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Home My WebLink AboutO-04-19ORDINANCE NO. O-04-19 AN EMERGENCY ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SUSPENDING ENFORCEMENT OF CERTAIN RESTRICTIONS IN ORDER TO PROVIDE RELIEF FROM HURRICANES FRANCES AND JEANNE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, for the first time in recorded history a community has been struck by two hurricanes in the same month; and WHEREAS, the damage suffered by the residents and business community of the City of Sebastian has been severe; and WHEREAS, the President of the United States has declared the City a disaster area, and by proclamation of the Governor, a State of Emergency is in existence; and WHEREAS, the City Council wishes to alleviate the burden on our community by temporarily suspending enforcement of certain existing restrictions to allow emergency housing and business operations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. DECLARATION OF STATE OF EMERGENCY OPERATIONS. It is hereby declared that the City of Sebastian is hereby under a State of Emergency Operations. Accord'mgly, this Ordinance is enacted under the provisions of Florida Statute 166.04193)(b). Section 2. RESIDENTIAL RELIEF. The following emergency measures are hereby enacted to provide relief from the loss of housing by our residents: A. Restrictions against the use and occupancy of travel trailers and RV's in residential districts shall not be enforced until adoption of a resolution by City Council declaring an end to the State of Emergency Operations. B. Restrictions on the use and occupancy of residential property by a "single family" as defined in the City Code shall not be enforced until adoption of a resolution by City Council declaring an end to the State of Emergency Operations. Building permit fees for repair work related to hurricane damage shall be waived until November 1, 2004. Restrictions on parking automobiles in the fights-of-way adjoining residential areas shall not be enforced until adoption of a resolution by City Council declaring an end to the State of Emergency Operations. Until adoption of a resolution by City Council declaring an end to the State of Emergency Operations, requirements that a post-repair inspection be performed prior to turning on electric service is waived, and said inspections will be allowed to take place after service is established. Section 3. COMMERCIAL RELIEF. The following emergency measures are hereby enacted to provide relief from the loss of commercial establishments by our business community: A. "Business and Professional offices, excluding drive-through facilities", as well as "Medical offices", within the meaning of the Land Development Code, previously operating in commercial areas are allowed to operate temporarily from residences, subject to the following conditions: An office is allowed to operate temporarily out of a residence only if the professional office was operating from a commercial location that has become tminhabitable due to hurricane damage or storm-related reconstruction. · The business must have possessed a valid City or County occupational license for the business as of September 1, 2004. · The residence must be under the ownership of a principle of the business. · A maximum of four non-resident employees may occupy the premises at any given time. No planning or building approval is needed for a temporary professional office operation from a residence, provided the conditions of this section are met. No temporary transfer of the occupational license will be required, however, registration of the temporary location with the Growth Management Department is required. There will be no fee for this registration. Temporary use of a residence for a professional office must cease upon completion of the commercial location office repairs or by March 31, 2005, whichever occurs first, unless extended by the growth management director or his designee for good cause shown. · Customer visits to temporary professional offices at residences shall be limited to the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. A temporary sign with dimensions of two foot by two foot square, with a maximum height of three feet off the ground, may be located at the edge of right-of-way within three feet of the residential driveway. Building pe~it fees for repair work related to hurricane damage shall be waived until November 1, 2004. Until adoption of a resolution by City Council declaring an end to the State of Emergency Operations, requirements that a post-repair inspection be performed prior to turning on electxic service is waived, and said inspections will be allowed to take place after service is established. Section 4. EXECUTIVE ORDERS. The City Manager is hereby authorized to provide further relief as appropriate during the State of Emergency Opemtious by promulgation of written Executive Orders, subject to over~ride by a majority vote of Council. City Council may also supplement the provisions of this Ordinance by resolution. Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby suspended. Nothing herein, however, shall create a vested right in the continuance of conditions allowed under operation of this Emergency Ordinance. Section 6. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ord'mance shall not be affected and it shall be presumed that the City did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, thereby causing the same to remain in full force and effect, Section 7. EFFECTIVE DATE. This Ordinance shall be given immediate effect retroactive to September 1, 2004 The foregoing Ordinance was moved for adoption by Councilmember Coniglio The motion was seconded by Councilmember Barczyk and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum aye Vice-Mayor Joe Barczyk aye Councilmember Ray Coniglio aye Councilmember Lisanne Monier aye Councilmember Mike Heptinstall ave The Mayor thereupon declared this Ordinance duly passed and adopted this f~0th day of October S~tthrdt~, 2004. ATT~T: 5 Sally A; Ms~i~,-~l~IC~ /(Cit~ClerlC- %-__ :- .:~ CITY OF SEBASTIAN, FLORIDA By:~ Mayor Nathan B. McCollm Approved as to form and legality for reliance by the City of Sebastian only: