| | | | | | | |  | Ordinances - R5 D
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | May 8, 2019 | | | | 10:20 a.m. Second Reading Public Hearing
| | SUBJECT: | AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 82,
ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV,
ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY
AMENDING DIVISION 2, ENTITLED "TEMPORARY
OBSTRUCTIONS," BY AMENDING SECTION 82-151, ENTITLED
"PERMIT REQUIRED," BY AMENDING SUBSECTION 82-151
(E)(1), ENTITLED "PENALTIES FOR VIOLATIONS," BY
AMENDING THE FINE SCHEDULE TO FOUR OFFENSES WITH
THE FIRST OFFENSE COMMENCING AT $500; SECOND
OFFENSE $1,000; THIRD OFFENSE $5,000; AND FOURTH
OFFENSE $10,000; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
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| | | | | | | | RECOMMENDATION
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Neighborhoods and Community Affairs Committee (NCAC):
On February 13, 2019, the Mayor and Commission approved a referral to NCAC regarding on-street truck loading (item C4H).
This item and other related issues were discussed at the March 19, 2019 NCAC. The NCAC made various recommendations including revising the Right-of-Way (ROW) Fine Schedule.
Administration Recommendation:
The Administration recommends the City Commission approve the attached Ordinance on Second Reading and Final Public Hearing.
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| | | | | | | | ANALYSIS
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The current ROW fine schedule is as follows:
1st Violation - $1,000
2nd Violation - $5,000
3rd Violation - $10,000.
The aforementioned fine schedule for ROW violations is aggressive. This was approved by a former City Commission to achieve compliance and it is important to note that the reduction of these fines may have an adverse impact on traffic congestion by way of increased travel lane obstructions.
The NCAC recommended to amend the right-of-way fine schedule to four offenses with the first offense commencing at $500; second offense $1,000; third offense $5,000; and fourth offense $10,000.
This item was discussed at the March 20, 2019 Neighborhoods and Community Affairs Committee (NCAC) recommended in favor if its adoption.
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| | | | | | | | CONCLUSION
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The Administration recommends the City Commission approve the attached Ordinance on Second Reading and Final Public Hearing.
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| | | | | | | | Legislative Tracking
Parking |
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| | | | | | | | Sponsor
Vice-Mayor Joy Malakoff |
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