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06-16-09 Item 10South Miami OfteficaCKY CITY OF SOUTH MIAMI 11111"I OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balo gun, City Manager From: Thomas J. Vageline anning and Zoning Director Date: June 16, 2009 ITEM No. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -5 "NEIGHBORHOOD STABILIZATION PROGRAM (NSP) "; PROVIDING SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. SUMMARY The above ordinance amending the City's Code of Ordinances is to allow the City to be eligible to receive funds from Miami -Dade County for demolition of blighted structures in unincorporated and incorporated areas of the County. The program sponsored by the Federal Department of Housing and Urban Development (HUD) is called the Neighborhood Stabilization Program (NSP). Approximately one million dollars is being made available to the County. A copy of the application submitted to the Federal Government by Miami -Dade County for the NSP Program is available in the City Clerk's Office. CODE AMENDMENTS REQUIRED In a letter from the County's Community & Economic Development-Department dated April 22, 2009 (attached as EXHIBIT A) Miami -Dade County has invited participation in the NSP from municipalities. The County has directed that to qualify to apply for a portion of the available funds a municipality: (1) must have designated target areas within their boundaries and: (2) must adopt into their City Code certain terminology. This includes an expanded definition of a blighted structure (uninhabitable structure and /or an unsafe structure). The actual wording of the amendment to the City Code is taken from Miami -Dade County Code Section 1713-15 and Section 8.5. The County has identified county wide a number of Neighborhood Revitization Strategy Areas (NRSA) which will be eligible (designated target areas) for the subject Federal funding. The boundary of the South Miami Community Redevelopment Area (CRA) is co- terminus with the South Miami Neighborhood Revitization Strategy Areas thereby making that area eligible for the program. (See attached map in Exhibit A) The CRA staff is now in the process of identifying buildings which would meet the blighted structure definition. �'�� ��:, `ti: .�M� �`. 2 CITY COMMISSION ACTION FIRST READING The attached ordinance was amended prior during first reading on June 2, 2009 in order to specify that the City Commission must approve specific demolition addresses prior to submission to the County. This provision is included as Section 7 -5.3 on p.5 of the attached ordinance. RECOMMENDATION It is recommended that the attached draft ordinance be adopted. Attachments: Draft ordinance - - Exhibit A Public Notices TJ V /SAY XAComm Items\2009 \6 -16 -09 \Neigh Stabilization Program CM Report.doc 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7 -5 "NEIGHBORHOOD STABILIZATION PROGRAM (NSP) "; PROVIDING SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (US HUD) has awarded Neighborhood Stabilization Program (NSP) funds to Miami -Dade County; and WHEREAS, Miami -Dade County has allocated $1,000,000 from these NSP funds for the demolition of blighted structures in unincorporated and incorporated areas of the County; and WHEREAS, Miami -Dade County has invited participation in the NSP from municipalities, by letter from the County Community & Economic Development Department dated April 22, 2009 (attached as EXHIBIT A); and WHEREAS, the City of South Miami, Florida wishes to participate in this aspect of the NSP of Miami -Dade County; and WHEREAS, in order to be eligible for the NSP funding from Miami -Dade County for the demolition of blighted structures, the City of South Miami is required to adopt certain terminology. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as .being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. Section 1713-15 of the Miami -Dade County Code of Ordinances is hereby adopted as City Code Section 7 -5, as set out below in full as the City's definition of "blighted structures" for the purposes of participation in this Miami -Dade County Neighborhood Stabilization Program pursuant to Federal Domestic Assistance Number 14 -218, Neighborhood Stabilization Program application dated November 24, 2008 and signed November 25, 2008 as referenced to The NSP Substantial Amendment of Miami -Dade County, for the demolition of "blighted structures ". Sec. 7 -5. ReseFved. Neighborhood Stabilization Program (NSP) 1 I For the purposes of participating in the Miami -Dade CountNeighborhood 2 Stabilization Program pursuant to Federal Domestic Assistance Number 14 -218, 3 Neighborhood Stabilization Program application dated November 24, 2008 and 4 signed November 25, 2008 as referenced to The NSP Substantial Amendment of 5 Miami -Dade County, the following shall serve as the definition for "blighted 6 structures" and "unsafe structures ". 