07-22-08 Item 29USouth Miami
All- AmerieaCily
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER I I 11.
INTER - OFFICE MEMORANDUM Zao,
To: The Honorable Mayor, Vice Mayor and City Commissioners
From: Jay Beckman, City Commissioner
Via: Maria M. Menendez, City Clerk
Date: July 22, 2008 ITEM No.
a
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF
ORDINANCES CHAPTER 2, ARTICLE III "BOARDS AND COMMISSIONS,"
SECTIONS 2 -21, 2 -22, AND 2 -23, IN ORDER TO BRING THE CODE UP TO DATE,
AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE H, SECTION 8
C; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
STAFF'S OBSERVATIONS
In reviewing Article III the Code of Ordinances, besides deleting archaic language, additional
language has been incorporated in order to be consistent with the Charter. (See summary below).
Both Commissioner Beckman and the City Attorney have reviewed the proposed amendments.
The following is a summary of the main proposed amendments:
1) Page 1, lines 40 -42;
2) Page 2, lines 1 -41;
Copies of the particular sections of the Code and Charter are attached as backup for reference.
Documentation:
Draft Ordinance
Charter Art. II, Sec. 8
Land Development Code Art. VI
Code of Ordinances Sec. 2 -21, 2 -22, 2 -23
WAMy DocumcntsVesolutionsWemo Ordinance.Code amend ch 2 an lILdoc
1 ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
5 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2,
7 ARTICLE III "BOARDS AND COMMISSIONS," SECTIONS 2-21,2-22,
8 AND 2 -23, IN ORDER TO BRING THE CODE UP TO DATE, AND TO
9 BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II,
10 SECTION 8 C; AND EDITING THE ORDINANCE TO CORRECT
11 SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY,
12 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
13
14 WHEREAS, the City's current Code of Ordinances provides procedures for the
15 departments and administrative service of the City; and,
16
17 WHEREAS, the Mayor and City Commission desire to amend its code in order to
18 bring it up to date; and
19
20 WHEREAS, the Mayor and City Commission desire to amend its code in order to
21 be consistent with the City's Charter Article II, Section 8 C.
22
23 WHEREAS, the Personnel Board was abolished by ordinance no. 05 -08 -1940,
24 dated February 5, 2008; and
25
26 WHEREAS, the Code Enforcement Board was abolished by ordinance no. 6 -03-
27 1790, dated March 18, 2003, and a Special Master was created at that time; and
28
29 WHEREAS, the Planning Board is a mandatory board as provided in the City's
30 Charter Article II, Section 8 C, and that the board's functions and responsibilities are
31 provided -in the City's Land Development Code.
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that:
35
R Section 1. Chapter 2, Article III of the City's Code of Ordinances, entitled
3') Boards and Commissions, Sections 2 -21, 2 -22, and 2 -23 of the Code of Ordinances of the
3 City of South Miami is being amended as follows:
3
4( ARTICLE III. BOARDS AND COMMISSIONS* COMMITTEES*
4
4 Sec. 2 -21. . Appointments; Mandatory Board.
43
Additions shown by underlining and deletions shown by ever-stfiking.
Page 1 of 3
4
(1) Planning
6
7 (2) Code en f ent board.
8
9 All appeintees shall serve fef the tefm appointed and until a sueeessef shall h-rwe
10 been appointed a-ad qualified. Appeintffients fef unexpifed teffns shall be f6r- th
11 re U rod ea of the +Va , and until U JUVV VJJV has be appointed a quafified-.
1j
13 The Mayor, with the advice and consent of the Commission may ppoint Boards
Iz or Committees to serve the City at the pleasure of the Commission for the purposes
If defined by the Commission.
1
17 (a) For any Board or Committee hereinafter established by ordinance the
18 Commission, but not by way of limitation, shall provide for the following_
19
20 (1) number of members
21 (2) term of members
22 (3) quorum for meetings
23 (4) duties of boards and committees
24 (5) presentation of actions of the board or committee to City Commission
21
26 (b) Mandatory Board: There shall, at all times, be a Planning Board composed of
27 residents of South Miami whose members shall be appointed as established
28 herein.
