HomeMy WebLinkAbout2006-3520 Ordinance
ORDINANCE NO.
2006-3520
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 46 OF THE CITY CODE, ENTITLED
"ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED
"NOISE," BY AMENDING SECTION 46-156, ENTITLED
"TEMPORARY PERMITS," BY AMENDING THE PROCEDURES
AND REQUIREMENTS FOR CONSTRUCTION ACTIVITIES AND
PROVIDING EXCEPTIONS THERETO, PROHIBITING
CONSTRUCTION NOISE ON SUNDAYS AND NATIONAL
HOLIDAYS IN ALL NON-RESIDENTIAL ZONING DISTRICTS,
EXCEPT UNDER CERTAIN CIRCUMSTANCES AND AS
AUTHORIZED BY THE BUILDING OFFICIAL, PROHIBITING
CONSTRUCTION IN RESIDENTIAL ZONING DISTRICTS
BEFORE 10:00 A.M. AND AFTER 4:00 P.M. ON SUNDAYS AND
NATIONAL HOLIDAYS AND PROHIBITING CONSTRUCTION
NOISE BETWEEN 10:00 A.M. AND 4:00 P.M. ON SUNDAYS AND
NATIONAL HOLIDAYS, PROVIDING PROVISIONS FOR THE
VIOLATION AND REVOCATION OF TEMPORARY PERMITS,
AND PROVIDING SUBHEADING TITLES TO BE ENTITLED (A)
"REQUIREMENTS AND PROCEDURES," (B) "VIOLATION OF
TEMPORARY PERMITS" AND (C) "REVOCATION OF
TEMPORARY PERMITS;" AMENDING SECTION 46-158,
ENTITLED "ENFORCEMENT BY CODE INSPECTORS; NOTICE
OF VIOLATION, WARNINGS" BY AMENDING SUBSECTION (A)
TO CLARIFY THE NOTICE OF VIOLATION PROVISIONS,
AMENDING SUBSECTION (B)(2) TO PROVIDE
CLARIFICATION AS TO THE NUMBER OF WRITTEN
WARNINGS IN ALL ZONING DISTRICTS EXCEPT SINGLE
FAMILY ZONING DISTRICTS; PROVIDING FOR ONE
WRITTEN WARNING IN SINGLE FAMILY ZONING DISTRICTS
PRIOR TO A NOTICE OF VIOLATION AND PROVIDING THAT
A VIOLATION, INSTEAD OF A WRITTEN WARNING, SHALL
BE ISSUED IF A VIOLATOR IS ALSO BEING CITED FOR AN
ILLEGAL COMMERCIAL OR NON-PERMITTED, NON-
RESIDENTIAL USE IN A RESIDENTIAL ZONING DISTRICT;
AMENDING SECTION 46-159 ENTITLED "FINES AND
PENALTIES FOR VIOLATION; APPEALS; ALTERNATE MEANS
OF ENFORCEMENT," BY PROVIDING FINES AND PENALTIES
FOR ANY OFFENSE WHICH WAS COMMITTED WHILE THE
VIOLATOR WAS ALSO ENGAGED IN AN ILLEGAL
COMMERCIAL OR NON-PERMITTED, NON-RESIDENTIAL
USE IN A RESIDENTIAL ZONING DISTRICT; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, noise has been a topic of concern within the City of Miami Beach for many
years and has recently been the subject of recent City Code amendment to address modified
enforcement and legislative solutions; and
WHEREAS, the purpose of the City's Noise Ordinance is to obtain compliance with the
prohibition on unnecessary and excessive noise in the City before imposing fines and other
penalties; and
WHEREAS, in order to strike a balance between the concerns of the business
community and residents, a warning and violation system has been developed which takes into
account the diverse character of the City; and
WHEREAS, the provisions in this Ordinance will serve to further address the noise
concerns of the City and its residents relative to construction projects and with regard to illegal
commercial or non-permitted, non-residential, uses in residential zoning districts, to preserve the
quality of life in all City neighborhoods, and to provide clarification of the City Commission's
original intent relative to the enforcement of noise violations.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Section 46-156 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
Chapter 46
ENVIRONMENT
* * *
ARTICLE IV. NOISE
* * *
Sec. 46-156. Temporary permits.
(a) Requirements and Procedures
The City manager is authorized to issue a temporary permit to allow noise when
produced by a temporary use or activity as provided in this section. The City manager
may prescribe any reasonable conditions necessary to minimize any adverse effect upon
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the community. A permit granted under this article shall contain all conditions upon
which the permit has been granted, including the period of time for which the permit has
been granted. Such relief may be granted in the following situations:
(1) Code compliance in progress. When an applicant is utilizing best efforts to
comply with the noise restrictions in this article, but additional time is required for
the applicant to modify his activity to comply and no reasonable alternative is
available to the applicant, such permits may be granted for a period of time not to
exceed ten consecutive days.
(2) Construction. When construction activities pursuant to a valid building permit
cannot be carried out in a manner which would comply with section 46-152,
notwithstanding that all equipment is operated in accordance with manufacturer's
specifications, is in good repair and utilizes all noise baffling methods as specified
by the manufacturer, such activities shall occur only as follows:
a. Between the hours of 7:30 a.m. and 6:30 p.m., and between the hours of 7:30
a.m. and 7:30 p.m. during daylight savings time, on any day in areas zoned as
CCC, GU, I-I, MR, CPS-l, CPS-2, CPS-3, CPS-4, RQ, WD-l, WD-2, GC,
HD, MXE, CD-I, CD-2 and CD-3. Ne--eConstruction noise that violates
section 46-152 shall not be permitted on Sundays or on national holidays in
the zoning districts set forth in this subsection. However, the City manager
may authorize any necessary construction activities to occur earlier and/or
later than as otherwise provided in this subsection based upon a finding that 1)
there are no reasonable alternatives, and 2) there are no prior code violation
adjudications or fines and no pending construction noise violation cases
against the property owner, contractor, or the construction site, and 3) all
permitted construction days and hours arc already bcing fully utilizcd in
accordancc with industry standards and practicc and/or in rccognition of
community needs, including but not limited to traffic flow's for 'Nhich a
particular sequencin?: of construction is necessitated there is a significant
community need, public purpose or benefit. The work authorized by the City
manager may be conditioned upon reasonable notice to surrounding property
owners and tenants. Permits issued pursuant to such authorization shall not
exceed seven consecutive days. No construction shall bc permittcd on
Sundays or on national holidays in the zoning districts set forth in this
subsection, nOhyithstanding compliance '.yith Section 16 152.
b. Between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and 10:00 a.m.
and 4:00 p.m. on Saturdays in areas zoned as RM-l, RM-2, RM-3, RM-PRD,
RPS-l, RPS-2, RPS-3, RPS-4, RMPS-l, RS-l, RS-2, RS-3, RS-4, RO, TH
and in any exclusively residential zoning district not otherwise specified in
this subsection and within three hundred feet of any of these zoning districts.
