2012-3769 Ordinance ORDINANCE NO 2012-3769
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE,
CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," BY CREATING A NEW ARTICLE XII,
"MAINTENANCE AND SECURITY BONDS," ESTABLISHING
DEFINITIONS AND REQUIREMENTS FOR PROPERTY
OWNERS APPLYING FOR DEVELOPMENT REVIEW
APPROVAL FOR SUBSTANTIAL CONSTRUCTION WORK TO
ENSURE THAT THEIR PROPERTIES ARE PROPERLY
MAINTAINED AND SECURED UNTIL COMPLETION OF WORK;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and,
WHEREAS, the City of Miami Beach has determined that the presence of
abandoned properties poses a health and safety risk to the citizens of Miami Beach;
and,
WHEREAS, the City Commission finds that the detrimental effects of abandoned
properties include neighborhood decline, attractive public nuisance, mosquito and
animal control problems, and increased crime ; and,
WHEREAS, many abandoned properties are the responsibility of owners,
lenders, trustees and others who cannot be found, cannot be reached by local legal
process, or for other reasons fail or refuse to satisfy their responsibilities as to such
abandoned properties, including, without limitation, their responsibilities to adequately
maintain and secure these properties; and,
WHEREAS, the amendments set forth below to the City Code are necessary to
address the above problems;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Subpart B, "Land Development Regulations", Chapter 118, "Administration
and Review Procedures", of the City Code is hereby amended by the enactment of a
new Article XII entitled "Maintenance and Security Bonds", as follows:
ARTICLE XII. MAINTENANCE AND SECURITY BONDS
Sec. 118-801. - Purpose and Intent
Unsecured, vacant, neglected, unmaintained, and abandoned sites and buildings
present a danger to the health, safety, morals and welfare to the public, and the safety
and to the welfare of public safety officers, and as such, constitute a public risk, hazard
or nuisance. This Article is enacted to promote the health, safety, morals and welfare of
the public: to minimize hazards to public safety personnel inspecting or entering such
sites and buildings: and to prevent unauthorized persons from gaining access to such
sites and buildings. This Ordinance is intended to secure a fund for advance payment
for reimbursable maintenance and security actions taken by the City pursuant to City of
Miami Beach Code Chapter 58, Article III or Miami-Dade County Code 8-5. The
Maintenance and Security Bond shall not be subject to call by the City or its designee
for structural or other building repair, emergency shoring and bracing or emergency
demolition.
Sec. 118-802. — Definitions
Extension of Time means a modification of a condition in a Land Use Board Final
Order that grants additional time to perform an act under the Final Order.
Final Order means the order of a Land Use Board on an application before it.
Land Use Board means the Design Review Board, Historic Preservation Board,
Board of Adjustment or Planning Board.
Maintenance and Security Bond for the purpose of this Article means a securities
instrument in a form approved by the City Attorney, which may be in the form of a bond,
escrow agreement, certified letter of credit, or other instrument approved by the City
Attorney.
Qualifyinq Proiect means: any one of the followinq: (A) a project within an existing
vacant building; (B) a project which requires a building to become vacant anytime
before, durinq or after construction until such building has attained a Certificate of
Completion or Certificate of Occupancy; (C) a new building construction project on one
or more vacant lots; (D) a construction project that requires the removal of a substantial
amount (50% or more) of the windows and/or exterior doors and/or the removal of
sections of exterior walls that would enable unauthorized egress; (E) a construction
project that requires substantial structural repairs, or substantial restoration and/or
renovation; or (F) a construction project that requires substantial structural repairs that
may result in a structure becoming unsecured or subject to the elements, including
without limitation, the removal of all or a part of the roof. Qualifying Projects include
proiects requiring review and approval by either a City Land Use Board, or the City
Administration, or both.
Vacant Buildinq means a building or structure, or a substantial portion of a building
or structure, or any incomplete building, or any building on which construction has
begun, at which any one of the following conditions has existed for thirty or more
consecutive days: (A) a lack of the habitual presence of human beings who have a legal
right to be on the premises; (B) the cessation of substantially all lawful business or
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construction activity or residential occupancy: or (C) the substantial abandonment or
absence of contents.
