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HomeMy WebLinkAboutO-2024-007 Amending Section 22-7A Street Co-Designating (2nd Reading for 3-12-24 mtg)ORDINANCE NO. 2024-COl AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 22, OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "STREETS AND SIDEWALKS" AT ARTICLE I, ENTITLED "IN GENERAL" BY AMENDING SECTION 22-7 A IN ORDER TO MODIFY THE PETITION REQUIREMENTS, PROVIDING FOR A PENALTY FOR FALSE PETITIONS ; PROVIDING FOR ONE APPLICATION, PER YEAR; AND MODIFYING COST COVERAGE BY PETITIONERS TO HA VE THE CITY COVER THE COSTS ASSOCIATED WITH THE PROCESS AND INSTALLATION OF CODESIGNATION SIGNS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission de sire to modify the process for designating, naming or re-naming public rights-of-way within the City of Dania Beach by clarifying the petition process, providing for a penalty for fa lse petitions, and eliminating mailed notice; and WHEREAS, the City desires to modify section 22-7 A of the City Code of Ordinances to document the City 's process for designation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2 That Chapter 22 of the City Code of Ordinances, which Chapter is entit led "Streets and Sidewalks", at Article I, entitled" In General", at section 22-7 A, is created to read as follows: ARTICLE 1 -IN GENERAL CHAPTER22 STREETS AND SIDEWALKS * * * Sec. 22-7 A. Authority of City Commission to co-designate roads and streets, etc. The City Commission may, by resolution, adopt after a public hearing a co-designation of any local road, street, subdivision street or alley (referred to as "street" in this Section) within the City limits . All streets shall retain their current names as a co -d esignation. * * * (c) Petition. ill The applicant shall submit to the City Manager's Office the original copy of a petition which clearly states, on each page containing petition signatures, the full intent of the petition, which is signed by the owners of fifty percent (50%) of the properties which front on, back on, or have a mailing address containing the name of the affected street. ill If there are one hundred (100) or more prope1iies within a quarter-mile distance in all directions of the affected street, as determined by the City's Community Development Department. the owners of thirty percent (30%) of such properties. ill The petition shall contain, in addition to the signatures. the clearly printed names and complete Dania Beach addresses of all signatories who are property owners. In the event a petitioner or applicable property owner is an organization, all non-Dania Beach- resident organization members' names. addresses and signatures shall be substantiated by a list of organization members from the organization's official records. ill The person(s) collecting the signatures shall be required to attest or affirm via notarized affidavit, that the signatures are of the person residing at the property listed. was signed by that person. If it is determined that the information collected by the petitioner(s) is fa lse, the petitioner shall be charged with a fine of $500.00, and the City's costs associated with removing the name co-designation. The co-designation may be reversed by the City Commission and all costs associated with that process shall be charged to the Petitioner. ill Before issuing mailed notice. or posting notice, the applicant shall petition the community as provided above in subsections 22-7 A(c)(l) through ( 4). After the signatures required under the petition have been collected and certified. The City shall cover the cost of mailed notice, producing the co-designation signs. and installation of all co-designation signs. Ne m@Fe thaa eoe applieatieo will he autheri'i'lee aael fmteleel ey the City Gemmissien. peF fi.seal year. * * * ( e) Notification of Street Co-Designations -h LMail notification of a co-designation request shall follow the requirements identified in the City's Zoning variance procedures located at Section 610-20, of the Land Development Code (LDC) (1 ,000 feet), vlith the exeeption that property owners within one (1) mile shall be provided notiee of sueh request. 2. Nev,spaper notification shall follow the same requirements identified in the City 's Zoning varianee proeedures loeated at Seetion 610 20, of the Land Development Code (LDC). 2 ORDINANCE #2024-Wl ~ LSigns developed according to the same requirements as those provided through the City's Zoning variance procedures located at Section 610-20, of the Land Development Code (LDC). The signs shall be posted for thirty (30) days prior to submittal to the City Commission, at the beginning and end of the affected street and not more than 1,000 feet apart, between the two street ends and at all intersections with principal arterial roadways, as defined by the City. 4:-3. Any easts incurred by the City for mailing, notices, sign changes, aRd other out of pocket arterial roadv,ays, as defined by the City must be paid by the applicant. The City shall cover the cost of all mailed notice, fabrication of all co-designation signs, and installation of the signs. Only one application shall be authorized and funded by the City Commission, per year. ➔,-...-4,-Following a Final Determination by the City Commission, the City shall be responsible for providing notice of any approved changes to the City's Fire Department, Police Department (Broward Sheriffs Office District II Office,) the United States Postal Service, the Broward County Property Appraiser's and Tax Collector's offices and other applicable governmental agencies. * * * 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 all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 6 . It is the intention of the Mayor and C ity Commission of the City of Dani a Beach, and it is hereby ordained that the provis ion s of thi s ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "sect ion," "article," or other appropriate word. Section 7. That this Ordinance shall be effective 10 days after passage. -PASSED on first reading on t -(;\OY LA.ll.Y14 ·.z__ 1 , 2024. PASSED AND ADOPTED on second reading on _H~.....,ll.__(~(Ar\-=--~-1_1-_~, 2024. First Reading: . Motion by: &m rf\1,SS:tGY)ll ,ktn-e $ Second by: ~rn, .~<; iuo.er Da Vtf.- 3 ORDINANCE #2024-C(f1 Second Read~: I Motion by: {'$mm ,· s ~1m,e,C '=JCU'ne.,S Second by : Coibffi I SS:i 00£,r Tu \J) S FINAL VOTE ON ADOPTION: Unanimous Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ry an IV Yj No 7 7 --7 7 APPROVED AS TO FORM AND CORRECTNESS : 4 ARCHIBAL MAYOR ORDINANCE #2024-(Y_; 7