No construction shall bc permitted on Sundays or on national holidays in the
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zoning districts set forth in this subsection or within 300 feet thereof. On
Sundays and national holidays, construction shall not be permitted before
10:00 a.m. or after 4:00 p.m. and construction noise that violates section 46-
152 shall not be permitted between 10:00 a.m. and 4:00 p.m. in the zoning
districts set forth in this subsection or within 300 feet thereof, except that in
buildings with occupied apartment units, as defined in section 114-1 of this
Code, no construction shall be allowed on Sundays or national holidays.
However, the City manager may authorize any necessary construction
activities to occur earlier and/or later than as otherwise provided in this
subsection based upon a finding that 1) there are no reasonable alternatives~
and 2) there are no prior code violation adjudications or fines and no pending
construction noise violation cases against the property owner, contractor, or
construction site, and 3) all permitted construction days and hours are already
being fully utilized in accordance with industry standards and practice and/or
in reco?:llition of community needs, including but not limited to traffic flows,
a particular sequencing of construction is necessitated there is a significant
community need, public purpose or benefit. The work authorized by the City
manager may be conditioned upon reasonable notice to surrounding property
owners and tenants. Permits issued pursuant to such authorization shall not
exceed three consecutive days. No construction shall be permitted on
Sundays or on national holidays in the zoning districts set forth in this
subsection, notwithstanding compliance with section 46 152.
c. The issuance of a temporary permit is a privilege and does not constitute a
right or expectation that said permit will remain in effect. Any permits issued
pursuant to (2)a-b, shall not constitute or be deemed precedent for the granting
of any future permits.
d. Notwithstanding the provisions of (2)a-b., temporary permits shall be subiect
to authorization by the building official under emergency circumstances or
when the Florida BQuilding Code requires official determines that for reasons
of technical necessity work earlier or later than the time frames specified in
(2)a-b or on any day (including Sundays or national holidays), temporary
permits shall be subj ect to authorization by the building official is required.
The work authorized by the building official pursuant to this subsection may
shall be conditioned upon reasonable notice to surrounding property owners
and tenants.
ill Special events andfilm and print permits. A film permit issued pursuant to section
12-1, or a special event permit issued pursuant to section 12-5 may be exempted
from the requirements of section 46-152 upon specific compliance with sections
12-1 (9) or 12-5(8), as applicable.
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(b) Violation of Temporary Permit
Failure to comply with any condition of a temporary permit issued pursuant to this
section shall constitute a violation and shall result in enforcement procedures and
penalties as set forth in sections 46-159 and 46-160.
@ Revocation of Temporary Permits
Any temporary permit may be immediately revoked pursuant to the procedures set forth
in sections 102-383 and 102-385 if the City Manager finds that an emergency condition
exists involving serious danger to the public health, safety, or welfare; if the permit
holder failed to disclose or misrepresented material information in the permit application
or in the permit application process; or that there was a failure to comply with any
condition of a particular temporary permit.
SECTION 2. That Section 46-158 of Article IV of Chapter 46 ofthe Miami Beach City Code is
hereby amended as follows:
Sec. 46-158. Enforcement by code inspectors; notice of violation; warnings.
(a) Notice of Violation. If the code inspector observes a violation of this article, the
inspector shall issue a notice of violation to the violator, and a courtesy copy of the
violation shall be provided to the occupational license holder, except as otherwise
provided in subsection (b), and inform the violator that he must immediately cease the
violation and that the '..iolator ,:..ill be subject to penalties if the violation continues and
that a notice of violation will be issued to the yiolator as provided in Chapter 30 of this
Gede. The notice shall inform the violator of the include the following information:
(1) Name of the violator.
(2) Date and time of violation.
(3) Nature of the violation.
(4) Amount of fine or other penalty for which the violator may be liable
pursuant to section 46-159 of this Code or as otherwise provided by law.
(5) Instructions and due date for paying the fine.
(6) Notice that the violation may be appealed by filing a written request for an
administrative hearing with the clerk of the special master within ten days
after service of the notice of violation, that failure to do so shall constitute
an admission of the violation and waiver of the right to a hearing, and that
unpaid fines will result in the imposition of liens which may be foreclosed
by the city.
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The notice shall also inform the violator that repeat violations of this article will result in
the imposition of larger fines and may also result in revocation, suspension, or the
imposition of restrictions on an occupational license, and/or certificate of use, or
accessory use, and/or injunctive proceedings as provided by law. The notice shall be
signed by the code inspector who witnessed the violation.
(b) Warnings.
(1) Oral Warnings
If a code inspector observes a violation of this article without a complaint having been
made, the inspector may first issue one oral courtesy warning per day and inform the
violator that the violator will be subject to penalties if the violation continues.
(2) Written Warnings
A code inspector shall first issue a written warning to immediately cease the violation
prior to issuing a notice ofviolation~ ifno more than
ill. unless three written warnings have been issued in the 12 months
preceding the date of violation and the violation occurs in any zoning
district except a single family zoning district; or
b) unless one written warning has been issued in the 12 months preceding
the date of violation and the violation occurs in a single family zoning
district.
The written warning shall be substantially in the same form as the notice of violation as
stated in section 46-158 (a) above. Failure to correct the violation within fifteen minutes
following the issuance of a written or oral warning, shall result in the issuance of a notice
of violation pursuant to this Article.
A GQode !inspector shall not issue a written warning, and instead shall issue a notice of
violation, to any person, entity or establishment who: 1) in anyone day has already been
issued a written warning as specified in 46-158 or 2) in any 12 month period has
exceeded any of the tffi:ee warning limits specified in 46-158(b)(2.) or 3) is also being
cited for an illegal commercial or non-permitted non-residential use in a residential
zoning district.
