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HomeMy WebLinkAboutO-97-13ORDINANCE NO. O-97-13 AN ORDINANCE OF Tl~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-7.3.B. AND 20A- 7.4.G.6. OF THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO PERFORMANCE STANDARDS, PROCEDURES FOR ENFORCEMENT, SPECIFIC STANDARDS FOR NUISANCE ABATEMENT; SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures relating to performance standards, procedures for enforcement, specific standards for nuisance abatement by clarififing the role of the Community Development Director and City Mm~er; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW TIlt'EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-7.3.B. of the Land Development Code, City of Sebastian, Florida is hereby mended to read as follows: B. Enforcement procedures. Alleged violations of the performance standards shall be investigated by the community development director and the appropriate staff as determined by city manager: 1. Required data. Following the initiation of an investigation, the community development director or city engineer may require the owner or operator of any proposed use to submit such data and evidence as is needed to make any objective determination. The evidence may include, but is not limited to, the following items: (a) Plans of the existing or proposed construction and development. (b) A description of the existing or proposed machinery, processes and products. (c) Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of any of the dangerous and objectionable elements as set forth in this section. (d) Measurements of the amount and rate of emission of said dangerous or objectionable elements. Failure to submit data required by the city shall constitute grounds for denial or revocation of an occupancy permit, whichever is appropriate to meet the intent of this chapter. Evaluation of proposed land uses. Subsequent to a review of a proposed land use development plan, the community development director with the concurrence of the city engineer may determine that there are reasonable grounds to believe that the proposed use may violate the performance standards cited herein. In such cases where substantial uncertainty exists as to whether a proposed new land use will comply with the performance standards, the community development director may, at the applicant's expense, request a statement of a professional engineer registered in the State of Florida, which certifies that the planned land use is designed to satisfy the performance standards. Findings of the said engineer shall be presented to the city planning and zoning commission for review and evaluation concurrent with site plan review. Evaluation of existing development. When the City of Sebastian ascertains a probable noncompliance by an existing land use, the community development director, in consultation with the city engineer, shall investigate as follows: (a) Where determination can be made by the city staff, using equipment normally available to the city or obtainable without extraordinary expense, such determinations shall be made before notice of violation is issued. (b) Where technical complexity or extraordinary expense makes an investigation utilizing city personnel and/or equipment unreasonable, the city council may retain an expert consultant to determine if a land use activity is in compliance with performance standards. Such consultants shall be fully qualified to give the required information and shall be persons or firms mutually agreeable to the city and to the owner or operator of the use in question. In the event of inability to select a mutually agreeable consultant, the city and the owner or operator may select independent consultants, in which event each party shall bear its own costs irrespective of the final determination of compliance or noncompliance with the performance standards in question, if one consultant is mutually agreed upon, the cost of the consultant's services shall be borne by the owner or operator of said use, if the use is found to be in violation of the performance standards, but if the use is found by the final authority to be in compliance with the regulations the city shall bear the cost of the consultant's services. Action by city. Within thirty (30) days following the receipt of the required evidence, the community development director in consultation with the city engineer shall make a determination as to compliance or noncompliance with the performance standards. In the event of noncompliance, the community development director may require modifications or alterations in the existing construction of the operational procedures to ensure that compliance with the performance standards will be maintained. The operator shall be given a reasonable length of time to effect any changes prescribed by the community development director for the purpose of securing compliance with the performance standards. If, after the conclusion of the time granted for compliance with the performance 4 standards, the community development director finds the violation is still in existence, the matter shall be referred to the code enforcement board. Section 2. Section 20A-7.4.G.6. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: 9. 6. Regulating noise from permissible time for construction activity. It shall be unlawful for any person to do, perform or engage in any construction work, building, excavating, hoisting, grading, pile driving, pneumatic hammer, demolition, dredging, building alteration or repair work of any nature to any building or structure, or upon any site for same, in the City of Sebastian between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next day in any such activity which shall cause noises whose levels result in excess of the limits at stated in subsection 20A-7.4(G)(9). Any person desiring to engage in the aforesaid activity beyond the stated hours of limitation, based upon cases of urgent necessity or upon the interests of public health, safety and ultimate convenience, may apply to the community development director for a special permit. Such permits, if granted, shall be limited to a certain period, but may be renewed for additional periods if the emergency or need therefor continues. In the issuance of such permits the building should weigh all facts and circumstances and should determine whether the reasons given for the urgent necessity are valid and reasonable, whether the public health, safety and ultimate convenience will be protected or better served by granting the permit requested and whether the manner and amount of loss or inconvenience to the party in interest imposes a significant hardship. Upon an affirmative finding of the foregoing considerations, the community development director is authorized to issue the permit requested and any extensions thereof as may be required. During such period of emergency activities and during the normal construction hours of 7:00 a.m. to 7:00 p.m., the noise levels generated by construction activities shall not exceed seventy-five (75) dab for more than ten (10) percent of the time when measured at a distance of fifty (50) feet from the construction site. Any person aggrieved by the decision of the community development director may appeal the decision to the planning and zoning commission. Section 3. 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 Land Development Code of the City of Sebastian, Florida, and that the sections of this 6 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. Section4. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or pans of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. SEVERABILITY. If any clause, section, or other pan or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid pan or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FroST READING, Tills DAY OF /~,,2~, /~, 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORID& ON SECOND AND _ OF .. FINAL READING, THIS//DAY ,.'9~ 1997. The foregoing Ordinance was moved for .i~o~-, The motion was adoption by Councilmember seconded by Councilmember Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise R. Canwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this/f_ day of ,1997. CITY OF SEBASTIAN, FLORIDA Walter W. Barnes, Mayor City. At'tome, y-" ST: Kathr'.y~ M.. O~dlloran, CMC/. ..... (~ - - Appmk, edzas t~Fclrr~ and Content: