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HomeMy WebLinkAboutO-14138City of Miami G1TY QF �y Ordinance 14138 Legislation File Number: 12574 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/9/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION", CHAPTER 10 OF THE CITY CODE, TITLED "BUILDINGS", CHAPTER 11 OF THE CITY CODE, TITLED "CABLE TELEVISION", CHAPTER 11.5 OF THE CITY CODE, TITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW', CHAPTER 13 OF THE CITY CODE, TITLED DEVELOPMENT IMPACT AND OTHER RELATED FEES", CHAPTER 17 OF THE CITY CODE, TITLED "ENVIRONMENTAL PRESERVATION", CHAPTER 18 OF THE CITY CODE, TITLED "FINANCE", CHAPTER 22 OF THE CITY CODE, TITLED "GARBAGE AND OTHER SOLID WASTE", CHAPTER 31 OF THE CITY CODE, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS", CHAPTER 35 OF THE CITY CODE, TITLED "MOTOR VEHICLES AND TRAFFIC", CHAPTER 39 OF THE CITY CODE, TITLED "PEDDLERS AND ITINERANT VENDORS", CHAPTER 54 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS", AND CHAPTER 62 OF THE CITY CODE, TITLED "PLANNING AND ZONING", TO REPLACE OR STRIKE REFERENCES TO THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") FROM THE CITY CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 24, 2020, pursuant to Ordinance No. 13926, the City Commission adopted the City of Miami Fiscal Year 2020-2021 operating budget; and WHEREAS, the City of Miami Fiscal Year 2020-2021 operating budget eliminated the Neighborhood Enhancement Team ("NET") Department resulting in the reorganization of NET functions; and WHEREAS, it is necessary to address all references to NET in the City Code; and WHERAES, consideration has been given to the need and justification for the proposed reorganization; and WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City and its citizens to amend the City Code, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this section. City of Miami Pagel of 24 File ID: 12574 (Revision:) Printed On: 212112023 File ID: 12574 Enactment Number: 14138 Section 2. Chapter 2 of the City Code is amended in the following particulars:' "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY DIVISION 7. OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD Sec. 2-1052. - Membership. (i) Assignment of tasks. The city manager shall provide for necessary staffing to assist the Overtown Community Oversight Board. Such staff shall. (16) Coordinate his/her activities and the activities of the Overtown Community Oversight Board with the activities of the Southeast Overtown/Park West Community redevelopment agency and the QveFtGWR NET istFateF/ISjET effiEe. ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 Section 3. Chapter 10 of the City Code is amended in the following particulars:' "CHAPTER 10 BUILDINGS ARTICLE III. LEAD -BASED PAINT ON BUILDING EXTERIORS DIVISION 2. NOTIFICATION REQUIREMENTS Sec. 10-36. Contents of notice. Prior to the commencement of work expressly subject to this chapter, the responsible party (owner or contractor) shall provide written notice to the NET r-te City Manager's Office or its designated City Department of the following: (1) The location of the project; (2) The (nature and approximate square footage of the painted surface being disturbed and/or removed)) scope of work; (3) The methods and tools for paint disturbance and/or removal; (4) The approximate age of the building; (5) The anticipated job start and completion dates for work subject to this chapter; (6) Whether the responsible party has reason to know or presume that lead -based paint is present; (7) Whether the building is residential or non-residential, and whether it is owner- occupied or rental property, and the approximate number of dwelling units, (if any), on the property; (8) The dates by which the responsible party has or will fulfill any tenant or adjacent property notification requirements as described in the applicable sections of this chapter below; (9) The name, address, telephone number, and (10) If available, pager number, of the party who will perform the specified work. Sec. 10-38. Notice (by landlord) to tenants. "Work is scheduled to be performed on this property starting [date]. This work may or Remove Lead -Based Paint. The persons performing this work are required to follow federal, state and local laws regulating work with Lead -Based Paint. You may obtain information regarding these laws, or report any violation concerning these laws, by calling YOUF IGGa' Gity of Miami NET OffiGe the City Manager's Office or its designated City Department. The Owner of this property is also required to provide tenants with a copy of the U.S. Environmental Protection Agency pamphlet entitled Protect Your Family From Lead -Based Paint in Your Home." *„ City of Miami Page 3 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 Section 4. Chapter 11 of the City Code is amended in the following particulars:' "CHAPTER 11. CABLE TELEVISION Sec. 11-21. Use of streets. (n) All licensee cable system distribution devices to be located on streets or private city property shall be installed, pursuant to this Code, in such a way as to eliminate or minimize any potentially adverse impact. All proposed locations shall be reviewed by the Gity Neighberheed- Ephannomon4 Team (NET-) City Manager's Office or its designated City Department to ensure compliance with these and all other applicable policies and procedures relating to the placement of distribution devices on streets or city private property. Proposed locations may require review and approval by various city departments, as appropriate. Section 5. Chapter 11.5 of the City Code is amended in the following particulars:' "CHAPTER 11.5 CIVILIAN COMPLAINT INVESTIGATION AND REVIEW ARTICLE II. - THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL Sec. 11.5-28. Membership; qualifications; nomination of members; nominating committee; appointment and filling vacancies; terms of office. (c) Nomination of members to fill vacancies. (2) The CIP nominating committee shall solicit applications for vacancies on the CIP by disseminating public notices in English, Spanish, and Creole throughout the community and through the media and the t NET nffiG In addition, applications may be submitted to the CIP directly by members of the city commission and community based, civic, and social service groups, leagues, and organizations, provided that any such application shall be evaluated without regard to the individual or entity that solicited or submitted the application. City of Miami Page 4 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 (d) Appointment of the CIP nominating committee. (2) The CIP nominating committee shall reflect the diversity of the city. a. In the event the CIP does not include at least one member representing each of the five city commission