HomeMy WebLinkAboutO-2011-014 Creating Section 9.70 Chapter 28 Vacation of Streets and Alleys ORDINANCE NO. 2011-014
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, CREATING CODE SECTION 9.70 OF CHAPTER 28
("ZONING") OF THE CITY CODE OF ORDINANCES, SUCH SECTION TO
BE ENTITLED "VACATION OF STREETS AND ALLEYS"; PROVIDING
PROCEDURES FOR SUCH VACATIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach, Florida, desires to create
Code Section 9.70 of Chapter 28, "Zoning" of the City Code of Ordinances to be entitled
"Vacation of Streets and Alleys", which Section was formerly contained in the City Charter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 9.70 of Chapter 28 ("Zoning") of the City Code of
Ordinances is created to read as follows:
Sec. 9.70. Vacation of Streets and Alleys.
Whenever it may be deemed necessary, the city commission may cause any street, alley or
municipal public place to be opened, closed, straightened, diverted, widened, narrowed, or
vacated. No street, alley or other property dedicated to the public use shall be vacated or
abandoned except by a new plat submitted to and approved by the city commission, showing the
condition of the area after such vacation and abandonment; however, if it is determined by the
city commission that the submission and approval of such new plat would cause an undue
hardship to the property owner requesting such a vacation or abandonment, the submission and
approval of such new plat may be waived by the city commission. Before any street, alley or
other public place appearing on any plat of record and dedicated to the public use can be vacated
or abandoned, the person or parties so desiring the vacation or abandonment shall make
application to the city commission for such vacation and abandonment, and such application
shall be referred to the city planning and zoning board for its recommendation. Thereafter, the
city commission shall cause a public hearing to be held on such matter at a regular meeting of the
city commission, not less than thirty (30) days after the presentation of such application to the
board, and notice of such public hearing shall be published once in a newspaper of general
circulation published in the City.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall take full effect immediately at the time of its
passage.
PASSED on first reading on May 10, 2011.
PASSED AND ADOPTED on second reading on May 24, 2011.
O�A�IS F/�r PATRICIA A. FL Y
ATTEST: �� o, MAYOR
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS O ORM AND CORRECTNESS:
r
THOMAS J. S RO
CITY ATTORNEY
2 ORDINANCE#2011-014