Loading...
BIE - Prohibit Parking, Indian Creek West of Collins Avenue, 41-55 Street (2/9/2024)MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: Mayor Steven Meiner and Members of the City Commission Alina T. Hudak, City Manager ~~IJ5l- .for MEETING DATE: February 21, 2024 SUBJECT: BUSINESS IMPACT ESTIMATE FOR: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 106-6, ENTITLED "PARKING IN CERTAIN AREA," BY ESTABLISHING DUTIES OF PROPERTY OWNERS WITH RESPECT TO THE PROHIBITION ON PARKING ON THE OUTLOTS OF INDIAN CREEK LOCATED WEST OF COLLINS AVENUE, NORTH OF 41ST STREET; UPDATING PENALTIES FOR VIOLATIONS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Is a Business Impact Estimate Required? X Yes □No (If no, please check one of the boxes below) If one or more boxes are checked below, this means the City of Miami Beach has determined that a Business Impact Estimate for the above-referenced Ordinance is not required by State law. □The proposed Ordinance is required for compliance with Federal or State law or regulation; □The proposed Ordinance relates to the issuance or refinancing of debt; □The proposed Ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; □The proposed Ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the City; □The proposed Ordinance is an emergency ordinance; □The Ordinance relates to procurement; or □The proposed Ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Business Impact Estimate Page2 If none of the above exceptions apply, this Business Impact Estimate is hereby provided in accordance with Section 166.041(4), Florida Statutes. 1. A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission Memorandum accompanying the Ordinance, as well as in the recitals to the Ordinance itself, which are attached hereto. 2. An estimate of the direct economic impact of the proposed Ordinance on private, for- profit businesses in the City of Miami Beach, if any: (a) The City estimates that direct compliance costs that businesses may reasonably incur would be the cost of producing and placing towing notification signs on outlots in the amount of approximately $20 per sign (two per outlot), which the contracted towing company would bear. (b) Violations of the ordinance would subject the outlot owners to fines of $1,000 per day for first violations, and $5,000 per day for subsequent violations. (c) The City's regulatory costs are estimated to be minimal, with any increased labor costs recouped through fines collected. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance: The City of Miami Beach estimates that 45 businesses are likely to be impacted by the proposed Ordinance. 14. Additional comments: None MIAMI BEACH Rafael A. Paz, City Attorney City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Steven Meiner and Members of the City Commission Alina T. Hudak, City Manager FROM: DATE: Rafael A. Paz, City Attorney ~ December 13, 2023 FIRST READING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 106-6, ENTITLED "PARKING IN CERTAIN AREA," BY ESTABLISHING DUTIES OF PROPERTY OWNERS WITH RESPECT TO THE PROHIBITION ON PARKING ON THE OUTLOTS OF INDIAN CREEK LOCATED WEST OF COLLINS AVENUE, NORTH OF 41ST STREET, AND UPDATING PENALTIES FOR VIOLATIONS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DA TE. The attached Ordinance was prepared at the request of Commissioner David Suarez for consideration at the December 13, 2023 City Commission meeting. Pursuant to Chapter 5 ("Off-Street Parking"), Article Ill ("Design Standards") of the City of Miami Beach ("the City") Resiliency Code, it is unlawful to use the outlets of Indian Creek, the same being that area bounded on the east by the westerly line of Collins Avenue, on the west by the easterly bulkhead line of Indian Creek, on the north by the southerly line of 55th Street extended, and on the south by the northerly line of 41 st Street ("the Outlots"), as a parking lot without meeting specified design standards. The Outlets do not meet the design standards set forth in City law. The use of the Outlets for parking of vehicles in this area creates a danger to pedestrians and motor vehicles, as well as a disruption to the flow of traffic, as individuals must drive over a curb in order to access this area, not designed for parking of vehicles. The proposed Ordinance would require property owners of any portion of the Outlots to ( 1) prohibit any vehicle from parking, stopping, or standing at any time on the Outlets; (2) enter into a contract with a private towing company to remove violators when observed by tow truck drivers, City staff, or the property owners' staff; (3) monitor the Outlets for illegally parked vehicles and have them removed within thirty (30) minutes; and (4) post required signage to authorize towing. Any property owner that failed to comply with the