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HomeMy WebLinkAboutO-2001-009 ORDINANCE NO. 2001-009 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, UPDATING VARIOUS CODE PROVISIONS TO CONFORM TO CURRENT PRACTICES AND PROCEDURES OBSERVED BY THE CITY, RELATING TO STREETS, CODE ENFORCEMENT, LICENSING, ZONING, BUILDINGS, AND PLANNING AND DEVELOPMENT; TRANSFERRING VARIOUS RESPONSIBILITIES FROM ONE DEPARTMENT TO ANOTHER, ONE DIVISION TO ANOTHER DIVISION, OR BOTH, SUBJECT TO CERTAIN CIRCUMSTANCES; AMENDING VARIOUS PROVISIONS IN CHAPTER 8 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "BUILDINGS", CHAPTER 11, WHICH CHAPTER IS ENTITLED "FIRE PROTECTION AND PREVENTION", CHAPTER 13, WHICH CHAPTER IS ENTITLED "HEALTH AND SANITATION", CHAPTER 14, WHICH CHAPTER IS ENTITLED "JUNK AND ABANDONED VEHICLES", CHAPTER 15, WHICH CHAPTER IS ENTITLED "LICENSES", CHAPTER 19, WHICH CHAPTER IS ENTITLED "PLANNING AND DEVELOPMENT', CHAPTER 22, WHICH CHAPTER IS ENTITLED "STREETS AND SIDEWALKS"; AND CHAPTER 28, WHICH CHAPTER IS ENTITLED "ZONING"; REPEALING SECTION 8-6 ENTITLED "CONDITIONS TO ISSUANCE OF REMODELING PERMITS"; REPEALING ARTICLE III OF CHAPTER 8, ENTITLED "ARCHITECTURAL REVIEW," SECTIONS 8-29 THROUGH 8-40; IN ITS ENTIRETY;REPEALING SECTION 19-5 ENTITLED "COMBINING LOTS INTO ONE UNIT; EFFECT'; REPEALING SECTION 19-6 ENTITLED "DECLARATION COMBINING LOTS"; REPEALING ARTICLE II, DIVISION 2 OF CHAPTER 13, ENTITLED "UNSANITARY BUILDINGS" SECTIONS 13-37 THROUGH 13-43, IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Sec. 8-2.1, entitled "Compliance with enforcement orders; issuance of notices to appear in court", of the City Code of Ordinances is amended to read as follows: 1 ORDINANCE NO.2001-009 Sec. 8-2.1. Compliance with enforcement orders; issuance of notices to ® appear in court. W It shall be unlawful to violate or fail to comply with any order or notice issued pursuant to the provisions of this chapter or any provision in the zoning ordinance of the city, or any other notice or order lawfully given by any code enforcement officer of the city, as described in section 2 — 71 et seq. of the City Code. (13) B iil iRg,_zoning and nnrJe P-nfn-m8me4 officials shall h-;we the of thnrity to ,svue—a n0tiGe te appeaF OR GOurt to any pronert��cr er other neersaofl and this Gode of-Gredinain.r.ecs. turne period has been gFaRted tG allow for voluntary GernplianGe depeRdiRg LIPE)R the Rature of the �-wh notine shall be issued only rtn:;rnn;;h1tQ. the wnetial notice of vielation to the property ewner or responsible nercon efioers and shall not make nhvcinal arrests or take anY person into G Stody Section 2. That Sec. 8 - 4, entitled "Site plan as condition to building permit," of the City Code of Ordinances is amended to read as follows: Sec. 8-4. Site plan as condition to building permit. A site plan shall be required as a condition to the issuance of a building permit. The application for site plan approval shall be accompanied by a survey and land use plan depicting site utilization. The site plan shall be drawn to scale and shall indicate the following sufficiently for consideration of visual, safety and economic factors: (a) Dimensions and orientation of the parcel; (b) Location of buildings and structures, both existing and proposed, including sidewalks; (c) Location of off-street parking and loading facilities; (d) Location and dimensions of present and proposed street and highway dedications required to handle traffic generated by the proposed uses; (e) Location of points of entry and exit for motor vehicles and internal circulation pattern; • 2 ORDINANCE NO.2001-009 (f) Location of walls and fences and the indication of their height and the materials of their construction; (g) Indication of exterior lighting standards and devices adequate to review possible hazards and disturbances to the public and adjacent properties; (h) Location and size of exterior signs and outdoor advertising; (i) A preliminary landscaping plan and an irrigation and drainage plan; (j) Grading and slopes where they affect the relationship of the buildings; (k) Indication of the heights of buildings and structures; (1) Indication of the proposed use of the buildings shown on the site; (m) Such other architectural and engineering data as may be required to permit necessary findings that the provisions of this Code are being complied with; (n) Any of the above requirements may be waived by the buildiRg ® e#isial-Growth Manaqement Director, if he the Director deems the information to be Rat essentia4 non-essential; Section 3. That Sec. 8-6 entitled "Conditions to issuance of remodeling permits", of the City Code of Ordinances is repealed in its entirety. Section 4. That Article III Architectural Review, Section 8-29 through and including Section 8-40 is repealed in its entirety. Section 5. That Article VII entitled "Paving of Private Property" of the City Code of Ordinances is amended to read as follows: ARTICLE VII. PAVING OF PRIVATE PROPERTY Sec. 8-93. Permit required. It shall be unlawful for any person to pave driveways, sidewalks, parking lots, private streets and other privately owned areas within the city unless a permit authorizing such paving is first obtained from the city building e#isials division. 3 ORDINANCE NO.2001-009 Sec. 8-94. Drawings to be submitted to, approved by site onninoor Public Works/Utilities Director. Before the issuance by the city building official of a permit authorizing paving of driveways, sidewalks, parking lots, private streets and privately owned areas within the city the applicant for the permit shall submit a drawing of the contemplated paving, with an indication on the drawing as to the estimated cost of the paving, to the Gity engineer PublicWorks/UtilitiesDirector, and the applicant for the permit shall obtain approval of the drawing from the Gity onninoor PublicWorks/UtilitiesDirector. Sec. 8-95. Prerequisites to engineer's Public Works/Utilities Director's approval. The ^ity engineer Public Works Utilities Director shall not approve any drawing until he the Director establishes thereon grades, width of driveways and location of safety islands, where appropriate. Sec. 8-96. Minimum standards required; approval by Gity engin Public Works/Utilities Director. The pity engineer Public Works Utilities Director shall not approve any drawing of contemplated paving unless the following minimum standards, where applicable, are complied with: (a) Concrete sidewalks shall be four (4) inches thick; (b) Drop sidewalks for driveways shall be six (6) inches thick with a depression of three (3) inches at the street edge; and (c) Corners at intersections of streets shall have safety islands with a minimum width of eight (8) feet on each side of the corner, the width to be measured along the inside of the sidewalks adjacent to the corner. No permit shall be issued which would allow paving over existing sidewalks. Section 6. That Sec. 8-122, entitled "Same—Procedures during the filling operation" of the City Code of Ordinances is amended to read as follows: Sec. 8-122. Same—Procedures during the filling operation. (a) Only clean fill shall be placed. Clean fill constitutes sand, rock, concrete, concrete with reinforcement steel and road bed material. 4 ORDINANCE NO.2001-009 (b) The material used to fill the lake shall not contain any wood, lumber, trees, ® tree trimmings or other organic materials which could decompose causing water quality degradation. None of the above materials shall be allowed on the site, except when contained in removable dumpsters and then only in minimal amounts. (c) Should any unsuitable material inadvertently be placed in the lake, the filling operation shall be halted and the contractor shall notify the city. The filling shall remain halted until the unsuitable material is removed from the site and set aside for proper disposal. (d) The City of Dania Beach, at the discretion of the city manager, may require a special inspector, employed by the City of Dania Beach, to be present on the fill site at all times the operation is proceeding. The special inspectors' salaries and benefits shall be paid for from an account established by the City of Dania Beach and funded by the fill operator in advance. (e) The entire area ttee filled-r may be required tebefenGed and sesred to prevent illegal dumping at the diGGretien of the Gity manager and buildiRg effiGial. The site shall be secured with a six (6) foot high chain link fence prior to commencing operation and kept in place until completion of all work. (') The may be required to submit the Gity a laberatory GherniGal aRa.ysis of the surfaGe water eF ground water Gontained ER the full area. 0- eRg'Reering tests may be required GUGh as standard penetration tests. The Gest of all testingequired shall he borne by the owner. The Gity manager nr the building GffiGial shall determine when testing is required and what tests will be neerf�c�rermcd The owner/applicant must submit a copy of a license issued by Broward County Department of Planning and Environmental Protection with the application for the Fill Permit to be issued by the City. All provisions and conditions of the license shall be complied with by the owner/applicant. Section 7. That Sec. 8-138, entitled "Permit" of the City Code of Ordinances is amended to read as follows: Sec. 8-138. Permit. Notwithstanding any exclusion under the 1996 Telecommunications Act, Nno person shall construct or cause to be constructed a satellite dish antenna larger than eighteen (18) inches in diameter on any property in the city without first obtaining all applicable permits therefor. (1) Application for a permit under this section shall be made to the building official and shall be aGGOrnpanmed by a-payment of a fee of sew seven dollars ($77 nn) plus G"" a ge of thirty-five Gents (Q 035) n ® consist of plans, specifications, 5 ORDINANCE NO.2001-009 and otheF data Fequested by the building OffiGial a survey showing the location on the site. (2) The plans, specifications and other data to be submitted under this section shall be sufficient to show: a. Existing structures, required minimum setbacks, proposed locations of satellite dish antenna and proposed location of enclosure or screening. b. All dimensions of relevant items on the plot plan. C. The applicant for a permit