Vacant Site means a lot on which there are no substantial permanent buildings that
are in continuous and active use.
Sec. 118-803. — Requirements
(a) Evidence to be submitted and confirmed before processing and hearing. As part
of an application for Land Use Board approval of a Qualifying Project, the
applicant shall simultaneously file a letter and photographic evidence,
respectively dated and taken not more than ten (10) days before such filing,
verifying that the subject property, including its land and any and all buildings and
structures, is being properly maintained, is secure and that there are no
outstanding or current security issues or property maintenance violations that
would constitute a public risk, hazard or nuisance. This evidence shall be
confirmed by the Planning Director or designee to the extent possible pursuant to
a windshield inspection of the property by City staff no more than fourteen (14)
days prior to the date of the Land Use Board hearing or a Continuance of such
public hearing. The burden of proof that the subject property is being properly
maintained and is secure is the sole responsibility of the applicant. No
application for a Land Use Board approval shall be finally processed, reviewed,
or otherwise finally prepared for hearing by the Planning Department until such
letter and evidence are placed in the related application file.
(b) Requirement of filing and approval of Maintenance and Security Bond. As part of
an approval by a Land Use Board for a Qualifying Project, the applicant shall file
a bond or other security (hereinafter, a "Maintenance and Security Bond", which
term includes both the initial Maintenance and Security Bond and any successor
Maintenance and Security Bond), in form or substance approved by the City
Attorney, to indemnify and hold harmless the City from and against costs and
expenses incurred by the City in performing any of the actions described in City
of Miami Beach Code Chapter 58, Article III or Miami-Dade County Code 8-5.
Such Maintenance and Security Bond shall be filed in compliance with the
following requirements:
(1) The Maintenance and Security Bond shall be received by the Planning
Director or designee, subject to City Attorney approval, within forty-five
(45) days of the issuance of the Land Use Board Final Order. No related
application, related building permit or related certificate or authorization
shall be approved by the Planning Department until an approved
Maintenance and Security Bond has been received by the Planning
Director, or designee.
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(2) If the pending approval is an Administrative level approval, rather than a
Land Use Board approval, no related application shall be approved by
the Planning Department until an approved Maintenance and Security
Bond has been received by the Planning Director, or designee.
(3) If at any time the Maintenance and Security Bond is not provided or
maintained in full force and effect in compliance with the requirements of
this Article XII, by either the applicant or any subsequent owner, the
Land Use Board approval and/or Building Permit and all construction
work shall be suspended until such time as evidence of such compliance
is furnished to the Planning Director or designee and approved by the
City Attorney. A requirement to provide and maintain the Maintenance
and Security Bond as provided in this Article XII, shall be a condition of
the Final Order.
(4) The bond or security shall be in an amount in accordance with the
schedule as follows:
Single Family Parcels within Miami Beach (located within RS 1,2,3,4)
Parcel Size (sq ft) Security Amount— Non- Security Amount - Contributing
Contributing/Non- Building or Structure (located within
Historically Designated a locally designated or nationally
Building or Structure listed historic district or site)
less than 8,000 $4,000 4,000
greater than $5,000 $5,000
8,000
Multi-Family and Commercial Parcels within Miami Beach
Parcel Size (sq ft) Security Amount— Non- Security Amount - Contributing
Contributing/Non- Building or Structure (located within
Historically Designated a locally designated or nationally
Building or Structure listed historic district or site)
less than 8,000 $5,000 $10,000
8,000 to 20,000 $9,000 $15,000
greater than $11,000 $20,000
20,000
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(5) The Maintenance and Security Bond shall be issued by a recognized
licensed insurance or bonding company with offices in the State of
Florida.
a. as an alternate to a Maintenance and Security Bond which is
issued by an insurance or bonding company, the applicant
may submit another form of security subject to the written
approval by the City Attorney. Such forms may include a
certified letter of credit from a licensed financial institution
with offices in the State of Florida, or escrow agreement
providing for funds to be held by an attorney licensed in the
State of Florida, a licensed financial institution with offices in
the State of Florida or by the City (no interest accrues to
applicant), and such form shall be subject to call solely by
the City:
b. at the inception of the Maintenance and Security Bond, and
throughout the period of its being in effect, the Maintenance
and Security Bond shall be issued and maintained in full
force and effect by the issuer.
