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HomeMy Public PortalAbout16-13 ESTABLISHING A NEW ADVISORY BOARD TO INCLUDE THE HISTORIC PRESERVATION BOARD 1st Reading: September 14, 2016 2nd Reading: October 12, 2016 Public Hearing: October 12, 2016 Adopted: October 12, 2016 Effective Date: October 12, 2016 Sponsored by: City Manager ORDINANCE NO. 16-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ESTABLISHING A NEW ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE THE CONSOLIDATION AND ACTIVATION OF THE HISTORIC PRESERVATION BOARD AND THE ENVIRONMENTAL (TREE) PRESERVATION BOARD; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR A CONFLICT AND REPEALER CLAUSE AND RESCINDING ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Opa-locka Charter provides that the City Commission has the power to establish and/or reauthorize a Historic Preservation Board, which shall be vested with the power, authority and jurisdiction to designate, regulate and administer decision making responsibilities as may be specified by ordinance or general law for historical,cultural, archeological and architectural resources in the City of Opa-locka, and WHEREAS,the City of Opa-locka Charter provides that the City Commission has the power to establish an Environmental (Tree) Preservation Board,which shall be vested with the power, authority and jurisdiction as may be specified by ordinance or general law, and to make recommendations to regulate, and amend regulations concerning the planting and care of shade and ornamental trees and shrubbery and the ground surrounding the same,which may be planted along any public highway or right of way, pathway, or in any park,for their proper growth, care and protection, and to move or require the removal of any tree or part thereof deemed dangerous to public safety, and recommend the treatment or removal of any tree situated upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the City, and the proposed regulations are subject to approval by the City Commission; and WHEREAS,the City Commission has determined that it is in the best interests and welfare of the City of Opa-locka and its residents to enact an ordinance that establishes a board that performs the functions of both the Historic Preservation Board and the Environmental Preservation Board; and WHEREAS,the City of Opa-locka intends that this Ordinance adopting the new Historic Environmental Preservation Board shall replace the City of Opa-locka regulations and legislations in conflict with this Ordinance upon its adoption; and WHEREAS,the City of Opa-locka intends that this Ordinance shall list the functions of the Historic Environmental Preservation Board; and Ordinance No. 16-13 WHEREAS,the City of Opa-locka City Commission has determined that the Historic Environmental Preservation Board established by this Ordinance is consistent with the Comprehensive Plan. NOW THEREFORE,THE CITY COMMISSION OF THE CITY OF OPA-LOCKA HEREBY ORDAINS as follows: Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed as being true, and the same is hereby incorporated as part of this Ordinance. Section 2. City of Opa-locka Historic Environmental Preservation Board. Sec. 2.1. Created; Composition;Term of Office; Qualifications; Organization; Meetings; Records. 1) A Historic Environmental Preservation Board is hereby created, which shall be an advisory body to the Commission, consisting of 9 members, each of whom shall be appointed by the City Commission, for a term of 2 or 4 years, except for the initial terms of the Board upon its creation. The terms shall be staggered such that not fewer than 2 nor more than 3 terms shall expire each year. The terms of board members shall commence on October 1 and shall expire on September 30. Each member of the Board shall serve until the expiration of his or her term. 2) At least 5 members of the Historic Environmental Board shall be residents of the City of Opa-locka and a registered voter of the City of Opa-locka, Florida. The City Commission shall specifically designate these resident members. The City Commission, within its discretion, shall appoint up to a maximum of four (4) members of the board who are not residents or registered voters of the City of Opa-locka, Florida. These (4) appointments shall be made on the basis of civic pride, integrity, experience and interest in the field of historic preservation and City beautification. The City Commission should ensure to appoint one of each of the following (I) an architect, (ii) a landscape architect, or(iii) certified Arborist. Members of the Historic Environmental Preservation Board shall have diverse backgrounds, and whenever possible, prior experience in land use, planning, zoning, legal matters, landscape architecture, historic preservation or working knowledge of historic preservation principles and general working knowledge of tree and plant identification and characteristics. Members of the Historic Environmental Preservation Board shall hold no other public office or position in the City of Opa-locka. 3) An organizational meeting of the Historic Environmental Preservation Board shall be held to elect a chair and vice-chair from among its appointed members. The City Ordinance No. 16-13 Commission upon written charges and after public hearing may remove members and vacancies shall be filled for the unexpired term of any removed member. 4) At least one regular meeting of the Board shall be held each month, as needed and as determined by the Chair; Special meetings may be called by the Chairman or by any 3, at minimum, regular members of the board. The Historic Environmental Preservation Board shall keep record of its proceedings, pursuant to Florida law, findings and determinations showing the vote on each matter and shall file the record and approved minutes of each meeting with the City Clerk within 30 days of the date of the meeting, or as soon thereafter as practicable. Members of the Historic Environmental Board shall serve without compensation. 5) The Historic Environmental Preservation Board may adopt reasonable rules of procedure to govern the conduct of its business and the holding of public hearings and workshops, consistent with any procedures established for it by the City Commission. The Sec. 2-2 Duties and Responsibilities The duties and responsibilities of the Historic Environmental Preservation Board shall include the following: (1) Adopt or amend rules of procedure; (2) Designate individual sites, districts and archeological zones; (3) Issue or deny certificates of appropriateness and certificates to dig; (4) Approve historical markers and issue certificates of recognition for individual sites and designated properties in a district; (5) Recommend zoning and building code amendments to the proper authorities; (6) Establish guidelines for preservation and criteria for issuance by staff of regular certificates of appropriateness; (7) Promote the awareness of historic preservation and its community benefits; (8) No actions of this board will supersede or be construed as superseding the authority of the city commission. (9) Review and update the historic survey as it applies to the City of Opa-locka for its quality and professional merit, and validate the findings of the survey as bonafide and sincere, and conduct such local research as is considered appropriate; (10) Implement the authority of this chapter and fulfill the tasks set forth for this board by the city commissioners in this and other chapters; (11) Record and maintain records of the board's actions and decisions; (12) Follow and abide by the laws of the United States of America, the State of Florida, Dade County, and the City of Opa-locka; (13) Provide an annual report to the City Commission. (Ord. No. 81-13, § 9, 5-27-81) Ordinance No. 16-13 (14) To make recommendations to amend, and control over the regulating, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or pathway, except such as are excluded pursuant to applicable law, including the planting, trimming, spraying care and protection thereof. (15) Make recommendations to regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection of trees and shrubbery. (16) Move or require the removal of any tree or part thereof dangerous