districts, then the CIP shall fill vacancies on the nominating committee with members of the general public who permanently reside in, own real property in, or work or maintain a business in the unrepresented districts. To fill such vacancies, the CIP shall solicit applications by disseminating public notices in English, Spanish, and Creole throughout the community and through the media and the ty"s NET nf,.with an emphasis on the unrepresented district or districts. In addition, applications may be submitted by community based, civic, and social service groups, leagues, and organizations. Section 6. Chapter 13 of the City Code is amended in the following particulars:' "CHAPTER 13 DEVELOPMENT IMPACT AND OTHER RELATED FEES ARTICLE I. IN GENERAL Sec. 13-5. - Definitions. General Services System Improvement means system improvements that add capacity to the city's administrative office space capital equipment and vehicle fleets for the following departments: Building, code enforcement, NET-, economic development, city attorney, CIP, GSA, innovation and technology, parks, public works and solid waste. Section 7. Chapter 17 of the City Code is amended in the following particulars:' "CHAPTER 17 ENVIRONMENTAL PRESERVATION ARTICLE I. - TREE PROTECTION IN GENERAL Sec. 17-4. Tree permit applications, requirements, review, and fees. City of Miami Page 5 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 (e) Notice. Within 48 hours of issuing the intended decision for a tree permit, the department shall notify the applicant and post a notice of the intended decision on or adjacent to the subject property in a location where it is visible to the general public. The posting shall provide a general description and location of the proposed tree activity contained in the tree permit. The intended decision shall also be sent to the homeowners' associations registered with the noi`rhbGFhnnrl onh�nnomon4 team �City in that area. ARTICLE II. - ENVIRONMENTAL PRESERVATION DISTRICTS Sec. 17-39. Public notice of applications for special certificates of approval. (3) Published notice. The published notice shall contain a description of the activity and the time and place of the hearing. Publication shall be made in the following: Such publications shall be made not less than ten days in advance of the public hearing and shall be prepared and paid for by the city. These publications shall be sent to the NET ^eta City Manager's Office or its designated City Department for distribution to the registered homeowners' associations. Section 8. Chapter 18 of the City Code is amended in the following particulars:' "CHAPTER 18 FINANCE ARTICLE III. - CITY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-119. Unsolicited proposals. (e) Public notice. If the city receives an unsolicited proposal for a qualifying project pursuant to this section and the city desires to enter into an agreement with the private entity or consortium of private entities submitting same, the city shall first notify the commission of the receipt of said unsolicited proposal by placement of a City of Miami Page 6 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 discussion item on the next available commission meeting agenda. Upon the commission's approval to proceed with said unsolicited proposal project, the city shall publish public notice in the Florida Administrative Register and a newspaper of general circulation at least once a week for two weeks stating that the city has received an unsolicited proposal and that the city will accept other proposals for the same qualifying project. The city shall additionally furnish a copy of the same notice to any homeowners or neighborhood associations currently registered with the cityLs NeighbGFhnnrl Cnh;nnomon4 Team ("NET-2) n#i`+o in the designated area. The city shall set forth in each such request for proposals the criteria to be evaluated and how such private partner shall be selected from the proposals submitted. The entity submitting the original unsolicited proposal may submit a more detailed proposal in response to the city's notice. The timeframe for allowing other proposals shall be no fewer than 21 days but no more than 120 days after the initial date of publication. A copy of the notice must be mailed to each local government in the affected area of the qualifying project which shall mean Miami -Dade County and/or any municipality and/or special district in which all or a portion of the qualifying project is located. *„ Section 9. Chapter 22 of the City Code is amended in the following particulars:' "CHAPTER 22 GARBAGE AND OTHER SOLID WASTE ARTICLE I. IN GENERAL Sec. 22-1. Definitions. Enforcement officer. The words "enforcement officer" shall mean designated agents of the city manager, acting by and through him/her, including but not limited to, sanitation inspectors, code enforcement inspectors, and police officers, NET AdmiRiStFateFs and NET i F1speGtGrG Neighborhood cleanups. The words "neighborhood cleanups" shall mean periodic intensive removal of litter, debris and other solid waste material from a designated area of the city, initiated or approved by the city, its NET effinoc and/or recognized community based organizations or associations including special event activities citywide. Sec. 22-2. Collection services, container usage, condition and requirements for placement location; city and commercial solid waste services. City of Miami Page 7 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 Any franchisee providing waste collection services who will be discontinuing its collection service to a commercial property shall give the department of code enforcement and 4E-T seF��centelr fel: areavAhleleselrvi^o vVi" ho dis-s^vvvrrtinuea, the City Manager's Office or its designated City Department at least seven business days' prior notice of its intention to discontinue such service. The franchisee shall additionally mail to the owner, occupant, tenant or lessee of the commercial property a notice that it is discontinuing waste collection services for that commercial property. Duplicate copies of this notice shall be simultaneously mailed by the franchisee to the department and t4a NET ser��center fAr ;;rea�rrte Q sav^'rhrse;i^ the City Manager's Office or its designated City Department. A commercial property which does not have current waste collection services being furnished shall be subject to having an administrative service fee imposed pursuant to section 22-93. ARTICLE VIII. - HANDBILLS Sec. 22-182. Distribution of commercial handbills during certain events prohibited; penalty; enforcement. (a) It shall be unlawful for any person, firm, corporation or other legal entity to post, display or distribute any commercial circulars, handbills, printed or written matter relating to any business or commercial