(6) In addition to the other requirements of this Article XII, the Maintenance
and Security Bond shall:
a. require its issuer to obtain written approval from the Planning
Director thirty (30) days in advance of any proposed
cancellation, reduction in the principal amount, or any other
material change in the terms and conditions of the
Maintenance and Security Bond:
b. the issuer shall provide to the Planning Director or designee
written justification for any proposed material change in the
terms and conditions of the Maintenance and Security Bond:
C. require its issuer to maintain the Maintenance and Security
Bond in full force and effect continuously until the issuance
by the City of a final Certificate of Occupancy or Certificate
of Completion:
d. require its issuer to continue the Maintenance and Security
Bond in full force and effect, notwithstanding the transfer of
the property to a new owner, until the property transfer is
complete and a new, approved Maintenance and Security
Bond has been accepted by the Planning Director; and
include such other provisions, consistent with this Article XII,
as the Planning Director and/or City Attorney may
reasonably require, taking into account applicable law and
sound and customary bonding practices.
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(c) Extensions of Time
(1) A Qualifying Project approved prior to the adoption of this Ordinance that
requests an Extension of Time from a Land Use Board after this
Ordinance is adopted will be required to file a Maintenance and Security
Bond which complies with the requirements of this Article XII.
(2) No Extension of Time shall be granted by a Land Use Board unless the
applicant has furnished the Board with documentary evidence that a
Maintenance and Security Bond that compiles with all the requirements
of this Article XII either is in full force and effect or will automatically
become effective upon the granting of the Extension of Time.
(3) Any Extension of Time granted to a Qualifying Project as a result of
authorized actions by non-City governmental authorities, shall required
the filing of a Maintenance and Security Bond that compiles with the
requirements of this Article XII if there is not already on file such a
Maintenance and Security Bond.
(d) Calls upon the Bond. The Maintenance and Security Bond shall be subject to
call, either for its full principal amount or from time to time for a portion thereof, to
fund action authorized by the City pursuant to Chapter 58, Article III, of this Code
or section 8-5 of the Miami Dade County Code.
(e) Transfer of the Property. In the event of any transfer of property to a new owner
or to any subsequent new owner, no Land Use Board shall approve a
modification to a Final Order recognizing such transfer unless the new property
owner files, as part of its application for the reissuance or modification of the
Final Order to reflect the new ownership, a successor Maintenance and Security
Bond that fully complies with the requirements of this Article XII and which
becomes fully effective upon such reissuance or modification.
(f) Any unexpended amount remaining of the security shall be released back to the
person(s) posting the Maintenance and Security Bond or successors in interest
or assigns upon the issuance of a final Certificate of Occupancy or Certificate of
Completion.
(g) All deficiencies in the Maintenance and Security Bond in covering the City's costs
under Chapter 58, Article III, Division 3 of this Code, shall be a liability of the
Property owner and result in a lien for that amount assessed against the property
as provided in City of Miami Beach Code Chapter 58, Article III or Miami-Dade
County Code 8-5. Providing a Maintenance and Security Bond under this Article
does not relieve the owner(s) of the property of liability for costs incurred under
City of Miami Beach Code Chapter 58, Article III or Miami-Dade County Code 8-
5.
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(h) Non-Prejudice of Other Rights of the City. Nothing in this Article XII shall be
interpreted or applied to preclude or in any way limit the rights of the City to take
any action against any property owner or any other responsible party, including
without limitation the rights of the City to take its own abatement and remedial
actions; to file actions and suits for collection, injunction, and other remedies as
permitted by law; to cause the initiation of prosecutions for violations of any law,
ordinance, or regulation; and to file, prosecute, foreclose upon, collect the
proceeds of, or take any other action by lien or otherwise, as permitted by law.
