Ord No 20-13-2167ORDINANCE NO. 20-13-2167
An Ordinance amending Section 20 -5.5 (C)(3) and (G)(3) of the City of South
Miami's Land Development Code to redefine the newspaper required for
publication and to conform to Section 166.041(3)(a) of the Florida Statutes.
WHEREAS, the pertinent part of Section 20 -5.5 of the City of South Miami's Land
Development Code states:
20 -5.5 - Applications requiring public hearings.
The following procedures shall be followed for all applications requiring a public
hearing before the planning board and city commission, including all applications
for rezoning, text amendments, special uses and variances.
(C) Planning Board Notice Requirements. Upon receipt of a complete
application, the building and zoning department shall prepare a Notice of Public
Hearing and a location map of the subject property. At least ten (10) calendar
days prior to the scheduled public hearing by the planning board on the
application, the building and zoning department shall:
(3) Place a legal notice in a local newspaper of general circulation which
notifies the public of the scheduled hearing date, location of subject property and
nature of application request; and
(G) Commission Meeting Notice Requirements. At least ten (10) calendar
days prior to the scheduled public hearing by the city commission on the
application, the city clerk shall:
(3) Place a legal notice in a local newspaper of general circulation which
notifies the public of the scheduled hearing date, location of subject property and
nature of application request; and
WHEREAS, the pertinent part of Section 163.041(3)(a) states: Except as provided in
paragraph (c), a proposed ordinance may be read by title, or in full, on at least 2 separate days
and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general
circulation in the municipality. "; and
WHEREAS, the Section 20 -5.5 could be interpret to require ten (10) days' notice in a
newspaper that gears its publication to the news within the City and surrounding municipalities.
Such an interpretation would create havoc with the timing and the scheduling of land use matters
before the Planning Board and City Commission. With such an interpretation it would take
approximately twenty three (23) days advanced submission of an advertisement to advertise in a
local newspaper, whether for City Commission or a Planning Board public hearing. The City
typically advertises in the Neighbors section of the Sunday Miami Herald and such
advertisements must be submitted by the prior Wednesday, and even then the advertisement is
not published more than 9 days before the second Tuesday commission meeting following
publication. Consequently the City advertises in the Sunday Neighbors to reach the widest
readership within the City and also the Daily Business Review to satisfy the ten (10) calendar
y advanced publication requirement of the Florida Statutes. Thus, to advertise in Neighbors
Page 1 of 3
Ord. No. 20 -13 -2167
ten (10) calendar days prior to a City Commission or Planning Board meeting would require that
the advertisement be placed an entire week before the normal date of submission. This would
cause a delay of an additional two weeks between Planning Board meeting and an additional two
weeks for City Commission approval of the second reading of ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: Section 20 -5.5 of the City of South Miami's Land Development Code shall be
amended to read as follows:
20 -5.5 - Applications requiring public hearings.
All required public hearings shall be advertised in a newspaper of general circulation and
the same advertisement shall be published in a local newspaper, if available, so as to provide as
much notice as possible within the City, but, in any event, the notice in the local newspaper need
not be published ten (10) days before the public hearing. The timeliness of the publication in the
local newspaper shall not be grounds for challenging the action taken unless such a newspaper is
available for publication and then only if it was published less than five (5) d4ys before the
proposed action is taken. The word "newspaper of general circulation" shall mean the Daily
Business Review, or similar newspaper. The word "local newspaper" shall mean a newspaper
distributed in the City of South Miami, whether free to its readership or otherwise available. The
following procedures set forth in this section 20 -5.5 shall be followed for all applications
requiring a public hearing before the planning board and city commission, including all
applications for rezoning, text amendments, special uses and variances._
(C) Planning Board Notice Requirements. Upon receipt of a complete application, the
building and zoning department shall prepare a Notice of Public Hearing and a location map of
the subject property. At least ten (10) calendar days prior to the scheduled public hearing by the
planning board on the application, the building and zoning department shall:
(3) Place a legal notice in a legal newspaper of general circulation in the City which
notifies the public of the scheduled hearing date, location of subject property and nature of
application request; and
(G) Commission Meeting Notice Requirements. At least ten (10) calendar days prior
to the scheduled public hearing by the city commission on the application, the city clerk shall:
:E X
(3) Place a legal notice in a local newspaper of general circulation in the City which
notifies the public of the scheduled hearing date, location of subject property and nature of
application request; and
Section 2: Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re- lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Page 2 of 3
Ord. No. 20 -13 -2167
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
that give the appearance of being in conflict when the two ordinances can be harmonized or
when only a portion of the ordinance in conflict needs to be repealed to harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 3rd day ofSeptember , 2013.
ATTEST:
CITY CLERK
1St Reading - 8/20/13
2 "d Reading- 9/3/13
READ AND R VED AS TO FORM:
LANGUA . LE ALITY AID R
CITY AkTORNEY
APPROVED:
M�
COMMISSION VOTE:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Yea
Commissioner Newman:
Yea
Commissioner Harris:
Yea
Commissioner Welsh:
Yea
Page 3 of 3
C\
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - SEPT. 3, 2013
in the XXXX Court,
was published in said newspaper in the issues of
08/23/2013
Aff!ant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, c r refund for the purpose
of securing this a rtisement for p blication in the said
news .
Sworn to d -nd subscribed before me this
23 ydpfy of AbG�JST / / , A.D. 2013
' (SEAL)
MARIA MESA personally known to me
ypl�Y A,- B. THOMAS
Commission # DD 937532
=o= Expires November 2, 2013
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