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Ord. No. 06-98-1654ORDINANCE NO.6-98-1654 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO LAND DEVELOPMENT REGULATIONS;PROVIDING FOR REGULATION OF GARAGE SALES;AMENDING SECTION 20-2.3OF THE SOUTH MIAMI LAND DEVELOPMENT CODE TO DEFINE "GARAGE SALE," CREATING SECTION 20-4.10 OF THE LAND DEVELOPMENT CODE TO BE ENTITLED "GARAGE SALE,"AMENDING SECTION 20-4-3, PARAGRAPHS (I)(l)AND (I)(2),PROVIDING SIGN REGULATIONS; PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE. WHEREAS,garagesalesintheCity of SouthMiamiareasource of frequentcitizen complaints;and, WHEREAS,Section 20-4.3(1)only regulatesgaragesalesigns by restricting size, locationandfrequency of usetoonesignperresidentialdwellingunitonlyinSingleFamily Residential and Townhouse Districts,forone weekend peryear,not to exceed two square feet inarea;and, WHEREAS,the Mayor andtheCity Commission findthatitisinthepublicinterest toenact regulations relating togaragesales. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.Section 20-3 of theSouth Miami Land Development Regulations is amended to define "Garage Sale"toreadasfollows: Garagesale.Shallmeanthesale of personal propertyfromaresidence ina RS-Single Family Residential Districtanda RT-Townhouse District.The sale of personalpropertynotinexcess of fiveitemsinnumber,providedthat theitemsarespecificallynamedoridentifiedanadvertisementpublishedina newspaper of generalcirculation,orthesale of personalpropertyispursuant toanorderorprocess of acourt,shallnotbeconstruedasa garage sale. Page 1 of 4 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Chairperson and Planning Board Date:March25.1998 From:Gregory J.Oravec /M/}//\^e:Garage Sales Ordinance Planner ITEM:PB-98-002 Applicant:Mayor andCity Commission Request:ANORDINANCEOFTHEMAYORANDCITYCOMMISSIONOFTHECITYOF SOUTH MIAMI.FLORIDA,RELATING TO LAND DEVELOPMENT REGULATIONS:PROVIDING FOR REGULATION OF GARAGE SALES: AMENDING SECTION 20-2.3 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE TO DEFINE "GARAGE SALE,"CREATING SECTION 20-4.10 OF THE LAND DEVELOPMENT CODE TO BE ENTITLED "GARAGE SALE."AMENDING SECTION 20-4.3.PARAGRAPHS (I)(l)AND (I)(2).PROVIDING SIGN REGULATIONS:PROVIDING FOR SEVERABILITY.ORDINANES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND &ANALYSIS: On February 17.1998.atthe prior request of the City Commission,theCity Attorney presented an ordinance forfirst reading,providing forthe regulation of garage sales.The City Commission requested amendments tothe subject ordinance andvoted5-0to initiate thepublic hearing process. OnFebruary20,1998,theCityAttorneytransmittedtherevisedgaragesales ordinance,which includedthe following changes perthe request of theCity Commission: •Allow two garage sales per year •Requirethe signatures of thetwo adjacent residents •Prohibit attaching signs totreesandutilitypoles •Eliminate a permit fee •Amendthesign ordinance toallowsignagefortwogaragesalesperyear RECOMMENDATION:Approval. Attachments: Inter-Office Memo of 02/20/98.which includes the revised garage sales ordinance City Commission Minutes of February 17,1998 a* CITY OP SOUTH MIAMI INTER-OFFICE MEMORANDUM CONFIDENTIAL AND PRIVILEGED EXEMPT FROM PUBLIC RECORDS LAW To:Mayor and City Commission Date:February 20,1998 DianaMorris,ActingCityManager From:Far!G.Gallop^^^-£Re:Revisions to garage sales ordinance This memorandum transmits the revised garage sales ordinance.As directed,the proposed ordinance was revised by: Allowtwogaragesales per year Require thesignatures of thetwoadjacentresidents Prohibitattachingsignstotreesandutilitypoles Hiiminate apermitfee Amend the sign ordinance toallow signage fortwo garage salesperyear. Ihe revisedordinancewillbe transmitted totheplanningboardforits review. Enclosure Cc:Ronctta Taylor,City Clerk Bill Mackcy,Director a 17.AN ORDINANCE OF THE MAJTOR AND CITY COMMISSION OP THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO LAND DEVELOPMENT