HomeMy WebLinkAboutO-00-12ORDINANCE NO. O-00-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES
CHAPTER 26 TO REGULATE ELEVATIONS OF FILL MATERIAL
AT CONSTRUCTION SITES;. PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABIL1TY; PROVIDING FOR AN
EFFECTIVE DATE.
WltEREAS, problems occur when adjoining parcels of land are developed at different elevations,
and this is becoming a more common occurrence in the City; and
WHEREAS, the City Code establishes minimum floor elevations, but stands silent as to
maximum fill elevations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida is hereby amended
by adding a section to be numbered 26-5, which said section shall read as follows:
Sec. 26-5. Maximum ifil elevations.
(a) The maximum elevation to which fill may be placed upon a
construction site to be served by a septic system shall be one foot above either
the elevation set for the septic tank by the health department, or the applicable
minimum floor elevation pursuant to Section 26-1, above, whichever is greater.
(b) The maximum elevation to which fill may be placed upon a
construction site not served by a septic system shall be one foot above the
applicable minimum floor elevation pursuant to Section 26-1, above.
Section 2.
are hereby repealed.
CONFLICT.
All ordinances or parts of ordinances in conflict herewith
Section 3. SEVERABII,ITY. 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 or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 4. EFFECTIVE DATE.
following its adoption by the City Council.
This Ordinance shall take effect fifteen (15) days
_ The foregoing Ordinance was moved for adoption
~]~~ The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
by Councilmember
I
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this 24th
day of May, 2000.
CITY OF SEBASTIAN, FLORIDA
~'H~l~n, MMC/AAE
City Clerk
Walter Barnes, Mayor
Approved as to form and legality for
reliance by the City of Sebastian only: