13To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
December 15, 2015 Agenda Item No.: 13 Steven Alexander, City Manager
An Ordinance amending Section 13-28 of the City of South Miami's
Code of Ordinances to provide authority to the City Manager to
repeal a business tax receipt when the City Manager determines
there is a violation of any applicable statute, ordinance, rule or
regulation.
Chapter 13, titled "Licenses" Article 28 titled "Notice of violation,
right to appeal; order to cease and desist business" of the Code of
Ordinances currently does not have a clear sanction to secure
enforcement for violation. Furthermore, it is in fhe City of South
Miami's best interest to have a means to enforce Section 13-28.
Therefore the City desires to amend Section 13-28 of the Code of
Ordinances to provide authority to the City Manager to repeal a
business tax receipt when the City Manager determines there is a
violation of any applicable statute, ordinance, rule or regulation.
Code of Ordinance, Chapter 13, Article 28.
Sec. 13·28· Notice of violation; right to appeal; order to cease and desist business.
Whenever the city manager determines that there is a violation of any provision ofthis chapter Or any
other applicable rule or regulation, the city manager shall give notice of such violation to the person Or persons
who are responsible for either obtaiillng the required business tax receipt and/or the required business tax
receipt renewal. Such notice of violation shall:
q;.. 'f
(I) _t Hf~ accordance with the provisions set forth in Chapter 162 of Florida Statutes;
(2)
(3)
~ . . .
Inform the person to whom it is directed of his or her right to apply for an appeal hearing before the city
commission; and
Instruct the responsible person(s) identified in the violation to intmediately cease and desist all
business, occupational, or professional activities on the premises.
(Ord. No. 2054, § 1, 9·21·10)
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ORDINANCE NO. ______ _
An Ordinance amending Section 13-28 of the City of South Miami's
Code of Ordinances to provide authority to the City Manager to repeal a
business tax receipt when the City Manager determines there is a
violation of any applicable statute, ordinance, rule or regulation.
9 WHEREAS, there IS no clear sanction to secure enforcement for, violation
10 Section 13-28; and
11
12 WHEREAS, it is in the City of South Miami's best interest to have a means to
13 enforce Section 13-28; and
14
15 WHEREAS, the City desires to amend Chapter 13-28 of the Code of Ordinances
16 to provide authority to the City Manager to repeal a business tax receipt when the City
17 Manager determines there is a violation of any applicable statute, ordinance, rule or
18 regulation.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
22
23 Section 1. Chapter 13 titled "Licenses", Article 28, titled "Notice of
24 violation; right to appeal; order to cease and desist business" of the Code of Ordinances,
25 City of South Miami, Florida, is hereby amended and shall read as follows:
26 Sec. 13-28. -Notice of violation; right to appeal; order to cease and desist business.
27 Whenever the city manager determines that there is a violation of any provision of
28 this chapter or any other applicable state statute, ordinance, rule or regulation, the city
29 manager, or the manager's designee, shall give notice of such violation to the person or
30 persons who are responsible for either obtaining the required business tax receipt and/or
31 the required business tax receipt renewal. Such notice of violation shall: .
32 (1) Be in accordance with the provisions set forth in Chapter 162 of Florida
33 Statutes;
34 (2) Inform the person to whom it is directed of his or her right to apply for an
35 appeal hearing before the city commission; and
36 (3) Instruct the responsible person(s) identified in the violation to immediately
37 cease and desist all business, occupational, or professional activities on the
38 premises.
39
40 If such violation is not corrected within 15 days after receipt of the notice of violation,
41 the City Manager may vacate the business tax receipt. Prior to taking such action, the City
42 Manager or designee shall provide the holder of the business tax receipt the opportunity to
43 present evidence as to why such action should not be taken. If the City Manager determines due
44 to the imminent threat of harm to the public health, safety or welfare. that emergency corrective
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8 Section 2. Codification. The provisions of this ordinance shall become and
9 be made part of the Code of Ordinances of the City of South Miami as amended.
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11 Section 3. Severability. If any section, clause, sentence, or phrase of this
12 ordinance is for any reason held invalid or unconstitutional by a court of competent
13 jurisdiction, this holding shall not affect the validity of the remaining portions of this
14 ordinance or the Guidelines adopted hereunder.
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16 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
17 all sections and parts of sections of ordinances in direct conflict herewith are hereby
18 repealed.
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20 Section 5. Effective Date. This ordinance shall become effective upon
21 enactment.
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PASSED AND ENACTED this __ day of _____ , 2016.
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ATTEST:
CITY CLERK
1 st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 2 of2
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Welsh:
SUNDAY JANUARY 10 2016
MIAMIHERALD.COM
THREE KINGS DAY CELEBRATED
NEIGHBORS j35SE
"
PHOTOS av RODER10 KOLTON rl<oltUll@.louo""her,ld.ccm
Executives from the little Havana Kiwanis helped the Three Wise Men deliver more than
400 toys in little Havana to children of low-income families in three centers around
Miami-Dade County on Wednesday. At tight, Adonis Valdez receives his gift and meets the
Three Wise Men during the event. Three Kings' Oay is a Christian feast day that celebrates
the visit of the Magi to the Christ child after his birth in Bethlehem.