to public safety. (17) Propose regulations, subject to approval by the City Commission. (18) Recommend the treatment or removal of any tree situated upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the City. (19) Meet once a month, as needed, and keep public record of its resolutions, findings and determinations. (Ord. No. 14-05, §2, 6-11-14) Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 4. Conflict. All sections or parts of sections of the applicable City of Opa-locka ordinances currently in place in conflict herewith are intended to be rescinded and repealed to the extent of such conflict. Section 5. Effective Date. This Ordinance shall be effective upon adoption at second reading. PASSED AND ADOPTED THIS 12th day of October, 2016. Myra L.Taylor Mayor Attest to: Approved as to form and legal sufficiency: Jo. j na Flores Vincent T. Brown City Clerk The Brown Law Group City Attorney Ordinance No. 16-13 Moved by: COMMISSIONER KELLEY Seconded by: COMMISSIONER RILEY Commission Vote: 4-0 Commissioner Kelley: YES Commissioner Riley: YES Commissioner Santiago: YES Vice-Mayor Holmes: OUT OF ROOM Mayor Taylor: YES 8NW NEIGHBORS SUNDAY OCTOBER 22016 MIAMIHERALD.COM CRIME WATCH a _ Site helps police notify family in case of crash ) i ?N q x fy;: , which people died on the call in case of an emergen- access to this information --1--- i may, scene,and their families cy-I also place that in and making it easier for a didn't even know about it. formation on the inside of them to speak with some- - , • - i • w This happens mostly be- my visor or in the glove one quicker in cases of a ° 5 N.cause lice have no con- compartment I also have emergency. r tact information.Many suggested to parents to Here are some frequent- r .. years ago,when I worked place a contact number in ly asked questions proved- RC WHITE MIAMI HERALD FILE.2008 for Hialeah,we arrived on the back of their child's car ed by Florida Highway Fatal accidents pose a problem for authorities,who must the scene of a motorcycle seat. Safety and Motor Vehicles find and inform victims'families. BY CARMEN GONZALEZ accident in which a youth A reader told me about a that will help you decide if CALDWELL was killed on the scene.All state program through the you want to do this: Special to The Miami Herald I could think of was his Florida Highway Safety and •Who will have access information will only be er who suggested this in- As I drive our mother—how do we find Motor Vehicles,in which to my emergency contact used by law enforcement formation,and as always,I streets in Miami- her,how do we tell her that you register online at information?Only law officers to notify desig- love hearing from you with Dade,I often won- her son is dead in the mid- www.fllismv.gov/driver- der personnel. nated contacts if a motorist your concerns and ideas. der about the Ile of Red Road?My heart licenses-id-cards/emergen- •Where is this informa- is seriously injured or killed possibility of getting into was heavy with pain,and I cy-contact-information- tion stored?In the Driver& in a traffic crash. Carmen Caldwell is an accident since I spend was so frustrated. history/and link your driver Vehicle Information Data- Also,it's important that executive director of so much time on the road. Over the years there license or identification card base system,which is a if your child takes a school Citizens'Crime Watch of The thought often comes have been several pro- to emergency contact in- secure database used by bus,keep parent contact Miami-Dade.Send feedback into mind that if I got into grams such as ICE(In Case formation.The system al- most laws enforcement information inside their and news for this column to an accident,"How would of Emergency),in which lows Floridians to volun- agencies in Florida. backpack,not on the out- carmen @citizenscrime my family know?" you add a cellphone con- tarily provide emergency •Will my contact in- side where strangers have watch.org,or call her at I have seen many acci- tact with the letters"ICE" contact online,giving law formation be used for any access. 305-470-1670. dents over the years in as the contact you'd like to enforcement immediate other purpose?No,this I want to thank the read- Public Hearing Notice State Road(SR)932/NW 103 Street/West 49 Street CITY OF OPA-LOCKA from SR 826/Palmetto Expressway Interchange to East 5 Avenue NOTICE TO THE PUBLIC Project Identification Numbers:434768-1/2-52-01 NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locks.Florida will hold public hearings at its Regular Commission Meeting on Wednesday,October 12,2016 at 7:00 PM in the Auditorium at Sherbondy Village,215 Pert¢Avenue,Opa-locka.Florida, The Florida Department of Transportation(FDOT)will host to consider the following isms: a public hearing for two roadway projects along SR 932/NW 103 Street/West 49 Street SECOND READING ORDINANCES/PUBLIC HEARING; from SR 826/Palmetto Expressway Interchange to East 5 Avenue in AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,ESTABLISHING A NEW Miami-Dade County. ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE THE CONSOLIDATION AND ACTIVATION OF THE `7 HISTORIC PRESERVATION BOARD AND TILE ENVIRONMENTAL(TREE)PRESERVATION BOARD,PROVIDING FOR SEVERABILITY CLAUSE.PROVIDING FOR A CONVICT AM)REPEALER CLAUSE AND RESCINDING ALI. ORDINANCES IN CONFTICT;PROVIDING FOR AN EFFECTIVE DATE(first reading held on September 14,2016). AN ORDINANCE OF TILL'CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,ESTABLISHING A 6 p.m.to 8 p.m. NEW LAND USE ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE THE CONSOLIDATION OF THE Thursday,October 6,2016 PLANNING COUNCIL AND THE ZONING BOARD OF APPEALS;PROVIDING FOR A SEVERABILITY CLAUSE; FDO Miami-Dade College,Hialeah Campus,Room 5101-B PROVIDING FOR A CONFLICT AND REPEALER CLAUSE AND RESCINDING ALL ORDINANCES IN CONFLICT, /�'-" - 1780 W 49 Street,Hialeah,FL 33012 PROVIDING FOR AN EFFECTIVE DATE(first reading held on September 14,2016). RESOLUTION/PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO CONSIDER THE REQUEST OF FLORIDA INDUSTRIAL PROPERTIES SIX,LI.C,FOR APPROVAL TO AMEND THE DEVELOPMENT For information about this hearing or project,please contact Public Information AGREEMENT TO CONSTRUCT AND OPERATE A MIXED USE TRAVEL CENTER WIIICII INCLUDES COMMERCIAL. Specialist Monica Diaz at(305)573-0089 or email at Monica @iscprgroup.com INDUSTRIAL AND RETAIL USES AT 3325 NW 135'7 STREET,OPA-LOCKA,FLORIDA„33054,ALSO INDENTIITED BY FOLIO 0S-2I21-007-2700:CONTAINING 272,741 SQUARE FEET OR 1 1.20 ACRES MORE OR LESS BY CALCULATIONS Visit www.fdotmlamidade.com for project information. PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. Additional Infonnauon on the above item,may be obtained in the Office of the City Clerk,780 Fishermen Street,4°Floor.Opa locks.Honda 35054. All interested persons arc encouraged to attend ws matlng and will be hoard with respect to the public hearings. The hearing will follow an informal format allowing the public to arrive at any time from 6 p.m.to 8 p.m., In accordance with the Americana with Disabilities Ad of 1990,person,needing,pedal accommodations to participate in the proceeding shows with a formal presentation starting at 6:30 p.m.Graphic displays will be shown and FOOT representatives will coact the Office of the City clerk at(305)953.2000 for asislancc no Later than,even(7)days prior to the proceeding if hearing impaired,you may be available to discuss the project and answer questions.Public participation at this meeting is solicited telephone the I londa Relay service at(8110)955 8771(17Y),(ba)955 8770(Voce).