(c) Owner's Responsibility to Provide Current Address.
The holder of the occupational license for the premises where a violation or warning is
issued shall have the responsibility to keep the GQity advised of the current address of the
owner of the premises.
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SECTION 4. That Section 46-159 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
Sec. 46-159. Fines and penalties for violation; appeals; alternate means of enforcement.
(a) Fines and penalties. The following civil fines and penalties shall be imposed for
violations of this chapter:
(1) If the offense is the first offense, $250.00 fine.
(2) If the offense is the second offense within the preceding 18 months,
$1,000.00 fine.
(3) If the offense is the third offense within the preceding 18 months,
$2,000.00 fine.
(4) If the offense is the fourth offense within the preceding 18 months, one
weekend (noon Friday through noon Monday) occupational license
conditions and/or accessory use restrictions shall be imposed limiting the
ability to produce any live or amplified sound at that portion of the
premises that caused the violation, in addition to a $3,000.00 fine.
(5) If the offense is the fifth offense within the preceding 18 months, two
weekend (noon Friday through noon Monday) occupational license
conditions and/or accessory use restrictions shall be imposed limiting the
ability to produce any live or amplified sound at that portion of the
premises that caused the violation, in addition to a $5,000.00 fine.
(6) If the offense is the sixth or greater offense within the preceding 18
months, it shall be considered an habitual offender offense with penalties
and fines imposed pursuant to Section 46-159(h).
(7) The first time an offense is committed while the violator was also engaged
in an illegal commercial or non-permitted, non-residential use in a
residential zoning district, $1,000.00, notwithstanding the fine provision in
(1) above.
(8) The second or any subsequent time an offense is committed while the
violator was also engaged in an illegal commercial or non-permitted, non-
residential use in a residential zoning district, $5,000.00, notwithstanding
the fine provisions in (2)-(4) above.
* * *
SECTION 5. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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 Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-Iettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
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SECTION 6. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 7. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 8. EFFECTIVE DATE
PASSED and ADOPTED this ---12.th day of
David Dermer
This Ordinance shall take effect on the 22nd day 0
ATTEST:
~fM~
CITY CLERK
Robert Parcher
APPROVED AS TO
FORM & lA"IGUAGE
& Fa EXECUTION
~
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F:\atto\TURN\ORDINANC\NoiseOrd - Construction Noise II.doc(2nd amended).doc
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Noise Ordinance to address Sunday Construction Noise, Temporary
Construction Noise Permits and Written Warnin s in Sin Ie Famil
Ke Intended Outcome Su orted:
Increase resident satisfaction with level of code enforcement.
Issue:
Shall the City Commission approve amendments to the Noise Ordinance regarding Construction Noise and
Written Warnin s in Sin Ie Famil Zonin Districts?
Item Summary/Recommendation:
At the June 7, 2006 City Commission meeting, the City Commission approved the First Reading of an
Ordinance amending several sections of the Noise Ordinance and provided direction and clarification on a
number of the issues presented within the Ordinance.
The Noise Ordinance incorporates the following amendments:
-Sunday Construction Activity and Noise in Commercial Districts
-Sunday Construction Activity and Noise in Residential Zoning Districts
-Requirement to Use All Available Construction Hours Before an Expansion of Hours or Exemption for
Excessive Noise Would be Granted
-Building Official Emergency Construction Approval of Temporary Noise Permits
-Revocation of Temporary Noise Permits
-Clarification of the Number of Warnings
-Written Warnings Permitted in Single Family Zoning Districts
With the exception of one provision dealing with construction noise and activities in residential zoning
districts, all of the other items in the Ordinance have been discussed and approved and/or requested by
members of the City Commission. The complete Ordinance serves to both clarify and fine tune the Noise
Ordinance so that it can be used more effectively within the community and pursuant to the policy guidance
provided by the members of the City Commission. If the provision that is suggested for the City Commission
consideration that addresses both construction activities and construction generated noise in residential
districts on Sundays and National Holidays correctly captures the Commission sentiment, action on the full
Ordinance can be taken. If the Sunday noise section is unclear or does not correctly capture the desired
policy of the City Commission, opening and continuing the item to allow a more detailed committee
discussion may be desirable.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of
Funds:
OBPI
islative Trackin
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MIAMIBEACH
AGENDA ITEM
DATE
RSD
7-12. -()k:,
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager d __ ,/,
D PUBLIC HEARING
DATE: July 12, 2006 SECOND READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CITY CODE,
ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED
"NOISE," BY AMENDING SECTION 46-156, ENTITLED "TEMPORARY
PERMITS," BY AMENDING THE PROCEDURES AND REQUIREMENTS FOR
CONSTRUCTION ACTIVITIES AND PROVIDING EXCEPTIONS THERETO,
PROHIBITING CONSTRUCTION NOISE ON SUNDAYS AND NATIONAL
HOLIDAYS IN ALL NON-RESIDENTIAL ZONING DISTRICTS, EXCEPT
UNDER CERTAIN CIRCUMSTANCES AND AS AUTHORIZED BY THE
BUILDING OFFICIAL, PROHIBITING CONSTRUCTION IN RESIDENTIAL
ZONING DISTRICTS BEFORE 10:00 A.M. AND AFTER 4:00 P.M. ON
SUNDAYS AND NATIONAL HOLIDAYS AND PROHIBITING CONSTRUCTION
NOISE BETWEEN 10:00 A.M. AND 4:00 P.M. ON SUNDAYS AND NATIONAL
HOLIDAYS, PROVIDING PROVISIONS FOR THE VIOLATION AND
REVOCATION OF TEMPORARY PERMITS, AND PROVIDING SUBHEADING
TITLES TO BE ENTITLED (A) "REQUIREMENTS AND PROCEDURES," (B)
"VIOLATION OF TEMPORARY PERMITS" AND (C) 'REVOCATION OF
TEMPORARY PERMITS;" AMENDING SECTION 46-158, ENTITLED
"ENFORCMENT BY CODE INSPECTORS; NOTICE OF VIOLATION,
WARNINGS" BY AMENDING SUBSECTION (A) TO CLARIFY THE NOTICE
OF VIOLATION PROVISIONS, AMENDING SUBSECTION (B)(2) TO PROVIDE
CLARIFICATION AS TO THE NUMBER OF WRITTEN WARNINGS IN ALL
ZONING DISTRICTS EXCEPT SINGLE FAMILY ZONING DISTRICTS;
PROVIDING FOR ONE WRITTEN WARNING IN SINGLE FAMILY ZONING
DISTRICTS PRIOR TO A NOTICE OF VIOLATION AND PROVIDING THAT A
VIOLATION, INSTEAD OF A WRITTEN WARNING, SHALL BE ISSUED IF A
VIOLATOR IS ALSO BEING CITED FOR AN ILLEGAL COMMERCIAL OR
NON-PERMITTED, NON-RESIDENTIAL USE IN A RESIDENTIAL ZONING
DISTRICT; AMENDING SECTION 46-159 ENTITLED "FINES AND PENALTIES
