at 305466-
8901.
One or more members of the City of Aventura Beautification Advisory Board m~d/or Recreatio~ and Cultural Arts Advisory Board
may be in attendance
5
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Commission fA
Brenda Kelley, Co-~elopment~///" \ Direc~
July 17, 2000
Request of Aventura Corporate Center for Abandonment of Public Right-
of-Way. (03-AR-00)
August 1, 2000 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the request for abandonment of
public right-of-way.
THE REQUEST
The applicant is requesting abandonment of an unimproved, 138-foot segment of NE
208 Terrace and an unimproved, 205-foot segment of alley. The applicant is requesting
this abandonment to facilitate a replatting of the Aventura Corporate Center property.
BACKGROUND
APPLICANT
OWNER OF PROPERTY
LOCATION OF PROPERTY
LaSalle U.S. Reality Income and Growth Fund, Inc.
City of Aventura
Unimproved NE 208 Terrace extending from NE 30
Avenue to the west approximately 138 feet, and an
unimproved alley extending from the previously
SIZE OF PROPERTY
LEGAL DESCRIPTION
SURROUNDING PROPERTIES
Zoning -
Subject Property
North
East
South
West
Existing Land Use -
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
described right-of-way of NE 208 Terrace north
approximately 205 feet to NE 209 Street.
Approximately 9,040 square feet (0.20 acres).
All that portion of NE 208 Terrace (Formerly known as
North Golden Drive)lying between Blocks 10 and 11
of HALLANDALE PARK No. 9, according to the plat
thereof, as recorded in Plat Book 23 at Page 26 of the
Public Records of Dade County, Florida, which lies
West of the Southerly projection of the East line of
said Block 10 and East of the Southerly projection of
the West line of Lot 37, Block 10 of said plat of
HALLANDALE PARK No. 9.
and
That certain 10 foot wide Alley in Block 10,
HALLANDALE PARK No. 9 according to the plat
thereof, as recorded in Plat Book 23 at Page 26 of the
Public Records of Dade County, Florida, which lies
West of the Southerly projection of the east line of
said Block 10 and east of the Southerly projection of
the West line of Lot 39, Block 10 of said plat of
HALLANDALE PARK No. 9.
OP (Office Park District)
B2 (Community Business District)
RS2 (Residential Single Family District)
B2 (Community Business District)
MO (Medical Office District)
office park
vacant; and
commercial
vacant; and
commercial
residential
commercial
2
Future Land Use- According to the City of Aventura Comprehensive Plan, the
following properties are currently designated as follows:
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Business and Office
Medium High Density Residential
Business and Office
The Site - The Aventura Corporate Center consists of two office buildings and two
parking structures on a 10-acre site. A public right-of-way for unbuilt NE 208 Terrace is
located at the east end of the site. A second right-of-way parcel is comprised of a 205-
foot segment of an unimproved 10-foot wide alley extending from the NE 208 Terrace
segment north to NE 209 Street.
The Project - The abandonment request was brought forth in connection with a
request from the petitioner to replat the Aventura Corporate Center property to facilitate
refinancing. The petitioner has deferred consideration of the request for final plat
pending the outcome of this request.
BACKGROUND
The applicant submitted a request for final plat to assemble three tracts and seventeen
small lots into a single, legal building site in one subdivision. This replatting requires the
abandonment of the two subject properties.
ANALYSIS
Before a right-of-way, or any portion of right-of-way, is abandoned by a public agency,
all public interest in it must first be extinguished. Public interest can include, but is not
limited to, maintaining an appropriate traffic circulation system, maintaining adequate
landscaping, and ensuring that utility and access easements remain available if
needed.
Roadway Level of Service - Because the existing right-of-way of NE 208 Terrace
forms a dead-end approximately 138 feet west of NE 30 Avenue, the potential
transportation benefit of the property is negligible. The potential transportation benefit of
the alley is also very limited for similar reasons. Thus, the abandonment will have no
impact on future transportation levels of service.
Utility Easements - The existing right-of-way of NE 208 Terrace now contains a 10-
foot wide utility easement. No utilities are located in this easement. Applicant proposes
to dedicate a new 10-foot wide utility easement adjacent to NE 209 Street as a part of
3
the replatting of the Aventura Corporate Center. The proposed new easement is more
conducive to the efficient installation and maintenance of future infrastructure.
Landscaping - The two right-of-way parcels contain no landscaping and are currently
vacant. The abandonment of the two rights-of-way forecloses the possibility of
improving landscaping within the corridors. To compensate for this, the applicants have
offered to donate $86,693.60 to the City for beautification purposes, an amount equal to
the estimated value of the public land ($9.59 per square foot) as determined by the
assessed value of nearby private parcels. The last previous sale of the land occurred in
March 1997 when the entire 10.34 acre Aventura Corporate Center site, including land
and all improvements, was sold for $18.15 million, or $40.31 per square foot. Staff
estimates that the present market value of vacant land in the area may be between
$19-30 per square foot.
RECOMMENDATION
It is recommended that the City Commission approve the abandonment petition
because all public interest in the subject property has been extinguished.
4
FORD, ARMENTERO$ MANUCY, INC,
May 30, 2000
Mr. Bruce Epperson, Senior Planner
City of Aventura
Community Development Department
2999 NE 191st Street, Suite 500
Aventura, Florida 33180
Re."
Public Hearing Application for Abandonment of Right-of-Way
LaSalle U.S. Realty Income and Growth Fund, Inc.
Dear Mr. Epperson:
This letter will serve as our Letter of Intent regarding the above-referenced
matter.
We are hereby requesting to abandon, vacate, close and otherwise discontinue
from public use that portion of the public right-of-way for NE 208th Terrace, lying
and running west of NE 30th Avenue for approximately 163 feet (the "Subject
Right-of-Way") where it "dead-ends" at the Aventura Corporate Center property
owned by LaSalle U.S. Realty Growth and Income Fund, Inc. Additionally, the
Subject Right-of-Way is also bounded on its north and south sides by the
Aventura Corporate Center property. A sketch showing the location of the
Subject Right-of-Way is attached hereto as Exhibit "A".
The Subject Right-of-Way is a portion of the right-of-way formerly know as North
Golden Drive (now 208th Terrace) that was dedicated by the plat of Hallandale
Park No.9 (PB 23 at Page 26) in June of 1926. That portion of the right-of-way
lying between NE 30th Avenue and Biscayne Boulevard, except for the Subject
Right-of-Way, was closed, vacated and abandoned in December of 1984 by the
plat of Biscayne Waterways First Addition (PB 126 at Page 18). At no time has
the Subject Right-of-Way ever been paved or otherwise improved for use by the
general public for vehicular, pedestrian or any other form of traffic. To this day,
the Subject Right-of-Way remains unimproved and is overgrown with plants,
trees and shrubs and is totally indiscernible from the vacant portion of the
Aventura Corporate Center property into which it protrudes. So much so, that the
owners of Aventura Corporate Center have in the past cleared the Subject Right-
of-Way of overgrown brush and debris along with the vacant portions of their
property.
EXHIBIT #1
03-AR-O0
1950 NW 94"h Avenue · ~2"" Floor · Miami, FI :33172 · Phone: :305.477.64?2 · Fax :305.470.2805
http://vcc~w, fo rdco. com
Mr. Bruce Epperson
Page 2
If this application is approved, the owners of Aventura Corporate Center hope to
incorporate the Subject Right-of-Way into their property by way of a Final Plat
that is pending approval by the City of Aventura and Miami-Bade County.
Approval of this application shall serve to benefit the public by allowing Aventura
Corporate Center to acquire a parcel of property that has remained unused,
unimproved and badly maintained throughout the years. Also, this will increase
the City of Aventura's tax base, as Aventura Corporate Center shall have to pay
real property taxes on Subject Right-of-Way parcel that was previously public
property. Additionally, the Applicant has agreed to make a monetary donation to
the City for landscaping and street lighting improvements in exchange for use of
their right-of-way areas.
Based on the foregoing, we respectfully request your department's favorable
review and recommendation of this application. Should you have any questions
or require additional information, do not hesitate to contact me.
Thank you for your department's usual courtesy and consideration.
S~cerely, ,/~
FCo~~ m e n t Consultant
cc: Anthony Moonen, via US mail w/enclosure
Q:\FORD COMPANIES\ENGINEERING & SURVEYING\CONSULTING\DOCUMENTS\98-O73.Aventura Corporate
Center. Ltr of intent to City of Aventura for right-of-way abandonment
Aventura
Ho~7~ital
Center
YACHT CLUB DR.
,"'~ WAY
I I
207 ST.
)R.
201 TER.
~,VENTURA '
Aventura POliCE
Departmenl
192 ST.
City ofAventura
Maule
Lake
188 ST. ~
33180
33~
'D
: umfoundliag
EXHIBIT #2
,-AR-O0--
LEGEND
Roadways
City Boundary
ZIP Code Boundary
Railroad
EXHIBIT #3
03-AR-O0
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ABANDONING AN
UNIMPROVED, 138-FOOT SEGMENT OF NE 208
TERRACE, LOCATED BETWEEN BLOCKS '10 AND 11 OF
THE HALLANDALE PARK NO. 9 SUBDIVISION AND AN
UNIMPROVED 205-FOOT SEGMENT OF 10' WIDE
ALLEY, LOCATED IN BLOCK 10 OF THE HALLANDALE
PARK NO. 9 SUBDIVISION; PROVIDING FOR
RECORDATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Applicant, Aventura Corporate Center, through Application No.
03-AR-00, has requested 'abandonment of an unimproved, 138-foot segment of NE 208
Terrace, located between Blocks 10 and 11 of the Hallandale Park No. 9 subdivision
and an unimproved 205-foot segment of 10' wide alley, located in Block 10 of the
Hallandale Park No. 9 subdivision, in Aventura, Florida; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 03-AR-00 for abandonment of unimproved
NE 208 Terrace extending from NE 30 Avenue to the west, approximately 138
feet, located between Blocks 10 and 11 of the Hallandale Park No. 9 subdivision
and an unimproved 205-foot segment of 10' wide alley extending from the
previously described right-of-way of NE 208 Terrace north approximately 205
Resolution No. 2000-__
Page 2
feet to NE 209 Street, located in Block 10 of the Hallandale Park No. 9
subdivision, as legally described as follows:
All that portion of NE 208 Terrace (formerly known as North Golden
Drive) lying between Blocks 10 and 11 of HALLANDALE PARK
NO. 9, according to the plat thereof, as recorded in Plat Book 23 at
Page 26 of the Public Records of Miami-Dade County, Florida,
which lies West of the southerly projection of the East line of said
Block 10 and East of the Southerly projection of the West line of
Lot 37, Block 10 of said plat of Hallandale Park No. 9.
and
That certain 10 foot wide Alley in Block 10, HALLANDALE PARK
NO. 9, according to the Plat thereof, as recorded in Plat Book 23,
at Page 26, of the Public Records of Miami-Dade County, Florida,
which lies West of the Southerly projection of the east line of said
Block 10 and east of the Southerly projection of the West line of
Lot 39, Block 10 of said plat of Hallandale Park No. 9.
(A full legal description and site map is attached as Exhibit #1).
is hereby granted.
Section 2. The City Manager is authorized to indicate such approvals and
conditions upon the records of the City.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Resolution No. 2000-
Page 3
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 1st day of August, 2000.
Arthurl. Snyder, Mayor
ATTEST:
Teresa M. Soroka, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of August, 2000.
CITY CLERK
NE 209 Street
203. tO'
7§. 48'
All that portion of tiE. 2O8th Terrace {Foreerly knaNn as I~TH
60LOEN ~IVE] lying between Blocks tO and It 'HALLANOALE PARK No.g~
according to tbs plat thereof as racorded In Plat Book 23 at ~ago
26 of the Public ~ecerde of Oade County. Florida, Nhlch lies ,est
of the Southerly proJection of the East line of said Block lO end
East of the Southerly projection of the Nostllne of Lot 37, 8lock
tO Of said plat of 'HALLA~ALE PARK NB.O'
And:
That certain lO foot mlde Alloy In Block lO ,'HALLANOALE pARK
NO. 9" according to the plat thereof as recorded In Plat Book 23 at
Page ~6 of the Public Records of Olde County Nhlch lies South of
the Nosterly projection of the North line of Lot l, Block lO of
laid plat of 'HALLANOALE PARK NO. 9' and Nhlch lies North of the
#esterly proJection of the South line of the Lot 3g, Block lO of
said plat of 'HALLANOALE PARK No. 9o.
EXHIBIT #1
N
A
NTS
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~/~
r,c
Brenda Kelley, C~elopment
July 18, 2000
Direct~
Request of Hooters Restaurant of Aventura for a sign variance to: 1)
permit the display of holiday lights on a year-round basis where the City
sign code permits the display of such lights only during the holiday
season, and 2) permit a third wall sign on the south elevation of the
building where only two wall signs are permitted by code. (03-SV-00)
August 1, 2000 City Commission Meeting Agenda Item ..~ ~
RECOMMENDATION
It is recommended that the City Commission: 1) approve with conditions the request for
sign variance to permit the display of holiday lights on a year-round basis; and 2) deny
the request for a sign variance to permit a third wall sign.
THE REQUEST
The applicant, Hooters Restaurant of Aventura, is requesting the following:
1) A sign variance to permit the display of holiday decoration lights on the inside of
windows, along the building cornice and eaves, and along a porch railing on a
year-round basis where the sign code permits the display of such lights only
during a 45-day designated holiday season; and
2) A sign variance to permit a third wall sign measuring 24 square feet in area on
the south elevation of the building where only two wall signs are permitted by
code.
(See Exhibit #1 for March 6 Letter of Intent and June 2 revision to Letter of Intent
BACKGROUND
OWNER OF PROPERTY
NAME OF APPLICANT
ADDRESS OF PROPERTY
SIZE OF PROPERTY
LEGAL DESCRIPTION
LAND USE DATA
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use-
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Future Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Prudential Insurance Company of America cio
Prudential Reality Group
Hooters Restaurant of Aventura
20301 Biscayne Boulevard
28.91 acres total for shopping center; 22,500
square feet (0.52 acres) this application
Tracts '%", "B", and "C", of the Plat of THE
PROMENADE SHOPS, according to the plat
thereof recorded in Plat Book 133, Page 39 of
the Public records of Miami-Dade County,
Florida.
B2 Community Business District
B2 Community Business District
RMF3 Multi-Family Medium Density Residential
B2 Community Business District
MO Medical Office Park District
Shopping Center
Shopping Center
Elevated Roadway Ramp
Shopping center
Elevated Roadway Ramp
Business and Office
Business and Office
Medium High Density Residential
Business and Office
Business and Office
The Site - The subject site is located at the northeast corner of NE 203 Street and
Biscayne Boulevard, and meets the criteria for a corner location as defined in the City's
sign code. It is the southwest corner of the Promenades Shops Shopping Center. (See
attached Exhibit #2 for location map and Exhibit #3 for aerial photograph).
ANALYSIS
Citizen Comments- The Community Development Department has received no
written citizen comments.
Community Development Department Analysis- On November 13, 1999 Hooters
Restaurant received a Notice of Warning from the City's Code Enforcement Office for
display of neon window signs. On March 1, 2000 the restaurant received a Notice of
Warning for the illegal display of holiday lights, another Notice of Warning for the
display of an illegal banner, and a Notice of Violation for the display of the illegal neon
window signs. After meeting with City staff, the applicant removed the offending banner
and neon window signs. The Applicant then applied for a sign variance to retain the
holiday decorative lights and add a third wall sign measuring 24 square feet in area on
the south elevation of their building. The store presently has one wall sign measuring
approximately 30 square feet in area on the east frontage of the building and one wall
sign measuring approximately 39 square feet on the west frontage. The City's sign
code permits the store one wall sign measuring 93 square feet and, because the store
meets the sign code definition of a corner location, the store would be allowed a second
wall sign of 47 square feet in area.
Criteria
The criteria for approval of sign variances as required by the City of Aventura Sign
Ordinance (No. 97-17) requires:
The sign variance maintains the basic intent and purpose of the regulations,
particularly as it affects the stability and appearance of the City and provided that
the Variance will be otherwise compatible with the surrounding land uses and
would not be detrimental to the community. No showing of unnecessary
hardship is required.
The applicant maintains that the holiday lights are consistent with the design theme
common to all Hooters Restaurants. Field inspection by City staff of other Hooters
Restaurants in other municipalities indicates that this is true. Staff is of the opinion that
the use of holiday lights as a design motif is not incompatible with surrounding uses,
which include a vacant medical office building, fast food restaurant and automobile
repair garage. Sight lines to nearby residential neighborhoods to the south and west are
now blocked by the retaining walls required by the new Biscayne Boulevard/Ives Dairy
Road elevated roadway. The holiday lights are not a distraction to passing motor
vehicles and do not blink or otherwise fall under the definition of attention getting
devices as contained in the City's sign code.
However, staff believes that the third wall sign is not compatible with surrounding uses.
While a sign on the south elevation of the building is not inconsistent with the need to
direct potential patrons traveling along the perimeter of the shopping center to the store,
staff believes that existing west wall sign no longer serves a useful directional purpose
due to the reconfiguration of entrances into the shopping center as a result of the new
Biscayne Boulevard/Ives Dairy Road interchange. The presence of three walls signs is,
in the judgement of Staff, excessive and contributes to visual pollution. In addition, the
Applicant proposes that the new sign be installed using a raceway mounting system.
(The two existing wall signs also use raceways.) The City's sign code discourages the
installation of raceway signs except in the case of extreme hardship as unsightly. Staff
does not believe that it is appropriate to grant a variance for an additional sign and the
use of a raceway.
RECOMMENDATION
It is recommended that the City Commission:
1. Approve the request for sign variance to permit the display of holiday lights on a
year-round basis with the following conditions:
a) The approval shall be granted exclusively to the applicant.
b) The sign variance shall be terminated in the event that the City Commission
determines, after a public hearing, that the variance has created and/or may tend
to create a disturbance to the community. A public hearing shall be set if the
Community Development Director finds probable cause to believe that a
disturbance has been created, based upon complaints received or the Director's
observation.
and;
2. Deny the request for a sign a variance to permit a third wall sign.
IERS
HAWKEYF. CONS'rRuc'I~ON OF SOUTH FLOI~DA ZNC,
4411 CLEVELAND AVE
FT. MYERS, FLORIDA 33901
941-275-6339 FAX 941-275-3404
MOBZLE 954-294-0099
TO: BRUCE EPPERSON
FROM: ANDRU R RAMKER
DATE: 3.6.00
RE: HOOTER5 OF AVENTURA
AS YOU KNOW WE HAVE RECEZVEb ACT. TATT. ON AND BEEN FI:NEb FOR
VO]:LA'I"[NG THE AVENTURA SZGN ORD]:NANCE. THANK YOU FOR TAKING
THE TIME TO MEET WZTH WZLL, THE GENERAL MANAGER, AND
bTSCUSST. NG THE ]~SSUES W'[TH ME.
