Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
05101995
City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589~5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 10, 1995 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE IN,¥PECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, ,~'EBA,~'TIAN, FLORIDA Individuals shah address the City Council with respect to agenda items immediately prior to deliberation of the item by the Ci~. Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE iNVOCATION - Reverend Donald Swope - Sebastian Presbyterian Church 4. ROLL CALL 95.086 95.087 PGS 1-3 95.008 PGS 5-10 AGENDA MODIFICAT].QNS (ADDITIONS AND/OR DELETIONS) Items not on the wrilten agenda may be added only upon unanimous consent of the Council members presen! (R-93-]9) PROCLAMATIONS AND/OR ANNOUNCEMENTS Presentation of Plaque - Joan Kostenbader - Code Enforcement Board Presentation of Longevity Awards - Five and Ten Year Employees (List) PUBLIC HEARING, FINAL ACTION The normal order of business for public hearings (R-88-32) is as follows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public Input Staff Summation Mayor Closes Hearing Council Action Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing City Council. A. ORDINANCE NO. ©-95-10 - Minor Subdivision Plats (O-95-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO MAJOR AND MINOR SUBDIVISIONS; AMENDING THE SUBDIVISION ORDINANCE TO ESTABLISH THE REQUIREMENT FOR MINOR SUBDIVISIONS; PROVIDING THAT ANY TRACT OF LAND SUBDIVIDED AS A MINOR SUBDIVISION CANNOT BE FURTHER SUBDIVIDED UNLESS IT MEETS THE REQUIREMENTS OF A MAJOR SUBDIVISION; PROVIDING FOR REPEALL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 2 CO~;ENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. PGS 11-32 A. 95.070 B. PGS 33-40 Approval o£Minutes - April 26, 1995 Regular Meeting, May 2, 1995 Community Action Plan Workshop, May 3, 1995 Community Action Plan Workshop RESOLUTLQN NO. R-95-23 - City Council Meetings (City Clerk Transmittal dated 5/4/95, Revised R-95-23) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF THE RESOLUTION. PRESENTATIONS - None 10. 95.088 PGS 41-66 11. 95.028 PGS 67-80 12. 95 .O89 PGS 81-107 COMMITTEE REPORTS/RECOMMENDATIONS CODE ENFORCEMENT BOARD - Interview and Appoint (Director of Community Development Transmittal dated 4/20/95, Code Enforcement Board Memo dated 4/20/95, 0-93-16, Applications) Appoint Mack May to Regular Member Resident Position Three Year Term Vacated by Joan Kostenbader - Term to Expire March 1998 Appoint Michael Fitzpatrick to Regular Member Subcontractor Position- Unexpired Term Term to Expire February 1997 Appoint David Costa to Alternate Position - Three Year Term - Position Not Previously Filled OLD BUSINESS RESOLUTION NO. R~95-24 - Native Tree List (Director of Community Development Transmittal dated 4/10/95, R-95-24) Tabled at 4/26/95 Regular Meeting to this Agenda - Requires Motion to Remove from the Table A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. NEW BUSINESS Proposed Agreement Between Indian River County and City of Sebastian Re: Purchase of Water and Wastewater System Including Park Place System - Discussion and Take Appropriate Action (City Manager Transmittal dated 5/3/95, Proposed Agreement) 4 95.090 B. PGS 107-110 95.091 C. PGS 111-151 95 .O92 D. PGS 153-172 13. 14. 95.093 PG 173 15. 16. Proposed Amendment to Agreement Between Indian River County and Nelson Hyatt - Lake Dolores (Park Place) Sm'charge (IRC Letter dated 5/2/95, Proposed Agreement) Standard Housing Code - 1994 Edition - Direct City Attorney to Draft Ordinance (Director of Community Development Transmittal dated 5/2/95, Consu-uction Board Memo dated 4/28/95, SBCCI Standard Housing Code - 1994) Carl A. Fischer - South U.S. 1 and Old Dixie Highway - Proposed Comprehensive Land Use Plan Amendment and Rezoning - COR to CL - Direct City Attorney to Draft Ordinances and Set Quasi-Judicial Hearing (Director of Community Development Transmittal dated 5/2/95, Applications, Area Map, Sm-vey, P & Z Recommendation dated 4/21/95, LDC Sections, CLUP Section) INTRODUCTIO~ OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CITY COUNCIL MATTERS A. Mrs,..Norma Damp B. Mr,. Raymond Halloran C. Mayor Arthur Fiction D. Vice Mayor Carolyn Corum 1. Median Cut - U.S. 1/Barber Sn'eet (Transmittal dated 5/1/95) E. h4rs, Louise .Cartwright CITY ATTORNEY MATTERS CITY MANAGER MATTERS 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT 7D ANY MATTER CONSIDERED A T THIS MEETING (0 OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS JO BE HEARD. (286. 0]05 F.S.) IN COMPLMNCE WiTH THE AMERICANS_ WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS iN ADVANCE OF THIS MEETING. The following are the employees who worked for the City for five years, effective during 1988 or 1989: FIV. E YEARS- LETTER OPENER 08/89 Linda Galley City Clerk's Office 02/89 Jan King Community Development O9/89 Gerry Kubes Community Development O5/89 Margie Poole Finance Department 12/88 Jay Bennett Police Department O5/89 Gloria Brown Police Department 04/89 Barbara Corapi Police Department 09/89 Anthony Francisco Police Department O9/89 William Grimmich Police Department 10/89 Robert Lockhart Police Department 05/88 Pat Pastore Police Department 09/89 Joseph Pace Police Department 12/88 Thomas Poore Police Department O4/89 07/89 07/89 02/89 04/89 Timothy Zelinski Jody Bricker Sylvia Clark Phillip Patnode Paul St. Pierre Police Department Public Works Public Works Public Works Public Works The following is a list of employees who have worked for the City for ten years and five years. Because we did not give the awards out last year, there are actually two years worth of awards in these two groups. Please come up to the podium when I call your name. TEN YEARS - CLOCK 01/83 Kathy Nappi Community Development 06/84 Mike Beyer Police Department 12/84 Eugene Ewert Police Department 11/84 Jerry Converse Public Works 08/83 Clifford Jamison Public Works 10/83 Kip Kelso Public Works 04/83 Tim Smith Public Works 04/83 Peter Socci Public Works 05/83 Ed. Wessendorf Public Works Please join me in thanking these employees for helping the City be a better place to live because of each of their contributions. (After awards you may be seated.) ORDINANCE NO. 095- /0 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDAt PERTAINING TO MAJORAND MINOR SUBDIVISIONS; AMENDING THE SUBDIVISION ORDINANCE TO ESTABLISH THE REQUIREMENT FOR MINOR SUBDIVISIONS; PROVIDING THAT ANY TRACT OF LAND SUBDIVIDED AS A MINOR SUBDIVISION CANNOT BE FURTHER SUBDIVIDED UNLESS IT MEETS THE REQUIREMENTS OF A MAJOR SUBDIVISION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILiTY; ~ PROVIDING AN EFF£CTIVE DATE. WHEREAS, the City of Sebastian finds it is necessary to refine the definition of minor subdivisions; and WHEREAS, the City has determined minor subdivision tracts should not be further subdivided without complying with major subdivision requirements. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PURPOSE. The purpose of this division is to assist implementation of the City of Sebastian comprehensive plan by subdivision of real estate within the City in an effort to, among other things, ensure proper legal description, identification, monumentation and recording of real estate boundaries; aid in the coordination of land development in the City of Sebastian in accordance with orderly physical patterns; discourage haphazard, premature uneconomic or scattered land development, ensure safe and convenient traffic control; encourage development of an economically stable and healthful community; ensure adequate utilities; prevent periodic and seasonal flood~ by providing protective flood control and drainage facilities; provide for management and/or protection of water resources; provide public open spaces for recreation; ensure land subdivision with installation of adequate and necessary physical improvements; ensure that the citizens and taxpayers of the City will not have to bear the costs resulting from haphazard subdivision of land and the lack of authority to require installation by the developer of adequate and necessary physical improvements; and ensure to the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed. Section 2. COI~FO~CE REQUIRED. No subdivision of a tract of land anywhere in the incorporated area of the City shall be created except in conformance with this division. No subdivision shall be platted or recorded nor shall any building permit be issued unless the subdivision meets all the applicable laws of the State of Florida and has been approved in accordance with the requirements of the City as herein established. Section 3. MAJOR AND MINOR SUBDIVISIONS. Ail future subdivisions of land within the corporate limits of the City of Sebastian shall be classified as being a "..major" or "minor' subdivision, as defined herein, and shall be subject to the regulations of this code as they apply: 1. (a) Minor subdivision. Any subdivision' of land meeting the following conditions: (1) having four (4) lots or less on an existing street or road; (2) does not require construction of a new street or road; and (3) doe~not require off-site improvements to any roadS~ drainage ~vstem or' utilities. ~ (b) any tract of land ~hat__~..s %ubdivlded as a mino~ / subdivision Gan not be further subdivided ~nl~ss it / ~ / meets the requirements of a ma~or subdivision. Ma~or subdivision. Any subdivision not classified as a minor subdivision. Section 4. ADJUSTMENTS. After consideration and recommendation by the Planning and Zoning Commission, the City Council may authorize adjustments from this chapter when in its opinion undue hardship may result from strict compliance. In granting any adjustment, the city Council shall prescribe only conditions that they deem necessary to or desirable for the public interest. In making its findings, the Council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic, the public health, safety and convenience conditions in the subdivision and in the vicinity thereof. A fee schedule may be established by resolution of the City Council. Section 5. RECORDING OF PLATS. No final plat of any subdivision shall be entitled to record in the office of the Clerk of the Circuit Court until it shall have been approved in the manner prescribed herein. If any [unapproved] plat is recorded, the City Council will request that it be stricken from the records. Section 6. UNLAWFUL SALE OR TRANSFER OF PROPERTY. It shall be unlawful for anyone who is the owner or agent of the owner of any land in the City of Sebastian to transfer, sell, agree to sell, convey, or negotiate to sell such land by reference to, exhibition of or other use of a plat of a subdivision of such land without having recorded an approved subdivision plat is required herein. . If such unlawful use is made of a plat before it is properly approved and recorded, the owner or agent of the owner of such land shall be guilty of a misdemeanor of the first degree, punishable as provided in Section 775.082 or Section 665.083, Florida Statutes. Section 7~ BUILDING PERMITS SUBJECT TO FINAL PLAT APPROVAL AND RECORDING. No building permit shall .be issued nor shall any city services be rendered until a final plat for such impacted land has been approved and recorded pursuant to requirements herein stipulated. Section 8. CREATION OF SUBDIVISION BY JOINT OWNERS OF LAND. Where it may subsequently become evidence that a subdivision is being created by the recording of deeds by metes and bounds description of tracts of land less than one acre, the City may, at its discretion, require all the owners involved to jointly file a plat of the subdivision being so created or require ~11 owners of record to jointly conform to the applicable provisions of this chapter as are requisite for the issuance of building permits or the furnishing of any City service. Section 9. EFFECT ON PREVIOUSLY PLATTED SUBDIVISIONS. This chapter shall not apply to any land forming a part of a subdivision created and recorded prior to adoption of this ordinance, but it shall apply to any resubdividing of each prior subdivision and any new subdivision. Section 10. EFFECT ON ACTIVE SUBDIVISION DEVELOPMENT. Developments which have received preliminary plat ~pproval prior to adoption of these regulations and are recorded W~thin one hundred eighty (180) days following adoption shall be exempt from the requirements for subdivision approval as stated herein. Such developments not having received preliminary plat approval shall be subject to the regulations as stated herein. Section 11. RELATIONSHIP OF DEEDS, COVENANTS, AND OTHER PRIVATE RESTRICTIONS TO THE REGULATIONS FOR THE SUBDIVISION OF LAND. It is not intended by the provisions of these regulations to repeal, abrogate, annul, or in any way impair or interfere with private restrictions, placed upon property by deed, covenant, or private agreement, except that where this chapter imposes higher standards than imposed by such deeds, covenants, or private agreements, then the provisions of this chapter shall apply. Section 12. CODIFICATION. It is the intention of the city Council of the City of Sebastian, Florida, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida, and that the sections of this ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 13. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the city Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 14. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was Councilmember by Councilmember into a vote, the vote was as follows: moved for adoption by . The motion was seconded and, upon being put Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 26, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) Mayor Firtion called the Regular Meeting to order at 7:05 p.m. 2. The Pledge of Allegiance was recited. There was a moment of silence for victims of the Oklahoma city tragedy. 4. ROLL CALL City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Jr. Regular City Council April 26, 1995 Page 95. 076 95.043 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). The City Manager requested that Resolution No. R-95-28, Tree Grant, distributed tonight, be added to the agenda and that item 9D Resolution No. R-95-24 Native Tree List be tabled to May 10, 1995. MOTION by Corum/Halloran I make a motion to table item D of the consent agenda, Resolution No. R-95-24 and to add Resolution No. R-95-28 as item D. ROLL CALL: Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion - aye - aye - aye - aye - aye MOTION CARRIED 5-0 PROCLAMATIONS AND/OR ANNOUNCEMENTS EmDlovee of the 1st Quarter 1995 - Presentation of Plaque to Linda Galle~ Mayor Firtion presented a plaque to Employee of the Quarter, Linda Galley. Equity Study Commission Members - Presentation of Plaques - Thomas Cecrle - Carl A. Fischer - Charles c. Neuberqer, Jr. - Rod Reed Mayor Firtion presented plaques to the above members of the Equity Study Commission. PUBLIC HEARINGt FINAL ACTION None. Regular city Council A~ri~ 26, 1995 Rage Three INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-i9 Limit of Ten Minutes for Each Speaker) Joseph F. Rueck, 4700 Ocean Beach Boulevard, Cocoa Beach, Florida, expressed concern about the fifteen trees required for his property by the new tree ordinance. Harry Thomas, 654 Balboa Street, Sebastian, requested cost information on the utility system. 95.077 95.044 Richard Taracka, 1320 Coverbrook Lane, Sebastian, requested an update on parking in residential areas; requested cost information on the utility system; requested an update on the Riverfront grant; and suggested placing red flashing lights on the rear deck of police vehicles to protect police officers. Herbert Sturm, 549 Saunders Street, Sebastian, complimented the city Manager for putting up an emergency exit light; commended City staff for cleaning palm fronds at the park at Easy and Lake and asked about the swimming ban at that park; asked Council to form a blue ribbon committee to ascertain that taxpayers' funds are being wisely spent. CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 4/5/95 Workshop, 4/12/95 Regular Meeting Proposed Budget Calendar for Fiscal Year 19~95- 1996 (City Manager Transmittal dated 4/18/95, Calendar) Fourth of July Celebration - Approve Closing of Certain Streets, Use of city Facilities for Planning Meetings and Staging, Appropriation of $5,000.00 and Placement of Advent Balloon in Riverview Park w/Certificate of Insurance (City Clerk Transmittal dated 4/19/95, Director of Community Development Transmittal dated 4/14/95, Malek Letters dated 4/10/95) Regular city Council April 26, 1995 Page Four 95v8~8 ..... ~B~ee~e~-~-S~mm~%y-BeYe~pme~-~a~sm~a~ A-RMSSBWT~SN-SP-TME-e~T¥-eF-SEBAST~ANT-~NB~AN R~VER-~SWNT¥?-FBSR~BAT-ABSPT~NS-A-~ST-SF-NAT~V~ TREMST-PRSV~B~N~-FSR-SEVERAB~B}TYT-PRSV~B~N~-FSR REPEAB-SF-RMSSBWT~SN$-SR-PARTS-SF-RESSBWT~SNS? eSNFA~STST-ANB-PRSV~B~NS-FSR-AN-EFFEST~VM-BATM= 95.085 D. RESOLUTION NO. R-95-28 - Tree Grant 95.068 95.078 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TO ENTER INTO A PLANT A TREE TRUST FUND GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-95-26 - Culvert Pipe Policy (city Manager Transmittal dated 4/20/95, R-95-26) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A CULVERT PIPE POLICY; ESTABLISHING COSTS; ESTABLISHING AN APPLICATION FOR CULVERT PIPE; ESTABLISHING AN APPLICATION FEE; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO ENTER iNTO CULVERT PIPE AGREEMENTS ON BEHALF OF THE CITY; REPEALING RESOLUTION NO. R-93-35; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-95-27 - Legal Services Agreement - Nabors, Giblin - Bond and Financial Issues Re: Utility System (City Manager Transmittal dated 4/20/95, R-95-27) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF AN ATTORNEY; AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY COUNCIL, TO ENTER INTO A LEGAL SERVICES AGREEMENT WITH NABORS, GIBLIN & NICKERSON, P.A., FOR THE PURPOSE OF PROVIDING LEGAL ADVICE TO THE CITY ON BOND AND FINANCIAL ISSUES FOR THE CITY OF SEBASTIAN UTILITY SYSTEM; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 4 Regular City Council a~ri~ 26, 1995 Page Five 95. 079 G. 95. 080 H. Goodwill Industries Request to Place Temporary Trailer on Walmart Property Not to Exceed Eleven Months - Contingent Upon Contractor Obtaining Building Permit (Director of Community Development Transmittal dated 4/14/95, Chase Letter dated 4/11/95) GFWC Sebastian River Junior Woman's Club Request Use of Riverview Park - 11/18/95 (11/19/95 Raindate) - Harvest Arts and Crafts Fair - Use of Electricity and Standard Conditions (Director of Community Development Transmittal dated 4/17/95, Harle Letter dated 4/12/95) The city Manager read the consent agenda. The City Attorney read titles for Resolution Nos. R-95-26, and R-95-27 and R-95-28. (R-95-24 was tabled to 5/10/95) Mrs. Cartwright removed items C and E; Mr. Halloran removed item G; and Mrs. Damp removed items E and G. MOTION by Cartwright/Damp I move that we approve item A, B, D, F, and H of the consent agenda. ROLL CALL: Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Item C - Fourth of July Requests Mrs. Cartwright said John Malek asked that Indian River Drive be included in the street closing request. Vice Mayor Corum asked if Indian River County had any jurisdiction over Indian River Drive. The city Manager said it did not. MOTION by Cartwright/Corum I move that we approve item C with the addition of Indian River Drive. 5 Regular City Council April 26, 1995 Page Six ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Item E - Resolution No. R-95-26 Mrs. Cartwright said she discussed the resolution with the city Manager and stated she sees two scenarios, whereby the property is either owned and maintained by the City or the property owner. She questioned the level of involvement of Department of Environmental Protection and St. John's River Water Management District, and recommended that implementation of this resolution be suspended until that can be determined. The City Manager advised, if this resolution is suspended, the current policy (R~93-35) should also be suspended at this time, since it was possible that DEP and SJRWMD approval may be needed. MOTION by Cartwright/Corum i move that we table Resolution No. R-95-26 until further notice. ROLL CALL: Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp - aye - aye - aye - aye - aye MOTION CARRIED 5-0 The City Attorney recommended the City Manager be directed not to enter into any permits for two weeks or until it is determined whether DEP or SJRWMD approval is needed. 6 Regular City Council A~ril 26, 1995 Page Seven MOTION by Halloran/Damp I make a motion that we hold all applications for R-93-35 pending the information from the City Manager. ROLL CALL: Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran - aye - aye - aye - aye -~ aye MOTION CARRIED 5-0 Item G - Goodwill Industries ~ Temporary Trailer Request Mrs. Damp requested further information on the placement of the trailer. The Director of Community Development displayed a map on an overhead. Mr. Halloran objected to the drop off point because of possible unsightliness. The Director of Community Development suggested conditions can be placed on the approval to avoid nuisance. Vice Mayor Corum suggested the trailer be moved further west. Fran Chase, Goodwill Industries, presented a photograph, stated that Walmart has very strict policies for trailers, that trailers are manned eight hours seven days per week, and that the location was suggested by Walmart based on traffic. TAPE I - SIDE II (7:52 p.m.) Ms. Chase's presentation continued. Vice Mayor Corum objected to the proposed location. MOTION by Corum/ I make a mOtion to approve item G with the exception of moving the trailer back on the west on the property as shown on the overhead by Bruce Cooper. MOTION FAILED for lack of a second. Regular City Council April 26, 1995 Page Eight 10. 11. MOTION by Corum/Halloran I make a motion to deny item G. ROLL CALL: Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion - aye - nay - nay - aye - nay MOTION FAILED 2-3 (Cartwright, Damp, Firtion - nay) MOTION by Cartwright/Damp I make a motion to approve item G as is. ROLL CALL: Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum - aye - aye - nay - aye - nay MOTION CARRIED 3-2 (Halloran, Corum - nay) PRESENTATIONS None. COMMITTEE REPORTS/RECOMMENDATIONS Mrs. Cartwright reported that the Council of Public Officials requested that the City take a position on proposed legislation on partial year assessments and perhaps the item can be workshopped. The City Manager recommended that any position statement be in the form of a resolution to state the official policy of the elected officials. Vice Mayor Corum and Mr. Halloran requested further information. The City Clerk said she would call Lynn Tipton, Florida League of Cities to determine the status of the bill and report to City Council. 8 R~gular city Council APri~ 26, 1995 Page Nine 95. 081 95.082/ 95.068 12. A. PLANNING AND ZONING COMMISSION Interview Ail Applicants (R-94-51) - P & Z Recommendation to A_p_point Joseph Schulke to Reqular Member Position - Unexpired Term Vacated bv John Falke - Expires 6/97 /Director of Communit~ Development Transmittal dated 4/18/95,.. P & Z Memo dated 4/7195, ADDlicationsL R-94-51.Under Separate Cover) City Council determined interviews were not necessary and following brief input on applicants, motion was made. MOTION by Corum/Halloran I make a motion for Council to approve Horry Johns for the term expired by Mr. John Falke term to expire June 1997. ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Mayor Firtion called recess at 8:13 p.m. and reconvened the meeting at 8:22 p.m. Ail members were present. OLD BUSINESS A. David Costa - Drainaq~ Problem /No Backup) David Costa, 499 Concha Drive, Sebastian, referred to two sets of cost estimates received from the City and a letter from the Director of Community Development, regarding the installation of two twelve foot pipes. He stated that he believed any cost on his part was double taxation, expressed concern for safety, and further requested that a culvert pipe be installed between his driveways. The Director of Community Development clarified the City's obligation to install the two twelve foot pipes only. 9 Regular city Council April 26, 1995 Page Ten Herbert Sturm pointed out that he had signed up to speak. Mayor Firtion said he would allow Mr. Sturm to speak after Mr. Costa. The Public Works Director fUrther explained the cost estimates and the design and layout of Mr. Costa's property as it relates to drainage. City Council discussion followed. Herbert Sturm, 549 Saunders Street, Sebastian, noted that the engineering department has used a specific design which has been complied with for many years. He submitted it to the City Clerk. TAPE II - SIDE I (8:50 p.m.) Mr. Sturm's input continued. Mr. Costa continued his presentation. The City Manager requested that this matter be referred to staff for a more solid recommendation. Mr. Costa demanded a decision tonight. Vice Mayor Corum called a point of order and requested that the matter be sent to staff for formal recommendation. Mrs. Damp asked if the pipe was installed would it do any damage. The Public Works Director said it would provide run-off into the road. Vice Mayor Corum reiterated that a City Council decision can not be made until staff recommendation is received in writing. The City Manager said Department of Environmental Protection and St. John's River Water Management District may have concerns in this matter. Mr. Costa said that he wanted to be on the next agenda for a final decision. The city Manager advised Mr. Costa to contact the Public Works Director to ascertain when the meeting with agency representatives will be held. Mr. Costa directed that the pipe be installed tomorrow or he would sue the City. 10 Regular City Council A~ri~ 26, 1995 Page Eleven 13. NEW BUSINESS 95.032 A. ORDINANCE NO. O-95-12 - Repealing 0-95-05 - Antique, Consignment and Secondhand Shops (City Manager Transmittal dated 4/20/95, O-95-12G) 1st Reading, Set Public Hearing for 5/24/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A-2.5.C.6, 20A-2.5.C.13., 20A-6.1.C.18 AND 20A-3.10.B. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; TO CLARIFY CLASSIFICATIONS AND DEFINITIONS; TO PERMIT ANTIQUE SHOPS AND SECONDHAND STORES IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICTS; TO ALLOW FLEA MARKETS AND PAWN SHOPS IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AS A CONDITIONAL USE; AMENDING THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA ,TO ADD ANTIQUE SHOPS, CONSIGNMENT SHOPS, SECONDHAND STORES AND SPORTING GOODS SHOPS TO SECTION 20A-2.5.C.6; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; REPEALING ORDINANCE NO. 0-95-05; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-95-12 by title only. MOTION by Corum/Damp I make a motion to approve the first reading and set the public hearing on Ordinance No. O-95-12 for 5/24/95. ROLL CALL: Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp - aye - aye - aye - aye - aye MOTION CARRIED 5-0 11 Regular City Council April 26, 1995 Page Twelve 95.043 B. ORDINANCE NO. O-95-11 - Occupational License Fees (City Clerk Transmittal dated 4/19/95, O-95-11) 1st Reading, Set Public Hearing for 6/14/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 30, ARTICLE II OF THE CODE OF ORDINANCES, RECLASSIFYING OCCUPATIONS; REVISING THE OCCUPATIONAL LICENSE TAX .FEE SCHEDULE; IMPOSING ADDITIONAL PENALTIES; ESTABLISHING EXEMPTIONS; IMPOSING ADDITIONAL REQUIREMENTS FOR ISSUANCE OF LICENSES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-95-11 by title only. The City Attorney explained the further reduction of certain fees to comply with Florida Statutes, a typo in Section 30-29 (knowingly), the need for notice mailing date in 30-38, inconsistency of charging $90.00 for unclassified businesses since most others are $60.00 in Section 30-50 and in the fee list, and page rental fees being perhaps too low in relation to other fees, and suggested that each issue be addressed individually. MOTION by Corum/Halloran I make a motion to correct the spelling of "knowingly" on page three of O-95-11. ROLL CALL: Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion - aye - aye - aye - aye - aye MOTION CARRIED 5-0 MOTION by Cartwright/Damp I move that we approve the amendment in Section 30-38 for the city Clerk to send out the annual renewal notices for all businesses that hold a license no later than August 1. 12 Regular City Council A~rii 26, 1995 Page Thirteen ROLL CALL: Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum - aye - aye - aye - aye - aye MOTION CARRIED 5-0 MOTION by Corum/Cartwright I make a motion in Section 30-50 to change the non-specifically designated trades or.occupational licenses to $60 from $90 and that will also change on page 19 of the ordinance from $90 to $60. ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Mayor Firtion called a brief recess at 9:45 p.m. due to tape problems. All members remained on the dais. TAPE III - SIDE I (9:45 p.m.) MOTION bY Halloran/Cartwright I move that we revise the rental fees in item 10 to $30 for apartment rental and $5 for each individual rental. ROLL CALL: Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp - aye - aye - aye - aye - aye MOTION CARRIED 5-0 MOTION by Cartwright/Damp I'll move that we upgrade the language to make it gender neutral in all categories. ROLL CALL: Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran - aye - aye - aye - aye - aye MOTION CARRIED 5-0 13 Regular City Council April 26, 1995 Page Fourteen 95.083 95.084 MOTION by Corum/Cartwright I make a motion for Council to approve the 1st reading and set the public hearing for 6/14/95 with the changes made here tonight for Ordinance No. 0-95- 11. ROLL CALL: Vice Mayor Corum Mrs. Cartwright Mrs. Dampi Mr. Halloran Mayor Firtion - aye - aye - aye -. aye - aye MOTION CARRIED 5-0 Proposed Amendment to Land Development Code - Section 20A-3.8(A) D(8)Re: C-512 Landscape ReQuirements CDirector of Communit~ Development Transmittal dated 4/18/95, P & Z Memo dated 3/17/95, LDC Section) MOTION by Cartwright/Damp I move that we approve the proposed amendment to the Land Development Code with deletion of the word "satisfactory". ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright - aye ~ aye - aye - aye - aye MOTION CARRIED 5-0 Proposed ComDrehensive Land Use Plan Amendment and Rezoninq 2 Sebastian Christian Church - Tract F,. Sebastian Hiqhlands Unit 17 - Schedule Quasi- Judicial Hearing (.Director of Community Development Transmittal dated 4/17/95, A~Dlications, P & Z Recommendation dated 4/7~95, LDC Sections, CLUP Policies) MOTION by Halloran/Cartwright I move that we schedule a quasi-judicial hearing for 95.084 for June 14, 1995. 14 Regular city Council a~il 26, 1995 Page Fifteen 95.067 14. ROLL CALL: Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp - aye - aye - aye - aye - aye MOTION CARRIED 5-0 CITY COUNCIL MATTERS A. Mrs. Louise Cartwriqht None. B. Mrs. Norma Damp Mrs. Damp suggested the City install a phone system for emergency public information; asked about status of the residential parking ordinance; and inquired whether two sets of engineering consultants will be selected. C. Mr. Raymond Halloran Mr. Halloran suggested better communication for water outages and presented a form to the City Clerk which can be faxed to Coastal Cable for immediate broadcast. D. Mayor Arthur Firtion Amend Liaison Appointment to Economic Development Council (No Backup_k Vice Mayor Corum requested that Mrs. Damp take the Economic Development Council. Mrs. Damp did not accept the position. Mayor Firtion referred Mrs. Damp to the April 5, 1995 minutes in response to her question about consultant selection. He said the paper indicated that five would be selected rather than two sets of three which was what Council directed. The City Manager said the way in which the RFP was written may affect the selection. The city Attorney said he would review the RFP to determine if this would be allowable. 15 Regular City Council April 26, 1995 Page Sixteen E. Vice-Mayor Carolv~ Corum Vice Mayor Corum asked if the George Street problem had been addressed; said she would like to give up her membership on the Economic Development Council; expressed concern about the legality of the adoption of the tree ordinance due to last minutes changes. MOTION by Corum/Cartwright I make a motion to put the issue of the tree ordinance on tonight's agenda. ROLL CALL: Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Vice Mayor Corum inquired when trees will be planted in the medians and expressed concern for planting in the summer. TAPE III - SIDE II (10:12 p.m.) The City Attorney advised that certain definitions were amended and should perhaps be reviewed for future amendment. He said he was not concerned about the legality of the publication of the previous notice. MOTION by Corum/Cartwright I make a motion for City Council to direct the city Manager to contact our Tree Advisory Committee to look at our tree ordinance particularly at definitions. ROLL CALL: Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Vice Mayor Corum suggested that costs for quasi- judicial matters be looked at. 16 Regu%ar City Council April 26, 1995 Page Seventeen 15. 16. 17. CITY ATTORNEY MATTERS The city Attorney, referring to a request from Mr. Zullo for permission to place a portable basketball hoop in right-of-way, advised that the City needs to be concerned about liability. Mayor Firtion directed the city Manager to send a letter to Mr. Zullo. CITY MANAGER MATTERS The city Manager reminded city Council about its Community Action Plan workshops next Tuesday and Wednesday, stated that he would be away May 15 through 19 and the City Clerk would be Acting City Manager, and said he would hold mini staff meetings on Fridays to review the agenda prior to its submittal. Mayor Firtion adjourned the Regular Meeting at 10:20 p.m. Approved at the , 1995, city Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 17 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL COMMUNITY ACTION PLAN WORKSHOP WEDNESDAY, MAY 2, 1995 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Community Action Plan Workshop convened at 6:30 p.ln. Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Councilmember Louise Cartwright Councilmember Norma Damp Councilmember Raymond Halloran Staff.Present: City Manager, Joel Koford City Clerk, Kathryn M. O'Halloran Deputy City Clerk, Sally Maio The City Manager presented his reco~nmendation for the five year Community Action Plan (see attached), The Workshop adjourned at 7:30 p.m. Approved at the 1995, Regular City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL COMMUNITY ACTION PLAN WORKSHOP WEDNESDAY, MAY 3, 1995 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Community Action Plan Workshop convened at 6:30 p.m. Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Councilmember Louise Cartwright Councilmember Nonna Damp Councilmember Raymond Halloran Staff Present: City Manager, Joel Koford City Clerk, Kathryn M. O'Halloran Public Works Director, Richard Votapka Deputy City Clerk, Sally Maio The City Manager continued his presentation of the five year Community Action Plan from the previous evening and distributed further documentation (see attached). The Public Works Director presented the bikepath proposal. City Council discussion followed. Mayor Firtion requested reestablishment of the Pothole Committee. Vice Mayor Corum recommended a bikepath on George Street. Discussion took place on further review of the Traffic Circulation Plan. Mrs. Cartwright requested a bikepath from Tulip to Laconia to the library. Discussion took place on the lack of requirement for sidewalks in subdivisions. Community Action Plan Workshop May 3, 1995 Page Two TAPE I - SIDE II (7:15 p.m.) Discussion continued relative to placement of sidewalks within a two mile radius of schools, the possibility of curb and gutter, a request for a list of streets paved per unit, and the possibility of districting. Vice Mayor Corum requested trees for the Creative Playground, enhancement of Blossom Park as a wetlands, a jogging trail south of CR512, and suggested City Council submit an application for funding for the property north of City Hall. The City Manager announced that he would conduct two more workshops in June and July and would bring back further recommendation. The Workshop adjourned at 7:30 p.m. Approved at the ., 1995, Regular City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: RESOLUTION NO. AGENDA NO: R-95-23 CITY COUNCIL MEETINGS DEPT. ORIGIN: CITY CLEKK DATE SUBMITTED: 5/4/95 MEETING DATE: 5/10/95 R-95-23 APPROVED FOR SUBMITTAL: EXHIBITS: Expenditure Required: N/A Amount Budgeted: [ Appropriation Required: N/A . N/A SUMMARY STATEMENT Proposed Resolution No. R-95-23 was presented at the April 5, 1995 workshop. It would have eliminated workshops on the first Wednesday of each month and scheduled them prior to Regular Meetings when needed. City Council directed staff, at that meeting, to combine all procedures resolutions into one. This office drafted a new resolution combining all but the quasi-judicial procedures and sent it the City Attorney for review. A final draft of Resolution No. R-95-23 as revised by the City Attorney is presented for your approval. RECOMMENDATION Adopt Resolution No. R-95-23. RESO ,UT 0N NO. 95- 5 A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIALMATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF THE RESOLUTION. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings by repealing current Resolutions and combining them into one Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. CITY COUNCIL MEETING DATE AND TIME: Regular City Council meetings shall be held on the second and fourth Wednesdays of each month at-7~-~=~. City Council Workshops shall be held, when needed, on the second and fourth Wednesdays at~6~O--~4%. Ail Regular Meetings and Workshops will adjourn at 10:30 P.M. unless extended by unanimous vote of the city Council members present. All unfinished business at adjournment shall be carried to the next regularly scheduled City Council meeting unless prior to adjournment items are placed on a special meeting agenda. SECTION 2. NO SUBSTANTIVE DECISIONS AT WORKSHOPS: At s, matters may be discussed and placed on an appropriate ~i~y Council meeting agenda for action. Substantive decisions shall not be made at workshops. SECTION 3. ROBERTS RULES OF ORDER ADOPTED: The City Council will follow Roberts Rules of Order, Revised, 9th Edition, published by Scott, Foresman as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. The City council recognizes Roberts Rules of Order are not applicable to every procedural matter governing a public official in the State of Florida. Each Council member must vote on all motions unless a Council member has a conflict of interest. A Council member may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or a point of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION: The City Manager is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION: City council, by unanimous vote of members present, may modify the agenda to add agenda items. SECTION 6. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI- JUDICIAL) BEFORE CITY COUNCIL: The order for public hearings (other than quasi-judicial) before City Council is as follows:~ 2 1. Chairperson shall announce the opening of the public hearing. 2. City Attorney shall read the Ordinance or Resolution by title unless law requires more than the title be read. 3. Chairperson, if appropriate, shall announce the ground rules that apply to the hearing. 4. City staff shall make a presentation, comments and preliminary recommendation, if any. 5.Public input. a. Individuals in favor of approval of the matter. b. Individuals against approval of the matter. c. Individuals providing information only on the matter. 6. City staff final comments and recommendation, if any. 7. Chairperson closes hearing unless hearing continuation granted by vote of three Councilmembers. Continuance of Public Hearinq. City council may continue a public hearing unless a continuance would violate City Charter, City Code, State or Federal law. A public hearing may be continued to a time certain and the time and date that the hearing will be re-opened shall be stated in the record. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. Deferrinq Decision on Merits. City Council may defer a decision on the merits of any matter pending as a result of a public hearing. Suspension of Rules. Any provisions of this Resolution may be suspended for good cause by a vote of at least four Councilmembers present at the time of the decision to suspend. The good cause shall be stated on the record. Failure to Follow Rules. If City Council fails to strictly abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 7. PROCEDURES FOR SPEAKERS AND INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC: Siqn-up Sheet. Speaker sign-up sheets shall be provided by the City Clerk prior to the commencement of any meeting of City Council. Speakers at council meetings shall be limited to individuals who have signed up to speak prior to commencement of the meeting or workshop. Public Input on Aqenda Items. Individuals who wish to address the City Council on items where public presentations are permitted on the agenda shall address the City Council immediately prior to City Council deliberation of the agenda item. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Individuals shall have the opportunity to address city Council if they have signed the sign-up sheet prior to the commencement of the meeting with respect to an agenda item when public presentations are allowed on a first-come, first heard basis. In addition, individuals shall have the opportunity address City Council during a public hearing held in accordance with any federal or state law, the City Charter, the Code of Ordinances and the Land Development Code of the City of Sebastian. Introduction of New Business from the Public. introduction of New Business from the Public shall be that portion of Regular Meeting agendas at which individuals may introduce new business not otherwise on the prepared agenda. Any individual wishing to introduce new business during the Introduction of New Business from the Public section of Regular City Council meetings shall indicate this by signing the sign-up sheet available to the public in City Council Chambers or the city Clerk's Office ~rior to commencement of the ~eeting. Individuals shall be heard on a first come, first heard basis. Individuals are encouraged, whenever possible, to meet with staff to attempt to resolve matters. Individuals are also encouraged, whenever possible, to sign up for Introduction of New Business from the Public by noon on the Thursday preceding the Regular Meeting and provide documentation for inclusion in the agenda packet. Introduction of New Business shall not be allowed at workshops. No Public input at Special Meetinqs. No public input or introduction of new business from the public shall be allowed at a cial meeting, other than a scheduled public hea~'ing, if any, / unl~ss~rovided i__n the meeting call. 6qenda Modification. City Council, by unanimous vote of members present, may modify the agenda to add an additional agenda item, and, in such event, an individual who wishes to address city with respect to the new agenda item, shall be afforded a ~easonable opportunity to sign the sign-up sheet for such new agenda item. Time Limit for Public Input. Individuals, who are not parties in quasi-judicial proceedings, shall be limited to ten (10) minutes in making oral presentations to the City Council, except if extended by the Chair or reduced by the Chair based on the amount of time available. Written Presentations. Individuals may also submit written presentations to the City Council by providing ten (10) complete copies to the City Clerk prior to commencement of the meeting. Public InDut Addressed to Chair. All public input from speakers shall be addressed to the Chair, unless answering a question of a member of City Council or City staff. SECTION 8. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS: The City Clerk's Office is not required to prepare verbatim transcripts or parts of any minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any parts of any minutes it deems necessary and proper for conduct of internal affairs of the City. Any person shall be required to transcribe their own verbatim transcript from a copy of the tape provided by the City Clerk's Office at such cost as allowed by Florida Statute. SECTION 9. CONFLICTS: Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed, including Resolutions Nos. R-81-34A, R-85-35, R-86-46, R-87-26, R-88-32, R- 93-19 and R-93-20. 6 SECTION 10. EFFECTIVE DATE: effect immediately upon its adoption. The foregoing Resolution was Councilmember by Councilmember a vote, the vote was as follows: This Resolution shall take moved for adoption by The motion was seconded and, upon being put to Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Resolution duly passed and adopted this day of ........... , 1995. CiTY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: AND ALTERNATE MEMBERS TO THE CODE ENFORCEMENT BOARD APPOINTMENT OF REGULAR ) Agenda Number: ) ) Dept. Origin: Community. Development Approval for Submittal By: City Manager Date Submitted: 4/20/95 For Agenda Of: 5/10/95 Exhibits: 1. Memo dated 4/20/95 from Code Enforcement Board Secretary 2. 0-93-16 3. Applications (BC) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Ordinance O-93-16, Section 2-179, states the Code Enforcement Board shall be a seven member Board, and at City Council's discretion, have up to two alternate members. Currently, the Code Enforcement Board has six members. Mrs. Kostenbader's term expires in May, and she is not up for reappointment. The subcontractor position has been vacant since February 1994. At its regular meeting of April 19, 1995, the Code Enforcement Board reviewed and interviewed all applicants, and passed a motion to recommend to City Council to appoint Mr. Mack May to the expired resident position, Mr. Michael Fitzpatrick to the subcoD~ctor position, and Mr. Dave Costa as an alternate member. Agenda Cover Sheet Code Enforcement Board Page Two RECOMMENDED ACTION Appoint Mr. Mack May, term to expire March 1998; appoint Mr. Michael Fitzpatrick, term to expire February 1997; and appoint Mr. Dave Costa as an alternate member to the Code Enforcement Board. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: April 20, 1995 Mayor, City Council Dorri Bosworth, Secret~.. Code Enforcement Boar~/.~ Vacant Board Positions At its regular meeting of April 19, 1995, the Code Enforcement Board passed a motion to recommend to City Council to approve filling its vacant positions with the following applicants, subject to City Council's own review of all the applications: Regular Member Position, expired term, vacated by Joan Kostenbader: Mr. Mack B. May 2. Subcontractor Position: Mr. Michael Fitzpatrick 3. Alternate Position: Mr. Dave Costa A fourth applicant, Mr. Robert Pruitt, Jr., was not present at the meeting to be interviewed, possibly to fill the other vacant alternate position. ORDINANCE NO. 0-93-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTYt FLORIDA, AMENDING, IN ITS ENTIRETYt CHAPTER 2, ARTICLE VI, DIVISION 2~ OF THE CODE OF ORDINANCES~ PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian employs the use of a Code Enforcement Board, pursuant to Chapter 162 of the Florida Statutes, as a method of enforcing the City's Code of Ordinances and Land Development Code; and WHEREAS, Chapter 162 of the Florida Statutes has been amended by the Florida Legislature, resulting in the need for the City's ordinance, pertaining to the Code Enforcement Board, to be amended in order to remain consistent with Chapter 162; and WHEREAS, the City Council of the City of Sebastian has further determined that the current ordinance pertaining to the Code Enforcement Board requires amendments in order to ensure that the procedure for enforcing the city's Code of Ordinances and Land Development Code is administered in accordance with principles of due process. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: ~ection 1 - Chapter 2, Article VI, Division 2, of the Code of Ordinances of the city of Sebastian is hereby amended in its entirety to hereafter provide as follows: ,'DIVISION 2. CODE ENFORCEMENT BOARD Sec. 2-176. Created. (a) There is hereby created and established the Sebastian-Oode Enforcement Board. The Board is created and established pursu~ to the authority granted pursuant to the Local Government Code Enforcement Boards Act, F.S. §§ 162.01 through 162.13. (b) Those provisions of the Local Government Code Enforcement Boards Act, as set forth in F.S. §§ 162.01 through 162.13, which are not inconsistent with this division, are hereby adopted as ordinances of the City. (Code 1980, § 2-91) sec. 2-177. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Board means the Sebastian Code Enforcement Board. City means the City of Sebastian, Indian River County, Florida. Code inspector means those employees or other agents of the City whose duty it is to enforce City codes and/or to present Code violations to the Board. Code(s) means the Code of Ordinances Development Code of the city of Sebastian. and/or the Land county means Indian River County, Florida. Person means any individual, corporation, partnership, firm, association, legal representative, trustee or receiver. Repeat violation means a violation of a provision of a code by a person whom the Code Enforcement Board has previously found to have violated the same provision within five years prior to the violation. Violator means the person responsible for the code violation which, in the appropriate circumstances, shall either be the perpetrator of the violation or the owner of the real property upon which the violation occurred. (Code 1980, § 2-92). Cross referenoe-Definitions and rules of construction generally, § 1-2, of the Code of ordinances of the City. State law reference-Similar provisions, F.S. § 162.04 (1991). Sec. 2-178. Jurisdiction. (a) Unless exclusive jurisdiction and authority for enforcement of the city's Code of Ordinances and Land Development Code is expressly and exclusively granted to one of the City's other boards, commissions, committees or administrative officials, 2 the Code Enforcement Board shall have authority and jurisdiction to hear and determine alleged violations of the Code of Ordinances and Land Development Code of the City.of Sebastian. (b) The jurisdiction of the Code Enforcement Board shall not be exclusive, but shall be concurrent with any other Board, commission, committee or administrative official charged with the enforcement of the Code of Ordinances or Land Development Code of the City. (Code 1980, § 2-93) Sec. 2-179. Membership; composition. The Board shall be composed of seven regular members, and at City Council's discretion, up to two alternate members. All members shall be appointed by the City Council and the Board shall consist, whenever possible, of the following: One architect. One businessman. one engineer. ~4) One general contractor. One realtor. One subcontractor. ~ The final member, and alternates if appointed, may be any qualified resident of the City. (Code 1980, § 2-94(a)) State law reference-Similar provisions, F.S. § 162.05(2) (1991). Sec. 2-180. Qualifications. Each regular member appointed to the Board shall possess the following minimum qualifications: (i) The architect and the engineer shall be registered under the laws of the State of Florida regulating the practice of architecture and engineering or shall possess similar qualifications under the laws of other states or shall have actual experience deemed by the city Council to be equivalent to such registration. - The general possess a occupational license, recognized and contractor and the valid certificate subcontractor shall of competency and accepted un~ laws of the State of Florida and the codes of the City, regulating the business of contracting and, where required, state registration as a contractor, or shall possess similar qualifications under the laws of other states, or shall have actual experience deemed by the City Council to be equivalent to such certification. (3) The realtor shall be licensed under the laws of the State of Florida, licensing real estate brokers as either a broker or salesman, or shall possess similar qualifications under the laws of other states or shall have actual experience deemed by the City Council to be equivalent to such licensing. (4) The businessman shall be actively engaged in any lawful business within the city, or shall be an officer or employee of a business entity holding a current and valid occupational license issued by the City. (5) Each member shall be a resident of the City. If a member of the Board ceases to be a resident of the City, such member shall immediately notify the city Clerk of such occurrence and their membership on the Board shall terminate automatically and immediately. (Code 1980, § 2-94(b)) Sea. 2-181. Terms of office. (a) Of the regular members initially appointed to the Board: (1) Two members shall be appointed for a term of one year each. (2) Three members shall be appointed for a term of two years each. Two members shall be appointed for a term of three years each. (b) After the initial appointments, all subsequent appointments shall be made for terms of three years each. (c) In no event shall any individual who has served as a regular member of the Board for the greater of two consecutive terms or six consecutive years be reappointed to serve another consecutive term as a regular member of the Board unless no other person, who is otherwise legally qualified to serve as a r~gular member of the Board, has filed an application, which is then still pending, with the City Clerk, seeking appointment to serve as a regular member of the Board. e 1980, § 2-94(c); Ord. No. 0-91-23, § 1, 9-25-91) 4 Sec. 2-182. Vacancies and reappointments. (a) If any member fails to attend two of three successive Board meetings, without cause, and without prior approval of the chairman, the Board shall declare the member's office vacant and the City Council shall promptly fill the vacancy in accordance with the provisions of this Section. (b) Ail members of the Board shall serve in accordance with the requirements of this division. The City Council may suspend or remove any member, for cause, prior to the expiration of their term. (c) Any member may be reappointed to the Board in accordance with Chapter 162 of the Florida Statutes, subject to the limitations set forth in section 2-181.. Appointments to fill any vacancy on the Board shall be for the remainder of the unexpired term of office. Furthermore, two months prior to the expiration of the term of any member, or in the event of any vacancy, the city Clerk shall provide the Chairperson, the city Manager and the city Council with a copy of all pending applications for membership on the Board, even if the incumbent board member intends to seek reappointment. Whenever a current or former board member is being considered for appointment or reappointment to the Board, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such person pursuant to Florida Statute §112.3143. (Code 1980, § 2-94(d); Ord. No. O-91-23, §2, 9-25-91) State law reference-Similar provisions, F.S. § 162.05(3) (d), (e), (f) (1991). Sec. 2-183. Quorum. Four or more members of the Board shall constitute a quorum. (Code 1980, § 2-96) State law reference-Similar provisions, F.S. § 162.05(4) (1991). Sec. 2-184. Compensation. Members of the Board shall serve without compensation, but may be reimbursed for such travel, mileage expenses and per diem expenses as may be authorized by the City Council and approved by the City Manager, or as are otherwise provided by law. (Code 1980, § 2-97) State law reference-Similar provisions, F.S. § 162.05(4) (1991). - Sec. 2-185. Organization. (a) The Board officers shall consist of a 5 chairperson~ chairperson and such other officers as the Board shall deem necessary. (b) officers of the Board shall be elected by a majority vote of the membership of the Board. The election shall be held at the first meeting of the Board calendar year when all appointed members are present. (Code 1980, § 2-95) State law reference-Similar provisions, F.S. § 162.05(4) (1991) . Sec. 2-186. Rules and regulations. The Board may adopt such rules and regulations, as are not inconsistent with the provisions of Chapter 162 of the Florida Statutes or this division, for the conduct of its hearings. (Code 1980, § 2-98) State law reference-Similar provisions, F.S. § 162.08(1) (1991). Sec. 2-187. Clerk. The city Clerk shall appoint a city employee to be the Board clerk, who shall perform the functions assigned to the clerk as set forth in this division. (Code 1980, § 2-99) Sec. 2-188. Legal counsel. The city Council shall, upon recommendation of the Board, appoint a member of The Florida Bar, to represent and be counsel to the Board and attend all meetings. The legal counsel shall be compensated as provided by the city Council. (Code 1980, § 2-100) State law reference-Attorneys, F.S. § 162.05(5) (1991). Sec. 2-189. city attorney. The City Attorney shall represent the City and the code inspector before the Board; shall present the city's case on all formal hearings; and shall have prosecutorial discretion, including, but not limited to, the right to negotiate a plea with an alleged violator and present that plea to the Board for approval; to recommend the disposition of a case to the Board; and to decline to prosecute a case, similar to the discretion exercised by the State Attorney of the Nineteenth Judicial circuit in criminal cases. - (Code 1980, § 2-101) State law reference-Attorneys, F.S. § 162.05(5) (1991) Sec. 2-190. Enforcement procedures. 6 (a) It shall be the duty of the code inspector to enforce the various codes and initiate enforcement proceedings before the Board. No member of the Board shall have the power to initiate enforcement proceedings. (b) Except as provided in subsection (d) of this section, if a violation of the codes is found, the code inspector shall notify the alleged violator and give him reasonable time to correct the violation, if the violation continues beyond the time specified for correction, the code inspector shall notify the Board and request a hearing. The Board, through its clerical staff, shall schedule a hearing and written notice of such hearing shall be hand-delivered or mailed as provided in Sec. 2-196 of this division. At the option of the Board, notice may additionally be served by publication or posting as provided in Section 2-196 of this division. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the Board even if the violation has been corrected prior to the Board hearing, and the notice of hearing shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator, but shall not be required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the Board and request a hearing. The Board, through its clerical staff, shall schedule a hearing and shall provide notice in the same manner as provided in Section 2-190(b) of this section. The case may be presented to the Board even if the repeat violation has been corrected prior to the Board hearing, and the notice shall so state. (d) If the code inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the Board and request a hearing. (Code 1980, § 2-102) Stats law reference-F.S. 162.06(1) (1991). Sec. 2-191. Formal hearing on violations. (a) Upon request of the code inspector, or at such times as may be necessary, the chairperson of the Board may call a hearing. A hearing may also be called by written notice signed by at least three members of the Board. ~ (b) Minutes shall be kept of all hearings of the Board. 7 (c) The City shall provide clerical and administrative personnel as may be reasonably required by the Board to properly perform its duties. (d) The Board Clerk or his/her designee shall notify, in writing, the alleged violator of the time and place of the hearing. Such notice shall be provided to the alleged violator, as provided by law, in accordance with Sections 2-190 and 2-196 of this division. (e) Each case before the Board shall be presented by the City Attorney with assistance from members of the administrative staff of the City if necessary. (f) The burden of proof shall be with the city to show, by a preponderance of the evidence, that a code violation exists and the alleged violator committed, or was responsible for committing, permitting, allowing, authorizing or maintaining the violation. (g) The Board shall hear the cases on the agenda for that day unless dismissed or withdrawn by the City or deferred or continued by the Board. All testimony received by the Board shall be under oath and shall be recorded. (h) Ail hearings of the Board shall be opened to the public and any alleged violator shall be given an opportunity to be heard. (i) The Board shall first take testimony and other evidence from the code inspector. The Board shall also take testimony and other evidence from the alleged violator. If, however, after receiving testimony and other evidence from the code inspector, the Board does not believe that the alleged violator has committed the violation, then the Board may dismiss the case against the alleged violator without taking the alleged violator's testimony. (j) Each party to the hearing shall have the right to: 1. Call and examine witnesses; 2. Introduce other evidence and exhibits; 3. Cross-examine opposing witnesses; (k) The alleged violator may be represented by an attorney at the formal hearing. (1) Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceeding. (m) At the conclusion of the hearing, the Board shall issue findings of fact, based solely on the evidence presented at the ~~ing, setting forth the specific facts which the Board 8 determines to exist. The Board shall also issue conclusions of law, based upon the findings of fact, setting forth the specific code or codes which have been violated, if any. If the Board determines, as a conclusion of law, that a violation exists, the Board shall issue an order of enforcement which is consistent with the powers granted herein. If the Board concludes, based upon the finding of fact, that no violation has been committed, an order shall be entered dismissing the City's case. (n) The findings of fact, conclusions of law, and order of enforcement shall be by motion, approved by a majority of those members present and voting, except that at least four members of the Board must vote in order for the action to be official. The findings of fact, conclusions of law and order of enforcement shall be reduced to writing, by the Board clerk, and shall indicate the names of the Board members voting upon the order and shall indicate if the individual member voted in the affirmative or in the negative. The written order shall be signed by the Board chairman and approved as to form and content by the Board attorney. (o) No Board member shall vote in any case in which that member has personal knowledge of the facts of the case pending before the Board when said personal knowledge, in the opinion of the Board member, will negatively affect the member's ability to render a fair and impartial determination of the case. (p) Every enforcement order shall be filed in the office of the City Clerk. A copy of the signed order shall be provided to the violator by U.S. Mail, postage prepaid, sent to the last known address of the violator. The city Clerk shall place each enforcement order on the next City Council agenda. (q) The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns, and the findings therein shall be binding upon the violator and, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records of the County pursuant to this subsection and the order is complied with by the date specified in the order, the Board shall issue an order acknowledging compliance that shall be recorded in the public records of the county. A hearing is not required to issue such an order acknowledging compliance. (r) If the Board believes that a violation presents a s~rious threat to the public health, safety or welfare, the Board may request the City Attorney to seek appropriate relief in the name of the city from the County court or the circuit court. (Code 1980, § 2-103) /~ ~ 9 State law reference-F.$. 162.07 (1991). Sec. 2-192. Administrative fines; liens. (a) The Board, upon notification by the code inspector that an order of the Board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues pas~ the date set by the Board for compliance or, in the case of a repeat violation, for each day the repeat violation continues past the date of notice to the violator of the repeat violation. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. (b)(1) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation. (2) In determining the amount of the fine, if any, the Board shall consider the following factors: The gravity of the violation; Any actions taken by the violator to correct the violation; and c. Any previous violations committed by the violator. (3) The Board may reduce a fine imposed pursuant to this section. The Board, however, shall create written criteria for the reduction of fines. Said criteria shall be adhered to when considering a request to reduce fines. (c) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed, to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After 3 months from the filing of any such lien which remains unpaid, the Board may authorize-the City Attorney to foreclose on the lien. No lien created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. State law reference - F.S. 162.09 (1991). Sec. 2-193. Duration of lien. No lien provided under this division shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. State law reference - F.S. 162.10 (1991). sec. 2-194. Appeals. An aggrieved party, including the City, may appeal a final order of the Board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Board. An appeal shall be filed within 30 days of the executions by the chairperson of the order to be appealed. State law reference-F.S. 162.11 (1991). Sec. 2-195. Subpoena powers. The Board shall have the authority to subpoena alleged violators and witnesses to its hearings. The City, the Board or the alleged violator may request that witnesses and records be subpoenaed to any emergency or formal hearing. Subpoenas shall be served as allowable by law. The chairperson of the Board shal1 provide the Board clerk with sufficient signed and blank witness subpoenas to be provided to alleged violators and the city Attorney for the purpose of subpoenaing witnesses and records. The alleged violator shall pay to the City a fee of $12.00 for each subpoena served by the city at the 'request of the alleged violator. (Code 1980, § 2-107) State law reference-F.S. 162.08(2) (3) (1991). Sec. 2-196. Service of notice. (a) Ail notices required by this part shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the City Council by Resolution; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. (b) In ~ddition to providing notice as set forth in subsection (a), at the option of..the Board, notice may also b~ served by.publication or posting as allowable by law. ' 11 Sec. 2-197. Obstructing Inspector. Whoever opposes, obstructs or resists a code inspector in the discharge of any duty provided in this division, upon conviction, shall be guilty of a misdemeanor of the second degree, punishable in accordance with the Laws of the State of Florida." Section 2. CONFLICTS. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4. SMVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this ordinance is invalid or unconstitutional, the remaining provisions of this ordinance shall not be affected and it shall be presumed that the city Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. The forego~g ordinance was moved for a~option by Council- member ~0 . The motion was seconded by Councilmembe~ ~)~~__ and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor_thereupon declared this ordinance duly passed and adopted this ~_~ day of Fd~-g~5~ , 199~. / L-~Lo~nie ~. P~w~ll, Mayor 12 ATTEST~ · Kathryn M~ O'Halloran, CMC/AAE city Clerk I ~EREBY CERTIFY that notice of public hearing on this ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this ordinance at 7:00 p.m. on the ~ day of ~~ , 199~, and the following said public hearing this ordinance wa~ passed by the Kathryn~M. O;Hali0~an, CMC/AAE City Clerk Approved as to form and content: Charles I~n Nash, City Attorney 13 (us~ additional ~heets if n~c~s~ary or submit resume if available) 11, Ar~ you a r~sid~nt of th~ City? i2, LenGth of.R~idenoy : .... 13. Do'you hol~ a public' offige? Y~s No~ 14. DO you s~rv~ on a City ~oard at pre~en%? Yes..: No~ 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of pr~fsr~no~ with first choioe beinG "1" ) *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD*PLANNING AND ZONING HANDICAPPED COMMITTEE 16, What qualifications dovou have to serve on ~his board7 "~." '.'.-i 17. What r~asons do you have for wishing to s~rv~ on an advisory board? 1.8.. Have yo.u ever been convicted of any felony or any mzsaemeanor involving moral turpitude in this or any sth'.~%e?./.~:,~, zg. wou~d Fou oonsiOor sorEiDg on anoi~er"Bo3~d other %h~.."%hol oqo(~) ~6u ssl"Oe%~d above7. ' ' ' Yes ~ No : ~ hereby cor~i~y-%ha% I am qualified to hold the. position for which ~his applioa%ion is made. Further,,. ~: h~rOby au%horiz~ ;City of Sebastian to inVdst~ato ~he tru~hf~ln~ee of all informa%ion which I have provided in thi~ application. undsrs%and ~hat.,any mi~r~pro~fl~ation or omission of informa%ion r~quoskod in %hi~, applioa%ion is-.eauso for diequalifica%ion or removaZ. " I understand-that.the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfsasance),misfeasance, negleoted duty, habitual drunkenness, incompetence, or permanent inability to perform his official dutf~s, Further, I understand %hat the City,Council ,lay suspend any n{unicipal board member who is arrested for e.felony or for a misdemeanorlrelated'to the duties of his office or who is indicated or informed a~ainst for the commi~sion of any felony or misdemeanor. I hereby authorize the Seb~s~-ian Police Department to run an active warrant check on Subscribed and sworn to before.me %his 8 day of ~~ , Name of Notary (Printod..or-'T~ped). Commission No. . 3. 4. 5. APPLICATION TO SERVE ON CITY ~D~SS: ~dN~ 6. BUSINESS TELEPHONE: 8. DRIVERS ~.~CENS~. ~BER: ~OOO ~ (use afldieional sheets ~ necessa~ or submi~ re~e zf ava~labze~ 10. Vote= regiSt=stion no. // ~ 11. Are ~ou a resident of the City? Yes ~No 12. Length of Residency / 13. Do you hold a public office? Yes__ No /... ee Ci~ Board at present? Yes__ No on ~c~ ~ ~0~s~ ~ou ~ ~N~U~s~s~ ~N S~V~N~ ON: ~ ~ ' *CODE BN~ORC~MENT BOARD /~ *co~s~uc~zo~ so~ 17. What reasons do you have for wishing to se~e on an adviso~ board? , , 18,'-'Have you ever been convicted of any felony or any ... misdemeanor involving moral turpitude in this or any state? Yes _=___ No 19. Would you conside~.~erving on .another .Board other than the one(s), you selected abo%e? ........ · Yes ~/ No I hereby, certify that I am qualified to hold the position for which .t~is application is.made. "Fdr~her,.. I hereby authorize the City of'Seba~tian'tO investigate t~e ~ruthfulness of all information which I have provided.in this application. understand that any misrepresent~tiOn or omission of information requested in this application is. cause for disqualification or removal. i understand that the City Council of the City of SEBASTIAN may suspend or/remove~ from. office- any.municipal board member for malfeasance, misfeasance,.' neglected duty, habitual drunkenness, incompetence, or .pp.rmanent inability to perform his official duti'e~', '-Further, 5" understand that the City Council may suspend 'a~y. munlci~.~,-board'membe~.-~ho 'is'arrested for a felon~ · -'~isdemeaho'f-?%~ to..the)ddtie~ of his'o~ff'Ce'or.wHo.'is.~,.. · indicated or l~for~ed'aga~ns~ for'"th&'bS~m'i~si0n o~ anp' misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Subscribed and sworn .to. before me this ~ day of ~¥',\ , .19q~ , by .~¢k~.f~ M~ . ,--~ iS personally known ro me or has produced ~%. ~ (~n~ ~.0CO'~%-\%-~ as identification. ( SEAL ) tI~'~"F.'~."%""'" -~-~,~ ~,N~N~"~ ~,,=-~ NO~a~ Public, State of Florida -'- ~["~,~ "~,~~~[ ' 'N~e of No~a~ (~fi~ted, o~ T~ed),. form\ applicati, on Commission No. . 4. 5, 6. 7. 8. 9. APPLICATION TO SERVE ON CITY NAME :~-~ ,~ ~/~ Cc HOME TELEPHONE: BUSINESS: BUSINESS ADDRESS: BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: DRIVERS LICENSE NI3MBER: RESUME OF EDUCATION AND EXPERIENCE: (use additional sheets if necessary or submit resume if available) 10. Voter registration no. G3~'-2 11. Are you a resident of the City? 12. Length of Residency Yes / No 13. Do you hold a public office? Yes No &~ 14. Do you serve on a City Board at present? Yes__ No ~ 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT ~ CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD ~ *CONSTRUCTION BOARD *PLANNING AND ZONING HANDICAPPED COMMITTEE. 16. What qualifications do you have to serve on this board? 17. What reasons do you have for wishing to seE-ye on an advisor~ board? 8. Have~ you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes No / 19. Would you consider serving on another Board other than the one(s) you selected above? Yes No ~ I hereby certify that I am qualified to hold the position for which this application 'is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. i understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for' malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. pp ant S~gnature Subscribed a~d sworn_to before me this /~ day of , 19 Qb, by '~/~U/,D ~ C~.~;-~ , ~ 'is persona~ly known to me or has produced ~, ~.~,. c J Jo ./~-..?~ -~.~ as identification. (SEAL) Notary Public~ Stye ~ Florida Name of Notary (Printed or Typed) Commission No. ~rm\application OME TELEPHONE: ~F6q ~"~9 --'770 BUSINESS'. ,, qqo:0 BUSINESS ADDRESS: ~0~ BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: 5. 6. 7. 8. 9. DRIVERS LICENSE NUMBER: (use additional sheets if necessary or submit resume if available) 10. Voter registration no. 60 6 %~ 11. Are you a resident of the City? Yes~/ No 12. Length of Residency "'~' 13. Do you hold a public office? Yes-- N°'m/ 14. Do you serve on a City Board at present? Yes__ NoV/ 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD --~ *CONSTRUCTION BOARD *PLANNING AND ZONING HA/TDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? I C%,~O u = '-- , 17. What reasons do you have for wishing to serve on an advisorY ~ :' i'8. Have you ever been convicted of any felony or any mis~emeanor involving moral turpitude in this or any state? 19. Would you consider serving on another Boar~ other than the one(s) you selected above? Yes _~_ No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Subscribed a~d sworn tg before me this ~ day of ~f~ , 19 q~, by ~~(~ 9. ~u~ who is ersonally known to me or has produced ~ as identification. (SEAL) application o~'Fiorida Name of N~tary "(~rtnted or Typed) Commission No. i I I I I I I I I I I I I I I I I I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: RESOLUTION NO. R-95-24 ADOPTION OF NATIVE TREE LIST Approved For Submittal By: City Manager ~/ Agenda Number: Dept. Origin: Community Dev~elopment_~ /10/95 Date Submitted: 04 For Agenda Of: 04/26/95 Exhibits: R-95-24 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On February 22, 1995, City Council adopted Ordinance 0-95-01 pertaining to tree protection in the City of Sebastian. Section 20A-14.12(6) requires at least 50% of all new required trees to be of native species. Therefore, it will be necessary to adopt, by resolution, a list of native trees for the City of Sebastian. Staff has obtained several versions of a native tree list from various sources. The most extensive list, which was used in Resolution R-95-24, was provided to us by Janice Broda of the Florida Native Plant Society and was compiled by Daniel B. Ward. This is the same native tree list used by Indian River County. RECOMMENDED ACTION Move to approve Resolution No. R-95-24. RESOLUTION NO. R-95-24 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article XIV of the Land Development Code of the City of Sebastian pertaining to tree protection was amended by City Council on February 22, 1995; and WHEREAS, Section 20A-14.12(6) of the tree protection ordinance requires at least 50% of all new trees to be of native species; and WHEREAS, the City of sebastian wishes to establish a list of trees native to the Sebastian area. NOW~ THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. The following trees shall be considered native to the Sebastian area: Scientific Name Acacia choriophylla Acacia macracantha Acer floridanum Acer leucoderme Acer negundo Acer rubrum Acer saccharinum Acoelorrhaphe wrightii Common Name Cinnecord Long-spine Acacia Florida Maple Chalk Maple Box Elder Red Maple Silver Maple Paurotis Palm Aesculus pavia Alnus serrulata Alvaradoa amorphoides Amelanchier arborea Amorpha fruticosa Amphitecna latifolia Amyris balsamifera Amyris elemifera Annona glabra Aralia spinosa Ardisia escallonioides Asimina obovata Asimina triloba Ateramnus lucidus Avicennia germinans Baccharis halimifolia Betula nigra Bourreria ovata Bourreria radula Bumelia anomala Bumelia celastrina Bumelia lanuginosa Bumelia lycioides Bumelia tenax Bursera simaruba Byrsonima lucida Red Buckeye Hazel Alder Mexican Alvaradoa Serviceberry indigo-bush Black Calabash Balsam Torchwood Torchwood Pond Apple Devil's-walkingstick Marlberry Flag Pawpaw Pawpaw Crabwood Black Mangrove Common Saltbush River Birch Bahama Strongback Rough Strongback Alachua Buckthorn Saffron Plum Woolly Buckthorn Buckthorn Tough Buckthorn Gumbo-limbo Locust-berry Calyptranthes pallens Calyptranthes zuzygium Canella winterana Capparis cynophallophora Capparis flexuosa Carica papaya Carpinus caroliniana Carya aquatica Carya cordiformis Carya floridana Carya glabra Carya pallida Carya tomentosa Casasia clusiifolia Castanea alnifolia Castanea ashei Catalpa bignonioides Celtis laevigata Celtis tenuifolia Cephalanthus occidentalis Cercis canadensis Cereus robinii Chamaecyparis thyoides Chionanthus virginicus Chrysobalanus icaco Chrysophyllum oliviforme Spicewood Myrtle-of-the-river Wild Cinnamon Jamaica Caper Limber Caper Papaya Blue Beech Water Hickory Bitternut Hickory Scrub Hickory Pignut Hickory Sand Hickory Mockernut Hickory Seven-year Apple Southern Chinquapin Ashe Chinquapin Catalpa Sugarberry Georgia Hackberry Buttonbush Redbud Key Tree Cactus Atlantic White Cedar Fringe-tree Coco Plum Satinleaf Citharexylum fruticosum Cliftonia monophylla Clusia rosea Coccoloba diversifolia Coccoloba uvifera Coccothrinax argentata Colubrina arborescens Colubrina cubensis Colubrina elliptica Conocarpus erectus Comus alternifolia Cornus asperifolia Comus florida Crataegus aestivalis Crataegus crus-galli Crataegus marshallii Crataegus michauxii Crataegus phaenopyrum Crataegus pulcherrima Crataegus rufula Crataegus spathulata Crataegus virdis Crossopetalum rhacoma Cupania glabra Cyrilla racemiflora Diospyros virginiana 4 Fiddlewood Buckwheat-tree Balsam Apple Pigeon Plum Sea Grape Silver Palm Coffee Colubrina Cuban Nakedwood Nakedwood Buttonwood Pagoda Dogwood Rough-leaf Cornell Flowering Dogwood May Haw Cockspur Haw Parsley Haw Summer Haw Washington Haw Smooth Haw Rusty Haw Red Haw Green Haw Rhacoma Florida Cupania Titi Persimmon Dipholis salicifolia Bustic Drypetes diversifolia Drypetes lateriflora Milk-bark Guiana Plum Duranta repens Erythrina herbacea Eugenia axillaris Eugenia confusa Eugenia foetida Eugenia rhombea Euonymus atropurpureus Exostema caribaeum Exothea paniculata Fagus grandifolia Golden-dewdrop Cherokee Bean White Stopper Redberry Stopper Spanish Stopper Red Stopper Wahoo Princewood Butterbough Beech Ficus aurea Ficus citrifolia Forestiera acuminata Forestiera segregata Fraxinus americana Strangler Fig Wild Banyan Swamp Privet Florida Privet White Ash Fraxinus caroliniana Fraxinus pennsylvanica Fraxinus profunda Gleditsia aquatica Gleditsia triacanthos Pop Ash Green Ash Pumpkin Ash Water Locust Honey Locust Gordonia lasianthus Gossypium hirsutum Guaiacum sanctum Loblolly Bay Wild Cotton Hollywood Lignum-vitae Guettarda elliptica Guettarda scabra Gyminda latifolia Halesia carolina Halesia diptera Hamelia patens Hibiscus tiliaceus Hippomane mancinella Hypelate trifoliata Hypericum chapmanii Ilex ambigua Ilex cassine Ilex decidua Ilex krugiana Ilex longipes Ilex myrtifolia Ilex opaca Ilex verticillata Ilex vomitoria Illicium floridanum Jacquinia keyensis Juglans nigra Juniperus silicicola Juniperus virginiana Kalmia latifolia Krugiodendron ferreum 6 Velvet-seed Rough Velvet-seed False Boxwood Carolina Silver-bell Two-wing Silver-bell Fire-bush Mahoe Manchineel Inkwood Sponge-bark Hypericum Sand Holly Dahoon Holly Possum Haw Krug's Holly Georgia Holly Myrtle Holly American Holly Winterberry Yaupon Florida Anise-tree Joe-wood Black Walnut Southern Red Cedar Eastern Red Cedar Mountain Laurel Black Ironwood Laguncularia racemosa Leitneria floridana Licaria triandra Liquidambar styraciflua Liriodendron tulipifera Lyonia ferruginea Lysiloma latisiliqua Magnolia acuminata Magnolia ashei Magnolia grandiflora Magnolia pyramidata Magnolia tripetala Magnolia virginiana Malus angustifolia Manikara bahamensis Mastichodendron foetidissimum Maytenus phyllanthoides Metopium toxiferum Morus rubra Myrcianthes fragrans Myrcianthes simpsonii Myrica cerifera Myrica inodora Myrsine guianensis Nectandra coriacea Nyssa biflora White Mangrove Corkwood Florida Licaria Sweet Gum Tulip-tree Rusty Lyonia Wild Tamarind Yellow Cucumber-tree Ashe Magnolia Southern Magnolia Pyramid Magnolia Umbrella Magnolia Sweetbay Wild Crab Apple Wild Dilly False Mastic Florida Mayten Poisonwood Red Mulberry Twinberry Simpson's Twinberry Wax Myrtle Oderless Bayberry Myrsine Lancewood Swamp Tupelo Nyssa ogeche Nyssa sylvatica Nyssa uniflora Osmanthus americanus Osmanthus megacarpus Ostrya virginiana oxydendrum arboreum Persea borbonia Persea humilis Persea palustris Picramnia pentandra Pinckneya bracteata Pinus clausa Pinus echinata Pinus elliottii Pinus glabra Pinus palustris Pinus serotina Pinus taeda Piscidia piscipula Pisonia discolor Pisonia rotundata Pithecellobium keyense Pithecellobium unguis-cati Planera aquatica Platanus occidentalis Ogeechee Lime Black Tupelo Water Tupelo Wild Olive Scrub Wild Olive Ironwood Sourwood Red Bay Silk Bay Swamp Bay Bitterbush Fever-tree Sand Pine Shortleaf Pine Slash Pine Spruce Pine Longleaf Pine Pond Pine Loblolly Pine Fish-fuddle Blolly Pisonia Black-bead Cat's-claw Water Elm Sycamore Populus deltoides Populus heterophylla Prunus americana Prunus angustifolia Prunus caroliniana Prunus myrtifolia Prunus serotina Prunus umbellata Pseudophoenix sargentii Ptelea trifoliata Quercus alba Quercus arkansana Quercus austrina Quercus chapmanii Quercus falcata Quercus geminata Quercus hemisphaerica Quercus incana Quercus inopina Ashe Quercus laevis Quercus laurifolia Quercus lyrata Quercus margaretta Quercus marilandica Quercus michauxii Quercus muehlenbergii Eastern Cottonwood Swamp Cottonwood Wild Plum Chickasaw Plum Cherry Laurel West Indian Cherry Laurel Black Cherry Hog Plum Buccaneer Palm Wafer Ash White Oak Arkansas Oak Bluff Oak Chapman Oak Southern Red Oak Sand Live Oak Laurel Oak Bluejack Oak Archbold Oak Turkey Oak Swamp Laurel Oak Overcup Oak Sand Post oak Blackjack Oak Swamp Chestnut Oak Chinquapin Oak Quercus myrtifolia Quercus nigra Quercus pagoda Quercus phellos Quercus shumardii Quercus stellata Quercus velutina Quercus virginiana Reynosia septentrionalis Rhamnus caroliniana Rhizophora mangle Rhus copallinum Rhus glabra Rhus vernix Roystonea elata Sabal palmetto Salix caroliniana Salix floridana Salix nigra Sambucus canadensis Sapindus marginatus Sapindus saponaria Sassafras albidum Savia bahamensis Schaefferia frutescens Schoepfia chrysophylloides 10 Myrtle Oak Water Oak Cherrybark Oak Willow Oak Shumard Oak Post Oak Black Oak Live Oak Darling Plum Carolina Buckthorn Red Mangrove Winged Sumac Smooth Sumac Poison Sumac Florida Royal' Palm Cabbage Palm Carolina Willow Florida Willow Black Willow Elderberry Florida Soapberry Tropical Soapberry Sassafras Maidenbush Florida Boxwood Whitewood Serenoa repens Simarouba glauca solanum donianum Solanum erianthum Staphylea trifolia Stewartia malacodendron Suriana maritima Swietenia mahagoni Symplocos tinctoria Taxodium ascendens Taxodium distichum Taxus floridana Tetrazygia bicolor Thrinax morrisii Thrinax radiata Tilia caroliniana Tilia heterophylla Torreya taxifolia Trema lamarckiana Trema micrantha Ulmus alata Ulmus americana Ulmus crassifolia Ulmus rubra Vaccinium arboreum Viburnum nudum 11 Saw Palmetto Paradise-tree Blodgett's Potato-tree Potato-tree Bladdernut Silky Camellia Bay Cedar Mahogany Sweetleaf Pond Cypress Bald Cypress Florida Yew Florida Tetrazygia Brittle Thatch Palm Florida Thatch Palm Carolina Basswood White Basswood Gopherwood West Indian Trema Florida Trema Winged Elm Florida Elm Cedar Elm Slippery Elm Sparkleberry Possum Blackhaw Viburnum obovatum Viburnum rufidulum Ximenia americana Yucca aloifolia Zanthoxylum clava-herculis Zanthoxylum coriaceum Zanthoxylum fagara Zanthoxylum flavum Blackhaw Rusty Blackhaw Tallow-wood Spanish-dagger Hercules-club Biscayne Prickly Ash Wild Lime Yellowheart SECTION 2. REPEAL: Ail Resolutions or parts of Resolutions in conflict herewith are repealed. SECTION 3. SEVERABILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION '4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. SECTION 5. CONFLICTS: Ail Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. 12 The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Louise R. Cartwright Councilmember Raymond W. Halloran and, upon This Resolution was duly passed and adopted by the City Council of the City of Sebastian, Indian River County, Florida, at its regular meeting on the day of , 1995. CITY OF SEBASTIAN, FLORIDA by: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 13 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Agreement/City of Sebastian Water & Wastewater System Approval For Submittal By: City Manager ~~ AGENDA NO. Dept. Origin: City Manager Date Submitted:05/03/95 For Agenda Of: 05/10/95 Exhibits: -Proposed "Agreement" EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The attached proposed "Agreement" represents the position of Indian River County regarding purchasing the City of Sebastian Water and Wastewater System. This also includes the current Park Place System. The provisions of FS 180.301 "purchase or sale of water, sewer, or wastewater reuse utility by a municipality" provides specific guidance regarding the detenuination that the sale is in the public interest. A pubhc hemSng is required and in determining if the sale is in the public interest, the City shall consider, at a minimum, the following: (1) The most recent available income and expense statement for the utility; (2) The most recent balance sheet for the utility, listing assets and liabilities and clearly showing the amount of conn'ibution-in-aid-of-constmction ~ accumulated depreciation thereon; //~/7 / (3) (4) (5) (6) (7) (8) (9) Discussion and take appropriate action. A statement of the existing rate base of the utility for regulatory purposes; The physical condition of the facility being sold; Reasonableness of the sales price and terms; The impacts of the sale on utility customers, both positive and negative; Any additional investment required and the ability and willingness of the purchaser to make that investment; The alternatives to the sale and the potential impact on utility customers if the sale is not made; and The ability of the purchaser to provide and maintain high-quality and cost- effective utility service. RECOMMENDATION Telephone: (407) 567-8000 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Veto Beach, Florida 32960 Suncom Telephone: 224-1011 April 21. 1995 Joel L. Koford. City Manager City of- Sebastian 1225 Main Street Sebastian, 'FL 32958 Dear Joel: As discussed, in response to your initial requests (attached), the City and County have pursued consideration of the feasibility of County acquisition of the Sebastian water and wastewater utility system. Enclosed, as requested, is a copy of the proposed acquisition agreement. If anything additional is needed at this time, please contact me. Sincerely, Z~ E. Chandler County Administrator JEC/mg cc: Terry Pinto Charles Vitunac Joe Baird City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 October 20, 1994 Mr. James. Chandler Indian River County Administrator 1840 25th Street Vero Beach, FL 32960 Dear Jim: Our proposal includes the sale and transfer of all the assets of the City utility system and establish a thirty (30) year franchise arrangement with the Indian River County Utility Department to provide potable water distribution and wastewater collection for the City of Sebastian. As you know, the City recently purchased the General Development Utility (GDU) which consists of water and wastewater treatment facilities. However, the County, because of the size of its utility system can obtain economies of scale which are not available to the City. It is our opinion, that the future needs of the citizens of Sebastian and the North County area can best be served by a common single managed utility. In this regard, we propose the following: (1) Transfer of Current Assets: $ 3,650,000 (2) (3) Transfer Indian River Drive Water Distribution Project Estimated Value: Cash Contribution: $ 750,000 $ 600,000 TOTAL The City Council has authorized me to contact Indian River County and determine whether or not the County would be amenable to a proposal from the City of Sebastian. This proposal is in regards to the water distribution and wastewater collection systems of the City utility system. This proposal is subject to arrangements being formalized whereby the City can defease the utility bond issue and the agreement reduced to writing and obtaining the approval of the City Council, City Attorney and Bond Counsel. The City requests that if you are interested in this proposal that you also consider the possibility of maintaining a satellite office within the City for customer service functions. Additionally, we currently have six (6) employees that would be effected by the transfer, and could be available for employment with the County. My staff and I are available to provide the supporting documentation necessary for your review or to meet with you and your staff. I ara also enclosing a copy of the current final year budget for our Utilities. Thank you for your interest in this matter of mutual concern. Sincerely, ~fl~l~ .~K~for~r3 City Manager JLK/jmt Enclosure I I I i I i I I i i i I I I i I I i AGREEMENT between the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS and the CITY OF SEBASTIAN, FLORIDA Re: Water & Sewer Franchise, Purchase & Sale Contraet, and Interlocal Agreement for Utility System THiS AGREEMENT, made this day of , 1995, by and betwe[m INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address al~ which is 1840 25th Street, Veto Beach, FL 32960 (hereafter "County"), and the CITY OF SEBASTIAN, a municipality of the State of Florida, ti~e address of which is i225 Main Street, Sebastian, FL 32958, (hereafter "City"), WITNESSETH THAT : WHEREAS, the County operates a water and sewer system for ti~e unincorporated area of the county and certain portions of the incorporated srca; and WIIEREAS, the City operates a water and sewer system for portions of its municipality; and WIIEREAS, because of economies of scale both the County and the City agree that it would be in the public interest of the residents of the County and the City for the County to purchase the City system and offer utility services to the residences oF the City as part of one unified County system; and WIIEREAS, to accomplish this it will be necessary for the County to purchase the assets of the City's utility system and arrange for paying or defessing approximately $5,000,000 in debt issned by tire City to finance the City system; and WtlEttEAS, to operate a system with sufficient capital investment within the City it is necessary that the City grant the County a long-term franchise; and WI. IEREAS, ii; is convenient that all of these agreements and understandings be set out in one clocu,nent; NOW, THEREFORE, for and in consideration of the mntual premises and other good and valuable consideration, the receipt of which is hereby acknowledged, the Cennty and the City, each binding itself, Its successors and assigns, aed each representing that it bas the proper legal authority to enter into this Interlocal Agreement, and each intending to be bound hereby, de mutually agree as follows: PART I - FRANCHISE 1. Grant of Franchise. The City hereby grants to the County the exclusive right and privilege oF owning, operating, maintaining, and expanding, within the franchise territory as defined in Paragraph #3, a parable water production, treatment, and distribution system, and a sanitary sewer collection, transmission, treatment, disposal, and effluent re-use system (the "System"). Tids right and privilege shall be interpreted broadly to grant to County all necessary, customary, and asual powers and rights of a utility provider. 2. Term. This franchise is for an initial period of thirty (30) years from tile date of last execution of this document and shall be renewed automatically for successive additional periods of five years thereafter uuless and until terminated as provided in Paragraph #7. 3. Franchise Territory. The geographic area to which this franchise shall be applicable is the entire incorporated area of the City of Sebastian. Any te,~rttory not already in the County's service area which may be annexed by tile City after the date of this agreement shall be censidered automatically to be part of the franchise territory. 4. Service Standards. The County si~all treat the franchise territory for sll intents and purposes as if it were part ot~ tile unincorporated area, i.e., to the extent permitted by law the uniform County utility policies shah apply within the City and there shall be lie discrimination against City residents. All rates, fees, and charges for water and sewer services shall be establtsi~ed e×clusively by the County. At no time shall rates, fees, and cimrges for City customers exceed those charged by the County for the unincorporated areas of tile County. 5. License. Te properly operate the System, the County is granted the liceuse, permit, and privilege to perform necessary functions upon, along, over, under and across any City road, easement, street, highway, way, sidewalk, bridge, or other Ctty places whici~ are within the franchise territory, and the City agrees to execute appropriate documentation concerning any utility easements owned by the City when needed by ti~e County. The County covenants tl~at it shall take reasonable safeguards to cause as little disrnption to the public as possible, will perform its operations in a safe and workmanlike manner, nad promptly repair any damage or injury to public or private property. 6. Franchise Fees. The City retains all rights it may have under Florida l~w or its charter to impose taxes or franchise fees on the service previded by the County to City customers. In the event the City elects to impose a trancbise fee for service provided in tile City, the Couuty will collect and remit such fee to tile City. The County shall remit any such fees to City on. a regular basis and as soon as practicable. 7. Termination of Franchise. The franci~ise may not be terminato, d except by either party giving the other written notice not less than one year before tile end of the initial term or of any extension thereof. In addition, sad wltho~t regard to the one-year notice, either party may request that the franchise be terminated for material breach of the franchise or tnterlocal agreement. In this case, a duly advertised public hearing silall be held by the party requesting the termination. If, after the public hearing, a tnaterial breach is found to exist which cannot be cured within a reasonable time, then the moving party may declare the franchise terminated. The County's title to System property it owns within the City limits prior to the execution of this agreement shall not be affected by the termination. Damages on Termination - Option to Comp_9.1 Repurchase. (n) lu ~he event of a termhmtion caused hy the City's material breech, the County shall have the optien to compel the City to repurchase the System en the terms and conditions hereinafter set out. The County, if it elects to exercise its option to compel the City to repurchase tile System, shall serve written notice on the City within thirty days of the public hearing. The City, on receipt of the notice, shall pay to the County th~. eriginal purchase price of the System plus all cesta of improvements and additions, including engineering and administration costs, plus interest, or the fair market value of the System, whichever is greater. (b) lu tile event of a termination caused by the County's material breach, the City shall pay to the County the original purchase price plus all costs of improvements and additions, including engineering and administration costs, plus interest, or fair market value of the System, whichever is less. (c) The parties understand that tile damages for the breach of this agreement ars difficult to ascertain and the parties have agreed to the option to repurchase as a form of liquidated damages. If either party finds it necessary to apply to a court for specific performance, the other party waives any claim that an adequate remedy at law exists. (d) Regardless of which party has caused the breach, after the sale of tile System back to the City under the provisions of Paragraphs 8(a) or 8(b), the City shall have two years to procure its own water source and wastewater treatment capacity. PART II - PURCHASE AND SALES AGREEMENT 9. Purchase and Sale. The City agrees to sell to tile County and the County agrees to buy from the City tile System as defined in Paragrapi~ 3 et seq. of Attachment II-A and pursuant to tim terms and conditions of said attachment, and the Park Place and Palm Lake Club water and sewer Systems. 10. Purchase Price. The purchase price for the System will be .$5,000,000 [or which the County shall receive: 1. Transfer 0£ current assets 2. Transfer Indian River Drive Water Distribution Project 3. Cast~ Reserve as of Closing 4. Balance e[ tYunds in boHd proceeds account to be no less than TOTAL $3,650.000 750,000 600~000 $5,000,000 *Cash reserves shall include any and all reserve accounts established as s requirement of ti~e Utility Bond Issue, impact fee fund balances, and operating fund balsnces. Current assets shall be as listed on Attachment II-B. Incorporation of agreement and as included in this "Utility" is used, II. Closinf~ Date. Closing will take place within 60 days of the date of the contract at a time and place amtually convenient to the parties. 12. Contract. Except as may be modified by this amended by initialed clmnges, Attachment II-A is contract with the change that whenever the word the word "City" shall be substituted, and wt~enever the word "City" is used, th.e word "County" simll be substituted. 13. Other Lawsuits or Claims. By purchasing the System, the County assumes no responsibility for any claims or suits against the City, including, specifically, the suit presently pending between the City and GDU re: the City's utilities, and the System shall be free and clear of any liens or other restrictions includtug any such suits. PART III - INTERLOCAL AGREEMENT 14. Defined Terms. The following terms shall have the following meanings, unless the context clearly requires otherwise: hnpact Fees - shall mean any and all fees imposed by any ordinance in order to offset a portion of the capital costs of anticipated new demand m, tile System. Project - shall mean tile acquisition, construction, addition, improvement, oversiztng, separating, and equipping of the System to provide services within the City or any part thereof. Services - shall meau the collection, transmission, treatment, and disposal of sanitary sewage, the re-use of treated effluent, and the produetiou, treatment, and distribution of potable water. Special Assessments - shall mean assessments levied upon the abutting, adjoining, contlguuus, or other specially benefitted property in order to defray all or a part of the costs of any Project.. Special Assessments tn Lieu of Impact Fees - shall mean assessments in lieu of impact fees levied upon property with the consent of the property owner. 15. Project~. The County and the City understand and agree that to provide Services within the City tile Ceunty will have to make additions and impruvements to the System. Accordingly, the expansion of the System into the territory shown on Attachmeut III-A is a material consideration of tiffs coutract. When requested by the County, therefore, tile City shall take the legal steps necessary to cooperate with the County in expanding tile System. The County and City hereby establish goals to expand the System as follows: (a) furnish water service to all customers within the area designated as Phase I withiu eighteen months of the execution of this agreement. (b) furnish water service to ~ll customers within the area do. signeted ss Phase II within thirty-six months of the execution of this agreement. (c) furnish' water service to all customers within the area designated as Plisse III within fifty-four months of the execution of this agreement. (d) furnish water service to customers within other areas of the City when it is economically feasible. (e) furnish wastewater service to customers within the City when it is economically feasible. 