REGULATIONS;PROVIDING FOR REGULATION OF GARAGE SALES;AMENDING SECTION 20-2.3 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE TO DEFINE ^GARAGE SALE," CREATING SECTION 20-4.10 OF THE LAND DEVELOPMENT CODE TO BE ENTITLED '•GARAGE SALE,*PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE. (Mayor Robaina)3/5 n ^^°Zed by Vice Mayor 01iveros'seconded by CommissionerIe1*?aPProve this item on first reading with second reading and public hearing scheduled after review by the Planning Board. Mayor Robaina related that he'd sponsored this item because fte d received numerous calls on the uncontrolled garage sales. Interim Manager Morris related that the city did not have Code Enforcement Officers working on weekends so enforcement could bea problem. Attorney Gallop explained,this ordinance is patterned after regulations used in Coral Gables.He recited the definition of garage sales.He further detailed what this ordinance would and would not permit.He pointed out that this ordinance also anticipates the payment of a fee.He further related that this ordinance limited the hours for a garage sale and provides for enforcement requiring the permit to be displayed or made available to the Code Enforcement officer upon request.He said this ordinance also allows for Code Enforcement officers to go onto private property to determine if the person in fact does have a permit. Mayor Robaina commented that he didv not want the citizens to be burden with having to pay a fee for having a garage sale.He concurred with having a permit,which would provide some type of accountability.^ Commissioner Russell asked if Attorney Gallop knew how much costtothe city a permit would be. Attorney Gallop explained,the cost is the cost to Code Enforcement.He said what he had in mind was a $25.00 fee. Commissioner Russell opined that twice a year is a more reasonable limitation.She suggested incorporating a "first time warning"for violators. REGULAR CITY COMMISSION OA MINUTES -February 17,1999 Z^ *S Attorney Gallop explained the way Code Enforcement works when a person is not in compliance or isin violation of an ordinance.The violation isgivena warning andareasonable period of time to correct the violation before a notice of violation is issued to them.He suggested having these recommendations passed ontothe Planning Board forevaluation and recommendation back tothe City Commission. ViceMayor Oliveros askedoncea resident request a permit is notification given tothe neighbors. Attorney Gallop replied *no". ViceMayor Oliveros said this isoneofthemain problems. Itisnotthe actual peopledoingthesaleinthe yard.It's the patrons parking onthe grass and yards ofthe surrounding neighbors.Hesuggestedaprovisionnotifyingthe immediate surrounding neighbors be incorporated into this ordinance.He said the neighbors have to be considered. MayorRobainasaiditthesurroundingneighborsaregoingto be notified a fee would have tobe charged because the city will incur expenses mailing outthenotices. Vice Mayor Oliveros said that he would rather have a fee imposedthantohavetwoneighborsfightingagainsteach other. Interim Manager Morrissaidnot only isan expense incurred from sending out notices but the area tobe covered hastobe defined.Sheopinedthatafeemightbeagoodideabecauseof in-house staff involved [code enforcement,and finance dept.] ViceMayorOliverossuggestedhavingtheapplicantcomein withthesignaturesfromhisimmediateneighbors [on both sides] approving of the garage sale. Mayor Robaina concurred with Vice Mayor Oliveros and Commissioner Russell's suggestions. Attorney Gallop commented,the suggestion istohavethe applicantacquirethesignatureoftheneighborsoneitherside ofthe applicant onthesame side ofthestreet.He asked ifthe Commission intended for the cityto have any obligation to verify eitherthesignatureofthepersonsigningthattheinfactis the property owner of the lawful tenant. Commissioner Feliu commented,why would the signature bein doubtunlessthereisa complaint