THE SPECIF]:C VT. OLA TT. ONS ARE AS FOLLOWS: 1. CHRISTMAS LIGHT5 ZN THE WZNbOW5 AND ON THE ROOF
2. ! BEER NEON IN THE W]:NbOW
3. MENU ITEM NEONS IN THE W'[NbOW5
4. AN EVENT BANNER WAS LOCATED ON THE bECK
AS IN EVERY COMMUNITY WHERE WE OPERATE A RESTAURANT, WE
TNTEND TO BE GOOD NEZGHBORS. PLEASE CONSIDER THE FOLLOWZNG:
1. THE BEER NEON AND BANNER HAVE BEEN REMOVED.
2. THE DOT CONSTRUCT'[ON AROUND THE PROMANADE SHOPS HA5
PRESENTED SEVERAL CHALLENGES TO US AS WELL A5 THE OTHER
BUST. NESSES. THERE ARE VERY LARGE b'rRT PTLE5 TN FRONT OF
OUR RESTAURANT, ENTRANCES TO THE MALL HAVE BEEN CLOSED,
A5 WELL A5 THE GENERAL CONSRUGTT. ON MESS AND bUST.
EXHIBIT #1
4411 Cleveland Avenu, 03-SV-00 la 33901 · (941) 275-6339
3. NONE OF THE ITEMS LISTED IN THE CITATION ARE LIFE
THREATNING OR LIFE/SAFETY ISSUES.
4. THE MENU ITEM NEONS IN THE W~NDOWS ARE ONE COLOR AND
ARE CONSISTANT WITH OTHER 5IGNAGE ON THE PROPERTY.
5. THE CHRISTMAS LIGHTS ARE A REQUIRED NATIONAL
T~ADEMARK BUILDING CRITERIA ITEM AND ARE ALSO A
COMPONET OF THE HOOTERS AMBIENCE.
6. WE ARE GOOD NEIGHBORS AND SUPPORT MANY CHARITABLE
ORGANIZATIONS IN THE AVENTURA AREA.
WE WANT THE OPPORTUNITY TO KEEP THE CHRISTMAS LIGHTS AND MENU
ITEM NEONS. WE UNDERSTAND THAT WE MUST F~LE FOR A VARIANCE TO
KEEP OUR CHRISTMAS LIGHTS AND MENU RELATED NEONS. FURTHERMORE,
WE UNDERSTAND THAT THE COST FOR THIS PROCESS W~TH MAILINGS 7.5
ABOUT $[§00.00.
PLEASE CONSIDER ONE OF THE FOLLOWING ALTERAT~VE5 FOR A
MUTUALLY ACCEPTABLE SOLUTION.
1. ALLOW US TO ADDRE55 THIS ENTIRE ISSUE WHEN THE
COSTI~UC]'T. ON IS COMPLETED BECAUSE OF THE HARDSHIP THE
CONSTRUCTION PRESENTS.
2. WE APPLY FOR A VARIANCE TO KEEP THE CHRISTMAS LIGHTS AND
NEONS LIGHTS AT THIS T~ME.
PLEASE ADVISE US AS TO WHAT WE MUST bO NEXT. THANK YOU FOR
YOUR ASSISTANCE.
HAWKEYE CONS'rRUCTZQN OF 5OUTH FLORZDA ['NC,
4411 CLEVELAND AVE
FT, MYERS, FLORIDA 33901
941-275-6339 FAX 941-275-3404
MOBILE 954-294-0099
TO: BRUCE EPPERSON
FROM: ANDRU !~ RAMKER
DATE: 6.2.00
RE: HOOTERS OF AVENTUP, A
THIS TS IN FOLLOW UP TO OUR CZTY DEVELOPMENT REVZEW COMMITTEE
MEE'rZNG REGARDING OUR 5ZGN/CHRZSTMAN L~GHT$ APPLZCAT':ON. THANK
YOU FOR ALL OF YOUR A$ST.$TANCE.
WE WANT TO AMEND OUR APPLZCAT~ON AS FOLLOWS;
1. THE HOL'rDA¥ LZGHT5 REMAZN ~N THE RE(~UEST.
2. REMOVE THE REQUEST FOR THE WT. NDOW NEONS, ZN LZEU OF
~05E SZ~N5, ~STA~ A WALL SZGN 2'-O" X 14'-0' ON THE
SOUTH SZDE OF THE BUZLDZN6 FA~ THE NEW OV~PASs. WE
UND~STAND THAT THZS S~ 5~N ~S ~TH~N OU~ ALLOWABLE
S~UA~E FOOTAGE FOE ~ZS PROP~. THZS 5~6N WZLL NOT 8E
~S~BLE F~OM A~ RES[D~AL AREA.
ONCE A~AT.N, THANK YOU FOR YOUR HELP.
PS ...... OUR POLE 5:GN WA5 REMOVED ON OR ABOUT 5.25.00.
4411 Cleveland Avenue · Ft. Myers, Florida 33901 · (941) 275-6339
DAD~ COUNTY
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201 TER.
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Mall
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33180
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City Boundary
03-SV-O0
S
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A SIGN
VARIANCE FOR HOOTERS RESTAURANT OF
AVENTURA, LOCATED AT 20301 BISCAYNE
BOULEVARD, TO PERMIT THE DISPLAY OF HOLIDAY
DECORATION LIGHTS ON A YEAR-ROUND BASIS
WHERE THE SIGN CODE PERMITS THE DISPLAY OF
SUCH LIGHTS ONLY DURING A 45-DAY DESIGNATED
HOLIDAY SEASON; DENYING A SIGN VARIANCE TO
PERMIT A THIRD WALL SIGN, SIZE NOT TO EXCEED 24
SQUARE FEET IN AREA ON THE SOUTH ELEVATION OF
THE BUILDING WHERE ONLY TWO (2) WALL SIGNS
ARE ALLOWED BY CODE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District, a non-residential district; and
WHEREAS, the Applicant, Hooters Restaurant of Aventura, through Application
No. 03-SV-00, has requested the following:
1) A sign variance to permit the display of holiday decoration lights on the inside of
windows, along the building cornice and eaves, and along a porch railing on a
year-round basis where the sign code permits the display of such lights only
during a 45-day designated holiday season; and
2) A sign variance to permit a third wall sign measuring 24 square feet in area on
the south elevation of the building where only two (2) wall signs are permitted by
code.
Resolution No.
Page 2
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances to the extent the application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 03-SV-00 for Sign Variance to permit the display of
holiday decoration lights on the inside of windows, along the building cornice and
eaves, and along a porch railing on a year-round basis where the sign code permits the
display of such lights only during a 45-day designated holiday season, on property
legally described as:
Tracts "A", ~B", and "C", of the Plat of THE PROMENADE SHOPS, according to
the plat thereof recorded in Plat Book 133, Page 39 of the Public records of
Miami-Dade County, Florida.
aka
Hooters Restaurant
20301 Biscayne Boulevard
is hereby granted exclusively to the applicant.
Section 2. Request for a Sign Variance to permit a third wall sign measuring
24 square feet in area on the south elevation of the building where only two (2) wall
signs are permitted by code is hereby denied.
Section 3. This Resolution shall become effective immediately upon its
adoption.
Resolution No.
Page 3
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 1st day of August, 2000.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Soroka, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of August, 2000.
CITY CLERK
ERS
/
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4411 Cleveland Avenue . Ft. Myers, Florida 33901 . (941) 275-6339
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A~t~,.~ O~ MINUTES Biscayne MedicalAits Center
~ CITY COMMISSION MEETING 21110 Biscayne Boulevard Suite 101
TUESDAY, JULY 11, 2000 6 PM Aventura, FlorkJa 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:30 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin,
Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow, Mayor Snyder,
City Manager Eric M Soroka, City Clerk Teresa M. Soroka, and City Attorney David M.
Wolpin. Commissioner Ken Cohen was absent due to illness. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Ginger Grossman led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
Ex-parte communications by Commissioners, if any, were disclosed and filed
with the City Clerk in accordance with Ordinance 96-09. All witnesses giving
testimony in these hearings were sworn in by the City Clerk.
Vice Mayor Perlow left the meeting at this time.
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ABANDONING A 307-FOOT SEGMENT OF NE
27 COURT, LOCATED NORTH OF NE 211 STREET BETWEEN BLOCK
I AND BLOCK J OF THE HALLANDALE PARK NO. 6 SUBDIVISION;
PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. A motion for approval was
offered by Commissioner Rogers-Libert and seconded by Commissioner
Holzberg. Mayor Snyder opened the public hearing. There being no speakers,
the public hearing was closed. The motion for approval passed unanimously
and Resolution No. 2000.41 was adopted.
Vice Mayor Perlow returned to the meeting at this time,
B. Mr. Wolpin read the following motion:
MOTION TO AUTHORIZE EXTENSION OF APPROVALS GRANTED TO
APPLICANT, KENNETH MARLIN, FOR PROPERTY LOCATED
BETWEEN NE 206 STREET AND NE 207 STREET ON THE EAST SIDE
OF EAST DIXIE HIGHWAY IN ACCORDANCE WITH RESOLUTION
NO. 99-39 ADOPTED ON AUGUST 3, 1999 FOR AN ADDITIONAL SlX
(6) MONTH PERIOD FROM AUGUST 3, 2000 TO FEBRUARY 3, 2001.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. A motion for approval was
offered by Commissioner Beskin and seconded by Commissioner Berger.
Mayor Snyder opened the public hearing. The following individual addressed
the Commission: Gary Nesbitt, Esq., on behalf of the applicant. There being no
further speakers, the public hearing was closed. The motion passed
unanimously.
C. Mr. Wolpin read the following motion:
MOTION TO AUTHORIZE EXTENSION OF TEMPORARY TRAILER
BUILDING PERMIT FOR THE CHABAD HOUSE OF NORTH DADE
Correspondence provided to Commission from applicant's counsel enclosing
conditional mortgage approval from lender with anticipated closing date within
approximately 60 days.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the June 6, 2000
Commission meeting, June 14, 2000 Visioning Session and June 27, 2000
Commission Workshop Meeting was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Perlow and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Bill
Nathanson, owner of Turnbagel requested that he be added to the agenda. A
motion for approval was offered by Commissioner Berger, seconded by
Commissioner Rogers-Libert and unanimously passed. Mr. Nathanson addressed
the Commission regarding signage for his business near FDOT construction. City
Manager to confer with FDOT regarding assistance to the businesses affected by
the construction.
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously
passed and the following action was taken:
A. Resolution No. 2000-42 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 00-5-31-3, BISCAYNE 5/6 AND
2
FEC LANDSCAPE BUFFER, TO VILA & SON LANDSCAPING
CORPORATION AT THE BID PRICE OF $1,179,980.00;
AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING
FOR THE APPROPRIATION AND ALLOCATION OF FUNDS
FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE
DATE.
The following motion was approved:
MOTION TO APPROVE AND PROCEED WITH PHASE II OF
CULTURAL CENTER FEASIBILITY STUDY
Resolution No. 2000-43 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A REPLAT OF TRACT TT, SE 1/4
OF SECTION 35, TOWNSHIP 51 SOUTH, RANGE 42 EAST CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR
RECORDATION; PROVIDING AN EFFECTIVE DATE.
Resolution No. 2000-44 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A FINAL PLAT OF BElT EDMOND
J. SAFRA SYNAGOGUE LYING IN THE NW % OF SECTION 2,
TOWNSHIP 52 SOUTH, RANGE 42 EAST CITY OF AVENTURA, MIAMI-
DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION;
PROVIDING AN EFFECTIVE DATE.
Resolution No. 2000-45 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY OF AVENTURA; DESCRIBING THE MANNER OF
DISPOSAL; AUTHORIZING CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR EFFECTIVE DATE.
Resolution No. 2000-46 was adopted as follows:
3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, REQUESTING THE MIAMI-DADE COUNTY
SCHOOL BOARD TO CONSTRUCT AN ELEMENTARY SCHOOL
WITHIN THE CORPORATE LIMITS OF THE CITY TO SERVE THE
GROWING SCHOOL-AGE POPULATION AND ALLEVIATE
OVERCROWDING IN AREA ELEMENTARY SCHOOLS; AUTHORIZING
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR EFFECTIVE
DATE.
PUBLIC HEARINGS: ORDINANCES - FIRST READING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
THE CITY CODE BY AMENDING CHAPTER 14 "BUILDINGS AND
BUILDING REGULATIONS" BY AMENDING SECTION 14-62
"REGISTRATIONS" TO PROVIDE FOR DATE FOR ANNUAL RENEWAL
OF CONTRACTOR REGISTRATION; AND TO CLARIFY REGISTRATION
REQUIREMENTS TO CONFORM TO FLORIDA STATE STATUTES;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded
by Commissioner Rogers-Libert. Mayor Snyder opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
THE CITY CODE BY AMENDING CHAPTER 18 "BUSINESS
REGULATIONS, LICENSES AND PERMITS" BY AMENDING SECTION
18-33(a) TO DELETE REQUIREMENT TO FIRST OBTAIN COUNTY
OCCUPATIONAL LICENSE; BY AMENDING SECTION 18-34 TO
PROVIDE FOR REQUIREMENT OF CERTIFICATE OF USE; AND BY
AMENDING SECTION 18-42 "TAX SCHEDULE," TO REVISE THE
OCCUPATIONAL LICENSE TAX RATE FOR MANICURISTS AND TO
SPECIFY OCCUPATIONAL LICENSE TAX RATES FOR
IMPORT/EXPORT; PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Beskin. Mayor Snyder opened the public
4
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 45 OF THE CITY CODE BY ADDING SECTIONS 1
THROUGH 16; PROVIDING THE TERMS AND CONDITIONS FOR THE
ERECTING, CONSTRUCTING, AND MAINTAINING OF A
TELECOMMUNICATIONS FACILITY IN, ON, ACROSS, ABOVE OR IN
ANY MANNER WHATSOEVER USING THE CITY'S PUBLIC RIGHTS
OF WAY FOR THE PROVISION OF TELECOMMUNICATIONS
SERVICE; PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST; PROVIDING
FOR CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded
by Commissioner Berger. Mayor Snyder opened the public hearing. The
following individuals addressed the Commission: Braulio Baez, Esq., the
City's telecommunications counsel; Paul Durelly, Esq., Greenberg Traurig.
There being no further speakers, the public hearing was closed.
Commissioner Beskin and Mr. Baez noted scrivener's errors. A motion to
amend the ordinance to provide correction of these errors was offered by
Commissioner Beskin, seconded by Commissioner Rogers-Libert and
unanimously passed. Mr. Baez to review and address concerns
expressed by Vice Mayor Perlow prior to second reading. The motion for
approval, as amended, passed unanimously by roll call vote.
PUBLIC HEARING: ORDINANCES - SECOND READING: Mr. Wolpin read
the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY
ORDINANCE 99-09; BY AMENDING CHAPTER 9 "SIGN
REGULATIONS;" BY AMENDING SECTION 901.11 "NON-
CONFORMING SIGNS;" BY AMENDING SECTION (B) "EXCEPTION
TO AMORTIZATION SCHEDULE;" BY AMENDING PARAGRAPH 3
THEREOF, SO AS TO PROVIDE FOR THE EXPIRATION OF THE
EXEMPTION OF OFFICE BUILDING WALL SIGNS FROM THE
AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF
ALLOWING NON-CONFORMING OFFICE BUILDING WALL SIGNS
WHICH EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON
5
10.
11.
SUCH EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Vice Mayor Perlow Mayor Snyder opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote and Ordinance No. 2000-18
was enacted.
RESOLUTIONS: None.
OTHER BUSINESS:
MOTION AND POSSIBLE ACTION RE: TERMITE ORDINANCE
(Vice Mayor Perlow)
Vice Mayor Perlow discussed his concerns regarding the definition of a
residential building and whether or not this should be clarified for public
responsiveness to the ordinance. Consensus that present ordinance be
amended to require master associations of single family homes to provide notice
to homeowners of the requirements for reporting under the terms and conditions
of the subject ordinance.
12. PUBLIC COMMENTS: Ginger Grossman, Country Club Drive; and Mike
Calhoun, 3720 Colllins Avenue.
13.
14.
REPORTS: As presented.
ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 7:40 p.m.
Approved by the Commission on
Teresa M. Soroka, CMC, City Clerk
,2000.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
6
Av ntC.
ufa
MINUTES
COMMISSION MEETING
MONDAY, JULY 24, 2000 9 AM
Aventura Government Center
2999 NE 191s~ Street #500
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL. The meeting was called to order at 9:00 a.m.
by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2, OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Soroka gave a
powerpoint presentation showing an overview of the financial performance of the City
over the last five years. He then reviewed the proposed 2000/01 budget document, as
follows:
A. GENERAL FUND, including Revenues, General Government
Departments (City Commission, City Manager, Finance Support Services, Legal,
City Clerk), Public Safety Department, Community Development Department,
Community Services Department, Non-Departmental and Capital Outlay.
A motion for approval of the General Fund Budget Revenues was offered by
Commissioner Berger, seconded by Commissioner Rogers-Libert and
unanimously passed.
Commissioner Cohen requested that consideration of the City Commission
budget be deferred until later in the meeting.
A motion to approve the City Manager budget was offered by Commissioner
Beskin, seconded by Commissioner Rogers~Libert and unanimously passed.
A motion to approve the Finance Support Services budget was offered by
Commissioner Rogers-Libert, seconded by Commissioner Holzberg and
unanimously passed.
A motion to approve the Legal Department budget was offered by Commissioner
Holzberg, seconded by Commissioner Rogers-Libert and unanimously passed.
A motion to approve the City Clerk budget was offered by Commissioner Rogers-
Libert, seconded by Commissioner Holzberg and unanimously passed.
A motion to approve the Public Safety budget was offered by Commissioner
Holzberg, seconded by Commissioner Rogers-Libert and unanimously passed.
A motion to approve the Community Development Department budget was
offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg,
and unanimously passed.
A motion to approve the Community Services Department budget was offered by
Commissioner Rogers-Libert, seconded by Commissioner Berger and
unanimously passed.
A motion to approve the Non-Departmental budget was offered by Commissioner
Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed.
A motion to approve the Capital Outlay budget was offered by Commissioner
Rogers-Libert, seconded by Commissioner Beskin and unanimously passed.
Discussion ensued as to Commission travel and expenses. A motion to approve
the City Commission budget was offered by Commissioner Rogers-Libert,
seconded by Commissioner Berger and unanimously passed.
B. Mr. Soroka read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING A PROPOSED MILLAGE
RATE FOR THE 2000/01 FISCAL YEAR; PROVIDING FOR THE DATE,
TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER THE
PROPOSED MILLAGE RATE AND TENTATIVE BUGET; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution, which establishes a millage rate for the
2000/01 fiscal year of 2.227 per $1,000 of taxable assessed value, was offered
by Commissioner Rogers-Libert, seconded by Commissioner Holzberg
unanimously passed and Resolution No. 2000-47 was adopted.
C. POLICE EDUCATION FUND: A motion for approval was offered by
Commissioner Rogers-Libert, seconded by Commissioner Holzberg and
unanimously passed.
D. STREET MAINTENANCE FUND: A motion for approval was offered by
Commissioner Rogers-Libert, seconded by Commissioner Holzberg and
unanimously passed.
E. POLICE CAPITAL OUTLAY IMPACT FEE FUND: A motion for approval
was offered by Commissioner Holzberg, seconded by Commissioner Rogers-
Libert and unanimously passed.
2
F. PARK DEVELOPMENT FUND: A motion for approval was offered by
Commissioner Rogers-Libert, seconded by Commissioner Holzberg and
unanimously passed.
G. DEBT SERVICE FUND: A motion for approval was offered by
Commissioner Rogers-Libert, seconded by Commissioner Beskin, and
unanimously passed.
H. CAPITAL CONSTRUCTION FUND: A motion for approval was offered by
Commissioner Rogers~Libert seconded by Commissioner Holzberg, and
unanimously passed.
