R9K-Discuss Petition By Residents At 1446 Ocean Drive Lack Of Enforcement -Grie---------·---··----------------
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Michael Grieco, Commissioner ~
DATE: January 81h, 2014
SUBJECT: Agenda item for January 151h, 2014 City Commission Meeting
Please place on the January 151h City Commission Meeting Agenda as a discussion
regarding the Petition presented by the residents at 1446 Ocean Drive relating to the lack of
enforcement of Ordinance 2011-3718, a copy which is attached.
If you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
Enclosed please find Petition, Ordinance 2011-3718 ,and After Action for Ordinance.
We are committed to providing excellent pvolic service and safety to all who five, work, and play in ovr vi/:Jran· ' 0 () ~
Agenda Item _::....:n~J.w:~...:L--
1013 Date /-/~-1~
-----------··-Jo. -·
. ' ..
Honorable City Mayor Matti Bower and all·Comtnissioners:
Dear Ladies and Gentlemen,
During the past two decades our ciiy has grown greatly with no planning for
the future. For example~ Ocean Drive was built when Miami Beach was a
place to relax and to eqjoy the beautiful.beach. Now it is congested with
excessive traffic with many drunk driv~. Whose pleasure is to disrupt the
area. It bas been very sad to see how 1he previous adminisb:ation only cared
about the developers and businesses, and as a result making our lives
miserable.
It is now the arduous task for our newly elected adtninist:ratoJ tD establish
new rules and regulations to temedy these new problems. Additionally~ in
order to restm and to preserve Miami Beach resort life~ to be .
desirable to residents and tourist ~ constant monitoring on Ocean Drive is
impe.rativc for enforcement of an laws to preserve the high value of Miami
Beach, and to avoid decline in tourism. If changes are not made immedietely,
those tourists that stay at expensive hotels, enjoy the fine dining, and come to
eqjoy OUt beautiful beaches -and for business conferences, will continue to ·
leave this area and go to Broward due to the disruptive environment of South
BeaCh. specfficaD.y Ocean Drive. However, you are still In time to
solve our problems by establishing strong regulations.
For example:
l.Noisey delivery trucks must be allowed only during business hours from·
9amto6pm. .
Parking enforeement should only permit them to pmk in commercial loading
zones, unlike what they are doing now, which is parking in the middle of the
street, in fton.t of resi~ts windows, and blocking traffic. This is occurring
24 l1cJurs a day and p8l'ldDg enforcement refuses to give them a traffic
violation. · ·
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< ' '
A solution to this lsaue would be that both the driver
and the truck should be penailzed with a ticket
2.Rto.tal Scooter companies are being irresponsible and are renting to drunk
drivers. This puts pedestrians in danger. Since 1he scooters are used for
leisure activity 1hey should be limited tO the area between fJh and 12th street
of Ocean D.rtve. ·
3. The speed limit on Ocean Drive needs to be reduced and posted, therefore
malciDg it safe for pedestrians to cross 1he street As of now there is no speed
limit enf'orred or posted. ·
4.0cean Drive zoning for entettaiument activities must be limited between £Jh
and 12* street where the Joud bars are situated.
5, Permits given whWe residents ·]IYG must be carefully
asseued to avoid·Ctlsturblng our sieeplng houi'a.; For
example: noisy and loud street and building pressure
cleaning must be a~lowecl only dur.lna buslne.ss ho.,ra
from lam to &pm. . .
6. Hotels with open lobbies situated in the middle of ~dential bulldings
must not be allowed tn operate as a l<nJllSe wJW.e serving liquor and playing
loud music. For Example: Hotel De Solei! is located only 5 feet from our . .
w:indows. The music Is loud and they serve unlimited
liquor .. Once the crowd becomu drunk they atart
laughing, arguing and shouting very loudly. This roabs it
impossible to sleep during the night. The valet parking for Table Bight
Restaurant at Hotel De sqleii is hn:pxoperly using the valet services. The valet
attendants are ramping the;vthides in the middle of the stteet blocking traffic
on both sicks of Ocean Drive. This 'becomes congested while the em are
honking their homs at Bl(l.\®Is of the night In order to avoid this chaos,
Table Eight Restaurant loainge located at Hotel De Soleil must operate their
valet service on Collins Ave where this hotel has its own parking facility
instead of on Ocean Drive.
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As a member of a small committee of residents of Miami Beach we have
drafted this signed petition to submit respectfully to the members of the new
administtation, you, 1hat we so proudly have elected for good government to
take 1he Dtx:cssary steps for prompt and effecti¥e action to remediare the
disruptions caused by the neglect ion of1hose departm.cnts in obarge of
enforcing aor current regalations.