24
3 ] See. 2 22. Personnel and mems•; +
G1 i oaFd.
;.
37i
38 Sec. 2-23. Planning and zoning board.
4 The planning and ze g board shall have the composition, functions and duties as
41 provided by [fefm iele V, ter- �O -of this Code and as a of ' affie ded or-
4 ehanged her -eafte the City's Land Development Code Article VI, 20 -6.1 (B).
4--
Additions shown by underlining and deletions shown by everstfiking.
Page 2 of 3
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
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Code of
Ordinances.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of , 2008.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
WA\My Documents \resolutions \Ordinance code updating.Ch 2 Art IIl.doc
I_1
MAYOR
1 st Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
Additions shown by underlining and deletions shown by everstr-iking
Page 3 of 3
ARTICLE II (Cont'd)
duties as may be required of him or her by Ordinance or
Resolution of the Commission or by this Charter.
3. A City Clerk and such deputies that may be necessary,
who shall give notice and attend all Commission meetings, keep
the minutes and records of all of the proceedings of the
Commission, preserve all books, papers and writing of all kinds
committed to his or her care during his or her tenure; keep the
corporate seal of the City and affix the seal when lawfully
directed; administer oaths; have charge of the conduct of
municipal elections; act as Supervisor of Registration; and
perform such other duties as shall be required by this Charter or
by General Laws of the State of Florida unless restricted by the
Home Rule Amendment provisions of Miami -Dade Dade County.
(Amended 2/8/00)
B. Compensation The salaries and expense accounts of all
officers shall be prescribed by ordinance and fixed in the annual
budget.
C. Vacancies The City Commission shall have power in the
absence, sickness or disqualification of any of these officers to
appoint a successor and should the Commission not do so within
thirty (30) days after such occurrence, it shall be the duty of
the Mayor to appoint a successor.
SECTION 8. Boards and Committees
A. Appointments The Mayor, with the advice and consent of
the Commission may appoint Boards or Committees to serve the City
at the pleasure of the Commission for the purposes defined by the
Commission.
B. Ordinance Provisions For any Board or Committee
hereinafter established by ordinance, the Commission, but not by
way of limitation, shall provide for the following:
(1) number of members
(2) term of members
(3) quorum for meetings
(4) duties of boards and committees
(5) presentation of actions of the
to City Commission (2/8/00)
13
board or committee
SOUTH MIAMI CITY CHARTER
AMENDED 2/14/06
ARTICLE II (Cont'd)
C. Mandatory Board There shall, at all times, be a Planning
Board composed of residents of South Miami whose members shall be
appointed by the Mayor with the advice and consent of the
Commission. No duly elected official, officer or employee of the
City shall be an appointee hereunder. Notwithstanding any other
provision of Article II, but not by way of limitation, the
ordinance creating this Board shall contain the following
provisions:
1. The Planning Board shall be a continuous body and shall
be composed of seven (7) members. A quorum for its meeting shall
consist of five (5) members. The Board shall investigate and
recommend to the Commission such changes in the boundaries of the
various use districts, zoning regulations, use of land and type
of construction, 1•ocations and use of all structures on any valid
appointment submitted to it.
In arriving at its recommendations, the Board shall
consider, but not by way of limitation, the character of the
area, the suitability of particular uses, the conservation of the
property values and the direction of building development. In
addition, the Board shall investigate and make recommendations to
the Commission on matters affecting redevelopment,
rehabilitation, conservation and renewal progress toward the
alleviation of a slum or blighted areas and such other conditions
as may injuriously affect the City.
2. Any recommendations of the Board which affect use of
land or structures or concern redevelopment, rehabilitation,
conservation or renewal shall not be adopted by the City
Commission until a public hearing thereon. No application for
zoning changes shall be filed in the name of the City without
prior approval of the City Commission. There shall be no change
in zoning or any amendment to the zoning laws unless proposals
for such changes have first been received by the Planning Board.
SECTION 9.
