HomeMy WebLinkAboutO-88-27ORDINANCE NO. 0-88-27
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING SECTION 20A-5.19, SAND
MINING: SPECIAL USE PERMIT REQUIRED, OF THE LAND
DEVELOPMENT CODE; CREATING A NEW SECTION 20A-5.19,
EXCAVATION AND MINING, PURPOSE: CREATING A NEW SECTION
20A-5.20, DEFINITIONS; CREATING A NEW SECTION 20A-5.21,
PROHIBITED ACTIVITY WITH REGARD TO EXCAVATING OR MINING
REAL PROPERTY; CREATING A NEW SECTION 20A-5.22
PROVIDING EXEMPTIONS FROM PERMITTING REQUIREMENTS
RELATED TO EXCAVATING OR MINING REAL PROPERTY;
RESERVING SECTIONS 20A-5.23 THROUGH 20A-5.28 FOR FUTURE
USE; CREATING A NEW SECTION 20A-5.29, WATER MANAGEMENT
STANDARDS; CREATING A NEW SECTION 20A-5.30,
PROMULGATING MINING PERMIT REGULATIONS; RESERVING
SECTIONS 20A-5.31 THROUGH 20A-5.34 FOR FUTURE USE;
CREATING A NEW SECTION 20A-5.35 REGARDING THE USE OF
PUBLIC AND PRIVATE ROADS IN CONJUNCTION WITH EXCAVATING
OR MINING OF REAL PROPERTY; CREATING A NEW SECTION 20A-
5.36, PROMULGATING STANDARDS FOR THE DURATION AND
COMPLETION OF PERMITS; CREATING A NEW SECTION 20A-5.37,
PROVIDING A PROCEDURE FOR INSPECTION AND REVOCATION OF
PERMITS; RESERVING SECTIONS 20A-5.38 THROUGH 20A-5.42
FOR FUTURE USE: CREATING A NEW SECTION 20A-5.43,
PROVIDING FOR MINING PERMIT FEES; CREATING A NEW
SECTION 20A-5.44, PROVIDING A PROCEDURE FOR APPEALS;
CREATING A NEW SECTION 20A-5.45, ESTABLISHING
VIOLATIONS AND PENALTIES; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABiLITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 163.3167, Florida Statutes (1987) provides
that a city shall have the power and responsibility to plan for
its future development and growth; to adopt and amend
comprehensive plans, or elements or portions thereof, to guide
their future development and growth; to implement, adopt or amend
comprehensive plans by the adoption of appropriate land
development regulations or elements thereof; and to establish,
support and maintain administrative instruments and procedures to
carry out the provisions and purposes of the Local Government
Comprehensive Planning and Land Development Regulations Act; and
WHEREAS, Section 163.3201, Florida Statutes (1987), provides
that adopted comprehensive plans or elements thereof shall be
implemented, in part, by the adoption and enforcement of
appropriate local regulations on the development of lands and
waters within an area; and
WHEREAS, the City of Sebastian has adopted a Comprehensive
Plan which includes provisions for preservation of native plant
communities, maintenance and improvements of water quality in the
City's lakes, rivers and wetlands, and protection of ground water
from negative development impacts; and
WHEREAS, Section 163.3171, Florida Statutes (1987), provides
that a municipality shall exercise authority under the Local
Government Comprehensive Planning and Land Development Regulation
Act for the total area under its jurisdiction; and
WHEREAS, the City Council of the City of Sebastian, Florida,
has determined that it is in the best interests of the citizens
of the City to amend its existing sand mining regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 20A-5.19, Sand Mininq; special use
permit required, of the Land Development Code of the City of
Sebastian, Florida, IS HEREBY REPEALED.
SECTION 2. That the Land Development Code of the City of
Sebastian, Florida, is hereby amended by adding new Sections 20A-
5.19 through 20A-5.45, which said Sections shall read as follows:
"EXCAVATION AND MINING
SECTION 20A-5.19. PURPOSE.