FOR VIOLATION; APPEALS; ALTERNATE MEANS OF ENFORCEMENT," BY
PROVIDING FINES AND PENALTIES FOR ANY OFFENSE WHICH WAS
COMMITTED WHILE THE VIOLATOR WAS ALSO ENGAGED IN AN ILLEGAL
COMMERCIAL OR NON-PERMITTED, NON-RESIDENTIAL USE IN A
RESIDENTIAL ZONING DISTRICT; PROVIDING FOR CODIFICATION,
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANAL YSIS
At the June 7, 2006 City Commission meeting, the City Commission approved the First
Reading of an Ordinance amending several sections of the Noise Ordinance and provided
direction and clarification on a number of the issues presented within the Ordinance. While
most of the items were addressed and resolved by the members of the City Commission at
the First Reading, the members of the City Commission provided general direction on the
subject of construction noise permitted on Sundays with the expectation that the subject
would be further discussed and clarified at a scheduled meeting of the
Neighborhoods/Community Affairs Committee meeting. Unfortunately, the scheduled
meeting of the Neighborhoods/Community Affairs Committee meeting was cancelled due to
scheduling conflicts.
As a first consideration the members of the City Commission should determine if opening
and continuing the Second Reading to allow for a more in depth committee discussion is
necessary before considering an amendment relative to construction related noise on
Sundays.
While the Ordinance contains a number of operationally valuable considerations and in
some cases clarification, in the event the members of the City Commission wished to open
and continue this item it is not anticipated that any lasting or severe impacts would result
from this action. Second Reading consideration would be delayed until the September
meeting of the City Commission.
In the event the Sunday construction noise language that is suggested addresses the City
Commission's concerns, it is preferable to have the item taken up and approved.
The Noise Ordinance incorporates the following amendments:
· Sunday Construction Activity and Noise in Commercial Districts
Section 46-156 (2) a, has been amended to include a prohibition for construction
noise that exceeds the limits established within the Noise Ordinance on Sundays or
National Holidays. This is a new requirement and it has been clarified from the First
Reading to specifically reflect construction noise and not construction activity per se.
· Sunday Construction Activity and Noise in Residential Zoninq Districts
Section 46-156 (2) b has been amended to clarify that construction activities are not
permitted before 10:00 a.m. or after 4:00 p.m. and construction related noise shall
not be permitted between 10:00 a.m. and 4:00 p.m. This amendment attempts to
recognize the balance which the City Commission discussed of both a time of peace
and quiet on Sundays and National Holidays and to recognize that there are
numerous and legitimate construction activities undertaken by private homeowners
in residential districts during weekends. This language would allow typical
homeowner activities that are not generally noise producing to occur as they now do
in residential districts of the City between the hours of 10:00 a.m. and 4:00 p.m. on
Sundays. Construction activity is only prohibited in residential districts on Sunday's
before 1 0:00 a.m. and after 4:00 p.m.
This specific provision is one which the Commission members had expected to
discuss in Committee before the Second Reading; however, this language attempts
to address the balance desired by the City Commissioners and may be clear enough
as presented. If the Commission policy concerns are appropriately addressed by the
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suggested language then the Committee discussion may not be necessary.
. Requirement to Use All Available Construction Hours Before an Expansion of Hours
or Exemption for Excessive Noise Would be Granted
Section 46-156 (2) a and b has been amended to include a provision that requires
any property owner in either commercial or residential districts to use all of the
available hours permitted within the Ordinance before requesting and being
granted an expansion or an exemption for extra hours or time to engage in noise
producing construction. The language has been expanded pursuant to the City
Commission discussion to recognize that there might be legitimate community needs
such as the 63rd Street Flyover Project that might actually necessitate and make
advantageous a change in the allowable hours without fully utilizing the total
available.
· BuildinQ Official Emerqency Construction Approval of Temporary Noise Permits
Section 46-156 (a) (2) d has been amended to allow an expanded grant of authority
to the Building Official to grant temporary Noise Permits on any day under
emergency circumstances. The Section also allows the Building Official to require a
permit holder to notify surrounding property owners or residents.
· Revocation of Temporary Noise Permits
Section 46-156 (c) has been added to allow any temporary permit for Noise
generation to be revoked in the event there is an emergency condition or if there is
information that has been improperly or incompletely disclosed relative to the permit.
. Clarification of the Number of WarninQs
Section 46-158 (b )(2)a has been amended to clearly reflect that only three (3) and
not four (4) written warnings are permitted in advance of a violation being issued for
excessive noise.
· Written WarninQs Permitted in SinQle Family Zonina Districts
Section 46-158(b) (2)b has been added at the specific direction of the City
Commission to provide that only one (1) written warning is available in a twelve (12)
month period of time for Noise violations occurring within single family zoning
districts of the City.
Section 46-150(b)(2) and a companion amendment in Section 46-159(a)(7)and (8)
have been added to recognize that illegal commercial or non permitted non
residential use in residential zoning district would be penalized in the first instance at
$1,000.00 for an offense; the penalty for any second or subsequent offense is set at
$5,000.00.
CONCLUSION
With the exception of one provIsion dealing with construction noise and activities in
residential zoning districts, all of the other items in the Ordinance have been discussed and
approved and/or requested by members of the City Commission. The complete Ordinance
serves to both clarify and fine tune the Noise Ordinance so that it can be used more
3
effectively within the community and pursuant to the policy guidance provided by the
members of the City Commission. If the provision that is suggested for the City Commission
consideration that addresses both construction activities and construction generated noise in
residential districts on Sundays and National Holidays correctly captures the Commission
sentiment, action on the full Ordinance can be taken. If the Sunday noise section is unclear
or does not correctly capture the desired policy of the City Commission, opening and
continuing the item to allow a more detailed committee discussion may be desirable.
