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2009-3636 OrdinanceORDINANCE NO: 2009-3636 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," BY AMENDING ARTICLE II, ENTITLED "CONSTRUCTION STANDARDS," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 14-403, ENTITLED "PENALTY FOR VIOLATION OF ARTICLE," TO PROVIDE FOR THE ENFORCEMENT OF NON- FUNCTIONING WHEELCHAIR LIFTS BY CITATION; AND AMENDING SECTION 14-444, ENTITLED "SCHEDULE OF VIOLATION FINES," BY ADDING A CITATION AND FINE SCHEDULE FOR THE ENFORCEMENT OF NON-FUNCTIONING WHEELCHAIR LIFTS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, properly functioning wheelchair lifts and stairway chairlifts are essential for the health, safety and welfare of the physically handicapped, including visitors and tourists patronizing the City's restaurants and hotels; and WHEREAS, a property owner has the statutory obligation to maintain the functional operation of a wheelchair lift for which a certificate of operation has been issued pursuant to Florida Statutes Section 399.02 (5) (b); and WHEREAS, non-functioning wheelchair lifts have been a topic of concern within the City of Miami Beach and have recently been the subject of discussion to address modified enforcement and legislative solutions; and WHEREAS, it is crucial that service is not interrupted for any substantial period of time, as certain individuals are not capable of negotiating a staircase and will be confined to their apartment or unit without wheelchair lift service; and WHEREAS, the City's current means of enforcement include issuing a regular notice of violation and proceeding through the Special Master process to achieve compliance; and WHEREAS, a citation and fine schedule will provide for a stronger means of enforcement, with the first offense triggering a moving 12-month cycle of enforcement; and WHEREAS, the purpose of providing the citation and fine schedule is to obtain compliance with non-functioning wheelchair lifts in the City before imposing fines and other penalties. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 14, Article 2, Section 14-403 of the Miami Beach City Code is hereby amended as follows: Sec. 14-403. PENALTY FOR VIOLATION OF ARTICLE. (a) Any person who shall violate or fail to comply with any of the provisions of this article or with any of the requirements of this article, shall be brought before the special master of the city. The special master may assess a fine and impose a lien to the maximum allowed by city ordinance and state law; or, in the alternative, the violation may be brought to the county court. Each day such violation shall be permitted to exist shall constitute a separate offense. The owner of any building or premises, or part thereof, where anything in violation of this article shall be placed or shall exist, and any person employed in connection therewith and who has assisted in the commission of any such violation may be guilty of a separate offense and upon conviction fined as provided in this section. (b) Any person who shall violate or fail to comply with any of the provisions of this article or with any of the requirements thereof shall be subject to a delinquency penalty as specified in appendix A. (c) A special master, appointed as provided in article II of chapter 30 may either revoke or temporarily suspend the business license of any person in accordance with the procedures set forth in chapters 18 and 102 of this Code when it is determined that the licensee is conducting business from premises that do not possess a valid and current certificate of occupancy and/or certificate of use as may be required by city or county laws. (Ord. No. 2002-3360, § 1, 4-10-02) (d) For violations of Section 553.509, Florida Statutes, which pertain to the requirement to provide vertical accessibility under the "Florida Americans with Disabilities Act," in buildings without an active wheelchair lift, a Certified Elevator Inspector employed by the City of Miami Beach Elevator Safety Section may issue a citation in the manner provided in Section 14-442 (b). The schedule of violation fines shall be set forth in Section 14-444 hereof. The citation may be appealed by filing a written request for an administrative hearing with the clerk of the special master within ten (10) days after service of the notice of violation. Failure to do so shall constitute