byoneoftheneighbor's. REGULAR CITY COMMISSION 25 MINUTES -February 17,1998 3S Attorney Gallop said he wanted the Commission to understand what administration's responsibility is. Mayor Robaina further asked that a provision be added to prohibit the notification of garage sales being erected on tree barks. Attorney Gallop advised the Commission that he would amend this ordinance todeletethe reference to payment ofaprofit fee.Hesaidthathewouldaddlanguageallowingtwogarage salesper year.Hesaidthathewouldalsoprepare language- amending sign regulations in the Land Development Code.As well as add language that requires the application to contain the signatures ofthetwoadjacentresidencesconsentingtothe garagesale.Hesaidhe would also add language prohibiting the fastening of garage sale sign(s)to tree bark. Mayor Robaina further suggested adding telephone pollsto this provision. Interim Manager Morris asked what kind fine would be imposed for this violation.She reiterated there are no Code Enforcement officers working on Saturday. Mayor Robaina said that the city would have to resort to the police department for enforcement purposes. Attorney Gallop said there isa general feeforupto $500.00.He said theCode Enforcement Board had adopted afine schedule in which different violations or infractions are ranked. He advised the Commission that the revised draft ordinance would be provided to the Commission in their Friday packet. There being no further discussion,the motion with the amendments passed by a 5-0 vote. Vice Mayor Oliveros:Yea Commissioner Russell:Yea Commissioner Feliu:Yea Commissioner Bethel:Yea Mayor Robaina:Yea PUBLIC REMARKS Mr.Jack Block appeared before the City Commission to express his concern about the CRA process.He recommended to the Commission to make sure that the moneys from the CRA be based upon the assessment of the finished building [Shops at Sunset Place]andalltheresidents benefiting fromthis money withany REGULAR CITY COMMISSION 26 MINUTES -February 17,1998 sr EXCERPTED MINUTES REGULAR MEETING Planning Board Tuesday,March 31,1998 City Commissioners'Chambers 7:30 P.M. HI.Public Hearings A.ITEM:PB-98-002 Applicant:MayorandCity Commission Request:AN ORDINANCE OFTHEMAYORANDCITY COMMISSION OFTHECITYOF SOUTH MIAMI.FLORIDA,RELATING TO LAND DEVELOPMENT REGULATIONS;PROVIDING FOR REGULATION OF GARAGE SALES; AMENDING SECTION 20-2.3 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE TO DEFINE "GARAGE SALE,"CREATING SECTION 20-4.10 OF THE LAND DEVELOPMENT CODE TO BE ENTITLED "GARAGE SALE,"AMENDING SECTION 20-4.3,PARAGRAPHS (I)(l)AND (I)(2),PROVIDING SIGN REGULATIONS;PROVIDING FOR SEVERABILITY,ORDINANES IN CONFLICT, AND AN EFFECTIVE DATE. 1.Ms.Chimelis readthe request intotherecord. 2.Staff presented the item to the Board. a.Staff readfrom their memorandum.GarageSalesOrdinance,dated March 25,1998,and reviewed thefive changes requested bythe City Commission. b.Staff statedthatthey recommended approval of theordinance,inclusive of thefivechangesto the ordinance,as listed in the memorandum. 3.Prior tothe public hearing,the Board and staff discussed the proposed ordinance. a.During discussion,the Board and staff confirmed that garage sales heldin South Miami would involve more than five items;that only one family would be involved in such sales;and that garage sales maybeheldfortwo times onlyfornomorethan one weekend,including Friday,per calendar year. 4.Public hearing was opened. Excerpted PBMin 03-31-98 IS a.Ms.Olga Ucha,of 6875 SW 69Terrace,signedinand spoke before theBoard.Ms.Ucha spoke of the enforcement issues involved if the ordinance weretobe violated,andtheBoardand staffnotedthatthe City's Code Enforcement Divisionwouldultimately handle alleged violations. 5.Public hearing was closed. 