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261 ORDINANCE ------- 2 3 An Ordinance amending Section 20-3.3(E) of the City of South Miami 4 Land Development Code concerning outdoor seating and dining 5 requirements for all commercial properties, except for properties in 6 the RO -Residential Office zoning district. 7 8 WHEREAS, several restaurants in the City of South Miami ("City") have 9 been having difficulty obtaining endorsements to their commercial liability policies 10 that would provide the City with advanced notice of cancellation of the policy; and 11 12 WHEREAS, the outdoor seating and dining ordinance needed to be updated 13 to provide the City with greater protection and control over the use of the City's 14 sidewalks by restaurants. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 17 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 18 19 Section 1. Section 20-3.3(E) of the City of South Miami Land Development Code is 20 hereby amended to read as follows: 21 22 (E) Outdoor Seating/Dining/or All commercial Properties, except/or Properties in 23 the RO Residential Office Zoning District. 24 25 (1) An application for outdoor seating and dining or a sidewalk cafe, on private .6 property or on public rights-of-way must be filed with the Planning Department. 27 The application shall include a layout (site plan) of the location of all tables, 28 chairs (including number and type of chairs), benches, and other furniture; 29 pedestrian ingress and egress; location of refuse containers; location of approved 30 outdoor speakers; and other elements necessary to illustrate the proposed outdoor 31 seating/dining use and area (all drawings must be titled, indicate orientation, and 32 be at an acceptable scale). If applicable, the site plan must clearly indicate which 33 seats and tables are on private property and which are on the public right-of-way. 34 The City Manager shall require that an amended site plan be submitted in order to 35 address specific problems. The following definitions shall be applicable: 36 (a) Seating shall mean any type of chair or furniture used by customers 37 in the act of consuming beverages or food; 38 (b) Table any furniture which is used for the placement of food or 39 beverages. 40 41 The following words, terms and phrases, when used in this code, shall have the 42 meanings ascribed to them in this section, except where the context clearly 43 indicates a different meaning: 44 45 City means the City Manager unless stated otherwise in this ordinance. 46 City Manager means the city manager or the city manager's designee. Page 1 of8 \ '" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Code compliance offlcer means the code compliance officers, or any other authorized agent or employee of the city whose duty it is to assure compliance with the City's code. Menu board means a board allowing for the posting of a restaurant's menu and fabricated in such a manner so as not to constitute a form of general advertising or establishment identification. Permittee means the recipient of an Outdoor Seating/Dining Permit under the terms and provisions of this division. Permit Year means the city's fiscal year that commences on October 1st and that ends on September 30th ofthe following calendar year. Restaurant for purposes of this section only, means a food service establishment that is maintained and operated as a place where food and/or beverages are prepared and/or served and sold for consumption within the premises, or a business establishment which has, as an ancillary or secondary use, a part thereof where food and/or beverages are prepared and/or served and sold for consumption within the premises. Right-of-wav means land in which a governmental body owns the fee title or has an easement devoted to or required for use as a transportation facility including sidewalks and streets. Sandwich board sign shall have the same definition as set forth in section 20- 4.3(B) under the name "Sign, portable outdoor dining"; Seating means any type of chair or other furniture used by customers in the act of sitting while consuming beverages or food. Sidewalk means that portion of the right-of-way which is intended for use by pedestrians and is located between the curb line or the lateral line of a street and the adjacent property line. Sidewalk cafe (cafe) means an outdoor seating and dining use located on a right- of-way which is associated with a restaurant and is primarily characterized by tables and chairs; may be shaded by awnings, canopies or umbrellas; and may include such other sidewalk cafe furniture (as hereinafter defined) as permitted and/or approved pursuant to this section. Sidewalk cafe furniture means those nonpermanent