I. STORMWATER UTILITY FUND: A motion for approval was offered by
Commissioner Rogers-Libert, seconded by Commissioner Holzberg and
unanimously passed.
J. POLICE OFF-DUTY SERVICES FUND: A motion for approval was offered
by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and
unanimously passed.
Mr. Soroka announced that the budget public hearings are scheduled for
September 5, 2000 and September 19, 2000 at 6 p.m. at the Biscayne Medical
Arts Building.
ADJOURNMENT: After motion made, seconded and unanimously passed, the
meeting adjourned at 11:06 a.m.
Teresa M Soroka, CMC, City Clerk
Approved by the Commission on August
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
me~ing or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
3
nmra
MINUTES
COMMISSION WORKSHOP MEETING
MONDAY, JULY 24, 2000
Aventura Govemment Center
2999 NE 191st Street #500
Aventura, Florida 33180
The meeting was called to order at 11:10 a.m. by Mayor Arthur I. Snyder. Present were
Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Patricia
Rogers-Libert, Vice Mayor Jeffrey M. Pertow, Mayor Snyder, City Manager Eric M.
Soroka, City Clerk Teresa M $oroka, and City Attorney David M. Wolpin. As a quorum
was determined to be present, the meeting commenced.
1. INCORPORATION RESOLUTION: Commissioner Rogers-Libert discussed a
proposed resolution the Dade League of Cities' requested the City adopt regarding
incorporation restrictions proposed by the County.
CITY MANAGER SUMMARY: No action taken.
2. WINDSTORM LEGISLATION: Commissioner Rogers-Libert requested that we add
to our next legislative agenda support of proposed windstorm legislation.
CITY MANAGER SUMMARY: Consensus to proceed.
3. GUN LOCK RESOLUTION: Commissioner Rogers-Libert informed the Commission
of recent gun legislation passed by the City of South Miami requiring locks on all fire
arms.
CITY MANAGER SUMMARY: No action necessary.
4. CELL PHONE .LEGISLATION: Commissioner Cohen requested the Commission
adopt a resolution urging residents not to use hand held cell phones while driving.
CITY MANAGER SUMMARY: Consensus to place resolution on the next
Commission agenda.
Mr. Soroka distributed response from the City's health care provider regarding health
insurance for Commissioners. No action was taken.
ADJOURNMENT: There being no further business to come before the Commission at
this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 11:55 a.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission
Eric M. Sor°ka, C~.~'~
July 26, 2000
Easement Agreement for Government Center
August 1, 2000 City Commission Meeting Agenda Item '~l*t
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Easement Agreement for FPL to install permanent electric utility facilities for the
Government Center.
EMS/aca
Attachment
CC0903-00
RESOLUTION NO. 2000-._
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED EASEMENT
AGREEMENT TO FLORIDA POWER & LIGHT COMPANY
FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF ELECTRIC UTILITY FACILITIES FOR
THE AVENTURA GOVERNMENT CENTER PROPERTY;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute the attached Easement
Agreement to Florida Power & Light Company for the construction, operation and
maintenance of electric utility facilities for the Aventura Government Center property.
Section2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
who
moved its adoption, The motion was seconded by Commissioner
, and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
Resolution No. 2000-
Page 2
PASSED AND ADOPTED this 1 ~ day of August, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ClTY ATTORNEY
Work Order No.
Sec. 3, Twp 52S, Rge 42E
Parcel I.D.#
(Mamtak~ed by County Appraiser)
EASEMENT
This instrument was prepared by:
Lillian Arango de la Hoz, Esq.
Weiss Serota Helfman
Pustoriza & Guedes, P.A.
2665 S. Bayshore Drive, g420
Miaim, FL 33131
The undersigned, in consideration of the payment of $10.00 and other good and
valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its licensees,
agents, successors, and assigns, an easement forever for the construction,
operaUon and maintenance of overhead and underground electric utility facilities
(including wires, poles, guys, cables, conduits and appurtenant equipment) to be
installed from time to time; with the right to reconstruct, improve, add to,
enlarge, change the voltage, as well as, the size of and remove such facilities or
any of them within an easement 10 feet in width described as follows:
Reserved for Circuit Court
SEE EXHIBIT "A" ATTACHED HERETO FOR SKETCH AND LEGAL DESCRIPTION
This easement also includes the right to install, operate and maintain within and without our transformer
vaults/mats and their associated duct lines certain transformers, raceways, cables and all necessary appurtenances
for furnishing electric service to us and other, together with the right of ingress and egress to your employees for
the purpose of installing, operating, and maintaining the above mentioned pan of your distribntion.
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and
lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress
and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and
other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or
dangerous tress or limbs outside of the easement area which might interfere with or fall upon the lines or systems of
communications or power transmission or distribution; and further grants, to the fifllest extent the undersigned has
the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and
across the roads, streets or highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on day of
,2000.
Signed, sealed anddelivered
in the presenceof:
TEP~k M. SORO~MC/4~AE
CITY CLERK ~ t
CITY OF AVENTURA,
a Florida municipal corporation
By: EP~I~ N~.~- S~OKA,~ANAGER
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
STATE OF AND COUNTY OF
before me this ___ day of _, 2000, by
is(are) personally known to me or has(have) produced
identification, and who did(did not) take an oath·
· The foregoing instrument was acknowledged
· who
Notary Public, Signature
Print Name:
My Commission Expires:
CARNAHAN · PROCTOR- CROSS, INC.
CERTIFICATE OF AUTHORIZATION NO. LB 2936
6101 WEST ATLANTIC BLVD,, MARGATE, FL 33063
PHONE (954)972-3959 FAX (954)972~.~78 E-MAIL: margate@camahan-pmctor.com
DESCRIPTION AND SKETCH
(NOT A SURVEY}
F.P.L EASEMENT - AVENTURA GOVERNMENT CENTER
LEGAL DESCRIPTION
A PORTION OF TRACT II. "FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB", AS RECORDED IN
PLAT BOOK 99 AT PAGE 20 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLy DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT I[; THENCE SOUTH 87°35'46" WEST, ALONG
THE SOUTH LINE OF SAID TRACT II, A DISTANCE OF 472.98 FEET; THENCE NORTH 02°24'14' WEST. A
DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87°35'46" WEST, ALONG THE
NORTH LINE OF A UTIL[TY EASEMENT, AS RECORDED iN OFFICIAL RECORDS BOOK 12805 AT PAGE 2184
AND OFFICIAL RECORDS BOOK 12363 AT PAGE 1680, BOTH OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, A DISTANCE OF 10.00 FEET; THENCE NORTH 01°29'51" WEST, A DISTANCE OF 31.94
FEET; THENCE NORTH 30~59'24" EAST, A DISTANCE OF 183.33 FEET; THENCE NORTH 87°10'58'' EAST, A
DISTANCE OF 4.17 FEET; THENCE SOUTH 02°49'02" EAST, A DISTANCE OF 11.74 FEET; THENCE SOUTH
30°59'24' WEST, A DISTANCE OF 172.97 FEET; THENCE SOUTH 01°29'51" EAST, A DISTANCE OF 28.87
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CiTY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA.
NOTES
l, THIS SKETCH IS NOT VALID WITHOUT THE S!E,NATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS. INC. AND SHALL NOT BE USED OR REPRODUCED iN
WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZ~.TION.
3. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS RESERVAT ONS RiGHTS-OF-WAY AND RESTRICTIONS OF
RECORD.
4~ ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED.
5. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS-OF-WAY.
EASEMENTS, RESERVATIONS, AND OTHER SIMiLaR MATFERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION
NEED BE OBTAINED.
6. THIS IS NOT A SURVEY,
ABBREVIATIONS
A= A~C LENGTH
SURVEYOR'S CERTIFICATION
HEREBY CERTIFY THAT THE DESCRIPTION AN~ SKETCH SHOWN HEREON COMPLIES WITH
MINIMUM TECHNICAL STANDARDS FOR SURVEYS -~ $ CONTAINED IN CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE CODE. PURSUANT TO SECTION ,,?2.027. FLORIDA STATUTES, AND THAT SAID
DESCRIPTION AND SKETCH IS D CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
S L1RVEYOR~.ND MAPPER ~' DATE OF LAST FIELD WORK; NOT A SURVEY
FLORIDA LICENSE NO. LS 5111
AVEN'F[JRAGOVERNMENTCENTER ~ JOBNO.: 980213 ~ DATE: 7/13/00 SHEET1
OF 2 SHEETS
N87o 10'58"E
/IS02' 49'02"E
.~,/ /5% TRACT II
~;/ /~ "FIFTH ADDITION BISCAYNE YACHT
.,.~, ~.-~ AND COUNTRY. CLUB"
~/ ~.,%, (P.B. 99, PG. 20, D.C.R.)
# · '"-... 10' FLORIDA POWER AND
· · LIGHT CO. EASEMENT
e ,; ............... :_: .......................
....... ~-~--~2b' UTILITY EASEMENT
S~, ,~ _P'O'B' ................. _-£
....... z-J--J~ ...... ElSE .............. , ...........
N02* 24'14"W /' (O.R.B. 12363, PG. ~680, D.C.R.)
25.00' /
_ ,,/' ss~" ~s'~"w ~V2.~B' P.O.C.
---------------- ~ SOUTH LINE TRACT II
S.E. CORNER
TRACT il
TRACT "Q"
"MARINA DEL REY REVISED ADD."
(P.B, 144, PG. 89, D.C.R.)
I0' FPL ESMT
SHEET 2 OF 2 SHEETS
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ~,.~.~ f
Eric M. Sorok~ ·
JUR~Ys~u't~o0n0;egarding~obile Phone Use
August 1, 2000 City Commission Meeting Agenda Item 7B
Attached is the subject resolution your review and approval as discussed at the July
Workshop Meeting
EMS/tms
attachment
RESOLUTION NO. 2000~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA URGING ALL
RESIDENTS NOT TO USE HAND-HELD CELLULAR
TELEPHONE DEVICES WHILE OPERATING A MOTOR
VEHICLE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura is concerned about the
number of accidents caused by drivers using hand-held cellular telephone devices
while operating a motor vehicle; and
WHEREAS, the City Commission deems it to be in the best interests of all
residents that hand-held cellular telephone devices not be used while operating a
motor vehicle; and
WHEREAS, the City Commission supports the use of hands-free cellular
telephone devices while operating motor vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission urges all residents not to use hand-held
cellular telephone devices while operating a motor vehicle.
Section 2. The City Commission supports the use of hands-free cellular
telephone devices while operating motor vehicles.
Section2. This Resolution shall become effective immediately upon its
adoption.
Resolution No. 2000-
Page 2
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 1" day of August, 2000.
who
, and
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~/"--1
Eric
M
Soroka, C,~ apge~ f
Brenda Kelley, ~muhi~D~elopment------ Direct~
July 19, 2000
Ordinance Providing for Property Maintenance Standards
Reading August 1, 2000 City Commission Meeting Agenda Item
2nd Reading September 5, 2000 City Commission Meeting Agenda Item
Recommendation
It is recommended that the City Commission adopt the attached Ordinance to provide for
stricter property maintenance standards.
BackRround
This ordinance will provide stricter standards than those currently contained in the County
Code and Code Compliance regulations by which to require property owners to maintain
their property. This Ordinance was prepared to address maintenance issues in the areas
of the Hospital District and Thunder Alley. The main points are as follows:
· Prohibits weeds, grass or undergrowth to grow to a height to exceed 12", except for
the first 100' of depth of the property, which cannot exceed a height of 8";
· Prohibits tree branches that are below a height of 7' above the ground;
· Prohibits rubbish, trash, debris, dead trees/plants, depressions or excavations or any
other condition which may make possible the propagation of mosquitoes;
· Requires property owners and occupants to maintain the swale area (that area
between their property line and the street curb or edge of pavement);
Requires property owners to keep the exterior of the premises and structures free of all
nuisances and hazards;
Requires property owners to keep the exterior of the premises and structures
maintained so that the appearance shall not constitute a blighting factor for adjoining
properties - this includes painting, graffiti, roof conditions, etc. - This does not regulate
colors.
Requires property owners to maintain lawns, hedges, trees, plants, ground covers and
all other landscaping components in a healthy, neat and trimmed fashion;
Requires that sidewalks, driveways and parking lots be maintained free of litter, stains,
cracks, debris or obstructions of any kind;
Requires that signs, lights, awnings, fences, walls, mechanical equipment, garbage
cans, etc. be maintained in a neat appearance;
Prohibits storage of equipment and materials relating to commercial or industrial uses
to be visible from the sidewalk, street, or other public area (this includes such things
as shopping carts, dumpsters, etc.);
Prohibits open outside storage of materials, supplies, products, equipment,
recreational or marine vehicles, etc., relating to commemial or industrial uses, unless
the area is effectively screened from direct view at ground level from any street or
adjacent property.
Please feel free to contact me with any questions you may have.
/staff report/071400 property maint
2
ORDINANCE NO. 2000-
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 30, "ENVIRONMENT," BY CREATING
ARTICLE VI, "PROPERTY MAINTENANCE," PROVIDING
FOR PROPERTY MAINTENANCE STANDARDS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR PENALTY;
AND PROVIDING FOR AN EFFECTIVE DATE.
IT 1S HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30, "Environment," of the City Code of the City of Aventura
is hereby amended by creating Article VI, "Property Maintenance," to read as follows:
Article VI. Property, Maintenance.
Sec. 30-190. Grass, Weeds, Plant Growth, and Debris.
(1) It shall be unlawful for any owner or occupant of any lot,
parcel or tract of land within the city, whether said lot, parcel, tract
of land is improved or unimproved (the "owner and occupant"), to
permit weeds, grass or undergrowth to grow or accumulate thereon
to a height of twelve (12) inches except for the first one hundred
(100) feet in depth from the property line which shall not exceed a
height of eight (8) inches or more from the ground, or to permit
tree branches that are below a height of seven (7) feet above the
ground, or to permit rubbish, trash, debris, dead trees and/or plants,
growth of noxious plants or weeds, or to permit unsightly or
unsanitary matter to remain thereon, or to permit the existence of
depressions or excavations or any other condition on such premises
wherein water may accumulate and stand and to make possible the
propagation of mosquitoes therein.
(2) It shall be the duty of all owners and occupants of
improved or unimproved property to maintain in good condition
the non-paved area between their property line and the street curb
or edge of the paved road known as the swale area. Maintenance
of the swale area shall include keeping the area free of holes,
debris, hidden dangers or other obstructions and the grass or weeds
at a height of no more than eight (8) inches.
(3) Upon fa'dure or refusal by the owner and/or occupant of
any lot, parcel, tract of land or swale area within the city_, whether
Ordinance No. 2000-
Page 2
said lot, parcel, tract of land or swale area is improved or
unimproved, to keep such premises as set forth in this Section, the
City Manager or his or her designee shall give notice, to the owner
and/or occupants, if any, of such property to comply with the
requirements of this Section within twenty (20) days atter service
of such notice.
(4) The City Manager or his designee shall, by certified mail
addressed to the owner if the property is unoccupied, or to the
owner and/or occupant if the property is occupied, of any lot or
swale area to be cleared or tree(s) to be pruned at the address of
such owner as contained in the rolls of the tax assessor, notify such
owner and/or occupant of the intent of the City to clear such lot or
swale area and/or prime the tree(s) and impose a lien thereon for
the costs of such work and an administrative fee of one hundred
dollars ($100.00) per lot should the owner and/or occupant fail to
do so within twenty (20) days fi'om the service of such notice. In
the event the lot, tract, or parcel of land or swale area is
unoccupied and the address of the owner is unknown, service of
the notice shall be made upon the owner by mailing to the property
owner as listed on the County tax rolls and by posting the same on
such lot, tract or parcel of land. The notice shall contain the legal
description of the lot, parcel, tract of land or swale area. The
notice shall be in substantially the following form:
"DATE:
TO: (name of owner and/or occupant)
(address of owner and/or occupant)
Our records indicate you to be the owner and/or occupant of the
following property in the City of Aventura:
(description of property)
An inspection of this property discloses that it is in such condition
to be in violation of Chapter 30, Article VI of the Code of
Ordinances of the City of Aventura in that it (state nature of
violation).
Chapter 30, Article VI of the Code of Ordinances of the City of
Aventura makes it unlawful for you to allow this condition to
continue and you are hereby notified that unless this condition is
remedied within twenty (20) days fi.om the date hereof, the City of
Aventura will proceed to remedy such condition and the costs of
such work and an administrative fee of one hundred dollars
($100.00) per lot cleared will be imposed as a lien upon the above
described property.
2
Ordinance No. 2000-
Page 3
Please be governed accordingly.
City Manager or designee"
(5) Upon failure of the owner and/or occupant of such
premises to remedy the condition existing in violation of the
requirements of this Section within twenty (20) days after service
of notice to do so as provided herein, the City Manager or lfis
designee shall proceed to have such conditions remedied and the
cost thereof shall be and become a lien against such property thirty
(30) days after notice of completion of the work by the city, to the
same extent and character as the lien for special assessments and
with the same penalties and with the same rights of collection,
foreclosure, sale and forfeiture as obtained for special assessment
liens.
Sec. 30-191. Property Maintenance.
(1) The purpose of this section is to protect the public health,
safety and welfare by establishing minimum standards governing
the maintenance, appearance and condition of residential and non-
residential premises; to fix certain responsibilities and duties upon
owners and occupants; and to fix penalties for the violation of this
section.
(2) The exterior of the premises and all structures within the
City of Aventura shall be kept free of all nuisances and any
hazards to the safety of the occupant, pedestrians, and other
persons utilizing the premises and free of unsanitar~ conditions. It
shall be the duty of the owner and/or occupant to keep the premises
free of hazards and unsafe and/or unsightly conditions, which
include, but are not limited to, the following:
(a) No building, structure, or part thereof shall be erected or
used, in whole or in part, in any manner that is obnoxious,
objectionable, a nuisance or hazard to adjoining properties as it
relates to sound, vibrations, odors, glare, toxic materials, smoke,
and particulate matter.
(b) Brush, weeds, broken glass, stumps, roots, obnoxious
growths, or filth, or excessive garbage, trash and debris shall not be
permitted on the premises.
(c) Dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating conditions or storm
damage, constitute a hazard to persons in the vicinity thereof shall
Ordinance No. 2000-
Page 4
be removed. Trees shall be kept reasonably pruned and trimmed at
all times to prevent such conditions.
(d) Loose and overhanging objects which, by reason of
location above ground level, constitute a danger of falling on
persons in the vicinity thereof shall not be permitted.
(e) Holes, excavations, breaks, projections, obstructions on
paths, walks, driveways, parking lots and parking areas and other
parts of the premises which are accessible to the public shall not be
permitted. Holes and excavations shall be filled and repaired,
walks and steps replaced and other conditions removed where
necessary_ to eliminate hazards or unsanitary conditions.
(f) Adequate runoff drains shall be provided and maintained to
eliminate any recurrent or excessive accumulation of storm water.
(g) Any source of infestation, defined as the presence of
insects, rodents, vermin or other pests on the premises which
constitute a health hazard, shall be eliminated by state-regulated
pest control methods.
(h) Foundation walls shall be kept structurally sound, free from
defects and damage and capable of bearing imposed loads safely.
(i) The exterior of the premises, the exterior of structures and
the condition of accessory structures shall be maintained.