activities at any event with an attendance of 15,000 or more persons, on any property or facilities owned or operated by or for the city, or within a 1,000-foot radius in or around the property, facility or venue, without first obtaining a written permit issued or authorized by the ReighbGFhnnrl onh;n^omon4 team rCitv Manager's Office or its designated City Department, provided that the provisions of this section shall not be applicable to licensees, concessionaires, lessees or agencies of the city. *„ Section 10. Chapter 31 of the City Code is amended in the following particulars:' "CHAPTER LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS ARTICLE IV. SHOPPING CARTS Sec. 31-82. Administration and enforcement. Except as otherwise provided, the provisions of this article shall be administered and enforced by the city's code compliance department and Rei`YhbeFheed eRhaRGeFne Rt tearrm City of Miami Page 8 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 . However, in enforcing the provisions of this article, any employee of the city may remove, or cause the removal of a cart, or parts thereof, from public property. Sec. 31-83. Methods of compliance. (d) A copy of the plan shall be submitted to the assigned NET effi` ea of the premises City Manager's Office or its designated City Department for review and approval. Sec. 31-86. Uncollected carts. (d) A cart without identification markings and which has been noticed pursuant to the requirements of this section shall be considered abandoned after 18 hours from the date and time of the notice to retrieve the cart and the abandoned cart may be sold if still uncollected in accordance with the City Code and F.S. ch. 705, or may be disposed of in any manner (including discarded) as determined by the code compliance department Ar NET. Sec. 31-88. Removal, storage, and disposal of carts found on public property. (b) After the city has removed identifiable carts from public property, the code compliance department Ar NET shall promptly provide written notice by regular mail to the owner at the address designated on the cart's identification markings. If the cart has no identification markings but the owner can otherwise be readily determined by other distinguishing characteristics or notice to the city, the code compliance department eF NET shall mail the notice to the determined owner. The notice shall be deemed complete upon mailing and posting by the code compliance department N€T and receipt of the notice by the owner is not required. Section 11. Chapter 35 of the City Code is amended in the following particulars:' "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC ARTICLE III. PARKING METER ZONES DIVISION 1. GENERALLY City of Miami Page 9 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 Sec. 35-96. Designation of certain zones; installation of meters. (b) Except where proposed paid parking zone(s) will be within 250 feet of a T3-R, T3-L or T3-0 transect zone, a notice as provided herein of the proposed paid parking zone(s) is not required. In areas within 250 feet of a T3-R, T3-L or T3-0 transect zone, notice must be provided along with an opportunity for submittal of written comments from property owners and/or registered associations as defined in this section in the affected area(s). Such notice shall be sent via certified mail return receipt requested and regular mail prior to any new installation of the paid parking zone(s). (1) For purposes of this section, owners in the affected area(s) shall mean persons who are the fee simple owners of the properties in the affected areas. For purposes of this section, affected area(s) shall mean properties who are located within 250 feet of the property lines of the land for which the notice under the provisions of this section is being requested, as applicable. The public notice will be afforded only when the proposed paid parking zones are to be located within 250 feet of a T3-R, T3-L or T3-0 transect zone and shall consist of notice by certified mail, return receipt requested to the affected owners at least 30 days before any paid parking zone(s) installation. The applicant for the paid parking zone placement shall be charged the cost of the appropriate fee for the notices. The applicant shall be the public agency or instrumentality who is seeking the designation of a paid parking zone within 250 feet of the above listed T3 transect zones. Additionally, the applicant shall obtain a list from the cnh�nnomon4 team ("NET-2) City Manager's Office or its designated City Department of the registered neighborhood and/or homeowners associations ("registered association(s)") applicable to the property for the application in question and shall notify the official representative of such registered association(s). Registered associations who wish to receive such notice must register on an annual basis at +heir'^^^' NET ^ff;^o the City Manager's Office or its designated City Department. ARTICLE IX. VALET PARKING Sec. 35-302. Definitions. Sec. 35-305. - Permit application. City of Miami Page 10 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 Applications shall be forwarded by the director to all city departments which may be affected by the granting of the permit, including but not limited to, resilience and public works, building; planning and zoning1 ; police1 ; and risk management_ ; ` eFFespeR 7iRg NET e#i`- ap,d.-The city departments shall `""thin 45 G.io ,gar days review and submit comments on the application(s) bank to the department within 45 calendar days. Sec. 35-307. - Standards and criteria for application review. (4) Mobile stands, tables, chairs, umbrellas, keyboxes and any other objects necessary for the operation of the valet parking service shall be of quality, design, materials, and technique, both to ensure the safety and convenience of users, and to enhance the visual and aesthetic quality of the urban environment. Design, materials, and colors shall be sympathetic and harmonious with an urban environment. The 4E-T administrator City Manager's Office or its designated City Department and the director of the city planning and zoning department shall be responsible for the review and approvals required by this subsection. Section 12. Chapter 39 of the City Code is amended in the following particulars:I "CHAPTER 39 PEDDLERS AND ITINERANT VENDORS ARTICLE II. SIDEWALK AND STREET VENDORS Sec. 39-33. Limitations within the Downtown Miami special vending district. (5) Vending zones. b. Location of vending zones. 