shall be responsible for determining if there are any deeds or other type restrictions which would prohibit installation of a satellite dish antenna. Section 8. That Sec. 11-34, entitled "Code adopted, modified", of the City Code of Ordinances is amended to read as follows: Sec. 11-34. Code adopted, modified. This article shall provide the City of Dania Beach with rules and regulations to improve public safety by promoting the control of fire hazards; regulating the installation, use and maintenance of equipment, regulating the use of structures, premises and open areas; providing for the abatement of fire hazards; establishing the responsibilities and procedures for code enforcement; setting forth the standards for compliance; and establishing a fee structure for the inspection or reinspection for new and existing occupancies. This code shall be known as the City of Dania Beach Fire Prevention Code. The South Florida Building Code, 1986 1999, Broward County Edition and any future editions thereof, all N.F.P.A. codes adopted by the South Florida Building Code including but not limited to N.F.P.A. 101 Life Safety Code; and N.F.P.A. 1124 Fireworks, Manufacture, Transportation and Storage Code, be and the same are hereby adopted by reference and incorporated herein as fully as set out word for word herein. Not less than one copy of the above adopted codes shall be filed in the office of the city clerk and the provisions thereof shall be controlling within the corporate limits of the City of Dania Beach. Section 9. That Sec.11-49, entitled "Installation of approved smoke detectors", of the City Code of Ordinances is amended to read as follows: 6 ORDINANCE NO.2001-009 Sec. 11-49 Installation of approved smoke detectors. (f) New occupancy — Any new occupancies to which this article applies shall install approved smoke detector(s) as follows: (1) Location shall be approved by the buildiRg Offi fire marshall. Section 10. That Chapter 13 Article II Division 2 entitled "Unsanitary Buildings", Section 13-37 through and including 13-43 is repealed in its entirety. Section 11. That Sec. 14-7, entitled "Powers and duties of city manager, building official and chief of police", of the City of Code of Ordinances is amended to read as follows: Sec. 14-7. Powers and duties of city man ugef, building official code enforcement officers and chief of police. The powers and duties of the code enforcement officers and chief of police shall be to enforce the provisions of this chapter as otherwise provided by general law. inaadditionto the-G i f '. " e, shall havethe r of nnIiro offsers—^oftlhe sitj�.—They ^r their designated rcnresentati may enter any building or upon any premises, private or public, for the purpose of making inspection, upon presentation of proper credentials in connection therewith, in accordance with general law. Section 12. That Sec. 15-7, entitled "Application required; affidavit, zoning certificate and certificate of code compliance", of the City Code of Ordinances is amended to read as follows: Sec. 15-7 Application required; affidavit, zoning certificate and certificate of code compliance. No license shall be issued or be granted to any applicant therefor to engage in the business of selling merchandise at retail or wholesale, or the practice or pursuit of any business, profession or occupation, coming within any category mentioned in this chapter or upon the schedule of licenses as adopted by section 15-12 unless the applicant shall first comply with the following conditions: (a) The applicant shall make an affidavit before some an officer of the city, authorized to administer oaths, stating: (1) The applicant's name. 7 ORDINANCE NO.2001-009 (2) The particular location in the city where the applicant proposes to commence or conduct business. Where tax is based on area, capacity, capital invested and surplus, average value of stock carried, number of persons, animals or things employed or engaged, quantity, valuation or other contingency, such information shall be provided to the city. Such affidavit shall be filed with the city clerk of the city. (3) The appliGant, when deemed nesessan, by vy—the Gity, must obtain frrern the building offinial a ZGniR9Gertifin�Goeert�Tn_that the real property on Whirh thin siness is to be operated is -oned for the i ise intended by the applinant_linensee The application for license shall bear a statement that reads as follows: "The real property on which the proposed business is to be operated is zoned for the use intended by the applicant/licensee" and shall be certified via the signature of the Zoning Officer on the application during review and prior to issuance of the license. (4) GeFtifyinn that the premises en and in which the applicant intends to operate the business er Prior to the issuance of a license the • premises which are the subject of the business have been shall be inspected by the building official, or a qualified memher of his staff designee, and the fire marshall, and that such inspections must shows that the premises meet all requirements of the building code and the fire code of the city on the date of the inspection or the premises