requirements of this Ordinance would be cited by the City's Code Compliance Department and fined $1,000 per day for a first violation and $5000 per day for each subsequent violation. RAP/FA/ag ORDINANCE NO. _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 106-6, ENTITLED "PARKING IN CERTAIN AREA," BY ESTABLISHING DUTIES OF PROPERTY OWNERS WITH RESPECT TO THE PROHIBITION ON PARKING ON THE OUTLOTS OF INDIAN CREEK LOCATED WEST OF COLLINS AVENUE, NORTH OF 41ST STREET; UPDATING PENALTIES FOR VIOLATIONS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DA TE. WHEREAS, pursuant to Chapter 5 ("Off-Street Parking"), Article III ("Design Standards") of the City of Miami Beach ("the City") Resiliency Code, it is unlawful to use, inter alia, the outlots of Indian Creek, the same being that area bounded on the east by the westerly line of Collins Avenue, on the west by the easterly bulkhead line of Indian Creek, on the north by the southerly line of 55th Street extended, and on the south by the northerly line of 41st Street ("the Outlots"), as a parking lot without meeting the design standards set forth there; and WHEREAS, the Outlots do not meet the design standards set forth in City law; and WHEREAS, individuals using the Outlots for parking of vehicles create a danger because they have to stop in dangerous areas of Indian Creek Drive and drive their vehicles over a curb not designed for vehicles to traverse; and WHEREAS, individuals using the Outlots for parking disturb the health, safety and welfare of residents and other motorists in the area; and WHEREAS, accordingly, changes to Section 106-6 of the City Code, governing Outlots on Indian Creek, are necessary for the health, welfare, and safety of the City. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Section 106-6 of Chapter 106 of the City Code is amended created as follows: CHAPTER 106 TRAFFIC AND VEHICLES ARTICLE I. IN GENERAL * * * Sec. 106-6. Parking in Outlots of Indian Creek certain area. (a) It_is unlawful to use the outlots of _Indian Creek Parking of motor vehicles in that area referred to as the outlets of Indian Creek, the same being that area bounded on the east by the westerly line of Collins Avenue, on the west by the easterly bulkhead line of Indian Creek, on the north by the southerly line of 55th Street extended, and on the south by the northerly line of 41st Street (the Qutlots"), as a parking lot without meeting the design standards set forth in City law shall be deemed a nuisance detrimental to the convenience, comfort and safety of the citizens of the-city; and-the creation of such-anuisance is hereby declared to be unlawful and hereby prohibited. (b) In furtherance of this prohibition, property owners of any portion of the Outlots shall: () prohibit any vehicle from parking, stopping, or standing at any time on the Outlots; (ii) enter into a contract as required by City Sec 106-263/7)with a private towing company authorized to do business in the City to immediately tow any vehicle parked, stopped, or standing on of any portion of the Outlots owned by the property owner, which contract must authorize the towing company to immediately tow any vehicle parked, stopped, or standing on the property owner's Outlot(s), upon the property owner's, the towing company's, or any City representative's observation of any vehicle parked on the property owner's Qutlot(s); and (iii) post all required signage to authorize towing, in compliance with all applicable laws including, but not limited to, City Code section 106-262a)(3) and Fla. Stat. 715.07. (c) The property owners of any portion of the Outlots shall also regularly monitor unlawful parking, stopping, or standing of vehicles on its Outlot(s) and shall call the contracted private towing company, within thirty (30) minutes, to request the removal of any such vehicle(s) found to be parked, stopped, or standing on its Outlot(s) (d) Any property owner that fails to comply with the requirements of this section shall be cited by the City's Code Compliance Department and fined $1,000 per day for a first violation and $5000 per day for each subsequent violation. (b)- Members of the police department are hereby authorized to remove and impound vehicles so illegally parked in the manner provided by County Gode ohapter 30 and F.S. § 705.101 et seq. le ¥ * SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. 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 re- lettered to accomplish such intention, and the word "ordinance" may be changed to "section," article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the day of 202 PASSED AND ADOPTED this day of , 202_. ATTEST: Steven Meiner, Mayor Rafael E. Granado, City Clerk (Sponsored by Commissioner David Suarez) APPROVED AS TO FORM 8 LANGUAGE & FOR EXECUTION -1-y c,1y Anom.,, ~ Datu