4
lD
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~ ~M.b- d
DATE: July 12, 2006
SUBJECT: SUPPLEMENT TO - AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 46 OF THE CITY CODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION 46-
156, ENTITLED "TEMPORARY PERMITS," BY AMENDING THE
PROCEDURES AND REQUIREMENTS FOR CONSTRUCTION ACTIVITIES
AND PROVIDING EXCEPTIONS THERETO, PROHIBITING CONSTRUCTION
NOISE ON SUNDAYS AND NATIONAL HOLIDAYS IN ALL NON-
RESIDENTIAL ZONING DISTRICTS, EXCEPT UNDER CERTAIN
CIRCUMSTANCES AND AS AUTHORIZED BY THE BUILDING OFFICIAL,
PROHIBITING CONSTRUCTION IN RESIDENTIAL ZONING DISTRICTS
BEFORE 10:00 A.M. AND AFTER 4:00 P.M. ON SUNDAYS AND NATIONAL
HOLIDAYS AND PROHIBITING CONSTRUCTION NOISE BETWEEN 10:00
A.M. AND 4:00 P.M. ON SUNDAYS AND NATIONAL HOLIDAYS, PROVIDING
PROVISIONS FOR THE VIOLATION AND REVOCATION OF TEMPORARY
PERMITS, AND PROVIDING SUBHEADING TITLES TO BE ENTITLED (A)
"REQUIREMENTS AND PROCEDURES," (B) "VIOLATION OF TEMPORARY
PERMITS" AND (C) 'REVOCATION OF TEMPORARY PERMITS;" AMENDING
SECTION 46-158, ENTITLED "ENFORCMENT BY CODE INSPECTORS;
NOTICE OF VIOLATION, WARNINGS" BY AMENDING SUBSECTION (A) TO
CLARIFY THE NOTICE OF VIOLATION PROVISIONS, AMENDING
SUBSECTION (B)(2) TO PROVIDE CLARIFICATION AS TO THE NUMBER OF
WRITTEN WARNINGS IN ALL ZONING DISTRICTS EXCEPT SINGLE FAMILY
ZONING DISTRICTS; PROVIDING FOR ONE WRITTEN WARNING IN SINGLE
FAMILY ZONING DISTRICTS PRIOR TO A NOTICE OF VIOLATION AND
PROVIDING THAT A VIOLATION, INSTEAD OF A WRITTEN WARNING,
SHALL BE ISSUED IF A VIOLATOR IS ALSO BEING CITED FOR AN
ILLEGAL COMMERCIAL OR NON-PERMITTED, NON-RESIDENTIAL USE IN
A RESIDENTIAL ZONING DISTRICT; AMENDING SECTION 46-159
ENTITLED "FINES AND PENALTIES FOR VIOLATION; APPEALS;
ALTERNATE MEANS OF ENFORCEMENT," BY PROVIDING FINES AND
PENALTIES FOR ANY OFFENSE WHICH WAS COMMITTED WHILE THE
VIOLATOR WAS ALSO ENGAGED IN AN ILLEGAL COMMERCIAL OR NON-
PERMITTED, NON-RESIDENTIAL USE IN A RESIDENTIAL ZONING
DISTRICT; PROVIDING FOR CODIFICATION,
Agenda Item
Date
gSD
7-/2-010
Attached please find suggested revisions to the Noise Ordinance that is before the City
Commission as item R5D on the July 12, 2006 agenda. The attached Ordinance is
suggested in lieu of the original Commission agenda item.
The changes have been suggested in order to make reading and subsequent enforcement
easier.
Suggested changes do not change either intent or requirements identified in the First
Reading version and include:
. In both the commercial and residential zoning districts a simplification of the standard
relating to fully utilizing available hours for a temporary noise permit is suggested.
The revised language is easier to read and apply and will still capture the
Commission intent of not allowing added construction time for convenience. The
reasonable alternatives and the newly revised community needs standard will
address the Commission concern fully.
· The section on the Building Officials ability to grant temporary permits has been
clarified to more easily express the original intent of an emergency condition orwhen
a construction technical necessity exits.
· The section on the Building Officials ability to grant temporary permits has also been
modified to change the notice of a temporary permit from may to shall.
A version of the Ordinance that tracks the suggested language change is included for ease
of reference.
