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HomeMy WebLinkAboutO-08041ORMNANdt AN OROI fiANCE ARMING SECP±ONS 27-8► 27-10 and 27-11 OP THE CObt OP PIE CITY of MtAMi , E Lb1IbA, 'OR THE PUAPOSE OR Pt20VI15INO ADDITIONAL REQUIRE- MENTS RELATIVE TO AFFLICATIONs TO PILL SUBMERGED ANb BORbERINO UPON OR LYING IN BIsCAYNE PAY'. PA0VIi5IN0 A PENALTY; REPEALING ALL ORDINANCES, CODE SECTIONS OR FARTS 'THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONPLICT; CONTAINING "A SEVERABILITY PROVISION, WHEREAS, it is the desire of the City Commission to provide for additional requirements relative, to applications to fill submerged land bordering upon or lying in Biscayne Bay, NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Sections 27-8, 27-10 and 27-11 of the Code of the City of Miami, Florida, are amended, as follows: Sec. 27-8. Construction permit -- Petition to planning and zoning board --filing. Each applicant. for a construction permit to per- form work in the bay shall file a notarized petition with theplanning and zoning board in a form and manner prescribed by the secretary thereof. Such petition: shallset forth in detail the nature and scope of the work proposed to be doneby the applicant shall contain a notarized statement as to the intended use of the land after completion of the filling, said statement to be made by a person of authority whose statement constitutes a binding commitment upon the applicant, owners, lessors, lessees, mortgagees, or others having an interest in theland as filled and improved; shall include a certified list of all real property located in whole orin part within a three hundred seventy-five foot radius, and al.].' riparian upland real property lying within one thousand feet of the boundaries ofthe proposed work, together with the names and addresses of the owners of such property; and also written permission from the holder of the fee simple title of the real propertyfrom which any material is to be pumped or otherwise taken, (Ord, No. 6864, 9 4; Ord. No, S 1.) See. 2/..i0 Same-i4ame Hearing; determinist onsi At the tot time and plate,.the planning and zoning board shall conduct a public hearing pursuant to this article for the general purpose of hearing out the public on the propoeed work, and specifically to determine whether or not (1) the proviaion's of 'Chapter 25 , `lorida Statutes (8eetion 253.124, thereof, in particular), as said chapter and section are worded on the effective date of this ordinanceand as they may be amended, supplemented, changed, re -worded, re -designated or re- numbered thereafter, have been fulfilled; (2) there is any conflict with "The Miami ,Plan" or any other official- ly adopted plan; or (3) there is any conflict with any other statute, law, ordinance, regulation, rule or restriction that may be applicable thereto. The board shall hear all parties interested in any manner in the granting or dental of the petition, and may continue or recess such hearing as right and justice shall require. (Ord. No. 6864, S 5; Ord. No., :1)• Sec. 27-1 . same —Same Recommendations of board; Decision of City commission; issuance of petition. Based on a review of the statements of all interest- ed parties, and after due consideration of all, testimony, information and other data presented at the public hear- ing held pursuant to this article, the planning and zoning board shall promptly make its recommendation, in the form of a resolution prepared by the department of law, to the city commission. The board shall recommend either approval or disapproval of the applicant's petition, and shall accompany such resolution with all written testimony, and oral testimony reduced to narra- tive form, data and other exhibits adducedat the public hearing. The city commission shall review said recom- mendation receiving such additionaltestimony or evidence as may be deemed appropriate and shall render its decision approving or disapproving the applicant's petition. In the event the decisionis favorable to the applicant, the city commission shall' direct that a construction, permit for the work be issuedby the department of public works after the applicant has further complied with the provisions of this article. (Ord. No. 6864, S 6; Ord. No. S 1) Section 2.'' Any. person violating the provisions of Section.1 of this ordinance shall.