(877)955 8173(Spanish)or(877)955-8707(Creole). without regard to race,color,national origin,age,gender,religion,disability or family status.Pursuant to the PURSUANT TO FS 286.0105-Anyone who de,),,,to arced any drrivfor made by ally hoard agony y,or conorrtton with resp t to any maser provisions of the Americans with Disabilities Act,any person requiring special accommodations to participate n rutdered of such meeting or hearing tell need a re,ord o(lite rte eedmgs,and for that reason,may need to e,"are that a terbaum record of the in this workshop/hearing is asked to advise the agency at least 7 days before the workshop/hearing by v.mnrdmgs is made,which record includes the testimony and evidence span which the appeal may he based contacting:Jeannine Gaslonde at(305)470-5349 or in writing:FDOT,1000 N.W.111 Avenue,Miami,FL JOANNA FI.ORES,CMC 33172,email:Jeannine.Gaslonde @ dot.state.Fl.us.If you are hearing or speech impaired,please contact the CITY CLERK agency using the Florida Relay Service,1(800)955-8771(TDD)or 1(800)955-8770(Voice). \dry O4R'OR- E0 City of Opa-locka Agenda Cover Memo Commission Meeting September 14, 2016 Item Type: Resolution Ordinance Other Date: (Enter X in box) X Yes No Ordinance Reading: 1st Reading 2^d Reading Fiscal Impact: (Enter X in box) X X Public Hearing: Yes No Yes No X (Enter X in box) X X Funding Source: (N/A) Advertising Requirement: Yes No N/A (Enter X in box) X Contract/P.O. Required: Yes No (Enter X in box) X RFP/RFQ/Bid#: N/A Yes No Strategic Plan Priority Area: Strategic Plan ObjJStrategy: Enhance Organizational 0 Strategic Plan Related Bus. &Economic Dev N New Development (EnterX in box) X Public Safety 0 Quality of Education 0 Qual.of Life&City Image Communication 0 Sponsor Name City Manager Department: Community Development Short Title: An ordinance of the City Commission of the City of Opa-locka, Florida, establishing a new advisory board to the City Commission to include the consolidation and activation of the Historic Preservation Board and the Environmental (tree) Preservation Board; Providing a severability clause; Providing for a conflict and repealer clause and rescinding all ordinances in conflict; Providing for an effective date. Staff Summary The City of Opa-locka Charter provides that the City Commission has the power to establish and or reauthorize a Historic Preservation Board, which shall be vested with the power, authority and jurisdiction to designate, regulate and administer decision making responsibilities as may be specified by ordinance or general law for historical, cultural, archeological and architectural resources I the City of Opa-locka. The City of Opa locka Charter provides that the City Commission has the power to establish an Environmental (Tree) Preservation Board, which shall be vested with the power, authority and jurisdiction as may be specified by ordinance or general law, and to make recommendations to regulate, and amend regulations concerning the planting and care of shade and ornamental trees and shrubbery and the ground surrounding the same,which may be planted along any public highway or right of way, pathway, or in any park, for their proper growth, care and protection, and to move or require the removal of any Ordinance—To Create the Historic Environmental Preservation Board 09-14-16 1 tree or part thereof deemed dangerous to public safety,and recommend the treatment or removal of any tree situated upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the City, and the proposed regulations are subject to approval by the City Commission. It has been determined that it is in the best interests and welfare of the City of Opa-locka and its residents to enact an ordinance that establishes a board that performs the functions of both the Historic Preservation Board and the Environmental Preservation Board. The functions, duties, term of office, organization, composition and meetings of the new Historic Environmental Preservation Board are listed in this Ordinance. Proposed Action: Staff recommends approval of this Ordinance. Attachments: 1. City Code of Ordinance for Historic Preservation Board 2. City Code of Ordinance for Tree Board 3. City Commission Ordinance DRAFT Ordinance—To Create the Historic Environmental Preservation Board 09-14-16 2 OQp.tOCK4•. Memorandum TO: Myra L. Taylor, Mayor Timothy Holmes, Vice Mayor John Riley, Commissioner Joseph L. Kelley, Commissioner Luis B. Santiago, Commissioner FROM: Yvette Harrell, City Manager DATE: August 22, 2016 RE: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ESTABLISHING A NEW ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE THE CONSOLIDATION AND ACTIVATION OF THE HISTORIC PRESERVATION BOARD AND THE ENVIRONMENTAL (TREE) PRESERVATION BOARD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A CONFLICT AND REPEALER CLAUSE AND RESCINDING ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Request: An ordinance of the City Commission of the City of Opa-Iocka, Florida, establishing a new advisory board to the City Commission to include the consolidation and activation of the Historic Preservation Board and the Environmental (tree) Preservation Board; Providing a severability clause; Providing for a conflict and repealer clause and rescinding all ordinances in conflict; Providing for an effective date. Description: The City of Opa-locka Charter provides that the City Commission has the power to establish and or reauthorize a Historic Preservation Board, which shall be vested with the power, authority and jurisdiction to designate, regulate and administer decision making responsibilities as may be specified by ordinance or general law for historical, cultural, archeological and architectural resources I the City of Opa-locka. The City of Opa locka Charter provides that the City Commission has the power to establish an Environmental (Tree) Preservation Board, which shall be vested with the power, authority and jurisdiction as may be specified by ordinance or general law, and to make recommendations to regulate, and amend regulations concerning the planting and care of shade and ornamental trees and shrubbery and the ground surrounding the same, which may be planted along any public highway or right of way, pathway, or in any park, for their proper growth, care and protection, and to move or require the removal of any tree or part thereof deemed dangerous to public safety, and recommend the treatment or removal of any tree situated upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the City, and the proposed regulations are subject to approval by the City Commission. It has been determined that it is in the best interests and welfare of the City of Opa-locka and its residents to enact an ordinance that establishes a board that performs the functions of both the Historic Preservation Board and the Environmental Preservation Board. The functions, duties, term of office, organization, composition and meetings of the new Historic Environmental Preservation Board are listed in this Ordinance. Ordinance—To Create the Planning&Zoning Board 09-1446 1 Financial Impact: There are no immediate financial impacts associated with approval of this Ordinance; Implementation Time Line: Immediately Legislative History: Ordinance 13-38 Ordinance 14-05 Resolution 91-1 Ordinance 91-2 Planning Council Recommendation: Not reviewed by the Planning Council. Staff Recommendation: Staff has recommended approval of this Ordinance. Attachment(s) City Code of Ordinance for the Historic Preservation Board City Code of Ordinance for the Tree Board City Commission Ordinance DRAFT Prepared By: Gerald Lee,Zoning Official/Planner Gregory Gay, Director Planning and Community Development Department Ordinance—To Create the Planning&Zoning Board 09-14-16 2 Chapter 11.1- HISTORIC PRESERVATIONU Footnotes: --- (1) --- Cross reference—Ordinances saved from repeal, § 22-1. ARTICLE I. - IN GENERAL Sec. 11.1-1. -Short title. This ordinance shall be known and may be cited as the "City of Opa-locka Historic Preservation / Environmental (Tree) Preservation Board Ordinance." (Ord. No. 81-13, § 1, 5-27-81) Sec. 11.1-2. - Legislative intent. (Historic Preservation) It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of properties of historical, cultural, archeological, aesthetic and architectural merit are in the interests of the health, prosperity and welfare of the people of Opa-locka. Therefore, this chapter is intended to: (1) Effect and accomplish the protection, enhancement and perpetuation of buildings, structures, improvements landscape features and archeological resources of sites and districts which represent distinctive elements of the city's, county's and region's cultural, social, economic, political, scientific, religious, prehistoric and architectural history; (2) Safeguard the area's historical, cultural archeological and architectural heritage, as embodied and reflected in such individual sites, districts and archeological zones; (3) Foster civic pride in the accomplishments of the past; (4) Protect and enhance the area's attraction to visitors and the support and stimulus to the economy thereby provided; and (5) Promote the use of individual sites and districts for the education, pleasure and welfare of the people of the Opa-locka area, Dade County and the South Florida metropolitan region. (Ord. No. 81-13, § 2, 5-27-81) Sec. 11.1-3.