fixtures, furnishings and equipment associated with the operation of a sidewalk cafe and approved pursuant to this section including, tables, chairs, seating, umbrellas, planters, heaters, fans, rolling service stations, service carts, bussing stations, and menus and/or specials boards. Sign shall have the same meaning as provided for in Section 20-4.3 of this code. Page 2 of8 1 2 3 4 5 6 7 8 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 "1.3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '5 ,6 Street means that portion of a right-of-way improved, designed or ordinarily used for vehicular traffic and/or parking. Table means any furniture which is used for the placement of food or beverages. (2) Sidewalk cafe or Outdoor seating/dining areas and uses of the public right- of-way and/or any private property may be approved, denied, or approved with conditions, modifications, safeguards, or stipulations appropriately and reasonably related to the intent, purposes, standards, and requirements of the related regulations by the City Manager. Such outdoor seating/dining permit shall not be transferable in any manner and is strictly a conditional use permit, issued for a period of one year, renewable annually via payment of the annual occupational license fee, annual proof of compliance with the requirements of this ordinance, including insurance and if applicable, payment of the per seat fee set forth below. (3) The fee for Sidewalk cafes shall be charged annually for each outdoor seat located on public rights-of-way and or any stand alone table top with no seating which is used for consumption of beverages or food. The fees to be charged shall be set forth in the City's Schedule of Fees a resolution or ordinance to be adopted by the City Commission. The permit fee shall be added to the annual occupational license fee and the payment of all outstanding violation fees for the main business. No Sidewalk cafe permit shall be issued while the applicant is delinquent in the payment of any money owed to the City. (4) The applicant shall provide the City with an indemnity agreement that is acceptable to the City Manager and that provides for indemnification and compliance with the City's insurance requirements. This agreement v.rill include specification of liability insurance provided. including the following: (a) Commercial general liability insurance in the amount of $1,000,000.00 per occurrence for bodily injury and property damage. The city must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement. (b) For sidewalk cafes which serve alcoholic beverages, liquor liability insurance in the amount of $1,000,000.00 per occurrence for bodily injury and property damage. The city must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting compliance with this requirement. (c) Workers' compensation and employers' liability as required by the state. All policies must be issued by companies authorized to do business in the state and rated B+:V,I or better per Best's Key Rating Guide, latest edition who are not surplus lines carriers and who are covered by the Florida Insurance Guaranty Association. The City Manager may increase these insurance requirements provided such requirements are applied to all parties similarly situated. Page 3 of8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Proof of insurance shall be provided to the city as a requirement of the permit. If such proof is a nonbinding certificate, the applicant's insurance agent and carrier shall advise the City in writing, in a form acceptable to the City Manager execute annually, an affidavit with the city verifying that the applicant on behalf of the cafe has the required insurance. Such affidavit shall include the policy number, company name and company contact information. City officials shall contact the applicant's insurance company monthly to verify the existence and continuance of such insurance. Unless the cafe provides the City with a binding certificate of insurance and an endorsement to provide the City with at least 10 days advanced notice of intent to cancel the policy, the cafe shall pay the City a monthly fee of $25 to cover the cost to verify existence of coverage. Failure to comply with these requirements shall be deemed to be operating without a valid permit and shall cause an immediate suspension of the permit and the assessment of a daily fee until the permit is revoked or the requirements are met. (5) An Sidewalk cafe outdoor seating/dining use and area permit may be revoked by the City Manager upon finding that one flj or more conditions of these regulations have been violated, or that the Sidewalk cafe outdoor seating/dining area and use and area is being operated