an admission of the violation and waiver of the right to a hearing, and unpaid fines will result in the imposition of liens which may be foreclosed by the city. The citation shall also inform the violator that repeat violations of this Section will result in the imposition of arger fines and may also result in revocation, suspension, or the imposition of restriction on certificate of use, or accessory use, and/or injunctive proceedings as provided by law. SECTION 2. Chapter 14, Article 2, Section 14-444 of the Miami Beach City Code is hereby amended as follows: The following fines shall apply to the citation of building violations as provided in Sections 14-403 and 14-442: Miami-Dade County Code Violations TABLE INSET: Section Violation Fine MC 2-103.21 Use of fire hydrant without permit $200.00 MC 2-103.21 Use of fire hydrant without meter 100.00 MC 10-3(a) No certificate of competency as a master, contractor, 500.00 subcontractor or qualifying agent No certificate of competency as a journeyman, MC 10-3(a) maintenance person, installer or other similar 200.00 tradesman MC 10-22(a) Contracting for work outside the scope of certificate of 500.00 competency MC 10-22(b) Abandonment of job 500.00 MC 10-22(g) Failure to fulfill contractual obligations 500.00 MC 10- 22(h)(1) Aiding and abetting a person not holding a certificate 500.00 MC 10- Allowing a certificate to be used by an unauthorized 500 00 22(h)(2) person . MC 10- Failure of permit holder to supervise, direct and control 500 00 22(h)(3) a job . MC 10- Subcontracting work to a person not holding a 500 00 22(h)(4) certificate . MC 10-22(i) Failure to supervise, direct and control all work 500.00 MC 10-22.1(a) Working outside the scope of the certificate or acting as 500 00 a contractor . MC 10-22.1 (b) Departure from or disregard of plans or specifications 500 00 without consent of the qualifying agent . MC 10- Aiding or abetting any person not holding a certificate of 500.00 22.1(d)(1) competency MC 14-58 Violation of standards adopted by this chapter 100.00 MC 14-62 Refusal to allow inspection 100.00 Prohibitions against water discharge. It shall be unlawful for any person to throw, drain, run or otherwise MC 24-11(1) discharge into any of the waters of county, or to cause, 500.00 permit or suffer to be thrown, run, drained or allowed to seep or otherwise be discharged into such water any organic or inorganic water Discharges affecting water quality. It shall be unlawful for any person to discharge sewage, industrial wastes, MC 24-11(3) cooling water and solid wastes or any other wastes into 500.00 the waters of this county, including but not limited to surface water, tidal salt water estuaries or groundwater Sewer discharge limitations. It shall be unlawful for any MC 24- person to throw, drain, run or otherwise discharge into a 11(9)(a)(1)(2) sewer designed to carry stormwater, or to cause, permit 500.00 or suffer to be thrown, run, drained, allowed to seep or otherwise discharge into such sewer All other violations of chapter 10, Miami-Dade County 200 00 Municipal Code . Florida Building Code Violations TABLE INSET: Section Violation Fine Chapter 8 Miami- Failure to maintain a building or structure in a $100.00 Dade County safe condition; failure to maintain devices or Municipal Code safeguards in good working order Chapter 8 Miami- Dade County Failure to remove debris, equipment, sheds or 100.00 Municipal Code materials Chapter 8 Miami- Dade County Failure to secure buildings and equipment 100.00 Municipal Code Chapter 8 Miami- Dade County Failure to comply with lawful stop work order 500.00 Municipal Code Florida Building Code, Building Failure to obtain a permit 100.00 104.6.2 Florida Building Code, Building Failure to display a permit card 50.00 105.5 Florida Building Code, Building Failure to obtain mandatory inspection 250.00 105.6 Florida Building Code, Building Unlawfully connecting utility service 500.00 106.3 Florida Building Failure to provide required accessibility in Code, Building, compliance with the Florida Americans with 50.00 Chapter 11 Disabilities Accessibility Implementation Act Florida Building Code, Building Exceeding allowable obstruction of the public 50.00 3303.2 right-of-way with construction and/or demolition Florida Building Allowing materials to obstruct fire hydrant, fire Code, Building 3302 alarm box, manhole, catchbasin