16. Issuance of Bonds. The County and the City further understand and agree that it may be necessary and desirable to provide for the issnnnce of bonds by tile County to finance tile costs of any Project undertaken pursuant to this agreement or the franchise. The payment of the prtncipt~l, redemption premium, if any, and interest on such bonds shall be paid from funds pledged for that purpose, Including, but not limited te rates, fees, and charges for the Services; impact fees, special assessments, and special assessments in lieu of impact fees. Covenants of the Cit~. At such time as the County agrees to provide Services within the City, or any part thereof, pursuant to the franchise, the City covenants as follows: (a) te enaet~ keep tn force, enforce, and otherwise maintain lawful ordinances or reselutions similar to those now or hereafter enacted by tile County relating to utility construction standards, any and ell mandatory connections, rates, fees, and charges for Services; impact fees; special assessments, and special assessments in lieu of impact fees, at the request of the County, and not to enact, keep in force, enforce or oti~erwlse maintain any other dissimilar ordinances or resohLtions with respect to Services provided by ti~e Co/tory within the City. The City will cooperate with the County if the Co~mty reqeests tt~at special assessments be imposed. The County recognizes the City, iiowever~ reserves to itself the unilateral right to exercise the powers which the Florida Constitution, statutes, and its Charter vests in tile City as such power cannot be delegated and must he exercised by the City in the public interest. 18. (b) should ~ny bonds be issued by tile County to finance the costs of any Project, to comply with and be bound by any representations, covenants, agreements, or pledges made by tile County connection with the issaance of such bonds, as if such representations, covenants, agreements, and pledges had been made by the City, and to tnke any action necessary to effect them; (c) to diligently enforce County's right to receive any and all rates, charges, fees, impact fees, special assessments, and special assessments in lieu of impact fees under any ordinance or resolution of the City in connection with this agreement; (d) to be unconditionally and irrevocably obligated to diligently take nny lawful action necessary or required to collect such rates, charges, fees, impact fees, special assessments, and special assessmenis in lieu of impact fees, including, but not limited to, actions necessary or required to reduce the same to liens and to enforce the payment of such liens; (e) to immediately pay over to the County any rates, charges, fees, impact fees, special assessments, and special assessments in lieu of impact tees collected in connection with this agreement or provide for direct payment thereof to the County, if so requested by the County; and (f) to take any and all other actions necessary or desirable to carry out the purpose and intent of this agreement. Covenants of the Count~. At such time as the County agrees to provide Services withia the City, or any part thereof, pursuant to the franchise, the County covenants as follows: (a) to diligently proceed with any Project(s) with respect thereto; (b) to construct, maintain, repair, and operate the System with respect thereto in good condition, repair, and working order, and to provide Services with respect thereto in an orderly and efficient manner. The County shall have an affirmative duty to provide water and wastownter service to the City and each customer within the City under the same policies and conditions as if the City area or customers were in the unincorporated area. i9. .I.~]spection of Books and Records. The County and the City, by a duly authorized representative, shall each have the right at any time during business hours to inspect the books and records of the other in order to ascertain the compliance of the other with the provisions of this agreement. 20. Non-Waiver of Rights. The failure of either the County or the City to insist upon strict performance of this agreement or any of the terms or conditions thereof shall not be construed as a waiver of any of its rights hereunder. 21. Modification. This agreement constitutes the entire agreement between the County and the City as to the subject matter hereof and there no other representations or agreement, verbal or written, other than those centained h~rein. This agreement may only be modified by an instrument tn writing executed by both the County and the City. 22. Severability. Should any on~ or more of the provisions of this ~greement for any reason be held illegal, invalfd, or unenforceable, such illegality, invalidity, or unenforceability shall not affect any other provision of this agreement and this agreement shall, tn such circum- stances, be coustrued and enforced as if such illegal, invalid, or unenforceable provision had not bs~n contained herein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. CITY: Attest: THE CITY OF SEBASTIAN Kathryn M. O'Halloran CMC/AAE, City Clerk By Name: Title: Attest: COUNTY: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS J. K. Barton, Clerk By Kenneth R. Macht Chairman STATE OF FLORIDA COUNTY OF INDIAN RIVER The for~.going instrament was acknowledged before me this ~ day of 1995, by as of the CITY OF SEBASTIAN, FLORIDA, on behalf of the CITY OF SEBASTIAN. tle/she is personally known to me or produced as identification. NOTARY PUBLIC sign printed name: Commission # Expiration: STATE OF FLORIDA COUNTY OF INDIAN RIVER The [oregoing instrument was acknowledged before me this ~ day of , 1995, by Kenneth R. Macht and J. K. Barton, as Chairman and Clerk respectively of the Board of County Commissioners of INDIAN RIVER COUNTY, FLORIDA, on behal[ of INDIAN RIVER COUNTY. They are personally known to me or prodnced as identifieation. NOTARY PUBLIC sign printed name'. Commission # Expiration: 10 May 2, 1995 OFFICE OF CO UNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS iNDIAN RIVER COUNTY 1840 25th Street, Vero Beach, Florida 32960 Telephone: (407) 567-8000, Ext. 424 Suncom: 224-1424 Fax: (407) 770-5095 CHARLES P. VITUNAC County Attorney WILLIAM G. COLLINS II Deputy County Attorney TERRENC£ P. O'BRIEN Assr, County Attorney SHARON PHILLIPS BRENNAN Asst. County Attorney Mr. Nelson Hyatt Park Place 9605 S. U.S. #1 Sebastian, FL 32958 Re: Amended Aqreement Dear Mr. Hyatt: Per our phone conversation today, I am enclosing five original agree- ments that we request you execute and then keep one and deliver four originals to the City of Sebastian to be put on their City Council agenda for the May 10 meeting. After their execution of the agreement, the County would like them to keep one and to return the others to the County for presentation to the Board of County Commissioners at their meeting May 16, 1995. After execution by the Board we will ensure that you, the City, and the County each have a completely executed original agreement. I hope this information will be of assistance to you. Thank you. Sincerely yours, COUNTY ATTORNEY ' S OFFICE Lea R. Keller, CLA Legal Assistant Lake Delores Utility. System A~ENDMENT TO AGREEMENT between INDIAN RIVER COUNTY, FLORIDA 1840 25th Street, Veto Beach, FL 32960 (hereinafter COUNTY) and NELSON HYATT 12505 North A-l-A, Veto Beach, FL 32963 (hereinafter HYATT) {Hyatt was referred in the 1989 Agreement as "Seller") THIS AMENDMENT WITNESSETH THATt WHEREAS, by agreement dated the llth day of July, 1989, between COUNTY and HYATT, COUNTY purchased HYATT's utility system for $777,000 to be paid for by a $10.00 per month surcharge on the utility bills of customers served by the system, for ten years or until $777,000 had been collected, whichever came first, and by delaying the obligation of HYATT to pay impact fees for units for five years; and WHEREAS, HYATT has received $60,396.76 from the COUNTY and $39,580.00 from the City of Sebastian toward the purchase price of $777,000.00; and WHEREAS, because of the objections of some residents within the service area to paying a surcharge, the Utilities Department has negotiated with HYATT for an amendment to the agreement which would cancel this surcharge from the date of this amendment in exchange for extending the time during which HYATT could delay payment of impact fees for three years from the original expiration date; NOw, Therefore, for and in consideration of the mutual covenants contained herein as well as other good and valuable consideration, the receipt, of which is hereby acknowledged, the COUNTY and HYATT agree that the agreement between the COUNTY and HYATT dated July 11, 1989, a copy of which is attached, is hereby amended as follows: 1. Paragraph 6 - "Impact Fees" is changed to read: After f~g~/~/f~6~/~/~/6f/~/~~ J~Y 11, 1997., ~ER HYATT or his successor shall be obligated to pay impact fees to the COUNTY, at the rate then current, for each unit which thereafter requires a Certificate of Occupancy. Units which have had a Certificate of occupancy issued to them before f~g~/~/f~6~/~/~/6f/~i~ ~f~ Julx 11, 1997, must have an impact fee paid when that unit is resold, without regard to the f~/~E~E~/~/~/~ July 11, 1997, date. ~/~6~/6~ Immediately after such sales are closed, ~Z~Z~ HYATT or HYATT's successor in title shall ~6Z~6~ pay, or collect and pay, the impact fee ~/~Z/~Z to COUNTY. On all other closings. HYATT shall require that each new 9urchaser of a unit in the Park execute a disclosure form acknowledging that the new purchaser has been informed tha% impact fees will have to be paid when the unit it res .. t 2. Paragraph 7 - "Surcharge on Rates" is deleted, o//~ ~ ~ (page one of two) IN WITNESS WHEREOF, COUNTY and HYATT have entered into this amendment on this day of , 1995. INDIAN RIVER COUNTY, FLORIDA Attest: by its Board of County Commissioners Jeffrey K. Barton, Clerk sign Witness printed name: sign Witness printed name: Attest: Kathryn#O'Halloran, City clerk By Kenneth R. Macht, Chairman CITY OF SEBASTIAN, FLORIDA Arthur Firtion, Mayor Attachment: Agreement of 7/11/89 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 FAX (407) [] 589-5570 'SUBJECT: STANDARD HOUSING CODE Approved For Submittal By: City Manager ?_l~'~ Agenda Number: ~-~) ~/ Dept. Or'ig±n: Community Development: (BC) Date Submitted: 05/02/95 For Agenda Of: 05/10/95 Exhibits: 1. Construction Board Memo dated 4-28-95. 2. SBCCI Standard Housing Code 1994 Edition EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Currently, Sebastian has not adopted a Standard Housing Code for the City. Until recently, I did not believe the City needed a housing code due to the minimal amount of rentals and low-income units being constructed. Now that we are seeing an upswing in rental developments and low-income housing, the City should consider a Standard Housing Code to review violations of existing homes that may not be addressed in other technical codes that have already been adopted. In reviewing Chapter 3, you will find that most of the homes being constructed will meet all of the requirements that are set forth within this code. The housing code is intended to address the older homes and rentals which landlords refuse to maintain a minimum standard for their units. At its regular meeting of 4/11/95, the Sebastian Construction Board recommended that City Council adopt the 1994 Standard Housing Code (published by the Southern Building Code Congress International). Staff will be bringing up the 1994 editions of all the other technical codes here in the immediate future after staff has had time to ~Ke any changes that are of significance. RECOMMENDED ACTION Review the 1994 Edition of the Standard Housing Code published by the · Southern Building Code Congress International. Direct City Attorney to draft an ordinance to adopt this code. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 M E M 0 R D A D__ U M DATE: TO: F ROM: RE: 28, 1995 Mayor F£rt£on Cou~clf Members a~ K. Nappi., Secret Sebastian Construction Board Approvg£ of the 1994 Standard Ho~si~g Code At tgeir meeting held 4/11/95, tge Sebastian Construction Board made a~d passed tge fof£owing motion ~animous£y: MOTION BT MR. MOSBY, SECONDED BT V/CE CHAIRMAN 3. SMITH THAT WE RECOMMEND TO CITT COUNCIL TO ADOPT THE 1994 STANDARD HOHSING CODE, MOTION CARRIED. A c. opy of the above referenced hgs been attached for your c,o~¥enienoe. STDCODE.DOC STANDARD HOUSING CODE 1994 EDITION SECOND PRINTING COPYRIGHT® 1994 BY SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. 900 MONTCLAIR ROAD BIRMINGHAM, ALABAMA 35213-1206 205-591-1853 PRINTED IN NOTE: The SBCC1 Standard CodesTM are designed for adoption by state or local governments by reference only. Jurisdictions adopting them ma), make necessary additions, deletions and amendments in their adopting document. Incorporation of any part of the SBCCI Standard Codesm in codes published by states, local governments, regulatory agencies, individuals or organizations is expressly prohibited. When your jurisdictio), has adopted one or more of the SBCCI Standard Codes'm, please send a copy of the adopting docun,ent to the SBCCI headquartetx office. SECOND PRINTING COPYRIGHT© 1994 BY SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. 900 MONTCLAIR ROAD BIRMINGHAM, ALABAMA 35213-1206 205-591-1853 PRINTED IN U.S.A. All rigitts /'eserved. No par~ of this book may be reproduced or transmitted itt any form or by any means, electronic or mechanical, including photocopy, recording or by iqformation storage and retrieval xystem, without advance permission in writing fi'om the publisher. For iqformation contact: Chief Executive Office/; Southern Building Code Congress International, Inc., 900 Montclair Road, Birmingham, Alabama 352]3-1206. Standard Housing Code 1994 PREFACE These pages contain revisions made to the 1991 Standard Housing Code during the 1991 code change cycle. They were processed through two public hearings and ratified by a final ballot of the active membership of the Southern Building Code Congress after the 1991 Annual Conference. The revisions are presented as page replacements in the 1991 Standard CodesTM. The purpose of this code is to provide tile basic minimum housing standards deemed essential for safe and healthful living. The code provides the minimum requirements necessary to maintain any residential occupancy in a safe and sanitary condition. Tile Standard Housing Code is one of tile ten codes published and maintained by tile Southern Building Code Congress International and is a minimulr~ housing code relating principally to tlm use, occupancy and maintenance of existing residential buildings and shall not be construed as being a building construction code. The Standard Housing Code contains certain terminologies or references, such as "properly installed," "properly connected," "properly constructed" and other similar terms. It is intended that these references relate to the Standard Building, Plumbing, Gas, Mechanical and other codes published by the Southeru Building Code Congress International or any other codes officially adopted and administered by the governing body of this code. Vertical bars in the margin indicate changes made since the 1988 edition. Stars in the margin indicate deletions from tile 1988 edition. Standard Housing Code 1994 III METRIC CONVERSIONS Length Area Volume Mass Mass/unit length Mass/unit area Mass density Force Force/unit length Pressure, stress, modulus of elasticity Second moment of area Section modulus Temperature Energy, work, quantity of heat Power Thermal conductance (U value) Thermal resistance (R value) Flow Illuminance Velocity (speed) C~~~. lane angle MULTIPLY BY inches 25.4 ft 0.3048 sq in 645.16 sq ft 0.0929 cu in 0.01639 cuft 28.3169 cuft 0.02832 gal 3.785 gal 0.003785 lb 0.4536 plf (Ib/ft) 1.4882 TO GET mm m mm2 m2 L m3 L m3 ~/m psf (Ib/sq fi) 4.882 kg/m2 pcf (Ib/cu ft) 16.02 kg/m3 lb 4.4482 N plf (lb/R) 14.5939 N/m psi 6.895 kPa psf (Ib/sq ft) 47.88 Pa in4 416,231 mm4 in3 16,387.064 mm3 °F-32 5/9 °C (°F-32) + 273.15 5/9 K kWh 3.6 MJ Btu 1055 J ft- lb (force) 1.3558 J ton (refrig) .3.517 kW Btu/s 1.0543 kW hp (electric) 745.7 W Btu/h 0.2931 W Btu/f2 · h · °F 5.6783 W/m2 oK ft2 ° h · °F/Btu 0.1761 m2 · K/W gpm 0.0631 cfm 0.4719 footcandle 10.76 (Im/sq ft) mpl~ 0.447 "(angle) 0.01745 b/s L/s Ix (lux) m/s rad Standard Housing Code 1994 TABLE OF CONTENTS CHAPTER 1 ADMINISTRATION 101 TITLE AND SCOPE .................................................................................................. 1 102 ORGANIZATION ...................................................................................................... 2 103 POWERS AND DUTIES OF HOUSING OFFICIAL .................................................. 3 104 INSPECTIONS ......................................................................................................... 4 105 HARDSHIPS ............................................................................................................. 5 106 HOUSING BOARD OF ADJUSTMENTS AND APPEALS ........................................ 5 107 APPEALS ................................................................................................................. 6 108 VIOLATIONS AND PENALTIES ............................................................................... 6 109 VALIDITY .................................................................................................................. 7 110 PERMITS .................................................................................................................. 7 CHAPTER 2 DEFINITIONS 201 GENERAL ....................................................................................... , ......................... 9 202 DEFINITIONS ........................................................................ : .................................. 9 CHAPTER 3 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES 301 GENERAL ............................................................................................................... 15 302 FACILITIES REQUIRED ......................................................................................... 15 303 MINIMUM REQUIREMENTS FOR LIGHT AND VENTILATION ............................ 17 304 MINIMUM REQUIREMENTS FOR ELECTRICAL SYSTEMS ................................ 18 305 GENERAL REQUIREMENTS FOR THE EXTERIOR AND INTERIOR OF STRUCTURES ...................................................................... 18 306 MINIMUM DWELLING SPACE REQUIREMENTS ................................................. 21 307 SANITATION REQUIREMENTS ............................................................................ 22 308 ROOMING HOUSES .............................................................................................. 23 309 DESIGNATION OF UNFIT DWELLINGS AND LEGAL PROCEDURE FOR CONDEMNATION .................................................................. 24 APPENDIX A SAMPLE ORDINANCE TO ADOPT STANDARD CODES ......................... 27 APPENDIX B SAMPLE HOUSING INSPECTOR'S REPORT .......................................... 29 APPENDIX C SAMPLE HOUSING CODE ENFORCEMENT MASTER CONTROL CARD ................................................................................... 31 Standard Housing Code 1994 CHAPTER 1 ADMINISTRATION 101 TITLE AND SCOPE 101.1 Title Provisions in the lbllowing chapters and sections shall constitute and be known and may be cited as "The Standard Housing Code" hereinafter referred to as "this code." 101.2 Code Remedial This code is hereby declared to be remedial, and shall be construed to secure the _beneficial interests and purposes thereof which are public safety, health and general welfare through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use or occupancy of residential buildings and accessory structures. 101.3 Scope 101.3.1 The provisions of this code shall apply to all buildings or portions thereof, all accessory structures or portions thereof located on residential property, used or unused, designed or intended to be used roi' human habitation or the storage of materials associated with human habitation. 101.3.2 This code establishes minimum standards for occupancy, and does not replace or modify standards otherwise established for construction, replacement or repair of buildings except such as are contrary to the provisions of this code. 101.3.3 Buildings or structures moved into or within the jurisdiction shall comply with the requirements in the Standard Building Code® for new buildings. 101.4 Existing Buildings 101.4.1 Alterations, repairs or rehabilitation work may be made to any existing building without requiring the building to comply with all the requirements of this code provided that the alteration, repair or rehabilitation work conforms to the requirements of this code for new construction. The housing official shall determine, subject to appeal to the Board of Adjustments and Appeals, the extent, if any, to which the existing building shall be made to conform to the requirements of this code for new construction. 101.4.2 Alterations, repairs or rehabilitation work shall not cause an existing building i~ Imcome unsafe as defit~ed in 103.2. 101.4.3 If the occupancy classification of an existing buildiug is changed, the building shall be made to conform Io the intent of this code for the new occupancy classification as established by the housing official. Standard Housing Code 1994 101.4.4 Repairs and alterations, not covered by the preceding paragraphs of this section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of this code or in such manner as will not extend or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building is constructed, but not more than 25% of the roof covering of a building shall be replaced in any period of 12 months unless the entire roof covering is made to conform with the requirements of this code for new buildings. 101.5 Special Historic Buildings And Districts The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving buildings or structures shall not be mandatory for existing buildings or structm'es identified and classified by the state or local .jurisdiction as historic buildings when such buildings or structures are judged by the housing official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts. The applicant must submit complete architectural and engineering plans and specifications bearing the seal of a registered professional engineer or architect. 101.6 Maintenance All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this code itl a building when erected, altered, or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures and premises. 101.7 Application Of Zoning Ordinance Nothing in this code st'mil be construed to cancel, modify or set aside any provision of the zoning ordinance of the authority having jurisdiction. 102 ORGANIZATION 102.1 Enforcement Officer There is hereby established by the applicable governing body provisions for the enforcement of this code by the housing official. 102.2 Restrictions On Employees An officer or employee connected with the department, except one whose only connection is as a member of the board, established by this act, shall not be financially interested in the furnishiug of labor, material, or appliances fol' the construction, alteration, or maintenance of a building, or in the making of plans or of specifications therefor, unless he is the owner of such building. Such officer or employee shall not engage ill any work which is inconsistent with his .~ties or with the interests of the departrnent. Standard Housing Code 1994 102.3 Records The housing official si'roll keep, or cause m be kept, a record of the business of the department. The records of the department shall bc open to public inspection. 103 POWERS ANI) I)UTIES ()F IIOUSING ()FFICiAI, 103.1 Right Of Entry The housing official shall enforce the provisions of this code, and lie, or his duly authorized representative upon presentation of proper idelltification to the owner, agent, or tenant in charge of stlch property, may enter any building, structure, dwelling, apartment, apartment house, or premises, during all reasonable hours, except in cases of emergency where extreme hazards are known to exist which may involve the polential loss of life or severe property damage, in which case It~e above limitations shall not apply. 103.2 l, Jns:ffe Residential Buildings 103.2.1 All residential buildings or structures used as such which are unsafe, unsanitary, tmfit for human habitation, or not provided with adequale egress, which constitute a fire hazard, or are otherwise dangerous lo human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are considered unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with 103.2.2, 103.2.3 and 103.2.4. 103.2.2 Whenever the housing officinl determines that there are reasonable grounds to believe that there has been a violation of any provision of this code or of any rule or regulation adopted pursuant thereto, he shall give notice of such nlleged violation to the person or persons responsible therefor and such alleged violations shall constitute a nuisance. Such notice shall: 1. Be put in writing; 2. Include n statement of the reasons why it is being issued: 3. Allow 45 days to correct major violations and 60 days to correct minor violations with a maximum time limit of 120 clays for either, subject to approval of the housing official; and 4. Stale Ihat, if such repairs, reconstruction, alterations, removal or demolition nre not voluntarily compleled wifi~in the stated time as set forlh in the notice, the housing official shall institum such legal proceedings charging the pel-sOn or persons, firm, corporation or agent with a violation of this code. 103.2.3 Sec'vice of notice shall be as follows: 1. By delivery to lhe owner personally, or by leaving lhe notice at lhe usual place of abode of the owner with n person of suitable age and discretion; or 2. By depositing the notice in the Untied Slates Post Office tm'ncr at his lasl kllOWl~ address wilh postage l)rcpaid Standard Housin~ Ood~ ~994 3. By posting and keeping posted for 24 hours a copy of the notice in a conspicuous place on the premises to be repaired. 103.2.4 When a residential building is to be demolished, it shall be done so in accordance with the provisions of the Standard Unsafe Building Abatement Code. 103.3 Requirements Not Covered By Code Any requirement, not specifically covered by this code, i'ound necessary l'or tile safety, health, and general welfare of the occupants of any dwelling, shall be determined by the housing official subject to appeal to the Housing Board of Adjustments and Appeals. 