in a manner which is inconsistent with the approved site plan or constitutes a public nuisance, or in any way constitutes a reasonable risk of injury to persons or damage to property or potential liability to the City. A decision by the City Manager to revoke ~ permit for failure to comply with the one or more conditions or regulations may be appealed by the owner or operator to the City Commission. An appeal must be filed with the City Clerk within thirty (30) days of receipt of written notice of the City Manager's decision. An appeal of the City Manager's decision does not stay the implementation of the City Manager's decision. The City Commission shall hear and enter a decision on any appeal taken within sixty (60) days from the date the appeal is filed. The City Manager's decision shall be in writing and indicate what provisions of the City's code of ordinances have been violated and/or what public nuisance or risk of potential liability to the City predicated the decision of the City Manager. (6) Outdoor seating/dining use and area A Sidewalk cafe permit may be temporarily suspended by the city manager for public use/purpose, utility, sidewalk or road repairs, emergency situations, or violations of provisions contained herein. The length of suspension shall be determined by the city manager as necessary. Removal of all street furniture and related obstructions shall be the responsibility of the owner/operator of the outdoor seating/dining. (7) A Sidewalk cafe permit Outdoor seating/dining use and area may be temporarily expanded by the City Manager upon receipt of a written request including a site plan during special events. (8) A Sidewalk cafe permit Outdoor seating/dining area shall be kept in a neat and orderly appearance and shall be kept free from refuse and debris. The applicant shall be responsible for daily cleaning and sweeping of the Sidewalk cafe Outdoor seating/dining area and for the cleanliness and maintenance of any outdoor planters immediately adjacent to the outdoor seating/dining area. Page40f8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 _6 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 3 49 Cleaning shall include twice-monthly pressuree1eaningor other appropriate cleaning methods, as determined by the City. Use of city sidewalks for trash and garbage removal shall be prohibited. (9) A Sidewalk cafe Outdoor seating/dining use and area shall not interfere with the free and unobstructed pedestrian or vehicular circulation oftraffic, public access to any street intersections, crosswalks, public seating areas and conveniences, bus stops, alleys, service casements, handicap facilities, or access to any other public, residential or commercial establishments. The width and location of the sidewalk pedestrian passage through the Sidewalk cafe shall be as follows: a) If there is seating on one side of the sidewalk, a minimum of five (5) feet of sidewalk must remain clear and unobstructed by outdoor seating furniture and the maneuvering of chairs, and clear for pedestrian passage including room for maneuvering of chairs; b) If there is seating on two (2) sides of the sidewalk a minimum of five (5) feet of sidewalk between the two (2) seating areas must remain clear and unobstructed by outdoor seating furniture and the maneuvering of chairs, and clear for pedestrian passage including room for maneuvering of e:haffs; c) All outdoor furniture including but not limited to tables, chairs, umbrellas, and outdoor planters shall be located a minimum of eighteen (18) inches from the curb. (10) A Sidewalk cafe Outdoor seating/dining area on the public rights-of-way shall be open and unenclosed. No building structures of any kind shall be allowed in and over any portion of the outdoor seating/dining area located on public property, except by prior express written authority of the City Manager. (11) Tables, chairs and all other furniture used in the operation of an outdoor seating/dining area on the public rights-of-way shall not be anchored or restrained in any manner. Individual table umbrellas, planters, or other such non-stationary elements may be permitted within the outdoor seating/dining area and where applicable, shall have a minimum clearance height of seven (7) feet above the sidewalk. (12) A Sidewalk cafe Outdoor seating/dining uses and area must apply for and receive specific approval to provide amplified sound of any kind in the outdoor seating area. In the event the City Manager determines that the amplified sound constitutes a public nuisance the Ccity Mmanager shall impose additional conditions; in the event of a second offense the City Manager shall revoke the approval authorizing the use of amplified sound. Sound must be