SECTION 8. 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 9. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 10. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 11. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 6th day of June 2012.
MAYOR
ATTEST: ,� n
CITY CLEF* eF
APPROVED AS TO
FORM & LANGUAGE
F R E CUTION
'I NCORP
�•'• DRATED.-- � 6
C' y Attorney Date
Verified by:
ichard . Lorber, Al
Acting Planning Director
Underscore denotes new language
T:\AGENDA\2012\6-6-12\Maintenance Bond ORD rev FINAL.doc
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Condensed Title:
Chapter 118, "Administration and Review Procedures," by creating a new Article XII, "Maintenance
and Security Bonds," establishing definitions and requirements for property owners applying for
development review approval for substantial construction work to ensure that their properties are
properly maintained and secured until completion of work.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the
effort put forth by the City to regulate development is "about the right amount," nearly one-third, 29.6%,
indicated "too little" effort is being put forth by the City in this area.
Issue:
Should the City Commission amend the City Code to require a Maintenance and Security Bond for
qualifying projects?
Item Summa /Recommendation:
SECOND READING PUBLIC HEARING
The proposed ordinance is designed to require property owners who seek Development Review
Board or Planning Department approval for qualifying projects to submit a bond, or other approved
instrument, to the City prior to such approval, thus providing a mechanism for the City to draw upon
the funds, if necessary, for the purpose of lot clearance, boarding and fencing.
At the May 18, 2011 Land Use and Committee meeting, the Committee requested to forward to the
Planning Board for its review and recommendation an ordinance amendment that would require
property owners to post a Maintenance Security Instrument for qualifying projects.
The Administration recommends that the City Commission adopt the proposed ordinance.
Advisory Board Recommendation:
At its March 27, 2012 meeting, the Planning Board reviewed the proposed ordinance and by a vote of
6-1 recommended that the City Commission approve the ordinance.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will not be a significant measurable impact on
the City's budget by enacting the proposed ordinance. The proposed ordinance may help to
eliminate or reduce the need for the City to advance funds for these purposes.
City Clerk's Office Legislative Tracking:
Richard Lorber/ Debbie Tackett
Sign-Offs:
epa men irector Assi9lant City M poger City Manager
T: DA\2 12\6-6- 2\Maintenance Bond sum o
IAM C AGENDA ITEi�t 1�6 Z
DATE 6
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® MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139, www.miamibeachfi.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager C —'--6
DATE: June 6, 2012 Se Ind Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," BY
CREATING A NEW ARTICLE XII, "MAINTENANCE AND
SECURITY BONDS," ESTABLISHING DEFINITIONS AND
REQUIREMENTS FOR PROPERTY OWNERS APPLYING
FOR DEVELOPMENT REVIEW APPROVAL FOR
SUBSTANTIAL CONSTRUCTION WORK TO ENSURE
THAT THEIR PROPERTIES ARE PROPERLY
MAINTAINED AND SECURED UNTIL COMPLETION OF
WORK; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
Ordinance.
BACKGROUND
On March 22, 2010, the Land Use and Development Committee discussed how to
further enhance the monitoring and management of vacant properties on the 300 Block
of Ocean Drive within the current means of the City until such time as the domestic
economy recovers and positive private redevelopment of these properties resumes.
During this discussion staff was directed to research what other communities currently
have provisions to require maintenance bonds.
According to City of Miami Beach Code, Sections 58-300 and 58-301, the City may take
action to remedy unsanitary conditions within vacant properties and may secure vacant
buildings including securing the property with a fence and boarding up unsecured
openings. Currently, if a property owner fails to respond to notice of violation as
specified in Sections 58-300 and 58-301, the City may perform the required remediation
and file a lien against the property for the cost of work, fees and penalties. An ordinance
requiring a maintenance bond or security for certain projects prior to building permit
Commission Memorandum of June 6, 2012
Maintenance Bond Ordinance
Page 2 of 3
and/or extension of time, may help to eliminate or reduce the need for the City to
advance funds for these purposes.
