HomeMy WebLinkAboutO-14-07 Stays on AppealsORDINANCE NO. 0-14-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RELATING TO ZONING AND LAND USE
PLANNING PROCEDURES, REPEALING STAYS UPON APPEALS
OR PETITIONS FOR WRIT OF CERTIORARI, AMENDING SECTIONS
54-1-2.5, 54-1.2.4 AND 54-4-18.6 OF THE LAND DEVELOPMENT
CODE, PROVIDING FOR RETROACTIVE EFFECT, REPEALING
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA:
Section 1. That Section 54-1-2.4 of the Land Development Code of the City of
Sebastian, Florida, is hereby amended to read as follows:
council.
"Sec. 54-1-2.4. Planning and Zoning Commission".
(g) Appeals of planning and zoning commission decisions to the city
6) Reserved.
Section 2. That Section 54-1-2.5 of the Land Development Code of the City of
Sebastian, Florida, is hereby amended to read as follows:
"Sec. 54-1-2.5. Board of Adjustment".
(d) Procedures for processing matters before the board.
(4) Reserved.
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(e) Review of board of adjustment decisions. Appeals of decision by
the board of adjustment shall be final unless otherwise stated herein. However, any
affected party aggrieved by a decision of the board of adjustment may seek certiorari
review before the circuit court of the decision on the record in the manner provided by
law within 30 days of the decision of the board of adjustment.
Section 3. That Section 54-4-18.6 of the Land Development Code of the City of
Sebastian, Florida, is hereby amended to read as follows:
"Sec. 54-4-18.6. Approval, disapproval and appeal procedure."
( c) Timing of the release of building permits. An applicant for a building
permit may be granted such permit , if the applicant signs an affidavit acknowledging
that the applicant has been put on notice by the city, that any construction is undertaken
at the applicant's risk and such applicant shall hold the city harmless for any damage
incurred should the terms of approval be altered or nullified by the city council or the
court.
Section 4. Retroactive Effect. The provisions of this ordinance shall apply to any
appeal currently pending as of the effective date of this ordinance.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 6. Repeal of Laws in Conflict. All ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
Section 7. Codification. The sections of the ordinance may be made a part of the
City Code of Laws and ordinances and may be re -numbered or re -lettered to
accomplish such, and the word "ordinance" may be changed to "section," "division," or
any other appropriate word.
Section 8. Effective Date. This ordinance shall take effect immediately upon
adoption.
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The foregoing Ordinance was moved for adoption by Council Member Hill. The motion
was seconded by Council Member McPartlan and, upon being put to a vote, the vote
was as follows:
Mayor Richard Gillmor ave
Vice -Mayor Jerome Adams aye
Council Member Andrea Coy absent
Council Member Jim Hill -aye
Council Member Bob McPartlan aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 10th
day of December, 2014.
C/I, N, FLORIDA
Mayor Richard Gillmor
ATTEST:
Sally A. Mai , MMC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only.
Robert A. Ginsburg, Ci ttorney
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