1. There shall be a maximum of 75 vending zones in this district, with 25 allotted to each of those areas to be known as A, B, and C. Vending zones shall be delineated by the DDA in cooperation with the resilience and public works department and the , ewRt„WR NET „rfiGe based upon the following criteria: 2. No vending shall be permitted within the Downtown Miami special vending district except within the sidewalk areas specifically designated on the official map attached to Ordinance No. 11212 as composite City of Miami Page 11 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 "exhibit A." Said vending maps, as amended, shall be the official vending zone locator for this district and shall be kept in the office of the city clerk with certified copies being furnished to the city of Miar4 rl�r nin Neighber�d- h;nn TleRtTearn (N�\ nf�tho executive director, ;;Ad he director, and the City Manager's Office or its designated City Department. 3. Substitute locations amending said map may be considered and approved by the executive director on a case -by -case basis if such locations are in compliance with all the provisions of this article and other applicable regulations. The revised location map shall be immediately filed with the city clerk and copies sent to the dAWA44WA nICT adminic4rro4nr ;nrl the director and the City Manager's Office or its designated City Department. c. Lottery. The DDA shall establish and the executive director shall supervise a lottery system whereby those persons possessing, as conditions precedent to participating in the lottery, valid and appropriate state licenses (upon required inspections, from the state department of business and professional regulation for the sale of prepared food, and/or the state department of agriculture for the sale of prepackaged food, or their successor agencies), an local business tax receipt, appropriate state and local sales tax certificates and DDA pushcart certification shall be publicly chosen by chance for vending zones in this district. The executive director, ^r In ninon nin NIFT ;;dmini5;4r;;4nr the City Manager's Office or its designated City Department shall assign each vending zone a number corresponding to a location on the appropriate vending map. All qualified vendors shall have their names placed into containers for a public drawing by the executive director or his or her designee to determine which location shall serve as the vending zone for each vendor for the franchise period. At the conclusion of the franchise period all franchise rights shall end and all franchises shall be subject to a new lottery. 3. Utilizing the standards and criteria set forth in this article, the DDA may promulgate such reasonable supplementary rules, regulations and/or procedures as are necessary to implement and effectuate the herein lottery and vending zone assignment process, which shall include participation by a representative of the Downtown Miami Partnership. Said supplementary rules, regulations and procedures shall be filed with the city clerk, and also made available at the DDA and the deWRt,,WR NET „ffiGe City Manager's Office or its designated City Department. 5. All franchise documents are nontransferable. Sale of a majority of stock in a corporate franchise by stockholders listed on the franchise application or sale of a majority interest in a partnership as listed on City of Miami Page 12 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 the franchise application shall be deemed a transfer of the franchise, which is prohibited. The franchise document shall be in the possession of the vendor and immediately accessible at all times, and shall be displayed to a police officer; or code enforcement officer of rinnin4nnin nAi�mi ..—ghberheed Cnh;nnomon4 Team ("NET-2) nffinial upon request. Failure to immediately provide this document, along with a valid local business tax receipt, the pushcart certification required by subsection (2) of this section, sales tax certificate(s) required by subsection (16) of this section, and appropriate current state inspection license(s) shall be grounds for immediate removal of the pushcart from the vending zone and district, suspension of the franchise and initiation of local business tax receipt and franchise revocation proceedings by the executive director or NET ad-ministrate City Manager's Office or its designated City Department. (f) Unauthorized absence from a designated vending zone shall constitute a basis for suspension and revocation of a franchise document. Upon certification by the executive director or "ACT Iminic4ra4nr the City Manager's Office or its designated City Department that a vending zone has been unoccupied for a continuous period of 15 days for reasons other than those mentioned in subsection (5)c.5 of this section or section 39-29, the executive director or NET ad-mipistFater City Manager's Office or its designated City Department shall notify the vendor of the intent to revoke the vendor's franchise unless clear evidence of vending activity during the 15-day period in question is provided to the executive director or NET admipistrater City Manager's Office or its designated City Department. Subsequent to ten-day notice mailed by certified mail to the address shown on the vendor's lottery application form, the executive director shall conduct a hearing and may revoke the vending franchise and reward the franchise to a different vendor, pursuant to a posted notice lottery, for the balance of that franchise period. The vendor subject to such revocation may appeal said decision in the same manner provided in section 54-230. An appeal shall not stay an order banishing a pushcart or franchisee. (g) Any franchisee incurring three written notices of violation of this article within a two-year period shall be the subject of the following franchise revocation proceedings: 1. When violations occur, the franchisee shall be notified by the executive director, his/her designee, or dewnto w n NET „ffiGe the City Manager's Office or its designated City Department in person or via certified mail. The first violation notice or citation shall be a reprimand; the second violation notice or citation shall be a warning; the third violation notice or citation shall result in an automatic revocation of franchise document, immediate removal of the franchisee's pushcart from the district, and banishment of the violator from the district for a period of one calendar year. Sec. 39-34. Limitations within the Coconut Grove special vending district. City of Miami Page 13 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 (3) Vending zones. a. Quantity and location of vending zones. The number of vending zones shall not exceed ten. No vending shall be permitted in the Coconut Grove special vending district except within the sidewalk areas specifically designated on the official graphic attached hereto as "attachment A," as amended, and herein referred to as the "vending map." (Attachment A is not reproduced in the Code.) Substitute locations may be approved by the director of the department of resilience and public works upon a finding that such new vending zone(s) is in an unobstructed sidewalk area, and otherwise satisfies all provisions of this article and other applicable regulations. Such substitutions shall be based on findings by the director that such temporary or permanent relocation is warranted on health and safety grounds, or necessitated by rights -of -way improvement or private or public construction activity. This vending map, as amended, shall be the official vending zone locator for the district, and shall be kept in the office of the director, with copies furnished upon its adoption, and upon any amendment thereto, to the city clerk and the Gr NeighhnrhnnrJ Cnh;nnomon4 Team (NET-) G#iGe City Manager's Office or its designated City Department. c. Assignment of vendors to specific vending zones. 