and restriction of 50.00 water flow to gutters Florida Building Failure to provide temporary sidewalk which is Code, Building properly guarded and not less than four feet 50.00 3305.3 wide Florida Building Code, Building Illegal obstruction of an alley or portion thereof in 50.00 3301.2 connection with construction or demolition Florida Building Code, Building Failure to protect sidewalks and pavements from 50.00 3301.2 damage incidental to construction work Florida Building Code, Building Failure to provide sidewalk and shed 50.00 3304.1 Florida Building Code, Building Failure to provide construction fence 50.00 3305.1 Florida Building Failure to prevent the falling of paint or debris Code, Building over public sidewalks or other places of public 50.00 3301.2 use Florida Building Code, Building Failure to obtain boiler inspections 100.00 105.3 Unlawful discharge of rainwater or other liquid Florida Building wastes or allowing same to be disposed onto or 50.00 Code, Plumbing across public property or sidewalk All other violations of the Florida Building Code 100.00 and Miami-Dade County Municipal Code Florida Building Code, Building, Fire Protection Code Life Safety Code Violations TABLE INSET: Section Violation Fine NFPA 101 Any violation of the Life Safety Code $200.00 Florida Statutes Violations TABLE INSET: Chapter Violation Fine 553.509 Failure to maintain a functioning Written warning with wheelchair lift -1st Offense within a explanation of rule movin 12 month eriod 553.509 Failure to maintain a functioning 250.00 wheelchair lift - 2" Offense within a movin 12 month eriod 553.509 Failure to maintain a functioning 500.00 wheelchair lift - 3~ Offense within a movin 12 month eriod 553.509 Failure to maintain a functioning 1 000.00 wheelchair lift - 4 Offense within a movin 12 month eriod 553.509 Failure to maintain a functioning 2 000.00 wheelchair lift - 5 Offense within a movin 12 month eriod 553.509 Failure to maintain a functioning Suspension of wheelchair lift - 6 Offense within a business occupational moving 12 month period license pursuant to Cha ter 102 Cit code 553 Any other violation of accessibility 500.00 requirements under Chapter 553 not listed in this section (Ord. No. 2002-3360, § 1, 4-10-02) SECTION 3. REPEALER All ordinances or part of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. CODIFICATION It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida as amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 6 EFFECTIVE DATE This Ordinance shall take effect on the 23rd day of May , 2008. PASSED and ADOPTED this 13th day of MaY , 2008 ATTEST: ~ ~~ CITY CLERK Robert Parcher APPROVED AS TO FORM & I,~1G1:~AGE MAYO Matti Herrera Bower y ~~ v~ ata COMMISSION ITEM SUMMARY f^....Ae~..ce~l T:+In• vv~ ~uc~ w~.v AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," BY AMENDING ARTICLE II, ENTITLED "CONSTRUCTION STANDARDS," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 14-403, ENTITLED "PENALTY FOR VIOLATION OF ARTICLE," TO PROVIDE FOR THE ENFORCEMENT OF NON-FUNCTIONING WHEELCHAIR LIFTS BY CITATION; AND AMENDING SECTION 14-444, ENTITLED "SCHEDULE OF VIOLATION FINES," BY ADDING A CITATION AND FINE SCHEDULE FOR THE ENFORCEMENT OF NON-FUNCTIONING WHEELCHAIR; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. Ke Intended Outcome Su orted: • Increase Resident Satisfaction With Level of Code Enforcement Ensure Compliance with Code Within Reasonable Time Frame Supporting Data (Surveys, Environmental Scan, etc.): Environmental Scan of 2008 Shows That the Number of Warnings for Property Maintenance Decreased by 39%; 2007 Community Survey Suggests that 61 % of the City's residents are very satisfied or satisfied with the fairness and consistency of the enforcement of codes and ordinances in their neighborhoods. Issue: Shall the Ma or and the Cit Commission A rove The Amendments to the Ordinance? Item Summa /Recommendation: SECOND READING PUBLIC HEARING At the Neighborhood/Community Affairs Meeting on Wednesday, March 26, 2008 a discussion was held concerning wheelchair lift maintenance and its impact on the public building and Group R buildings' accessibility for disabled and elderly residents. It was mentioned that wheelchair lifts and single elevators in multi-story buildings require special attention by both property owners and the City's regulatory agencies. They are used by disabled