-Scope of regulations. This chapter is intended to and shall govern and be applicable to all property located in the City of Opa-locka, Florida. Nothing contained herein shall be deemed to supersede or conflict with applicable building and zoning codes. Provisions contained herein shall be cumulative and read in conjunction with other laws, rules and regulations. It is the legislative intent of the Opa-locka City Commission that this chapter shall meet the requirements of section 3, subsections (1), (2) and (3) of Dade County Ordinance 81-13 as a qualified municipal historic preservation ordinance, and that Ordinance No. 81-13 shall be filed with the Clerk of [the] Dade County Board of County Commissioners and with the National Register of Historic Places for certification to be eligible under the 1976 Tax Act. Page 1 (Ord. No. 81-13, § 3, 5-27-81) Sec. 11.1-4.-Definitions. (1) Archeological zone. An area designated by this chapter which is likely to yield information on the history and prehistory of Opa-locka based on prehistoric settlement patterns in Opa-locka as determined by the results of the Dade County Historic Survey and local research. These zones will tend to conform to natural physiographic features which were the focal points for prehistoric and historic activities. (2) Certificate of appropriateness. A certificate issued by the board permitting certain alterations or improvements to a designated individual site or property in a designated district. (a) Regular certificate of appropriateness. A regular certificate of appropriateness shall be issued by the staff of the preservation board, based on the guidelines for preservation approved by the board. (b) Special certificate of appropriateness. For all applications for a special certificate of appropriateness involving the demolition, removal, reconstruction or new construction at an individual site or in a district a special certificate of appropriateness is required that is issued directly by the board. (c) In the absence of a quorum of the board, the city manager may issue regular or special certificates of appropriateness, subject to a majority vote of the city commission, in accordance with all administrative requirements pursuant to sections 11.1-1 through 11.1-26 of the historic preservation ordinance. (3) Certificate to dig. A certificate that gives the board's permission for certain digging projects that may involve the discovery of as yet unknown or known archeological sites in an archeological zone. This certificate is issued by staff of the board based on the guidelines for preservation approved by the board. (4) Certificate of recognition. A certificate issued by the board recognizing properties designated pursuant to this chapter. (5) Demolition. The complete constructive removal of a building on any site. (6) Districts. A collection of archeological sites, buildings, structures, landscape features or other improvements that are concentrated in the same area and have been designated as a district pursuant to this chapter. (7) Exterior. All outside surfaces of a building or structure. (8) Guidelines for preservation. Criteria established by the preservation board to be used by staff in determining the validity of applications for a regular certificate of appropriateness and any certificate to dig and to establish a set of guidelines for the preservation of buildings in Opa-locka. (9) Historic preservation board. A board of citizens created by this chapter as described in sections 11.1- 5 through 11.1-9. (10) Historic survey. A comprehensive survey compiled by the Historic Preservation Division of the Dade County Office of Community and Economic Development involving the identification, research and documentation of buildings, sites and structures of any historical, cultural, archeological or architectural, importance in Dade County, Florida. (11) Individual site. An archeological site, building, structure, place or other improvement that has been designated as an individual site pursuant to this chapter. Under the provisions of this chapter, interior spaces may be regulated only where a building or structure is designated individual site. Page 2 (12) National Register of Historic Places. A federal listing maintained by the U.S. Department of the Interior of buildings, sites, structures and districts that have attained a quality of significance as determined by the Historic Preservation Act of 1966 as amended. (13) Ordinary repairs or maintenance work done to prevent deterioration of a building or structure or decay of or damage to a building or structure or any part thereof by restoring the building or structure as nearly as practicable to its condition prior to such deterioration, decay or damage. (14) Owner of a designated property. As reflected on the current Metropolitan Dade County tax rolls or current title holder. (15) Undue economic hardship. Failure to issue a certificate would place an onerous and excessive financial burden upon the owner that would amount to the taking of the owner's property without just compensation. (16) Landscape feature. Any improvement or vegetation including, but not limited to, outbuildings, walls, courtyards, fences, shrubbery, trees sidewalks, planters, plantings, gates, street furniture and exterior lighting. (Ord. No. 81-13, § 4, 5-27-81; Ord. No. 85-9, § 1, 4-24-85; Ord. No. 15-03, § 2, 2-11-15) Secs. 11.1-5-11.1-14. - Reserved. ARTICLE II. -ADMINISTRATION Sec. 11.1-15. - Historic preservation board—Created; established. There is hereby created a historic preservation board, ("the board"), as a governmental agency of the city government in and for the City of Opa-locka, Florida. The board is hereby vested with the power, authority and jurisdiction to designate, regulate and administer historical, cultural, archeological and architectural resources in Opa-locka, Florida, as prescribed by this chapter under the direct jurisdiction and legislative control of the Opa-locka City Commission. (Ord. No. 81-13, § 5, 5-27-81) Sec. 11.1-16.-Members. The board shall consist of nine(9)members appointed by the city commission. A minimum of five(5) members of the board shall be and shall hold office only so long as he or she is a resident and registered voter of the City of Opa-locka. Florida. These resident members shall be specifically designated by the city commission. The city commission, within its discretion, shall appoint up to a maximum of four (4) members of the board who are not residents or registered voters of the city of Opa-locks. Florida. Appointments shall be made on the basis of civic pride, integrity, experience and interest in the field of historic preservation. The city commission should attempt to appoint architects, realtors, archaeologists, historians, art historians, lawyers or other individuals from the business, financial and other segments of the community who, by virtue of their profession or business, have demonstrated concern for historic preservation.The term of office of membership shall be five(5) years, except that, of the five(5) members first appointed, one shall be appointed for a term of one year, one for a term of two (2) years, one for a term of three (3) years, one for a term of four (4) years, and one for a term of five (5) years. Thereafter successors shall be appointed for a term of five (5) years each. Any vacancies during the unexpired term of an appointive member shall be filled by the city commission for the remainder of the term. Members shall be eligible for reappointment, and shall hold office until their successors have been duly appointed and qualified. Members of the board shall serve without compensation but shall be reimbursed for Page 3 necessary expenses incurred in the performance