On July 26, 2010, the Land Use and Development Committee discussed the potential
adoption of an ordinance requiring a Maintenance Bond or Security Instrument to ensure
construction meets property maintenance and security standards. During this discussion
staff was directed to work with the Building Department and Code Compliance in order
to determine potential security amounts for various project types.
On March 16, 2011, the Land Use and Development Committee discussed the potential
adoption of an ordinance requiring a Maintenance Bond or Security Instrument.
At the May 18, 2011 Land Use and Committee meeting, the Committee referred an
ordinance amendment that would require property owners to post a Maintenance
Security Instrument for qualifying projects.
At its March 27, 2012 meeting, the Planning Board held a public hearing and voted in
favor (6-1) of recommending that the Mayor and City Commission approve an ordinance
amending the Land Development Regulations of the City Code by creating a new article,
"Maintenance and Security Bonds." In addition, the Planning Board voted to recommend
that the proposed ordinance be amended to clarify that a 'Contributing' building or
structure refers to buildings listed on the National Register of Historic Places as well as
those listed within locally designated historic districts or sites.
On May 9, 2012, The City Commission approved the Ordinance on First Reading.
ANALYSIS
The Planning Department, in close consultation with the Building Department and Code
Compliance, has developed details with regard to a potential Ordinance which would
require a Maintenance and Security Bond for certain qualifying projects which require
Development Review Board approval and for qualifying projects which are approved at
an Administrative level.
The determination of the proposed bond amount is based upon a number of factors,
including the average, typical cost incurred by the City over time for site security, fencing
and gates, lot clearance and mowing, and the limited boarding up of window and door
openings of abandoned properties, all of which can be recurring. The square footage of
the property (lot) for proposed development was also taken into consideration when
developing the proposed security amounts. The cost was determined to be higher for
properties containing a structure listed as 'Contributing' within an historic district, or
properties containing an individually designated historic structure, due to the protection
of significant historic architectural features. In addition, it is necessary to secure all
openings including those above the ground floor and open stair bulkheads of historic
buildings to protect the integrity of the structures. This may include using concrete block
to secure openings that have been continuously breeched.
The $4,000 - $20,000 Range of Recovery has been carefully analyzed by Planning Staff.
All available Building Department data regarding costs the City has incurred with regards
to Board-Up, Fencing and Lot Clearance has been reviewed. Three years of invoices
were analyzed, with the peak amounts paid by the City occurring in FY 2009-2010.
Commission Memorandum of June 6, 2012
Maintenance Bond Ordinance
Page 3 of 3
Planning staff calculated the average and median cost to the City for FY 2009-2010 per
property according to the parcel square footage and historic status (these figures take
into consideration that a single property may be serviced more than once per year). It is
important to note that these costs are for Board-Up, Fencing and Lot Clearance only.
The bond amounts listed in this ordinance are not intended for structural or other
building repair, emergency shoring and bracing or emergency demolition.
SUMMARY
The proposed ordinance will clearly have a limited financial impact upon proposed
development projects within the City. However, the Administration believes that the
ordinance as proposed addresses many of the problematic issues and concerns
identified by the Land Use Committee and Planning Board.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and determined that there
may not be a measurable impact on the City's budget by enacting the proposed
ordinance.
In FY 2009-2010, the City spent $18,801.50 for the Lot Clearance (cleaning, mowing,
pool maintenance) of properties and $140,296.68 for the boarding up and fencing of
vacant properties, for a total of $159,098.18. The proposed Maintenance and Security
Bond would require property owners who seek Development Review Board or Planning
Department approval for qualifying projects to submit a bond to the City prior to such
approval, thus providing a mechanism for the City to draw upon the funds, if necessary,
for the purpose of lot clearance, boarding and fencing. The proposed ordinance may
help to eliminate or reduce the need for the City to advance funds for these purposes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
R(-L
JMG:JGG:RGL:WHC:
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a14E I SUNDAY,MAY 27,2012
im MIAMI BEACH ..
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
(CORRECTION TO THE MAY 24,2012 NOTICE OF PUBLIC HEARINGS)
NOTICE ISMEREBY given that second readings and 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,June 6,2012 to consider the following:
10:15 a.m.
