Ord No 04-16-2237ORDINANCE NO.04-16-2237
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 isa
violation of any applicable statute,ordinance,rule or regulation.
WHEREAS,there isno clear sanction to secure enforcement for violation
Section 13-28;and
WHEREAS,itisintheCity of South Miami's best interest to have a means to
enforce Section 13-28;and
WHEREAS,theCity desires to amend Chapter 13-28 of the Code of Ordinances
toprovideauthoritytotheCityManagertorepealabusinesstaxreceiptwhentheCity
Manager determines there isa violation of any applicable statute,ordinance,ruleor
regulation.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Chapter 13 titled "Licenses",Article 28,titled "Notice of
violation;right to appeal;order to cease and desist business"of the Code of Ordinances,
City of South Miami,Florida,is hereby amended andshall read as follows:
Sec.13-28.-Notice of violation;right toappeal;order to cease and desist business.
Whenever the city manager determines that there isa violation of any provision of
this chapter or any other applicable state statute,ordinance,rule or regulation,the city
manager,orthe manager's designee,shallgive notice of such violation tothe person or
persons whoare responsible for either obtaining the required business tax receipt and/or
the required business tax receipt renewal.Such notice of violation shall:
(1)Bein accordance with the provisions setforthin Chapter 162 of Florida
Statutes;
(2)Inform the person to whom itisdirected of hisorher right to apply foran
appeal hearing before the city commission;and
(3)Instruct the responsible person(s)identified inthe violation to immediately
ceaseand desist all business,occupational,or professional activities onthe
premises.
If suchviolationisnotcorrectedwithin 15 daysafterreceipt of thenotice of violation,
theCity Manager mayvacatethebusinesstaxreceipt.Priortotakingsuchaction,the
CityManagerordesigneeshallprovidetheholder of thebusinesstaxreceiptthe
opportunity to present evidence asto why such action should not be taken.If the City
Pg.2 of Ord.No.04-16-2237
Manager determines duetothe imminent threat of harm tothe public health,safety or
welfare,that emergency corrective action must be immediately taken,a shorter period for
corrective action may be directed (less than 15 days),and/or the opportunity to present
evidencemayfollowthe vacation of thebusinesstaxreceipt.TheCity Manager shall
prepareawrittenorderofhisactionsstatingthefactsuponwhichherelies.Theviolator
mayappealthevacation ef ordervacatingthebusinesstaxreceipttotheCity
Commission.
Section 2.Codification.The provisions of this ordinance shallbecomeand
bemadepart of theCode of Ordinances of theCity of SouthMiamiasamended.
Section 3.Severability.If any section,clause,sentence,or phrase of this
ordinance isforany reason heldinvalidor unconstitutional bya court of competent
jurisdiction,this holding shallnotaffectthevalidity of the remaining portions of this
ordinance or the Guidelines adopted hereunder.
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.
Section 5.
enactment.
Effective Date.This ordinance shall become effective upon
PASSED AND ENACTED this 19^day of January.2016.
ATTEST:APPROVED:
lsl Reading -1/5/16
<*nd2M Reading -1/19/16
READ AND
LANGU.
E
OjVED AS TO FORM:COMMISSION VOTE:5-0
Mayor Stoddard:Yea
Vice Mayor Harris:Yea
Commissioner Liebman:Yea
Commissioner Edmond:Yea
Commissioner Welsh:Yea
^Soutlf Miami
4 J"^E CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
D>
Us
To:
From:
Date:
Subject:
Background:
The Honorable Mayor&Membersof the City Commission
Steven Alexander,City Manager
December 15,2015 Agenda ItemNo.:
An Ordinance amending Section 13-28 of the CityofSouthMiami's
CodeofOrdinancesto provide authority tothe City Managerto
repeal a business tax receipt when the City Manager determines
there isaviolationofany applicable statute,ordinance,ruleor
regulation.
Attachments:
Chapter 13,titled "Licenses"Article 28 titled"Noticeof violation,
rightto 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 the 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 toprovideauthorityto the City Manager to repeal a
business taxreceiptwhentheCityManagerdetermines there isa
violationofany applicable statute,ordinance,ruleor regulation.
Code of Ordinance,Chapter 13,Article 28.
Sec.13-28 -Notice of violation;right toappeal;order toceaseand desist business.
Whenever the city manager determines that there isa violation of any provision of this chapter or any
other applicable rule or regulation,the city manager shall give notice of such violation to the person or persons
whoare responsible foreitherobtainingtherequired business taxreceipt and/or the required businesstax
receiptrenewal.Suchnotice of violation shall:
(1)*;
Bfcfy accordance with the provisions set forth in Chapter 162 of Florida Statutes;
(2)''•
Inform the person to whom itis directed ofhisorher right to apply foran appeal hearing beforethecity
commission;and
(3)
Instruct jthe responsibleperson(s)identifiedintheviolationto inimediately ceaseanddesistall
business,occupational,or professional activities onthe premises.