Buildings and appurtenances, including all exterior walls, roofs,
eaves and gutters shall be cleaned, painted or repaired regularly
and as required to present a neat appearance. Unsightly conditions
such as stains, graffiti, discolorations, chipped or faded paint,
cracked walls, rot, mildew or any other deterioration of a
structure's exterior must be corrected. The outside building walls
shall not have any holes, loose boards, or any broken, cracked or
damaged finish which admits rain, dampness, rodents, insects or
vermin. Every roof, roof gutter, flashing, ra'mwater conductor and
roof cornice shall be weather and ram-tight and shall be kept in
good repa'tr and neat appearance.
(j) Lawns, hedges, trees, plants, ground covers and all other
landscaping components shall be maintained in a healthy, neatly
trimmed fashion. Dead or unhealthy portion of lawns or swales in
public view must be resodded. In no case will trees, hedges or
other foliage visually or physically obstruct the right of way. In
general, all unsightly conditions must be corrected.
4
Ordinance No. 2000-
Page 5
(k) Sidewalks and driveways shall be maintained flee of litter,
stains, cracks, debris or obstructions of any kind. Asphalt
driveway surfaces shall be maintained to present a smooth, sealed,
and uniformly-colored appearance.
(1) Parking lots and areas shall be kept in good repair, properly
and distinctly marked and clear of litter and debris. Broken
curbing or wheelstops shall be replaced or repaired.
(m) Signs shall be cleaned or repaired regularly and as required
to present a neat appearance and to ensure signs are facing the
direction in which they were permitted or intended to face.
(n) Building and sign illuminating elements shall be replaced
as required to maintain the effect for which they were designed.
(o) Any awning or marquee and its accompanying structural
members which extend over any street, sidewalk or other portion
of the premises shall be rna'rata'reed in a good state of repair. In the
event such awnings or marquees are made of cloth, plastic or of a
similar material, such cloth or plastic, when exposed to public
view, shall not show evidence of excessive weathering,
discoloration, ripping, tearing or other holes. Nothing herein shall
be construed to authorize any encroachment on streets, sidewalks
or other parts of the public domain or adjacent private property.
(p) All fences, walls, and retaining walls shall be kept in good
repair and maintained and replaced as needed so as to be in
compliance with applicable City ordinances and to present a
uniform, consistent, and well maintained appearance. Such
maintenance activities shall include, but are not limited to, repair
or replacement of broken masonry, stone, bricks, boards, slats,
supports, posts, cap stones, rails, and crossroads. Fences and walls
must not lean more than 10-15 degrees fi:om vertical. Fences must
be free of rust, chips, snags, tears, bent or broken slats and must be
appropriately painted or coated at all times.
(q) All garbage cans, mechanical equipment, budding supplies,
lawn maintenance equipment, and other similar items shall be
located or screened so as not to be visible fi:om streets. Boats,
trailers, and recreational vehicles that are visible t?om the street
must be maintained in good condition.
(r) At a location visible from the sidewalk, street or other
public area there shall be no storage of equipment and materials
relating to commercial or industrial use, including, but not limited
5
Ordinance No. 2000-
Page 6
to, shopping carts (except as stored at the store premises),
dumpsters, and ma'mtenance equipment.
(s) There shall be no open outside storage of materials,
supplies, products, equipment or machinery or recreational or
marine vehicles, except automotive vehicles, relating to
commercial or industrial use, unless the area used for such outside
storage is effectively screened t~om direct view at ground level
fi.om any street or fi.om any adjacent property.
(3) Iff in the opinion of the Code Compliance Officer, a
violation of this section exists, the Code Compliance Officer shall
notify the owner or occupant of such violation and give the owner
or occupant reasonable time to correct the violation, as provided
for in the City Code, as it may be amended fi.om time to time. If
the violation is not corrected within the specified time period, the
Code Compliance Officer may proceed in accordance with Chapter
2, Article V of the City Code.
(4) Notwithstanding the provisions of Chapter 2, Article V,
City Code, if a violation of this section continues after the Code
Compliance Officer has ordered and cited the owner or occupant to
correct such violations, the Community Development Director may
recommend to the City Manager that the violations be corrected by
the City if it is determined by the City Manager that the violations
present an immediate or serious health or safety hazard to the
public. The City Manager may proceed as provided in paragraphs
(5)~(8), below.
(5) The City Manager or his designee shall give written notice
to the owner of record of such real property at his/her last known
address, as shown by the then current ad valorem tax rolls of the
County Appraiser's Office, of the specific condition constituting
the violation of this section and demand that the owner cause such
condition to be remedied within twenty (20) days after the ma'fling
of such notice. The mailing of the notice shall be by certified mail,
return receipt requested. If the mailing address of the owner is not
known, and the property is unoccupied, the notice may be posted
upon the property in a conspicuous place, and such posting shall be
deemed notice to the owner thereof. The notice shall advise the
owner that, unless the condition is remedied in twenty (20) days,
the City shall take action to have the condition corrected at the
owner's expense, including reasonable administrative expenses,
costs and attorney's fees. The costs of such expenses, costs and
attorney's fees shall be, and are hereby imposed as, a municipal
lien, equivalent in dignity and priority to a special assessment lien,
6
Ordinance No. 2000-
Page 7
against the land if not discharged by payment in full t~om thirty
(30) days of when due.
(6) The property owner may, within ten (10) days after the
mailing of the notice as provided above or the service or posting
thereof, file a written request with the City Clerk for a hearing
before the Special Master to show that such condition does not
exist, or why the condition should not be remedied by the City at
the owner's expense. Upon the receipt of such request for hearing,
the City Manager or his designee shall set the matter down for
hearing on the next regularly scheduled hearing date, or as soon
thereafter as practicable and shall notify the property owner by
mail of the date and time of such hearing.
(7) If the violation of this section has not been corrected within
twenty (20) days after the ma'ding or service or posting of the
notice as provided above, or if, upon request for a hearing, there is
an unfavorable decision by the Special Master, adverse to the
property owner, after notice to the property owner of the
unfavorable decision, the violation shall be remedied by the City
and or by any independent contractor acting on behalf of the City,
at the expense of the property owner, such expense to include
reasonable administrative expenses, filing costs and attorney's fees
in addition to the cost of the labor and materials needed to correct
the violations. In order to protect the health, welfare and safety of
the citizens of the City, the City Manager or his/her designee is
granted the power and authority to enter onto private property for
the purpose of enforcing this Section.
(8) Upon correction of the violation by the City, the City shall
cause a lien to be filed in the Public Records of the County aga'mst
such real property for the total sum of all costs to the City, to the
same extent and character as a lien for special assessments and
with the same penalties and with the same rights of collection,
foreclosure, sale and forfeiture as obtained for special assessment
liens.
Section 30-192. Florida Litter Law.
The City's Code Enforcement officers are hereby designated by the
City Counc'fl to enforce prove'ions of "the Florida Litter Law,"
Section 403.413, Florida Statutes.
Section 2. Severabili .ty. The provisions of this Ordinance are declared to be severable and
if any seetiorb sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
7
Ordinance No. 2000-
Page 8
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they sba_Il 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 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 renumbered or relettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 4. Penalty. Any person who violates any provision of this Ordinance shall, upon
conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to
exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues
shall be deemed a separate violation. This Ordinance shall be subject to enforcement under the
Local Government Code Enforcement Act, Chapter 162, Florida Statutes, as amended, and City
Code Section 2-331, et. seq., as amended. Enforcement may also be by suit for declaratory,
injunctive or other appropriate relief in a court of competent jurisdiction~
Section 5. Effective Date. This Ordinance shall be effective knmedlately upon adoption
on second reading.
The foregoing Ordinance was offered by Commissioner , who moved its
adoption on first reading.
The motion was seconded by Commissioner
, and, upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay 1L Beskin
Commissioner Ken Cohen
Commissioner Patricia Rogers-Libert
Commissioner Harry Holzberg
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
Ordinance No. 2000-
Page 9
The foregoing Ordinance was offered by Commissioner
adoption on second reading. The motion was seconded by Commissioner
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Patricia Rogers-Libert
Commissioner Harry Holzberg
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED on first reading this 1a day of August, 2000.
PASSED AND ADOPTED on second reading this __.day of
who moved its
, and upon
,2000.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
9
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE:
TO:
FROM:
BY:
SUBJECT: Ordinance Prohibiting Abandoned Vehicles and Parking in Public Rights-of-
Way
1st Reading August 1, 2000 City Commission Meeting Agenda Item gf)
2nd Reading September 5, 2000 City Commission Meeting Agenda Item _
Recommendation
It is recommended that the City Commission adopt the attached Ordinance to address
abandoned vehicles and parking in public rights-of-way.
Backaround
The Miami-Dade County code presently has very few, if any, regulations giving Code
Compliance the authority to issue violations on abandoned vehicles, parking in public
right-of-ways and other parking/vehicle type situations. The attached Ordinance provides
for the following:
. Prohibits parking, storing or leaving any vehicle in an abandoned condition on public
or private property;
. Prohibits displaying or selling merchandise or services from within the public rights-of-
way;
· Prohibits private or commercial vehicle parking in public or private right-of-way areas,
except in those areas lawfully developed and designated for parking purposes;
· Prohibits commercial vehicle or recreational vehicle parking on a public right-of-way;
Prohibits the parking of more than one (1) recreational vehicle or boat in a designated
off-street parking space in any residentially developed area of the City; and each may
not exceed a size of 30 feet long;
Prohibits vehicle repairs in residentially developed areas, except for repairs made to
privately owned or leased vehicle of the owner/occupant and no more than one (1)
vehicle at any one time.
It is important to note that nothing in the Ordinance will impair the enforcement of more
restrictive provisions imposed upon private property by a Condominium or Homeowner's
Association.
Please feel free to contact me with any questions you may have.
/staff re~3o~071400 aban veh
2
ORDINANCE NO. 2000-
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY
CREATING CHAPTER 48 "VEHICLES; USE OF
RIGHT-OF-WAY; PARKING; AND OTHER
REGULATIONS," BY CREATING ARTICLE I
"ABANDONED VEHICLES AND VESSELS;" ARTICLE
II "USE OF RIGHT-OF-WAY; PARKING; AND OTHER
REGULATIONS;" PROVIDING PROCEDURES FOR
REMOVAL OF ABANDONED VEHICLES FOUND ON
PUBLIC PROPERTY AND/OR PRIVATE PROPERTY;
PROVIDING REGULATIONS PROHIBITING
COMMERCIAL USE OF RIGHT-OF-WAY; PROVIDING
REGULATIONS CONCERNING PARKING AND
STORAGE OF CERTAIN VEHICLES AND BOATS;
PROVIDING OTHER PARKING REGULATIONS;
PROVIDING REGULATIONS CONCERNING REPAIR
OF VEHICLES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR PENALTY; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission finds that this Ordinance will serve to promote the
public health, safety and welfare, and enhance the quality of life in the City; and
WHEREAS, nothing in this Ordinance shall impair the enforcement of more restrictive
provisions imposed upon private property pursuant to the provisions of Restrictive Covenants of
Homeowners' Associations and Master Associations or the provisions of Declarations of
Condominium bylaws, rules or regulations issued thereunder.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the City Code of the City of Aventura is hereby amended by creating
Chapter 48 "Vehicles; Use of right-of-way; parking; and other regulations" consisting of Article
1 "Abandoned Vehicles and Vessels;" Article II "Use of right-of-way; Parking; Other
regulations," to read as follows:
Ordinance No. 2000-
Page 2
CHAPTER 48. VEHICLES; USE OF RIGHT OF WAY;
PARKING; AND OTHER REGULATIONS.
ARTICLE I. ABANDONED VEHICLES AND VESSELS.
Section 48-1. Definitions.
As used in this Chapter, the following terms have the meaning set
forth herein, except as otherwise indicated by the context.
City means the City of Aventura.
Commercial vehicle means a vehicle that is owned or used by a
business, corporation, association, partnership or sole
proprietorship or any other entity conducting business for a
commercial purpose.
Enforcement officer means a police officer or any other officer or
representative of the City designated by law, charter, ordinance or
resolution of the City Commission to enforce provisions of this
article.
Private property means all land and improvements not constituting
public properties, and lying within the City limits.
Public property means lands and improvements owned by the
federal government, the State, the County, the City or
municipalities or governmental entities lying within the City and
includes buildings, grounds, parks, playgrounds, streets, sidewalks,
parkways, rights-of-way and other similar property.
Recreational vehicle means a motor vehicle designed to provide
temporary living quarters for recreational, camping or travel use,
which has its own propulsion or is mounted on or towed by another
vehicle.
Section 48-2. Abandoned Vehicles and Vessels Prohibited.
It is unlawful for any person to park, store or leave any motor or
other vehicle or vessel (collectively referred to in Article I as
"vehicle") in a wrecked, junked, partially dismantled or abandoned
condition on public or private property within the City. This shall
2
Ordinance No. 2000-
Page 3
not prohibit licensed vehicle repair shops from storing and
repairing vehicles on the licensed premises.
For the purposes of this section, "abandoned" means a motor or
other vehicle which does not have an identifiable owner and which
has been disposed of on public or private property in a wrecked,
inoperative or partially dismantled condition or which has no
apparent intrinsic value to the rightful owner. The enforcement
officer shall refer to the following characteristics to make a
determination that a violation of this Section exists:
(1) The vehicle has nominal salvage value;
(2) The vehicle is not in sufficient repair to perform its
intended function;
(3) The vehicle is on public property amd does not have a
current license tag, decal or registration;
(4) The vehicle exhibits physical damage incurred in a
collision or other incident that has not been repaired;
(5) The vehicle is derelict and has been left unprotected from
the elements, as exhibited by growth of vegetation about
the vehicle, direct exposure to the elements, the positioning
of the vehicle in other than an upright or operable manner,
or vandalism; or
(6) The length of time the vehicle has remained in its present
location. A vehicle may be considered abandoned if parked
or stored on the public right-of-way or private road for a
period exceeding forty-eight (48) hours, other than in a
designated parking area.
Section 48-3. Procedure For Removal.
The procedure for removal and disposition of abandoned vehicles
shall be as follows:
(1) Abandoned vehicles on public property. Whenever the
enforcement officer of the City shall ascertain that an
abandoned vehicle is present on public property within the
3
Ordinance No. 2000-
Page 4
limits of the City, he/she shall cause a notice to be placed
upon such abandoned vehicle and proceed in accordance
with Chapter 705 of the Florida Statutes.
(2) Abandoned vehicles on private property. Whenever the
enforcement officer of the City shall ascertain that an
abandoned vehicle is present on private property within the
limits of the City, he/she shall cause a notice to be placed
upon such abandoned vehicle in substantially the following
form:
"Notice to the Owner and All Persons Interested in the
Attached Vehicle. This vehicle, to wit: (set forth brief
description) located at (describe location) is improperly
stored and is in violation of Section 48-2 of the City Code
of the City of Aventura and must be removed within ten
(10) days bom the date of this notice; a request for a
hearing before the code enforcement special master by the
owner or any person interested in the attached must be
made before expiration of the ten day period, otherwise it
shall be presumed to be abandoned and will be removed
and destroyed by order of the City of Aventura. Dated this:
(date of posting notice). Signed: (name, title, address and
telephone number of enforcement officer)"
(a) Such notice described above shall not be less than eight
(8) inches by ten (10) inches and shall be sufficiently
weatherproof to withstand normal exposure to the
elements. In addition to posting, the enforcement
officer shall make reasonable efforts to ascertain the
name and address of the owner of the vehicle and the
real property upon which the vehicle is located and if
such information is reasonably available to the
enforcement officer, he/she shall mail a copy of such
notice to the owners on or before the posting day. The
enforcement officer shall contact the Department of
Highway Safety and Motor Vehicles or the Department
of Environmental Protection if the vehicle is a motor
vehicle or vessel, respectively, to determine the name
and address of the owner and any person who has filed
a lien on the vehicle or vessel. The enforcement officer
4
Ordinance No. 2000-
Page 5
shall then mail a copy of the notice by certified mail to
the owner and lienholder, if any.
(b)
A hearing prior to the removal of the derelict, junk, or
abandoned property is to be held before the code
enforcement special master when such a hearing is
requested by the owner of the property or lienholder
within ten (10) days after posting of notice to abate the
violation. Any order by the code enforcement special
master requiring the removal of derelict, junk, or
abandoned property fi.om private land shall include a
description of the vehicle by identification and license
number, if available at the site.
(c) If a hearing is not requested, and if at the end of ten
(10) days after posting such notice as set out above, the
owner or any person interested in the abandoned
vehicle described in such notice has not removed the
same and complied with the ordinance or section of this
Code cited in the notice, or shown reasonable cause for
failure to do so, the enforcement officer may cause the
abandoned vehicle to be removed and destroyed and the
salvage value, if any, of such abandoned vehicle shall
be retained by the City to be applied against the cost of
such removal and destruction.
(d) The procedure for sale of abandoned vehicles shall be
as set forth in Chapter 705 of the Florida Statutes.
(e) The State Department of Motor Vehicles shall be
notified of vehicles removed fi.om private property
pursuant to the terms of this section.
(0
All costs and expenses incurred by the City in carrying
out the provisions of this Article shall constitute, until
paid, a lien against the owner of the vehicle and against
the real property where it was stored when it is
determined that the abandoned vehicle belongs to the
owner of the real property or that the owner of the real
property has failed to remove said vehicle; with interest
to accrue at the rate of eight (8) percent annually.
5
Ordinance No. 2000-
Page 6
Section 48-4. No Obstruction. Immunity; Costs.
(1) It is unlawful for any person to oppose, obstruct or resist any
enforcement officer or any person authorized by the
enforcement officer in the discharge of his or her duties as
provided in this Article.
(2) Any enforcement officer or amy person authorized by the
enforcement officer shall be immune from prosecution, civil or
criminal, for reasonable, good faith trespass upon real property
while in the discharge of duties imposed by this Article.
ARTICLE II. USE OF RIGHT OF WAY; PARKING;
OTHER REGULATIONS.
Section 48-10. No sales from right-of-way.
No person shall conduct the business of collecting, displaying or
selling merchandise or services from within the public rights of
way within the limits of the City. Specifically prohibited under
this section are street vendors and/or sale of food of any kind,
flowers, goods, wares, services or merchandise from a vehicle
whether motorized or not, regardless of the number of wheels
affixed thereto or on foot.
Section 48-11. Parking restrictions.
(1) There shall be no private or commercial vehicular parking in
public or private right of way areas within the City of
Aventura, except in those road right of way areas lawfully
developed and designated for parking purposes;
(2) Parking of vehicles is prohibited upon:
(a) any streets located within or contiguous to multifamily
zoned properties;
(b) any area prohibited by State law or Miami-Dade
County Code;
(c) any tmimproved public or private property;
6
Ordinance No. 2000-
Page 7
(d) any unpaved or unstabilized area.
(3) Parking may be further regulated by the City Commission, by
ordinance.
(4)
The parking of vehicles may be temporarily proin'oited upon
any street or portion thereof where the Chief of Police finds
that a temporary restriction on parking is necessary to protect
the safety of the public.
(5)
The provisions of paragraphs (2)(a) and (3) of this section shall
not be implemented unless and until any necessary approvals
fi.om the State Department of Transportation under Section
316.008(3), Florida Statutes (State roads only), and fi.om
Miami-Dade County under Sections 30-388.5, 30-388.6 or 30-
388.25, County Code, as applicable, have been received and
filed of record in the City Clerk's office.