JMG\RCM\sam
F:\cmgr\$ALL \BOB\NoiseOrd7 -12-06commemosupplement.doc
2
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 46 OF THE CITY CODE, ENTITLED
"ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED
"NOISE," BY AMENDING SECTION 46-156, ENTITLED
"TEMPORARY PERMITS," BY AMENDING THE PROCEDURES
AND REQUIREMENTS FOR CONSTRUCTION ACTIVITIES AND
PROVIDING EXCEPTIONS THERETO, PROHIBITING
CONSTRUCTION NOISE ON SUNDAYS AND NATIONAL
HOLIDAYS IN ALL NON-RESIDENTIAL ZONING DISTRICTS,
EXCEPT UNDER CERTAIN CIRCUMSTANCES AND AS
AUTHORIZED BY THE BUILDING OFFICIAL, PROHIBITING
CONSTRUCTION IN RESIDENTIAL ZONING DISTRICTS
BEFORE 10:00 A.M. AND AFTER 4:00 P.M. ON SUNDAYS AND
NA TIONAL HOLIDAYS AND PROHIBITING CONSTRUCTION
NOISE BETWEEN 10:00 A.M. AND 4:00 P.M. ON SUNDAYS AND
NATIONAL HOLIDAYS, PROVIDING PROVISIONS FOR THE
VIOLATION AND REVOCATION OF TEMPORARY PERMITS,
AND PROVIDING SUBHEADING TITLES TO BE ENTITLED (A)
"REQUIREMENTS AND PROCEDURES," (B) "VIOLATION OF
TEMPORARY PERMITS" AND (C) "REVOCATION OF
TEMPORARY PERMITS;" AMENDING SECTION 46-158,
ENTITLED "ENFORCEMENT BY CODE INSPECTORS; NOTICE
OF VIOLATION, WARNINGS" BY AMENDING SUBSECTION (A)
TO CLARIFY THE NOTICE OF VIOLATION PROVISIONS,
AMENDING SUBSECTION (B)(2) TO PROVIDE
CLARIFICATION AS TO THE NUMBER OF WRITTEN
WARNINGS IN ALL ZONING DISTRICTS EXCEPT SINGLE
F AMIL Y ZONING DISTRICTS; PROVIDING FOR ONE
WRITTEN WARNING IN SINGLE FAMILY ZONING DISTRICTS
PRIOR TO A NOTICE OF VIOLATION AND PROVIDING THAT
A VIOLATION, INSTEAD OF A WRITTEN WARNING, SHALL
BE ISSUED IF A VIOLATOR IS ALSO BEING CITED FOR AN
ILLEGAL COMMERCIAL OR NON-PERMITTED, NON-
RESIDENTIAL USE IN A RESIDENTIAL ZONING DISTRICT;
AMENDING SECTION 46-159 ENTITLED "FINES AND
PENALTIES FOR VIOLATION; APPEALS; ALTERNATE MEANS
OF ENFORCEMENT," BY PROVIDING FINES AND PENALTIES
FOR ANY OFFENSE WHICH WAS COMMITTED WHILE THE
VIOLATOR WAS ALSO ENGAGED IN AN ILLEGAL
COMMERCIAL OR NON-PERMITTED, NON-RESIDENTIAL
USE IN A RESIDENTIAL ZONING DISTRICT; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, noise has been a topic of concern within the City of Miami Beach for many
years and has recently been the subject of recent City Code amendment to address modified
enforcement and legislative solutions; and
WHEREAS, the purpose of the City's Noise Ordinance is to obtain compliance with the
prohibition on unnecessary and excessive noise in the City before imposing fines and other
penalties; and
WHEREAS, in order. to strike a balance between the concerns of the business
community and residents, a warning and violation system has been developed which takes into
account the diverse character of the City; and
WHEREAS, the provisions in this Ordinance will serve to further address the noise
concerns of the City and its residents relative to construction projects and with regard to illegal
commercial or non-permitted, non-residential, uses in residential zoning districts, to preserve the
quality of life in all City neighborhoods, and to provide clarification of the City Commission's
original intent relative to the enforcement of noise violations.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Section 46-156 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
Chapter 46
ENVIRONMENT
* * *
ARTICLE IV. NOISE
* * *
Sec. 46-156. Temporary permits.
(a) Requirements and Procedures
The City manager is authorized to issue a temporary permit to allow noise when
produced by a temporary use or activity as provided in this section. The City manager
may prescribe any reasonable conditions necessary to minimize any adverse effect upon
2
the community. A permit granted under this article shall contain all conditions upon
which the permit has been granted, including the period of time for which the permit has
been granted. Such relief may be granted in the following situations:
(1) Code compliance in progress. When an applicant is utilizing best efforts to
comply with the noise restrictions in this article, but additional time is required for
the applicant to modify his activity to comply and no reasonable alternative is
available to the applicant, such permits may be granted for a period of time not to
exceed ten consecutive days.
(2) Construction. When construction activities pursuant to a valid building permit
cannot be carried out in a manner which would comply with section 46-152,
notwithstanding that all equipment is operated in accordance with manufacturer's
specifications, is in good repair and utilizes all noise baffling methods as specified
by the manufacturer, such activities shall occur only as follows:
a. Between the hours of 7:30 a.m. and 6:30 p.m., and between the hours of 7:30
a.m. and 7:30 p.m. during daylight savings time, on any day in areas zoned as
CCC, GU, 1-1, MR, CPS-I, CPS-2, CPS-3, CPS-4, RO, WD-I, WD-2, GC,
HD, MXE, CD-I, CD-2 and CD-3. No construction noise shall be permitted
on Sundays or on national holidays in the zoning districts set forth in this
subsection. However, the City manager may authorize any necessary
construction activities to occur earlier and/or later than as otherwise provided
in this subsection based upon a finding that 1) there are no reasonable
alternatives. aed 2) there are no prior code violation adjudications or fines and
no pending construction noise violation cases against the property owner,
contractor, or the construction site. and 3) .'[l:1~~~j~..l!.~Jg~!f!(;~~.(;~~I!l.l!~!t)'u."""
need. public purpose or benefi~n.Il1~.~~!.~nl!~~11~~1~~~J~Y.!h~n9tyhl!l.'!l1.l!g~!.,
may be conditioned upon reasonable notice to surrounding property owners ",
and tenants. Permits issued pursuant to such authorization shall not exceed
seven consecutive days. No cORstmetioR sball be permitted OR SIiRaa-vs or OR
RatioRal Itolida-ys iR the zORiRg distriets set f0rth iR tltis st:tbseetioR.
Rotviitltstaf\(iing eompliaaee '/lith SeetioR 46 152.
b. Between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and 10:00 a.m.
and 4:00 p.m. on Saturdays in areas zoned as RM-l, RM-2, RM-3, RM-PRD,
RPS-I, RPS-2, RPS-3, RPS-4, RMPS-I, RS-I, RS-2, RS-3, RS-4, TH and in
any exclusively residential zoning district not otherwise specified in this
subsection and within three hundred feet of any of these zoning districts. Ne
constmetioR sball be permitted OR SURdays or OR Rational holidays in tfie
zORing dist-riets set fortlt in this slibseetioR or ',vithin 300 feet tltereof. On
Sundays and national holidays. construction shall not be permitted before
10:00 a.m. or after 4:00 p.m. and construction noise shall not be permitted
between 10:00 a.m. and 4:00 p.m. in the zoning districts set forth in this
subsection or within 300 feet thereof. However, the City manager may
authorize any necessary construction activities to occur earlier and/or later
3
Deleted: all permitted construction
davs and hours are already being fully
utilized in accordance with industrv
standards and oractice and/or in
reco~nition of
Deleted: s includin~ but not limited to
traffic flows for which a particular
seauencing of construction is necessitated
than as otherwise provided in this subsection based upon a finding that 1)
there are no reasonable altematives.....an6 2) there are no prior code violation
adjudications or fines and no pending construction noise violation cases
against the property owner, contractor, or construction site. and 3.Jh~!:IU~__~____-_.--
significant community need. public purpose or benefit, The work authorized
by the City manager may be conditioned upon -reasonabie---notlci;--ic;"",
surrounding property owners and tenants. Permits issued pursuant to such "'"
authorization shall not exceed three consecutive days. No eOll:struetioll: shall
be flcrmitted OR SI:\8days or OR RatioRal holida)'s ill: the zORiRg distriets set
forth ifl. this sl:1BseetioR, ll:etwithstanEliRg eemfllianee with seetieR 46 152.