shall be made to comply with such codes. (b) No license shall be granted until there has been full compliance with this section and no license granted without full compliance shall be a protection to the applicant in any proceeding, civil or criminal. Section 13. That Sec 19-5, entitled "Combining lots into one unit; effect," of the City Code of Ordinances is repealed in its entirety. Section 14. That Sec. 19-6, entitled "Declaration combining lots" of the City Code of Ordinances is repealed in its entirety. Section 15. That Sec. 19-33, entitled "Easements required," of the City Code of Ordinances is amended to read as follows: Sec. 19-33. Easements required. Easements shall be provided for the installation of underground utilities or ® relocating existing facilities in conformance with such size and location of 8 ORDINANCE NO.2001-009 easements as may be determined by the building OffiGial Pub IicWorks/UtiIitiesDirector to be compatible with the requirements of all utility companies involved with respect to a particular utility service. Section 16. That Sec. 19-64, entitled "Building official and inspectors," of the City Code of Ordinances is amended to read as follows: Sec. 19-64 Building official and inspectors. There shall be a building official, a building plans examiner, a building inspector, an--chief electrical inspector, a chief plumbing inspector, a chief mechanical inspector, a Gode enforGernent inspeGtOr and as many assistant inspectors as may he needed together ,kith and clerks, secretaries and other employees as permitted by the Gity GGMMiSSiGR as may be deemed necessary by the building official to properly operate the division. Section 17. That Sec. 22-1, entitled "Buildings to be numbered," of the City Code of Ordinances is amended to read as follows: Sec. 22-1 Buildings to be numbered. The city building-effinial- Fire Marshall is vested with authority to require the owner of any building in the city to display the correct street number upon such building. • Section 13. That Sec. 22-5, entitled "Pavement, improvement and use of swale areas", of the City Code of Ordinances is amended to read as follows: Sec. 22-5 Pavement, improvement and use of swale areas (2) Commercial or industrial areas. The above standard for residential areas also applies to commercial or industrial frontage. In the event a larger paved area is desired for parking or access, the owner of the abutting property must provide for subsurface drainage areas or other facilities which will be equal to the additional area which is proposed to be paved. A permit from the building e#asial-division must be obtained for this construction. Maintenance of S iG" -subsurfa6e dramps must he performed by the owner of the ab ittinn pmperty. Upon e Application for a permit, the owner ^r owners of the ab ittin^ nrnnertiec shall submitconsist of a proposed planer s:etGh, including details of the construction, to the hi ii inn Gftiaf—drawn signed and sealed by a civil engineer and a completed permit application by an appropriately licensed contractor. The application package will be reviewed by the Public Works Department and issued by the building division upon the approval of the Public Works Department. Maintenance of such systems is the responsibility of the abutting property owner. 9 ORDINANCE NO.2001-009 • Section 18. That Sec. 22-20, entitled "Enforcement; authority of building official", of the City Code of Ordinances is amended to read as follows: Sec. 22-20 Enforcement; authority of building effiGiaf division. The Gity maRag Code enforcement division is hereby authorized, directed and delegated to enforce the provisions of this article and all applications for permits required by this article shall be made to- through the building o#isialdivision and this a4ir4o Section 19. That Sec. 22-36, entitled "Refilling opening and replacing pavement", of the City Code of Ordinances is amended to read as follows: Sec. 22-36 Refilling opening and replacing pavement. After the opening or cut has been made the person receiving the permit shall refill the same and shall repave the filled opening with the same type of material as the surrounding surface or the same type of material as cut or excavated. • Such work of refilling and repaving shall be done in such manner as shall be prescribed by the city building off and, upon failure to do so, the city may cause such work to be done and the cost thereof shall be charged against the owner of the abutting property. Section 20. That Sec. 22-37, entitled "Bond may be required", of the City Code of Ordinances is amended to read as follows: Sec. 22-37 Bond may be required. Before any permit shall be granted for the opening of or cutting of any curb or sidewalk the person making application for such permit may-shall be required by the Gity building GffiGial Public Works/Utilities Director to deposit with the city a cash bond in such sum as may be estimated by the Gity building Gffi Public Works/Utilities Director to insure the maintenance of lights and barricades during the period of construction work, the refilling of such opening and the repaving thereof, as is provided in this article. Section 21. That the following sections of Chapter 28 entitled "Zoning" are amended by replacing the term "building official" with the term "growth management director": 5.14 (g), 5.34 (a), 5.35(a), 6.25, 6.26, 6.26 (a), 6.51, 6.53 (a), 6.53 (a)(6), 6.55 (a), 6.55 (a)(4), 6.62, 7.31 (a), 9.26. 