Board Member Qualifications And Categories
An Ordinance Am ending The Land Development Regulations Of The City Code By Amending Chapter 118,"Administrative
And Review Procedures,"Article II,"Boards,"Division 2,"Planning Board,"Section 118-53,"Composition;"Division 3,
"Design Review Board,"Section 118-72,"Membership;"Division 4,"Historic Preservation Board,"Section 118-103,
"Membership;"And 118-104,"Appointment;'Division 5,"Board Of Adjustment,"Section 118-131,"Membership,"To
Clarity The Qualifications And Categories Of Members To Be Appointed To The City's Land Use Boards.
Inquiries may be directed to the Planning Department at(305)673-7550.
10:25 a.m.
Ordinance Amending Chapter 90 Of The Miami Beach City Code,Entitled"Solid Waste,"-By Amending The Definitions.
In Article I,Entitled"In General,"By Amending Section 90-2,Entitled"Definitions";By Amending Article II,Entitled
"Administration" By Amending The Penalties For Solid Waste Violations And.To Provide Provisions-And Penalties
Relative To Recycling For Multifamily Residences.And Commercial Establishments;By Creating Article V,To Be Entitled
"Citywide Recycling Program For Multifamily Residences And Commercial Establishments,"To Provide Provisions
For.Recycling Requirements And Enforcement,A Public Education Program,A Warning Period,An Enforcement Date,
,tuirements For Recycling Contractors,Penalties,And Special Master Appeal Procedures
Inquiries may be directed to the Public Works Department at(305)6713-7080.
Ord a.m.
Orin
dinance Amending The Land Development Regulations Of The.City Code, Chapter 118, "Administration And
Review Procedures,"By Creating A New Article XII,"Maintenance And Security Bonds,"Establishing Definitions And
Requirements For Property Owners Applying For Development Review Approval For Substantial Construction Work To
Ensure That Their Properties Are Properly Maintained And Secured Until Completion Of Work
Inquiries may be.directed to the Planning Department at(365)673-7550.
10:35 a.m.
Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled "Miscellaneous Offenses,"-By Amending.
Article II,Entitled"Public Places";By Amending Division 11,Entitled"Bicycling.Skateboarding,Roller Skating,In-Line
Skating,And Motorized Means Of Transportation" By Amending Section 70-66, Entitled "Definitions," By Adding
A Definition For Bicycle PatN And By Amending Section 70-67, Entjtled"Prohibited Activities," By Amending The
Prohibitions Regarding Motorized Means Of Transportation,Including Electric Personal Assistive Devices(Also Known
As Segways),By Rewording The Provisions Therein And Conforming The Language To State-Law;By Restricting The
Speed Of Electric Personal Assistive Devices To Six(6)MPH On All City Sidewalks,Sidewalk Areas,And Bicycle Paths;
And By Prohibiting The Operation Of Electronic Personal Assistive Mobility Devices On Interior Pathways Within South
Pointe Park And Collins Park;By Amending Section 70-68,Entitled"Exemptions"By Exempting The Use Of Electric
Personal Assistive Mobility Devices By City Police And City Contracted Services From The Restrictions Of Division-11;By
Ariiending Section 70-69,Entitled"Responsibilities Of Bicyclists And Skaters,"By Adding Responsibilities For Persons
Operating Electric Personal Assistive Mobility Devices;By Amending Section 70-70,Entitled"Penalties,"To Provide For
Responsibilities Of Businesses Providing Rentals And Tours Of Electric Personal Assistive Mobility Devices;By Creating
Section 70-71,To Be Entitled"Penalties"To Provide Civil Penalties In Addition To Existing.Non-Criminal Infraction
Penalties For The Violation Of Certain Provisions In 70,Article II,Division-11
Inquiries may be directed to the Public Works Department at(305)673-7080
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,c/o 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.
Rafael E.Granado,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,and/or any accommodation to review any document or participate in any city-sponsored proceeding,
please contact(305)604-2489(voice),.(305)673-7218(FM five days in advance to initiate your request.TTY users
may also call 711 (Florida Relay Service).
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