Investigations
Notwithstanding any other provisions of this Charter, the
Commission or its authorized representative or representatives
may make investigation into the affairs of this City and the
conduct of any City department, Board, Officer or Agency and for
this purpose may subpoena witnesses, administer oaths, take
testimony and require the.production of evidence. Any person who
14 SOUTH MIAMI CITY CHARTER
AMENDED 2/14/06
20 -6.1 ( SOUTH MIAMI LAND DEVELOPMENT CODE
(b) Public Hearings.
i. The city commission shall hold public hearings when amending the adopted
Comprehensive Plan, amending the text of this Code, rezoning, approving
special uses, granting variances and permitting nonconforming uses. All
other items shall not require a public hearing for commission action.
ii. Actions upon site plans, variances, administrative appeals, planned unit
developments, nonconforming uses and special uses shall be by resolution.
- All other actions shall be by ordinance.
(c) The city commission may defer action on any application or other matter before
it, for cause, for a reasonable period of time.
(d) The city commission may refer a matter back to the planning board or the
environmental review and preservation board for further consideration and
recommendation.
(e) When any request requiring a public hearing before the planning board has been
acted upon by the commission and denied or failed to pass, such proposed change,
in the same or similar form shall not be reconsidered by the commission for a
period of at least one (1) year following the date of such action (removed: when
denied without prejudice) except in which case reconsideration is possible after
six (6) months for the date established for the prior hearing at the request of the
majority of the commission.
(f) Financial Interest.
i. Any member of the city commission who has a special financial interest,
direct or indirect, in any matter shall make that interest known and shall
abstain from participation therein in any manner.
ii. Willful failure to disclose such financial interest shall constitute malfea-
sance in office and shall render the action voidable by the city commission.
((BB)) Planning Board.
-'(1° ) Establishment and Membership.
(a) There is hereby created a local planning agency to be known as the South Miami
Planning Board.
(b) The board shall be comprised of seven (7) members who reside in the city.
i. Members of the board shall be appointed by the mayor, with the advice and
consent of the city commission.
ii. Planning board members shall be appointed as follows: four (4) Planning
Board members shall be appointed for a term of one (1) year and three (3)
members shall be appointed for a term of two (2) years, and all successor
members shall be appointed for a two (2) year terms.
iii. Vacancies shall be filled for the remainder of any unexpired terms.
Supp. No. 10 134
ADMINISTRATION AND ENFORCEMENT 20 -6.1
iv. Any member of the board shall automatically be removed for missing three
(3) regular meetings in a row or five (5) meetings in a twelve (12) month
period.
v The director of building and zoning shall keep a record of meetings missed
and advise the city commission and the member being removed that such
member has been automatically removed.
(2) Organization.
(a) The board organization, procedures, meeting notice and meeting conduct shall be
in accordance with bylaws adopted by the board.
Supp. No. 10 134.1
ADMINISTRATION AND ENFORCEMENT 20 -6.1
(b) The board shall elect from its membership a chairman and vice- chairman for one
(1) year non- successive terms.
i. The chairman shall normally preside at all meetings of the board.
ii. In the absence of the chairman, the vice- chairman shall preside.
(c) A temporary chairman may be elected at any meeting when both the chairman
and vice - chairman are absent.
(d) The Planning Board shall hold regular meetings at 7:30 p.m., on the second and
last Tuesday of each month with the exception of the months of June and July.
The Planning Board shall hold one (1) regular meeting at 7:30 p.m. on th (Pthird Tuesday of June an seai�em_ Tue�regular Meetings need not be held i
are no scheduled agen s. eetings sh all be held at City Hall.
(e) The Chairperson or the Planning and Zoning Director shall have the authority to
call a special meeting due to circumstances which prevent a regularly scheduled
meeting from being held and provided that notice of the meeting is given to the
City Commission, Board members, applicants, and posted at City Hall not less
than three (3) working days prior to the meeting date.
(3) Powers and Duties.
(a) The board shall have all such powers and duties as are granted and conferred by
state law and this Code.