10 ORDINANCE NO.2001-009 Section 22. That the following sections of Chapter 28 entitled "Zoning" are amended by deleting the term "building official": 5.16 Editor's Note, 5.34 Editor's Note, 6.51 Editor's Note, 6.53 Editor's Note. Section 23. That Chapter 28, Article 5, Section 5.36 entitled "Walls, Fences and Hedges" subsection (f) of the City Code of Ordinances is amended to read as follows: (f) Other requirements. Fences or walls shall be constructed of masonry materials, wood, chain link, P.V.C. or other materials approved by the building e#lsial code. The decorative side of wall or fence shall face the exterior or public side. Section 24. That Chapter 28, Article 6, Section 6.23 entitled "Auto Rental Lots" of the City Code of Ordinances is amended to read as follows: 6.23. AUTO RENTAL LOTS. Drier to the issuanre of a per Prior to the granting of zoning approval for a permit or the issuance of an occupational license for the use of any property as an auto rental lot the city's growth management director or other des grated affirer designee shall certify in writing that all of the conditions, required as a prerequisite to the granting of such permit or license have been completed in accordance with such conditions and requirements. Servicing of the licensee's vehicles, consisting of washing and lubrication only, may be permitted on an auto rental lot provided that said servicing facilities are housed in a building with no opening directly on to the street, and such servicing shall not be visible or audible from the street or adjoining property. On auto rental lots an office structure which shall include toilet facilities shall be erected. One gas pump for the sole purpose of serving the rental vehicles owned by licensees may be installed. Such pump shall be located not more than ten (10) feet nor less than five (5) feet from the designated rear lot line. Where one or more lot lines abut a residential district a wall not less than five (5) feet in height shall be erected along such rear lot line. No automobiles shall be sold or held for sale on an auto rental lot. Section 25. That Chapter 28 Article 9, Section 9.10 entitled "Building official", of the City Code of Ordinances is amended to read as follows: 11 ORDINANCE NO.2001-009 9.10. Building official. ® The building official, who shall be under the supervision of the growth management director, is hereby given the duty, power and authorization to enforce the adopted building code and those provisions of this chapter which concern building, construction or building code related items. #e The official shall examine all applications for permits, issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with requirements of this chapter and shall perform any other duties as may be directed by the director of growth management. The building official shall also record and file all applications for permits with accompanying plans and documents, and make such reports to the growth management director and, if directed to do so, to the city manager. Building permits for a variance from the requirements of this chapter and for such special exception uses as may be enumerated in this chapter shall be issued only upon written order of the city commission. Section 26. That Chapter 28, Article 9, Section 9-20, entitled "Building Permits" of the City Code of Ordinances is amended to read as follows: 9.20. Building permits. 9.21. PURPOSE. To insure compliance with the provisions of this chapter, no person shall erect, alter or convert any structure or building, or part thereof, nor alter the use of any land, until a building permit has been issued by the building e#*Gial division. 9.24. DENIAL OF PERMITS. When the buildiRg OffiGial growth management director is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he the director shall refuse to i66ue -reject the building permit application and the applicant may appeal to the city commission for a reversal of the e#isial's director's decision. The director's refusal shall be written and state the reason for denial. 9.25. REVOCATION OF PERMITS. If it shall appear, at any tirne, to the building misleading, er that Work is being done upen the premises differing mateFially from that Galled fer in the appliGationq- filed with hirn undeF exi6ting laws er ordiRaRGe6, he may forthwith r,-=Nm-kt-= the buildiRg peFmit, whereupon it shall be the duty of the perso td kie same to-suFFeRder it and all seP.esthereof t e said nnpy hand delivered nr cent by certified mail to the hermit held After the permit s been revoked, the building GffiGial may, in his • di`rretien before icci jinn the new building pe-pmit, require the appliGant to file an 12 ORDINANCE NO.2001-009 GOrnpliaRGe with this Ghapter and all laws and ardin-anGes then forne and in a SUM SUffiGient tO GaveF the GGSt of removing the building or 6tFWGtUFe if it es not SG GGR4P1y-. Revocation of building permits shall be in accordance with the adopted building code. Section 27. That except as amended above, all other provisions of Chapters 8, 11, 13, 14, 15, 19, 22, and 28 of the Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect. Section 28. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 29. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall'not affect the validity of the remaining portions of this ordinance. Section 30. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on February 6, 2001. PASSED AND ADOPTED on second reading on February 27, 2001. APPROVED: C.K. CELY A MAYOR-COMMISSIONER ATTEST: ROLL CALL: MAYOR McELYEA YES VICE-MAYOR BERTINO_YES COMMISSIONER ETLING_YES SH E NY L CHAPMA COMMISSIONER CALI YES ACTING CITY CLERK COMMISSIONER MIKES-YES APPROVED AS O FORM AND CORRECTNESS: THbmM J. ANSBRO CITY ATTORNEY 13 ORDINANCE NO.2001-009 _ r �4:fF�'`iy�✓r'��t} Ste' Nz SUN- SENTINEL ` 1 '��PIOTICE OF HEARING vkT�is },: PUBLISHED DAILY BEF..ORE TY COMMISSION CITY OF DANIA'BE iC'Ll FLORIDA REGARDING\ADOP,TION OF THE FOLLOW- FORT LAUDERDALE, BROWARD COUNTY, FL ING`PROOOSED'ORDINANCESt;+ ,,1- � ;: NOTICEISHEREBYGIVENthattheCrty Gommissiorrof BOCA RATON, PALM BEACH COUNTY, FLO thetCityof'Danta eeabh Florida on'Februar 27;2001, MIAMI, MIAMI DADS COUNTY, FLORIDA at:7,:3o p m or.as.soon,fnereafter as the ma ter nay.�e heard will conduct:a public hearsn�9 m'.the Csty,Com- mission room'of the ansa Beach City.Han 100..West Dania Beach'Boulevard Dama!Beach 'F.lorida to?con= sided the proposed adoption of the following OrdtnancAN, - es entitled STATE OF FLORIDA FLOR DA NAMEND NGTTHE CODOF,!, 0 DORIDINANCES COUNTY OF BROWARD/PALM BEACH/MIAMI DADE RELATING TO RETIREMENT':DATES :P,ROVIDING BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARS[THAT.MEMBERS MAY RETIRE'"ON AT`fAINING"-AGE FIFTY-FIVE((55 AND-COMPLETING TEN�(10 :YEARS OR ATTAININM AGE FIFTY ((50 AND COMPLETING TWENTY-FIVE'(25) YEARS OF_;�REDITED..SERVICE; PROVIDING FORA SAVINGS CLAUSE-PROVIDING WHO, ON OATH, SAYS THAT FOR A REPEALER;AND PROVIDING FOR.AN EFFEC-; TIVE DATE. HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIF AN ORDNANCE of-THE CITY'OF DANIA BEACH`' DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISH FLORIDA PERTAINING WHICH CHAP OF ER IS NTI IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND T TLED`'WATERANDSEWERS•••AMENDING'ARTICLEIf COMPLY'WITHTTHE WAT R-SH RTAGE PILAW=0F ATTACHED COPY OF ADVERTISEMENT, BEING A: THE.SOUTH-FLORIDA-WATER_MANAGEMENTzbIS { TRICT PROVIDING OR CONFLICTS PROVIDING FOR1 SEVERANCE FURTHER PROVIDING FOWAN.EF.FE R NOTICE TIVE-DATE $ , AN ORDINANCE OF THE CITY COMMISSIONrOF*THE' CITY^;OF DANIA BEACH-FLORIDA MENDING CHAP TER:22 OF TH66ITY CbDE OF ORDINANCES TOES= IN THE MATTER OF: TAB LISH.REGULATIONSvONCERNING:-THE-,USE'iOF PUBLIC RIGHTS OF=.WAY FORaCOMMUNICATIONS FACILITIES'-4.PROVIDING+DEFINITIONS•°';P..ROVIDING' Retirement dates FOR REGI�` ATIOW AND pERMIT^�Ph6bEDURES; PROVIDING_' ONDITIONSS F..OR, PLsACEMENT�'>.•AND MAINTENANCE�OF,COMMUNICATIONS:iFACILITIES IN RIGHTS-OF=WAY°ifPROVIDING iFOfl INSURANCE IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN AND>"INDEMNiFICAtIOW PROVIDING'WiPENALTIES FOR VIOLATION PROVIDING�FOR CONFLICTS EPRO=ISSUES OF: wIDNG FOR SEVERABILITY PROVIDING.FOR INbLU_' SION.IN THE,CITY CODE ANDSPBOVIDING FOR AN'' EFFECTIVE DATE < s sesa# a&t+yt�'tvyh vA BAN ,ORDINANCE OF THE CITY'OF DANIA"BEACH 2/15,1D 10253856 FLORIDA"'UPDATING+VARIOUS`,CODE PROVISIONS C.ITEDURES�OBSER ED BY THERC TYCRELAT NdR O AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEV`ING E UILDINGS,ANDRpLANNING IbENS!NG;:ZON PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,I,FROM"ONE"'DEPARTM -VARIOUS NOTHERNONE DIVIS- AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTIISION O0 ANOTHER�DIVISION--OR-BOTq,:.SUBJECT TOECERTAIN'CIRCUMSTANCtS; •AMENDING:VARI_ PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY IOUS.PROVISI6NS:N:CHAPTER:eOFTHE,CTY-CODE OR%ORDINANCES rnWHICH'rCHAPTER''IS 'ENTITLED ® EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER 'BUILDINGS 'CHAPTER 11 WHICH CHAPTER IS:EN-TITLED 'FIRE`'%PROTECT16N,t AND +,PREVENTION', POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, CHAPTER '13,'<WHICH:, CHAPTER iS ',ENTITLED FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLI CHAP ER"LTH Is NT TLEDTJUNR AND ABANDOVJE--WHICH VE ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER S HICLES CHAPTER 15 WHICH CHAPTER IS ENTITLED HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, TLEDNPLWINGPAND;:'DtV�OPMENTTECHAPTER 22 WHICH CHAPTER,IS ENTITLED .STAEETS''AND CORPORATION,ANY DISCOUNT, REBATE,COMMISSION, OR REFU SIbEWALI 6S -;ANDCHAPTER28•WHICHCHAP.TER.IS ENTITLED,IZdNING';REP.EALING'SECTION 8-6 ENTI- PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATIOI TLED r,CONDITIONS;,TP ISSUANCE OF REMODELING NE APER. PERMITS".-, Y a s 7*rr ir<ri,• . REPEALING ARTICLE Ill OF CHAPTER 8-:ENTITLED 7? 