The City finds that is is necessary to regulate excavation
activities, including mining, in order to prevent public
nuisances, safety hazards, and damage to private and public
property in the excavation and mining of land. Further, such
regulations are necessary in order to protect the environment,
including the quality and quantity of ground and surface waters.
SECTION 20A-5.20. DEFINITIONS.
(a) Atlantic Coastal Sand Ridge. A prehistoric geologic
formation located parallel and proximate to United States Highway
No. 1 in Indian River County. For the purposes of this Section,
the Sand Ridge shall be characterized by having a combination of
the following attributes:
(1) The substrate is predominately excessively drained
deep sandy soils or associated moderately well drained
soils, which include, but is not limited to: Paola, St.
Lucie, Astatula, Archbold, Pomello, Orsino, and Jonathan
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from
intersects with the existing ground elevation or crest of
whichever is of higher elevation.
(c) Control elevation. That height above sea
soil series (as verified by the Soil Conservation Service);
(2) The land supports predominately sand pine (Pinus
clausa) and associated scrub vegetation; and/or
(3) The natural topographic elevation is equal to or
greater than 25 feet mean sea level (MSL).
(b) Banktop.
the water
The point where the upward slope of the land
surface, or the bottom of a dry excavation,
berm,
level
established for a surface water management system and its control
structures by the St. Johns River Water Management District
through the analysis of engineering criteria for such systems and
flood routing calculations, or as determined by the City Engineer
where St. Johns River Water Management District permits are not
required.
(d) Excavation. The removal of any rock, gravel, soil,
shellrock or mineral from the ground where such removal is
incidental to any City development order or permit, including
approved site plans, subdivision plats, final development plans
and/or building permits. Where excavation is associated with
construction of a single family residence, and such excavation is
not authorized through any City development order or subdivision
plat, all excavated materials in excess of one thousand (1,000)
cubic yards shall remain on site.
(e) Extended Littoral Zo___n~ Shelf. The most landward extent
of the Littoral Zone, located between control elevation and one
(1) vertical foot above control elevation. This segment of
Littoral Zone receives intermittent inundation and is the area
where trees are to be planted in association with implementation
of water management standards as contained herein.
(f) Fill. The placement of any sand, rock, gravel, soil,
shellrock or mineral on the ground.
(g) Mine Abandonment. The cessation of mining
including, but not limited to, excavation,
activities
dewatering,
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stockpiling, and removal of material off-site for a period of
more than one (1) year as reflected in the annual mining report.
(h) Mining. The excavation of more than five thousand
(5,000) cubic yards of sand, rock, gravel, soil, shellrock or
minerals from any pro3ect site in any calendar year, where the
excavated material is hauled from that project site to another
location across any public or private road, except for those
private roads solely within the applicant's property.
(i) Low water elevation. The normal water table for
January to March as determined by the City Engineer.
(j) Project site. That portion of the real property which
is being excavated or mined together with all property within one
hundred (100) feet of the perimeter of the excavation or mining
activity.
(k)
reservoir,
Water .body. Any natural or artificial pond, lake,
or similar area which ordinarily contains water and
which has a discernible shore line.
(1) Wetlands. Wetlands shall be defined as set forth in
Section 20A-lO.2G of the Land Development Code.
(m) Type "A" Screening. An opaque screen is intended to
completely exclude all visual contact between uses. The type "A"
screen shall be completely opaque from the ground up to a height
of at least six (6) feet, with large trees utilized as
intermittent visual obstructions from the opaque portion to a
mature height of at least twenty (20) feet. The opaque screen
may be composed of a wall, fence, landscaped earth berm, planted
vegetation, or existing vegetation, or any combination thereof
which contains a completely opaque screen of at least six (6)
feet in height. Compliance of planted vegetation screens or
natural vegetation will be judged on the basis of the average
height and density of foliage of the subject species at the time
of planting, or field observation of existing vegetation. The
six-foot opaque portion of the screen must be opaque in all
seasons of the year.
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SECTION 20A-5.21. PROHIBITED ACTIVITY.