c. The issuance of a temporary permit is a privilege and does not constitute a
right or expectation that said permit will remain in effect. Any permits issued
pursuant to (2)a-b, shall not constitute or be deemed precedent for the granting
of any future permits.
d. Notwithstanding the provisions of (2)a-b. temporary permits shall be subiect
to authorization bv the building officia~_~tl_4~~_~Itl~~g~I!~y__(;J~~~-'I!~~_~(;~~__<?r______---
when the .E\.~.iJ~!~K .,Qm~i_~! _ ~~~~~.i_tl~~_ ~ha~.fl?~, !:~~~~tl~, <?X ,~~~,~I!!~~!, ~~~~~,~!~'" _ _ -' --
work earlier or later than the time frames specified in (2)a-b or on any day "',::,--
(including Sundays or national holidays) is required..__Ih~,~~~!<,~~~~,<?~j~~~,~y__ ",
the building official pursuant to this subsection ~h~IL~~__(;~~~.i~_i~~~~__1I2~tl__
reasonable notice to surrounding property owners and tenants. ""'"",
ill Special events andjilm and print permits. A film permit issued pursuant to section
12-1, or a special event permit issued pursuant to section 12-5 may be exempted
from the requirements of section 46-152 upon specific compliance with sections
12-1(9) or 12-5(8), as applicable.
(b) Violation of Temporary Permit
Failure to comply with any condition of a temporary permit issued pursuant to this
section shall constitute a violation and shall result in enforcement procedures and
penalties as set forth in sections 46-159 and 46-160.
~ Revocation of Temporary Permits
Any temporary permit may be immediately revoked pursuant to the procedures set forth
in sections 102-383 and 102-385 if the City Manager finds that an emergency condition
exists involving serious danger to the public health. safety. or welfare: if the permit
holder failed to disclose or misrepresented material information in the permit application
4
Deleted: ) all permitted construction
days and hours are already being fully
utilized in accordance with industrv
standards and nracrice and/or in
rec(wnition of
Deleted: s includin. but not limited to
traffic flows a particular sequencing of
construction is necessitated
Deleted: .,
Deleted: Florida
Deleted: Code
Deleted: requires
Deleted: , temporary permits shall be
subject to authorization by the building
official.
Deleted: ~
or in the permit application process; or that there was a failure to comply with any
condition of a particular temporary permit.
SECTION 2. That Section 46-158 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
Sec. 46-158. Enforcement by code inspectors; notice of violation; warnings.
(a) Notice of Violation. If the code inspector observes a violation of this article, the
inspector shall issue a notice of violation to the violator, and a courtesy copy of the
violation shall be provided to the occupational license holder, except as otherwise
provided in subsection (b), and infonn the violator that he must immediately cease the
violation and that the violator will be sl:lbjeet to pcaaltics ifthe violatioH eoAtial:les and
taat a B€Jtiee €Jf violatioB will be issued to tae violator as provided iB Chapter 30 of this
Gede. The notice shall inform the violator oftfie include the following infonnation:
(I) Name of the violator.
(2) Date and time of violation.
(3) Nature of the violation.
(4) Amount of fine or other penalty for which the violator may be liable
pursuant to section 46-159 of this Code or as otherwise provided by law.
(5) Instructions and due date for paying the fine.
(6) Notice that the violation may be appealed by filing a written request for an
administrative hearing with the clerk of the special master within ten days
after service of the notice of violation, that failure to do so shall constitute
an admission of the violation and waiver of the right to a hearing, and that
unpaid fines will result in the imposition of liens which may be foreclosed
by the city.
The notice shall also infonn the violator that repeat violations of this article will result in
the imposition of larger fines and may also result in revocation, suspension, or the
imposition of restrictions on an occupational license, and/or certificate of use, or
accessory use, and/or injunctive proceedings as provided by law. The notice shall be
signed by the code inspector who witnessed the violation.
(b) Warnings.
(I) Oral Warnings
5
If a code inspector observes a violation of this article without a complaint having been
made, the inspector may first issue one oral courtesy warning per day and inform the
violator that the violator will be subject to penalties if the violation continues.
(2) Written Warnings
A code inspector shall first issue a written warning to immediately cease the violation
prior to issuing a notice ofviolation~ ifno more dum
~ unless three written warnings have been issued in the 12 months
preceding the date of violation and the violation occurs in any zoning
district except a single family zoning district or
b) unless one written warning has been issued in the 12 months preceding
the date of violation and the violation occurs in a single family zoning
district.
The written warning shall be substantially in the same form as the notice of violation as
stated in section 46-158 (a) above. Failure to correct the violation within fifteen minutes
following the issuance of a written or oral warning, shall result in the issuance of a notice
of violation pursuant to this Article.
A ~ode !inspector shall not issue a written warning, and instead shall issue a notice of
violation, to any person, entity or establishment who: 1) in anyone day has already been
issued a written warning as specified in 46-158 or 2) in any 12 month period has
exceeded any-ef the tffi:ee warning limits specified in 46-158(b)(2) or 3) is also being
cited for an illegal commercial or non-permitted non-residential use in a residential
zoning district.
(c) Owner's Responsibility to Provide Current Address.
The holder of the occupational license for the premises where a violation or warning is
issued shall have the responsibility to keep the ~ity advised of the current address ofthe
owner of the premises.
SECTION 4. That Section 46-159 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
Sec. 46-159. Fines and penalties for violation; appeals; alternate means of enforcement.
(a) Fines and penalties. The following civil fines and penalties shall be imposed for
violations of this chapter:
(1) If the offense is the first offense, $250.00 fine.
6
(2) If the offense is the second offense within the preceding 18 months,
$1,000.00 fine.
(3) If the offense is the third offense within the preceding 18 months,
$2,000.00 fine.
