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HomeMy WebLinkAboutO-97-20ORDINANCE NO. 0-97-20 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-ii.i, 20A- 11.2.C.3., AND 20A-11.3..C.3.a. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR LAND DEVELOPMENT CODE ENFORCEMENT AND THE BOARD OF ADJUSTMENT RULES OF PROCEDURES SUBSTITUTING THE COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL, MAYOR, AND CITY CLERK, SUBSTITUTING THE CITY MANAGER FOR THE CITY COUNCIL, PROVIDING FOR APPEAL OF THF~ COMMUNITY DEVELOPMENT DIRECTORS ACTION TO THE PLANNING AND ZONING COMMISSION; 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 Developmem Code relating to procedures regarding land development code enforcement and the Board of Adjustment rules of procedure by substituting the Community Development Director for the building official, mayor and city clerk, substituting the City Manager for the City Council and providing for appeal of the Community Development Director's action to the Planning and Zoning Commission; 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 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-11.1. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-II.1. Land development code enforcement Community Development Director's responsibility. An administrative official titled the Community Development Director or other successor administrative official appointed by the city manager shall administer and enforce these regulations. The Community Development Director may be provided with the assistance of such other persons as the city manager shall authorize. The Community Development Director shall serve as the coordinating and central intake agency for all applications, petitions or administrative actions sought in pursuance of these regulations unless otherwise stated. He shall perform other zoning related duties which are set forth in this code and that may be assigned by the city manager. Application, purpose and conflict. The Community Development Director shall apply the provisions of these regulations as minimum requirements for the promotion of the public health, safety and welfare. These regulations are not intended to interfere with, abrogate or annul any lawful easements, covenants or other agreements between parties; provided, however, that where these regulations impose a greater restriction, the provisions of these regulations shall prevail. Violations and enforcement procedures: 1. Reporting violations. Any person may report a violation of the development code to the Community Development Director. Such reports shall be maintained in writing stating the causes and basis for the complaint. Complaint investigations may also be based upon field inspections performed by the Community Development Director or other designated personnel. 2. Investigation. In conducting investigations of violations, city inspectors shall have the authority, where lawful, to inspect property, obtain the signed statements of prospective witnesses, photograph violations, and do such other gathering of evidence as is necessary for the complete investigation of a zoning violation. 3. Procedure when violation is determined. Where it is determined that a probable violation of this code exists, code enforcement provisions of Chapter 2, Article VI, of the Code of Ordinances shall be applied to remedy the violation. Penalties and other legal remedies. The Community Development Director and city attorney shall pursue each misdemeanor and any lawful civil action or proceeding as deemed necessary in compliance with section 20A-11.4 of this code. Administrative actions: 1. Cease and desist orders. The Community Development Director shall have the authority to issue cease and desist orders in the form of written official notices given to the owner of the subject building, property or premise, or to his agent, lessee, tenant, contractor, or to any person using the land, building or premise where a misdemeanor violation has been committed or exist. 2. Zoning clearance: a. Issuance. No zoning clearance shall be issued by the Community Development Director for any purpose except in compliance with the provisions of this code and other applicable ordinances and laws, a decision of the board of adjustment, the city council, or a court decision. Revocation. The Community Development Director may revoke a zoning clearance in those cases where an administrative determination has been duly made that false statements or misrepresentations existed as to material fact(s) in the application or plans upon which the permit or approval was based. c. Suspension. The Community Development Director may suspend a zoning clearance where an administrative determination has been duly made that an error or omission on either the part of the permit applicant or government agency existed in the issuance of the permit or certificate approval. A valid clearance shall be issued in place of the incorrect document after correction of the error or omission. d. Notice and appeal. Ail decisions concerning the issuance, revocation or suspension of zoning clearances shall be stated in official written notice to the permit applicant. Any decision of the Community Development Director may be appealed to the Planning and Zoning Commission. Section 2. Section 20A-11.2.C.3. of the Land Development Code, City of Sebastian, Florida is hereby mended to read as follows: 3. Rules of procedure. The board of adjustment shall establish and adopt rules of procedure subject to approval by the city council, which include policies for, but not limited to, election and duties of officers; meeting schedule, time and place; establishing agenda and order of business and method of transacting such business; procedure for action and voting by members; conduct of public hearings; rules of conduct; parliamentary procedure; maintenance of records; and method of amending the same: Officers. The board shall elect a chairperson and a vice chairperson among its members. Whenever possible, the individual selected as the chairperson or vice chairperson of the board of adjustment shall have served two (2) years as a regular member of the board of adjustment and shall have attended at least ninety (90) percent of the meetings of the board of adjustment which such member was not otherwise excused from attending by the individual serving as the chairperson of the board of adjustment at such meetings. The Community Development Director shall select an individual to serve as secretary for the board of adjustment and to take minutes of the meetings of the board of adjustment and to perform such other duties as appropriate. The chairperson, or in his/her absence the vice chairperson may administer oaths and compel the attendance of witnesses. Terms of officers of the board Terms of all such officers shall be for one year, with eligibility for re-election. Maintenance of records. The board of adjustment shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. All such records shall be filed with the office of the Community Development Director. The official minutes of the proceedings, showing the vote of each member upon each matter of business (including absent members and members failing to vote for other reasons) shall be filed with the office of the city clerk. Schedule of meetings. Meetings of the board shall be held at the call of the chairman and at such times as the board may determine. Quorum. A quorum for action by the board shall consist of four (4) members. f. Other rides of procedure. The board shall adopt such other additional rules as it deems necessary to conduct its business, subject to approval by the city council. Section 3. Section 20A-11.3.C.3.a. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: a. Officers. The planning and zoning commission shall elect a chairperson and a vice-chairperson from among its members at the first regular meeting of the planning and zoning commission held at the beginning of each calendar year. Each such officer shall serve a term of one year or until his or her successor is appointed. The planning and zoning commission shall follow the criteria set forth in section 20A-11.3.A. 3. The Community Development Director shall appoint a city employee to serve as secretary to the planning and zoning commission and take minutes of the meetings of the planning and zoning commission. Section 4, COI)IFICATiON. 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 pan of the Land Development Code of the City of Sebastian~ Florida, and that the sections of this Ordinance may be renurnbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. SectionS. CONFLICT. All other Ordinances or pans of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. SEVERABiLITY. If any clause, section, or other part 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 7. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF ..~. ,}~/.~// , 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND 7 The foregoing Ordinance was moved for adoption by Councilmember ~_.~.-~,2 The motion was seconded by Councilmember /~~ and, upon being put into a vote, the vote was as follows: Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this//day of ,~~¥¥~¢~. ,1997. CITY OF SEBASTIAN, FLORIDA Walter W. Barnes, Mayor ATTEST: ~ K~.~hry~M. _o~all6ran, CMCffAAE /~ppr6~d hs to.~ and Content: Valerie Setttes .~.- Ci~ Attorney"