or elderly persons to gain access to public buildings and residential Group R buildings. In a situation where a building has only one elevator, it is crucial that service is not interrupted for any substantial period of time as certain individuals are not capable of negotiating the stairs and will be confined to their apartment or unit without elevator service. The Committee instructed the Administration to draft an ordinance, which will change the enforcement mechanism pertaining to wheelchair lifts and single elevators, and to present it to full City Commission for approval. The Commission discussed the proposed ordinance at the October 7, 2008 meeting. After initial discussion, the draft ordinance was referred to the Land Use and Development Committee (LUDC) for further consideration. At the subsequent LUDC meetings held on October 27, 2008, December 15, 2008 and April 6, 2009 the ordinance has been discussed, limited in scope to wheelchair lifts and referred to full Commission for approval. Commission approved the ordinance on the first reading at the April 22, 2009 meeting. The proposed amendments are intended to increase compliance to the ADA lifts requirements by providing for the implementation of the following schedule of violation fines: 15t offense within a moving 12 month period: Written warning with explanation of rule 2"d offense within a moving 12 month period: Citation of $250.00 3'd offense within a moving 12 month period: Citation of $500.00 4th offense within a moving 12 month period: Citation of $1,000.00 5th offense within a moving 12 month period: Citation of $2,000.00 6th offense within a moving 12 month period: Suspension of buildings occupational license pursuant to Chapter 102, City Code The Administration recommends adopting the ordinance on the second Advisory Board Recommendation: The Land Use and Development Committee Commission. Financial Information: Source of Funds: OBPI met on April 6, 2009, and recommended this item to Amount Account Approved 1 N/A N/A Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Sian-Offs: De artment Director Ci Mana er AR JMG U~ M i M I~ EAR H AGENDA ITEM ~ Sp ~r DATI S-~ 3-~9 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 13, 2009 SECOND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED "BUILDING REGULATIONS," BY AMENDING ARTICLE II, ENTITLED "CONSTRUCTION STANDARDS," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 14-403, ENTITLED "PENALTY FOR VIOLATION OF ARTICLE," TO PROVIDE FOR THE ENFORCEMENT OFNON-FUNCTIONING WHEELCHAIR LIFTS BY CITATION; AND AMENDING SECTION 14-444, ENTITLED "SCHEDULE OF VIOLATION FINES," BY ADDING A CITATION AND FINE SCHEDULE FOR THE ENFORCEMENT OF NON- FUNCTIONING WHEELCHAIR; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND At the Neighborhood/Community Affairs Committee meeting on Wednesday, March 26, 2008 a discussion was held concerning wheelchair lift maintenance and its impact on the public building and Group R buildings' accessibility for disabled and elderly residents. It was mentioned that wheelchair lifts and single elevators in multi-story buildings require special attention by both property owners and the City's regulatory agencies. They are used by disabled or elderly persons to gain access to public buildings and residential buildings. In a situation where a building has only one elevator, it is crucial that service is not interrupted for any substantial period of time ascertain individuals are not capable of negotiating the stairs and will be confined to their apartment or unit without elevator service. The City receives an average of 2-3 calls per week from individuals who cannot buy groceries or go to their doctor because of anon-functioning elevator in their building. The Neighborhood/Community Affairs Committee instructed the Administration to draft an ordinance, which will change the enforcement mechanism in the City Code pertaining to wheelchair lifts and single elevators, and to present it to full City Commission for approval. The Committee also approved a motion to refer this item to the City Commission. The Commission discussed the proposed ordinance at the October 7, 2008 meeting. Although, initially the Commission considered approving the ordinance, after Commissioner Libbin City Commission Memorandum May 13, 2009 Amendment to the Elevator Section of the City Code Page 2 of 