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Home My WebLink AboutO-2003-042 Amending Chapter 2 administration by amending article IV Code Enforcement Board 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EXCEPTIONS; DELETING SECTION 13.13 OF ARTICLE 13, "VIOLATIONS AND PENALTIES" OF CHAPTER 28, "ZONING" BECAUSE IT IS OUTDATED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.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and special exceptions explicitly includes such violations; and • WHEREAS the CityCommission desires to repeal an outdated provision of the p Code of Ordinances which pertains to "violations and penalties" (Section 13.13 of Chapter 28, of the City Code of Ordinances); and WHEREAS,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 •