of their official duties, as shall be determined and approved by the city commission. Before entering upon the duties of office, each member shall file written acceptance of appointment and take and subscribe to the oath of office prescribed by law, which shall be filed in the office of city clerk. A member of the board may be removed from office only by a four-fifths vote of the entire membership of the city commission; however, whenever a member of the board shall fail to attend three (3)consecutive meetings, the chairman shall certify the same to the city commission. Upon such certification the member shall be deemed to have been removed and the city commission shall fill the vacancy by appointment. (Ord. No. 81-13, § 6, 5-27-81; Ord. No. 85-9, § 2, 4-24-85) Sec. 11.1-17. -Organization. The members of the board shall select a chairman who shall serve at the pleasure of the board and such other officers as may be deemed necessary or desirable. The city manager shall provide adequate personnel for the board including, but not limited to, representatives from the departments of community development, public works, public affairs and city attorney which shall be deemed the staff of the board. Minutes of each board meeting shall be kept and prepared under the supervision and direction of the board, and copies of such minutes shall be filed with the city clerk. (Ord. No. 81-13, § 7, 5-27-81) Sec. 11.1-18. - Rules and regulations. The board shall make and prescribe such rules and regulations as are reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this chapter. Such rules and regulations shall conform to the provisions of this chapter and shall not conflict with the Constitution and general laws of the State of Florida, and shall govern and control procedures, hearings and actions of the board. No such rules and regulations shall become effective until a public hearing has been held upon the proposed rules and regulations, and any amendments or modifications thereto, and the same have been approved by the city commission and filed with the city clerk. Upon approval by the commission, such rules and regulations shall have the force and effect of law within the City of Opa-locka, Florida. The board shall prescribe forms for use by applicants in compliance with the provisions of this chapter. The board may authorize any one of its members to administer oaths and certify to official acts. (Ord. No. 81-13, § 8, 5-27-81) Sec. 11.1-19. -Powers and duties. The historic preservation board shall have the following enumerated powers and duties: (1) Adopt or amend rules of procedure; (2) Designate individual sites, districts and archeological zones; (3) Issue or deny certificates of appropriateness and certificates to dig; (4) Approve historical markers and issue certificates of recognition for individual sites and designated properties in a district; (5) Recommend zoning and building code amendments to the proper authorities; (6) Establish guidelines for preservation and criteria for issuance by staff of regular certificates of appropriateness; (7) Promote the awareness of historic preservation and its community benefits; Page 4 (8) No actions of this board will supersede or be construed as superseding the authority of the city commission. (9) Review and update the historic survey as it applies to the City of Opa-locka for its quality and professional merit, and validate the findings of the survey as bonafide and sincere, and conduct such local research as is considered appropriate; (10) Implement the authority of this chapter and fulfill the tasks set forth for this board by the city commissioners in this and other chapters; (11) Record and maintain records of the board's actions and decisions; (12) Follow and abide by the laws of the United States of America, the State of Florida, Dade County, and the City of Opa-locka; (13) Provide an annual report to the city commission. (Ord. No. 81-13, § 9, 5-27-81) Sec. 11.1-20. -Designation process and procedure. (1) [Designation authority.] The board shall have the authority to designate areas, places, buildings, structures, landscape features, archeological sites and other improvements or physical features, as individual sites, districts, or archeological zones that are significant in Opa-locka's history, architecture, archeology, or culture and possesses an integrity of location, design, setting, materials, workmanship or association, or: (a) Are associated with distinctive elements of the cultural, social political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, Dade County, South Florida, the state or the nation; or (b) Are associated with the lives of persons significant in our past; or (c) Embody the distinctive characteristics of a type, period, style or method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction; or (d) Have yielded, or are likely to yield information in history or prehistory; or (e) Are listed in the National Register of Historic places. (2) [Requirements for designation.] Certain properties, which include cemeteries, birthplaces, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, properties commemorative in nature and properties that have achieved significance within the last twenty-five (25) years, will not normally be considered for designation. However, such properties will qualify if they are integral parts of districts that do meet the criteria, or if they fall within the following categories: (a) A religious property deriving primary significance from architectural or artistic distinction of historical importance; (b) A building or structure removed from its location but which is primarily significant for architectural value or is the surviving structure most importantly associated with a historic event or person; (c) A birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building directly associated with his/her productive life; (d) A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, distinctive design features, or from association with historic events; Page 5 (e) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; (f) A property or district achieving significance within the past twenty-five (25) years if it is of exceptional importance. (3) [Investigation and designation report.]Prior to the designation of an individual site, a district, or an archeological zone, an investigation and designation report must be filed with the board. The format of these reports may vary according to the type of designation, however all reports must address the following: the historical, cultural, architectural, or archeological significance of the property of properties being recommended for designation; a recommendation of boundaries for districts and archeological zones and identification of boundaries of individual sites being designated; a recommendation of standards to be adopted by the board in carrying out its regulatory function under this chapter with respect to certificates of appropriateness and certificates to dig. Where a report is filed recommending designation of a district, the report must identify those properties, if any, within the district which are not historically or architecturally compatible with structures in the district. The standards for regulating such nonconforming properties shall provide that a certificate of appropriateness may be required only for new construction on such properties. All reports shall take into consideration projected, proposed or existing public improvements and developmental or renewal plans. (4) Procedure. (a) Petition of the owner. The owner(s) of any property in the City of Opa-locka may petition this board for designation of their property as an individual site, district or archeological zone provided that they appear before the board with sufficient information to warrant the investigation of the property for future designation and the board finds that the property may be worthy of designation. The board shall, based on its findings, either direct the staff to begin the designation process or deny the petition. Nothing in this subsection shall be deemed to restrict the power of the board to initiate the designation process pursuant to this section. (b) Directive of the board. The board shall, upon