(b) The board shall have the authority to investigate and recommend to the city
commission such changes in the boundaries of the various use districts, zoning
regulations, use of land and type of construction, locations and use of all
structures on any valid application submitted to it.
i. In arriving at its recommendations, the board shall consider factors includ-
ing, but not limited to: neighborhood character, suitability of particular
uses, conservation of property values, the city's adopted Comprehensive
Plan and availability of adequate public facilities and services.
ii. The board shall investigate and make recommendations to the city commis-
sion on matters affecting redevelopment, rehabilitation, conservation and
renewal progress toward the alleviation of slum and blight areas and such
other conditions as may injuriously affect the city.
(c) The board shall review and make recommendations on all applications for a
change in zoning district boundaries.
(d) The board shall periodically review and make recommendations relating to the
provisions of this Code, including the district map, and shall offer recommenda-
tions to the city commission as to the sufficiency thereof in implementing the
city's adopted Comprehensive Plan.
(e) Reserved.
Supp. No. 9 135
20 -6.1 SOUTH MIAMI LAND DEVELOPMENT CODE
(f) The board shall review and make recommendations relating to the determination
and continuance of nonconforming uses.
(g) The board shall review and make recommendations on all applications for special
uses as permitted in this Code; such recommendations being made only after it
has been determined that all established special requirements have been met and
that the use will not create any incompatible relationships with other uses in the
area in which it is to be located.
(h) The board shall review and make recommendations on all applications for
variances from the requirements of this Code for yard setbacks, lot size, lot
coverage, building height, fences and walls, impervious coverage, off - street
parking, open space, signs and landscaping. Recommendations for a variance
shall be made only when necessary to relieve particular hardships or extraordi-
nary conditions relating to a specific property, and when the strict application of
a particular regulation would result in peculiar and exceptional hardship upon
the owner of such property as distinguished from reasons of convenience, profit or
caprice.
(4) Procedures.
(a) Quorum and voting.
i. A quorum shall be five (5) members.
ii. A majority vote of the members present shall be required to pass upon any
matter on which the board is required to act under this Code.
iii. Recommendations on all items before the board shall be transmitted to the
city commission within forty -five (45) calendar days of the time that the
item first appears on a regularly scheduled board agenda. If the board has
not reached a decision on the item before it during said period, then the item
shall be transmitted forthwith to the city commission with a "No Comment"
recommendation.
(b) The board shall keep a permanent record of all.proceedings before it, showing the
vote of each member upon each question, or if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and other official actions, all
of which shall immediately be filed in the office of the board and shall be a public
record.
(c) Meetings of the board shall be public and notification of such meetings shall be in
accordance with city ordinances and state law.
(d) All board actions shall be by motion.
(e) All matters brought before the board shall be accompanied by a staff report which
shall include basic facts.
Supp. No. 9 136
ADMINISTRATION AND ENFORCEMENT 20 -6.1
(f) Financial interest.
i. Any member of the board who has a special financial interest, direct or
indirect, in any matter shall make that interest known and shall abstain
from participation therein in any manner.
ii. Willful failure to disclose such financial interest shall constitute malfea-
sance in office and shall render the action voidable by the city commission.
(C) Environmental Review and Preservation Board.
(1) Establishment and Membership.
(a) An environmental review and preservation board is hereby created which shall
consist of nine (9) members who reside or work in the city, except as provided in
ii. below.
i. The mayor, with the advice and consent of the city commission, shall appoint
the members of the board.
ii. Board membership shall include at least one (1) registered landscape
architect licensed to practice in the State of Florida. If it is determined by
the City Commission that the position of landscape architect cannot be filled
by a qualified individual who resides or works in the City, the residency
requirement may be waived by the Commission and the position of land-
scape architect may be filled by a qualified individual who does not reside or
work in the City.
iii Board membership shall include two (2), but no more than four (4),
architects licensed to practice in the State of Florida.
iv. Members of the environmental review and preservation board may not work
for the City or be employed by any company that has contracts with the City.
V. Members shall serve for a term of two (2) years.
(b) Any member of the board shall be automatically removed for missing three (3)
regular meetings in a row or five (5) meetings in a twelve (12) month period.
i. The Planning and Zoning Director shall keep a record of meetings missed.
ii. The Planning and Zoning Director shall advise the City Commission and the
member being removed that such member has been automatically removed.