7 8 Blighted structure shall mean uninhabitable structure and/or unsafe structure. 9 10 Sec. 7 -5.1 NSP Uninhabitable structure. 11 12 (1) A structure shall be uninhabitable when: 13 (a) It is visited by persons for the purpose of unlawfully procuring or using any 14 controlled substance, as defined under Chapter 893 of the Florida Statutes, or any 15 drugs, as defined in Chapter 499 of the Florida Statutes; or 16 (b) It is used for the illegal keeping, selling or delivering of such controlled 17 substances or drugs; and the structure is found to have one (1) or more of the 18 following characteristics: 19 (i) It is vacant, unguarded and open at doors or windows, 20 (ii) There is an unwarranted accumulation of debris or other combustible material 21 therein, 22 (iii) The structure's condition creates hazards with respect to means of egress and 23 fire protection as provided for the particular occupancy, 24 (iv) There is a falling awU, hanging loose or loosening of any siding, block, brick, 25 or other building material, 26 (v) There is deterioration of the structure or structural parts, 27 NO The structure is partially destroyed, 28 (vii) There is an unusual sagging or leaning out of plumb of the structure or any 29 parts of the structure and such effect is caused by deterioration or over - stressing, 30 (viii) The electrical or mechanical installations or systems create a hazardous 31 condition, or 32 (ix) An unsanitary condition exists by reason of inadequate or malfunctioning, 33 sanitary facilities or waste disposal systems. 34 35 (2) A structure shall be presumed to be utilized for the purpose set forth in (1)(a) or 36 (b) above when there are one (1) or more arrests or police reports of incidents which 37 involve the keeping, consumption, or delivery of controlled substances or drugs on 38 the premises of the subject structure during the period of six (6 ) months preceding 39 the posting of notice by the Minimum Housing Enforcement Officer. 40 41 (3) A structure found to be uninhabitable as provided herein shall be subject to 42 demolition. 43 44 SECTION 3: In the administration of the demolition activity outlined in the 45 Neighborhood Stabilization Program and when the code adopted as Section 7 -5.1 46 does not meet the required standard for demolition, the City of South Miami will use 47 that portion of the Miami -Dade County Code Section 8.5 as set forth below and 2 1 adopted as set out below in full. Section 7 -5.2 NSP Unsafe Structure is hereby 2 adopted. 4 Section 7 -5.2 NSP Unsafe Structure. 6 (a) General. 8 (1) The following criteria shall be used in the determination of buildings or 9 structures that are unsafe. 10 11 (2) Buildings or structures that are, or hereafter shall become, unsafe, unsanitary or 12 deficient, facilities with inadequate means of egress, or which constitute a fire or 13 windstorm hazard, or are otherwise dangerous to human life or public welfare by 14 reason of illegal or improper use, occupancy or maintenance, or which have been 15 substantialldamaged by the elements, acts of God, fire, explosion or otherwise, 16 shall be deemed unsafe structures and a permit shall be obtained to demolish the 17 structure or where specifically allowed by this section, to bring the building into 18 compliance with the applicable codes as provided herein. 19 20 (3) Incomplete buildings commenced without a permit or for which the permit has 21 expired, or completed buildings commenced without a permit or for which the permit 22 has expired, prior to. completion and no Certificate of Occupancy has been issued, 23 shall be presumed and deemed unsafe and a permit shall be obtained to demolish the 24 structure or bring the building into compliance with the applicable codes as provided 25 herein. 