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Home My WebLink AboutO-104890 J-88-957 10/6/88 ORDINANCE NO. 10489( AN EMERGENCY ORDINANCE REPEALING CERTAIN PROVISIONS OF SECTION 1 OF ORDINANCE NO. 10454, ADOPTED JULY 14, 1988, WHICH AMENDED SECTION 62-55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ON THE SUBJECT OF PUBLIC NOTICE FOR CERTAIN PUBLIC HEARINGS; AND RESTORING REQUIRED MAIL NOTICE OF CERTAIN PUBLIC HEARINGS TO PROPERTY OWNERS WITHIN THREE HUNDRED AND SEVENTY-FIVE (375) FEET OF PROPERTY LINES FOR WHICH SUCH PUBLIC HEARING IS REQUIRED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; DISPENSING WITH REQUIRED SECOND SEPARATE READING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission on July 14, 1988, adopted an Emergency Ordinance amending sections of the City Code Section 62-55 relative to newspaper publications of Notice provisions for certain public hearings and repealing another portion of said Section 62-55 pertaining to mail notice requirements relative to said public hearings; and WHEREAS, the City Commission is presently engaged in a review of public meeting Notice procedures of the City; and WHEREAS, the City Commission finds that it is advisable and in the best interest in the citizens of the City of Miami to reinstitute the practice of sending mail notice to property owners within 375 feet of the property line of any property which is the subject of public hearings before certain boards and the City Commission; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Except for the provisions of Section 1 of Ordinance No. 10454, adopted July 14, 1988, specifically pertaining to "Newspaper Publication," said Ordinance No. 10454 is hereby repealed in its entirety. Section 2. Section 62-55 of the Code of the City of Miami, Florida, as amended, is hereby amended by restoring the following language as hereinafter set forth: l/ "Sec. 62-55. "CHAPTER 62 Zoning and Planning Same - Types. The requirements for the types of. Public Notice are as follows: (3) Mail notice, Notice of the time and place of the public hearing by the planning advisory board_, zoning board, or city commission, as the case may be, shall be sent at least ten (10 ) days in advance of the hearing by mail to the owner of the subject property or his designated agent or attorney, if any. Notice of the time and place of the public hearing by the planning advisory board, zoning board, or city commission, as the case may be, shall be sent at least ten (10) days in advance of thehearing by mail to all owners of property within three hundred seventy-five (375) feet of the property lines of the land for which the hearing is required. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the city. The director of administration for planning and zoning boards shall certify at the time of the public hearing that notice as herein required was given to the persons as named and with addresses shown on his certification by the placing in the mail system of the United States on the date certified the required notice; the certification shall be conclusive of the giving of mail notice, and no action taken by the planning advisory board, zoning board, or the city commission, as the case may be, shall be voided by the failure -of -an individual property owner to receive such mail notice. +-3+(4) Additional and optional notice. The planning advisory board, zoning board, or city commission, as the case may be, may give additional and optional notice as may be deemed proper for the circumstances involved for the particular hearing, but such additional notice shall not be deemed as legally required. Where such additional or optional notice is given, failure of an individual property owner or groups of__property owners or residents to receive or be aware of such notice shall not void anv action taken by the zoning board, planning advisory board, or the city commission, as the case may be." Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase or work of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. 1/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. Astericks indicate omitted and unchanged material. N It Section 4. This ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami. Section 5. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less that four -fifths of the members of the City Commission. Section 6. This ordinance shall take effect immediately upon adoption and publication. PASSED AND ADOPTED this 6th day of October , 1988. VIER L. SUAREZ MAYOR CITY CLERK PREPARED AND APPROVED BY: ),j T, 6. d-�/ J,60L E. MAXWEL A SISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: M W do, , 0- JOR E L4 FERN NDEZ CITY ATTORNEY I, ;�&iltty Hirai, (,. CAC-14 fll:. city Of i 1ia,_l) . i, JEM/db/M399 t t 1: i;: ..... .. '? •t ` is k ..... ,... I'V l i.. •.:�::' _� ili_ :i.l!'.i4 `:i,t.� !? :i[�reC:1:1i C. 7f u(1Ii <.e •v C;��arl; a MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI Re: Ordinance No. 10487 In the ............ X X. X.. X.................... Court, was published In said newspaper In the Issues of October 17, 1988 Afflant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant iI"yr says that she has neither paid nor promised any person, r or corporation any discount, rebate, commission or refu d or the purpose of securing this advertisement for publicf 1 in the I ngy 9er. 44•r.ZTy..�-c. Sworn td end'subalbed before me this OCtO r;' _� , A.D.19. 8.8. arat Sanchez �i� • • .fyp(Ai Qttf3lJci`State of Florid t Large (SEAL) ijF(O R ID �,``�� My Commission d>E�ilf 11f1�r�e 21, 1991. MRM14A MiAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF PIMA Re: Ordinance No. 10489 In the ........... X ..X . ,X..................... Court, was published in said newspaper in the Issues of October 17, 1988 Afflant further says that the said Miami Review is a newsAaper published at Miami in said Dade County, Florida, and paper the said newspaper has heretofore been continuously published in said Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first blication of the attached copy of advertisement; and afflont 'rig r says that she has neither paid nor promised any perso ,fir or corporation any discount, rebate, commission or re and or the pu�rp ose of securing this advertisement for `publi as In the 'H�q q9'r; ,n , . SANv • �Sworn totoyand subsctl&ed before me this 17....yw• CTCtaLS aa r... r..: cu.�.. ��A.D.,s... 8.8. ' np? Sanchez yoga pa We a of Flori a Large (SEAL) '��i� 4 GRiD P``��•�• My Commission e�c�itbgUah1j`21, 1991. MR '414A