Section 48-12. Restrictions on commercial or recreational
vehicles.
(1) No owner or person having the possession or use of a
commercial vehicle or recreational vehicle shall park that
vehicle for any period of time on a public right of way. This
restriction shall not apply, however, to the following:
(a)
vehicles owned or operated by a physically impaired
individual when a medical doctor has certified that the
vehicle is necessary due to said physical impairment;
(b) vehicles then and there engaged in activity consisting of
making deliveries or loading and unloading of materials;
(c)
vehicles owned, operated or contracted by a utility
company, who have obtained a City issued public works
permit to conduct work within the public right-of-way or
for work deemed an emergency. The contractor conducting
such work shall be required to restore the landscaping,
irrigation, curbing, sidewalks, etc., within the public right-
of-way to original or better conditions upon the completion
of the permitted or emergency work.
7
Ordinance No. 2000-
Page 8
(2)
The owner of any unauthorized vehicle shall be required to
restore the landscaping, irrigation, curbing, sidewalks, etc.,
within the public right-of-way to original or better conditions
upon removal of the vehicle fi:om the public right-of-way. The
Police Department will prepare a property damage report to the
location with a restoration estimate that will be forwarded to
the vehicle owner by the City Manager or designee for
reimbursement.
Section 48-13. Recreational vehicles, vessels.
No owner or person having possession or use of a recreational
vehicle or vessel shall park in an off-street space other than a space
prepared for and designated for use as a parking area for such
vehicle or vessel, in any residentially developed area of the City.
No more than one recreational vehicle and one vessel shall be
a~lowed on a residential parcel of land at any time, and each may
not exceed a size of 30 feet long.
The term "a space prepared for and designated for use as a parking
area," as used herein, shall mean one that meets the following
criteria:
(a)
the space is indicated by an approved site plan or by a
certificate of completion, as intended to be used for such
purpose;
(b)
the space is screened from public view by fencing, or by
landscaping in accordance with a landscape plan approved
by the City's Director of Community Development; or
(c) an enclosed garage structure.
Section 48-14. Vehicle repairs prohibited.
Vehicle repairs are prohibited in all residentially developed areas
of the City, except for repairs made to the privately owned or
leased vehicle of the owner/occupant of the property on which the
repairs are taking place. No more than one privately owned or
leased vehicle may be repaired at any one time by the
owner/occupant of the property. All vehicle repairs allowed by
this section shall be completed within 24 hours. The work
8
Ordinance No. 2000-
Page 9
undertaken at the premises to repair or otherwise put the vehicle
into operative condition shall be of a minor nature only and major
repairs shall not be authorized at the premises, by this Section.
The term "major repair" includes but is not limited to any work by
which the vehicle engine or transmission is removed or lifted fi.om
the vehicle for repair or bodywork consisting of painting or
refinishing more than ten percent of the surface area of the vehicle,
at a location at the premises which is visible fi.om a street or other
public or private property, and any other similarly extensive work,
but does not include change of tires, replacement of batteries,
change of oil, replacement of brakes, engine tune-up or other
similarly non-extensive work.
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,
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 3. 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 be made a part of the Code
of the City of Aventura; 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.
Section 4. Penalty. Any person who violates any provision of this Ordinance shall, upon
conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to
exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues
shall be deemed a separale violation. This Ordinance shall be subject to enforcement under the
Local Government Code Enforcement Act, Chapter 162, Florida Statutes, as amended, and City
9
Ordinance No. 2000-
Page 10
Code Section 2-331, et. seq., as amended. Enforcement may also be by suit for declaratory,
injunctive or other appropriate relief in a court of competent jurisdiction.
Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption
on second reading.
The foregoing Ordinance was offexed by Commissioner
adoption on first reading. The motion was seconded by Commissioner
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Patric'ka Rogers-Libert
Commissioner Hany Holzberg
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
adoption on second reading. The motion was seconded by Commissioner
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Patricia Rogers-Libert
Commissioner Harry Holzberg
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED on first reading this 1a day of August, 2000.
, who moved its
, and, upon
., who moved its
, and, upon
10
Ordinance No. 2000-
Page 11
PASSED AND ADOPTED on second reading this day of
2000.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
11
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, City Mana~ge/r. rf_,~_~
July 28, 2000 //~ ' /
Amendment to Termite InsP~cction Ordinance
1,t Reading August 1, 2000 City Commission Meeting Agenda Item 8C
2"d Reading September 5, 2000 City Commission Meeting Agenda Item
Recommendation
It is recommended that the City Commission adopt the attached Ordinance which
clarifies the notification process regarding single-family units and the role of
homeowner associations. In addition, it better defines residential development.
If you have any questions, please feel free to contact me.
EMS/tms
attachment
ORDINANCE NO. 2000-
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING CHAPTER 30
"ENVIRONMENT" OF THE CITY CODE BY
AMENDING ARTICLE V "TERMITE DAMAGE
PREVENTION" BY AMENDING SECTION 30-180
"TERMITES; DEVELOPMENT OF LAND; ANNUAL
INSPECTION;" TO CLARIFY AND CONFIRM
APPLICABILITY TO ALL SINGLE FAMILY,
DUPLEXES, TOWNHOUSES, AND MULTI-FAMILY
DWELLINGS, AND TO REQUIRE CERTAIN
HOMEOWNERS ASSOCIATIONS TO NOTIFY
INDIVIDUAL HOMEOWNERS OF HOMEOWNERS'
RESPONSIBILITY FOR COMPLIANCE WITH ANNUAL
TERMITE INSPECTION REQUIREMENTS;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
PENALTY; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission finds that it is necessary to amend Section 30-180
"Termites; Development of Land; Annual Inspection" of the City Code so as to clarify and
confirm the applicability of the provisions of that Section to all single family, duplex,
townhouses and multi-family dwellings, and to provide for certain homeowners' associations to
be responsible for notifying individual homeowners of the necessity to provide for annual termite
inspections; and
WHEREAS, the City Commission finds that this ordinance is consistent with the
Comprehensive Plan of the City of Aventura and will further assist in serving to mitigate the
potential for damage to be inflicted by termites, including Formosan termites.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the City Code of the City of Aventura is hereby amended by
amending Chapter 30 "Environment" by amending Article V "Termite Damage Prevention" by
Ordinance No. 2000-
Page 2
amending Section 30-180 "Termites; Development of Land; Annual Inspection" to read as
follows:~
Section 30-180. Termites; Development of Land; Annual Inspection.
(a) Upon commencement of residential or commercial development upon
any vacant parcel of land in the City, the owner of such parcel shall
cause the property to be treated for the prevention of termite damage
(including Formosan termites) and shall provide a certification of
treatment to the Building Official of the City, on a form provided by
City, prior to the issuance of a certificate of occupancy by the City's
Building Official. The certification of treatment shall specifically
identify the treatment system which was applied.
(b) Commencing from and after January 1, 2000, each residentially
...... ~ dwelling (including single-family, duplex,
townhouse, and multi-family dwellings) in the City and each
commercially developed building in the City consisting of more than
10,000 square feet of floor area, shall be required to have an annual
inspection of the residential dwelling or commercially developed
building for termite activity or damage (includ~g activity or damage
from Formosan termites).
Except as otherwise specified below, the owner of each such
residential dwelling or commercially developed building shall be
responsible for providing for the inspection by a State licensed pest
control professional.
In the case of cooperative buildings or dwellings, the cooperative
owners association shall be the party responsible for providing for
such inspection.
3_. In the case of condominiums, the condominium association shall
be the party responsible for providing for such inspection.
As to buildings or dwellings for which it has the authority to
provide termite treatment, the homeowners association shall be
jointly responsible with the owner for providing such inspection.
As to any building or dwelling, including single-family, duplex
and townhouse, for which it does not have the authority to provide
termite treatment, the homeowners association shall be required to
annually notify each owner of a single-family, duplex or
1/
Additions to existing text are shown by underline; deletions are shown by
2
Ordinance No. 2000-
Page 3
townhouse dwelling unit of the inspection requirements of this
Section, pursuant to a form provided by City. Such notification
shall be provided by mail or hand delivery_ at least 30 days before
the start of the annual inspection period described in paragraph (c)
below.
Lq) The annual inspection shall be conducted at any time between the
period of May 1 to July 31 of each year. Within ten days of
completion of the annual inspection a copy of the report thereof shall
be provided by the responsible party to the City's Community
Development Department on a form provided by City.
(d) The Community Developmem Department shall periodically compile
the results of termite inspection reports furnished to it pursuant to this
Section.
Section 2. 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 Code of
the City of Aventura; that the sections of this Ordimnce may be renumbered or relettered to
accomplish such intentions; and that the word "Ordinance" shall he changed to "Section" or other
appropriate word.
Section 3. Severabili .ty. The provisions of this Ordinance are declared to be severable and
it' any section, sentence, clause or phrase of this Ordinance shall for any mason 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 notwithstmxth~ the invalidity of any part.
Section 4. Penalty. Any person who violates any provisions of this Ordinance shall, upon
conviction, be punished by a fine not to exceed $500.00. Each day that a violation continues shall
he deemed a separate violation. This Ordinance shall also he subject to enforcement under the
Local Government Code Enforcement Act, Chapter 162, F.S., as amended, and City Code Section
Ordinance No. 2000-
Page 4
2-331, et. seq., as amended. Enforcement may also be by suit for declaratory, injunctive or other
appropriate relief in a court of competent jurisdiction.
Section 5. Effective Date.
on second reading.
The foregoing Ordinance was offered by Conmfissioner
adoption on first reading. The motion was seconded by Commissioner
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Patricia Rogers-Libert
Commissioner Harry Holzberg
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
This Ordinance shall be effective imrrediately upon adoption
, who moved its
, and upon
The foregoing Ordinance was offered by Commissioner
adoption on second reading. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay IL Beskin
Commissioner Ken Cohen
Commissioner Patricia Rogers-Libert
Commissioner Harry Holzberg
Vice Mayor Jefl?ey M. Perlow
Mayor Arthur I. Snyder
., who moved its
,and
PASSED AND ADOPTED on first reading this 1 a day of August, 2000.
Ordinance No. 2000-
Page 5
PASSED AND ADOPTED on second reading this day of September, 2000.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
5
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, City Manager
Brenda Kelley, Community Development Dire / ,,~1
July 5, 2000
Proposed Revisions to Section 14-62 of the City Code
Contractor Registration
Reading July 11, 2000 City Commission Agenda Item ,> .-'~'
Reading August 1, 2000 City Commission Agenda Item ~"-~
RECOMMENDAT,ION
It is recommended that the City Commission approve the proposed revisions to the contractor
registration requirements of Section 14-62 of the City Code.
BACKGROUND
Pursuant to the attached letter from the City Attorney's office, Section 14-62(1)(c) of the City
Code is in conflict with Florida Statute. Therefore, it is recommend that this section be revised
as follows:
From: (1)
C.
County registration (if licensed by the County, a State registration is
required; if State-licensed, a County registration is required).
To: (1)
cl.
c2.
If licensed by Miami-Dade County, both a State registration and Miami-
Dade County registration are required;
or
Current State Certificate (if State-certified contractor).
Additionally, to make procedures easier and more effective in the department, it is
recommended that there be one annual renewal date for contractor's registration, thereby
revising the Code as follows:
Section 14-62. Registration.
All contractors performing work within the municipal boundaries of the City, or have made
application for building permits from the City, shall be required to register annually with the City.
All such contractors shall register with the City Community Development Department at the time
of the renewal of their occupational license or within seven days thereof, or prior to the
application for a building permit, whichever applies. Re,qistrations must be renewed annually
on or before September 30th for the followin,q fiscal year. Requirements for registration shall be
as follows:...
Please feel free to contact me with any questions you may have.
/staff report/Rev to Contr Reg 071100
2
NINA L, 60NISKE
EDWARD G. GUEDE.~
STEPHEN J* HELFMAN
WEISS S E i:~OTA I-I E L F 3~I A N
P3_STO~IZ3_ iBC GUEDES, P._A_.
ATTORN~'¥S AT LAW
MITCHELL A, BIERMAN
,MITCHELL J* BURNSTEIN
ELAINE M. COHEN
TelePHONE (305) 854-0800
TELECOPIER (305) 854-~3~3
V/W~.WS h -F LALAW. CO M
February 7, 2000
FEB 0 8 2000
COMMUNITY DEVELOPMENT
BROWARD OFFICE
I I 3~ SOUTHEAST SECOND AVENUE
FORT LAUDERDALE~ FLORIDA 33316
TELEPHONE (954) 763~.242
Mr. Noe Martinez
Building Official
City of Aventura
2999 N.E. 191st. St.
Suite 500
Aventura, FL 33180
Re: Section 14-62, City of Aventura Code
Dear Mr. Martinez:
I am writing in response to your inquiry as to whether a state-registered general
contractor is required to register with Miami-Dade County in order to apply for a building
permit from the City. As you know, § 14-62, City Code, requires that, in addition to a
certificate of competency and various insurance requirements, a contractor must also register
with Miami-Dade County.
Section 14-62 conflicts with Florida Statute § 489.113(4)(a), whi6h states that if a state-
certified contractor desires to engage in contracting in any area of the state, he or she shall be
required only to exhibit to the local building official evidence of a current certificate and pay
the building permit fee. I have confirmed with the Miami-Dade County Attorney's office that
state-certified Contractors are not required tp register with Miami-Dade County. Therefore,
you may disregard the County registration requirement of § 14-62(1)(c), City Code, when
issuing a building permit to _a state-certified general contractor. (However, all other
requirements of § 14-62 are in full force and effect.)
Mr. Noe Martinez
Page 2
February 7, 2000
If you have any questions or require further information, please do not hesitate to call.
Very truly yours, /
Christopher F. Kurtz '
CFK:jju
328.001
cc: David M. Wolpin, Esq.
WEISS 8EROTi t{ELFM.kN
PASTORIZA ~c OUEDES, P.A.
BUILDINGS AND BUILDING REGULATIONS § 14-62
ARTICLE I. IN GENERAL
Secs. 14-1--14-30. Reserved.
ARTICLE II. BUILDING CODE*
Sec. 14-31. South Florida Building Code adopted.
The South Florida Building Code, as amended from time to time, is hereby adopted as the
uniform building code for the City.
(Ord. No. 97-04, § 1, 1-21-97)
Secs. 14-32--14-60. Reserved.
ARTICLE III. BUILDING CONTRACTORSt
Sec. 14-61. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Contractor means any person who engages in the business under express or implied
contract, in any of the trades, or who undertakes or offers to undertake or purports to have the
capacity to undertake, or submits a bid to, or does himself or by or through others, engage in
the business of doing a trade. An owner-builder or a person who only furnishes material,
supplies or equipment without fabricating them into or consuming them in performance of the
work of a contractor, or any person who engages in the activities reg ~lated in this article as an
employee with wages as his sole compensation, shall not be considered as a contractor. The
term "contractor" applies to those construction trades regulated pursuant to chapter 10 of the
County Code and does not apply to the construction of boats or similar items of personalty not
within the scope of such trades.
(Ord. No. 96-28, § 1, 11-19-96)
Cross reference~Definitions generally, § 1-2.
Sec. 14-62. Registration.
All contractors performing work within the municipal boundaries of the City, or who have
made application for building permits from the City, shah be required to register annually with
the City. All such contractors shall register with the City Community Development Depart-
*State law reference~Florida building codes act, F.S. § 553.70 et seq.
ICross reference--Business regulations, licenses and permits, ch. 18.
State law reference Contracting, F.S. ch. 489.
Supp. No. 3 CD14:3
§ 14-62 AVENTURA CODE
ment at the time of the renewal of their occupational license or within seven days thereof, or
prior to the application for a building permit, whichever applies. Requirements for registration
shall be as follows:
(1) The qualifier for the contractor must provide each of the items listed in this paragraph.
Such qualifier must personally appear at the City's Community Development Depart-
ment for the purpose of registration unless the qualifier does not have a principal place
of business located in the State.
a. A current certificate of competency.
b. A current liability and workers' compensation certificate of insurance, addressed
to the City.
c. County registration (if licensed by the County, a State registration is required; if
State-licensed, a County registration is required).
d. A current occupational license from the area of primary business. If County-
licensed, he must also provide a municipal occupational license.
At the qualifier's option, he may, at the time of registration, provide a list of employees
who are authorized to pick up building permits on his behal£
(2) All building permits must be signed by the qualifier and notarized.
(3) If the Community Development Department deems necessary, the qualifier must
appear at all building inspections, sign for all building permits and appear at any and
all times required. Failure to appear will result in all privileges to engage in
contracting in the City being subject to revocation.
(4) The fee for this registration shall be $35.00 per year, or as may be amended by
resolution of the City Commission. The fee component of registration shall not be
applicable in those instances where preempted by F.S. § 205.065.
(Ord. No. 96-28, § 2, 11-19-96; Ord. No. 97-26, §§ 1, 2, 10-7-97)
Secs. 14-63--14-90. Reserved.
ARTICLE IV. BUILDING PERMITS
Sec. 14-91. Fees for permits, inspections, certificates and related services.
The City is hereby authorized to impose fees for the issuance of building permits, provision
of inspections, issuance of certificates of completion or occupancy and related services of the
Community Development Department. Such fees shall be set and may be amended from time
to time by resolution of the City Commission following a public hearing.
(Ord. No. 96-22, § 1, 10-2-96)
Secs. 14-92--14-99. Reserved.
Supp No. 3 CD14:4
ORDINANCE NO. 2000-._
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 14
"BUILDINGS AND BUILDING REGULATIONS" BY
AMENDING SECTION 14-62 "REGISTRATION" TO
PROVIDE FOR DATE FOR ANNUAL RENEWAL OF
CONTRACTOR REGISTRATION; AND TO CLARIFY
REGISTRATION REQUIREMENTS TO CONFORM TO
FLORIDA STATE STATUTES; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission has, pursuant to Ordinance No. 96-28 and as
amended by Ordinance 97-26, 3rovided for registration requirements for Building
Contractors; and
WHEREAS, the City Commission is desirous of further amending certain provisions
of Chapter 14, "Buildings and Building Regulations", Article III, "Building Contractors".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Article III, "Building Contractors", of Chapter 14 "Buildings and
Building Regulations" of the City Code is hereby amended to read as follows:~
Section 14-62. Registration.
All contractors performing work within the municipal
boundaries of the City, or who have made application for
building permits from the City, shall be required to register
annually with the City. All such contractors shall register with
the City Community Development Department at the time of
the renewal of their occupational license or within seven days
thereof, or pdor to the application for a building permit,
whichever applies. Registrations must be renewed annually
on or before September 30th for the following fiscal year.
Underlined rnateria[ indicates additions to existin(~ text: crossed out material indicates de et ons from ex st ng text
Ordinance No. 2000-__
Page 2
Requirements for registration shall be as follows:
(1)...
,~,,-;o*,.~*~,-.,, ~ ...... ;"~"~ (i) If licensed by Miami-Dade
County, both a state registration and Miami-Dade
County re.qistraton are required; or (ii) Current stat,~
certificate (if state-certified contractor).
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, 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 3, 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 Code of Aventura, Florida; 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.
Section 4, Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Beskin, who moved its
adoption on first reading. This motion was seconded by Commissioner Rogers-Libert,
and upon being put to a vote, the vote was as follows:
2
Ordinance No. 2000-
Page 3
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen absent
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner , and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 11th day of July, 2000.