26 27 (4) Buildings which meet the physical criteria of unsafe structures set forth in this 28 section, and are ordered to be repaired by the Building Official, an Unsafe Structures 29 Appeal Panel or the Unsafe Structures Board, in the manner more particularly set 30 forth below, which are not completed or repaired and brought into full compliance 31 with the Building Code within the reasonable time allowed by the Building Official 32 or the Unsafe Structures Board, will be demolished. 33 34 (5) Swimming pools that contain stagnant water are deemed unsanitary 35 dangerous to human life and public welfare. If the stagnant water is not removed and 36 all repairs made and brought into full compliance with the Building Code within the 37 reasonable time allowed by the Building Official, then these swimming pools will be 38 demolished. 39 40 (6) Buildings or structures subject to the recertification requirements in Section 8- 41 1 l(f) of this Code which the owner fails to timely respond to the Notice of Required 42 Inspection or fails to make all required repairs or modifications found to be 43 necessary resulting from the recertification inspection by the deadline specified in 44 the Code or any written extension granted by the Building Official will be 45 demolished. 46 47 (b) Physical criteria. 2 (1) A building shall be deemed a fire hazard and /or unsafe when: 3 (i) It is vacant, unguarded and open at doors or windows. 4 (ii) There is an accumulation of debris or other material therein representing a 5 hazard of combustion. 6 (iii) The building condition creates hazards with respect to means of egress and fire 7 protection as provided herein for the particular Occupancy_ 9 (2) A building, or part thereof, shall be presumed to be unsafe if. 10 G) There is a falling away, hanging loose or loosening of an sag, block, brick, 11 or other building material. 12 (ii) There is a deterioration of the structure or structural parts. 13 (iii) The building is partially destroyed. 14 (iv) There is an unusual sagging __or leaning out of plumb of the building or any parts 15 of the building and such effect is caused by deterioration or over - stressing. 16 (v) The electrical or mechanical installations or systems create a hazardous 17 condition contrary to the standards of the Building Code. 18 (vi) An unsanitary condition exists by reason of inadequate or malfunctioning 19 sanitary facilities or waste disposals std 20 (vii)By reasons of use or occupancy the area, height, type of construction, fire - 21 resistivity, means of egress, electrical equipment, plumbing, air conditioning or other 22 features regulated by this Code do not comply with this Code for the use and group 23 of occupancy.- 24 25 (3) A building, or part thereof, shall be presumed to be unsafe if: 26 (i) The construction, installation of electrical, plumbing or other equipment therein 27 or thereon, or the partial construction or installation of electrical, plumbing or other 28 equipment has been commenced or completed without a permit therefor having been 29 obtained or where the permit has expired prior to completion and the issuance of a 30 Certificate of Occupancy or Certificate of Completion. 31 (ii) The construction, installation of electrical, plumbing or other equipment therein 32 or thereon, or the partial construction or installation of electrical, plumbing or other 33 equipment has not been completed. 34 (iii) The building or structure is vacant and abandoned, and covered at doors or 35 windows with materials not previously approved by the Building Official, or for a 36 period exceeding the maximum limitations set forth in this Section. 37 (iv) By reason of illegal or improper use, occupancy or maintenance does not 38 comply with the Building Code, or the code in effect at the time of construction. 39 (v) The building or part thereof meets the physical criteria of an unsafe structure set 40 forth above and has not been repaired and brought into compliance with the Building 41 Code following the he expiration of the reasonable periods allowed by the Building 42 Official, an Unsafe Structures Appeal Panel or the Unsafe Structures Board for such 43 repairs. 