CITY OF S!H MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hcaring(s) at its reglliar City COlTImission meeting scheduled
for Tuesday, January 19, 2016, bt.'ginning lit 7:00p.m., in the City Commission Cbambers, 6130 Sunset Drive, to consider the following item(s):
A Resolution authorizing the City Manager to purchase and finance for 5 years NICE Recording System from Word Systems,lnc.
A Resoilltion approving special exceptions waiving strict complinnce with the fromage and setback provisions of the Hometown District Overlay Ordinance for a proposed outbuilding
located at 5800 Sunset Drive.
A ResoJutlon for specia'l u.~e llJlprovnl to pemlit an animal hospitaVveterinarian at 6396 S. Dixie Highway.
An Ordinance amending Article l\~ "Olher Regulations." Section 20-4.4, "Off~streel parking requirements," Subsection (B), "Space Requirements," to creale new subsection (8)(17),
to establish a revised parking requirement for affordable or workforce housing projects.
An Ordinance antending Chapter 5, Article 1, offhe City-of South Miami's Code of Ordinances by adding Section 5-7, "Retail Sale of Cats and Dogs".
(An Ordinance amending Section 13-28 of the City of So nth Miami's Code ofOrdinallccs to provide iluthoIity to the City Manager to repeal a business tax receipt when the City Manag:e~
determines there is a violation of any applicable statllte, ordinance, rule or regulation. .
An Ordinance amending the City of Soutll Miami Land Development Code, Article II, "Definitions," Sc(..1ion 20-2.3, "Definitions," to add definitions for "Variety Retail" llnd
"Retail Outlet ~ Off~Price Retail," and Article Vll, "Hometown District Overlay Ordinance," Section 20-7.12, Permitted Uses," to provide that such llSe$ shal! not be permitted in the
Hometown District Overlay.
An Ordinance amending the City of South Miami Land DevelopmentCode,Altieie Vl. '~dministration and Enfurcement" Section 20-6.1, "Administrative entities." and other applicable
provisions. to define the term "less restrictive" to more accurately determine what voting requirements apply to City Commission actions to amend land development regulations.
ALL interested parties are invited to attend and will be heard.
for further information, please contact the Oty Clerk's OffIee at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to floridn Stltlltes 286.0105, the Ciry hereby advises the public thntif a person decides to appeol ony decision m~de by this Bool'd.Ag.eney or Commission with respcctto Dlly moltcr ton~ideled alils meeting mhcarinll. hco; she wm need a record of the proccedillg.s, find th~t fur such purpo&c, affected person mny need \0 ~suro that n verbu/un rC('ard oftb~ procoodillgs is made wWch record iI/eludes the t.:stilllony and cvide!\tc upon Winch the appeal is 10 b~ bused.
MIAMI DAILY BUSINESS REVIEW
Published Da ily except Saturday , Sunday and
Legal Holidays
Miami , Miami-Dade Counly , Florid a
STATE OF FLORIDA
COUNTY OF MIAMI-DADE :
Before th e undersigned authority per sona lly appeared
MARIA MESA, who on oath says thai he or she is the LEGAL
CLER K. legal Not ices of the Miami Daily Busine~s Review
f/kJa Miami Review , a daily (excep t Saturday , Sunday and
legal Holidays) newspaper, published al Miam i in Miam i -Dade
Co unty , Florida ; that the attached copy of advertisement ,
being a legal Adverti sement of Notice in the matter of
NOTI CE OF PUBLIC HEARIN G
C ITY OF SOU TH MIAMI· JAN . 19,2016
in the XXXX Court,
was published in sa id newspaper in the issues of
01/08/20 16
Affian t further says th ai the sa id Miam i Da ily Bus iness
Review is a newspaper published at Miami, in said
Miami-Dade County , Florida and that the said newspaper has
h'eretofore been cont inuously published in sa id Miami -Dade
Cou nty , Florida each day (exce pt Saturday , Sund<!y and
Legal Holidays) and has been entered as second class ma il
malter at the pos t office in Miami in said Miami-Dade County ,
Florida , for a period of one year next pre ceding the fi rst