(4) If the offense is the fourth offense within the preceding 18 months, one
weekend (noon Friday through noon Monday) occupational license
conditions and/or accessory use restrictions shall be imposed limiting the
ability to produce any live or amplified sound at that portion of the
premises that caused the violation, in addition to a $3,000.00 fine.
(5) If the offense is the fifth offense within the preceding 18 months, two
weekend (noon Friday through noon Monday) occupational license
conditions and/or accessory use restrictions shall be imposed limiting the
ability to produce any live or amplified sound at that portion of the
premises that caused the violation, in addition to a $5,000.00 fine.
(6) If the offense is the sixth or greater offense within the preceding 18
months, it shall be considered an habitual offender offense with penalties
and fines imposed pursuant to Section 46-159(h).
(7) The first time an offense is committed while the violator was also engaged
in an illegal commercial or non-permitted. non-residential use in a
residential zoning district. $1.000.00. notwithstanding the fine provision in
(1 ) above.
(8) The second or any subsequent time an offense is committed while the
violator was also engaged in an illegal commercial or non-permitted. non-
residential use in a residential zoning district. $5.000.00. notwithstanding
the fine provisions in (2)-(4) above.
* * *
SECTION 5. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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 Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-Iettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 6. REPEALER
7
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 7. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 8. EFFECTIVE DATE
PASSED and ADOPTED this _ day of
,2006.
This Ordinance shall take effect on the _ day of
,2006.
ATTEST:
MAYOR
CITY CLERK
F:\alloITURNIORDINANClNoiseOrd - Construction Noise I1.doc(2nd amended).doc
8
ce MIAMIBEACH NO;.~g:~~~B=NG
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the
Commission Chambers,3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 12, 2006, to
consider the following:
10:20 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administration And Review Procedures,"
- Article IV, "Conditionai Use Procedure," By Creating Review Guidelines For New Structures 50,000 Square Feet And Over.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:40 a.m.
An Ordinance Amending Ordinance No.789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing
F9r The Classifications In Group V, Being Those Classifications Covered By The Government Supervisors Association Of Florida, Opieu
Local 100, (GSAF) , In Accordance With The Negotiated Agreement; Retroactively Effective In The First Pay Period Ending In October Of
2003, There Shall Be An Across The Board Wage Increase Of One Half Percent (.5%), And The Minimum And Maximum Of Each Pay
Range Will Also Be Increased By One Half Percent (.5%); Retroactively Effective With The First Pay Period Ending In October Of 2004,
There Shall Be An Across The Board Wage Increase Of One Half Percent (.5%), And The Minimum And The Maximum Of Each Pay Range
Will Also Be Increased By One Half Percent (.5%); Retroactively Effective In The First Pay Period Ending In October 2005, There Shall Be
An Across The Board Wage Increase Of One Percent (1 %), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased
By One Percent (1 %); Amending The Minimum And Maximum Of The Pay Ranges To Reflect The Present Classification And Pay System
Applicable To The Unclassified Classifications; Repealing All Ordinances In Conflict.
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
XI. l~:~r~t:~ce Amending Chapter 46 Of The City Code, Entitled "Environment," By Amending Article IV, Entitled "Noise," By Amending
Section 46-156, Entitled "Temporary Permits," By Amending The Procedures And Requirements For Construction Activities And Providing
Exceptions Thereto, Prohibiting Construction Noise On Sundays And National Holidays In All Non-Residential Zoning Districts, Except
. Under Certain Circumstances And As Authorized By The Building Official, Prohibitin~ Construction Noise In Residential Zoning Districts
Before 10:00 A.M. And After 4:00 P.M. On Sundays And National Holidays And Prohibiting Construction Noise Between 10:00 A.M. And
4:00 P.M. On Sundays And National Holidays, Providing Provisions For The Revocation Of Temporary Permits, And Providing Subheading
Titles To Be Entitled (A) "Requirements And Procedures," (B) "Violation Of Temporary Permits" And (C) "Revocation Of Temporary
Permits;"Amending Section 46-158, Entitled "Enforcement By Code Inspectors; Notice Of Violation, Warnings" By Amending Subsection
(A) To Clarify The Notice Of Violation Provisions, Amending Subsection (B)(2) To Provide Clarification As To The Number Of Written
Warnings In All Zoning Districts Except Single Family Zoning Districts; Providing For One Written Warning In Single Family Zoning Districts
Prior To A Notice Of Violation And Providing That A Violation, Instead Of A Written Warning, Shall Be Issued If A Violator Is Also Being
Cited For An Illegal Commercial Or Non-Permitted, Non-Residential Use In A Residential Zoning District; Amending Section 46-159
Entitled "Fines And Penalties For Violation; Appeals; Alternate Means Of Enforcement,"By Providing Fines And Penalties For Any Offense
Which Was Committed While The Violator Was Also Engaged In An Illegal Commercial Or Non-Permitted, Non-Residential Use In A
Residential Zoning District.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
2:00 p.m.
An Ordinance Amending Chapter 118, Of The City Code Entitled, "Administration And Review Procedures," By Amending Division 2,
"Planning Boarcl,"Section 118-51, "Powers And Duties," By Including Criteria For The Review Of The Sale, Exchange, Conveyance Or
Lease Of Ten Years Or Longer Of Such City Property, As Provided In City Charter, Section 1.03(B)3.
Inquiries may be directed to the Planning Department at (305) 673-7550.
2:10 p.m.
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 142, "Zoning Districts And
Regulations" Article II, "District Regulations" Division 18, "PS Performance Standard District," Amending Section 142-696 "Residential
Performance Standard Area Requirements," By Amending The Maximum Building Height In The R-PS4 Zoning District; Amending Section
142-697 "Setback Requirements In The R-PS1, 2, 3, 4 Districts," To Provide For Additions To Follow The Existing Building Line And
Modifying The Tower Setbacks.
Inquiries may be directed to the Planning Department at (305) 673-7550.
2:20 p.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 118,
"Administration And Review Procedures,"Article IX, "Nonconformances," Section 118-395 To Add New Subsections For Nonconforming
Gasoline Service Stations.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed
to the City Commission, clo the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of
these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive,
1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal
notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the
, City Commission with respect to any matter considered at its meeting or its hearing, such person must 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. This notice does not
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, andlor any
accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice),
(305)673-7218(TTY) five days in advance to initiate your request. T1Y users may also call 711 (Florida Relay Service).
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