44 45 46 47 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 Section 7 -5.3 City Commission Approval. (a) City Commission approval is required prior to the submission of any casework for a property to the County for demolition under the Neighborhood Stabilization Program." SECTION 4: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 5: 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 6: This ordinance shall be codified and included in the Code of Ordinances. SECTION 7: This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK day of , 2009 READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Feliu Vice Mayor Beasley: Commissioner Newman: Commissioner Palmer: Commissioner Sellars: X: \Comm Items \2009 \6 -16 -09 \Neighborhood Stabilization Program Demolition Ord Revised. 6- 2- 09.doc 5 Carlos Alvarez, Mayor April 22, 2009 t_A7 J5 11— A— Victor J. Citarella, RE, Building Department Director City of South Miami 6130 Sunset Drive, 2nd Floor South Miam,FL 33143 RE: Neighborhood Stabilization Program Community & Economic Development 701 N.W. 1 st Court • 14th Floor Miami, Florida 33136 T 786 - 469 -2100 F 786 - 469 -2236 The United States Department of Housing and Urban Development (US HUD) awarded Miami -Dade County $62,207,200 in Neighborhood Stabilization Program (NSP) funds. The County's approved NSP Plan and Implementing Order is available for download on our website at: www.n3iamidade.gov /ced. The County has allocated $1,000,000 for the demolition of blighted structures. It is the desire of the County to assist with eligible demolition activity that may be available in your -city. To see if your community can apply for the funding, I am attaching the section of the Miami .Dade County Code used to define the term "blighted" as you must adopted this language in order to qualify. In addition to the required Code adoption, there are designated target areas in which the demolition can only occur.. These areas are shaded in red and orange on the high resolution maps that are available at www.miamidade.gov/ced. There is a search engine on our website that can identify the priority areas. A presentation has been scheduled for May 15, 2009, to discuss our plan and approach, as well as the Code and how it is applied. Technical assistance will be available to assist you in adopting the County code by reference. The presentation will be held at the Permitting & Inspection Center located at 11805 SW 26t" Street, Suite 230 from 2pm -4pm. Please call Miriam Sabeta at 786 - 469 -2248, by May 8 to register, as space is limited. Prior to the presentation, we would like to know if you are interested in participating in this activity and whether or not you have identified such structures that may meet the definition of blighted. According to some preliminary reviews, your municipality has areas that are designated as highest and/or high priority. If you are interested in this activity, you will need to provide a list of property(ies) you would like for the County to consider: for demolition. The list must be prioritized from greatest to least importance and submitted by June 1, 2009. In addition to the list, we will need a copy of the adoption of the County code referred. to in this letter. We need to receive this information no later than June 30, 2009. miamidade.gov Please provide the requested information to the attention of Clarence Brown. He can be reached for questions. at 786 - 469 -2221 and via email at cdbrown@miainidade.gov. Thank you for your attention to this process and we hope to see you soon. Sincerely, J Shalley Jones Horn Director Peter McDougal, Deputy Director Clarence D. Brown, NSP Director Enclosure C. DEFLNmoNS.4NDDESmpnoNS (1) Definition of "blighted structure" in context of state or local law. Response: Miami -Dade County adopts the definition of "uninhabitable structures" as defined in Section 1713-15 of the Miami -Dade County Code of Ordinances, as the definition of "blighted structures" for purposes of this NSP Substantial Amendment.' A structure shall be deemed "blighted" and subject to demolition when: (a) It is visited by persons for the. purpose of unlawfully procuring or using any controlled substance, as defined under Chapter 893 of the Florida Statutes, or any drugs, as defined in Chapter 499 of the Florida Statutes; or (b) It is used for the illegal keeping, selling or delivering of such controlled substances or drugs; and (c) The structure is found to