(Old.No.2054,§1,9-21-10)
'%^
CO
SUNDAY JANUARY 102016
MUMlrtERALD.COM
THREEKINGSDAY CELEBRATED
NEIGHBORS I 35SE
(•KOTOS BYROBERTO KOLTUN ikolUm@elrmetohenld.com
Executives from theLittle Havana Kiwanis helpedtheThreeWiseMen deliver morethan
400 toysinLittleHavanatochildrenoflow-incomefamiliesinthree centers around
Miami-DadeCounty on Wednesday.Atright,Adonis Valdezreceives his giftand meets the
ThreeWiseMenduringtheevent.Three Kings'Dayisa Christian feastdaythat celebrates
the visitoftheMagito the Christchildafterhisbirthin Bethlehem.
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICEISHEREBY given thattheCity Commission ofthe City ofSouth Miami,Florida will conduct Public Hearing®atitsregular Qty Commission meeting scheduled
for Tuesday.January 19,2016,beginning at7:00p.m.,intbeCity Commission Chambers,6130 Sunset Drive,to consider the following itera(s):
A Resolution authorizing the Qty Manager to purchase andfinance for5 years NICE Recording System from Word Systems,Inc.
A Resolution approving special exceptions waiving strict compliance with thefrontage andsetback provisions ofthe Hometown District Overlay Ordinance fora proposed outbuilding
located at 5800 Sunset Drive.
A Resolution forspecialuse approval to permitan animal hospital/veterinarian at6396S.Dixie Highway.
An Ordinance amending Article IV,*'Olher Regulations.''Section 20-4.4,"Off-street parking requirements,"Subsection (B),uSpace Requirements"to create new subsection (BXJ7),
toestablisha Tevised parkingrequirementfor affordable orworkforcehousingprojects.
An Ordinance amending Chapter 5,Article1,ofrueCityofSouth Miami*Code ofOrdinances by adding Section 5-7,"Retail SaleofCatsand Dogs".
/An Ordinance amending Section 13-28 of the Qty of South Miami's Code of Ordinances to provide authority to the City Manager to repeal abusiness tax receipt when the City Manager)
I determines thereisa violation ofany applicable statute,ordinance,rule or regulation.'
.An Ordinance amending the City of South Miami Land Development Code,Article 11,''Definitions;'Section 20-2.3,"DefinitionC to add definitions for"Variety Retail"and
"Retail Outlet -Off-Price Retail,"andArticle VH,"Hometown District Overlay Ordinance,"Section 20-7.12,Permitted Uses;*to provide thatsuchuses shall not be pennitted inthe
HometownDistrictOverlay.
An Ordinance ameuding fee QtyofSouth Miami Land Development Code,Article VL 'Administration and Enforcement"Section 20-6.1,'Admmismmve entities,"Bnd other applicable
provisions,to define theterm "less restrictive"tomore accurately determine what voting requirements apply toCityCommission actions toamend land development regulations.
ALLinterestedpartiesareinvitedtoattendand wilI bebeard.
Forfurther information,pleasecontacttheQty Clerk*Officeat:305-663-6340.
Mark M.Menendez,CMC
CityClerk
Pursuant toFlorida Statutes 286.0105,tbe City hereby advises the public that jF aperson decides toappeal any decision made bythis Board.Agency orCommission with respect tocoymatter considered atU$meeting orhearing,heorshe
will need arecord ofthe proceedings,end that for such purpose,aiTcctod poison may need toensure that ovcrb&rhu record oftbe proceedings ismade which record includes flte ustituosy aud evidence upon which (be appeal istobe based.
MIAMI DAILY BUSINESS REVIEW
Published Dairy except Saturday,Sundayand
Legal Hofiriays
Miami,Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF MlAMKDADE:
Before the undersigned authority personally appeared
MARIA MESA,who on oathsaysthatheorsheis 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,
hemgaLegalAdvertiserr^tofNc^ceinthematterof
WtlCE OFWBUC HEABWG
crnrop south miami .m.i9,2aie
in the XXXX Court.
was publishedinsaidnewspaperinthe issues of
01/08/2016
Affiant further saysthat the said Miami Daily Business
Review isa newspaper published at Miami,in said
Miami-Dade County,Florida and that the said newspaper has
heretofore been continuouslypublishedinsaid Miami-Dade
County,Florida each day (except Saturday,Sunday and
Legal Hottdays)andhas been entered as second class mafl
matter atthepost office in Miami in said Miami-Dade County,
Florida,lora period ofone year next preceding the first
publication ofthe attached copy of advertisement;and affiant
further says thatheorshe has neither paid nor promised any
person,firm or corporation any discount,rebate,commission
orrefundfor the purpose of securing this advertisement for
publication in the saidr
U^A.D.20ie ft *
(SEAL)
MARIAMESA personally knownto me
0^RHONDA MPELTIER
*•:MV COMMISSION*FF231407
EXPIRES May 17 7019
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