'ARCHITECTURAL r REVIEW SECT16NS ,,8=29 THROUGH 8-40`IN tS'ENTIRtiY'.t3EPEAL'ING SEC TION`19 5 ENTITLED 'COMBINING LOTS:INTO.ONE UNIT EFF.ECT.' REPEAL'ING SECTION 19 6lENTITLED ( SIGNATU E )AFFIANT DECLARATIOK COMBINING LOTS' REPEALING;'AR TICLE:'ll DIVISION;2�01` CHAPTI'R 13 �ENTITL"ED UNSANITARY;+- BUILDINGS xs•SECTlO)JS1d)�13 37i THROUGH°13:43 IN ITS,ENTIRETY PRO.VIDiNG FOR SWORN TO AND SUBSCRIBED BEFORE ME CONFLICT8 1?P.ROVIDING',,'FOR,SL`VERANCE ,'FUR'THER-�P,ROVIDING FOWAN EFFECTIVEIDATE a" - :+ ON: 15-February-2001 A.D. FLOR D PROVEDING HATT EfPORDANIION O FSA-(jH'ROAD__84 WHICH PORTION i LIES .IMMEDIATELY WEST=OFyINTERSTATEvHIGHWAYA g5,•EXTENDING WESTERLY+TO'THE PORTION OFd:THEgROAD�BOR= DERED ON THE`WEST'BYTHESOUTH FORK-OF:NEW RIVER�VVHICH,IS ALSO:THE WESTERNMOST 60R— (SIGNAT FI LIMIT,OF zTHECrtCITY SHALL`ALSO*'BE`� NW d KNNOWN'.tAS fAND+NAMED MARINA'BOULEVARD'- PROVIDING FOR CONFLICTS PROVIDING'FOR SEV� ^_COffiII1LS.4{Orl#CC 9W74 OATECE'+FURTHER PROVIDI}4G FOR AN EFFECTIVE Sap B9 JUlyT24u 3p�( a k na la'i xK i tt r c a d oriQad A copy of these proposed Ordinances arerori'file to the Admnistrative Services Department Clt Nall -1he'pans AtIei11 G HAftt(Iag Cp.,IaC• ;:West,Danla Beach Boulevard cDania Beach;;F.loirida and'may The Inspected bY,the public during+normal workingg hours .aH uv °'°'`s" grid be heea d wltti rest appear at the iiforesaldmeeting (NAME OF NOTARY,TYPED, PRINTED, OR AMPED) who decides td a pec jothepropos.. A"ny,parson Corrimission:withrespectaodanymatteecon deredI t:this hearing will need a record of,the:proceedings^and PERSONALLY KNOWN OR for such„purpose may need to ensure that;a verbatim record,o,the`pproceedinggss:is made;pwhicti record�in- cludes-,th'a testimony andevidence upon which the ap- PRODUCED IDENTIFICATION n ai ac c to:be based n cordance'with the Americari':with'Disabilities Act;" persons needing;assistartce,to particippate in'any o,the pprocee`dlrigs should contact Sherryyl::Chapman Acting City-Clerk 1001West manla'Beach BouPevara"fDanla ® Beach,Florida,33004 (854).924 3630, or t least4�hours prito.ttie meeting v,>o-* p s+ , /s/Charlene JohnsonrCMQ � f s" 114 ' Deputy'Clty Clerkt:* A;V u'15RS Ky F,ebrt ery.16 2001t?ix t Xzasyt�A t#twss q gR+ f y We1ss as " rota Helfinan Pastoriza-& Gue ' PZZA- M AChMo To: Mayor and Commissioners cc: Mike Smith, City Manager Laurence Leeds, Growth Management Director Ken Koch, Building Official From: Karen Lieberman, Assistant City Attorney Date: January 31, 2001 Re: Proposed Ordinance Updating Various Code Provisions At the request of Ken Koch, the City's Building Official, attached is a proposed Ordinance revising various code provisions relating to streets, code enforcement, licensing, zoning, buildings and planning and development, in an effort to update the Code. A summary of the revisions is as follows: 1) Revising numerous sections of Chapter 8 of the code to conform to current practice. 2) Repealing Chapter 8, Article III, entitled "Architectural Review", Section 8-29 through and including Section 8-40 in its entirety. 3) Replacing the term "city engineer" with "Public Works/Utilities Director" in Sections 8-94, 8-95, 8-96. 4) Repealing Chapter 13, Article II, Division 2, entitled "Unsanitary Buildings", Section 13-37 through and including Section 13-43. 5) Revising Section 15-7, entitled "Application required; affidavit zoning certificate and certificate of code compliance" to conform to current practice. 6) Repealing Section 19-5, entitled "Combining lots into one unit; effect" and Section 19-6, entitled "Declaration combining lots", to conform to current practice. ® Page 2 of 2 7) Revising Section 19-33 and Section 22-37 by replacing the term "building official" with "Public Works/Utilities Director". 8) Revising numerous sections of chapter 22 of the code to conform to current practice. 9) Revising Section 11-49 and Section 22-1 by replacing the term "building official" with the term "fire marshall". 10) Amending numerous sections of Chapter 28, "Zoning" to conform to current practice. 11) Amending the following sections of Chapter 28, "Zoning" by replacing the term "building official" with the term "growth management director": 5.14(g), 5.34(a), 5.35(a), 6.23, 6.25, 6.26, 6.26(a), 6.51, 6.53(a), 6.53(a)(6), 6.55(a)(4), 6.62, 7.31(a), 9.24 and 9.26. 12) Amending the following portions of Chapter 28, "Zoning" by deleting the term "building official": 5.16 Editor's Note, 5.34 Editor's note, 6.51 Editor's Note, 6.53 Editor's Note. ® Attachments Weiss Serota Helfinan Pastoriza & Guede s P.A MACMMO To: Commissioner Bob Mikes cc: Mayor and Commissioners Mike Smith, City Manager Bud Palm, Public Works/Utilities Director Laurence Leeds, Growth Management Director Ken Koch, Building Official From: Thomas J. Ansbro, City Attorney �A ® Date: March 15, 2001 Re: City Commission Inquiry Regarding "Engineering" Responsibilities of Public Works/Utilities Director Pursuant to Sections 8-93 Through 8-96 of the City Code of Ordinances At the City Commission meeting of February 27, 2001, you inquired as to whether the City may be entrusting engineering decisions to the Public Works/Utilities Director, pursuant to the ordinance amending numerous chapters of the City Code, particularly with respect to the sections that replace the term "City Engineer" with the term "Public Works/Utilities" Director. We reviewed the new ordinance