It shall be illegal for any person, association, corporation or
other entity to excavate or mine any real property in the City,
without first obtaining a permit for such activity, except as
exempted in
person, association,
permitted activity
forth in such permit.
Section 20A-5.22. It shall be illegal for any
corporation or other entity to engage in
in a manner contrary to the conditions set
SECTION 20A-5.22. EXEMPTIONS
Except as may be permitted by Section 20A-5.17
of this Land
Development Code, the following activities shall be exempted from
the permitting requirements of this Land Development Code:
(a) Earthmoving in conjunction with the installation
of a utility, wherein the excavation is to be backfilled.
(b) Construction of state, federal, or local public
roads and public works within the limits of public property.
(c) Graves.
(d) Any activity regulated by the Florida Electrical
Power Plant Siting Act, codified as Sections 403.501 through
403.517, Florida Statutes (1987), and the Transmission Line
Siting Act, codified as Section 403.52 through 403.536
Florida Statutes (1987) to the extent that the provisions of
this code are pre-empted by said Acts.
(e) Maintenance activities undertaken by a public
utility, as defined in Section 366.02, Florida Statutes
(1987), with regard to existing electrical power plants,
reservoirs and other related activities.
(f) Any excavation incidental to any authorized City
development order or permit, including approved site plans,
subdivision plats, final development plans and/or building
permits, whereby no more than five thousand (5,000) cubic
yards of excavated materials are removed from the premises.
(g) Maintenance dredging of lakes or canals. However,
this paragraph shall not be construed to exempt excavation
activities resulting in the creation of a water body.
(h) Incidental filling activity on developed single
family residential property such as the placement of topsoil
for a garden, and marl, gravel, shell, or other similar
material for a driveway, that will not include more than
fifty (50) cubic yards in any one calendar year.
(i) A pond on a single-family residential lot,
provided that:
1.
The pond is no greater than 1/2 acre in size
or 20% of the lot, whichever is more restrictive;
2. No excavation takes place within fifty
feet of the lot property line;
3.
wetland;
4. Average water depth in the pond
exceed twelve (12) feet;
5. Side slopes are not greater than
foot vertical to four (4) feet horizontal;
6. There shall be no hauling of
material from the property; and
7. A pond permit is obtained from
Building Department~
(50)
The excavation does not disturb any existing
does not
one (1)
excavated
the City
(a)
creation
following
20A-5.22.
(b)
created
SECTIONS 20A-5.23 THROUGH 20A-5.28 ARE RESERVED.
SECTION 20A-5.29. WATER MANAGEMENT STANDARDS
Any excavation or mining activity which results in
or expansion of a water body shall be subject
standards, except as specifically exempted in
the
to the
Section
A littoral zone shall be established as part of any
water body. A design and management plan must be
submitted which shall:
(1) Include a topographical map of the zone showing the
control elevation contour and the minus two and one-half (-2
1/2) feet control water elevation contour, and include a
cross-sectional view of the littoral zone planting design,
showing the required slopes from the top of the bank to a
depth of two and one-half (2 1/2) feet below the control
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water elevation.
(2) Specify how
includinU the extent,
planting provided;
vegetation is to
method, type and
be established,
timing of any
(3) Provide a description of any water management
procedures to be followed in order to ensure the continued
viability and health of littoral zone; and
(4) Include a plan view which documents the location
and quantity of the littoral zone.
(c) The established littoral zone shall consist of native
vegetation, and shall be maintained permanently as part of the
water body. All landscaping, littoral zone vegetation plans and
lake management plans shall comply with the St. Johns River Water
Management District rules and shall be subject to approval by the
City Building Official.
(d) Within extended littoral zone shelves (at the landward
base of the littoral zone side slopes), the applicant is required
to provide a minimum of one (1) tree for every five hundred (500)
square feet of littoral zone coverage. The proposed fees must
be, of a minimum size consistent with Florida Division of
Forestry seedlings and consist of native, fresh water wetland
varieties such as red bay, red maple, bald cypress, etc.
