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2011-3718 Ordinance ORDINANCE NO. 2011 -3718 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 106 -47, ENTITLED "FREIGHT, COMMERCIAL, AND PASSENGER CURB LOADING ZONES; HOURS, DELIVERIES" BY AMENDING COMMERCIAL DELIVERY REGULATIONS AND PROVIDING RELIEF TO RESIDENTIAL AREAS IN CLOSE PROXIMITY TO COMMERCIAL OPERATIONS WITH LATE HOUR DELIVERIES AND SIMILAR HABITUAL SOURCES OF NOISE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, residents of the North Ocean Drive area and other areas of the City have expressed concerns about businesses that have late night commercial deliveries and the negative impact that this causes to nearby residents; and WHEREAS, the Land Use and Development Committee met on May 27, 2010 and subsequently on July 26, 2010 and held extensive discussion on the item and directed the City Attorney's Office and the Administration to develop a municipal ordinance relating to commercial deliveries in areas where residents live in close proximity to commercial operations with late hour deliveries and similar habitual sources of noise; and WHEREAS, the Parking Department and Code Compliance Division would be charged with enforcing these proposed commercial delivery regulations when a property owner accepts any deliveries in violation of the posted commercial delivery regulations. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 106, "Traffic and Vehicles," Article II, "Metered Parking," Division 1, "Generally," Section 106 -47, "Freight and passenger curb loading zones," of the Code of the City of Miami Beach, Florida, is hereby amended as follows: CHAPTER 106 TRAFFIC AND VEHICLES * ARTICLE II. METERED PARKING DIVISION I. GENERALLY * * * Sec. 106 -47. Freight, commercial, and passenger curb loading zones; hours, deliveries. L The city manager or his designee - -e - - e.. _ _ - _ _ _ - is hereby authorized to designate any street freight, commercial, and passenger curb loading zones as permissible automobile parking areas during such hours as such officials, in their discretion, may direct. (b) Freight, commercial, and passenger curb loading zone regulations, including as posted by sign, may be enforced, in addition to the procedures provided in this chapter, against property owners and /or businesses which accept services or deliveries from vehicles violating such regulations. (c) Civil fine for violators. The following civil fines shall be imposed for a violation of this section: (1) First offense Warning (2) Second offense (within one year of the first offense) $150.00 (3) Third offenses (within one year of the first offense) $300.00 (4) Fourth or more offenses (within one year of the first offense) $600.00 (d) Enforcement. The code enforcement department or parking department shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies from any action to assure compliance with this section and all applicable laws. If a parking enforcement specialist or a code compliance officer finds a violation of this article, the parking enforcement specialist or the code compliance officer shall issue a notice of violation to the violator as provided in chapter 30 of this Code, as may be amended from time to time. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within ten days after service of the notice of violation and that failure to appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing. (e) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal. (1) A violator who has been served with a notice of violation shall elect either to: a. Pay the civil fine in the manner indicated on the notice of violation; or b. Request an administrative hearing before a special master to appeal the notice of violation within 10 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30 -72 and 30 -73. (3) If the named violator after notice fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the code compliance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master, and be treated as an admission of the violation, and fines and penalties may be assessed accordingly. (4) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. 2 SECTION 2. 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 part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days following adoption. PASSED AND ADOPTED this 9t day of February2011. MA TI HERR RA :OWER MAYOR ATTEST: R BERT PARCHER, CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION � 2 r ' Y AT • RNEY ik(3 AT Underline denotes new language T:\AGENDA\2011 \Januaryl9 \Regular \Commercial Deliveries Ordinance First Reading rev.ord.doc 3 r 7 . °`�° a �'3 , � - r ,.-:- : �, y r-„r . ec ond rea � ,� at c K 4 , m i s sion Cham r „ .i ' C *ay; bnuary'9r to consider the followin < _ of 'Yg f t F� "tom, - _ - -, ii Or e : s r Trust e„ -ita : e b '.';'....,- s - Ord' . -- e Amet?ding Chaff e 2 of The Miami BeacllCtty C ode Ent Enti led 'C • CD m rrgttee s -Cy A mending Division 9 There of, Entitled "Health Aduis0ry By A mer din SeQtio r �o Sho Fdosp tAnd- Pra Un S u° i T h a M emberstrip; AFThe, l3pard 'ToElimi r,,T AAembe VUhl day P ' � cian Or A - --. . rrci k , T In maybe dh to tt City Clerts-Othice 411 r " W 10:39 a. 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Ti t du - Tec {nCludes stimony nd acute i t vpor"iwriie th yPPeal is to t i,;' : ed= � t9 n ot cdnstdte consent by the j o r • dm of o�t a i sle admi oielevance vie o '''' challen or otherwilbwed by law .y ' �.