kept at a low volume so as to not disturb neighboring businesses, residences, or to be audible in neighboring residential districts. Plans for amplified sound must be submitted with the site plan. Each establishment must sign an agreement in order to have amplified music. (13) A Sidewalk cafe Outdoor seating/dining use and area on public rights-of- way shall be restricted to the length of the sidewalk or public right-of-way Page 5 of8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 immediately fronting the Sidewalk cafe or other establishment unless expressly authorized in writing by the City Manager. The utilization of space extending beyond the subject property frontage onto the immediately adjacent property may be authorized by the City Manager with the express written approval of the adjacent storefront, however, the seats and chairs in this location may not abut block the adjacent storefront windows may be authorized. This expansion is subject to annual written consent provided by the property owners in front of whose properties the outdoor seating/dining service would occur. The annual written consent form shall be provided to the City and shall include an insurance policy naming the City as 00 insured an additional insured and a hold harmless clause in favor of the City. (14) A Sidewalk cafe Outdoor seating/dining area shall be at the same elevation as the adjoining sidewalk or public right-of-way unless expressly authorized in writing by the City Manager. (15) Carts and trays for serving food are permitted in the outdoor seating/dining area but must comply with the provisions of Subsection 9(a) and (b). (16) The maximum number of outdoor seats shall not exceed eighty (80) percent of the number of indoor seating, except for restaurants with indoor seating of twenty-five (25) seats or less which may have outdoor seats not to exceed one hundred (100) percent of the number of indoor seats. (17) During the-operating hours 7:00 a.m. to closing all outdoor furniture must be securely placed as shown on the approved site plan or as may be ordered by the City Manager in writing. After closing operating hours, outdoor furniture must be neatly stacked to a maximum height of five (5) feet without blocking the sidewalk. A City approved cover may be required by the City Manager for Cehairs left outside when stacked must be covered with a City approved oover. (18) No person, property owner, lessee or restaurant shall allow provide or permit outdoor seating/dining without a permit. Each day that outdoor seating/dining or similar activity occurs without a permit or in violation of the site plan, shall constitute a separate incident of violation and shall result in a---fi¥e hundred dollar ($500.00) a day fine for each day of continued violation. The continuing operation of a sidewalk cafe or any outdoor restaurant seating/dining activity without a permit after the receipt of a violation notice from the City Manager may result in the revocation of the restaurant occupational license pursuant to Section 13-16 of the City Code. (19) Any violation of the regulations and standards set forth in this section shall constitute a separate incident of violation and shall result in a five hundred dollar ($500.00) a day fine for each day of continued violation. A subsequent violation of any of the regulations and standards set forth in this ordinance shall result in a fine for each day of such continued violation, or as set forth in the City'S schedule of fees, whichever is greater. The continuing operation of an activity governed by this ordinance without a permit after the receipt of a violation notice from the City Page 60f8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 .6 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ) 49 Manager may result inthe revocation of the occupational license of the person or entity responsible, pursuant to Section 13-16 of the City Code. (20) The City Manager or hislher designee may order all seats, tables, and planters to be removed in the event of a pending storm, hurricane, or other declared emergency. (20) The City shall issue 24-hour warning notices for all non-life safety violations of this ordinance which must be corrected with 24 hours of receipt of such notice. (21) Tables, chairs and other furniture on the sidevialk may be removed by the city, and a reasonable fee charged for labor, transportation, and storage shall be levied should the business fail to remove said items viithin thirty six (36) hours of receipt of the city's notice to do so for any reason under this section. In the event of a pending storm, hurricane or other declared emergency the City Manager may reduce the thirty six (36) hour time frame. (21) No warning