(e) The slopes of the water body areas from the top of bank
to the littoral zone area shall not exceed one (1) foot vertical
to three (3) feet horizontal. Littoral zones and extended
littoral zone shelves shall be located within an area bounded by
a landward limit of one (1) foot above the control water
elevation and a waterward limit of two and one-half (2 1/2) feet
below the control water elevation. The amount or area of
littoral zone shall be computed at a rate of fifteen (15) square
feet of littoral zone (below control elevation) per linear foot
of shoreline. The littoral zone slope shall not be steeper than
an average slope of one (1) foot vertical to six (6) feet
horizontal, and the littoral zone need not be established in a
continuous band around the water body. Although no minimum slope
below the littoral zone is required, the slope below the littoral
7
zone shall be constructed so that natural soil movement will not
reduce the littoral zone area.
(f) There will be no significant adverse off-site impact on
ground water quality or ground water levels. In the event of
dewatering associated with excavations, including mining, the
applicant shall present evidence that no salt-water intrusion
and/or reduction in quality or quantity of well water available
to properties within one-quarter (1/4) mile of the permitted
activity will occur.
(g) The water management system, including swales, inter-
connected wetlands, and lakes, must be specifically designed to
inhibit siltation and the eutrophication processes. To insure
this, the applicant must submit an environmental management
lake monitoring plan, which meets with the approval of the
Building Official, specifying
system and corrective action
siltation occur.
the method for monitoring
should eutrophication and/or
and
City
the
(h) A twenty (20) foot wide access maintenance
shall be provided for every one thousand (1,000)
shoreline. This easement shall extend from below
elevation of the lake to a public or private road right-of-way.
SECTION 20A-5.30. MINING PERMIT REGULATIONS
(a) Applicability. A City mining permit shall be required
for any mining activity except as specifically exempted in
Section 20A-5.22. Any request for a mining permit shall be
considered to be an application for a special use permit, and the
procedure set forth in Section 20A-2.6 of this Land Development
Code shall be followed.
(b) Application procedures. Mining permit applications
shall be made in the Building Department in accordance with site
plan submittal requirements set forth in Article X, Site Plan
Review. The site plan application must demonstrate conformance
with all City codes, and include the following specific submittal
A mining plan, including:
(i) Plan review and cross-sections
requirements:
(1)
areas;
easement
feet of
control
of mining
8
(ii) Amount of fill to be removed, expressed in
cubic yards;
(iii) Time table of mining activity;
(iv) Method of mining;
(v) Hours of operation; and
(vi) Safety and security plan.
(2) A restoration plan, including:
(i) A description of the eventual future use of
the site;
(ii) Final grades of the site.
(c) Conditions of the mini~ permit
(1) The maximum project-site development phase for
mining activities shall not exceed twenty (20) acres.
(2) No mining shall occur within one hundred and fifty
(150) feet of a projected right-of-way line of any existing
or proposed public road, nor within one hundred and fifty
(150) feet of the outer perimeter of the project site.
Where a mining operation consists only of the removal of a
mound and does not consist of lowering the elevation of
ground below the neighboring property, an exception to the
one hundred and fifty (150) feet setback may be permitted at
the time of site plan approval.
(3) Any mining activity that results in the creation
or expansion of a water body shall be subject to the
provisions of Section 20A-5.29. Projects creating water
bodies must also provide a safety and security plan for the
mining operation phase, including, but not limited to,
fences, access, control, and other security provisions.
(4) If the project site is of a size that falls below
Saint John's River Water Management District permitting
thresholds and is located (in whole or part) on the Atlantic
Coastal Sand Ridge, no excavation governed by a mining
permit shall result in an average elevation of less than
twenty-five (25) feet mean sea level (MSL) for that portion
of the project site located on the Sand Ridge. Mining
project sites that are large enough to fall within Saint
9
J6hns River Water Management District (SJRWMD) permitting
requirements shall conform to SJRWMD permitting requirements
concerning depth of mining and all other applicable SJRWMD
permitting requirements.
(5) If the pro3ect site is ad3acent to a residentially
zoned area, the perimeter of the site abutting such an area
shall include a fifty (50) foot wide buffer yard and Type
"A" screening along said site boundary.