2. Lottery. i. The director shall establish and supervise a lottery system whereby those persons possessing a valid and appropriate local business tax receipt, appropriate state and local sales tax certificate(s), and planning sticker to vend shall be chosen by chance for vending zones in this district. The director or NET ad-mipistrb4nr the City Manager's Office or its designated City Departmen, shall assign each vending zone a sequential number corresponding to a clockwise circuit pattern of sequential locations on the vending map. All qualified vendors shall have their names placed into a container for a drawing by the director or NET administFater the Citv Manaaer's Office or its desianated Citv Department to determine which location shall serve as the initial vending zone for each vendor at the beginning of a franchise period. On the first day of each month following the first month of each franchise period all vendors shall relocate, via rotation, to the next vending zone in the aforementioned sequence. All franchise rights shall transfer to the new location and cease in the prior location upon such rotation. Said rotation shall continue for the duration of the franchise period. At the conclusion of the franchise period all franchises shall be subject to a new lottery. v. All franchise documents are nontransferable. Sale of a majority of stock in a corporate franchise by stockholders listed on the franchise application or sale of a majority interest in a partnership as listed on the franchise application shall be deemed a transfer of the franchise, which is prohibited. The franchise document shall City of Miami Page 14 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 be in the possession of the vendor at all times and shall be displayed to a police officer, or Code enforcement officer of (`nnnni i4 Greve Neinhbol i —d Cn, # Team (NET-) nffinial upon request. Failure to provide this document, along with a valid local business tax receipt, the planning, building and zoning department sticker required by subsection (7), and sales tax certificate(s) required by subsection (14), shall be grounds for immediate removal of the pushcart from the vending zone and district, suspension of the franchise and initiation of local business tax receipt and franchise revocation proceedings by the director or nICT arlministrater the City Manager's Office or its designated City Department. e. Unauthorized absence from a designated vending zone shall constitute a basis for suspension and revocation of a franchise document. Upon certification by the director or ^ICT Iminic4ro4nr the City Manager's Office or its designated City Department that a vending zone has been unoccupied for a continuous period of 15 days for reasons other than those mentioned in subsection (3)c.2.vi or section 39-29, the director or NET Iminic4ra4nr the City Manager's Office or its designated City Department shall notify the vendor of the intent to revoke the vendor's franchise unless clear evidence of proof of vending activity during the 15-day period in question is provided to the director. Subsequent to ten-day notice mailed by certified mail to the address shown on the vendor's lottery application form, the director or NET Iministra4nr the City Manager's Office or its designated City Department shall conduct a hearing and may revoke the vending franchise and reward the franchise to a different vendor, pursuant to a posted notice lottery, for the balance of that franchise period. The vendor subject to such revocation may appeal the director's decision in the same manner provided in section 54-230. Any franchise incurring three written notices of violation of this article shall be the subject of the following franchise revocation proceedings: 1. When violations occur, the franchisee shall be notified by the director of Gr+GGR t GFeye NET Gffino or the City Manager's Office or its designated City Department in person or via certified mail. The first violation notice or citation shall be a reprimand; the second violation notice or citation shall be a warning; the third violation notice or citation shall result in an automatic revocation of franchise document, immediate removal of the franchisee's pushcart from the district, and banishment of the violator from the district for a period of one calendar year. 2. Revocations may be appealed in the same manner provided in section 54-230. An appeal shall not stay an order by the director or NET the City Manager's Office or its designated City Department to remove a pushcart from the district. Sec. 39-37.1. Limitations within Biscayne Boulevard special vending district. (3) Vending of merchandise shall be prohibited from any type of vehicle or stand other City of Miami Page 15 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 than a pushcart of the specific types and construction shown and described on composite "Exhibit B," attached to Ordinance No. 11212. Said pushcarts shall satisfy the above criteria and be inspected and certified initially and on an ongoing basis by the director and NET the City Manager's Office or its designated City Department as having complied with this section. The director shall prepare a uniform pushcart certification form for usage in the district. (5) No merchandise, supplies, containers or any other items related to the vendor shall be placed anywhere within the public right-of-way other than on or concealed within the pushcart, with the exception of one folding chair or wooden stool of a type approved by the director and NET adminic4ro4nr the City Manager's Office or its designated City Department as compatible with the district's pushcart design requirements. (9) Vending is prohibited within the district between the hours of 1:00 a.m. to 10:00 a.m., and pushcarts shall not be located in the district during said hours. Further, vending shall not be permitted nor shall pushcarts be located within the district on event days except for a period of time beginning two hours immediately preceding, during, and two hours following authorized event(s). For purposes of this section, events, event days and event times shall be as determined by the managing office of the New Arena and published in the New Arena's Calendar of Events, or a like official publication. Problems occasioned by changes in event times occurring subsequent to the publication of said calendar, or errors therein, shall be ultimately resolved by the police department or niCT nffi,+o the City Manager's Office or its designated City Department utilizing the most recent official records of the New Arena's management. (13) Vending zones. b. Limitations within vending zones. 