have one (1) or more of the following characteristics: 0) It is vacant, unguarded and open at doors or windows, (ii) There is an unwarranted accumulation of debris or other combustible material therein, (iii) The structure's condition creates hazards with respect to means of egress and fire protection as provided for the particular occupancy, (iv) There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material, (v) There is deterioration of the structure or structural parts, (vi) The structure is partially destroyed, (vii) There (s an unusual sagging or leaning out of plumb of the structure or any parts of the structure and such effect is caused by deterioration or over- stressing, (viii) The electrical or mechanical installations..gr systems create a hazardous condition, or (ix) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems. . ' The tern "blighted structure" does not appear in Section 17B -15 of the Miami -Dade County Code of Ordinances. However, Chapter 17B (METROPOLITAN MIAMI -DADE COUNTY DEMOLITION OF UNINHABITABLE STRUCTURES ORDINANCE) was adopted on the basis of the Board of County Commissioners' legislative findings that "in recent years and at present an increased number of uninhabitable structures exist, the maintenance of which is often neglected by the owners thereof. It is furthermore found and declared by this Board that said structures often become open, unsecured, vandalized, or used for illicit purposes by trespassers, resulting in conditions that are unhealthy, unsafe,. unsightly, and a blight upon the neighborhood and community at large, and that the demolition of uninhabitable structures will improve the security and quality of life in general of persons living nearby, will prevent blight and decay, and will safeguard the public health, safety, morals and.welfare." Miami -Dade Countv NSP Substantial Amendment 30 A structure shall be presumed to be utilized for the purpose set forth in (1)(a) or (b) above when there are one (1) or more arrests or police reports of incidents which involve the keeping, consumption, or delivery of controlled substances or drugs on the premises pf the subject structure during the period of six (6) months preceding the posting of notice by the Minimum Housing Enforcement Officer. In the administration of the demolition activity outlined in this Plan and when the code above does not meet the required standard for demolition Miami -Dade County will use the code Section 8.5 for "unsafe structures" and it is as follows: (2) Buildings or structures that are, or hereafter shall become, unsafe, unsanitary or deficient, facilities with inadequate means of egress, or which constitute a fire or windstorm hazard, or are otherwise dangerous to human life or public welfare by. reason of illegal or improper use, occupancy or maintenance, or which have been substantially damaged by the elements, acts of God, fire, explosion or otherwise, shall be deemed unsafe structures and a permit shall be obtained to demolish the structure or where specifically allowed by this section, to bring the building into compliance with the applicable codes as provided herein. (3) Incomplete buildings commenced without a permit or for which the permit has expired, or completed buildings commenced without a permit or for which the permit has expired, prior to completion and no Certificate of Occupancy has been issued, shall be presumed and deemed unsafe and a permit shall be obtained to demolish the structure or bring the building into compliance with the applicable codes as provided herein. (4) Buildings which meet the physical criteria of unsafe structures set forth in this section, and are ordered to be repaired by the Building Official, an Unsafe Structures Appeal Panel or the Unsafe Structures Board, in the manner more particularly set forth below;,which are not completed or repaired and brought into full compliance with the Building Code within the reasonable time allowed by the Building Official or the Unsafe Structures Board, will be demolished. (5) Swimming pools that contain stagnant water are deemed unsanitary and dangerous to human life and public welfare. If the; -stagnant water is not removed and all repairs made and brought into full compliance with the Building Code within the reasonable time allowed by the Building Official, then