` be fined or i;nprisoned, or both, fined and imprisoned in accordance with Sections 3(ea) and 59(b) of the Acts of Florida, Charter of the City of Miami (chapter 10847, 1925, as amended) and Section 1-6 of The Coda of the City of Miami Florida. Section 3, All ordinances, code sections or parts thereof in conflict herewith, insofar a they are in conflict, are hereby repealed. Section 4. If,'any section, sentence, clause, phrase, of word of thin ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the intent of the Commission of the city of Miami to pass this ordinance without such unconstitutional, invalid, or inoperative part therein; and the remainder of this ordinance, after the ex- clusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. PASSED AND ADOPTED BY TITLE ONLY this 17thday of February 1972. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 3rd day of March 1972. DAVID T. KENNEDY MAYOR Attest: H.D. SOUTHERN City Clerk O1c.: of 1 e pi' of t . agi, kl4x.t.; LoebY Y certif t,nat -on the l© "7 of 1144-s' A. D. 19 17-a full. trao and correct 3Qpy above and -forego7Ing orc inf:nco woo posted at the South. Door of the yids County court :ouea ,.t the . placo provd.ed for notices and > :b tety;lone by' atta41a.ihr nail copy to the pace prov{cad therefor. 7IT i4S my hand and the of cia1 ova . o still "3 t thle �� '' �y oi' 77,7eq- ' ._ . 19 '. . trite' . fi M� TIMINIMIIIIIIIIIINSOI.11111111111101111116. MIAMI NViCW AND DMU! RECORD PabttAid Bay imp! &wtgeitt gate td tenet ilot ya Arts bole at*. net& winCOVn tikribrfY OF D A' betas -hti ilRliAfilgffAd AilftlBlft�mg flOdeffed Fi. 'l3 JAlhftt who 'fill 'Seth sett hit e ft Viell+Piesidaftt_ bf tffi MIAMI RevJeW Land DAiq Ra edi .A datlq" fettle §et' ay, SUnday and' Legfll Handel*hawsperyif, pubnehed at MI i In, Dade C6Uhty h6ftdA; that- the feedhed tbpy bf Advertise= tflahti being a Legal . Adveftisemerit ter Notice in the Than" f of A . Adoption of Ordinance No, 8041 Re: Pro�ti41 g Additional Require/dents it enits To Pit.. i'E eorgot ..ti as nordorutg U:"tt or iy g i tiiea yne DV* etteifere.ee in the COC . Court, WAS published to said newspaper In the ISMS of Mai& 8,.1.97 Afi(bnt further; boys that the laid Mtefni tteutew and Daley, Meted is a newspaper, published at. Mlamt,' In, said Dade, County, Florida, end that the bald news- papaf bes.heretofore been continuously published In said Dade COUnty, Florida; each day (except- Seturdayi • Sunday end Legal Haltdeys) •end he% been entered ea seoond bless 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 edvertlsenteht; , and efient further says that he has neither peld nor• promised _any person. firm or corporation' any dis unt, . rebate, - commission or forfopub for the i thsea d how$pePftg edVertlabMeht 9wbrn tot Oct subscribed before mb this ...stk.., day of � ✓ t },r'C1 A, D. .....•...t...�:::�1':i:..t.Y:... a.... , 4 .,............................. Notary I>ubIk. metSiete f o a et Large. (SEAL) My Commission expires September 1, 1973. Ati : i'fite !eqt ii wftf tntc6 finite* titnt'tni.th, e 4 tiny ;tit ,Mterehy 19it tit t✓ii ttT igftl n 'fit Ttra L'Itt� nt.. itiatni, t i'tii tdA dotiti ttrtihahee entitled A. 61tbitvA'kili~eittu- 1tdo ,SE&Mot4 tilt ;-lri ' 2 AIv'i3 -i1 GP .!O1)1i GP ! t1 Y Or: tat�AMN1, 1 LbilttSA� PGA wit, POSE Obi PPOt'1bt tt Abibt't'YONAb litt)11114P,, 11FfrT�i tiFLA'tti ll 'O, AP.. PLICAfii G. �l'C) . 'FILL t.t. titSCAlltt t3A1; tiff VttstN0.,A..1'1;tALT PgAtrtNG :: Atli,: OItbt� NANCI?S. CO1ii;'8PIC'PIOhi!3 (tit PAtt'h5 . Tits:It1+:OP tN t'O�Fit,7C'►`., INISOrAtt As 9'IItY Asti; tit CONPL1CT 'CONTAINING A SEVER+, Ai3ILtTY t'1tOtt1StoN t,hiril is designated btcitfitihce CITY CLERIC CITY OP'. 11IA;1i1i i'LO1itDA Put,lkntion of this, notice : on The nth daj• of .Nlat. h.19i2. Ad. No. 2025:1 ;fr (.0i.k.* 1 "1 7t t" ORDINANCE N6,17 AN ORDINANCE AMENDING SECTIONS 27-8, 2,-10 and 27-11 of THE CODE Off' THE CITY CV MIAMt, ELb tIbA, FOR THE PURPOSE OF PfteVIDING ADDITIONAL REQUIRE- MENTS RELATIVE TO APPLICATIONS TO FILL SNEMERGEO LAND,8ORDERING UPON -OR LYtNG IN EISCAYNE BAY; PROVIDING A PENALTY; REPEALING. ALL ORDINANCES, CODE SECTIONS _ _ _ .. CONTAINING NFLICT, INSOFAR OR PARTS THEREOF ZN CON AS THEY ARE IN CONFLICT; C SEVERAEILITY PROVISION WHEREAS, it is the desire of the City Commission to provide for additional requirements relative to applications to fill submerged land bordering upon or lying in Biscayne Bay, NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION 0' THE CITY OF MIAMI, FLORIDA: Section 1. Sections 27-8, 27-10 and 27-11 of the Code of the City of Miami, Florida, are amended, as follows: Sec. 27-8. Construction permit- Petition to planning and zoning board -filing. Each applicant for a construction permit to per- form work in the bay shall file a notarized petition with the planning and zoning board in a form and