12I
1 ORDINANCE NO. ______ _
2
3 An Ordinance amending Section 20-5.5 (C)(3) and (G)(3) of the City of South
4 Miami's Land Development Code to redefine the newspaper required for
5 publication and to conform to Section 166.041(3)(a) of the Florida Statutes.
6
7 WHEREAS, the pertinent part of Section 20-5.5 of the City of South Miami's Land
8 Development Code states:
9 20-5.5 -Applications requiring public hearings.
10 The following procedures shall be followed for all applications requiring a public
11 hearing before the planning board and city commission, including all applications
12 for rezoning, text amendments, special uses and variances.
13 * * *
14 (C) Planning Board Notice Requirements. Upon receipt of a complete
15 application, the building and zoning department shall prepare aN otice of Public
16 Hearing and a location map of the subject property. At least ten (10) calendar
17 days prior to the scheduled public hearing by the planning board on the
18 application, the building and zoning department shall:
19 * * *
20 (3) Place a legal notice in a local newspaper of general circulation which
21 notifies the public of the scheduled hearing date, location of subject property and
22 nature of application request; and
23 * * *
24 (G) Commission Meeting Notice Requirements. At least ten (10) calendar
25 days prior to the scheduled public hearing by the city commission on the
26 application, the city clerk shall:
27 * * *
28 (3) Place a legal notice in a local newspaper of general circulation which
29 notifies the public of the scheduled hearing date, location of subj ect property and
30 nature of application request; and
31
32 WHEREAS, the pertinent part of Section 163.041(3)(a) states: Except as provided in
33 paragraph (c), a proposed ordinance may be read by title, or in full, on at least 2 separate days
34 and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general
35 circulation in the municipality."; and
36
37 WHEREAS, the Section 20-5.5 could be interpret to require ten (10) days' notice in a
38 newspaper that gears its publication to the news within the City and surrounding municipalities.
39 Such an interpretation would create havoc with the timing and the scheduling of land use matters
40 before the Planning Board and City Commission. With such an interpretation it would take
41 approximately twenty three (23) days advanced submission of an advertisement to advertise in a
42 local newspaper, whether for City Commission or a Planning Board public hearing. The City
43 typically advertises in the Neighbors section of the Sunday Miami Herald and such
44 advertisements must be submitted by the prior Wednesday, and even then the advertisement is
45 not published more than 9 days before the second Tuesday commission meeting following
46 publication. Consequently the City advertises in the Sunday Neighbors to reach the widest
47 readership within the City and also the Daily Business Review to satisfy the ten (10) advanced
48 publication requirement of the Florida Statutes. Thus, to advertise in Neighbors ten (10) prior to
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1 a City Commission or Planning Board meeting would require that the advertisement be placed an
2 entire week before the normal date of submission. This would cause a delay of an additional two
3 weeks between Planning Board meeting and an additional two weeks for City Commission
4 approval of the second reading of ordinances.
5
6 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
7 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
8
9 Section 1: Section 20-5.5 of the City of South Miami's Land Development Code shall be
10 amended to read as follows:
11 20-5.5 -Applications requiring public hearings.
12 All required public hearings shall be advertised in a newspaper of general circulation and
13 the same advertisement shall be published in a local newspaper, if available, so as to provide as
14 much notice as possible within the City, but, in any event, the notice in the local newspaper need
15 not be published ten (10) days before the public hearing. The timeliness of the publication in the
16 local newspaper shall not be grounds for challenging the action taken unless such a newspaper is
17 available for publication and then only if it was published less than five (5) days before the
18 proposed action is taken. The word "newspaper of general circulation" shall mean the Daily
19 Business Review, or similar newspaper. The word "local newspaper" shall mean a newspaper
20 distributed in the City of South Miami, whether free to its readership or otherwise available. The
21 following procedures set forth in this section 20-5.5 shall be followed for all applications
22 requiring a public hearing before the planning board and city commission, including all
23 applications for rezoning, text amendments, special uses and variances._
24 * * *
25 (C) Planning Board Notice Requirements. Upon receipt of a complete application, the
26 building and zoning department shall prepare a Notice of Public Hearing and a location map of
27 the subject property. At least ten (10) calendar days prior to the scheduled public hearing by the
28 planning board on the application, the building and zoning department shall:
29 * * *
30 (3) Place a legal notice in a leeal newspaper of general circulation in the City which
31 notifies the public of the scheduled hearing date, location of subject property and nature of
32 application request; and
33 * * *
34 (0) Commission Meeting Notice Requirements. At least ten (10) calendar days prior
35 to the scheduled public hearing by the city commission on the application, the city clerk shall:
36 * * *
37 (3) Place a legal notice in a leeal newspaper of general circulation in the City which
38 notifies the public of the scheduled hearing date, location of subject property and nature of
39 application request; and
40
41 Section 2: Codification. The provisions of this ordinance shall become and be made
42 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
43 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
44 "ordinance" may be changed to "section" or other appropriate word.
45
46 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
47 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
48 shall not affect the validity of the remaining portions of this ordinance.
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1
2 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
3 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
4 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
5 that give the appearance of being in conflict when the two ordinances can be harmonized or
6 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
7 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
8 amended to harmonize the two ordinances. rTherefore, only that portion that needs to be repealed
9 to harmonize the two ordinances shall be repealed.
10
11 Section 5. Effective Date. This ordinance shall become effective upon enactment.
12
13 PASSED AND ENACTED this __ day of ,2013.
14
15 ATTEST: APPROVED:
16
17
18
19 CITY CLERK MAYOR
20 1 st Reading
21 2nd Reading
22
23 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
24 LANGUAGE, LEGALITY AND Mayor Stoddard:
25 EXECUTION THEREOF Vice Mayor Liebman:
26 Commissioner Newman:
27 Commissioner Harris:
28 Commissioner Welsh:
29 CITY ATTORNEY
30
31
32
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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
Affiant 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 r.
Sworn to .and subscribed before me this
MARIA MESA personally known to me
B. THOMAS
C'..ommlssion # DO 931532
Expires November 2,2013
I!onded ThnI Troy Fain Inso.rt'anGe 800-38507019