PASSED AND ADOPTED on second reading this 1st day of August, 2000.
A'I-I'EST
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M' S°r°ka' ~fYJ~aglr
Brenda Kelley, Comm~.Development DireC~
July 6, 2000
Proposed Revisions to Occupational License Taxes
1st Reading July 11, 2000 City Commission Agenda Item
2nd Reading August 1, 2000 City Commission Agenda Item ~--~
RECOMMENDATION
It is recommended that the City Commission approve the following revisions to Article II.
Occupational License Taxes of the City Code.
BACKGROUND
Sec. 18-33(a). County occupational license required; affidavit of applicant for
license; annual filing of information.
Miami-Dade County will not issue a County Occupational License to a business located
in the City without first having proof that the City has issued a license. The City code
requires that "the applicant shall first obtain an occupational license from the County
and show proof thereof to the City..." Therefore, it is recommended that this section of
the Code be revised to alleviate the existing confusion.
Sec. 18-34. Prerequisites for granting license; invalid licenses.
A Certificate of Use is presently required prior to the issuance of a new occupational
license to confirm zoning approval. It is recommended that this section of the Code be
revised, by adding the following language, so as to properly document this requirement
as a Code requirement.
(a) A Certificate of Use shall be required prior to the issuance of any new
occupational license. The fee for such Certificate of Use is $35.00.
No license shall be granted under this article until there has been full
compliance with section 18-33 and 18-34(a), and no license which may
have been granted without full and complete compliance with the
provisions of this article shall be a protection to the applicant in any civil or
criminal proceeding.
Sec. 18-42. Tax Schedule
Manicurist: Numerous complaints have been received from manicurists in the City
regarding the current occupational license fee of $50.00. The fee for a cosmetologist is
$30.00 and manicurists and cosmetologists generally work in the same or nearby
facilities. Manicurists claim that they do not make as much money because they can
only attend one customer at a time, whereas a cosmetologist can have more than one
customer at a time. Staff recommends that the occupational license fees for these two
professions be the same.
ImportJExport: Presently import/export businesses are licensed under an "unclassified"
category. Because there are more import/export businesses locating in the City
(primarily home occupations), it is preferable that a separate category be specified so
as to more easily locate and keep track of these businesses. Therefore, it is
recommended that a separate classification be designated with the same fee already
charged under the "unclassified" category ($100).
staff reports/Rev to OL fees 030300
2
ORDINANCE NO. 2000-__
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 18
"BUSINESS REGULATIONS, LICENSES AND PERMITS"
BY AMENDING SECTION 18-33(a) TO DELETE
REQUIREMENT TO FIRST OBTAIN COUNTY
OCCUPATIONAL LICENSE; BY AMENDING SECTION 18-
34 TO PROVIDE FOR REQUIREMENT OF CERTIFICATE
OF USE; AND BY AMENDING SECTION 18-42 "TAX
SCHEDULE," TO REVISE THE OCCUPATIONAL LICENSE
TAX RATE FOR MANICURISTS AND TO SPECIFY
OCCUPATIONAL LICENSE TAX RATE FOR
IMPORT/EXPORT; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission has, pursuant to Ordinance No. 96-13 and as
amended by Ordinance 98-06, adopted an Occupational License Tax Schedule in
accordance with Section 205.0315, Florida Statutes; and
WHEREAS, the City Commission is desirous of further amending certain provisions
of Chapter 18, Article II, Occupational License Taxes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Article II Occupational License Taxes, of Chapter 18 "Business
Regulations, Licenses and Permits" of the City Code is hereby amended to read as
follows:~
Section 18-33.
affidavit of applicant for license; annual filing of
information.
(a) No license shall be issued or granted under this article to
any applicant to engage in the business of selling
Underlined material indicates additions to existing text; cr_,c::cd cu't. rnatedal indicates deletions from existing test.
Ordinance No. 2000-__
Page 2
merchandise at retail or wholesale or the practice or pursuit
of any profession or occupation coming within any of the
categories set forth in this article ,~'r,!ess ~,",d ur, til thc
r .... , .... ,4 ..~. ........ ~ *~' .... ~ tc the ¢'~*" pt
...... ~ .......... ~. ............... · exce upon
written application filed with the City. The applicant shall
execute an affidavit before an officer or employee of the City
authorized to administer oaths, which shall set forth the
following:
Sec. 18-34. Prerequisites for granting license; Certificate
of Use required; invalid licenses.
(a) A Certificate of Use shall be required prior to the
issuance of any new occupational license. The fee for such
Certificate of Use is $35.00.
fb~ No license shall be granted under this article until there
has been full compliance with section 18-33 and 18-34(a), and
no license which may have been granted without full and
complete compliance with the provisions of this article shall be
a protection to the applicant in any civil or criminal proceeding.
Sec. 18-42. Tax Schedule
Import/Export $100.00
Manicurists, each .......... $30.00
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, clauses, and phrases of this Ordinance but they shall
Ordinance No. 2000-__
Page 3
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 City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of Aventura, Florida; 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.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Commissioner
Beskin, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen absent
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded
Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
3
Ordinance No. 2000-__
Page 4
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 11th day of July, 2000.
PASSED AND ADOPTED on second reading this 1 st day of August, 2000.
AFl'EST
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY AT-I'ORNEY
4
ORDINANCE NO. 2000-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER OF THE CITY CODE BY ADDING
SECTIONS 1 THROUGH 16; PROVIDING THE TERMS AND
CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND
MAINTAINING OF A TELECOMMUNICATIONS FACILITY IN,
ON, ACROSS, ABOVE OR IN ANY MANNER WHATSOEVER
USING THE CITY'S PUBLIC RIGHTS OF WAY FOR THE
PROVISION OF TELECOMMUNICATIONS SERVICE;
PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST;
PROVIDING FOR CONFORMANCE WITH APPLICABLE LAW;
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of the City of Aventura has determined it is in the public
interest of the City to permit the placement of one (1) or more Telecommunications Systems or
Facilities in the Public Rights-of-Way of the City; and
WHEREAS, it is the intent of the City Commission to encourage competition by providing
access to the Public Rights-of-Way to the City on a nondiscriminatory basis; and
WHEREAS, Section 364.0361, Florida Statutes, requires that a local government treat
Telecommunications Companies in a nondiscriminatory manner when exercising the authority to
manage the Public Rights-of-Way; and
WHEREAS, it is the intention of the City Commission to recognize the interests of
Telecommunications Service Providers to install their facilities in Public Rights-of-Way as a means of
promoting the use of such technology for the good of the people of the City; and
Ordinance No. 2000-
Page 2
WHEREAS, it is the intent of the City Commission to exercise the City's authority over the
Telecommunications Service Providers' occupancy of the Public Rights-of-Way; and
WHEREAS, these policies are in complete accord with both the letter and the spirit of the
Communications Act of 1934, as amended; and
WHEREAS, the enactment of the Telecommunications Act of 1996, amendments to
applicable statutes of the State of Flofida and developments in telecommunications technology and
services have resulted in an increase in the number of persons certified by the Florida Public Service
Commission to provide Telecommunications Services; and
WHEREAS, various Telecommunications Service Providers have requested the fight to
occupy the Public Rights-of-Way of the City for the purpose of installing, maintaining and operating
Telecommunications Systems or Facilities; and
WHEREAS, it is the City's intent to treat each Telecommunications Service Provider on a
competitively neutral and nondiscriminatory basis in granting access for use of the City's Public
Rights-of-Way; and
WHEREAS, the Public Rights-of-Way subject to the control of the City (1) are critical to the
travel of persons and the transport of goods and other tangibles in the business and social life of the
community by all citizens; (2) are a unique and physically limited resource and proper management by
the City is necessary to maximize efficiency, minimize the costs to the taxpayers of the foregoing
uses, and to minimize the inconvenience to and negative effects upon the public from such facilities'
construction, placement, relocation, and maintenance in the Public Rights-of-Way; (3) are intended
Ordinance No. 2000-
Page 3
for public uses and must be managed and controlled consistently with that intent; and
WHEREAS, it is the intent of the City to exercise its authority to impose fees and adopt
reasonable rules and regulations to the fullest extent allowed by Federal and State law.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AS FOLLOWS:
SECTION 1. Creation.
Sections through are hereby created as follows:
Section 1. Title.
This Ordinance shall be known and may be cited as the City of Aventura Telecommunications
Ordinance.
Section 2. Intent and Purpose.
It is the intent of the City of Aventura to promote the public health, safety, and general
welfare by providing for the use of the City's Public Rights-of-Way, to adopt and administer
reasonable regulations consistent with State and Federal Law, including Section 337.401, Florida
Statutes, and the City's home-rule authority in accordance with the provisions of the
Telecommunications Act of 1996, to provide for the payment of compensation and other
consideration by a Telecommunications Service Provider to the City for the cost of maintaining the
Public Rights-of-Way and for the privilege of using the City's Public Rights-of-Way for constructing
and maintaining Telecommunications Facilities; and to establish the reasonable regulations concerning
the use of the Public Rights-of-Way by all Telecommunications Service Providers granted after the
Ordinance No. 2000-
Page 4
effective date of this Ordinance. In regulating its Public Rights-of-Way, the City shall be governed by
and shall comply with all applicable Federal, State and local laws and regulations.
Section 3. Definitions.
For the purpose of this Ordinance, the following terms, phrases, words and derivations shall
have the meanings given herein. When not inconsistent with the context, words used in the present
tense include the future tense, words in the plural number include the singular number, and words in
the singular number include the plural number. The words "shall" and "will" are mandatory, and
"may" is permissive. Words not otherwise defined herein or in any permit that might be granted
hereunder shall be given the meaning set forth in the Communications Act of 1934, 47 U. S C. § 151
et seq., as amended (collectively the "Communications Act"), and, if not defined therein, as defined by
Florida Statute; and, if not defined therein, be construed to mean the common and ordinary meaning.
A. "City" means the City of Aventura, an incorporated municipality of the State of
Florida, in its present form or in any later reorganized, consolidated, or enlarged form.
B. "Registrant" or "Facility Owner" shall mean a Telecommunications Company that
has Registered with the City in accordance with the provisions of this Ordinance.
C. "Registration" and "Register" shall mean the process described in Section 4
whereby a Telecommunications Provider provides certain information to the City.
D. "Gross Receipts" shall mean all cash, credits or property of any kind or nature, with
deductions for bad debt expense, reported as revenue items to the Registrant's audited income
statements arising from, or attributable to Recurring Local Service Revenues of Registrant within the
Ordinance No. 2000-
Page 5
City. The City reserves the right to amend the definition contained herein as permitted by applicable
Law. The definition herein shall not be applicable as of October 1, 2001; or such other date as
provided by law, provided that Section 337.401, Florida Statues is amended effective October 1,
2001, as set forth in Florida Senate Bill 1338, enacted by the Florida Legislature on May 5, 2000.
E. "Law" means any local, State or Federal legislative, judicial or administrative order,
certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, guideline or
other requirements, as amended, now in effect or subsequently enacted or issued including, but not
limited to, the Communications Act of 1934, 47 U.S.C § 151 et seq. as amended by the
Telecommunications Act of 1996, Pub L. No. 104-104 § 101(a), 110 Stat. 70 codified at 47 U.S.C.,
and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications
Commission or the governing State authority pursuant thereto.
F. "Person" means any individual, corporation, partnership, association, joint venture,
organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or
personal representative thereof, but shall not mean the City.
G. "PSC" means the Florida Public Service Commission.
H. "Public Rights-of-Way" means the surface, the airspace above the surface and the
area below the surface of any public street, highway, road, boulevard, concourse, driveway, fi-eeway,
thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier, court,
lane, path, alley, way, drive, circle, public easement, public place, or any other property in which the
City holds any kind of property interest or over which the City exercises any type of lawful control
Ordinance No. 2000-
Page 6
and may lawfully grant access to pursuant to applicable law. "Public Rights-of-Way" shall not
include any real or personal City property except as described above and shall not include City
buildings, fixtures, and other structures or improvements, regardless of whether they are situated in
the Public Rights-of-Way.
I. "Recurring Local Service Revenues" means revenues from the monthly recurring
charges for local service, including but not limited to (1) recurring basic area revenues derived from
the provision of flat-rated basic area services; (2) recurring optional extended area revenues derived
from the provision of optional extended area services; (3) local private line revenues derived from
local services which provide communication between specific locations, either through dedicated
circuits, private switching arrangements, predefined transmission paths, whether virtual or physical, or
any other method of providing such services; (4) revenues from the sale of local services for resale;
and (5) other local service revenues from the provision of secondary features that are integrated with
the telecommunications network, including, without limitation, services such as call forwarding, call
waiting, and touchtone line service. Except as provided herein, revenues from all recurring local
services provided by a Registrant over a Telecommunications Facility or System in the Public Rights-
of-Way shall constitute Recurring Local Service Revenues subject to this Ordinance. Recurring Local
Service Revenues do not include revenues from (1) toll charges for the transmission of voice, data,
video, or other information; (2) access charges paid by carriers for origination and/or termination of
toll telephone service as defined in Section 203.012(7), Florida Statutes, or other charges required by
the Federal Communications Commission which are directly passed through to end users; (3)
Ordinance No. 2000-
Page 7
interstate service; (4) ancillary services such as directory advertising, directory assistance, detailed
billing services, inside wire maintenance plans, bad check charges, and non-recurring charges for
installation, move, changes or termination services; (5) cellular mobile telephone or
telecommunications services; or specialized mobile telephone or telecommunications service; or
specialized mobile radio, or pagers or paging service, or related ancillary services; (6) public
telephone charges collected on site; (7) teletypewriter or computer exchange services as defined in
Section 203.012(6), Florida Statutes; or (8) local message rated (message, unit or time basis) and
minutes of use charges in excess of the minimum flat-rated charges for similar services. This
definition shall not be applicable as of October 1, 2001, or such other date as provided by law,
provided that Section 337.401, Florida Statutes is amended effective October 1, 2001, as set forth in
Florida Senate Bill 1338, enacted by the Florida Legislature on May 5, 2000.
J. "Telecommunications Company" has the meaning set forth in Section 364.02(12),
Florida Statutes, as amended. The term "Telecommunications Company" does not include an open
video system.
K "Telecommunications Service" shall include, without limitation, local service, toll
service as defined in Section 203.012(7) Florida Statutes, telegram or telegraph service,
teletypewriter service, private communication service as defined in Section 203.012(4) Florida
Statutes, or any other provision of two-way communications services to the public for hire.
"Telecommunications Service", as contemplated herein, does not include the provision of service
via an open video system, which shall require separate authorizations from the City.
Ordinance No. 2000-
Page 8
L. "Telecommunications Service Provider" shall refer to any person providing
Telecommunications Services, as defined herein, through the use of a Telecommunications Facility.
M. '~Telecommunications Facilities", "Facilities" or"Systems" means cables, conduits,
converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location
markers, appurtenances, and related facilities located, to be located, used, or to be used, by a
Telecommunications Service Provider in the Public Rights-of-Way of the City and used or useful for
the transmission of Telecommunications Services.
Section 4. Registration.
A. Each Telecommunications Service Provider that desires to erect, construct, install,
maintain, repair, expand, or use any Telecommunications Facilities in, under, over or across any
Public Right-of-Way in the City shall first Register with the City in accordance with the terms of this
Ordinance. As to Toll Service providers, such Registration shall be accepted by the City as an
ordinance of the City Commission.
B. Any Telecommunications Provider desiring to use the Public Right-of-Way shall file a
Registration with the City which shall include the following information:
(1) identify of the applicant and name, address and telephone number of applicant's primary
contact person in connection with the Registration;
(2) general description of the services to be provided (in other words, if applicant is or expects
to be a Local Service Provider and/or a Toll Service Provider);
(3) evidence of the insurance coverage required under this Ordinance and acknowledgment
Ordinance No. 2000-
Page 9
that Registrant has received and reviewed a copy of this Ordinance; provided that such
acknowledgment shall not be deemed an agreement;
(4) a copy of Federal and/or State Certification authorizing the applicant to provide
Telecommunications Services.
C The City will review the information submitted by the applicant. Such review will be
by the City Manager or his or her designee. If the applicant submits information in accordance with
Section B above, the Registration shall be effective and the City shall notify the applicant of the
effectiveness of Registration in writing. If the City determines that the information has not been
submitted in accordance with Section 4B above, the City shall notify the applicant of the non-
effectiveness of Registration, and reasons for the non-effectiveness, in writing. The City shall so reply
to an applicant within thirty (30) days after receipt of registration information from the applicant. A
Registrant may cancel a Registration upon written notice to the City noticing that it will no longer
provide Local Service or Toll Service using Public Rights-of-Way in the City and will no longer need
to pull permits to perform work in Public Right-of-Way.
D. A Registration shall not convey title, equitable or legal, in the Public Right-of-Way.
Registrants may only occupy Public Rights-of-Way for Telecommunications Facilities. Registration
does not excuse a Telecommunications Provider from obtaining appropriate access or pole
attachment before locating its Facilities on another Person's facilities. Registration does not excuse a
Provider from complying with all applicable City ordinances, including this Ordinance.
E. Each applicant for a Registration or renewal thereof shall submit a non-refundable
Ordinance No. 2000-
Page 10
application fee with the application in the amount of $2,500; provided that the fee may be credited
against fees due under Section 5 below. Fee amounts shall be established by Resolution of the City
Commission but in no event shall exceed the City's costs incurred in reviewing the application
F. Registration with the City shall be nonexclusive. Registration does not establish any
priority for the use of the Public Right-of-Way by a Registrant or any other Registrants. Registrations
are expressly subject to any future amendment to or replacement of this Ordinance and further subject
to any additional City Ordinances, as well as any state or federal laws that may be enacted during the
term of the Registration.
Section 5. Fees and Payments.
A In consideration for the rights, privileges and permission granted hereunder, a
Registrant hereunder shall pay to the City annually a sum equal to one percent (1%) of Gross
Receipts of the Registrant on Recurring Local Service Revenues for services provided within the
corporate limits of the City. Included within such one percent (1%) maximum fee or consideration
are all taxes, licenses, fees, in-kind contributions accepted pursuant to Florida Statute 337.401 (5), and
other impositions except ad valorem taxes and amounts for assessments for special benefits, such as
sidewalks, street pavings, and similar improvements, and occupational license taxes levied or imposed
by the City upon a Registrant. In the event that applicable law currently permits or is amended to
permit the City to collect a fee higher than one percent (1%), or permits the City to calculate the fee
on revenues not specified herein, the Registrant agrees to increase, following written notice from the
City, its fee payments to the City to that higher amount on the effective date of such law. In the event
Ordinance No. 2000-
Page 3. 3_
applicable law is amended to require the City to collect a fee lower than the current statutory limit,
the City shall take all necessary steps to conform the requirements hereof to applicable law. All of the
aforestated payments shall be made to the City quarterly, with such payments made within twenty
(20) days following the end of each calendar quarter. Payments received after the 31~ day shall be
subject to interest at the maximum allowed by law.
B. In the event a Registrant provides Telecommunications Services defined as toll
services in Section 203.012 (7), Florida Statutes, as a condition for granting permission to occupy or
use the Public Rights-of-Way of the City, the Registrant shall pay to the City annually no less than
Five Hundred Dollars ($500) per linear mile of any cable, fiber optic, or other pathway that makes
physical use of the Public Rights-of-Way. Any fee or other consideration imposed by this Subsection
in excess of Five Hundred Dollars ($500) per linear mile shall be applied in a nondiscriminatory
manner and shall not exceed the sum ot~
(l) Costs directly related to the inconvenience or impairment solely caused by the
disturbance of the Public Rights-of-Way;
(2) The reasonable cost of the regulatory activity of the City; and
(3) The proportionate share of cost of land for such street, alley or other public
way attributable to utilization of the Public Rights-of-Way by a Telecommunications Service
Provider.