3 expressed his concerns regarding the possible financial burden that the ordinance might place on condominiums, the Commission decided to refer the item to the Land Use and Development Committee (LUDC). At the LUDC meeting on October 27, 2008, Alex Rey, Building Director, provided an overview on the number of buildings with potential wheelchair lifts and single elevator issues and analysis on how many buildings would have been fined if the proposed ordinance had been in place over the preceding year. The LUDC decided to limit the scope to wheelchair lifts only and to bring back the ordinance to the Committee for further consideration. At the LUDC meeting on December 15, 2008, the LUDC members further considered the proposed ordinance that excluded single elevators and focused on wheelchair lifts. Mr. Frank Del Vecchio voiced his concerns regarding legal validity of the proposed ordinance. Upon his request, the Committee deferred the item for a future LUDC meeting and instructed the Legal Department to work with Mr. Del Vecchio on the legal issues. At LUDC meeting on April 6, 2009, Alex Rey, Building Director, presented the draft ordinance that has been updated by the Legal Department. The Committee supported the ordinance and referred the item to the full Commission for approval. Commission approved the ordinance on the first reading at the April 22, 2009 meeting. LEGAL REQUIREMENTS The wheelchair lifts are governed by Florida Statutes, the Florida Building Code and the Florida Fire Prevention Code. Fla. Stat. § 553.513 (Attached) is clear that the City is without authority to adopt its own rules regarding wheelchair lifts; those standards are preempted to the State and expressly supersedes any county or municipal ordinance on the subject. The Miami-Dade Building Code Compliance concurred that neither the City nor the County could establish different maintenance standards for wheelchair lifts. The Statute does permit municipalities and counties to provide their own enforcement mechanisms. PROPOSAL The process of issuing a regular notice of violation and then proceeding through the Special Master process takes too much time for the repair to be effected. Therefore, it is proposed that a citation system be created for wheelchair lifts to achieve property owner compliance, as follows: 1St offense within a moving 12 month period: 2"d offense within a moving 12 month period 3~d offense within a moving 12 month period: 4th offense within a moving 12 month period: 5th offense within a moving 12 month period: 6th offense within a moving 12 month period: Written warning with explanation of rule Citation of $250.00 Citation of $500.00 Citation of $1,000.00 Citation of $2,000.00 Suspension of buildings business license receipt pursuant to Chapter 102, City Code The enforcing agency would be the Building Department's Elevator Section. The implementation City Commission Memorandum May 13, 2009 Amendment to the Elevator Section of the City Code Page 3 of 3 of the citation system requires a City Commission revision to the City Code, Chapter 14 and there would be some discretion allowed for repairs that could not be completed within 24 hours. In those instances, the property owner would be required to submit a letter of intent with a plan of corrective action to be approved by the Elevator Section of the Building Department. Any grace period, given at the sole discretion of the Chief of the Elevator Section, would override the citation system. The certificate of corrective action would be required to be posted in the certificate frame near the wheelchair lift unit itself to better apprise the building residents, guests and invitees of the process of repair. The Elevator Section will provide a standard notification letter to all relevant buildings informing them about the changes in the enforcement mechanism pertaining to proper maintenance of wheelchair lifts. CONCLUSION The proposed amendments to the Elevator Section of the City Code pertaining to wheelchair lifts addresses the concerns of public building and Group R buildings' accessibility for disabled and elderly residents. The proposed amendments are intended to increase compliance to wheelchair lifts requirement through establishing a more effective enforcement mechanism. The Administration recommends that the Mayor and City Commission approve the ordinance on the second reading. JMG/A~NJ o. 0 'a ~ , 0 ~' 0 a' i' S '. 