103.4 Liability Any Officer or employee, or member of the Housing Board of Adjustments and Appeals, charged with the enforcement of this code, in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of this code shall be defended by the Department of Law until the final termination of the proceedings. 103.5 Reports The housing official shall annually submit a report to the chief administrator covering the work of the department during the preceding year, He shall incorporate in said report a summary of the decisions of the Housing Board of Adjustments and Appeals during said year. 103.6 Letter Of Compliance A letter indicating compliance with tile provisions of this code may be issued by the housing official. 104 INSPECTIONS The housing official shall make or cause to be made inspections to determine the condition of residential buildings and premises in the interest of safeguarding the health and safety of the occupants of such buildings and of the general public. For the purpose of making such inspections, the housing official, or his agent, is hereby authorized to enter, examine, and survey at all reasonable times all residential buildings and premises. The owner or occupant of every residential building or the person in charge thereof shall give the housing official f'ree access to such residential building and its premises, at all reasonable times for the purpose of such inspection, examination, and survey. ~ Standard Housing Code 1994 105 HARDSHIPS Where the literal application of the requirements of this code would appear to cause undue hardship on an owner or tenant or when it is claimed that the true intent and meaning of this code or any of the regulations therein have been misconstrued or wrongly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal the decision of the housing official to the Housing Board of Adjustments and Appeals, as set forth in 107. 106 HOUSING BOARD OF ADJUSTMENTS AND Al'PEALS 106.1 Appointment 106.1.1 There is hereby created by the applicable governing body a board to be 'known as the Housing Board of Adjustments and Appeals, which shall consist of not less than three members appointed by the governing body. The melnbers shall be residents of tile governed area. Members o[' the board shall be appointed for 3 year terms, except that on tile initial appointment, one shall be appointed for 1 year, one for 2 years, and one for 3 years. Any one or more members of said board shall be subject to removal or replacement by the appointing authority at any time for cause of stated charges after a public hearing before the appointing authority, and a vacancy on said board shall be filled by tile appointing authority for the unexpired term of such vacancy. Tile members of said board shall serve without compensation. 106.1.2 As soon as practical after their appointment, the members of the Housing Board of Adjustments and Appeals shall meet and organize by electing a chairman, vice-chairman, and secretary. Thereafter officers of the board shall be elected by the members at the first annual meeting of tile board. 106.2 Meetings The board shall meet at regular intervals to be determined by tile chairman but in any event the board shall meet within 10 days after notice of appeal has been received. Reasonable notice of the place, time and date of such meetings shall be given all the members of the board and all interested parties in each case to be heard by the board. 106.3 Records All minutes of tile board meetings shall be public records and tile secretary of tile board shall keep all records and perform such additional duties as the board may deem proper. 106.4 Duties 106.4.1 Tile duties of tile Housing Board of Adjustments and Appeals shall be: 1. To consider and determine appeals whenever it is claimed that the true intent and meaning of this code or any of its regulation~ misconstrued or wrongly interpreted. Standard Housin[l Code 1994 2. To permit, in appropriate cases where the application of the requirement of this code in the allowance of the stated time for the performance of any action required hereunder would appear to cause undue hardship on an owner, one or more extensions of time, not to exceed 120 days each, from the date of such decision of the board. Applications for additional extensions of time shall be heard by the board. Such requests for additional extensions of time shall be filed with the housing official not less than 30 days prior to tile expiration of the current extension. 106.4.2 An appeal should not be considered where an appeal case has been previously decided involving the same premises. 106.5 Procedure Tile Housing Board of Adjustments and Appeals shall establish its own rules of procedure for accomplishment of its duties and functions, provided that such rules shall not be in conflict with the provisions of this code and thc laws of the state. 106.6 Decisions All decisions of the Housing Board of Adjustments and Appeals to vary tile application of any provision of this code or to modify an order of tile housing official shall specify in what manner such variance or modification is made, the condition upon which it is made, and the reasons therefor. Every decision shall be in writing and shall indicate the vote upon the decision. A copy of all decisions shall be promptly filed in the office of tile housing official and shall be open to public inspection. The secretary shall notify the appellant in writing of tile final action of the board. 107 APPEALS Any person rccciving written notice fi'om thc housing official of dcl'icicncies in his property under this code may within 30 days following tile datc of such notice enter all appeal in writing to the Housing Board of Adjustments and Appeals. Such appeal shall state the location of the property, the date of the notice of violations, and the number of such notice. The appellant must state the variance or modification requested, the reasons therefor, and the hardship or conditions upon which the appeal is made. 108 VIOLATIONS AND I'ENALTIES Any person, firm, corporation or agent, who shall violate a provision of this code, or fail to con)ply therexvith, or with any o1' tile requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or has erected, .'constructed, altered, repaired, moved or demolished a building or structure in violation of this code shall be l)rOSCCutcd within thc limits provided by state or ocal laws. Each such person shall be deemed guilty of a separate ot'fense for Standard Housing Code 1994 each and every day or portion thereof during which any violation of any of the provisions of this code is committed, or continued and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws. 1{}9 VALII)ITY If any section, subsection, sentence, clause or phrase o[ this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 110 PERMITS An), owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change a residential building or structure or to cause an,,, such work to be done, shall first make application to tile housing official a~d obtain the required permit therefor. Ordinary minor repairs may be made with the approval of the housing official without a permit, provided that such repairs shall not violate any of tile provisions of tiffs code. Standard Housing Code 1994 CHAPTER 2 DEFINITIONS 201 GENERAL 201.1 Tense, Gender And Number For thc purpose of this codc, cert:tin abbreviations, terms, phrases, words, and their deriwnives, shall be construed tls set forth in this chapter. Words used in the present tense include tile future. Words in tile masculine gender include tile feminine and neuter. Words in the feminine and neuter gender include the masculine. The singular number includes the plural and plural number includes the singular. 2(}1.2 Special Meaning And Words Not Defined 201.2.1 Words not defined herein shall have the meanings staled in tile Standard Building Code, Staudard Mechanical Code, Standard Plumbing Code, Standard Gas Code or Standard Fire Prevention Code. Words not defined in tile Standard Codes shall have the meanings in Wcbster's Ninth New Collegiate Dictionary, as revised. 201.2.2 Whenever the words "dwelling," "dwelling units," "rooming house," be construed rooming umts, and "premises" are used in this code, they shall as though they were followed by the words, "or any part thereof." 202 DEFINITIONS ADDITION~an extension or increase in floor area or height of a building or structure. ALTER OR ALTERATION~any change or modification in construction or occupancy. APARTMENT~a dwelling unit as defined ill this code. APARTMENT HOUSE~any building or portion thereof used as a multiple dwelling for the purpose of providing three or more separate dwelling units which may share means of egress and other essential facilities. APPLICABLE GOVERNING BODY~a city, county, state, state agency or other political government subdivision or entity authorized to administer and enforce the provisions of this code, as adopted or amended. APPROVED--approved by the housing official or other authority having jurisdiction. BASEMENT~that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that tile vertical distance from grade to tile goof below is less than the vertical distance from grade to ceiling, provided, however, that the distance from grade to ceiling shall be at least 4 ft 6 inches (1372 mm). ~ Standard Housing Code 1994 9 BUILDING--any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind which has enclosing walls for 50% of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof." (For the purpose of this code each portion of a building separated from other portions by a fire wall shall be considered as a separate building.) CELLAR--that portion of a building, the ceiling of which is entirely below grade or less than 4 ft 6 inches (i 372 xnm) above grade. DORMITORY--a space in a unit where group sleeping accommodations are provided with or without meals for persons not ~nembers of the same family group, in one room, or in a series of closely associated rooms under joint occupancy and single management, as in college dormitories, fraternity houses, military barracks and ski lodges. DWELLiNG~when used in this code without other qualifications, means a building occupied exclusively for residential purposes by not more than two families. DWELLING UNIT~a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. EXTERMINATION--the control and extermination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods. FAMILY~one or more persons living together, whether related by blood, marriage or adoption, and having common housekeeping facilities. FLOOR AREA--the total area of habitable space in a building or structure. GARBAGE--the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. HABITABLE ROOM--a space in a building for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space. HOTEL--any building containing six or more guests rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests. HOUSING OFFICIAL~the officer, or his duly authorized representative with tile administration and enforcement of this code. Standard Housing Code 1994 INFESTATION--the presence within or around a dwelling, of any insects, rodents, or pests. other iNOPERABLE MOTOR VEHICLE--one which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable being of moved under its own power. MAJOR VIOLATION--A defect that exists on a property or structure that is imlnediately dangerous to the health, safety or welfare of the occupants, passersby or persons in contiguous areas; a defect that exists that seriously undermines that component or structural member which component renders that or member unsafe to use or exist in its present condition. MINOR VIOLATION~A defect that exists on a property or structure that in its present state of disrepair, cleterioration or absence, does not constitute an immediate hazard. MULTIPLE DWELLING--any building, or portion thereof, which is occupied as the home or residence of more than two families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. NUISANCE~the following shall be defined as nuisances: 1. Any public nuisance known at common lax,,, or in equity jurisprudence. 2. Ally attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon all unoccupied lot. This includes any abandoned wells, shafts, basements, or excawltions; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may hazard for inquisitive minors. prove a 3 Whatever is dangerous to hun'mn life or is detrimental to health, as determined by the health officer. 4. Overcrowding a room with occupants. 5. Insufficient ventilation or illumination. 6. Inadequate or unsanitary sewage or plumbing facilities. 7. Uncleanliness, as 'detel'mined by the health officer. 8. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, ~is deterrnined by tile health officer. OPENABLE AREA--that part of a window or door which is available roi' unobstructed ventilation and which opens directly to the outdoors. OPERATORiany person who has charge, care or a part control of building or thereof, in which dwelling milts or roorning units are let. OWNER--the holder of the title in fee simple and any person, group of persons, company, association or corporation ill whose name tax bills on the property are submitted. It shall also nlean any person who, alone or jointly or severally with others: 1. shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thcrcof; or 2. shall have charge, care (>i- ct)ntrol of any ctwelling (~r dwelling unit, as owner, executor, executrix, administrator, trustee, dUra'dian of thc estate of Standard Housing Code 1994 ~1 the owner, mortgagee or vendee in possessious, or assignee of rents, lessee, or other person, firm, or corporation in control of a building; or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this code, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property which apply to the owner. PERSON--any individual, tirm, corporation, association or partnership. PLUMBING--the practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: Sanitary drainage or storm drainage facilities, the venting system and tile public or private water supply systems, within or adjacent to any building, structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of stormwater, liquid waste, or sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. PREMISES--a lot, plot or parcel of land including the buildings or structures thereon. PUBLIC AREA--an unoccupied open space adjoining a building and on the stone property, that is permanently maintained accessible to the fire department and free of all incumbrances that might interfere with its use by the fire department. eating purposes. REPAIR--the replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be in violation of a provision of law or ordinance. The term "repair" or "repairs" shall not apply to any change of construction. REQUIRED--required by some provision of this code. RESIDENTIAL BUILDINGS~buildings in which families or households live or in which sleeping accommodations are provided, and all dormitories. Such buildings include, among others, dwellings, multiple dwellings, and rooming houses. ROOMING HOUSE--any dwelling, or that part of any dwelling containing one or rnore rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. ROOMING UNIT--any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or Standard Housing Code 1994 RUBBISH--combustible and noncombustible waste materials, except garbage, including the residue from the burning of wood, coal, coke or other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery, and dust. STAIRWAY--one or more Flights of stairs and the necessary I;mdings and platforms connecting them, to forlll a continuous and uninterrupted passage from one story to another in a building or structure. STORY-that portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above. STRUCTURE--that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "structure" shall be construed as if followed by the words "or part thereof." SUPPLIED--paid for, furnished, or provided by or under control of, the owner or operator. TEMPORARY HOUSING--any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days. VALUATION OR VALUE--as applied to a building, tile estimated cost to replace tile building in kind. VENTILATION--the process of supplying and removing air by natural or mechanical means to or from any space. YARD--an unoccupied open space other than a court. Standard Housing Code 1994 CHAPTER 3 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES 301 GENERAL No person shall occupy as owner-occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, Sleeping, cooking, or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements. 3(12 FACILITIES REQUIRED 302.1 Sanitary Facilities Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet all in good working condition and properly conuected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition free from defects, leaks, and obstructions. 302.2 Location O1' Sanitary Facilities All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet, tub or shower and lavatory shall be located .in a room affording privacy to the user and such room shall have a minimum floor space of 30 sq.ft (2.8 m~) with no dimension less than 4 ft (1219 mm). Bathrooms shall be accessible from habitable roorns, hallways, corridors or other protected or enclosed area. 302.3 Hot And Cold Water Supply Every dwelling unit shall have an adequate supply of both cold and hot water connected to the kitchen sink, lavatory, and tub or shower. All water shall be supplied through an approved distribution systeln connected to a potable water supply. 302.4 Waler Heating Facilities Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a lemperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of no~ Jess than 120°F (49°C). Such water heating facilities shall bc capable ()f meet,, -.: the requirements of 302.4 when the ctwelling or dwelling unit heating facilities required under thc pti)visions off this code are not in Standard Housing Code 1994 ~/~ ) 15 operation. Apartment houses may use a centralized water heating facility capable of heating an adequate amount of water as required by the Standard Plumbing Code© to not less than 120°F (49°C). 302.5 Heating Facilities 302.5.1 Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working conditions, and are capable of safely and adequately heating all habitable rooms and bathrooms. 302.5.2 Where a central heating system is not provided, each dwelling unit shall be provided with facilities whereby heating appliances may be connected. 302.5.3 Gas heaters listed for unrented use shall be permitted provided the total input rating of the heaters is less than 30 Btu per hour per cuft (314 W/re") of room content. Such heaters shall be prohibited in bedrooms. 302.5.;4 The use of any liquid fueled unvented heating appliance shall be permitted in one and two family residences only, providing such appliance is tested and listed by an approved laboratory according to requirements of UL 647 (1984) and providing the fuel is stored in containers meeting ASTM ES-8 for kerosene containers. 302.6 Kitchen Facilities Every dwelling unit shall contain a kitchen equipped with the following minimum facilities: 1. Food preparation surfaces impervious to ~vater and free of defects which could trap food or liquid. 2. Shelving, cabinets or drawers for the storage of food and cooking and eating utensils, all of which shall be maintained in good repair. 3. Freestanding or permanently installed cookstove. Portable electric cooking equipment shall not fulfill this requirement. Portable cooking equipment employing flame shall be prohibited. 4. Mechanical refrigeration equipment for the storage of perishable foodstuffs. EXCEPTION: Nothing herein shall preclude a written agreement between an owner and tenant that the tenant will furnish mechanical refrigeration equipment and/or a cookstove as required in this section. It shall be an affirmative defense available to an owner charged with a violation of this section if such an agreement exists. 302.7 Garbage Disposal Facilities Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, ora type and location approved by the applicable governing body. 302.8 Fire Protection A person shall not occupy as owner-occupant nor shall let' to another for occupancy, any building or structure which does not comply with the applicable provisions of the fire prevention code of the applicable governing body. 16 .,~ ~.'~ Standard Housing Code 1994 302.9 Smoke Detector Systems Every dwelling unit shall be provided with an approved listed smoke detector, installed in accordance with the manufacturer's recommendations and listing. When activated, the detector shall provide an audible alarm. The detector shall be tested in accordance with and meet the requirements of UL 217 (1989), Single and Multiple Station Smoke Detectors. 303 MINIMUM REQUIREMENTS FOR LIGHT AND VENTILATION 303.1 Windows Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 8% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstruction structures are Iocaled less than 3 ft (914 mm) fl'ertl the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight4ype window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room. 303.2 Ventilation 3t}3.2.1 Every habitable room shall have at least one window or skylight which can be easily opened, or such other device as will adequately ventilate the rooln. The total of openable window area in every habitable room shall equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required, or shall have other approved, equivalent ventilation. :303.2.2 Year round mechanically ventilating conditioned air systems may be substituted for windows, as required herein, in rooms other than rooms used for sleeping purposes. Window type airconditioning units are not included in this exception. 303.3 Bathroom Every bathroom shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required ill adequately ventilated bathrooms equipped with an approved ventilating sysiem. 303.4 Electric Lights And Outlets Where there is electric service available to the building structure, ex, cry habitable room or space shall contain at least two separate and remote receptacle outlets. Bedrooms shall have, in addition, at least one wall switch controlled lighting outlet, in kitchens, two separate and remote receptacle outlets shall be provided (receptacles rendered inaccessible by appliances fastened in place or by appliances occupying dedicated space, shall not be Standard Housing Code 1994 considered as these required outlets) and a wall or ceiling lighting outlet controlled by a wall switch shall be provided. Every hall, water closet compartment, bathroom, laundry room or furnace room shall contain at least one ceiling-mounted or wall-mounted lighting outlet. In bathrooms, the lighting outlet shall be controlled by a wall switch. In addition to the lighting outlet in every bathroom and laundry room, there shall be provided at least one receptacle outlet. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. 303.5 Light In Public Halls And Stairways Every common hall and inside stairway in every building, other than one-family dwellings, shall be adequately lighted at all times with an illumination of at least 1 foot candle intensity (10.76 lux) at the floor in the darkest portion of the nornmlly traveled stairs and passageways. 304 MINIMUM REQUIREMENTS FOR ELECTRICAL SYSTEMS Every electrical outlet and fixture, and all electrical wiring and equipment shall be installed, inaintained and connected to a source of electric power in accordance with the provisions of the electrical code of the authority having jurisdiction. 305 GENERAl., REQUIREMENTS FOR THE EXTERIOR AND INTERIOR OF STRUCTURES 305.1 Foundation The building foundation system shall be maintained ii1 a safe manner and capable of supporting the load which normal use may cause to be placed thereon. 305.2 Exterior Walls Every exterior wall shall be fl'ee of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain, or dampness to the interior portions of the walls or to the occupied spaces of the building. All siding material shall be kept in repair. 305.3 Roofs 305.3.1 Roofs shall be structurally sound and maintained in a safe manner and have no defects which might admit rain or cause dampness in tile walls or interior portion of the building. 305.3.2 All portions, additions or sections of a roof including, but not limited to, the fascia, cave, soffit, sheathing, rafter tail, bnrge rnfter, vent screening, gutter, downspout, I-OO£ jack, lead or metal flashing, shall be complete with all trim strips, moldings, brackets, braces and supports in nccordance with common building practices. No item shall clisplay signs of deterioration, abuse or 1~'~,/~, ~% Standard Housing Code 1994 improper installation that could be construed to affect the purpose of that item or cause damage to the immediate area or roof structure, that could allow dampness or admit rain to the interior of that building. 305.4 Means Of Egress Every dwelling unit shall have safe, unobstructed means of egress with minimum ceiling height of 7 ft (2134 mm) leading to a safe and open space at ground level. Stnirs shall have a minimum head room of 6 ft 8 inches (2032 ill I¥1 ). 305.5 Stairs, Porches And Appurtenances Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair. 305.6 Protective Railings Protective railings shall be required on any unenclosed structure over 30 inches (762 mm) above the ground level or on any steps containing four risers or more. 305.7 Windows Ever'3, window shall be substantially weathertight, watertight and rodentproof, and shall be kept in sound working condition and good repair. 