The fee or other consideration imposed pursuant to this subsection shall not apply in any
manner to any Telecommunications Company which provides Telecommunications Services as
Ordinance No. 2000-
Page ~_ 2
defined in Section 203.012(3), Florida Statutes for any services provided by such
Telecommunications Company.
C. Notwithstanding anything herein to the contrary, the City shall at all times hereby
require the maximum compensation allowed under applicable law.
D. Except to the extent prohibited by applicable law: (1) the fee payments to be made
pursuant to this Section shall not be deemed to be in the nature ora tax; (2) such fee payments shall
be in addition to any and all taxes ora general applicability; (3) a Registrant shall not have or make
any claim for any deduction or other credit of all or any part of the amount of said fee payments from
or against any of said City taxes or other fees or charges of general applicability which a is required to
pay to the City, except as required by Law; and (4) the fee specified herein is the minimum
consideration for use of the Public Rights-of-Way, including all public easements, for the purpose of
installing and maintaining a Telecommunications Facility.
E. The payments required under this Section shall not apply as of October 1, 2001, or
such other date as provided by law, provided that Section 337.401, Florida Statutes is amended
effective October 1,2001, as set forth in Florida Senate Bill 1338, enacted by the Florida Legislature
on May 5, 2000.
Section 6. Reports and Records.
A. The City may, at its option, upon sixty (60) days notice to the Registrant, but in no
event more often than once per year, examine the records and accounting files, and such other books
and records, if such records relate to the calculation of fee payments or any other payments due to the
Ordinance No. 2000-
Page 13
City under the terms of this Ordinance. The examination of such books, accounts, records or other
materials necessary for determination of compliance with the terms, provisions, and requirements of
tNs Ordinance shall be during regular hours of business of the Registrant at an office of the Registrant
located within the City, or at another location satisfactory to the City. In the event that the City,
pursuant to an audit, determines that there exists a discrepancy in the amount paid and the amount
owed to the City by the Registrant in excess of five percent (5%), Registrant shall pay all reasonable
costs, fees and expenses of the audit. This Section shall not apply for periods al%r October 1, 2001
or such other date as provided by law, provided that Section 337.401, Florida Statutes is amended
effective October 1,2001, as set forth in Florida Senate Bill 1338, enacted by the Florida Legislature
on May 5, 2000.
B. Upon reasonable request, a Registrant shall provide the following documents to the
City as received or filed:
(1) Any pleadings, petitions, notices, applications, communications, reports
and documents, and responses thereto, which may directly impact the obligations under tNs
Ordinance.
(2) Any request for protection under bankruptcy laws, or any judgment
related to a declaration of bankruptcy.
C. In addition, the City may, at its option, and upon reasonable notice to the Registrant,
inspect the Facilities in the Public Rights-of-Way to ensure the safety of its residents.
D. The City shall keep any documentation, books and records of the Registrant
Ordinance No. 2000-
Page 14
confidential to the extent required under Florida Statutes.
Section 7. Underground Installation; Relocation.
A. To the extent required by applicable FPSC rules and regulations, a Registrant shall
install its Facilities underground.
B. Every Registrant which places or constructs Telecommunications Facilities
underground shall maintain appropriate participation in the regional notification center for subsurface
installations.
C.
Any Telecommunications Facilities heretofore or hereafter placed upon, under, over,
or along any Public Rights-of-Way that is found by the City to be unreasonably interfering in any way
with the convenient, safe or continuous use or the maintenance, improvement, extension or expansion
of such Public Rights-of-Way shall, upon thirty (30) days written notice to the Registrant or its agent,
be removed or relocated by such Registrant at its own expense except as explicitly provided under
Section 337.403, Florida Statutes. The City Manager may waive or extend the time within which a
Registrant shall remove or relocate a Telecommunications Facility, for good cause shown.
D. Subject to Section 337.403, Florida Statutes, whenever an order of the City requires
such removal or change in the location of any Telecommunications Facility from the Public Rights-of-
Way, and the Facility owner fails to remove or change the same at its own expense to conform to the
order within the time stated in the notice, the City may proceed to cause the Telecommunications
Facility to be removed. The expense thereby incurred except as provided in Section 337.403 (1)(a)-
(c), shall be paid out of any money available therefor, and such expense shall be charged against the
Ordinance No. 2000-
Page ~15
owner of the Telecommunications Facility and levied, collected and paid to the City.
E. Subject to Section 337.403, Florida Statutes, whenever it shall be necessary for the
City to remove or relocate any Telecommunications Facility, the owner of the Telecommunications
Facility, or the owner's chief agent, shall be given notice of such removal or relocation and an order
requiring the payment of the costs thereof, and shall be given reasonable time, which shall not be less
than twenty (20) nor more than thirty (30) days in which to file an appeal with the City Commission
to contest the reasonableness of the order. Upon receipt of a written appeal, the City Commission
shall place the matter on the Commission's agenda for consideration within forty-five (45) working
days. Should the owner or the owner's representative not appear, the determination ofthe cost to the
owner shall be final, in accordance with Section 337.404, Florida Statutes.
F. A final order of the City shall constitute a lien on any property of the owner and may
be enforced by filing an authenticated copy of the order in the office of the Clerk of the Circuit Court
of the County wherein the owner's property is located.
G. The City retains the right and privilege to cut or move any Facilities located within the
Public Rights-of-Way of the City, as the City Manager in his/her reasonable discretion may
determine to be necessary, appropriate or useful in response to any public health or safety emergency.
If circumstances permit, the City shall attempt to notify the owner of the Facility, if known, prior to
cutting or removing a Facility and shall notify the owner of the Facility, if known, after cutting or
removing a Facility.
H. Upon abandonment of a Facility within the Public Rights-of-Way of the City, the
Ordinance No. 2000-
Page 1 6
owner of the Facility shall notify the City within ninety (90) days. Following receipt of such notice,
the City may direct the Facility owner to remove all or any portion of the Facility if the City
determines that such removal will be in the best interest of the public health, safety and welfare. In the
event that the City does not direct the removal of the abandoned Facility by the owner of the Facility,
such owner, by its notice of abandonment to the City, shall be deemed to consent to the alteration or
removal of all or any portion of the Facility by another utility or person.
I. Notwithstanding anything to the contrary, a Facility owner agrees to provide the City,
within thirty (30) days of filing or receipt of such, any document that may prevent compliance with
the requirements of a permit in connection with the installation, construction or maintenance of its
Facilities, or use of Facilities in the Public Right-of-Way. This obligation shall only extend to such
work in the Public Right-of-Way for which a Facility owner has applied for, or obtained a permit from
the City,
Section 8. Use of Rights-of-Way.
A. A Facility owner agrees at all times to comply with and abide by all applicable
provisions of the State statutes and local laws including, but not limited to, applicable zoning
regulations not inconsistent with State and Federal laws.
B. Except in the case of an emergency, which shall include without limitation an out of
service condition affi:cting 911 service, and which shall require subsequent notification to the City, no
Telecommunications service provider shall construct any Facility on, over, above, along, upon, under,
across, or within any Public Right-of-Way which disrupts the Public Rights-of-Way without first filing
Ordinance No. 2000-
Page 17
an application with and obtaining a permit from the City therefor, pursuant to applicable permitting
requirements of the City, including but not limited to Section 28-2 of the City Code, except as
otherwise provided in this Ordinance. In case of the repair or maintenance of an existing Facility, the
City may impose lesser requirements than those set forth herein. Unless otherwise required by the
City Code, no permit shall be required for installation and maintenance of service connections to
customers' premises where there will be no disruption of the Public Rights-of-Way.
C. As part of any permit application, the Facility owner shall provide a proposal for
construction of the Telecommunications Facility that sets forth at least the following:
(1) The location of the proposed Facility, including a description of the feet of
plant to be installed, where it is to be located, and the approximate size of Facilities and equipment
that will be located in, on, over, or above the Public Rights-Of-Way.
(2) A description of the manner in which the System will be installed (i.e.
anticipated construction methods and/or techniques), the time required to construct the System, a
maintenance of traffic plan for any disruption of the Public Rights-of-Way, including information on
the ability of the Public Rights-of-Way to accommodate the proposed System, if available (such
information shall be provided without certification as to correctness, to the extent obtained fi.om other
users of the Public Rights-of-Way). Also, if appropriate given the System proposed, an estimate of
the cost of restoration to the Public Rights-of-Way. Such plan shall include the timetable for
construction for each phase of the project, and the areas of the City which will be affected.
D. The City may request such additional information as it finds reasonably necessary to
Ordinance No. 2000-
Page 18
review an application for a permit to perform work in the Public Rights-of-Way. The City shall have
the power to prohibit or limit the placement of new or additional facilities within the Public Rights-of-
Way if there is insufficient space to accommodate all of the requests ofpermittees to occupy and use
the rights-of-way. The City shall strive to the extent possible to accommodate all existing and
potential users of the Public Rights-of-Way, but may prohibit or limit placement of new or additional
facilities in any Public Right-of-Way as required because of condition of the Public Rights-of-Way,
the protection of existing facilities in the Public Rights-of-Way, and future City plans for public
improvements and development projects which have been determined by the City to be in the public
interest.
E. All Facilities shall be installed, located and maintained so as not to unreasonably
interfere with the use of the Public Rights-of-Way, by the traveling public and to cause minimum
interference with the rights and convenience of property owners who adjoin any of the Public Rights-
of-Way. The use of trenchless technology (i.e., directional bore method) for the installation of
Facilities in the Public Rights-of-Way as well as joint trenching and/or the co-location of facilities in
existing conduit is strongly encouraged, and should be employed wherever possible. The City may
issue such rules and regulations concerning the installation and maintenance of a Telecommunications
Facility in the Public Rights-of-Way, as may be consistent with applicable Law.
F. Ail safety practices required by applicable Law or accepted industry practices and
standards shall be used during construction, maintenance, and repair of the Telecommunications
Facilities.
Ordinance No. 2000-
Page 19
G. In the event that at any time during the term of the rights granted herein the City shall
lawfully elect to alter, or change the grade of, any Public Rights-of-Way, upon reasonable notice by
the City, shall make any necessary removals, relaying and relocations of its Telecommunications
Facilities at its own expense, in accordance with applicable Law.
H. A Facility owner shall obtain any and all required permits and pay any and all required
fees before commencing any construction on or otherwise disturbing any Public Rights-of-Way as a
result of its construction, except as provided herein. The Facility owner shall, at its own expense,
restore such property to as good a condition as existed prior to commencement of work. If such
restoration is not performed in a reasonable and satisfactory manner within thirty (30) calendar days
after the completion of construction, the City may, after prior written notice to Registrant, cause the
repairs to be made at the Facility's owner expense. A permit from the City constitutes authorization
to undertake only certain activities on Public Rights-of-Way in accordance with this Ordinance, and
does not create a property fight or grant authority to impinge upon the rights of others who may have
an interest in the Public Rights-of-Way. Nothing herein shall prohibit the City fi~om negotiating with a
Facility owner for the installation of a City conduit in any open trench that may be permitted; or
prohibit a Facility owner from exercising its rights under 47 U.S.C. Section 224.
I. All ongoing installation, construction and maintenance of a Telecommunications
Facility located in the Public Rights-of-Way shall be subject to the City's periodic inspection, upon no
less than three (3) days written notice to the Facility owner, for compliance with this Ordinance, or
any applicable provisions of the City Code.
Ordinance No. 2000-
Page 2 0
J. A Facility owner shall not place its Facilities so as to interfere unreasonably with any
other person lawfully using the Public Rights-of-Way of the City.
K To the extent the installation of new facilities differs in any material respect from the
plans delivered to the City during the permitting process, a Registrant shall deliver to the City, upon
completion of any installation or construction of new facilities, as-built plans showing the location of
such facilities, or other such plans acceptable to the City Manager. Such plans shall be provided in
digitized format or other format acceptable to the City Manager. The City will provide advance
written notice to Registrants indicating the format desired.
L. Suspension of Permits. Subject to Subsection M below, the City may suspend a
permit for work in the Public Rights-of-Way for one or more of the following reasons:
(1) violation of permit conditions, including conditions set forth in this
Ordinance or other applicable provisions of the City Code or regulations governing use of Public
Rights-of-Way; or
(2)
to the City; or
misrepresentation or fraud by Registrant in a Registration or permit application
(3) failure to relocate or remove facilities as may be lawfully required by the City.
M. Final, written decisions of the City suspending a permit or denying an application for a
Registration are subject to appeal. An appeal must be filed with the City within thirty (3 0) days of the
date of the final, written decisions to be appealed. Any appeal not timely filed as set forth above shall
be waived.
Ordinance No. 2000-
Page 21
Section 9. Compliance with Other Laws; Police Power.
A Facility owner shall at ail times be subject to and shall comply with all applicable Federal,
State and local Laws. A Facility owner shall at all times be subject to all lawful exercises of the police
power of the City, to the extent not inconsistent with applicable Laws.
Section 10. Transfer of Control; Sale or Assignment.
A. If the Registrant transfers or assigns its Registration incident to a saie or other transfer
of the Registrant's assets, the transferee or assignee shall be obligated to comply with the terms of
this Ordinance. Written notice of any such prospective transfer or assignment shail be provided to the
City at least twenty (20) days in advance of the date of such transfer. In order for the transfer of
Registration to be effective, such written notice must include the identity of the prospective transferee
or assignee, evidence of insurance coverage and acknowledgment as required in Section 4 of this
Ordinance.
B.
Notwithstanding anything in this Ordinance, pledges in trust or mortgages or other
hypothecations of the assets of the Registrant to secure the construction, operation or repair of its
Telecommunications Facilities may be made to any person without notice to the City. Any mortgage,
pledge, lease or other encumbrance of the Telecommunications Facilities shall be subject and
subordinate to the rights of the City by virtue of this Ordinance or other applicable law.
Section 11. Insurance; Surety; Indemnification.
A. A Facility owner shall at all times maintain the following liability insurance coverage
insuring the Registrant and naming the City, its officers, boards, Commission, Commission members,
Ordinance No. 2000-
Page 2 2
agents and employees as an additional insured: worker's compensation and employer liability
insurance to meet all requirements of Florida law and general comprehensive liability insurance with
respect to the construction, operation and maintenance of the Telecommunications Facilities, and the
conduct of Registrant's business in the City, in the minimum amounts ot~
(1) $250,000 for property damage in any one accident:
(2) $500,000 for personal bodily injury to any one person: and
(3) $1,000,000 for personal bodily injury in any one accident.
B. All insurance policies shall be with sureties qualified to do business in the State of
Florida; shall be with sureties with a minimum rating of A-1 in Best's Key Rating Guide,
Property/Casualty Edition except as provided in (D) below. The City may require coverage and
amounts in excess of the above minimums where necessary to reflect changing liability exposure and
limits or where required by law. A Registrant may provide a portion of the insurance coverage
required by Section 11 (A) through excess or umbrella policies of insurance and where such policies
are in a form acceptable to the City's Risk Manager. C. A Registrant shall keep on file with the
City certificates of insurance which certificates shall indicate evidence of payment of the required
premiums and shall indicate that the City, its officers, boards, Commission, Commission members,
agents and employees are listed as additional insureds. In the event of a potential claim such that the
City claims insurance coverage, the Facility owner shall immediately respond to all reasonable
requests by the City for information with respect to the scope of the insurance coverage.
D. Ail insurance policies shall further provide that any cancellation or reduction in
Ordinance No. 2000-
Page 2 3
coverage shall not be effective unless thirty (30) days' prior written notice thereof has been given to
the City. A Registrant shall not cancel any required insurance policy without submission of proof that
the Registrant has obtained alternative insurance satisfactory to the City which complies with this
Ordinance. A Registrant that elects to self-insure all or a portion of the insurance coverage and limit
requirements required by this Section is not required, to the extent of such self-insurance, to comply
with the requirement for the naming of additional insureds under this Section. A Registrant that elects
to self-insure shall provide to the City evidence sufficient to demonstrate its financial ability to self-
insure the insurance coverage and limit requirements required under this Section, such as evidence
that the Registrant is a '~private self insurer" under the Workers Compensation Act. For purposes of
this Section, "self-insure" shall also include a Registrant which insures through a "captive insurer" as
defined in Section 628901, Florida Statutes.
E. A Registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend
the City, its officials, boards, Commission, Commission members, agents, and employees, against any
and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and
costs and expenses arising out of the construction, maintenance or operation of its
Telecommunications System or Facilities, regardless of whether the act or omission complained of is
authorized, allowed or prohibited by this Ordinance, provided, however, that a Facility owner's
obligation hereunder shall not extend to any claims caused by the misconduct or negligence of the
City, its officials, boards, Commission, Commission members, agents or employees. In addition, and
notwithstanding anything to the contrary, any Telecommunications service provider seeking initial or
Ordinance No. 2000-
Page 2 4
renewal registration on or after the effective date of this Ordinance shall indemnify and hold harmless
the City, its officials, boards, Commission, Commission members, agents or employees from any
claim arising by a third party under Federal or State law, provided, however, that Registrant's
obligation hereunder shall not extend to any claims caused by the misconduct or negligence of the
City, its officials, boards, Commission, Commission members, agents or employees. This provision
includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any
such claim, suit or proceedings, claims arising out of copyright infringements or a failure by the
Registrant to secure consents from the owners, authorized distributors, or providers of
telecommunications services, and claims against the Registrant for invasion of the right of privacy,
defamation of any person, firm or corporation, or the violation or infringement of any copyright, trade
mark, trade name, service mark or patent, or of any other right of any person, firm, or corporation.
City agrees to notify the Registrant, in writing, within a reasonable time of City receiving notice, of
any issue it determines may require indemnification. Nothing in this Section shall prohibit the City
from participating in the defense of any litigation by its own counsel and at its own cost if in the
City's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a
conflict.
Section 12. Construction Bond.
A. Except in the case of an emergency, which shall include without limitation an out of
service condition affecting 911 service, or as otherwise set forth in the City Code where a permit may
not be required, prior to performing any work in the Public Rights-of-Way, aRegistrant shall establish
Ordinance No, 2000-
Page 2 5
in the City's favor a construction bond in an amount specified in an engineering permit or other
authorization as necessary to ensure the Registrant' s faithful performance of the construction or other
work in the Public Rights-of-Way, in accordance with Section 510 of the Land Development
Regulations of the City. The amount of the construction bond, if required, shall be as set forth in the
engineering permit, and may be modified, in the City Manager's reasonable discretion, based on the
cost of the construction to take place in the Public Rights-Of-Way, and any previous history of the
Registrant concerning construction within the Public Rights-of-Way of the City.
B. In the event a Registrant subject to such a construction bond fails to complete the
work in a safe, timely and competent manner in accordance with the provisions of the permit, there
shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or
loss suffered by the City as a result, including the full amount of any compensation, indemnification or
cost of removal or abandonment of any property of the Registrant, or the cost of completing the
work, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond.
C. No less than six (6) months af[er the completion of the construction of the
Telecommunications Facility and payment of all construction obligations to the satisfaction of the
City, the City may eliminate the bond. However, the City may subsequently require a new bond for
any subsequent work in the Public Rights-of-Way.
