HomeMy WebLinkAboutO-06-08ORDINANCE NO. 0-06-08
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 continued to impact the drainage system
of the City, with the flow of stormwater being obstructed by some of the practices
employed at times by builders;
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 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 26-2. Blockage or unreasonable obstruction of ~ flow
of water prohibited.
It shall be unlawful to block or unreasonably obstruct the natural
flow of water or desi~ drainage of water by any means, including
construction, excavation, or fill of land. During anv construction
activity involving clearin~or fill the perimeter of the ~ropertv shall be
secured with a silt barrier meeting the standards of the water
management district for such devices.
Upon discovery of unreasonable obstructions to a public drainage
facility during construction on the first such incident a stop work order
shall be issued for the iob site and the contractor shall be given notice
additional fine shall be levied in said amount for each twenty-four hour
period thereafter until the obstruction is com lp etely remedied.
Subsequent violations shall result in an immediate citation without
warning in accordance with this fine schedule. Additionally no
building code inspections will be performed on a pro~ertv found in
violation of this section until it comes back into compliance
Any structure, driveway, pipe excavation, or fill of land in
violation of this section for more than fortv-ei hit (=481 hours may be
# brought into compliance with this section ~v the Citv. The costs
thereof shall be charg=ed to both the contractor and owner and. if unpaid
after three days shall constitute a lien upon the propert~qual in
dignity to the lien for taxes.
Appeals of anv such citation shall be made to the Construction
Board and must be filed within fortv-eight hours. The appeal shall be
a~
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limited to the factual issues going to the validity of the violation or the
existence of prior violations.
Upon failure to pay citations or liens imposed under this section
within three days of issuance or, if appealed, within three days of
resolution of such anneal, no Hermits shall be issued for work in the
City to the Herson owing 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
Paternoste
r The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
McCollum
Mayor Brian Burkeen aye
Councilmember Nathan McCollum aye
Councilmember Andrea Coy aye
Councilmember Sal Neglia nay
Councilmember Al Paternoster aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 13~' day of
September, 2006.
CITY OF SEBASTIAN, FLORIDA
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By: , ~~
Mayor Brian Bur n
ATTEST:
r ~-______._
Sa y A. Maio MC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
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Rich tringer, City Attorney