We hereby beseeoh you to please hire an efficient city manager that would be
capable to supervise all the deparlmentS making sure that all employees and
staff are doing 1heir jobs aoourately and responsibly. For instance, it is
imperative tbat code enforcement and paddng officers respond· to our calls
and properly give tickets to those 'Who are constimtly.violatins and brealring
the law on· a daily basis. Otherwise we are only loft with calling the police )'
department which is not fair especially now that :their bu~ has been O!Jt
' . ------· _ .... '•
Please keep in mind tb.at·our residential building bas been estabtished on
Ocean drive for 50 years. It is also essential to consider this while allowing
these new businesses to opctate. Business establishments that are located only
steps from residential buildings must respect sleeping homs. We are in fact
the ones that are paying mgb. real estate tues to live on ~Drive and WE
are tbe ones who vote to haYe you in office NOT the drunk delinquents that
are 1nmhing, disturbing, and destroying Ocean Drive due to the lack of
enf~eilt of the regWations that are aheady to lenient favoring
delinquency ..
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 11, ENTITLED 11 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 1 06, "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
* * *
-------------------------1017-------------------------
See.106-47. Freight commercial, and passenger curb loading zones; hours, deliveries .
.{il. The city manager or his designee ana tho parkin€~ airoster are 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)
{2)
{3)
{4)
First offense
Second offense (within one year of the first offense}
Third offenses (within one year of the first offense)
Fourth or more offenses (within one year of the first offense)
Warning
$150.00
$300.00
$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 mav 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
--------------------------1018-------------------------
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 ofthe 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 _9.tb_ day of Februar)2Q11.
ATIEST:
l~#Ac,~cWcr:ERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~AB I L~ L. ~
Underline denotes new language
~~~-
MAYOR
T:IAGENDA\201 1\January19\Regular\Commercial Deliveries Ordinance First Reading rev.ord.doc
3
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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
effedive 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 liWe 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 roximi to resident uses?
On January 19, 2011, the Mayor and City Commission approved the ordinance amendment on firs
reading and further amended the ordinance on the floor to include a "written warning" issued for firs
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 thei
legal counsel to address their concerns regarding operational and enforcement issues. Please not
that the proposed ordinance authorizes the City Manager or his designee to designate certain hours fo
commercial loading and conversely prohibit commercial loading during certain hours. The prohibition
commercial loading is intended to address nuisances that may take place adjacent residences. Th
following operational and enforcement policies were agreed upon by both the Administration and th
ODA to provide more equitable operational and enforcement provisions for both the entertainmen
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 7:00AM; 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 th
enforcement provision of this proposed City Code amendment. There is an estimated fiscal Impact o
$12,679.38. This estimate is comprised of $7,204.82 by Code Compliance and $5,474.56 forth
Parking Department. This estimate is based on a formula utilizing four (4) hours of Code Complian
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 parkin
citations; code violations; and special master hearings/assessments.
rove on Second Readln and Final Public Hearin .
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
Funds:
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Saul Frances, Parking Director
Department Director
MIAMI BEACH
Account
t City Manager
Approved
J
AGENDA ITEM --=R __ S'_C...,....· _
DATE -=.2. -.._:9~-.-.y./ f-
----------------------------1021------------------------
(9 MIAMI BEACH
City of Miami leach, 1700 Con'!1Mltion Cenler Drive, Miami Beoch, FIOI'ida 33139, www.miomibeachR.IJOY
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Com ission
FROM: Jorge M. Gonzalez, City Manager
DATE: February 9, 2011 SECOND READING AND
FINAL PUBUC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDAJ 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 wamingR 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
-,·.-'" .. _ ..... ....._. __________ 1022--------------------"-
February 9, 2011
Commercial Deliveries Ordinance
Second Reading and Final Public Hearing
Page2of3
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 amendmentto
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.
~-------------------------1023----~--------------
---------~ ~------~
February 9, 2011
Commercial Deliveries Ordinance
Second Reading and Final Public Hearing
Page 3 of3
( 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.
(e) 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.
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.
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:\AGENDA\2011\Feb09\ragular\CommerciaiDellveriesOrdinanceSecondReading.cme.doc
~--------------------------1024---------------------------
SUPPLEMENTAL MATERIAL 1: Petition
SUPPLEMENTAL MATERIAL 2: Copies of Ordinance No. 2011-3718
R5C Discussion Regarding Ordinances/Amending the Code of the City of Miami Beach, by
Amending Chapter 106 Entitled "Traffic and Vehicles".
ACTION: On January 19, 2011, the Mayor and Commission referred item R5L to the
Land Use and Development Committee for further discussion. The referral was
granted based upon the request from the Ocean Drive Association regarding
concerns with various components of the proposed ordinance.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical. historic community.
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