and determined that the relevant sections of the code are sections 8-93 through 8-96. They address the paving of private property and state as follows (as a result of the amended law adopted at the meeting mentioned above): Sec. 8-93. Permit required. It shall be unlawful for any person to pave driveways, sidewalks, parking lots, private streets and other privately owned areas within the city unless a permit authorizing such paving is first obtained from the city building effieials division. Sec. 8-94. Drawings to be submitted to, approved by eity engineer Public Works/Utilities Director. Before the issuance by the city building official of a permit authorizing paving of driveways, sidewalks, parking lots, private streets and privately owned areas within the city the applicant for the permit shall submit a drawing of the contemplated paving, with an indication on the drawing as to the estimated cost of the paving, to the eity engineef PublicWorks/UtilitiesDirector, and the applicant for the permit shall obtain approval of the drawing from the PublicWorks/UtilitiesDirector. Sec. 8-95. Prerequisites to engineer4 Public Works/Utilities Director's approval. The eity enginee Public Works Utilities Director shall not approve any drawing until he the Director establishes thereon grades, width of driveways and location of safety islands, where ® appropriate. Sec. 8-96. Minimum standards required; approval by Public Works/Utilities Director. The Public Works Utilities Director shall not approve any drawing of contemplated paving unless the following minimum standards, where applicable, are complied with: (a) Concrete sidewalks shall be four (4) inches thick; (b) Drop sidewalks for driveways shall be six (6) inches thick with a depression of three (3) inches at the street edge; and (c) Corners at intersections of streets shall have safety islands with a minimum width of eight (8) feet on each side of the corner, the width to be measured along the inside of the sidewalks adjacent to the corner. Pursuant to a meeting I attended with the City Manager, Public Works/Utilities Director, Growth Management Director and our Building Official (at which a number of matters were discussed, including this matter), it was determined that the opinion of,an independent engineer was desirable as to the need, if any, for "engineering" expertise for the ® foregoing approvals. L C J Sec. 8-93. ermit required. It shall be unlawful for any person to pave driveways, sidewalks, parking lots, private streets and other privately owned areas within the city unless a permit authorizing such paving is first obtained from the city building officials division. Sec. 8-94. Drawings to be submitted to, approved by Public Works/Utilities Director. Before the issuance by the city building official of a permit authorizing paving of driveways, sidewalks, parking lots, private streets and privately owned areas within the city the applicant for the permit shall submit a drawing of the contemplated paving, with an indication on the drawing as to the estimated cost of the paving, to the etty engineer PublicWorks/UtilitiesDirector, and the applicant for the permit shall obtain approval of the drawing from the engineer PublicWorks/UtilitiesDirector. Sec. 8-95. Prerequisites to engineers Public Works/Utilities Director's approval. The Public Works Utilities Director shall not approve any drawing until he the Director establishes thereon grades, width of driveways and location of safety islands, where ® appropriate. Sec. 8-96. Minimum standards required; approval by c-ity engineerPublic Works/Utilities Director. The Public Works Utilities Director shall not approve any drawing of contemplated paving unless the following minimum standards, where applicable, are complied with: (a) Concrete sidewalks shall be four (4) inches thick; (b) Drop sidewalks for driveways shall be six (6) inches thick with a depression of three (3) inches at the street edge; and (c) Corners at intersections of streets shall have safety islands with a minimum width of eight (8) feet on each side of the corner, the width to be measured along the inside of the sidewalks adjacent to the corner. Pursuant to a meeting I attended with the City Manager, Public Works/Utilities Director, Growth Management Director and our Building Official (at which a number of matters were discussed, including this matter), it was determined that the opinion of an ® independent engineer was desirable as to the need, if any, for "engineering" expertise for the foregoing approvals. We consulted with Mr. Henry Talton, the City Engineer for the City of Miramar and a registered Florida P.E. for many years. I have known Mr. Talton for a number of years, from my working days with him at the City of Fort Lauderdale. Mr. Talton advised that the responsibilities described in the code sections above could routinely be performed by the Public Works/Utilities Director. However, if a project was more complex, the Director may want to consult with the City's engineering consultant. Based upon our discussion with Mr. Talton, we believe that the text of the new ordinance can remain as it was recently adopted.