notices shall be required prior to the issuance of a violation for failure to have a permit or for life safety violations and/or life safety. Sidewalk cafe site plan violations and such violations shall be corrected immediately. Life safety violations are defined as those conditions which, in the reasonable determination and judgment of the city manager, involve serious danger and/or risk to the public health, safety or welfare (including, without limitation, blocking pedestrian pathways and violations of the state accessibility code for building construction). Life safety outdoor seating /dining site plan violations are defined to include those instances where the permittee is operating outside of the permitted outdoor seating/dining use area (as approved pursuant to this code) such as where sidewalk cafe furniture is found outside the approved boundaries of the outdoor seating/dining use site plan; but shall not be deemed to include instances where a chair or chairs are temporarily moved outside the approved boundaries of site plan by a sidewalk cafe patron(s) unless it remains in such unauthorized location for more than 15 minutes. (22) If city personnel finds a violation of this ordinance after a 24 hour warning notice of such violation as been previously issued, then a notice of violation shall be issued to the violator. No such warning notice is required for the failure to have a valid permit or for -life safety violations of this section and for life safety outdoor seating/dining site plan violations, and a violation may be issued at any time. (23) The City Manager or his/her designee may order all furniture, including by not limited to, seats, tables, and planters to be removed in the event of a pending storm, hurricane, or other declared emergency. (24) Tables, chairs and other furniture on the sidewalk may be removed by the city, and a reasonable fee charged for labor, transportation, and storage as well as a fine which shall be initially set at $250 and which shall be levied against the person or entity who owns and/or controls such furniture should the responsible Page 7 of8 1 person or entitiy fail to remove said items within thirty-six (36) hours of receipt of 2 the city's notice to do so for any reason under this section. In the event of a 3 pending storm, hurricane or other declared emergency the City Manager may 4 reduce the thirty-six (36) hour time frame. The city manager shall promulgate 5 and review, as needed, regulations regarding the storage and disposition of 6 sidewalk cafe furniture under this section. 7 8 Section 2. Codification. The provisions of this ordinance shall become and be made part 9 of the Code of Ordinances of the City of South Miami as amended; that the sections of this 10 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word 11 "ordinance" may be changed to "section" or other appropriate word. 12 13 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 14 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 15 shall not affect the validity of the remaining portions of this ordinance. 16 17 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 18 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 19 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 20 that give the appearance of being in conflict when the two ordinances can be harmonized or 21 when only a portion of the ordinance in conflict needs to be repealed to harmonize the 22 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby 23 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 24 to harmonize the two ordinances shall be repealed. 25 26 PASSED AND ENACTED this __ day of ,2014. 27 28 ATTEST: APPROVED: 29 30 31 CITY CLERK MAYOR 32 1 st Reading 33 2nd Reading 34 35 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 36 LANGUAGE, LEGALITY AND Mayor Stoddard: 37 EXECUTION THEREOF Vice Mayor Harris: 38 Commissioner Liebman: 39 Commissioner Welsh: 40 41 42 43 44 45 46 47 48 49 Commissioner Edmond: CITY ATTORNEY Z:\TEMP I \Outdoor seating2_new proposed draft_ 2-2014.docx Page 8 of8 MIAMI HERALD I MiamiHerald.com HOW TO POST AN EVENT IN THE MIAMI HERALD Go to www.MiamiHerald.com/ events and follow the prompts. To get into print, you must limit the description field to 150 characters (counting spaces) or about two and a half lines in the description field. We do not use all the categories you see in the drop-down. Make sure you choose one of these main categories: community, fairs, festivals; music, performing arts, sports & outdoors, visual arts, then select a subcategory that appears just under the main category. auestions? call 305-376-3430 or email Sue Mullin at smullin@Mia- miHerald.com with "Calendar question" on the subject line. COMMUNITY A Touch of Art: Support Touching Miami with Love's work in Overtown at annual fundraiser. Family-friendly event includes silent auction,m professional art, art created live by local artists, "Be Your Own Artist" sessions and one-of-a kind pieces for "Art that Feeds" project plus art and performances by TML's children and youth. Includes an appetizer and dessert bar by area restaurants .. 