publicat ion of th e atta ched copy of advertisement ; and affiant
further says that he or s~e has neither paid nor promised any
person , firm or cOfpo ration any discount , rebate , commiss ion
or refund for the purpose of securing this advertisement for
pub li cation in the said news
Sworn t sc ribed before me this
~;f!£l;::/'kL
(SEAL)
MARIA MESA personally known to me
RHONDA M PELTIER
MY COMMISSION. FF231407
EXP IRES MAy 17 2019
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CITY OF SOUT" MIAMI
NOTICE OF PI,J8L1C '"!EARINO Y "
, ,
,J
NonCE IS HEREBY given'that the City Com~iSSion of the City of South
Miami, Florida will condu ct Public Hearing(s) at its regular City C·ommission
meeting 'screduled forJuesday, January 19, 2016, beglnn iry g"at 7:00 P:fTI.,
in the City ~mmission CharTjbers, 6130Sunset Drive, to consider the fol-I lowing iterT!(s): ,'" , ~ .~ . 'r'~ .... Z-
" " . ,
A Resoi ut ion authoriz ing the City Mana.!¥.Ir to p'urchase and finance for
. 5 years NICE Recording System from Word Systems,'lnc. . ' '., . '~
~ A Resolutio~. ap.ProVlng ~pe.ci al exca.p'~ons . walving striqt, cpmpllan~e ,
with t~e frontage ~f\d ' setback. proVls'f~ns of· the H0"tet9~n Dlslnct
. Overlay .0rdinance l fo t a proposed -outb.uildi[lg located at 5809 Sursat
Drive . C ,
~ A . ResOlution · fo r S~[al usa approval ' to", permit an animal
'hospitaV'{eterjnarian "al6396 S. D~ie H ighw~y, ,
, .':. " ,.:0",
, An Ordinance amendlng ,Article IV, ·Oth.Eif,Regulatlons,·~sectlOn ,20·4,4,
~. ·Off-street parking requirements,· Subsection -(B), ·Spac"e ~Aequife
ment~,' to create new subsection (BXl7); to esiab!!sh a re Vised.p:8r1<ing '
fEXIuirement fo r affordab le or .workforce hOiJslng projects . '. . .
-v) , ", . "'1' ~ ~.)k-'
An Ordinance amElnding ~Chapter 5, Article 1, of the City of South Miami 's
-) C9de .. ol Ordinans:es b~,adding Sectl~n 5:!, 'Retail Sale o"~ts an~ Dogs:',
~ "-~'., ,! -" • ~. . :!; ,-.
(
An Ordi nah~e :'amenaing 'Seetidn 13-28 of the City of South Mlam J'O
. Code Qf Ordlltinces to prov l de~authoriiy to the City' Mah~ger to repea l
a business tax_ rece ipLwhen ~he Clty 'M¥lager'determines there is
violatlQn of,a{wapplicable statute, ordinance, ,rul.e or reguLation. £di
, , \ ~. -.•• \ ,.,' ...,. t -:;", ,
. An Ordinance :amencjing the C~ of .South Miami Land~DevelOR.lJleot
-\. God9, Artjcle II ?Definitions,·',Secti.on 20-2,3; 'Dijfif,'itioI)S;".,to adq -def-inltlons ~for -tvar1ety R'etail ~' ana "Retail Outlet ~ Off~Price Reta~~.·an~
f Article VII I "Hometown District Overlay Ordina~e,."-Section 20-7.12,
Permitted l.!s~,· t~ provi,de ,thal suet) uses s"al1 not ,be l Pe-f!llll)e.? ,in.
the Hornet?wn'<bistTlc~~erlay,.~ ~ .. , "-,
~ , " '~,
An Ordinance amending the City of South ~i8JJli land ; DevelQProent .
Code r ·ArticlesVI, "Administralio"n and Enforcement,·-Section 20~6.1,
• Adroin istrj)llv e~ entilies," and other applicable provlslons.~to define the
tenn~ :less res~rictiv e·., to more ~acc~~a~e~ deteTline WJiat ,vpti(i.:.Q re-;
quiref!1ents'apply·to City CQmm'~lon ·ayllO nS 19 amend lant1 de veI9P-.
ment regulations : _ _ _ -'< "':'} h, ,,~ '~i
ALL.-i~ft~rested parties are invited ,to a~~ and 'wru be he-~d. :'f,~ Vi',. .. ' ..... ~ , '~. . . .. " .
For rurther infomlatiQn, please contact tM.City Clerk'S~OrICe ai:'305-663~,
, . ',-':~' -.:-,.~" . .I:;' _:;;~", .~,p . :J~" ~~.Y·.
. '; ~ Mari a M .Menendez.'C~C: ,'j.('<;'J.
, ' ," City,Cle<I( -' ~
pu~u~nl to Florida Statutes 286,0105, the City he~et5). advises .the ~publ ic
that if a person decides to appeal any Clec islon made'by this Board, AQeocy
or 'Co(l1mlsslolJ With 'resp~t to any matter conside[e9 al1.it"~'fl1eetiiJlt9~·
heanng ;' he or she "will n~ a record . of the'proceedings, and that fO( such
purp ose, 'affecte(f person may need to ensure that a verbatim'recor,d of the
'proceedirigs Is 'made .which recolJj ~inclu des the, testimony :,.~nd .eyi~~~ce.
'upon which the appeal is to be based, ,--_ ~ ; ,
1/8 ' 16-94/0000067488M