(6) No crusher, mixing plant, bin, tank, or structure
directly involved in the production process shall be located
less than six hundred (600) feet from any ad3acent
residentially zoned property, and two hundred fifty (250)
other ad3acent non-residentially zoned
feet from all
property.
(7) Hard
rock mining activities shall insure that
measures are taken to control dust.
(8) The City Planning and Zoning Commission shall,
upon favorable review of the mining site plan, forward its
recommendations to the City Council. The City Council may,
after a public hearing, order issuance of an operating
permit to the owner of the land under his signature if all
conditions precedent are met, and such permit shall be
issued by the Building Department within ten (10) days after
the determination of compliance by the City Council.
(9) Provisions for continuing operation. Nothing
herein shall be construed as a requirement that an operator
of an existing sand mine shall cease operations until a
mining site plan has been approved, provided a mining site
plan has been previously approved and maintained.
(d) Operating Conditions of Minin~
(1) Applicants operating in a nonresidentially zoned
district, where the project does not abut a residentially
zoned district, shall not be limited to specific hours of
operation unless a determination is made by the City Council
concerning the need of limiting hours of operation due to
the anticipated impact of the mining operation on
surrounding properties.
10
(2) Applicants operating in a residentially zoned
district or in any district which abuts a
zoned district shall be permitted to operate
hours of 7:00 a.m. to 5:00 p.m. on weekdays;
Saturday and Sunday, and/or operations other
residentially
between the
operation on
than between
7:00 a.m. to 5:00 p.m. may be permitted by the City
if the impact of the
properties will not
neighborhood.
(3) Permanent project boundary corners,
intermediate stakes at a minimum interval of three
(300) feet, and all limits of excavation shall be
marked and maintained with visible flags in the field,
accordance with approved plans for the permits.
(4) Annual progress report. The applicant holding a
valid mining permit shall file, on or before October 1 of
each year, a written report with the City Building
Department identifying the lands mined and reclaimed for the
preceding calendar year and identifying lands expected to be
mined and lands planned for reclamation during the current
year. The report shall also verify compliance with all
conditions of other permitting authorities and shall note
the expiration dates for all permits. Failure to file the
required annual progress report shall be grounds for
suspension of the operating permit; however, an extension of
time for filing may be granted by the Planning and Zoning
Commission upon written request and for reasonable cause,
after hearing.
(5) The land surface shall be restored to a condition
which is in complete compliance with the site plan for
reclamation and rehabilitation of the area. Mining shall
not be carried on within one hundred fifty (150) feet of the
projected right-of-way line of any existing or proposed
public road nor within one hundred fifty (150) feet of the
outer perimeter of the land area. Where a mining operation
consists only of the removal of a mound and does not consist
Council
mining operation on surrounding
constitute a nuisance to the
with
hundred
staked,
in
11
of 16wering, the elevation of ground below the neighboring
property, an exception to the one hundred fifty (150) foot
outer perimeter setback may be permitted at the time of the
site plan approval. All slopes and banks shall be sloped at
a ratio not steeper than three (3) feet horizontal to one
(1) foot vertical, and graded, grassed, and stabilized.
(e) Requirement of bonds and forfeiture.
(1) Intent. Compliance and restoration bonds shall be
posted to insure that the site is developed, operated, and
restored in conformance with the approved mining site plan.
The compliance bond can be assessed as a penalty only to
violations of site plan approval that are chargeable to the
mining permit holder, and those under his supervision,
direction, or control. The restoration bond is to provide
funds to restore the site.
(2) Amount. The compliance bond shall be posted in
the amount of one thousand dollars ($1,000.00) per acre of
project site with a minimum of five thousand dollars
($5,000.00). The restoration bond shall be posted in the
amount of one thousand dollars ($1,000.00) per acre of
excavation with a minimum of five thousand dollars
($5,000.00).
