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Ord No 40-19-235340-19-2353 ORDINANCE NO. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section 20-4.10 to authorize the City Commission to waive, from time to time, the permitting requirements to hold a garage sale in the RS-Single Family Residential Districts and the RT-Townhouse Districts. WHEREAS, the City of South Miami is committed to reducing pollution and greenhouse gas production; and WHEREAS, the best way to reduce pollution and greenhouse gas production is to re -use existing goods and materials; and WHEREAS, garage sales provide a means for cost-efficient reuse of manufactured goods thereby reducing pollution, reducing of the amount of refuse going to landfills, saving tax money, providing goods to residents at an excellent price, and providing sellers with some pocket money and a convenient way to reduce clutter; and WHEREAS, the City regulates garage sales, requiring permits, paperwork, and fees; and WHEREAS, the City Commission wishes to waive these fees and bureaucratic inconveniences for one day of the year to promote an efficient city-wide exchange of used goods in order to provide all of the benefits listed above. WHEREAS, this ordinance will have been heard by the Planning Board before the second reading. WHEREAS, the Planning Board has reviewed this proposed ordinance at the Planning Board meeting held on Monday, November 18, 2019 and the proposal was denied by a vote of 2 yeas and 2 nays. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. Chapter 20, Article IV, Section 20-4.10 of the City of South Miami's Land Development Code is hereby amended and shall read as follows: 20-4.10 - Garage sale. (A) Applicability. Garage sales shall be permitted in a RS-Single Family Residential District and a RT-Townhouse District subject to the following conditions and restrictions: Page 1 of 3 Ordinance No. 40-19-2353 (1) No garage sale shall be conducted until and unless a permit shall have been obtained from the Finance Department of the City of South Miami. Only the owner or lessee of the property upon which the garage sale is being conducted may obtain such permit. (2) Application. issued,Before sueh peFmit shall be Tthe applicant shall file with the Finanee Parks and Recreation Department an application containing the following information: (a) Street address or legal description where such sale is to be conducted. (b) Proof of ownership or lease of property. (c) Dates of sale. (d) Hours of sale. (e) Notification of residents of properties on both sides of applicant. (3) Upon verification and compliance with the provisions of this section, the Finance Department shall issue a permit the same day which shall designate the location of the sale and the days upon which the sale shall be conducted. (4) Only one sign complying Section 20-4.3(I) of the Land Development Code (not exceeding two square feet in size) may be displayed on the property where such sale is being conducted. The sign shall not be erected or placed closer than five feet to the front or side property line. The sign shall not be affixed to a tree or utility pole. (5) A garage sale shall be held only between the hours of 9:00 a.m. to 5:00 p.m. Personal property shall be exhibited or displayed only within established setbacks. A sale may be held two times only, no more than for one weekend including Friday, per each calendar year. (6) The City Commission by written resolution may, from time to time, waive all of the permitting requirements City-wide on a specific day one time a year, other than the application requirement of paragraph (2) of this Subsection (A), for all RS-Single Family Residential Districts and a RT-Townhouse Districts (B) Enforcement. The garage sale permit, or the application required by paragraph (6) of Subsection (A), shall be prominently displayed from the front of the building from which such sale is conducted. Upon the request of any Code Enforcement Officer of the City of South Miami, the owner or lessee of the property shall exhibit such permit or, in the case of a City Commission Resolution waiving a permit, the application. Q_By filing an making application for a garage sale wit, peFmit and conducting a sale, the owner or lessee of the property who filed the application to whem the peRnit is gFanted, authorizes any Code Enforcement Officer of the City of South Miami to enter upon the property for the purpose of determining that the sale is being conducted in accordance with the provisions of this Ssection. Section 3. Correction. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final product for signature. Page 2 of 3 Ordinance No. 40-19-2353 Section 4. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended. Section 5. 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 6. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this3rd day of December , 2019. ATTEST: I" Reading 2"d Reading APPROVED: RM: COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea Commissioner Gil: Yea Page 3 of 3 Agenda Item No:9. City Commission Agenda Item Report Meeting Date: December 3, 2019 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Resolution Agenda Section: Subject: An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section 20-4.10 to authorize the City Commission to waive, from time to time, the permitting requirements to hold a garage sale in the RS-Single Family Residential Districts and the RT-Townhouse Districts. 3/5 (Mayor Stoddard) Suggested Action: Attachments: Ord amending 20-4.10 Garage5alesCClst Reading Amendment.doc MDBR Ad - 2019.12.03 meeting.pdf Miami Herald Ad - 2019.12.03 meeting.pdf 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 GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/hJa 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 HEARINGS - DEC. 3, 2019 in the XXXX Court, was published In said newspaper In the Issues of 11/22/2019 Arrant 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 confinuously, 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 saitl Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and arrant 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 for publication in the said newspaper. Swo to and subscribed before me this 22 Xda�t�AD.�2 (8161.) GUILLERMO GARCIA personally known to me ••%^y-,- BARBARATHOMAS Cnmrdission If GG 121171 a,;. Expires November 2. 2021 Bsrded Tlxu Ttoy Fain Insurance 800385-7019 SOU A � V 1927 mc •xp IH2T _T <O RtO CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS 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 Tuesday, December 3, 2019, beginning at 7:00 p.m., in the City Commission Chambers; 6130 Sunset Drive, to consider the following ttem(s): An Ordinance amending the Land Development Code, Article II, Section 20-2.3 'Definttions', Article III, Section 20-3.3(D) 'Permitted Use Schedule' and Section 20-3.4 'Special Use Conditions', Article ell, Section 20-7.12(A) 'Permitted and Special Uses and Parking Requirements' and Section 200.7.51 'Special Exception' concerning Medical Marijuana and Drug, Pharmacy, and Sundry store uses. An Ordinance amending Section 7-3.2, of the Code of Ordinances to adjust the parks Impact fees. An Ordinance amending the South Miami Pension Plan to Implement the Collective Bargaining Agreement Between the City of South Miami and the Florida State Lodge, Fraternal Order of Police, Inc., and the Dade County Police Benevolent Association, Inc.; by Amending Section 16-14, 'Pension benefits and retirement date' by Changing the Nomlal and Early Retirement Eligibility Dates for Police Officers; by amending Section 16-26, 'Reserved' to now be titled 'Use of Chapter 185 Funds'; Providing for Severability; Providing for Inclusion in the Code; Providing for a Repealer, and Providing for an Effective Date. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section 20-4.10 to authorize the City Commission to waive, from time to time, the permitting requirements to hold a garage sale in the RS-Single Family Residential Districts and the FIT -Townhouse Districts. 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. Nkenga A. Payne, CIVIC city Clerk Pursuant to Florida Statutes 286.0105, the City hereby advisas 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 matte which record includes the testimony and evidence upon which the appeal is to be based. 11/22 19-62/0000440088M 5 58Na4YMMI M8Er21IM9 I NEIGHBORS 1 255E MMIHERAIaCOM M Various Types of Coffee Smoothies •Salads •Breakfast v4 PJ Pasteii • Various Paninis Piva •Fine Sweets Cakes for every occasion _SATIN S.W. _N 57'nAM&- AN C8900 S/�`���rtume. MIMI Ph: 38S280-2800 fhe� H es. 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An Ordinance amending Section 7-3.2 of the Code of Ordinances to adjust the parks impact fees. An Ordinance amending the South Miami Pension Plan to Implement the Collective Bargaining Agreement Between the City of South Miami and the Florida State Lodge, Fmtemal Order of Police, Inc., and the Dade County Police Benevolent Association, Inc.; by Amending Section 16-14, "Pension benefits and retirement date" by Changing the Normal and Early Retirement Eligibility Dates for Police Officers; by amending Section 16-26, "Reserved" to now be titled "Use of Chapter 185 Funds"; Providing for Sevembility; Providing for Inclusion in the Code; Providing for a Repealer; and Providing for an Effective Date. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section 204.10 to authorize the City Commission to waive, from time to time, the permitting requirements to hold a garage sale in the RS-Single Family Residential Districts and the RT-Townhouse Districts. ALL interested parties areinvited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Nkenga A. Payne, CMC City Clerk Pursuant to Florida Statutes 286.0105. the City hereby advises the public that if a person decides to appeal my 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 6 made which record includes the testimony and evidence upon which the appeal is to be hawed.