HomeMy WebLinkAboutO-2003-042 Amending chapter 2 administration article IV Code Enforcement Board Section 2-72 applicability to clarify site plans ORDINANCE NO. 2003-042
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO ENFORCEMENT OF CONDITIONS ATTACHED TO
SITE PLANS, VARIANCES AND SPECIAL EXCEPTIONS; AMENDING
CHAPTER 2, "ADMINISTRATION", OF THE CITY CODE OF
ORDINANCES BY AMENDING ARTICLE IV, "CODE ENFORCEMENT
BOARD", SECTION 2-72 "APPLICABILITY" TO CLARIFY
APPLICABILITY TO CONDITIONS OF SITE PLANS, VARIANCES AND
SPECIAL EXCEPTIONS; DELETING SECTION 13.13 OF ARTICLE 13,
"VIOLATIONS AND PENALTIES" OF CHAPTER 28, "ZONING"
BECAUSE IT IS OUTDATED; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 2, "Administration," Section 2-72 of the Code of Ordinances
of the City of Dania Beach (the "City") provides that the Code Enforcement Board
("Board") has jurisdiction to hear and decide cases involving allegations of violations of
the City Zoning Code, among other City Codes; and
WHEREAS, the City Commission has determined that it is appropriate to clarify
that the Board's jurisdiction for hearings as to alleged violations of the conditions of
approved site plans, variances and special exceptions explicitly includes such
violations; and
• WHEREAS the CityCommission desires to repeal an outdated provision of the
p
Code of Ordinances which pertains to "violations and penalties" (Section 13.13 of
Chapter 28, of the City Code of Ordinances); and
WHEREAS, the Commission finds that this Ordinance is consistent with the
City's adopted Comprehensive Plan and necessary for the preservation of the public
health, safety and welfare of the City's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Chapter 2, "Administration", Article IV. "Code Enforcement Board",
Section 2-72, "Applicability", of the City Code of Ordinances is amended to read as
follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. CODE ENFORCEMENT BOARD
2-72. Applicability.
The Dania Beach code enforcement board shall have concurrent jurisdiction to
hear and decide cases involving alleged violations of the following codes:
1 ORDINANCE NO. 2003-042
• Chapter 28, Zoning; as it is now existing or as it may be amended by ordinances
from time to time and including ordinances or resolutions adopted under Chapter
28 that approve site plans, variances or special exceptions. This shall include
but not be limited to non-compliance with any element of an approved site plan
and the conditions of approval, if any, which may be attached to the approved
site plan.
Section 2. That Section 13.13 "Violations and Penalties" of Chapter 28, "Zoning" of
the City Code of Ordinances, is repealed in its entirety.
Section 3. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this ordinance are repealed to the extent of such conflict.
Section 4. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. That this ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on November 12, 2003.
• PASSED AND ADOPTED on second reading on November 25, 2003.
BOB AN ON
MAYOR — COMMISSIONER
A TE T: ROLL CALL:
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
CHARLEN J HNSON COMMISSIONER MIKES - YES
CITY CLER VICE-MAYOR MCELYEA - YES
MAYOR ANTON- YES
APPROVED AS TO O: AND CORRECTNESS:
BY: r
Tllbm)8 J. AANS RO
CITY ATTORNEY
2 ORDINANCE NO. 2003-042
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: NOVEMBER 25, 2003
2. DESCRIPTION OF AGENDA ITEM: CONSENT AGENDA—2ND READING ORDINANCE
ENTITLED: ENFORCEMENT OF DEVELOPMENT ORDER CONDITIONS BY THE CODE BOARD
3. COMMISSION ACTION BEING REQUESTED: APPROVAL 2ND READING
4. SUMMARY EXPLANATION & BACKGROUND:
5. Attached Exhibits and additional backup materials (please list):
Ordinance
Staff Report
Public Hearing Notice
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director Date November 18,2003
Community Development Department
City Manager Date
CITY OF DANIA BEACH
• DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
DATE: November 25, 2003
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director Gam_
SUBJECT: Text Amendment to Grant the Code Enforcement Board
the Authority to Enforce Non-compliance with Site Plan
Approval and Special Exception, Variance, and Site Plan
Conditions (SECOND READING).