these swimming pools will be demolished. (6) Buildings or structures subject to the recertification requirements in Section 8- 11(1) of this Code which the owner fails to timely respond to the Notice of Required Inspection or fails to make all required repairs or modifications found to be necessary resulting from the recertification inspection by the deadline specified in the Code or any written extension granted by the Building Official will be demolished. (b) Physical criteria. (1) A building shall be deemed a fire hazard and /or unsafe when: (i) It is vacant, unguarded and open at doors or windows. (ii) There is an accumulation of debris or other material therein representing a hazard of combustion. Miami -Dade County NSP Substantial Amendment 31 (iii) The building condition creates hazards with respect to means of egress and fire protection as provided herein for the particular Occupancy. (2) A building, or part thereof, shall be presumed to be unsafe if. (i) There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material. (i i) There is a deterioration of the structure or structural parts. (iii) The building is partially destroyed. (iv) There is an unusual sagging or leaning out of plumb of the building or any parts of the building and such effect is caused by deterioration or over - stressing.. (v) The electrical or mechanical installations or systems create a hazardous condition contrary to the standards of the Building Code. (vi) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems. (vii) By reasons of use or occupancy the area, height, type of construction, fire - resistivity, means of egress, electrical equipment, plumbing, air conditioning or other features regulated by this Code do not comply with this Code for the use and group of occupancy. (3) A building, or part thereof, shall be presumed to be unsafe if (i) The construction, installation of electrical, plumbing or other equipment therein or thereon, or the partial construction or installation of electrical, plumbing or other equipment has been commenced or completed without a permit therefore having been obtained or where the permit has expired prior to completion and the issuance of a Certificate of Occupancy or Certificate of Completion. (ii) The construction, installation of electrical, plumbing or other equipment therein or thereon, or the partial construction or installation of electrical, plumbing or other equipment has not been completed. (iii) The building or structure is vacant and abandoned, and covered at doors or .windows with materials not previously approved by the Building Official, or for a period exceeding the maximum limitations set forth in this Section. (iv) By reason of illegal or improper use, occupancy or maintenance does not comply with the Building Code, or the code in effect at the time of construction. (v) The building or part thereof meets the physical criteria of an unsafe structure set forth above and has not been repaired and brought into compliance with the Building Code following the expiration'of the reasonable periods allowed by the Building Official, an Unsafe Structures Appeal Panel or the Unsafe Structures Board for such repairs. (2) Definition of "affordable rents." Note: Grantees may use the definition they have adopted for their CDBG program but should review their existing definition to ensure compliance with NSP program — specific requirements such as continued affordability. Miami -Dade County NSP Substantial Amendment 32 SOUTH MIAMI NRSA MIAMI - DADE COUNTY, FLORIDA as LEGEND %South Miami NRSA Boundary X2000 Block Groups — Streets and Highways NOVEMBER 2007 76.03, 76.03, 3 76.03, 4 0 025 Mom MIAWna�e DEPARTMENT OF PLANNING & AND ZONING PLANNING RESEARCH SECTION RD ET , a PD TEA NANUEE IN *E UN BW MNTFA as LEGEND %South Miami NRSA Boundary X2000 Block Groups — Streets and Highways NOVEMBER 2007 76.03, 76.03, 3 76.03, 4 0 025 Mom MIAWna�e DEPARTMENT OF PLANNING & AND ZONING PLANNING RESEARCH SECTION 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 V. PEREZ, 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 PUBLIC HEARING FOR 6/16/09 in the XXXX Court, was published in said newspaper in the issues of 06/05/2009 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 adv rtisemen r publication in the said newspaper. Sworn to and subscribed before me this 05 day of JUNE , A.D. 2009 (SEAL) V. PEREZ personally known to me IN; blic State of Flor•�da Marmat ission DD793490 711812012 to 7 ou ` CITY .OF SOUTH ,MIAMI,, NOTICE OF`PUSLIC- HEARING = = t NOTICE IS HEREBY'given that th'e.City Commission of the City of South' Miami;, Florida will coriduct Public 'Hearings -at its .regular*City; Commission�nieetirig scheduled for Tuesday, June 16, 2009 beginning at 7:30 p.m. in the City Commission Chambers, 130 Sunset Drive, to consider the following item(s):.