6.The Board continued with its consideration of the item. a.Ms.Thorner opined thatahardship may becreated if signage advertising garagesalescanbe erectedonthe subject property only;sheaddedthat,dueto extensive regulations contained inthe ordinance,enforcement by the City may be time consuming,requiring more Code Enforcement Officers than are currently available on staff. b.Mr.Pages,too,noted that enforcement of theordinance may be difficult,andhe characterized the requirement to have certain neighbors'signatures "troubling". c.Mr.Basurelatedconcernshehadwiththeordinanceasproposed,includingtherequirementto obtainsignaturesandtheprohibition of twoorfamiliesbeing involved inonegaragesale. d.Mr.Lefleycommentedonthe importance of ensuring citizens'anonymity,if theyshould choosetohavetheirnameswithheldwhenmakingcomplaintsaboutallegedviolations of this ordinance. 7.Motion:Mr.Pages moved approval of the ordinance as presented,exceptfor(1)the language containedonpage2,line26;and(2)thelanguagecontainedonpage2,lines33,34,and35.Mr. Basu seconded the motion. 8.Vote:Approved:3 (Mr.Pages) (Mr.Lefley) (Mr.Basu) ExcerptedPBMin 03-31-98 Disapproved:3 (Mr.Morton) (Ms.Thorner) (Ms.Chimelis) 3S- 1IAMIDAILYBUSINESSREVIEW PublishedDailyexceptSaturday,Sundayand LegalHolidays Miami,DadeCounty,Florida. ATEOFFLORIDA 5UNTYOFDADE: Beforetheundersignedauthoritypersonallyappeared OkieWilliams,whoonoathsaysthatsheistheVice »sldentofLegalAdvertisingoftheMiamiDallyBusiness /lewf/WaMiamiReview,adaily(exceptSaturday,Sunday iLegalHolidays)newspaper,publishedatMiamiInDade unty,Florida;thattheattachedcopyofadvertisement, ngaLegalAdvertisementofNoticeInthematterof :ITYOFSOUTHMIAMI PUBLICHEARINGS-4/21/98 )RDINANCEAMENDINGSECTION 10-2.3,ETC. hexxxxx 1PolishedInsoldriewspaperIntheissuesof Court, AffiantfurthersaysthatthesaidMiamiDallyBusiness lewIsanewspaperpublishedatMiamiInsaidDade mty,Florida,andthatthesaidnewspaperhasheretofore ncontinuouslypublishedinsaidDadeCounty,Florida, lday(exceptSaturday,SundayandLegalHolidays)and beenenteredassecondclassmallmatteratthepost :eInMiamiInsaidDadeCounty,Florida,foraperiodof yearnextprecedingthefirstpublicationoftheattached yofadjjartllS&ment;andaffiantfurthersaysthatshehas herpildnorpromlsedanyperson,firmorcorporation discount,rebate,commissionorrefundforthopurpose ecurlngthj*advertisementforpublicationinthesaid leWilliamsper OFf\P OFFICIALNOTAFVSEAL «£,JANETTLLERENA i<f©mecowMisaoNnumber >&fig^j<CC566004 £\^<j?MYCOMMISSIONEXPIRES JUNE23,2000 _-."'<V CITYOFSOUTHMIAMI NOTICEOFPUBLICHEARINGS NOTICEISHEREBYgiventhattheCityCommissionoftheCityof SouthMiami,FloridawillconductPublicHearingsduringitsregular CityCommissionmeetingonTuesday,April21,1998.beginningat 7:30p.m.,intheCityCommissionChambers,6130SunsetDrive,to considerthefollowingdescribedordinances: ANORDINANCEOFTHEMAYORANDCITYCOMMISSIoTT OFTHECITYOFSOUTHMIAMI,FLORIDA.RELATINGTO LANDDEVELOPMENTREGULATIONS;PROVIDINGFOR REGULATIONOFGARAGESALES;AMENDINGSECTION 20-2.3OFTHESOUTHMIAMILANDDEVELOPMENT CODETODEFINE"GARAGESALE,"CREATINGSECTION 20-4.10OFTHELANDDEVELOPMENTCODETOBE ENTITLED"GARAGESALE..'AMENDINGSECTION20.4-3. PARAGRAPHS(1)(1)AND(1)(2),PROVIDINGSIGN REGULATIONS; ANORDINANCEOFTHEMAYORANDCITYCOMMISSION OFTHECITYOFSOUTHMIAMI.FLORIDA,RELATINGTO SECTION20-4-5"LANDSCAPINGREQUIREMENTS"OF thecrrrsadoptedlanddevelopmentcodeby AMENDINGSAIDSECTION20-4.5TOBECONSISTENT WITHTHEAMENDEDLANDSCAPINGREQUIREMENTS OFMIAMI-DADECOUNTY'SCODEOFORDINANCES.AND ASAMENDEDBYCOUNTYORDINANCENO.98-12, ADOPTEDJANUARY13,1998; SaidordinancecanbeinspectedintheCityClerk'sOffice,Monday- Fridayduringregularofficehours. InquiriesconcerningthisitemshouldbedirectedtothePlanning& ZoningDepartmentat:663-6327. ALLinterestedpartiesareinvitedtoattendandwillbeheard. RonettaTaylor,CMC CityClerk CityofSouthMiami PursuanttoFloridaStatutes286.0105,theCityherebyadvisesthe publicthatifapersondecidestoappealanydecisionmadebythis Board.AgencyorCommissionwithrespecttoanymatterconsidered atitsmeetingorhearing,heorshewillneedarecordoftheproceed ings,andthatforsuchpurpose,affectedpersonmayneedtoensure thataverbatimrecordoftheproceedingsismadewhichrecordin cludesthetestimonyandevidenceuponwhichtheappealistobe based. 4/1098-3-0410101M TS