APPLICANT: Community Development Department
The purpose of this text amendment is to give the Code Board jurisdiction to
enforce conditions associated with special exceptions, variances, and site
plans. This authority is not clearly referenced in the zoning code.
• This text amendment also grants the Code Board the authority to enforce non-
compliance with an approved site plan (i.e. using land in a manner
inconsistent with the approved plan).
STAFF RECOMMENDATION
Approval.
•
i
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be
held before the City,Commission of the City of Dania
Beach on Tuesday,November 25,2003 at 7:00 p.m.,or
as soon thereafter as possible,in the Dania Beach City'
Commission Room,Administrative Center, 100 West
Dania Beach Blvd.,Dania Beach,Florida 33004,for the
purpose of considering adoption on 2nd and final
reading of proposed text changes to the Dania Beach
Code of Ordinances,as follows:.
AN ORDINANCE,OF:THE CITY OF,DANIA BEACH,FLORI-
DA, AMENDING.'THE ZONING APPENDIX OF THE CITY
CODE.OF ORDINANCES,SECTION 33.40'REGULATION
AND USE OF WATERWAYS AND FACILITIES RELATED
THERETO,'OF THE CITY CODE OF ORDINANCES; PRO-
VIDING FOR CONFLICTS;PROVIDING FOR SEVERABILI-
TY;AND PROVIDING FOR AN EFFECTIVE DATE
AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI-
DA,PERTAINING TO LANDSCAPING AND VEGETATION,
AMENDING CHAPTER 26, 'VEGETATION'.OF THE CITY
CODE OF ORDINANCES BY CLARIFYING AND MODIFY-
ING REQUIREMENTS AND PROCEDURES FOR THE IN-
STALLATION AND REMOVAL OF TREES AND OTHER
VEGETATION IN ORDER TO ENSURE COMPLIANCE WITH
THE BROWARD COUNTY CODE OF ORDINANCES;PRO-
VIDING FOR CONFLICTS;PROVIDING FOR SEVERABILI-
TY;AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI-
DA, PERTAINING TO ENFORCEMENT OF CONDITIONS
ATTACHED TO SITE PLANS,.VARIANCES AND SPECIAL
EXCEPTIONS; AMENDING CHAPTER . 2,
ADMINISTRATION',OF THE CITY CODE OF ORDINANC-
ES BY AMENWNG;'ARTICLE IV,'CODE ENFORCEMENT
BOARD', SECTION 2-72 'APPLICABILITY'.TO CLARIFY
APPLICABILITY TOCONDITIONS OF SITE PLANS,VARI-
ANCES AND SPECIAL EXCEPTIONS;DELETING SECTION
13.13 OF,ARTICLE.13,"VIOLATIONS AND PENALTIES'
OF CHAPTER 28;'ZONING'BECAUSE IT IS OUTDATED;
PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERA-I
BILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Copies of the proposed changes are available for.
viewing in the Department,of Community Develop-
ment,100 West Dania Beach Blvd.,Dania Beach,Flori-
da between the hours of.8:00 a.m. and 4:00 p.m.,:
Monday Friday please call(954)924-3645 for more:
information. Interested parties may appear at the
public hearing and be heard with respect to the pro-;
posed petition.
In accordance with the Americans With Disabilities
Act,persons needing assistance to participate in any
of these proceedings should contact Charlene John-
son, City Clerk, 100 W. Danla Beach Blvd, Dania
Beach, FL 33004, (954)924-3622, at least 48 hours
prior to meeting.
Any person who decides to appeal any decision made
by the City Commission with.regard to,any matter
considered at this meeting or hearing will need a
;record of the proceedings and for such purpose may
need to ensure that a verbatim record of the proceed-
s is made, which record includes the testimony
d evidence upon which the appeal is to based.
Lou Ann Cunningham,Planning Associate
November 14,2003
•