305.8 Windows To Be Glazed Every window sash shall be fully supplied with glass window panes or all approved substitute which are without open cracks or holes. 305.9 Window Sash Window sash shall be properly fitted and weathertight within the window frame. 305.10 Windows To Be Openable Every window required for light and ventilation for habitable rooms shall be capable of being easily opened and secured in position by window hardware. 305.11 Exterior Doors 305.11.1 Every exterior door, basement or cellar door and h:nchway shall be substantially weathertight, watertight, and rodentproof, and shall be kept in sound working condition and good repair. 3{}5.11.2 Every exterior door shall be provided with properly installed hardware that is mair~tained to insure reasonable ease of operation to open, close and secure in an open or closed position, as intended by the manufacturer of the door and tile attached hardware. ~ Standard Housing Code 1994 * 19 305.12 Exterior Door Frames 305.12.1 Exterior door frames shall be properly maintained and shall be affixed with weatherstripping and thresholds as required to be substantially weathertight, watertight and rodent and insect resistant when the door is in a closed position. 305.12.2 Exterior door jambs, stops, headers and moldings shall be securely attached to the structure, maintained in good condition without splitting or deterioration that would minimize the strength and security of the door in a closed position. 305.13 Screens 305.13.1 Dwelling units which do not have a central air conditioning system shall have screens on all exterior openable windows and doors used or required for v~ntilation. Screens on windows and doors shall be stretched and fitted and maintained without open ripS' or tears. 31)5.13.2 A closing device shall be installed on all screen doors. 305.14 Protective Treatment All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. All siding shall be weather resistant and water tight. All masonry joints shall be sufficiently tuck pointed to insure water and air tightness. 3(}5.15 Accessory Structures Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition. 305.16 Interior Floors, Walls, And Ceilings 305.16.1 Every floor, interior wall and ceiling shall be substantially rodent proof, shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. 305.16.2 Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. 305.17 Structural Supports Every structural ~lement of the dwelling shall be maintained structurally sound and show no evidence of deterioration which would render it incapable of carrying normal loads. 3(}5.18 Protective Railings For Interior Stairs Interior stairs and stairwells more than four risers high shall have handrails located in accordance with the requirements of the Standard Building Code®. Handrails or protective railings shall be capable of bearing normally imposed loads and be maintained in good condition. 20//~-~ ~ Standard Housing Code 1994 305.19 Firestopping And Draftstopping 305.19.1 Firestopping shall be maintained to cut off all concealed draft openings both horizontal and vertical and to form a fire barrier between floors and between the upper floor and the roof space. 305.19.2 Draftstopping shall be maintained to cut off all concealed draft openings in floor/ceiling assemblies and in attics. 305.20 Interior Doors Every existing interior'door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. 305.21 Interior Door Hardware Every interior door shall be provided with proper hardware, securely attached and maintained in good condition. Hasp lock assemblies are not pern'fitted on the exterior side of the door of habitable rooms. 305.22 Bathroom Doors Privacy of bathrooms shall be afforded by doors complete with privacy hardware intended by the manufacturer for that purpose. 305.23 Skirting 305.23.1 Existing skirting shall be maintained free from broken or missing sections, pieces or cross members. Skirting shall be securely attached and sized from tile ground to the lower outside perimeter of the structure. 305.23.2 Replacement or new skirting shall be constructed of materials intended for exterior use and properly sized and mounted to prevent free access to ihe crawl space of the structure. Crawl space access grille or door and ventilation grilles shall be sized according to local code requirelnents. 306 MINIMUM DWELLING SPACE REQUIREMENTS 306.1 Required Space In Dwelling Unit Every dwell!ng unit shall contain at least 150 sq ft (13.9 m2) of floor space for the first occupant thereof and at least an additional 100 sq ft (9.3 m2)of floor area per additional occupant. The floor area shall be calculated on the basis of tile total area of all habitable rooms. 306.2 Required Space In Sleeping l~.ooms In every dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 sq ft of floor space, and every room occupied for sleeping purposes by more than one occnpant shall contain at least_J~Lk.q ft ('4.6 m2) oi' Floor space for each occupant thereof. Standard Housing Code 1994 21 306.3 Minimum Ceiling Height 306.3.1 Habitable (space) rooms other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than 7 ft (2134 mm). Hallways, corridors, bathrooms, water closet rooms and kitchens shall have a ceiling height of not less than 7 ft (2134 m) measured to the lowest projection from the ceiling. 306.3.2 If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-hail the room area. No portion of the room measuring less than 5 fl (1524 mm) from the finished floor to the finished ceiling shall be included in any computation of the minimum room area. 306.4 Occupancy Of Dwelling Unit Below Grade No basement or cellar space shall be used as a habitable room or dwelling unit unless: 1. The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness, and 2. The total window area in each room is equal to at least the minimum window area size as required in 303.1, and 3. Such required mini~num window area is located entirely above the grade of the ground adjoining such window area, and 4. The total of openable window area in each rooln is equal to at least the minimum as required under 303.2.1, except where some other device affording adequate venti;ation is supplied. 307 SANITATION REQUIREMENTS 307.1 Sanitation Every owner of a multiple dwelling shall be responsible for maintaining in a clean and sanitary condition the shared or common areas of the dwelling and premises thereof. 307.2 Cleanliness Every tenant of a dwelling unit shall keep in a clean aud sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies or which is provided for his particular use. 307.3 Garbage Disposal Every tenant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents and all rubbish in a clean anti sanitary manner by placing it in the garbage disposal facilities or garbage or rubbish storage containers. 307.4 Care Of Premises It shall be unlawful for the owner or occupant of a residential building, structure, or property to utilize the premises of such residential property for the open storage of any im~pcrable motor vehicle, ice box, refrigerator, stove, glass, Standard Housing Code 1994 building material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items as listed above, including but not limited to weeds, dead trees, trash, garbage, etc., upon notice from the housing official. 307.5 Extermination Every occupant of a single dwelling building and every owner of a building containing two or more dwelling units shall be responsible for the extermination of any insects, rodents, or other pests within the building or premises. EXCEPTION: Extermination of wood-destroying organisms shall, in all cases, be the responsibility of the building owner. 307.6 Use And Operation Of Supplied Plumbing Fixtures Every tenant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. 308 ROOMING HOUSES 308.1 Compliance Exceptions No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this code except the provisions of 301, 302 and 307. 308.2 License Required No person shall operate a roolning house unless he holds a valid rooming house license. 308.3 Water Closet, Lavatory And Bath Facilities At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system and in good working condition, shall be supplied for each four rooms within a rooming house wherever such facilities are shared. All such facilities shall be located on the floor they serve within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. 308.4 Water Heater Required Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. 308.5 Minimum Floor Area For Sleeping Purposes Every room occupied for sleeping purposes by one person shall contain at least 70 sq ft (6.5 m2) of floor space and every room occupied for sleeping purposes by more than one person shall contain at least 50 sq ft (4.6 m2) of floor space for each occupant thereof. Standard Housing Code 1994 ' 23 308.6 Exit Requirements Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the building code of the applicable governing body. 308.7 Sanitary Conditions The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house, and shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator. 309 DESIGNATION OF UNFIT DWELLINGS AND LEGAL PROCEDURE FOR CONDEMNATION 309.1 Dangerous Structures Any. dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and declared to be a nuisance and shall be so designated and placarded by the housing official. I. One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of tile occupants or the public. 2. One which lacks illumination, ventilation, or sanitation facilities adequate to protect tile health or safety of the occupants or tile public. 309.2 Form Of Notice Whenever the housing official has declared a dwelling or multiple dwelling as unfit for human habitation and constituting a nuisance, he shall give notice to the owner of such declaration and placarding of the dwelling or multiple dwelling as unfit for human habitation. Such notice shall: 1. Be in writing; 2. Include a description of the real estate sufficient for identification; 3. State the time occupants must vacate the dwelling units; and 4. State that, if such repairs, reconstruction, alterations, removal, or demolition are not voluntarily completed within the stated time as set forth in the notice, tile housing official shall institute such legal proceedings charging the person or persons, firm, corporation, or agent with a violation of this code. 31)9.3 Service O1' Notice Service of notice to vacate shall be as k)llows: 1. By delivery to the owner personally, or by leaving the notice at the usual place of abc)dc of the owner with a person ot'suitable age and discretion; or 2C? ~"~¢'.~ Standard Housing Code 1994 2. By depositing the notice in the United States Post Office addressed to the owner at his last known address with postage prepaid thereon; or 3. By posting and keeping posted for 24 hours a copy of the notice in placard form in a conspicuous place on the premises to be vacated. 309.4 Vacatiug Of Condemned Building Any dwelling or dwelling unit coudemned as unfit for human habitation, and so designatecl and placarded by the housing official, shall be wlcatcd within 30 days after notice of such condemnation has been given by thc housing official to the owner and/or occupant of the building. 309.5 Occupancy Ot' Building No dwelling or dwelling unit which has been condelnned and placarded as unfit roi' human habitation shall again be used for human habitation until approval is secured h'om and such placard is removed by the housing olTicial. The housing official shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. 309.6 Removal Of Placard Or Notice No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in 309.5. Standard Housing Code 1994 APPENDIX A SAMPLE ORDINANCE TO ADOPT STANDARD CODES ORDINANCE NO. AN ORDINANCE TO ADOPT VARIOUS STANDARD CODES RELATING TO INSPECTION ACTIVITIES OF TItE (CiTy, COUNTY, starE) AND ENFORCEMENT OF BUILDING PROVISIONS AS PROVIDED IN SAID CODES. Section 1: WHEREAS, it is the desire of, (NAME Or AOOPriNG ^urnoairY) to adopt, in all respects, the various Standard Codes relating to amusement devices, building, fire prevention, gas, housing, mechanical, plumbing aud swimming pools and WHEREAS, the adoption of these codes is done to facilitate proper inspection activities by (CiTy. COUNTY. sTArE) relating to construction and to maintenance of buildings within said (CITY. COUNTY, STATE) and relating to public safety, health and general welfare; NOW, THEREFORE, BE iT ORDAINED BY (NaMEOFaVo~'ri~GAUmOmrv) that the following codes are hereby adopted by reference as though they were copied herein fully: Standard Amusement Device Code - 1985 Edition Standard Building Code - 1994 Edition Standard Existing Buildings Code ~ 1988 Edition with 199 I/I 994 Revisions Standard Fire Prevention Code - 1994 Edition Standard Gas Code - 1'994 Edition Standard Standard Standard Standard Standard Housing Code - 1994 Edition Mechanical Code ~ 1994 Edition Plumbing Code - 1994 Edition Swimming Pool Code - 1994 Edition Unsafe Building Abatement Code- 1985 Edition Section 2: BE iT FURTHER ORDAINED BY (NAME or,~oo~,rl~a aursoatrv) that any matters in said codes which are.contrary to existing Ordinances of (cirr. cOUNTY, sr,~r~) shall prevail and that Ordinance No .... entitled (fill in here the complete title of the present building ordinance or ordinances in effect at the present time) are hereby repealed and, to that extent any existing Ordinances to the contrary are hereby repealed in that respect only. Section 3: BE IT FURTHER ORDAINED that within said codes, when reference is made to the duties of a certain official named therein, that designated official of (c~rv. coo~rv, starE) who has duties corresponding to those of the named official in said code shall be deemed to be the responsible official insofar as enforcing the provisions of said code are concerned. Section 4: BE IT FURTHEP, ORDAINED thai this ordinance shall lakc cffccl and be in force from and after its passage, the public welfare requiring it. PASSED AND APPROVED BY (ua~s O~ADOPTtNGAUTHORITY) OI1 the day of ATTEST: CLERK: Standard Housing Code 1994 IIY' APPENDIX B SAMPLE HOUSING INSPECTOR'S REPORT Street Address Owner Address Mortgagee Address Agent Address Subdivision Block Lot Lot Size Zoning Facilities Available: Water Electrical Power No. of Dwelling Units Condition of Building Indicates: Conserve Demolish Sanitary Sewer Sanitary Sewer Gas Over Occupancy Rehabilitate Other Standard Housing Code 1994 APPENDIX C SAMPLE HOUSING CODE ENFORCEMENT MASTER CONTROL CARD Suggested minimum size card 4 x 6 inches (102 x 152 mm). Entries suggested on thc card may be changed or altered to fit local conditions. ItOUSING CODE ENFORCEMENT MASTER CARD Address -Owner Address Agent Address Subdivision Block Lot Type Building Occupancy No. of D.U. Owner Occupant Water Closets Tubs/Showers Building St'd D.U.'s Sub-Std. Condition Indicates: Conserve Demolish No. of Stories Zoning Nc). of Occupants Exceeding No. Permitted Renter Lavs. Sinks Sub-St's Rehabilitate Inspected Dates of Hearings Determinations Dates of Notices Permits Issued Follow Up Inspections Violations Corrected Standard Housing Code 1994 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589~5570 SUBJECT: PROPOSED LAND USE AND ) Agenda Number: ZONING AMENDMENT FOR A SEGMENT OF) THE PROPERTY LOCATED AT 10795 U.S. HIGHWAY #1. Approval for Submittal By: City Manager ) Dept. Origin: Community Development ) (BC) ~" Date Submitted: For Agenda Of: Exhibits: 5/2/95 5/10/95 1. Application for Land Use Change 2. Application for Zoning Change 3. Area Map and Survey 4. Planning and Zoning Commission Recommendation of 4/21/95 5. Section 20A-11.6C of LDC 6. Section 20A-11.8C of LDC 7. Policy 1-2.2.2 of the Comprehensive Plan (Goals, Objectives & Policies) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT An application has been submitted by Mr. Carl A. Fischer regarding a portion of his property located at the south corner of U.S. Highway #1 and Old Dixie Highway to change both the land use and zoning designations from COR (Commercial office Residential) to CL (Commercial Limited). Attached is an area map depicting the parcel of land. Property to the north, west, and south are also COR, and property to the east is County RM-6 and County CL. The applicant has provided a recorded warranty deed, certified survey with legal description, names and addresses of the surrounding property owners within 300 feet of the boundary lines, and paid all required fees. This information is on file and~ble Page Two for public review in the Community Development Department. At its regular meeting of April 20, 1995, the Planning and Zoning Commission held a public hearing and reviewed the applications for compliance with Sections 20A-11.6C and 20A-11.8C of the Land Development Code (see attached). Section 20A-11.6C of the Land Development Code outlines the criteria which the Planning and Zoning Commission must consider when determining their recommendation to City Council regarding the change in zoning. Section 20A-11.8C outlines the criteria to be considered for the land use amendment. As you will note, these sections are basically the same and have been reviewed as follows: Consistency with Plan. The proposed changes would be consistent with the Comprehensive Plan. Refer to Policy 1-2.2.2 of the Comprehensive Plan Goals, Objectives and Policies. Conformance with Ordinances. The original legal description for the portion of the property to be re-zoned would have created a non-conforming situation regarding the conditional use criteria of the CL zoning required for the existing restaurant located on the property. The applicant has adjusted the legal description of the parcel to meet Section 20A-6.1C(26)b(1) and b(2) which requires a restaurant to be a minimum of 50 feet from an abutting residential district and the parking to be a minimum of 15 feet from an abutting residential district. Changed Conditions. No particular land use or development conditions have changed. Land Use Compatibility. The existing structure is occupied by a restaurant and the tenant wished to expand beyond the maximum 40% occupancy of building allowed in the COR zoning district. A restaurant is a conditional use in both the COR and CL zoning districts. The proposed changes would not result in any incompatible land use. Adequate Public Facilities. This would have very little effect on the existing and proposed public facilities and services in this area. Page Three Natural Environment. The proposal appears to present no adverse impacts on the natural environment. Economic Effects. The zoning and land use changes should not affect the property values in the area, nor the general welfare or impact the financial resources of the City. 8. Orderl~ Development. The changes would not appear to cause any negative effect on the orderly and local development pattern. Public Interest; Enabling Act. The proposal is not in conflict with the public interest. 10. Other Matters. No other matters were addressed. Having found no areas of concern, the Planning and Zoning Commission recommends that City Council approve the land use and zoning amendments. Pursuant to Section 20A-11.6D and Section 20A-Ii. SD, the City Council should review and consider the petitions. If tentatively approved, Council should then direct the City Attorney to prepare the ordinances and set the public hearing. RECOMMENDED ACTION Review proposed land use and zoning amendments. If City Council tentatively approves the amendments, direct City Attorney to prepare the appropriate ordinances and set the public hearing. APPLICATION FOR AMENDMENT OF LAND USE DESIGNATION CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA TELEP}~ONE: 589-5330 This application must be completed and returned, with all enclosures referred to herein, to the Planning and Zoning Board secretary one week before tile scheduled meetin9, This application will them be referred to the Plannin~ and Zo~inW Board for study and recommendations. DATE RECEIVED :_'~.~ ADDRESS: DATE ACCEPTED: PHONE: ~>.~%-%~%~ PNONE: ADDRESS: EXISTING LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR PETITION? d~ ~ ~ ACRES TO BE REDESIGNATED: Om~ EXiSTJ N(; USE: I'ROPOSED USE: (,$._~...~,- ~L. TIlE F'OLLOWiNG ATTACiIMENT SIIALL ACCOMPANY TNE APPLICATION: 1)__ If the property in question is not owned by the applicant, a notarized Affidavid of Ownership must accompany tile application giving the consent of each owner to the applicant to apply for a land use change. 2) X A copy of tile owner's deed must accompany each copy of this application. 4) )~ A certified survey of the area, if not platted. The legal description of the parcel(s) proposed to be changed. A drawing or map showing the zoning classifications of all parcels of adjacent land within 300 feet of the subject property. (2) Names and addresses of surrounding property owners ,, will]in 300 ft of the boundary lines. A check, money order or cash in the amount .of $ made payable to the City of Sebastian. less than 5 acres 5 - 100 acres more than 100 acres FEE SCIIEDULE $225.00 8500.00 $750.00 The undersigned understands that this application must be complete and accurate before consideration by the Planning and Zoning Board of tile City of Sebastian. STATE OF COUNT Z, ~~ ~. ~ ~~ ,BEING FIRST DULY SWORN, DEPOSE AND SAY TIIAT:~~ I AM TIlE OWNER AM TIlE LEGAL RESPRESENTATIVE OF TIlE OWNER OF TIlE PROPERTY DESCRIBED WllICH iS TIlE SUBJECT MATTER OF TIlIS APPLICATION, TIIAT ALL TIIE ANSWERS ']'O TIlE QUESTIONSJiN SAiD APPLICATION AND ALL SKETCIIES AND DATA AND MATT'ER ~TT~I{ED TO AND MADE A PART' OF SAID APPLICATION ARE IlONEST A~ ~'i'~UE TO TIlE BEST OF MY SWORN TO AND SUBSCRIBED BEFORE ME, TttIS _~- __DAY OF NOTARY: ~ '-~-'"~'"~ Ii .,~<~:.'~,, eERALDINE F~PANOE~ KuBE~ 11[;; ~ t~[ MY COMMi~ION, CC 416678 ALL APPLICANTS ARE ENCOURAGED CONFERENCE TIIROUGll TIlE PLANNING AND ZONING STAFF SECRETARY PRIOR TO TIlE APPLICATION TO RESOLVE OR AVOID PROBLEMS CONNECTED WITlt THE PROPOSAL. APPLICATION FOR ZONING ~ANGE CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT TELEPHONE~ 589-5330 This application must.be completed and returned, with ali enclosures referred to herein, to the Planning and Zoning Board S~cretary one week before the scheduled meeting. This application will then be referred the Planning and Zoning Board for study and recommendations. APPLICANT: Car] A. Fischer ADDRESS~ 10741 US-lt, Sebastian, FL 32958 OWNER, Same as, ApPlicant P}[ONE, 589-8088 PIIONE: ADDRESS: I i i i I I EXISTING ZONING~ Cmmmmric~l mr R~id~nti~EQUESTED ZONING~]Snmmp~c~] l imlfmH ...... LAND USE CLASSIFICATION~ ACRES TO BE REZONED: 1 acre +/'I EXISTING USE: C0mme~ical 0ffic~ and R~tur~t PROPOSED USE~ Rm~f]~r~nf, , REASON FOR PETITION? for this use. C0R does not allow Resturants to use more than~40% of 1st flo(I ARE ANY STRUCTURES NOW LOCATED ON THE PROPERTY? Yes Tile FOLLOWING ATTACHMENTS SHALL ACCOMPANY THE APPLICATION~ 1) 2) X If ti~e property in question is not owned by the applicant, a notarized Affidavit of Ownership must accompany the applicatio4 giving, the consent of each owner to the applicant to apply for a land use chan~e. copy of the owner's deed must accompany each copy Of I A this applica__~t~on. ' 3) X A certified survey of the area, if not platted. X The legal description of the parcel(s) proposed to be rezoned. A drawing or map showing the zoning classificat~ons of all parcels of adjacent land within 300 feet of the' subject property. 5) x , I (2) 6) X 7) X Names ~nd addresses of surrounding property owners within 300 ft of tire boundary lines. A check, money order or cash in the amount of made payable to the City of Sebastian. FEE SCilEDULE less than 5 acres 5 - 100 acres more than 100 acres $225.00 $500.00 $750.O0 The undersfgned understands that this application must be complete and accurate before consideration by the Planning and Zoning Board of the City of Sebastian. STATE O F Flori da COUNTY OF Indian River I, Carl 'A. Fischer , BEING FIRST DULY SWORN~ DEPOSE AND SAY TtlAT, XXX I AM TIlE OWNER I AM TIlE LEGAL RESPRESENTATiVE OF TIlE OWNER OF TIlE PROPERTY DESCRIBED WIIICII IS TIlE SUBJECT MATTER OF TIIIS APPLICATION, T,~AT ALL TIlE ANSWERS TO TIlE QUESTIONS IN SAID APPLICATION AND ALL SKETCllES AN.D. DATA AND M~TTER ~TTAdlIED TO AND MADE A PART' OF SAID APPLICAFION ARE IIONEST AN~ TI~E TO TIlE BEST OF MY.' KNOWLEDGE AND BELIEF. ~//' /~ SIG~TJU~E Carl A. ~'isIche~ ' SWORN TO AND SUBSCRIBED BEFORE ME, Tills /~ DAY ~.',. ........ SHERY~ANNE FOY :~..~..~ :: Nmmmber ~, 1998 ALL APPLICANTS ARE ENCOURAGED TO SC}IEDULE A PRE-APPLiCATION CONFERENCE TI[ROUG][ TIlE PLANNING AND ZONING STAFF SECRETARY PRIOR TO T[[E APPLICATION TO RESOLVE OR AVOID PROBLEMS CONNECTED WIT][ THE PROPOSAL. S rtl · .~ 0 I 7 ( 50' RIGHT OF WAY ) OLD ~ LINE ( NOT A BOUNDARY SURVEY ) DIXIE HIGH"O(/AY /,'.,/-, N 76'26'37" E 145.01' ~o.~' \ 0.5§4 +/- ACERS SKETCH OF LEGAL DESCRIPTION C~ ~OINT~ UOK LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE NORTHWEST 114 OF SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY ONE ( A 120 FOOT WIDE RIGHT OF WAY ) AND THE NORTH LINE OF SEBASTIAN HIGHLANDS, UNIT 7, AS RECORDED IN PLAT BOOK 6, PAGE 6 OF THE PUBLIC RECORDS OF iNDIAN RIVER COUNTY, FLORIDA; THENCE N 2S'22' 17" W ALONG SAID WEST RIGHT OF WAY OF U.S. HIGHWAY ONE A DISTANCE OF 5?9.35 FEET TO THE POINT OF BEGINNING; THENCE S 6.'~'37'43" W A DISTANCE OF 65.00 FEET; THENCE N 71'16'00" ~/ A DISTANCE OF 79.88 FEET; THENCE N 31 *S8'31' W A DISTANCE OF 170.22 FEET TO THE SOUTH RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY ( A 50 FOOT WIDE RIGHT OF WAY ): THENCE N 76"26']7" E ALONG SAiD SOUTH RIGHT OF WAY LINE A DISTANCE OF 145.01 FEET TO THE AFORESAID WEST RIGHT OF WAY LINE OF U.S. HIGHWAY ONE: THENCE S 25'22'17" E ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 195.