2. Each vending location shall approximate the size of one permitted pushcart and shall be clearly identified by a metal (brass) pin and washer embedded in its proper location within the public right-of-way by the department of resilience and public works' survey division. The director shall keep an updated file showing and listing authorized locations, along with appropriate graphics, available for public and governmental agency perusal and use, and provide the dewntewn NET GffiEe City Manager's Office or its designated City Department and the city clerk with a certified copy of the current file. c. Assignment of vendors to specific vending zones. 1. Franchise rights. Vending zones within the district shall be occupied only by licensed vendors willing to pay the city for the opportunity and franchise right to vend, exclusively, from designated vending zones in the Biscayne Boulevard special vending district, subject to applicable City of Miami Page 16 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 rules, regulations, ordinances and statutes governing vending. There shall be a franchise fee due of $50.00 per month, for a total of $600.00 per franchise period, for franchises. As a condition precedent to receiving a franchise, the total amount due for the franchise period shall be paid in full. Payment shall be by cashier's check, bank certified funds, or money order payable to the city. Failure to tender required payment on the date of the lottery shall invalidate such award and vacate the vending zone. All franchise fees shall be paid at the dAwAtAwA WFT nffi`+o City Manager's Office, its designated City Department, or its successor entity. 2. Lottery. i. The director shall establish and supervise a lottery system whereby those persons possessing a valid and appropriate local business tax receipt, appropriate state and local sales tax certificate(s), shall be chosen, by chance, for vending zones in this district. The director shall assign each vending zone a sequential number corresponding to a north to south and east to west rotation pattern of sequential locations on the vending map, which shall correspond to "Attachment A" of Ordinance No. 12002, as amended. All qualified vendors shall have their names placed into a container for a drawing by the director, er NET a dminic4ra4nr the City Manager's Office, or its designated City Department, to determine which location shall serve as the initial vending zone for each vendor at the beginning of a franchise period. On the first day of each month following the first month of the franchise period, all vendors shall relocate, via rotation, to the next vending zone in the aforementioned sequence. All franchise rights shall transfer to the new location and cease in the prior location upon such rotation. Said rotation shall continue for the duration of the franchise period. At the conclusion of the franchise period all franchises shall be subject to a new lottery. v. All franchise documents are nontransferable. Sale of a majority of stock in a corporate franchise by stockholders listed on the franchise application or sale of a majority interest in a partnership as listed on the franchise application shall be deemed a transfer of the franchise, which is prohibited. The franchise document shall be in the possession of the vendor at all times and shall be displayed to a police officer, code enforcement officer, dGWRt„WR NET „ffiGial or resilience and public works department representative upon request. Failure to immediately provide this document, along with a valid local business tax receipt, pushcart certification and sales tax certificate(s), shall be grounds for immediate removal of the pushcart from the vending zone and district, suspension of the franchise, and initiation of local business tax receipt and franchise revocation proceedings by the director or dGWRtGWR NET adFFliFIistFat9r the City Manager's Office or its designated City Department. City of Miami Page 17 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 e. Unauthorized absence from a designated vending zone shall constitute a basis for suspension and revocation of a franchise document. Upon certification by the director�^r r7GWRtnWn NET administrate: the City Manager's Office, or its designated City Department that a vending zone has been unoccupied for a continuous period of ten (10) event days, for reasons other than those mentioned in subsection (13)c.2.vii or section 39-29, the director or dewptewp niFET ad-ministra+nr the City Manager's Office or its designated City Department shall notify the vendor of the intent to revoke the vendor's franchise unless clear evidence of proof of the vendor's activity during the ten event -day period in question is provided to the director. Subsequent to ten-day notice mailed by certified mail to the address shown on the vendor's lottery application form, the director shall conduct a hearing, and may revoke the vending franchise and reward the franchise to a different vendor, pursuant to a posted notice lottery, for the balance of that franchise period. The vendor subject to such revocation may appeal the director's decision in the same manner provided in section 54- 230. f. Any franchise incurring three written notices of violation of this article shall be the subject of the following franchise revocation proceedings: 1. When violations occur, the franchisee shall be notified by the director or In ninon nin nICT nffi/+o the City Manager's Office or its designated City Department in person or via certified mail. The first violation notice or citation shall be a reprimand; the second violation notice or citation shall be a warning; the third violation notice or citation shall result in an automatic revocation of franchise document, immediate removal of the franchisee's pushcart from the district, and banishment of the violator from the district for a period of one calendar year. 2. Revocations may be appealed in the same manner provided in section 54-230. An appeal shall not stay an order by the director or NET effor--a the City Manager's Office or its designated City Department to remove a pushcart from the