3 p.m. May 4. Fairchild Tropical Botanic Garden, 10901 Old Cutler Rd" Coral Gables. Free. 305-416-0435. All Kids Included Family Arts Festiv- al: Arts and cultural programs for kids of all abilities and their families to fully participate in the arts. Interactive exhibits, entertainment, and arts activities for children, as well as great community resources for parents. Free event. 10 a.m. May 3. South Miami-Dade Cultural Arts Center, 10950 SW 2mh St .. Cutler Bay. free. 786-573-5316. All White Attire Yacht Party: Pro- ceeds benefit National Association of Blacks in Criminal Justice Miami Chapter Community Service Pro- gram. Hosted By: Jill Tracey of HOn05.1FM. Feature RonDAYvu Day Party Vibe, two DJs: Self Born & Scoobz. 5:30 p.m. May 3. Hyatt Regency Miami. 400 SE Second Ave., Down- town Miami. Herald not advised of price. 786-508-2995 William (VIP Service) or 786-970-0685 (Don). Art Deco Cocktail Tour: Through June, tour with guide famed Art Deco buildings in South Beach and sip on signature cocktails at fabulous hotel bars .. 5 p.m. May 1. Miami Beach, 12th Street and Ocean Drive, Miami Beach. $60 includes drinks & bar- tender tip. 305-218-9952. Artist Village Tour: This tour begins with a brief docent walk through the current art exhibit and is followed by a tour of the outlying buildings that make up the Artist Village. TI:30 a.m. May 3. Deering Estate, 16701 SW 72nd Ave .. Palmetto Bay. Free with Deering admission. 305-235-1668. Bass Babies: Weekly class for the museum's youngest visitors ages 2-4 and those who care for them. Toddlers and their caretakers discov- er creative and fun ways to interact NEIGHBORS CALENDAR with art through song, gallery activities and art making .• 10 a.m. April 29. Bass Museum of Art, 2100 Collins Ave., Miami Beach. $15; 10 members (dual/family or above). 305-673-7530. Best of California, Vintage Howell Mountain: Exclusive tasting of Robert Fowley 'OS, '06, '08; Ladera '04 '07-10; Dunn '98. Limited space and advance ticket purchase required. 9 p.m. May 2. Wine by the Bay, 888 Biscayne Blvd., Downtown Miami. $100. 305-455-9791. Carl Juste: A Retrospective: 3rd exhibit as part of 60th Anniversary Alumni Artist Series. Carl Juste presents a retrospective of his work documenting the course of his 25 year career as photOjournalist f. 8 a.m. April 28. ACND Gallery of Art, Archbishop Curley Notre Dame High School. Little Haiti. Free. • TURN TO CALENDAR, 3aSE CITY OF SOUTH MIAMI COURTESY NOTICE AND DATE CHANGE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Monday, Mav 5. 2014 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): Ordinance amending Section 20-3.3(E) of the City of South Miami Land Development Code concerning outdoor seating and dining requirements for all commercial properties, except for properties in the RO -Residential Office zoning district. Resolution related to a request pursuant to Section 20-3.4 of the City of South Miami Land Development Code for Special Use Approval to permit an Automobile Repair facility within the GR -General Retail zoning use district. A Resolution authorizing the City Manager to enter into a multi-year contract with West Publishing Company a subsidiary of Thomson Reuters to provide the Police Department with Investigative Database Support. All interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. SE SUNDAY, APRIL 27,2014 I 23SE All your SPECIALTY CAMPS in one place Basketball Camp Soccer Camp Volleyball Camp Dance Camp Art Camp AND MUCH, MUCH MORE ... Swimming. Bounce House· Video Arcade Field Trips· Color War· Ping Pong· Special Events Riviera Day School 6800 Nervia St., Coral Gahles. FL 3314(, Riviera Preparatory School 9775 SW B7 A,,·e .. Miami, FL 33176 305_666_1856 I www.rivieraschools_corn 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 M. ZALDIVAR, 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 -NOTICE OF PUBLIC HEARING AND DATE CHANGE -MAY 5, 2014 in the XXX X Court, was published in said newspaper in the issues of 04/25/2014 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, commission or refund for the purpose of securing this advertisement r publication in the said newspaper. '(SEAL) M. ZALDIVAR personally known to me ',THOMAS _ Notary Public • State of Ftotida . i My Comm. EMpires Noy 2. 2017 ~i Commission if FF 034147 ~,,, 80nded Tlu_ National HoIary AUII.