(2) Organization.
(a) Meetings.
i. The board shall hold two (2) regular meetings each month, on the first and
third Tuesday of each month.
ii. Meetings shall not be held if no plans, specifications or items are submitted
for review.
iii. Agendas of all meetings shall be posted at City Hall not less than three (3)
working days prior to any meetings.
Supp. No. 9 137
§ 2 -18 SOUTH MIAMI CODE § 2 -21
(f) Records retention schedule. The state General Records
Schedule for State and Local Government Agencies (schedule
GSI) is hereby adopted. The retention and destruction of public
records as provided in subsections (a) through (e) of this section
2 -18 are to be controlled and governed by that'Records Retention
Schedule," a copy of which is on file in the city clerk's office.
(g) Official custodian. The city clerk shall be the custodian of
the "Records Retention Schedule," and shall ascertain that all
actions taken under the provisions of section 2 -18 conform to the
provisions of the "Records Retention Schedule."
(Ord. No. 519, § 1, 4 -5 -65; Ord. No. 967, §§ 1, 2, 10 -4-77; Ord. No.
1709, § 1, 4- 11 -00)
Secs. 2 -19, 2 -20. Reserved.
ARTICLE M. BOARDS AND COAMSSIONS*
Sec. 2 -21. Designated; appointee's term of office.
There shall be the following boards and commissions in the
city-
(1) Personnel and merit board.
(2) Planning wing board.
Fah: i/�
rt? a ". ,'� went
¢ (3) Code enfo board.
All appointees shall serve for the term appointed and until a
successor shall have been appointed and qualified. Appointments
for unexpired terms shall be for the remainder of the term and
until a successor has been appointed and qualified.
(Ord. No. 279, Art. II, § 1, 11- 17 -53; Ord. No. 397, § 2, 2- 18 -58;
Ord. No. 415, 8- 19-58; Ord. No. 445, § 1, 4- 19 -60; Ord. No. 1280,
§ 1, 8 -487)
*Cross reference — Indemnification of members of boards, § 2 -4.6.
Supp. No. 53 14
§ 2 -22 ADA1lNBTRATlON AND CITY GOVERNMENT § 2 -24
Sec. 2 -22. Personnel and merit board.
The personnel and merit board shall have the composition,
functions and duties as [formerly] provided by Article VII of
Chapter 8 and as altered,- amended or changed hereafter.
(Ord. No. 279, Art. 11, § 2, 11- 17 -53) t�
Cross reference — Personnel board, § 16A-6.
Sec. 2 -23. Planning and zoning board.
The planning and zoning board shall have the composition,
functions and duties as provided by [former] Article V, Chapter 20
of this Code and as altered, amended or changed hereafter.
(Ord. No. 279, Art. 11, § 3, 11- 17 -53; Ord. No. 397, § 3, 2- 18 -58)
Sec. 2 -24. Special master.
(a) Pursuant to the constitutional home rule powers granted
to municipalities by the Florida constitution, and F.S. ch. 166 and
§ 162.22, the city creates the position of special master for the city
to enforce the occupational license, building, zoning, sign, and
other related codes and ordinances of the city and all ordinances
of Miami -Dade County and statutes of the state that the city is
authorized to enforce.
(b) All procedure and conduct of hearings shall be as provided
in section 2 -25 of this code. The city attorney shall serve as
counsel to the city in the defense of appeals to the special master.
The city attorney shall have the power, upon approval by the city
commission, to initiate civil actions for declaratory and injunctive
relief; and orders to compel, and to commence any other action to
enforce civil fines, correction orders and orders of the special
master, and to compromise and settle fines and penalties.
(c) The special master shall have the powers to:
(1) Adopt by -laws and rules of procedure.
(2) Hear de novo appeals by alleged violators from civil
citations; affirm in whole or in part, or reverse, the charge
of violation; and affirm or modify-the order of corrections
and fine levied in the citation.
(3) Subpoena and swear witnesses.
supp. No. 60 14.1