manner prescribed by the secretary thereof. Such, petition shall set forth in detail the nature and. scope of the work proposed to be done by the applicant; Shall contain a notarized statement as to, theintended use of the land after completion of the filling, said statement to be made by a person of authority whose statement constitutes a binding commitment upon the applicant, owners, lessors, lessees, mortgagees, or others having an interest in the land as filled and improved; shall include a certified list of all real property located in whole or in part within a three hundred seventy-five foot radius, and all riparian upland real property lying within one thousand feet of the boundaries of the proposed work, together with the names and addresses of the owners of such property; and also written permission from the ,holder of the fee simple title of the real property from which any material i$ to be pumped or otherwise taken. (Ord, No, 6864, § 4; pr.dr o, ... t § 1, • See, 2/..161 Sa e a e searing; determinationas. ,t the set tiThe and place, the planning and 'toning board shall conduct a public hearing pursuant to this article far the general pUrpose of hearing out the public on the proposed Worm, and specifically to determine whether car not (1) the provisions of Chapter 253, Florida Statutes (Section 253.124, thereof, in particular), as said chapter and section are worded On the effective date of this ordinance and as they may be amended, supplemented,, changed, re -worded, re -designated or re- numbered thereafter, have been fulfilled: (2) there is any conflict with "The Miami plan" or any other official- ly adopted plan; or (3) there is any conflict With any otherstatute, law, ordinance, regulation, rule or restriction that may be applicable thereto. The board shall hear all parties interested in any manner in the granting or denial of the petition, and may continue or recess such hearing as right and justice shall require. (Ord. No. 6864, . § St Ord. No,_= J § 1) • Sec. 27i-11. Same--Same--Recommendations of board; Decision of City Commission; issuance of petition. Based on a review of the statements of all interest- ed parties, and after due consideration of all testimony, information and other data presented at the public hear- ing held pursuant to this article, the planning and zoning board shall promptly make its recommendation, in the form of a resolution prepared by the department of law, to the city commission. The board shall recommend either approval or disapproval of the applicant's petition, and shall accompany such resolution, with all written testimony, and oral testimony reduced to narra- tive form, data and other exhibits adduced at the public hearing. The city commission shall review said recom- mendation receiving such additional testimony or evidence as may be deemed appropriate and shall render its decision approving or disapproving the applicant's petition. In the event the decision is favorable to the applicant, the city commission shall direct that a construction permit for the work be issued by the department, of public worksafter the applicant has further complied with the provisions of this article. (Ord. No. 6864, § 6; Ord. No. _, § 1) . Section 2. Any person violating the provisions of Section 1 of this ordinance shall be fined or imprisoned, or both fined and imprisoned in accordance with Sections S(ae) and 59(b) of the Charter of the City of Miami. (Chapter 108470 Acts of Florida, 1925, as amended) and Section 1-6 of The Code of the City of Miami, Florida. Section 3. All ordinances, code secticno or pare -2- . theieaf ih e n iiet hare WI. inst far as they.are a in tonftiatf are hereby repealed. -: aetieA 4. tf any ssdti3n, sentence, ciaueei phrse, tar 3ord of thid .naii6e is . for any reason- held or de61are to be uneoristitutional, inope'atiVe or void y - such -holding' or Yi a idit shall riot affect the reitlainift portions of this ordinance; and it shall be construed -to 1iae been the intent of the OrnmiS,sion of„the, City of Miami to pass,this,Ordinance 'cntithout stick tnwonstitutional, invalid, or inoperative part therein; aria. the remainder of this ordinance; after thee- elusion of such part or parts shall be deemed and heldto be Valid as if such parts had not been included therein. PASSED AND ADOPTED .BY TITLE'ONLY this /7 day of 1972. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this c day of-'.%'G-', 1972. 'PREPARED AND APPROVED BY REVIEWED BY Jack, Rice, Jr. Asst. to Dir,: Qf' Dep.y APPROVED `AS TO FORM . AND_.: li tea ... .............. Akan . t $t.e f AttQrney