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HomeMy WebLinkAbout02152006 Special 01Y OF SE~~ -.~ ~ - -. HOME OF PELICAN ISlAND SEBASTIAN CITY COUNCIL AGENDA SPECIAL MEETING WEDNESDAY, FEBRUARY 15,2006 - 5:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA SUBJECT: Proposed Amendments to Construction Codes, Enforcement Issues and Solutions 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. SPECIAL MEETING ITEMS A. STAFF REPORT B. CITIZEN INPUT C. COUNCIL DISCUSSION 5. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Special City Counc:1 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA TTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THA T A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 FS.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. ORDINANCE NO. 0-06- AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 26-2, BLOCKAGE OR UNREASONABLE OBSTRUCTION OF NATURAL FLOW OF WATER PROHIBITED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, residential construction has impacted the drainage system of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 26-2 ofthe Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 26-2. Blockage or unreasonable obstruction of natural flow of water prohibited. It shall be unlawful to block or unreasonably obstruct the natural flow of water or desilmed drainage of water by any means, including construction, excavation, or fill of land. Durin{! anv construction activity involvin{! clearin{! or fill. the nerimeter of the nronertv shall be secured with a silt barrier meetin{! the standards of the water mana{!ement district for such devices. Unon discovery of obstructions to a nublic draina{!e facility durin{! construction. on the first such incident the contractor shall be civen notice to alleviate the blocka{!e within four hours or be civen a citation in the initial amount of $500. and an additional fine in said amount for each twenty-four hour neriod thereafter until the obstruction is remedied. Subseauent violations shall result in an immediate citation without warnin{! in accordance with this fine schedule. No buildin{! code insnections will be nerformed on a nronertv found in violation of this section until it comes back into comnliance. Any structure, driveway, pipe excavation, or fill of land in violation of this section for more than fortv-ei{!ht (48) hours mav be ~ brought into compliance with this section bv the City. The costs thereof shall be char{!ed to both the contractor and owner and. if unnaid after three davs. shall constitute a lien unon the oronertv eaual in diQuitv to the lien for taxes. at tee owner'8 eil:-jJense. Anneals of anv such citation shall be made to the Construction Board and must be filed within fortv-eiQ:bt hours. The anneal shall be limited to the factual issues ~win{! to the validity of the violation or the existence of nrior violations. Failure to nav citations or liens imnosed under this section within three davs of issuance or. if annealed. within three davs of resolution of such anneal. shall result in a work stonna{!e at the site where the offense occurred and. further. no nermits shall be issued for work in the City to the nerson owin{! such amounts. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. 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 shall 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 or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption by the City Council, except the silt barrier requirements shall not be enforced against active construction for the first thirty days of the effectiveness of the ordinance. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Councilmember Lisanne Monier Councilmember Andrea Coy Councilmember Sal Neglia The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Nathan McCollum ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney