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HomeMy WebLinkAboutO-2004-039 CEB re jurisdictionORDINANCE NO. 2004-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 2 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ADMINISTRATION"; AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE IV, ENTITLED "CODE ENFORCEMENT BOARD",, SECTION 2-72 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE APPLICABILITY OF THE DANIA BEACH CODE ENFORCEMENT BOARD'S CONCURRENT JURISDICTION TO HEAR AND DECIDE CASES INVOLVING ALLEGED VIOLATIONS OF SPECIFICALLY ENUMERATED CODE CHAPTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 2, Article IV entitled "Code Enforcement," of the City Code of Ordinances is amended to read as follows: Sec. 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: Chqpter 2.5, Adult Entertairunent; Chgpter 3, Advertising; Chqpter 5, Animals and Fowl; Chapter 6, Beaches, Parks and Recreation; Chqpter 7, Bicygles- Chqpter 8, BuildiqgL Chqpter 11, Fire Protection and Prevention; Chqpter 12, Flood Damage Prevention; 11 I ORDINANCE NO.2004-039 Chgpter 13, Health and Sanitation; Chqpter 14, Junked and Abandoned Vehicles; Chgpter 15, Licenses; Chapter 16, Mobile Living Units; Chapter 21, Sales and Auctions; Chgpter 22, Streets and Sidewalks; Chgpter 24, Theaters; Chqpter 25, Division Six, Commercial and Recreational Vehicles; Chapter 26, Vegetation; Chapter 27, Water and Sewers; 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. Scction 2. 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all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict.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 3. 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 4. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on November 9, 2004. PASSED AND ADOPTED on second reading on November 23, 2004. 2 ORDINANCE NO.2004-039 0 -ATTEST: ,LOCISE STILSON -CITY'CLERK C.K. MCftYW MAYOR - COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES VICE -MAYOR MIKES- YES MAYOR MCELYEA - YES APPROVED AS TO FORM AND CORRECTNESS: BY: TH6M,4S J.ANSBRO CITY ATTORNEY 11 3 ORDINANCE NO.2004-039 0 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on November 23, 2004, at 7-00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinance entitled* AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 2 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ADMINISTRATION"; AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE IV, ENTITLED. "CODE ENFORCEMENT BOARD", SECTION 2-72 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE APPLICABILITY OF THE DANIA BEACH CODE ENFORCEMENT BOARD'S CONCURRENT JURISDICTION TO HEAR AND DECIDE CASES INVOLVING ALLEGED VIOLATIONS OF SPECIFICALLY ENUMERATED CODE CHAPTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Louise Stilson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. Run in Sun Sentinel: November 13, 2004 E /s/ Louise Stilson City Clerk