recommendations from staff or the acceptance of petitions pursuant to subsection (4)(a) of this section, direct staff to begin the designation process by preparing a designation report, pursuant to subsection (3) of this section and any other standards the board may deem necessary. Upon completion, the designation report shall be filed with the board. The filing of the designation report with the board as required by this section shall be made by filing the report with the City of Opa-locka City Clerk who shall note thereon the filing date and time. (c) Notification of owner. For each proposed designation of an individual site, district, or archeological zone, the board is encouraged to obtain the permission of the property owner(s) within the designated area and is responsible for mailing a copy of the designation report to the owner(s) as notification of the intent of the board to consider designation of the property at least fifteen (15) days prior to a public hearing held pursuant to this section. (d) Notification of government agencies. Upon filing of a designation report, the community development director shall immediately notify the clerk of the board of county commissioners, the city clerk, the city building official, the city attorney and any other county or municipal agency, including agencies with demolition powers, that may be affected by said filing. (e) Notification of a public hearing. For each individual site, district or archeological zone proposed for designation a public hearing must be held. Owners of record or other parties having an interest in the proposed designated properties, if known, shall be notified of the public hearing; however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected by publishing a copy thereof in a newspaper of general circulation at least ten (10) days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation. Page 6 (f) Requirement of notification. The board shall, by written resolution, state its decision to approve, deny, or amend the proposed designation and shall direct the secretary of the board to notify the following of its actions with a copy of the resolution: 1. The City of Opa-locka Building Official; 2. The county clerk; 3. The Opa-locka City Clerk; 4. Owner(s) of the affected property and other parties having an interest in the property, if known; 5. The Opa-locka Public Affairs Department; 6. The Opa-locka Public Works Department; and 7. Any other county or municipal agency, including agencies with demolition powers, that may be affected by this action. (g) [Amendment or rescission.] The board may amend or rescind any designation provided it complies with the same manners and procedures used in the original designation. (h) Moratorium. Upon the filing of a designation report by the staff, the owner(s) of the real property which is the subject matter of the designation report shall not: 1. Erect any structure on the subject property; 2. Alter, restore, renovate, move or demolish any structure on the subject property, until such time as final administrative action as provided by this chapter is completed. (Ord. No. 81-13, § 10, 5-27-81; Ord. No. 85-9, § 3, 4-24-85) Sec. 11.1-21. -Application for certificate of appropriateness. (1) [Required.] No building, structure, improvement, landscape feature or archeological site within the City of Opa-locka which is designated pursuant to section 11.1-10 shall be erected, altered, restored, renovated, excavated, moved or demolished until an application for a certificate of appropriateness regarding any architectural features, landscape features or site improvements has been submitted to the board for approval pursuant to the procedures in this section. Architectural features shall include, but not be limited to, the architectural style, scale, massing, siting, general design, ingress and egress, and general arrangement of the exterior of the building or structure, including the type, style and color of roofs, windows, doors and appurtenances. Architectural features shall include, when applicable, interior spaces where interior designation has been given pursuant to section 11.1-10. Landscape features and site improvements shall include, but are not limited to, site regarding [regrading], subsurface alterations, fill deposition, paving, landscaping, walls, fences, courtyards, vehicular movement systems, signs and exterior lighting. No certificate of appropriateness shall be approved unless the architectural plans for said construction, alteration, excavation, restoration, renovation, relocation, or demolition is approved by the board. (2) [Procedures required.] The board shall develop procedures for making application for both a regular and special certificate of appropriateness. (3) [Application standards.] The board shall adopt and may, from time to time, amend the standards by which applications for any certificate of appropriateness are to be measured and evaluated. In adopting these guidelines, it is the intent of the board to promote maintenance, restoration and adaptive reuses appropriate to the property, and compatible contemporary designs which are harmonious with the exterior architectural and landscape features of neighboring buildings, sites and streetscapes. These guidelines shall also serve as criteria for the community development staff to make decisions regarding applications for regular certificates of appropriateness. Page 7 (4) Regular certificates of appropriateness. Based on the guidelines for preservation, the designation report, a complete application for regular certificate of appropriateness, any additional plans, drawings or photographs to fully describe the proposed alteration and any other guidelines the board may deem necessary, the staff of the board shall approve or deny the application for a regular certificate of appropriateness by the owner(s) of a designated individual site, or property within a designated district. The findings of the staff shall be mailed to the applicant, accompanied by a statement in full regarding the staff's decision. The applicant shall have an opportunity to challenge the staff decision by applying for a special certificate of appropriateness. (5) Special certificates of appropriateness. (a) An applicant for a special certificate of appropriateness shall submit his application to the board pursuant to section 11.1-10 and accompany such application to the board with full plans and specifications, site plan, and samples of materials as deemed appropriate by the board to fully describe the proposed appearance, color, texture or materials, and architectural design of the building and any outbuilding, wall, courtyard, fence, landscape feature, paving, signage and exterior lighting. The applicant shall provide adequate information to enable the board to visualize the effect of the proposed action on the applicant's building and its adjacent buildings and streetscapes. If such application involves a designated archeological site the applicant shall provide full plans and specifications of work that may affect the surface and subsurface of the archeological site. (b) The board shall hold a public hearing upon an application for a special certificate of appropriateness affecting property under its control. In such instances, notice and procedure of the public hearing shall be given to the property owner(s) by certified mail and to other interested parties by an advertisement in a newspaper of general circulation. (c) The board shall approve, deny, or approve in modified form an application, subject to the acceptance of the modification by the applicant, or suspend action on the application in order to seek technical advice from outside its members or to meet further with the applicant to revise or modify the application. (d) The decision of the board shall be issued in writing. Evidence of approval of the application shall be by certificate of appropriateness issued by the board or the board's designated staff representative to the applicant, and whatever its decision, notice in writing shall be given to the applicant and the Opa-locka Building Official. The board shall keep a record of its actions under this section. (6) Demolition. (a) Demolition of a designated