(3) Phasing. When one phase of twenty (20) acres or
less is completed and in conformance with the submitted site
plan for reclamation and rehabilitation, and in conformance
with this Code, the compliance and restoration bonds may be
transferred to the next phase under the approved site plan.
More than one (1) phase at a time may be mined concurrently;
however, each phase shall be fully bonded, as required by
this Code.
(4) Renewal. Within thirty (30) days preceding bond
expiration, a bond renewal or new bond, in form and amount
approved by the City Manager and City Attorney, shall be
filed in the City Building Department. This process shall
be continued through the completion of each mining
operation.
12
the
plan
(5) Forfeiture. Upon a finding of non-compliance with
provisions of this Code or the approved mining site
or reclamation site plan, or failure to renew bonds
and/or
notice
5.44.
within thirty (30) days of expiration, the Building Official
shall notify the permit holder in writing of the non-
compliance and the pending forfeiture of the compliance
restoration bond. This notice shall also include
of the appeal process as set forth in Section 20A-
(i)
violating
including,
discharge
The compliance bond shall be forfeited for
the conditions of site plan approval
but not limited to, unapproved off-site
of water, failure to confine hauling to
approved hauling routes, operating in violation of the
safety, and/or security plan, excavating within
required set-backs, mining of additional phases prior
to restoration of the previous phase, and activity not
consistent with permits issued by the City and other
jurisdictional agencies. Upon appeal by the applicant,
the City Council may, upon determining findings of
fact, conclude that the violation did not occur or was
insignificant and may return all or part of the
compliance bond.
(ii) The restoration bond shall be forfeited for
violating the conditions of the restoration plan
including, but not limited to, mine abandonment prior
to restoration, restoration not completed within the
approved time frame, restoration not consistent with
water management standards, and restoration activities
not consistent with permits issued by the City and
other jurisdictional agencies. After a hearing by the
City Council, and the determination of findings of
fact, the City may use the funds to restore the site in
accordance with the approved site plan. Any funds
remaining after the completion of the work shall be
returned to the bond holder.
13
SECTIONS 20A-5.31 THROUGH 20A-5.34 ARE RESERVED.
SECTION 20A-5.35. USE OF PUBLIC AND PRIVATE ROADS.
Any mining permit issued pursuant to this Code shall be subject
to the following provisions:
(a) the applicant shall ensure that neither public nor
private properties will be damaged by the hauling of mine
materials and that hazardous traffic conditions will not be
created. All such applications shall identify and authorize the
fill hauling route. If private roads or easements are intended
to be used, written permission shall be submitted from the
person or persons owning said road or easement as part of the
application materials. No load limit shall be exceeded along the
hauling route.
(b) Where deemed necessary by the City Engineer, mats,
culverts, ramps, or paved drives shall be placed at entrances
and/or exits of haul sites in such positions that pavement edges,
shoulders, curbs, and sidewalks will be protected from damage.
(c) Where damage occurs at the access point to a City,
county, or state road from a permitted project, the permittee
shall be responsible for repairs, and no future development
permits shall be issued for the site until the damage has been
repaired to the satisfaction of the applicable governing body.
To ensure compliance, security may be required by the City in an
amount and form to be approved by the City Engineer and the City
Attorney.
(d) Where vehicles hauling excavated materials use public
roads, such vehicles shall be covered in a manner to prevent
spillage, to the satisfaction of the City Engineer.
(e) All hauling vehicles shall have the trucking company
name, mailing address, and telephone number prominently displayed
on both sides of the vehicle in letters at least three (3) inches
in height and in a color contrasting the color of the truck.
SEBASTIAN 20A-5.36. DURATION AND COMPLETION OF PERMITS.
(a) All permits shall expire one (1) year from the date of
issuance, except when otherwise authorized by a site plan or
subdivision approval. A permit may be renewed by paying a
14
renewal fe~ and filing an annual progress report demonstrating
that the permit criteria have been met. The report must meet the
specifications of Subsection (b) of this Section.