D. The construction bond shall be issued by a surety having a minimum rating orA-1 in
Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the City
Attorney; and shall provide that:
Ordinance No. 2000-
Page 2 6
"This bond may not be canceled, or allowed to lapse, until sixty (60)
days at~er receipt by the City, by certified mail, return receipt
requested, o£a written notice from the issuer of the bond of intent to
cancel or not to renew".
E. The rights reserved by the City with respect to any construction bond established
pursuant to this Section are in addition to all other rights and remedies the City may have under this
Ordinance, or at law or equity.
F. The rights reserved to the City under this Section are in addition to all other rights of
the City, whether reserved in this Ordinance, or authorized by other law, and no action, proceeding or
exercise cfa right with respect to the construction bond will affect any other right the City may have.
Section 13. Enforcement Remedies.
A. In addition to any other remedies available at law or equity or provided in this Ordinance,
the City may apply one or combination of the following remedies in the event a Registrant violates
this Ordinance, or applicable local law or order related to use of the Public Rights-of-Way:
(1) Failure to comply with the provisions of this Ordinance or other law applicable
to users and/or occupants of the Public Rights-Of-Way, may result in imposition of penalties to be
paid by the Registrant to the City in an amount of not less than One Hundred Dollars ($100.00) per
day or part thereof that the violation continues.
(2) In addition to or instead of any other remedy, the City may seek legal or
equitable relief from any court of competent jurisdiction.
Ordinance No. 2000-
Page 2 7
B. Before imposing a fine pursuant to this Section, the City shall give written notice of
the violation and its intention to assess such penalties, Milch notice shall contain a description of the
alleged violation. Following receipt of such notice, the Registrant shall have thirty (30) days to cure
the violation and the City shall make good faith reasonable efforts to assist in resolving the violation.
If the violation is not cured within that thirty (30) day period, the City may collect all fines owed,
beginning with the first day of the violation through any means allowed by law.
C. In determining which remedy or remedies are appropriate, the City shall take into
consideration the nature of the violation, the person or persons bearing the impact of the violation, the
nature of the remedy required in order to prevent further violations, and such other matters as the
City determines are appropriate to the public interest.
D. Failure of the City to enforce any requirements of this Ordinance shall not constitute a
waiver of the City's right to enforce that violation or subsequent violations of the same type or to
seek appropriate enforcement remedies.
E. In any proceeding before the City Commission wherein there exists an issue with
respect to a Registrant's performance of its obligations pursuant to this Ordinance, the Registrant
shall be given the opportunity to provide such information as it may have concerning its compliance
with the terms of the Ordinance. The City Commission may find a Registrant that does not
demonstrate compliance with the terms and conditions of this Ordinance in default and apply any one
or combination of the remedies otherwise authorized by this Ordinance.
F. The City Manager or his/her designee shall be responsible for administration and
Ordinance No. 2000-
Page 2 8
enforcement of this Ordinance, and is authorized to give any notice required by Law.
Section 14. Force Majeure.
In the event a Registrant's performance of or compliance with any of the provisions of this
Ordinance is prevented by a cause or event not witNn the Facility owner's control, such inability to
perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result
thereof, provided, however, that such owner uses all practicable means to expeditiously cure or
correct any such inability to perform or comply. For purposes of this Ordinance, causes or events not
within a Facility owners control shall include, without limitation, acts of God, floods, earthquakes,
landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil
disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court.
Causes or events within Registrant's control, and thus not falling within this Section, shall include,
without limitation, Registrant's financial inability to perform or comply, economic hardsNp, and
misfeasance, malfeasance or nonfeasance by any of Registrant's directors, officers, employees,
contractors or agents.
Section 15. Reservation of Rights.
A. The City reserves the right to amend this Ordinance as it shall find necessary in the
lawful exercise of its police powers.
B. This Ordinance shall be applicable to all Telecommunications Facilities permitted to be
placed in the Public Rights-of-Way, on or after the effective date of this Ordinance, and shall apply to
all existing Telecommunications Facilities in the Public Rights-of-Way prior to the effective date of
Ordinance No. 2000-
Page 2 9
this Ordinance, to the full extent permitted by State and Federal Law, bm shall not operate to impair
rights expressly granted by prior City Ordinance for the duration of such authorization. Inthe event
of any inconsistency between the terms and provisions of this Ordinance and an existing franchise or
other authorization, the existing franchise or other authorization shall prevail for the duration of such
franchise or other authorization. Providers with existing lines and cables have one hundred and
twenty (120) days from the Effective Date of this Ordinance to comply with the terms of this
Ordinance, or be in violation thereo£
SECTION 2. Repeal of Conflicting Ordinances.
All ordinances or part of ordinances, and all resolutions or part of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 3. Savings.
All fees, charges and financial obligations previously accrued pursuant to any ordinances and
resolutions repealed pursuant to Section 2 above shall continue to be due and owing until paid.
SECTION 4. 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 shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
This Ordinance shall be effective immediately upon adoption on second reading.
Ordinance No. 2000-
Page
The foregoing Ordinance was offered by Commissioner Beskin, who moved its adoption on
first reading. This motion was seconded by Commissioner Berger, and upon being put to a vote, the
vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen absent
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Commissioner
adoption on second reading. This motion was seconded by Commissioner
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Peflow
Mayor Arthur I. Snyder
who moved its
., and upon
PASSED AND ADOPTED on first reading this llth day of July, 2000.
PASSED AND ADOPTED on second reading this 1st day of August, 2000.
ATTEST
ARTHUR I. SNYDER, MAYOR
TERESA M SOROKA, CMC
CITY CLERK
Ordinance No. 2000-
Page '
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
1
" .
.
'W"'- :;,;'"
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
CITY OF AVENTURA
... ... A.D...
.....L....
Il8Ie _n_at PublIc ~: Tuesday. August 1, 2000
6:00 p.m.
AppllcMt _: Hooters Restaurant of Aventura
AppIlcont'I Aoq_:. Tho applicant iI req'-ing It10 followirill.
1) A lign variance 10 pennit It10 cisplay 0/ holiday
- ligtllo On the 1_ 0/ windows,
along It10 building c:omico _ "ves. and
along . porcl1 railing on a year-lOUlld bosls
whant the olgn code pennIts the diopIay 0/ SUch
lights only during a 45 day deslgnoted holiday.
season; and
2) A olgn variance 10 permit a third waN sign
measuring 24 oquare feet in .... on th.oouth
elevation 0/ the building where only two wall
signs ... permitted by code.
~n ~ oa-sV.oo
lacollon 01 SuIIjoct "'-\y: 20301 Blscayne Boulevard
LagaI Deocriptlon: Tract 'A', 'B', _'C'. 0/ IhoPlat 0/ THE PROM-
ENADE SHOPS, according to the plat thereof re-
corded in Plat Book 133. Page 39 0/ the PubliC
records of Miami-~ County. Florida. .
Sa at Subjacl Property: 26.91 l!CI8S total for ahopplng center;
22,500 1qU818 feet (0.52 acrel) this ap-
plication. .
Plans are on file ""d (!Jay bo .xamlnedduring regular b-., hours in
the CIty of Aventura. COmmuniIy Development ~t. 299il NE.191
Street. Sull. 500, Aver\tura, Florida; 33160. Plans may be modified al or
before the Public H.aring. The application may changedurtng Ibe hearing
process. .
Th. Public Hearing .will be h.ld at Biscayne Medical AIls llulJdng,
21110 Blscayna BouI8vard, Sullo 101. Aventura, Fforida, 331611 Your
comments may be made In person al the hearing orfiledln wriling prior to
the hearing dat.. R""'''' appIcantfproper on cotI8spondenll8_ mall
same to Oily 0/ Aventura, Community Dev8lopmentDepartrnent. 2999
NE 191 Street. &Jite 500. Aventunl. Fforida. 33160. For further Infonna.
lion. please call (305) 466-8940. .
In accordance with the Americans with DlsablUties Act of 1990 aHper.
sons who ... disabled and who need special accommodatfons to partici-
pate In this proceeding because 0/ that _ily should contact1he Office
of the City Clerk, 488-6901, not later than two business daysprlorto iUch
pnx>MKHngs. .
W a person _s 10 appeal ""y dleciolon made by the Cily Commis-
~sfon with .respect to ""Y matt.r oonsidared at a meeting or hearing. that
person wilt need al8l!Olll 0/ the Pf9C8tldIngs and, lor such ~. may'
.need to ensura Ihat.....rbafim record 0/ the ~!ll8Is-.whIch
record _". -..any and _ upon wt1Ii:n the ~ Ia to
. bo based. .
STATE OF FLORIDA
COUNTY OF MIAMI.DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Dally Business
Revtew flkla Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In MiamI-
Dade County, Florida; that the attached copy of advertise-
ment, being a legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC HEARING- AUG. 1, 2000
APPLICATION NO.: 03-SV-00
in the............ .~~~~?':..................... Court,
W~B."l'IiS~5i~ "~8'B'1'f"per in Ihe issues 01
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said MiamI-
Dade County, Florida, and that the said newspaper has
heretofore been continuously published In said Miam~Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mall
matter at the post office In Miami In said Miami-Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she has neither paid nor promised
any person, firm or corp<!:ra discount, rebate, com-
mission or ref d for t rpose 0 securing this advertls&-
ment for pu ca n. said ne paper.
{SEAL}
........ MARIA I. MESA
j'~"~"';t.I)ll(h\lQl4fiobSSlQN I CC 685640
;" .'.' EXPIRE~nJ.arr.n4. 2004
~N.....Jt~~ Bonded 1l11U Notary Public Undervm\ers
'1l.P':,,~~' -
7120
T..... M. Soroka. CMC. ClIy Clerk
lXh~7!l1iM
Octelma V. Ferbe
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
ST ATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Dally Business
Review f/kJa Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In MiamI-
Dade County. Florida; that the attached copy of advertise-
ment, being a legal Advertisement of Notice in the maner of
CITY OF AVENTURA
PUBLIC HEARING- AUG. 1, 2000
APPLICATION NO.: 03-AR-00
In the ....... ... ...~~:x-~~. ........... ...... ... Court,
W5fl"j'lis~5i~ sa~S~lraper in the issues of
Affiant further says that the said Miami Dally Business
Review Is a newspaper published at Miami In said MlamJ..
Dade County, Florida, and that the said newspaper has
heretofore been continuously published In said MlamJ..Dade
County, Florida, each day (except saturday, Sunday and
Legal Holidays) and has been entered as second class mall
mailer at the post office In Miami In said Miami-Dade
County, Florida, for a period of one year next preceding the
first publication of the anached copy of advertisement; and
affiant further says that she has nehher paid nor promlsed
any person, fir r corpor n Iscount, rebate, com-
mission or re d for t rpose of urlng this advertise-
ment lor p Ic said n per.
(SEAL) ,1!'l"::'ii:;;;;: MARIA I, MESA
Oct.'ma V, F ~?"',fn~Yii:Q~OI\MC 885640
..~~..: ~lJ:1~S'; lrarch 4, 2004
',,9f,,~." BoniiedThruNOlaryPubllcUrldF.-rw,i1ers
I
.
cnYOF AVEIITURA
D8la IIld T1ma of PuIlUc HIarhlg: Tuosday. August I. 2000
6:00 p.m.
AppIlcInt _: Aventura Corporate Center
AppB...,r. AIq\lIIt: Th. oppIicInt Is requesting abandonment of an
unimpn>ved l,38-fool segment of NE 208 Ter-
race and an unImpruved, 2115-400f segment of
alley.
Application Numller: 03-AR-Oll
Loca1Ion 01 SUbIecI Projlerly: Unl~ NE 208 Terraoe extend-
ing from NE 30 A_ to the west
appIOldmateIy 138 _, and an un-
impruved alley extending from the '
previously described rlghl-of-way of
NE 206 Terrace north approximately
205 feet to NE 209 Street.
lIpI_crlp1lon: Ail that portion 01 NE 208 Terraoe (fonnerty known
as North Golden Drivel lying between Blocks 10
and 11 of HAllANDALE PARK NO.9, according
to the pialther8of. as recorded in Plat Book 23 at
Page 26 of the Public Records of Dade County,
Florida, which ties West 01 the Southerty projec-
tion of the East Une of said Block 10 and East of
the Southerly projection of the West line of Lot 37,
Block 10 of seid plat of HAUANDALE PARK NO.
9.
and
Thal_l0toot wide Ney in Block 10, HAUAN.
DALE PARK NO. 9 according to the plat thereof, as
recorded in Plat Book 23 at Page 26 of the Public
IIeCOrdS or Dade County. F1orlda, which Res West of
the Southerly projection of the east Une of said Bicck
10 and _ or the southerty production or the west
lineof lot 39, Bicck 10 of said plat of HAUANDALE
PARK NO. 9.
_ of SUbject Property: Approximatety 9,040 squara feet (0.20 .
,lIQl'OSl.
Plans are on file and may be examined during regular business hours in
the City 01 Aventur.. Community Development Department, 2999 NE 191
Street, Suite SOO, Aventura, Florida. 33180. Plans may be modified at or
bel... the Public Hearing. The application may change durtng the hearing
process.
n;e.1'lJbIfc Healing win be held at Bilcayne MedIcal Arts Building;
21110 Blscayne Boulevard, Sune 101, Aventu,e, Florida, 33180. Your
commen18 may be made in 'peraon at 1he hearing or filed in writing prior to
the hearing date. Reierto appllcantlproperty on oorrespondenoe and mail
same to City of Aventura, Community Development Department, 2999
NE 181 51_, Suite 500, Avenlura. Flortda, 33180. Forfurtll8r informa- '
lion. pIeeae cati (305) ___.
In acooodaolC8 _theAmertcana _ DisabftltiesAcl of 1990, aD per-
sons who.,. disabled and who need apeciai accorrmodalions to pertici-
pate irtthlaprooeedingbecause or thet disability should contact theQtfioe
, of theCftyCler1c, 468-lI901. nof late,than two business days prior to such
proceedtigs.
W e ponori _. to appeal any decision made by the City Commis-
sion willl, f8IpeGt to any matier 00"_ at a meeling or heilring. ,thet
_WIlt need a AlCOIlI'" the prooeedillgf and. for such PUrpose' may
noed Ie ~l. _Um record of tho prooeedings is made, which
record _ 1Ie18lilmony and evidence ullOO which the appeal Is to
bebllled,' ,"
,. ~.i
Te..... M. SOrolia, CM<:, CityClerti
00-3-31173748M .
712G
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Dally Business
Review flkJa Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami I" MiamI-
Dade County, Florida; that the aUached copy of 8dvenl~
ment, being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
NOTICE OF PROPOSED ORDINANCES
AUGUST 1, 2000
in the............ .~.>f..~.~.~...................... Court,
w~Nl'fIiS't"1 i~ ""!O'mlpaper in the issues of
AMlant further says that the said Miami Dally Business
Review is a newspaper published at Miami In said MiamI-
Dade County, Florida, and that the said newspaper has
heretofore been continuously published In said MiamI-Dade
County, Florida, each day (except Saturday. Sunday and
Legal Holidays) and has been entered as second class mall
matter at the post office In Miami In said Miami-Dade
County, Florida, for a period of one year next preceding the
first publication of the aUached copy of advertisementi and
affiant further says that she paid nor promised
any person, firm cor on any dl unt, rebate, com-
mission or re d lor rpose of se ring this advertise-
ment for pu catio said news r.
(SEAL)
Octelma V. Ferbeyre
I
~~'lf~
CITYOF' AVEtnURA
PUBLIC NCmCE OF' PROPCIID ORDINANCES
NOTICE IS HEREBY GIVEN that on'TiJOsday, lI1e 1 at day of August,
20,00, at a meeIIng of the Cl\y Commission of 111. Cilyof Aventu.., 10 be
,held at 6:00 p.rn. inlhe~ Meeting ROOI'I1al1he Biscayne Modi'
,ca1 Arts BuiJdJng, 21110Biecilyn8 Boulevard, sun. 101, Aventu.., FIori-
, da, lhe Cily CommIssion will COIll!_,lhe adopfion of ll1e following Ordi-
nances on second reading, entitled': ' -
'-'~-~"'.<-." .,.....~....,._-... "'---~ ~-~
AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA; AMEND-
ING THE CITVCODE BY AMENDING CHAPTER 14 "BUILDINGS ANd
BUILDING REGUtATIONB" BY AMENDING ",SECTlEllt" 1'4-62
"REGISTRATIONS" TO PROV~ ~PA'" f'Ol'l ANNUAL RENEW-
AL OF CONTRACTOR REGISTRATION; AND TO CLARIFY REGIS-
TRATION REQUIREMENTS TO CONFORM TO FLORIDA STATE'
STATUTES; PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMEND-
ING THE CITY CODE BY AMENDING CHAPTER 18 "BUSINESS REG-
ULATIONS, LICENSES AND PERMITS" BY AMENDING SECTION 18-
33(a) TO DELETE REQUIREMENT TO FIRST OBTAIN COUNTY OC-
CUPATIONAL LICENSE; BY AMENDING SECTION 18-34 TO PRO-
VIDE FOR REQUIREMENT OF CERTIFICATE OF USE; AND BY
AMENDING SECTION 18-42 .,. AX 'SCHEDULE," TO REVISE THE OC-
CUPATIONAL LICENSE TAX RATE FOR MANICURISTS AND TO
SPECIFY OCCUPATIONAL LICENSE TAX RATES ,FOR IMPORT/,
EXPORT; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
SEVERABILITY; PROVIOING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA. AMEND.
ING GHAPTER 45 OF THE CITY CODE BY ADDING SEC,TIONS 1
THROUGH 16; PROVIDING THE TERMS AND CONDITIONS FOR '!liE
ERECTING, CONSTRUCTING, AND MAINTAINING OF A.TELECDM-
MUNICATIONS FACILITY IN, ON, ACROSS, ABOVE OR IN ANY MAN.
NER WHATSOEVER USING THE CITY'S PUBLIC RIGHTS OF WAY
FOR '!liE PROVISION OF TELECOMMUNICATIONS SERVICE; PRO'
VIDING ASSURANCES THAT THE CITY'S PUBLIC RIGHTS OF WAY
ARE USED IN THE PUBLIC INTEREST; PROVIDING FOR CONFOR.
MANCE WI'!li APPLICABLE LAW; PROVIDING FQR REPEALER, SEV.'
ERABILlTY, CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE.
The proposed Ordinances may be inspected by the pubUc at the Office
of lhe Cily Clerk, 29!19 N.E. 191 sl Slreel, Suil. 500, Aventura, Florida. In.
terested parties may appear at the Public Hearing and be heard with re-
speello lhe proposed Ordinances. 'Any person wishing 10 address the
City Commission on any item at this Public Hearing is asked to register ~
with the City Clerk prior to that item being heard. .
In accordance with the Americans .with [);sabilities At;t 011990, all per-
sons who are disabled and who need special accommodations to partici.
pate in this proceeding because 01 that disabittty should contact the Office
of the City Clerk, 305-466-8901, not later than two business days prior to
such proceedings.
If a person decides to appeal any decisiOn made by the City Corrvnis.
sian with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and. for SUCh purpose, may
need to ensure that a verbatim record of the proceedings is made. which
record includes the testimony and evidence upon whiCh the appeafis to
be based.
Te.... M. ~ CMC Cily Clerk
7/13 llO-4-85171_M