4 E i' r ~o , L Oi E -o v x m E +~- N11~4M:I:BEACH CITY QF l~tlA11~11 BEACH NOTICE OF PUBLIG HEARINGS NOTICE IS HEREBY given that second readingsand 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, Nliami Beach, Florida, on Wednesday, May 13, 2009, to consider the following: 10:15 a.m. An Ordinance Amending Chapter 2, Article III,-0f The Miami Beach City:Code, Entitled "Agencies, Boards And Committees," By Creating Division 32, Entitled "Gay, Lesbian,`Bisexual And Transgender (GLB~ ,.. Business Enhancement Committee." And Sections 2-190.144 Through 2-190:147 Thereto. )Inquiries may be directed to the City Attorney's Office at (305) 673-7470. 10:20 a.m. ~An Ordinance Amending Chapter 14 Of The City Code,. Entitled "Building Regulations." By Amending..:` Article II, Entkled "Construction Standards," By Amending -Division 1, Entitled "Generally," By "" Amending Section 14-403„Entitled "Penalty For Violation Of AniGe;":To Provide For The Enforcement ,' Of Non-Functioning Wheelchair Lfits By .Citation; And Amending Section 14-444, •€ntdled "Schedule OfViolation Fines," By Adding A Cttation.And Fine Schedule FdrThe EnforcemenYDf~Non-Functioning Wheelchair:Lifts Inquiries may be directed to the Building Department at (305) 673 7610.. 10:25 a.m. - An.Ordinange-Amending City Code:Chapter 118,."Administration AndReview Procedures," Article VII,. "Division Of LandlLot Split "Section' 1.18-321, "Purpose, Standards-And Procedures," By Amending The Review.Cnteria For Requests For A Division Of Land/Lot Split To Include A Criterion-That ConsidersThe Impacts And Mttigation Of The Proposed Lot Split On The Archltectural-Significance Or Historic Value Of Existing Homes: _ Inquiries maybe directed to the Planning Departmentat;(305) 673-7550. 10:30.a.m. ~ __ An Ordinance Amending The Land <Developrnem Regulations Of The City Code By Amending _ Chapter 118, "Administrative And Review Procedures," Article 1, "Boards,"-Division 2, "Planning Beard," Section 118-52, "Meetings And Procedures;" Division 3, "Design Review Board,"'Section 11874, "Removal;" Division 4."'Historic Rreservation'8oard," Section.i]6-105,"Removal;" Division b, "Board Of Adjustment.° Section 118-133, "Removal," To Harmonize The.Permitted Number Of Absences And Recusals For LalStl Use Board Members. Inquiries maybe directed to the Planning Department at (305) 673-7550. 10:35 a.m. An Ordinance Amending The Land Development Regulations OF The Code Of The City Of Miami Beach, ByAmending Chapter 118, "Administration And Review Procedures;" Article X, "Histonc Preservation," Division 5, "Singlefamily Ad Valorem Tax Exemption", Modifying The Requirements And Procedures For City Ad Valorem Tax Exemptions For Single Family Homes. Inquiries may be directed tp the Planning Department at. (305) 673-7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, br to express'their views in writing addressed to he City Commission, c% the City Clerk, 1700 Convention Center-0rive, 1st Floor, City HaII, Miami Beach, Flonda 33139. Copies of these ordinances are available for public inspection during normal: business hours in,the City Glerk's Office, 1700 Convention Center Drive,.lst Floor, City Hall,-and Miami Beach, Florida 33139: This meeting maybe-continued and under such cin:umstances additional legalnotice would not be provided. Rober["E. Pamher,:Gity Clerk :City of MiamEBeach Pursuant to Section 286.O1O5,Fla. Stet., the Cityhereby advises the public that: 'rf aperson'decides to appeal any decision made by the City Commission wkh respectto,any matteroonsidered at its meeting or ftsheanng, such person must ensure that a verbatim record of the;proceedings ismade, which record includes the testimonyand evidence upon which the appeal is to be>based: Thisnotice does not constftute consent by the City for the introductionor admission of otherwiseinadmissibleor irrelevant evidence, nor does lt authonzecM1aNenges or appeals not otherwise'allowedby~~w. - ' To request this material in accessible fomtiat, sign language interpreters, informatianonaccesslorpersons wttkdisabil'nies, and/or any accommodation to review any document or participatein any city-sponsored proceeding, please contact (305) 604-2489{voice), (305) 673-7216 (TT1~ five days in-advance'to initiate your request. TTYusersmayalsooall711.(Flonda'Relay_Service). - -, Add1535 ..