(b) For all permitted projects, a record drawing by a
surveyor or engineer registered in the State of Florida shall be
provided to the Building Department at the completion of the
permitted project. The record drawing shall contain sufficient
information to indicate that all of the requirements of this Code
have been met, and shall include cross-sections of the excavation
and a plan drawing which locates the extent of the excavation
with dimensions to all property lines.
(c) The permittee shall maintain a copy of the fill and/or
mining permit on the permitted site during the entire permit
period. This permit shall be fully visible at a location
designated in the application.
(d) No permit shall be issued under this Land Development
Code if a violation is eXisting on the subject property, nor
shall any permits be issued to any person who is currently in
violation of any section of this Land Development Code. This
prohibition is not intended, however, to preclude the issuance of
a permit to correct any existing violation.
SECTION 20A-5.37. INSPECTION AND REVOCATION OF PERMITS.
(a) The City shall not be denied the right to enter the
project site for inspection at any time during the permit period.
(b) Upon the finding of non-compliance with any provision
of this Land Development Code, the City Building Official shall
notify the permit holder in writing of the non-compliance.
Unless an immediate safety hazard exists, the permittee shall be
given five (5) working days to correct the violation, after which
permit shall be suspended if the violation is not
time the
corrected.
(c)
In cases where a violation of a section of
Development Code poses an immediate threat to life and
as determined by the City Building Official, the permit shall
suspended and the permittee shall be immediately notified of
suspension and of his duty to begin immediate mitigation
correction of the hazard.
this Land
property,
be
the
and
If such mitigation and correction does
15
not progress to the satisfaction of the Building
City shall have the right to make all necessary
the applicant's expense.
Official, the
corrections at
SECTION 20A-5.38 THROUGH 20A-5.42 ARE RESERVED.
SECTION 20A-5.43. MINING PERMIT FEES.
(a) The applicant for mining permits shall be required to
file a fee with the application in an amount to be established by
Resolution of the City Council.
(b) Permit renewal fees shall be one-half (1/2) of the
amount of the original fee.
SECTION 20A-5.44. APPEALS.
(a)
permit
notice,
written
Any person receiving written notice of suspension of a
may, within fifteen (15) days following the date of such
enter an appeal in writing to the City Council. Such
appeal shall be deposited with the City Clerk who shall
stamp thereon the date and time received.
must include a description of the property, the date of
notice of violations, and the number of such notice. The
Council shall, within fourteen (14) days, hold a hearing on
appeal. At the conclusion of such hearing, the City Council
continue the suspension, modify the suspension, revoke
operating permit,
Official.
(b)
filed later than the fifteen (15) days notice set forth above.
SECTION 20A-5.45. VIOLATIONS AND PENALTIES.
(a) Any person, partnership, firm, or corporation, or
anyone acting in behalf thereof, who shall violate or fail to
comply with any of the provisions of Sections 20A-5.19 through
20A-5.45 of the Land Development Code shall be guilty of a
misdemeanor of the second degree and punishable as provided by
general law of the State of Florida. Each day after the first
seven (7) days that a violation is continued or permitted to
exist without correction shall constitute a separate offense.
Such written appeal
the
City
this
may
the
or reverse the decision of the Building
The City Council shall not act upon any appeal which is
16
(b) The City may enforce its mining and excavation
regulations by seeking injunctive relief or any other remedy
afforded by law."
SECTION 3. CONFLICT.
Ail ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Council of the City of
Sebastian, Indian River County, Florida, and is is hereby
provided that the provisions of this Ordinance shall become and
be made a Dart of the Land Development Code of the City of
Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and that
the words "ordinance" may be changed to "section", "article", or
other appropriate designation.
SECTION 5. 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 will 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 6.
This
passage.
EFFECTIVE DATE.
Ordinance shall take effect immediately upon
final
By:
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
ATTEST:
Kathry~ M. O'H~lloran, CMC/AAE
City Clerk
17
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto 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~/~7/~ ,
1988, and that following said public hear±ng this Ordinance was
passed by the City Council.
Kathryn~. O'Halloran, CMC/AAE
City Cl~rk
Approved~to Form and Content:
Charles~ Nash,' Cit~ Attorney
18