district. *„ Section 13. Chapter 54 of the City Code is amended in the following particulars:' "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE IX. - COCONUT GROVE SPECIAL EVENTS DISTRICT Sec. 54-341. Created, restrictions; application and approval required. (d) Application for special events; approval required. Applications for special events in the district must be submitted to the city manager or its designated City Department dmiFlis#ater for the district who will coordinate and secure comments from other affected city departments and agencies. The completed application shall be City of Miami Page 18 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 submitted annually at least 120 days, but not earlier than 360 days prior to the event. Provided, however, applications for events held in prior years shall be given preference for the same dates, week or weekend previously used. (3) The BID board retains the right to reject an application, including but not limited to, whenever the, NET ad-minic4ra4nr nr n+hor a city department makes an adverse recommendation due to failure of the proposed application to provide the necessary safeguards to the citizens and residents of the district and/or to district property/facilities. An applicant whose application has been rejected by the BID board, may make application to appeal the BID board's decision to the city commission if filed within five days after the BID board's decision is issued. (4) At the time of application, each applicant is required at a minimum to submit the following information and documentation. Provided, however, additional information and documentation may be required as determined by the director, ^SET a dminic4ro4nr or aDy Gther city department. ARTICLE XI. USE OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY TELEPHONES Sec. 54-420. Location and placement of pay telephones. (f) Upon receipt by the director of resilience and public works of a written complaint by a citizen or oral or written communication from a representative of the police department, department of fire -rescue, the department of resilience and public works, neighbeFhee d eRhaRGe vmeRt team (NET) seFViGe Ge Rter or other city code enforcement personnel that the location and use of a pay telephone constitutes a public nuisance, in accordance with chapter 46 of the Code, as amended, 30 calendar days after proper written notice is given to the permittee, the director may require that the pay telephone to be restricted to outgoing calls only. Permitted shall, within 30 calendar days after proper written request is given by the department, seek permission from the public service commission to restrict the pay telephone to outgoing calls only. Permittee shall restrict the calls to outgoing calls within ten calendar days after receiving permission from the public service commission to do so. Sec. 54-422. Pay telephone permit revocation; removal generally and storage costs. (a) Upon receipt by the director of resilience and public works of a written complaint by a citizen or oral or written communication from a representative of the police department, department of fire -rescue, department of resilience and public works, ReighbeFheed eRhaRGerneRt tearn (NET) seFViGe GeRter or other city code enforcement personnel that a pay telephone fails to comply with the terms of this article or other provision of the Code, as amended, including but not limited to, failure City of Miami Page 19 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 to obtain a pay telephone permit, the director shall conduct an investigation into the complaint. Section 14. Chapter 62 of the City Code is amended in the following particulars:' "CHAPTER 62 PLANNING AND ZONING ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED DIVISION 1. TEMPORARY EVENT PERMITS Sec. 62-522. Permit application process, possible determinations and referrals. (b) Temporary event referrals. The designee shall make referrals as specified herein based on the nature of the application. (4) foam /AICTI Roforral to the apprepriate NET effine far reayiew and appreval of eneratienal plan �e,hinh shall innli idle ni .m. of trash reneetanles and their Ienat,ensj frees Tenn" of trash oink UP; name and 'ail hei it telephone Fl ,umber of nentant eercen reSPGRsihle fed handling ma,ntenanne and/er ervmereenn" iss sec• ne,ce Gentrel mead Tres; and aRy ether spenifin ne Flsiderat,enc that the NET ai-IrrmiFlis#ater deerrmc nenessar" in ender to make an infe FFneld renerrmrFle F1datien based en the Rats ire of the appliGatiE)R- (5) Other. Referral to other city agencies or governmental agencies with the necessary expertise which the director of parks and recreation GF NEB requires, based on the nature of the application, in order to make an informed decision. Sec. 62-523. - Informal notice and hearing. (2) Courtesy notice to registered neighborhood and/or homeowner associations. All neighborhood and/or homeowner associations that wish to receive a courtesy notice of temporary event permit applications in their areas, shall register with the# neighherheed enhannement team (NET) effine the City Manager's Office or its designated City Department on a yearly basis. Such registration shall consist of a letter to the aeelinahle NET effine the City Manager's Office or its designated City Department in which the association shall request such notification and shall specify City of Miami Page 20 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 the name, address, telephone number and electronic mail (E-mail) address of the official representative of the association, designated to receive said notice and a list of all the officers of said association. (3) At the time of initial application, the applicant shall obtain the list of all registered neighborhood and/or homeowner associations from the applicable NET nffi`+o area and shall notify the official representatives of all such registered associations in writing, by certified mail, of the application. The applicant shall submit with the application with said certified receipts. DIVISION 2. TEMPORARY OCCUPANCY Sec. 62-530. Informal notice and hearing. (2) Courtesy notice to registered neighborhood and/or homeowner associations. All neighborhood and/or homeowner associations that wish to receive a courtesy notice of temporary permit applications in their areas, shall register with their ReighbArhAAd Gr1h7Y G_+_Ql 1QY1t team (NET-) effino the -City Manager's Office or its designated City Department on a yearly basis. Such registration shall consist of a letter to the applicable NET effir+o City Manager's Office or its designated City Department in which the association shall request such notification and shall specify the name, address, telephone number and electronic mail (E-mail) address of the