- - ''i : ii ° a: +: i+.€:�;'�``'�` "'W .7 ;'�.• at: ,a.' ^ %'ri`` i � �, . q<i'-nit; v Second Rea ,•i{ ding: AN ORDINANCE- OF: _ .THE MAYOR ... AND CITY; - COMMISSION'OF..;THE CIT`f dT :. OWTHiMIAMI,'FLORfDA'}.. AMENDING' CHAPTER:! OF-THE SOUTH.MIAMI CODE OF . ORDINANCESl� BY . `ADDING," SECTION 7 -5" ` -t,' "NEIGHBORHOOD STABILIZATION,• PROGRAM ^(NSP);' `PROVIDINGw � "SEVERABILITY,� -`ORDINANCE S1i-3!Nt s, CONFLICT, AND AN EFFECTIVE� DATE.-- ATE ?' ' Resolutions ­- ° 1. i •MiCJ ht•Y A tAESOLUTION'OFTHEMAYdR: CI YiCOMMISSION Y Ie ^�'OFTHEfGITY -OF SOUTHNfIAMI FLORIDA; RELATING TO.r .< ""NREQUEST;FOR A VARIANCE FROM.SECTION 20- 3.5(G))Io,y I t x - -- C ; •; - ItOF'rTHEILAND: DEVELOPMENT CODE TO ALLOW; LOT S12E.OFxA_BUILDINd : SITE : fO'BE 7,003 SQUARE' FEET- WHERE .A MINIMUM iOT•SIZE OF 7,500. SQUARE. : ` > ;Yr FEET j1Sf- REQUIRED,,A�ND; X50 �;FEETI OF ,FFiON -AGE .�,t WHERE' �75 FEET 1S ,REQUIRED ,ON ,PROPERTY j 'LOCATED A'� "7641'�SW '62�'A�%ENUE; SOUTH (MIAMI'' '; ri _FLORIDA;.INITHIN;:THE "RO" ,RESIDENTIAL' OFFICE i- ZONING,<USE-DISTRICT;'.THE. =PURPOSE -OF :THE VARIANCEfS TO PERMIT •;THE;CONSTRUCTION;OF %A•;ir::f I 'rl'ONE•STORY:OFFICE`BUILDING; ;ANDS PROVIDING;FOR,;;rr.. f AN EFFECTIVE DATE: .7 PLL interested part'ie's 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 ' E�.7•_�:L:—�x+t•+xs�!:srt+�: ale" .•: r' F,+ e! eYµ. ��raP'+ c.^' iu;i�si:-^.a1wa?rr�+�n+'s;?�4ec1 Pursuaht to Flo i aRatutes 286.0105 th'e�City,�her— - advises ahe; Oublic;that i :person decides totappeal Zany decislOni ade by is Hoard Agency or Commisssion with respect to ariy,matter,conildered atf Its'meeting`orheanng`; he'or' she 'will need a'record of It p, s'; and that for such•purpose, affected person may need to ensure. that a yerbatirn record "of the proceedings is'made- "16b'.record� includes the testimony =arid evidence upon which-tfie appeal is to be tiiised. 6/5' . - - 09.3- 1 1 4/1 244244M I J , I M IA,= - jPi eH 00 27- C) C14 CITY. OF SOUTH MIA' M*I.: LLJ Z COURTESY- NOTICE- Z NOTICE IS ',HtRElJIY .given that the: City,'Commission of -the. City of South Miami, Floridii-will -conduct Public Hearings at qis,'reg6lar• City Commissidn meeting scheduled -,for-.,Tuesday; June It, 2009 beginning -at 7:30 p.m. in the City Commission dh4riribdrs',"0130 Sunset Drive, to consider the follqiing ft. s): Uj 7-OF THE SOUTH. AN ORDINANCE AMENDING - CHAPTER ) 5 - MIAMI CODE bFbRDINA NbES�By_"A6DINGS'ECTI_0_N 7-5 � _X w "NEIGHBORHOOD STABILIZATION PROGRAM (NSP).--.- _-. 07 A RESOLUTION RELATING•-TO A­ REQUEST..FOR .A. .= � VARIANCE, `FROM 'SECTION. 20-3.5(d) OF--,THE,. DO Z5 DEVELOPMENT CODE TO, 1ALLOW THE LOT- SIZE OF A BUILDING SITE TO- BE 7,003 S0UAAE'JrEET: WHItRE. "a; - A- MINIMUM LOT­ SIZE OF"' 7,500 -tQUARE..FEEfIS_,- - " I . . Z. ..E REQUIRED - AND. .50: FEET � OF'. FRONTAGE-- WHERE 0 -75 FEET JS' REQUIRED;:.. ON PROPERTY. LOCATED `AT 7641 SW 62 AVENUE,. . SOUTH OVrH MIAMI'- FLORIDA, 'w',rrH'1N-',-- -�DIT THE "RO!' RESIDENTIAL OFFICE ZONING US'ESIC R. T". . . THE PURPOSE OF THE VARIANCE 'IS. -TO PERMIT- THE CONSTRUCTION OF A ONE STORY OFFICE BUILDING. For further information,-01 ase Conti �J�dCity `Clerk's 6#10 1. . . ­ 11 '. :� " � : . L . I . . at (305) 663-6340. (n ALL interested parties are invited to attend andwill be Heard. Maria M.• Menendez, CMC City Clerk Pursuant to Florida statute; 286.0105, the City ity hereby advises the public that if a person decides to appeal any deci slon made by thls,Boaid, Agency or. Commission With respect to any matter considered at its meeting or hearing, he'or-sfie 'will need aji(3ord of the-. proceedings, and that for such purpose, affected ' person may need to ensur6bat.a verbatim record of the proceedings is made which.record includes the testimony, and evidence upon whicti the appeal Is to be based.. I J , I M IA,= - jPi eH 00