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0,584 ACRES MORE OR LESS. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE BASED ON THE WEST RIGHT OF WAY LINE OF U,S- HIGHWAY ONE AS N 2§'22'I 7' W, ASSUMED DATUM, ABBREVIATIONS: ~-CENTERLINE R/~-RIGHT OF WAY PLS-PROFESSiONAL LAND SURVEYOR DRAWING DATE ~-14-19g,5 REVISED SKETCH 5-14995 ! SCALE I'~D0' I CA,.C. I CERTIFIED TO: CARL FISCHER PREPARED BY: THOMAS RANDALL CECRLE, PROFESSIONAL LAND SURVEYOR 1074§ HIGHWAY U,S,], SUITE A. SEBASTIAN, FLORIDA 32958 PHONE (407) CERTIFIED CORRECT TO THE BEST OF MY KN~?WLEDGE AND BELIEF IN CONFORMITY WFi'N THE MINIMU~ TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF LAND SU~/EYORS, .~URSUANT TO SECTION 472,.027 OF THE I, LORIDA STATUES AND 21HH-6 AND CHAPTER 61G17 FLORIDA ADMIN!STRATIVE CODE, THIS SURVEY IS PREPARED AND CERTIFIED FOR THE EXCLUSIVE USE OF THE CLIENT OR CLIENTS NAMED HEREON, THiS SURVEY IS NOT VALID WITHOUT THE EMBOSSED SURVEYQI~S-.SI~L OF THEJJI~RSIGNED~ THOMAS RANDALL CEC LI~,, ~.~T 4~- J SHEFT,OFI j PRO.IFCTNLIMBFRgS-2g ....... City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: April 21, 1995 Mayor, City Council Dorri Bosworth, Secretar~~ Planning and Zoning Commission Proposed Zoning and Land Use Change At its regular meeting of April 20, 1995, the Planning and Zoning Commission passed a motion to recommend to the City Council to approve a request for a Zoning and Land Use change from COR (Commercial Office Residential) to CL ( Commercial Limited) for a piece of property approximately a 1/2 acre in size located at the southwest corner of old Dixie Highway and U.S. Highway #1. The change in zoning and land use would allow for expansion of the existing restaurant, currently able to occupy not more than 40% of the building's 1st floor. The Planning and Zoning Commission reviewed the proposal in accordance with Section 20A-11.6C and Section 20A-11.8C of the Land Development Code and found it met all criteria. Their recommendation includes that the applicant adjust the legal description of the parcel so that the conditional use criteria for restaurants in the proposed CL zoning and land use can be complied with (Section 20A-6.1C(26)b(1) and b(2)). LEGAL BASIS AND GENERAL PROVISIONS § 20A-11.8. Sec. 20A-11.7. Procedures for public hearing. In all matters requiring notice for public hearing before the city council, the city clerk shall send a written notice by regular mail to all property owners within three hundred (300) feet of the outer boundaries of the property subject to the rezoning or comprehen- sive plan amendment described in the application requesting the proposed change. Such notice shall advise all such owners as shown upon the last tax assessment roll of the county, in simple terms, _of the proposed change and the time, date and place of the public hearing. If the proposed amendment relates to more than five (5) percent of the land area of the city, notice shall be by publication only. The notice provisions contained herein regarding notice by mailing are directory only, and failure to mail such notice shall not affect any proposed change or amendment to the zoning or- dinance or comprehensive plan. However, nothing contained herein shall be inconsistent with Florida Statutes governing no- tices. (Ord. No. 0-89-23, § 2, 12-13-89) Sec. 20A-11.8. plan. A. Initiating amendments to the comprehensive plan. ments to the comprehensive plan ~nay be initiated by: Procedures for amending comprehensive Amend- 1. City council. The city council may initiate a comprehensive plan amendment by approving a written statement ex- pressing its intent to amend the comprehensive plan and shall submit such written statement and any relevant sup- porting material to the city planning and zoning commis- sion for review and action pursuant to section 20A-11.8(C) of this chapter. 2. Planning and zoning commission. The city planning and zoning commission may initiate a comprehensive plan amendment. 3. Resident; property owner(s). An amendment to the compre- hensive plan may be initiated by an application signed by a property owner, a resident of the city or the authorized agent of a resident or property owner. Such application shall be submitted to the office of the city clerk, together///~~ ~ Supp. No. 10 769 § 20A-11.8. SEBASTIAN LAND DEVELOPMENT CODE with a fee as shall be determined by resolution of the city council from time to time. As many lots or parcels of prop- erty as the applicant may desire can be included in any single application if they constitute one contiguous parcel. The application shall be submitted on a form prescribed by the city clerk. The application shall include, but not be limited to, the following: a. The applicable section(s) of the comprehensive plan sought to be amended. b. The proposed amendments sought to the comprehen- sive plan. c. The impact the proposed change has on other elements of the comprehensive plan and applicable ordinances of the city. d. If the application relates to an amendment to the land use element, said application shall, in addition to the foregoing, include: (i) Property description. The application shall describe by legal description and by street address, where possible, the property to be affected by the pro- posed change. (ii) Current and proposed comprehensive plan land use map designation. The current and proposed com- prehensive plan land use map designation for the subject property shall be identified. (iii) Current and propsed zoning. The current and pro- posed zoning for the subject property shall be iden- tiffed. (iv) Existing and proposed use. The existing and pro- posed use of the subject property shall be stated, if applicable. (v) Disclosure of ownership. The application shall in- clude a verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for comprehensive plan amendment is sought, except publicly held corporations, in which case the names and addresses of the principal cor- porate officers shall be sufficient. Supp. No. 10 770 LEGAL BASIS AND GENERAL PROVISIONS § 20A.11.8. No application under this section shall be reviewed by staff or any board, commission or the city council until such application is fully completed and submitted with the ap- propriate fee. B. Administrative review. The city clerk shall forward compre- hensive plan amendment applications to all appropriate admin- istrative staff for their review and comment. The application shall be reviewed for conformance with the requirements of this chapter. C. Planning and zoning commission review. The planning and zoning commission, regardless of the source of the proposed com- prehensive plan amendment, shall hold a public hearing thereon, with due public notice. The planning and zoning commission shall submit a written report and recommendation concerning the pro- posed comprehensive plan amendment to the city council for of- ficial action. In its deliberation, the planning and zoning commis- sion shall consider the following criteria: 1. Consistency with other elements of plar~ Whether the pro- posal is consistent with the other elements of the compre- hensive plan. Any inconsistency shall be identified by the commission. 2. Conformance with ordinances. Whether the proposal is in conformance with any applicable substantive requirements of the city of Sebastian Code of Ordinances, particularly the land development code, and/or whether the proposed amendment will require amendments to any ordinances of the city. Changed conditions. Whether, and the extent to whiCh, land ~use and development conditions have changed since the effective date of the existing regulations involved which are relevant to the proposed amendment. 4. Land use compatibility. Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved. 5. Adequate public facilities. Whether, and the extent to which, the proposal would result in public facilities and services exceeding the capacity for such services and facilities ex- Supp. No. 15 771 . ! § 20A-11.8. SEBASTIAN LAND DEVELOPMENT isting or programmed,, including transportation, utilities, drainage, recreation, education, emergency services and similar necessary facilities and services. Natz~ral environment. Whether, and the extent to which, the proposal would result in significantly adverse impacts on the natural environment. Economic effects. Whether, and the extent to which, the proposal would adversely affect the property values in the area, the general health, safety and wellhre and impact the financial resources of the city. Orderly development. Whether the proposal would result in an orderly and local development pattern. Any negative effects on such patterns shall be identified. Public interest enabling act. Whether the proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and intent of this chapter and its enabling legislation. 10. Other matters. Other matters which the planning and zoning commission may deem appropriate. D. Action following reviews by city planning and zoning com- mission. A~er review of the proposed comprehensive plan amend- ment, and the revision relating to thereto, the city clerk shall place the proposed amendment, with comments from the plan- ning and zoning commission, on the next available meeting agenda for city council review and possible direction from city council to the city attorney for preparation of an ordinance. The applicant shall be advised of the time and place of the city council meeting. After an ordinance has been prepared by the city attorney, the city clerk shall schedule the first reading of the ordinance re- garding the proposed comprehensive plan amendment on the next regularly scheduled council meeting. The first reading shall be a public hearing, at which time the city council will consider ap- proval of the ordinance and whether to submit the proposed amendment to the Department of Community Affairs, State of !lorida (DCA) for review and comments. Notice of the first public earing shall be as required by general or special law. Supp. No. 15 772 LEGAL BASIS AND GENERAL PROVISIONS § 20A-11.6. Conditions under which various classes of nonconformities may continue, including authority to set fair and reason- able schedules for the elimination of nonconforming uses; 7. Use and types and sizes of structures in those areas subject to seasonal or periodic flooding, so that danger to life and property in such areas will be minimized; and 8. Performance standards for use of property and location of structures thereon. 'All such regulations shall be uniform throughout each district, but the regulations in one district may differ from those in other districts. For each district designated, regulations may specify those uses that shall be excluded or subjected to reasonable re- quirements of a special nature. Uses permitted in one district may be prohibited in other districts, to the end that incompatibil- ity of uses is minimized or eliminated. Regulations and district boundaries shall protect, promote, and improve public health, safety, comfort, order, appearance, convenience, morals, and gen- eral welfare and shall be made with reasonable consideration, among other things, to the character of the districts and their special suitability for particular uses and with a view to conserv- ing property values and encouraging the most appropriate use of land throughout the city. Sec. 20A-11.6. Procedures for adopting, supplementing or amending the zoning ordinance. A. Initiating amendments to the zoning code. Amendments to the zoning ordinance may be initiated by: 1. City council. The city council may initiate a zoning ordi~ nance amendment by approving a written statement ex- pressing its intent to amend this zoning ordinance and shall submit such written statement and any relevant sup- portive material to the city planning and zoning commis~ sion for review and action pursuant to section 20A-11.6(C) of this chapter. 2. Planning and zoning commission. The city planning and zoning commission may initiate a zoning ordinance amend- ment. 765 ~ § 20A41.6. SEBASTIAN LAND DEVELOPMENT CODE Property owner(s). An amendment to the zoning ordinance may be initiated by a petition signed by a Property owner, or the property owner's authorized agent. Such petition shall be submitted to the office of the city clerk together with a fee as shall be determi~ed by resolution of the city council. As may lots or parcels of property as the applicant may desire may be included in any single petition if they constitute one contiguous [parcel]. The petition shall be submitted on an application form prescribed by the city clerk. The application shall include, but not be limited to, ~he following: (a) Property descriptio,~ The application shall describe by legal description and by street address, where possi- ble, the property to be affected by the proposed change. (b) Current and proposed comprehensive plan land use map designatior~ The current and proposed compre- hensive plan land use map designation for the subject property shall be identified. (c) Current and proposed zoning. The current and pro- posed zoning for the subject property shall be identified. (d) Existing and proposed use. The existing and proposed use of the subject property shall be stated. (e) Disclosure of ownership. The application shall include a verified statement showing each and every individ- ual person having a legal and/or equitable ownership interest in the property upon which the application for rezoning is sought, except publicly held corporations, in which case the names and addresses of the corpo- rate officers shall be sufficient. B. Administrative review. The city clerk shall forward zoning change petitions, for which appropriate fees have been submit- ted, to all appropriate administrative staff for their review and comment. The application shall be reviewed for conformance with the requirements of this chapter. C.. Planning and zoning commission review. The planning and zoning commission, regardless of the source of the proposed zone change petition, shall hold a public hearing(s) thereon, with due public notice. The planning and zoning commission shall submit 766 LEGAL BASIS AND GENERAL PROVISIONS § 20A-11.6. a written report and recommendation concerning the proposed change of zoning to the city council for official action. If the planning and zoning commission denies the requested zone change or amendment, this action shall be deemed final unless such action is appealed to the city council pursuant to subsection 20A-11.3(C)(4). In its deliberations the planning and zoning com- mission shall consider the following criteria: 1. Consistency with plan. Whether the proposal is consistent with the comprehensive plan. Any inconsistencies shall be identified by the commission. 2. Conformance with ordinances. Whether the proposal is in conformance with any applicable substantive require~nents of the City of Sebastian Code of Ordinances. 3. Changed conditions. Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations involved which are relevant to the amendment. 4. Land use compatibility. Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved. 5. Adequate public facilities. Whether, and the extent to which, the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency ser- vices, and similar necessary facilities and services. 6. Natural environment. Whether, and to the extent to which, the proposal would result in significantly adverse impacts on the natural environment. 7. Economic effects. Whether, and the extent to which, the proposal would adversely affect the property values in the area, or the general welfare. 8. Orderly development. Whether the proposal would result in an orderly and local development pattern. Any negative effects on such pattern shall be identified. 9. Public interest; enabling act. Whether the proposal would be in conflict with the public interest, and whether it is in 767 § 20A-11.6. SEBASTIAN LAND DEVELOPMENT CODE harmony with the purpose and interest of this ordinance and its enabling legislation. 10. Other matters. Other matters which the plann, ing and zon- ing commission may deem appropriate. D. Action following reviews by city planning and zoning com- mission. If an appeal to a decision of the planning and zoning commission is filed, the city clerk shall transmit copies of the petition, the comments and the minutes of the planning and zoning commission meeting to each member of the city council at least seven (7) days before the council shall consider the appeal. The city clerk shall notify the applicant of the time and place of the meeting at which the council will hear the appeal. Should the council tentatively approve the petition, the city council will proceed to hold a public hearing(s) on the petition. Should the planning and zoning commission approve the peti- tion, the city clerk shall transmit copies of the petition, all com- ments and the minutes of the planning and zoning commission meeting to each member of the council at least seven (7) days before the council shall consider the petition. Should the council tentatively approve the petition, public hearing(s) shall be held on the petition. E. City council review. The city council shall hold a public hearing on the requested zone change petition or amendment, with due public notice, if any change is to be considered and shall then act on the proposed change. An affirmative vote of three (3) members of the city council is required for favorable action on a zone change petition or amendment for which the planning and zoning commission has recommended denial. In its deliberations the city council shall consider the criteria identified in section 20A-11.6(C) above together with the findings and .recommenda- tions of the planning and zoning commission. Any modifications or revisions to the planning and zoning commission's recommen- dation which involve a greater area of land to be rezoned or a more intensive zoning classification shall be the subject of an additional public hearing before the city council with due notice to action by the city council. 768 anticipated future residential uses and office developments. Design techniques such as landscaping, screening and buffering, as described above, shall be applied to assure smooth transition in residential structure types and densities. Generally, where singly family structures comprise the dominant structure type within these areas, new development on undeveloped abutting lands shall be required to include compatible structure types on the lands immediately adjacent to existing single family development. Policy 1-2.2.2: Limited Commercial DeVelopment. Limited commercial development is allocated to commercial sites accessible to major thoroughfares near residential neighborhoods. The maximum intensity of limited commercial development measured irt average weekday vehicle trip ends per 24 hour period is 140/1,000 sq. ft. of gross floor area. Sites within this designation are intended to accommodate shops with limited inventory or goods as well as transient lodging facilities meeting performance standards of the Comprehensive Plan and the zoning code. This designation is not intended to accommodate residential development. However, duly approved residential uses existing at the effective date of the Comprehensive Plan shall be deemed permitted uses. Limited Commercial activities shall include shops catering to the following markets: Neighborhood residential markets within the immediate vicinity as opposed to county-wide or regional markets; Specialized markets with customized market demands; or Tourist oriented markets in the immediate vicinity. Commercial development within the limited commercial district shall generally be restricted to any uses permitted in the commercial office district as well as the following uses: Neighborhood convenience stores; Small limited item shops and stores restricted to retail sales of convenience items and services including barber, beauty care, and other personal services; Small scale drug stores, laundry and dry cleaning pick-up stations; Specialty shops; and Motels or other living accommodations for transient residents generally residing on a seasonal basis. Areas designated for limited commercial development are not intended to accommodate large scale retail sales, service, and trade activities, generally serving a county-wide or regional market. Such stores usually differ from limited commercial shops since the former usually require a larger floor area, carry a relatively larger inventory, and require a substantially greater parki~ area. ~oL,~ ,,~o ~,~oo.~,~,. ,,~:.,,_~,,,~ c~,,~,.*~,,,~s 1-23 1~ are not intended to be accommodated ~wi.'thin the limited commercial area include the following: large scale discount stores, health spas, supermarkets; department stores; full service hardware stores; wholesale and warehousing activities;, general appliance shops; printing shops; sales, service or repair of motor vehicles, machine equipment or accessory parts, including tire and battery shops; gas and automotive service centers; commercial amusements; fast food establishments primarily serving in disposable containers and/or providing drive-in facilities, and other similar services to be exp.ressly defined in the zoning ordinance. Policy 1-2 2 3. General Commercial Deve]ooment (CG] The eneral commercial CG) , T: ,,,,.. ... _. . _,. g ( areas are designated on the Future Land Use Map for purposes of accommodating general retail sales and services; highway oriented sales and services; and other general commercial activities defined in the land develo ment regulations The eneral commercial land use designation is intended to include the hub of retail sales and services within the downtown business district as well as within the outer environs of the downtown business district. General commercial designations also are located in highly accessible areas adjacent to major thoroughfares which possess necessary location, site, and market requirements. Zoning policy shall stipulate provisions regulating specific land uses. The maximum intensity of general commercial development measured in average weekday vehicle trip ends per 24 hour period is 140/1,000 sq. ft. of gross floor area. area not intended to accommodate manufacturing, processing, or assembly of This is goods, sales and service of heavy commercial vehicle and equipment, or related services or maintenance activities; warehousing; uses requiring extensive outside storage; or other activities which, may generate nuisance impacts, including glare, smoke or other air pollutants, noise, vibra- tion or major fire hazards, or other impacts generally associated with more intensive industrial uses. ' The areas designated for general commercial development are specificallY not adaptive to permanent residential housing and such uses shall be located in other areas designated for residential development. On the other hand, transient residential facilities including hotels and motels, timesharing or fractional fee residential complexes, or other transient quarters should be located in areas designated for general commercial use. s Policy 1-2.2.4: C.R. 512 Commercial (C-512~ The general commercial C R 512 corridor i designai'ed on the Fut-~ Land Use Map ~or Purposes of accommodating retail sales and services and other commercial activities and community facilities defined in the land development regulations which are compatible with nearby residential areas. This land use designation expressly excludes vehicular sales and services; bars and lounges; parking garages; enclosed and unenclosed commercial amusements; indoor theaters; merchandising of second-hand goods, including flea markets, wholesale trades and services; industrial uses or outside storage activities, or any other activities which may generate nuisance impacts such as glare, smoke, other air pollutants, noise, vibration, fire hazard, or other adverse impacts associated with more intense commercial and industrial activities. Land development regulations shall stipulate provisions regulating specific land uses. The maximum intensity of commercial development measured in average weekly vehicle trip ends per 24 hour period is 140/1,000 sq. ft. of gross floor area. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: MEDIAN CUT AGENDA NO: US 1/BARBER ST. DEPT. ORIGIN: VICE MAYOR CORUM APPROVED FOR SUBMITTAL: DATE SUBMITTED: ~ MEETING DATE: 5/10/95 EXHIBITS: N/A Expenditure Required: N/A IAmount Budgeted: N/A Appropriation Required: N/A SUMMARy ,,STATEMENT Two years ago I brought up the issue of adding a median cut at U.S. 1 and Barber Street (formerly Stratton Avenue). These past two years the south side of Sebastian has taken a major leap in growth. The situation as it exists now is if you are heading north on U.S. 1 and want to turn west on Barber Street, you cannot. People drive to the next median cut (with no turning lane), turning into the Park Place office which meets Barber Sn'eet. There are times you have two or three cars doing just that. Since there is no turning lane, the cars are actually stopped in the acceleration lane of U.S. 1. At the same time, that same median has cars coming from the north and turning east into Pelican Pointe. With cars heading in different directions in a median cut, neither car can see past the other to see if the way is clear to cross. It would be of great benefit to the safety of this area to suggest that FDOT rectify this area of concern. RECOMM.ENDATI@N Direct Mr. Koford to send a letter to FDOT urging a timely solution to this problem and explaining the scenario. ~