official representative of the association, designated to receive said notice and a list of all the officers of said association. (3) At the time of initial application, the applicant shall obtain the list of all registered neighborhood and/or homeowner associations from the applicable NET effi` e. City Manager's Office or its designated City Department and shall notify the official representatives of all such registered associations in writing, by certified mail, of the application. The applicant shall submit with the application with said certified receipts. DIVISION 4. INTERIM PARKING Sec. 62-543. Temporary permit required for approval. (2) Short-term event parking. Short-term event parking means parking permitted as a conditional use on non -residentially zoned lots, within a 1,500-foot radius of the major public facility they are intended to serve, pursuant to a temporary permit subject to the applicable criteria in division 2, and only in conjunction with major public facilities such as major sports facilities, arenas, exhibition centers, performing arts centers and any other such major public facility whose scale and operation warrant the use of interim parking facilities on an event -by -event basis versus daily year-round use. However no such short term event parking shall be City of Miami Page 21 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 located adjacent to, abutting or across the street from single family zoned property. Renewals may only be granted by the city manager or designee upon findings and recommendations by the director of the department of planning and zoning that such renewals are in the best interest of the city for reasons related to insufficient parking within proximity of a major public facility. At such time that renewals are granted, the city manager may include conditions to mitigate safety concerns that arise as reported by the NET ad_FniRistrater, code enforcement or the city police department that pertain to the particular parking facility in question. Such mitigation requests of the applicant shall be limited to the following: (i) improvements to or addition of pavement and striping; (ii) erection of lighting to the site in compliance with applicable governing requirements; (iii) the addition of a three- to five-foot landscaping buffer around the parking lot's perimeter; and (iv) the addition of aluminum or galvanized steel fencing around the parking lot's perimeter. Parking spaces provided as interim parking shall not be counted toward meeting required parking for any such major public facility, unless parking spaces are either owned, controlled, or under agreement for use by the major public facility it serves. (3) Interim special use parking. Interim special use parking means parking permitted as a conditional use on non -residentially zoned lots, within a 1,500-foot radius of the special uses they are intended to serve, pursuant to a temporary permit subject to the applicable criteria in division 2 above, and only in conjunction with uses such as special entertainment districts, historic districts which consist predominantly of non -residentially zoned properties, government facilities or institutional uses whose scale and operation warrant the daily year round use of interim parking facilities rather than temporary special event uses. However no such interim special use parking shall be located adjacent to, abutting or across the street from single family zoned property. Special use areas may also include other public or private attractions and uses that are over ten acres in size that could benefit from interim parking such as a dog track, amusement park or flea market. Yearly renewals for short-term event parking and interim special use parking may be issued annually by the city manager upon findings and recommendations by the director of the departments of planning and zoning that such renewals are in the best interest of the city for reasons related to insufficient parking within proximity of the special uses. Renewals may include conditions to mitigate safety concerns that arise as reported by the NET „dmiRiStFater code enforcement or the city police department that pertain to the particular parking facility in question. Such mitigation requests of the applicant shall be limited to the following: (i) improvements to or addition of pavement and striping; (ii) erection of lighting to the site in compliance with applicable governing requirements; (iii) the addition of a three- to five-foot landscaping buffer around the parking lot's perimeter; and (iv) the addition of aluminum or galvanized steel fencing around the parking lot's perimeter. Parking spaces provided under this type of interim parking facility shall not be counted toward meeting required parking for any such special use they serve, unless such parking facility is in full code compliance. DIVISION 8. TEMPORARY BANNERS Sec. 62-620. Permitting process. City of Miami Page 22 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 (c) Notice. The applicant must send notice of the application in a form approved by the city, by certified mail, at the time of the initial application to the following parties: (2) All neighborhood and homeowner associations which are registered with the NeighbGFhnnrJ Cnh;n^omon4 Team (NET-) nffi^o City Manager's Office or its designated City Department on a yearly basis that wish to receive a courtesy notice of a temporary banner application in the area where the banner is to be placed. DIVISION 10. GARAGE SALES Sec. 62-623. Definitions. Property owner means the person or entity having title to the real property in question, or the manager of the property when the property owner has authorized the manager to maintain and operate the property and has so informed the ^ity'^ NET nffi^o City Manager's Office or its designated City Department in writing. For condominium buildings, the term "property owner" shall mean the condominium association. Sec. 62-624. Permit. (b) All persons wishing to obtain a garage sale permit shall submit an application with aRY 9f the ^ity'S NET effi^oc City Manager's Office or its designated City Department. A permit may be obtained at no cost to the property owner. *„ Section 3. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the City Code, as amended, which provisions may be renumbered or re -lettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of the Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately upon adoption and signature of the Mayor.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 23 of 24 File ID: 12574 (Revision:) Printed on: 212112023 File ID: 12574 Enactment Number: 14138 APPROVED AS TO FORM AND CORRECTNESS: 1 Vft6ria-Vrdel, City Attor iey 11/29/2022 City of Miami Page 24 of 24 File ID: 12574 (Revision:) Printed on: 212112023