building, structure, improvement or site may occur pursuant to an order of a government agency or a court of competent jurisdiction or pursuant to an approved application by the owner for a special certificate of appropriateness. (b) Government agencies having the authority to demolish unsafe structures shall receive notice of designation of individual sites, districts or archeological zones pursuant to section 11.1-10. The board shall be deemed an interested party and shall be entitled to receive notice of any public hearings conducted by said government agency regarding demolition of any designated property. The board may make recommendations and suggestions to the government agency and the owner(s) relative to the feasibility of and the public interest in preserving the designated property. (c) No permit for voluntary demolition of a designated building, structure, improvement or site shall be issued to the owner(s) thereof until an application for a special certificate of appropriateness has been submitted and approved pursuant to the procedures in this section. Refusal by the board to grant a special certificate of appropriateness shall be evidenced by written order detailing the public interest which is sought to be preserved. The board shall be guided by the criteria contained in subsection (6)(d) herein. The board may grant a special certificate of appropriateness which may provide for a delayed effective date of up to two (2) years. The effective date shall be determined by the board based upon the relative significance of the Page 8 structure and the probable time required to arrange a possible alternative to demolition. During the demolition delay period, the board may take such steps as it deems necessary to preserve the structure concerned, in accordance with the purposes of this ordinance. Such steps may include, but shall not be limited to, consultation with civic groups public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one or more structures or other features. (d) In addition to all other provisions of this section, the board shall consider the following criteria in evaluating applications for a special certificate of appropriateness for demolition of designated properties: (a) Is the structure of such interest or quality that it would reasonably meet national, state, or local criteria for designation as an historic or architectural landmark? (b) Is the structure of such design, craftsmanship, or material that it could be reproduced only with great difficulty and/or expense? (c) Is the structure one of the last remaining examples of its kind in the neighborhood, the county, or the region? (d) Does the structure contribute significantly to the historic character of designated district? (e) Would retention of the structure promote the general welfare of the county by providing an opportunity for study of local history, architecture, and design or by developing an understanding of the importance and value of a particular culture and heritage? (f) Are there definite plans for reuse of the property if the proposed demolition is carried out, and what will be the effect of those plans on the character of the surrounding area? (7) [Appeals.] Where, by reason of particular site conditions and restraints, or because of unusual circumstances applicable solely to the particular applicant, strict enforcement of the provisions of this section would result in serious undue economic hardship to the applicant, the matter shall be officially referred to the Opa-locka Zoning Board of Appeals, which shall have the power to vary or modify adherence to this section; provided always that its requirements ensure harmony with the general purposes hereof and will not adversely affect the City of Opa-locka, Dade County, nor the South Florida metropolitan region. (a) In any instance where there is a claim of undue economic hardship, the owner may submit, by affidavit, to the zoning board of appeals at least fifteen (15) days prior to the public hearing, the following information: a. For all property. i. The amount paid for the property, the date of purchase and the party from whom purchased; ii. The assessed value of the land and improvements thereon according to the two (2) most recent assessments; iii. Real estate taxes for the previous two (2) years; iv. Annual debt service, if any, for the previous two (2) years; v. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with his purchase, financing or ownership of the property; vi. Any listing of the property for sale or rent, price asked and offers received, if any; and vii. Any consideration by the owner as to profitable adaptive uses for the property; and b. For income-producing property. i. Annual gross income from the property for the previous two (2) years; ii. Itemized operating and maintenance expenses for the previous two (2) years; Page 9 iii. Annual cash flow, if any, for the previous two years. (b) The zoning board of appeals may require that an applicant furnish such additional information as the board believes is relevant to its determination of undue economic hardship and may provide in appropriate instances that such additional information be furnished under seal. In the event that any of the required information is not reasonably available to the applicant and cannot be obtained by the applicant, the applicant shall file with his affidavit a statement of the information which cannot be obtained and shall describe the reasons why such information cannot be obtained. (8) [Certificate of appropriateness required.] No building permit shall be issued by the Opa-locka Building Official which affects any designated property in Dade County without a certificate of appropriateness. (9) [Conformity required.] All work performed pursuant to the issuance of any certificate of appropriateness shall conform to the requirements of the certificate. The city manager shall designate an appropriate official to assist the board by making necessary inspections in connection with enforcement of this chapter and shall be empowered to issue a stop work order if performance is not in accordance with the issued certificate. No work shall proceed as long as a stop work order continues in effect. Copies of inspection reports shall be furnished to the board and copies of any stop work orders both to the board and the applicant. The building official or appropriate official and staff for the board shall be responsible for ensuring that any work not in accordance with an issued certificate of appropriateness shall be corrected to comply with the certificate of appropriateness prior to withdrawing the stop work order. (10) [Emergency provisions.] For the purpose of remedying emergency conditions determined to be dangerous to life, health or property, nothing contained herein shall prevent the making of any temporary construction, reconstruction or other repairs to a building or site in the City of Opa-locka, pursuant to an order of a government agency or a court of competent jurisdiction. The owner of a building damaged by fire or natural calamity shall be permitted to stabilize the building immediately without board approval and to rehabilitate it later under the normal review procedures of this chapter. (11) [Review authority.] The board shall have the authority to review applications for certificate of appropriateness for all property in Opa-locka, however owned, by either private or public parties. The purposes of this section shall apply equally to plans, projects or work executed or assisted by any private party, governmental body or agency, department, authority or board of the city, county or state. (Ord. No. 81-13, § 11, 5-27-81; Ord. No. 85-9, § 4, 4-24-85) Sec. 11.1-22. - Maintenance of designated properties. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any elements of any building or structure which does not involve a change of design, appearance or material, and which does not require a building permit. (Ord. No. 81-13, § 12, 5-27-81) Sec. 11.1-23. -Certificates to dig. (1) [Certificate to dig required.] Within an archeological zone, new construction, filling, digging, the removal of trees, or any other activity that may alter or reveal an interred archeological site shall be prohibited without a certificate to dig. All applications to all appropriate municipal or county agencies involving new construction, large-scale digging, the removal of trees or any other activity that may reveal or disturb an interred archeological site in an archeological zone shall require a certificate to dig before approval. Based on the designation report for the archeological zone, a complete Page 10 application for a certificate to dig and any additional guidelines the board may deem necessary, the staff of the board shall approve or deny the application for a certificate to dig by the owners of a property in a designated archeological zone. The certificate to dig may be made subject to specified conditions, including but not limited to, conditions regarding site excavation. In order to comply with the site excavation requirements of the certificate to dig, the applicant may agree to permit a city or county sanctioned archeologist to conduct excavation from the time of the approval of the certificate to dig until the effective date thereof. The findings of the staff shall be mailed to the applicant promptly. Applicant shall have the opportunity to challenge the staff decision or any conditions attached to the certificate to dig by requesting a meeting of the board. The board shall convene within a reasonable time and shall make every effort to review and reconsider the original staff decision to arrive at an equitable decision. The decision of the board shall be reduced to writing. (2) Approved certificates to dig. Approved certificates to dig shall contain an effective date at which time the proposed activity may begin, unless the board decides to designate the site in question as an individual site or district pursuant to section 11.1-10 in which case all the rules and regulations pertaining to the designation process shall apply from the date the designation report has been filed. (3) [Conformance required.] All work performed pursuant to the issuance of a certificate to dig shall conform to the requirements of such certificate. It shall be the duty of the City of Opa-locka, in particular its public works department, to inspect from time to time any work pursuant to such certificate to assure compliance. In the event work is performed not in accordance with such certificate, the official designated by the city manager pursuant to subsection 11.1-11(10) shall be empowered to issue a stop-work order and all work shall cease. No person, firm or corporation shall undertake any work on such projects as long as such stop-work order shall continue in effect. (Ord. No. 81-13, § 13, 5-27-81) Sec. 11.1-24. -Appeals. (1) Upon a written decision of the board or the city manager, an aggrieved party may appeal the decision by filing a written notice of appeal with the city clerk. The notice of appeal shall state the decision which is being appealed, the grounds for the appeal, and a brief summary of the relief which is sought. Subsequently, the city commission shall conduct a public hearing at which time they may affirm, modify or reverse the decision of the board. Nothing contained herein shall prelude the city commission from seeking additional information prior to rendering a final decision. The decision of the city commission shall be reflected in the minutes and a copy of the minutes shall be forwarded to the board and the appealing party. (2) Appeals from any decision of the city commission's written decision granting or denying a regular or special certificate or appropriateness shall be by a petition for certiorari to the circuit court. (Ord. No. 81-13, § 14, 5-27-81; Ord. No. 15-03, § 3, 2-11-15) Sec. 11.1-25. - Penalties. Failure by an owner of record to comply with any provision of this chapter shall constitute a violation hereof and shall be punishable by the board by civil or criminal penalties including a fine of not more than five hundred dollars ($500.00) per day for each day the violation continues. In addition, the board may require that any work performed contrary to this chapter must be removed and the property returned to its condition prior to commencement of said action. (Ord. No. 81-13, § 15, 5-27-81) Sec. 11.1-26. - Incentives. Page 11 All properties designated as individual sites or as designated properties within a district shall be eligible, upon application by the owner(s), for any available financial assistance set aside for historic preservation by Metropolitan Dade County contingent on the availability of funds and the scope of the project as described in the application. (Ord. No. 81-13, § 16, 5-27-81) Page 12 (3) To ensure appropriate information is provided, the accountable official involved shall consult with the HR specialist assigned to prior providing any feedback to the complaining party or the respondent. (Ord. No. 01-2, § 8, 2-14-01) Sec. 2-570.74. -Cases involving non-city personnel. Allegations of sexual harassment, or other misconduct of a sexual nature, by or against persons who are not city employees will also be reviewed by the accountability board. If the respondent is a city employee, the procedures described in section 2-570.73 of this division apply in their entirety. In cases in which the individual against whom the allegation is made is not a city employee, the allegation will be reported to the cognizant contracting officer for referral to the contractor or to the individual's parent organization, as appropriate, for coordination in conducting any inquiry or investigation or in resolving the allegation. The accountability board will track and monitor these allegations to ensure timely and appropriate action. (Ord. No. 01-2, § 9, 2-14-01) Sec. 2-570.75. - Evaluation. (a) The accountability board will evaluate these procedures and their effectiveness on a continuing basis, as well as track and monitor all allegations and their outcomes. The accountability board will analyze trends in allegations and the manner in which they are resolved to identify areas within the city that need attention. Based on its analysis of pertinent data, the accountability board will recommend policies and procedures to correct identified systemic problems in city policies and practices. (b) The overall effectiveness of the accountability board and of these procedures will be evaluated one year after the date of adoption of this division. The outcomes of allegations considered by the accountability board, and the role of the accountability board, in general, will be evaluated to determine their consistency with the objectives stated herein. Appropriate modification to these procedures may include other forms of harassment and discriminatory behavior. (Ord. No. 01-2, § 10, 2-14-01) Secs. 2-570.76-2-570.80. - Reserved. DIVISION 13. -TREE BOARD Sec. 2-570.81. - Power and duties. The City of Opa-locka Tree Board shall be advisory to the city commission in regard to the following matters: (1) To make recommendations to amend, and control over the regulating, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or pathway, except such as are excluded pursuant to applicable law, including the planting, trimming, spraying care and protection thereof. (2) Make recommendations to regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection of trees and shrubbery. (3) Move or require the removal of any tree or part thereof dangerous to public safety. (4) Propose regulations, subject to approval by the city commission. (5) Recommend the treatment or removal of any tree situated upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the city. (6) Meet once a month, as needed, and keep public record of its resolutions, findings and determinations. (Ord. No. 14-05, § 2, 6-11-14) Sec. 2-570.82. -Composition. The tree board shall consist of: Five (5) members, who shall be residents of the City of Opa-locka, one (1) chosen by the mayor and by each member of the city commission, who shall serve a term which will coincide with of that of the person who selected them. Any member may be removed at any time, with or without cause, by the person who appointed them. Members will not receive compensation for their services. A certified arborist retained by the city shall act as an advisor to the board. (Ord. No. 14-05, § 2, 6-11-14)