HomeMy WebLinkAboutO-97-01ORDINANCE NO. 0-97-0].
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTIONS 2-188 ]tND 2-189 OF THE CITY OF SEBASTIAN CODE OF
ORDINANCES ENTITLED "LEGAL COUNSEL" AND "CITY ATTORNEY"
RESPECTIVELY PROVIDING FOR REPRESENTATION OF CODE
ENFORCEMENT BOARD BY CITY ATTORNEY; PROVIDING FOR
PRESENTATION OF CASES TO CODE ENFORCEMENT BOARD BY
BUILDING DEPARTMENT REPRESENTATIVE OR LEGAL COUNSEL;
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 162.05 Florida Statutes provides that the
local governing board attorney shall either be counsel to the code
enforcement board or represent the municipality by presenting cases
before the code enforcement board; and
WHEREAS, the city Council of the City of Sebastian, Florida
("City"), desires to have the local governing board attorney
represent the code enforcement board.
NOW, THEREFORE, BE IT ORDAINED BY the City Council of the
City of Sebastian, Florida, as follows:
Section 1: Section 2-188 of the Code relating Legal Counsel is
hereby amended as follows:
Sec. 2-188. Legal Counsel. The City Attorney shall
represent and be counsel to the board and attend all
meetings.
Section 2: Section 2-189 of the Code is hereby amended as
follows:
Sec.2-189. Presentation of Cases. A representative of the
city building department shall present cases before the
board. The City Manager may, upon recommendation of the
Building official retain a member of the Florida Bar to
present cases before the board.
Section 3: If any section or part of a section of this
Ordinance is declared invalid or unconstitutional, the validity,
force and effect of any other section or part of a section of this
Ordinance shall not thereby be affected or impaired unless it
clearly appears that such other section or part of a section of
this Ordinance is wholly or necessarily dependent upon the section
or part of a section so held to be invalid or unconstitutional.
Section 4: This Ordinance shall prevail over all other
Ordinances which are in conflict with this Ordinance. If any
clause, section or other part or application of this Resolution
shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part
or application shall be considered as eliminated and in no way
affecting the validity of the remaining portions or applications
remaining in full force and effect.
Section 5= This Ordinance shall go into effect immediately
upon its passage and adoption and authentication by the signature
of the presiding officer and the Clerk of the City Council.
The foregoing Ordinance was
Councilmember .... .~/~z.~J ·
councilmember ~~~
vote, the vote was as follows:
moved for adoption by
The motion was seconded by
and, upon being put into a
Mayor Louise R. Cartwright
Vice-Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~_ day of ~~ , 199~.~
CITY OF SEBASTIAN, FLORIDA
LoUise R. Cartwrlght~ Mayor
ATTEST:
Kathry~.~.~ O'Halloran, CMC/AAE
J
Seal)-~
Approved as to Form and Content:
Valerie F. S~ttles
City Attorney