- a or to : 11s d' f r4 h t he' ns ablf le �oT 9�J90 persons nee mg spec acco partiapat 9n ch g u r a oosed � u reters s . � p i f vn,a cess for persons 3 disabilities, nr' uuest this p C contactt at (305)€ni3 1 %no1afer than fio days p - ida Relay e°numbers (800) 9�5 -8771 (TTY') or (800) 955 877 = $ = • • COMMISSION ITEM SUMMARY Condensed Title: An Ordinance establishing regulations and criteria for commercial loading in areas that are in close proximity to residential areas; providing for civil fines, appeal process, repealer, severability, and an effective date. Key Intended Outcome Supported: Improve Parking Availability; Maintain Financial Health and Overall Bond Rating. Supporting Data (Surveys, Environmental Scan, etc.): 74% of residents and 72% of businesses rate the availability of parking across the City as too little or much too little. Availability of parking was one of the changes residents identified to Make Miami Beach better to live, work or play. Issue: Whether to approve on first reading an ordinance establishing commercial loading regulations in areas that are in close proximity to resident uses? Item Summary/Recommendation: On January 19, 2011, the Mayor and City Commission approved the ordinance amendment on first reading and further amended the ordinance on the floor to include a "written warning" issued for first offenses. On September 15, 2010, the Mayor and Commission referred item R5L to the Land Use and Development Committee for further discussion. The referral was granted based upon a request from the Ocean Drive Association regarding concerns with various components of the proposed ordinance. Subsequently, the Administration met with representatives of the Ocean Drive Association and their legal counsel to address their concerns regarding operational and enforcement issues. Please note that the proposed ordinance authorizes the City Manager or his designee to designate certain hours for commercial loading and conversely prohibit commercial loading during certain hours. The prohibition of commercial loading is intended to address nuisances that may take place adjacent residences. The following operational and enforcement policies were agreed upon by both the Administration and the ODA to provide more equitable operational and enforcement provisions for both the entertainment districts and residents. These are: signs prohibiting commercial loading shall be prominently displayed on the affected blocks providing commercial establishments with notification of the regulations; commercial loading shall be prohibited during the following hours: 11:00 PM to 7:00 AM; the civil fines first offense shall be a "Warning "; the Administration shall seek input from the Transportation and Parking Committee (TPC) regarding any amendments to aforementioned policies. FISCAL IMPACT - The Parking Department and Code Compliance Division are charged with the enforcement provision of this proposed City Code amendment. There is an estimated fiscal impact of $12,679.38. This estimate is comprised of $7,204.82 by Code Compliance and $5,474.56 for the Parking Department. This estimate is based on a formula utilizing four (4) hours of Code Compliance personnel and four (4) hours of Parking Enforcement personnel weekly (and then annualized) utilizing their mid -point salary range. This shall likely be partially offset by revenues generated from parking citations; code violations; and special master hearings /assessments. Approve on Second Reading and Final Public Hearing. Advisory Board Recommendation: The Land Use and Development Committee endorsed the proposed ordinance at its November 22, 2010 meeting and the Transportation and Parking Committee endorsed it at its December 13, 2010 meeting. Financial Information: Source of Amount Account Approved Funds: OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Saul Frances, Parking Director Sign -Offs: Department Director As i t City Manager Cit Manager 4 4 SF RL T:\ AGENDA\ 2011\ Feb09\ CommercialDeliveriesOrdinanceSecondReadin a[ 4110 MIAMIBEACH AGENDA DATE m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: February 9, 2011 / SECOND READING AND FINAL PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 106 -47, ENTITLED "FREIGHT, COMMERCIAL, AND PASSENGER CURB LOADING ZONES; HOURS, DELIVERIES" BY AMENDING COMMERCIAL DELIVERY REGULATIONS AND PROVIDING RELIEF TO RESIDENTIAL AREAS IN CLOSE PROXIMITY TO COMMERCIAL OPERATIONS WITH LATE HOUR DELIVERIES AND SIMILAR HABITUAL SOURCES OF NOISE; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and Commission approve the amendment of the ordinance at the second reading and final public hearing. FIRST READING AMENDMENTS — JANUARY 19, 2011 On January 19, 2011, the Mayor and City Commission approved the ordinance amendment on first reading and further amended the ordinance on the floor to include a "written warning" issued for first offenses. The Mayor and City Commission unanimously approved the ordinance at first reading. BACKGROUND: On September 15, 2010, the Mayor and Commission referred item R5L to the Land Use and Development Committee for further discussion. The referral was granted based upon a request from the Ocean Drive Association regarding concerns with various components of the proposed ordinance. Subsequently, the Administration met with representatives of the Ocean Drive Association and their legal counsel to address their concerns regarding operational and enforcement issues. Please note that the proposed ordinance authorizes the City Manager or his designee to designate certain hours for commercial loading and conversely prohibit commercial loading during certain hours. The prohibition of commercial loading is intended to address nuisances that may take place adjacent to residences. The following operational and enforcement policies were agreed upon by both the February 9, 2011 Commercial Deliveries Ordinance Second Reading and Final Public Hearing Page 2 of 3 Administration and the ODA to provide more equitable operational and enforcement provisions for both the entertainment districts and residents. These are: • Signs prohibiting commercial loading shall be prominently displayed on the affected blocks providing commercial establishments with notification of the regulations. • Commercial loading shall be prohibited during the following hours: 11:00 PM to 7:00 AM. • The civil fines first offense shall be a "Warning ". • The Administration shall seek input from the Transportation and Parking Committee (TPC) regarding any amendments to aforementioned policies. The Land Use and Development Committee endorsed the ordinance at its November 22, 2010 meeting and the Transportation and Parking Committee endorsed it at their December 13, 2010 meeting. It should also be noted that the ODA was very cooperative and instrumental in alleviating some of the commercial loading nuisances which were occurring from one particular establishment on the 1400 block of Ocean Drive. The ODA was successful in having the corporate offices of this particular establishment alter their delivery route in effort to have this establishment receive commercial deliveries during normal business hours. PROPOSED COMMERCIAL LOADING MUNICIPAL ORDINANCE The City Attorney's Office and the Administration met and drafted the following proposed amendment to the City Code, creating a new section restricting commercial deliveries in areas where residents live in close proximity to commercial operations with late hour deliveries and similar habitual sources of noise. This ordinance is directed at the business venues accepting deliveries outside of the specified hours. It should be noted that delivery vehicles and drivers will continue to be cited under the existing traffic regulations. Sec. 106 -47. Freight, commercial and passenger curb loading zones; hours, deliveries. (a) The city manager or his designee is hereby authorized to designate any street freight, commercial and passenger curb loading zones during such hours as such officials, in their discretion, may direct. (b) Freight, commercial and passenger curb loading zone regulations, including as posted by sign, may be enforced, in addition to the procedures provided in this chapter, against property owners and /or businesses which accept services or deliveries from vehicles violating such regulations. (c) Civil fine for violators. The following civil fines shall be imposed for a violation of this section: (1) First offense Written Warning (2) Second offense (within one year of the first offense) $ 150.00 (3) Third offense (within one year of first offense) $ 300.00 (4) Fourth or more offenses (within one year of the first offense) $ 600.00 (d) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal. February 9, 2011 Commercial Deliveries Ordinance Second Reading and Final Public Hearing Page 3 of 3 (1) A violator who has been served with a notice of violation shall elect either to: a. Pay the civil fine in the manner indicated on the notice of violation; or b. Request an administrative hearing before a special master to appeal the notice of violation within 10 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30 -72 and 30 -73. (3) If the named violator after notice fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the code compliance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the violation, and fines and penalties may be assessed accordingly. (4) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. Enforcement. The code enforcement department or parking department P P 9 artment shall enforce the P rovisions of this section. This shall not preclude other law enforcement agencies or regulatory P P 9 9 rY bodies from any action to assure compliance with this section and all applicable laws. If a parking enforcement specialist or a code compliance officer finds a violation of this article, the parking enforcement specialist or the code compliance officer shall issue a notice of violation to the violator as provided in chapter 30 of this Code, as may be amended from time to time. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within ten days after service of the notice of violation and that failure to appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing. FISCAL IMPACT The Parking Department and Code Compliance Division are charged with the enforcement provision of 9 P 9 P this proposed City Code amendment. There is an estimated fiscal impact of $12,679.38. This estimate is comprised of $7,204.82 by Code Compliance and $5,474.56 for the Parking Department. This estimate is based on a formula utilizing four (4) hours of Code Compliance personnel and four (4) hours of Parking Enforcement personnel weekly (and then annualized) utilizing their mid -point salary range. This shall likely be partially offset by revenues generated from parking citations; code violations; and special master hearings /assessments. CONCLUSION The City Attorney's Office and the Administration recommend that the Mayor and Commission approve the ordinance on second reading and final public hearing. JMG /JGGSF T:\AG E N DA\2011 \Feb09 \regular \Commercial Del iveriesOrdi nanceSecond Readi ng.cme.doc