Ordinance 2017-495 - Laserfiche WebLink

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NN ' tsCFCity Sunny Isles Beach city Commission s • vGeorge"Bud" Scholl,Mayor ° F 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor s� i'` 3' Isaac Aelion, Commissioner - ?.69,; .:-° Sunny Isles Beach; Florida��160 u _ . f1...,,. -,,,---,.-u = Jeanette Gatto,Commissioner 305 947-0606 CityHall Larisa Svechin,Commissioner (305) 949-3113 Fax r �r9 �= � Christopher J.Russo City Manager y�`.-":...,:?W---i ��P (305) 947-2150 Building Department F 1. FLOP ., Hans Ottinot,City Attorney e.TY OF SUN Pia (305) 947-5107 Fax Jane A.Hines,VINIC,City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Hans Ottinot, City Attorney I1!.I J DATE: February 16, 2017 RE: Ordinance amending Chapter 14 of the City Code RECOMMENDATION It is recommended that the City Commission approve the proposed Ordinance amending Chapter 14 of the City Code to require good cause for extension of time to correct code violations. REASONS There are instances where code enforcement cases are not timely corrected despite numerous extensions. In order to address this issue, City staff is recommending that Chapter 14 of the City Code be amended to require good cause for extensions to correct code violations. City staff is recommending that property owners be required to show good cause for an extension of time. The "good cause" standard is defined as unforeseen circumstances beyond the reasonable control of property owner that include (i) delays by government agencies in issuing permits and/or other regulatory approvals that were not within the reasonable control of the property owner, (ii) an "Act of God" such as extreme weather or environmental conditions that cannot be prevented by • the property owner, or (iii) financial hardships beyond the control of the property owner. • If the above good cause showing is made, the code enforcement officer or Department Director may grant property owner an extension of time not to exceed ninety (90) calendar days in total to correct the code violation. However, the Special Magistrate may provide additional extensions upon a showing of good cause. A property owner shall be required to correct the violation within a time period not to exceed twenty four (24) months from the date of the Special Magistrate's final order, unless unforeseen circumstances beyond their reasonable control, such as delays caused by the respective permitting agencies or Acts of God, prevent them from obtaining said permits during this time. The Special Magistrate may provide additional time if good cause is shown for correction of the violation. It's important to note that a code enforcement officer or Department Director shall continue to have the discretion to dismiss a violation for lack of sufficient evidence. This Ordinance was requested by Vice Mayor Dana Goldman.