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HomeMy WebLinkAbout1329-17 Combining Board of Adjustment and Code Enforcement I IIIIII IIIII I IIII 11111 IN III11111111111111111-111111111 MI , 2017173079 ORDINANCE NO. 1329-17 AN ORDINANCE OF THE CITY COUNCIL OF THE -CITY OF ZEPHYRHILLS, FLORIDA AMENDING THE CITY OF ZEPHYRHILLS CODE ' OF ORDINANCES, CHAPTER 30, "BOARDS`'`. _AND '` COMMISSIONS," REPEALING SECTIONS 30.010 THROUGH 30.016 AND SECTIONS 30.060 THROUGH 30.063; CREATING SECTIONS 30.080 THROUGH 30.087 WHICH ESTABLISHES THE BOARD OF ADJUSTMENT, CODE ENFORCEMENT, AND APPEALS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to combine the Board of Adjustment-and the Code . Enforcement Board into a single board to carry out the duties of both; and krWHEREAS, the City Council desires to establish rules and procedures for the new combined board; and WHEREAS, the City Council desires to for the new.combined board to be called "Board of Adjustment, Code Enforcement, and Appeals." NOW THEREFORE, BE IT ENACTED, AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, THAT: SECTION 1: The City of Zephyrhills Code of Ordinances, CHAPTER 30, Sections 30.010 through 30.016 and Sections 30.060 through 30.063 are hereby repealed. SECTION 2: Board of Adjustment, Code Enforcement and Appeals. Section 30.080 SHORT TITLE. 111 This subchapter may be referred to by short title as "The Zephyrhills Board of Adjustment, Code Enforcement, and Appeals Ordinance." (Rcpt:1906214 Rec: 52.50 ISection 30.081 COMPOSITION; OFFICERS DS: 2.20 F. , 0.00 F. 11/02/2017 M. , Dpty Clerk (A) Appointment; membership. '(1)" The City Council shall appoint a panel of five members to be known as the Board of Adjustment, Code Enforcement and Appeals, which board shall whenever possible consist of the following: PRULA S.O'NEI L,Ph.D.PASCO CLERK & COMPTROLLER (a) Engineer/architect. 11/02/2017 09:35am 1 of 6 (b) Building contractor. OR BK 9628 PG 473 (c) Electrical contractor. (d) Home inspector(licensed). (e) Plumbing contractor/mechanical contractor. The members, seats 1-5, shall be appointed individually by each member of City Council (seats matching) with approval of the majority of City Council and they shall serve for three-year staggered terms. In year one (2018) there shall be initially appointed two members for 1 year (seats 2 and 4); two members for two years (seats 3 and 5); one member for three years (seat 1); in year two (2019) there shall be appointed one member for two years and one member for three years (to match the term length of City Council seats 2 and 4, as determined in that election process). (2) Chair; Vice Chair; and Secretary. There shall be a Chair who shall preside at meetings. There shall be a Vice Chair, who shall in the absence of the Chair, preside over meetings. The Chair and Vice Chair shall be a regular member of the Board, and shall be elected by the membership each year at the first meeting after the appointment of new members. A qualified city employee will be assigned the duties of Secretary. The office of the City Clerk shall keep public record of such meetings. All meetings shall be public under the Government-in-the-Sunshine Laws. ie, Record and Return to: 4,' 'F City Clerk's Office ../:-'1, 1 5335 8th Street : ^'' Zephyrhills, FL 33542 OR BK 9628 PG 474 2 of 6 (3), Removal by Council., City Council.,may remove any member:-,of the..Board of Adjustment, Code Enforcement, and Appeals for,just cause ..;However, absences from three consecutive regular meetings shall cause a Board member to be automatically removed from their seat, unless such absence is excused by the.majority vote of the Board of Adjustment, Code Enforcement, and Appeals withsuch excuses duly.entered into the minutes. (4) Vacancies. Any vacancy occurring during the unexpired term of office of any member shall be filled by an appointment by the City Council for the remainder of the term. The vacancy shall be filled within 30 days of its occurrence. (5) Legal_counsel. Legal counsel_forthe Board_of.Adjustment, Code Enforcement, and Appeals shall be the City Attorney, except when a conflict shall be deemed to exist. At that time the City Council may authorize the appointment of an attorney for that limited purpose only. Members of the Board of Adjustment, Code Enforcement, and Appeals who may be brought to court for cases arising from their ethical participation in ordained responsibilities shall be represented by the City Attorney or the city's liability insurance company's designated legal counsel. Section. 30.082 POWERS AND DUTIES. The Board of Adjustment, Code Enforcement, and Appeals shall have the following powers and duties: (A) To hear and decideappeals when it is alleged that there is error .in: any order, requirement, decision, or determination made by an administrative official in the enforcement of the City Land Development Code. (B) To authorize, upon appeal, such variances from the terms of the zoning regulations as will not be contrary to the public interest when owing to special conditions; a literal enforcement of the provisions of the City Land Development Code would result in unnecessary-andundue-hardship. Variances-are assigned to 'specific--properties when -- - compliance with the regular zoning standards is not feasible. In order to authorize any variance from the terms of the City Land Development Code, the Board of Adjustment, Code Enforcement, and Appeals must.find: (1) That conditions and circumstances are peculiar to the land, structure or building involved, and. are not applicable to,other lands, structures, or buildings involved in the same zoning district; (2) That the special conditions and circumstances do not result.:from the actions of the applicant; (3) That granting the variance requested will not confer: on.the, applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district; (4) That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the City Land Development Code and would work unnecessary and undue hardship on the applicant; (5) That the variance granted is the minimum variance that will make possible the reasonable use of land,building, or structure; (6) That the grant of the variance will be in harmony with the general intent and purpose of the City Land Development Code and:that.the variance will not be injurious to the area involved or otherwise detrimental to the public.welfare. (C) In granting any variance, the Board of Adjustment, Code-Enforcement, and Appeals may prescribe appropriate conditions and safeguards. Violation of such conditions and OR BK 9628 PG 475 3 of 6 safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. (D) The Board• of Adjustment, Code Enforcement, and Appeals shall prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both. (E) Under no circumstances shall the Board of Adjustment, Code Enforcement, and Appeals grant a variance to permit a use not generally permitted in the zoning district involved. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district. And no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of variance. (F) The Board of Adjustment, Code Enforcement, and Appeals shall also have all the powers and duties set forth in Fla. Stat. Ch. 553. (G) A quorum shall be present for any official action. A quorum shall consist of three members. Meetings shall be held at such times as the Board of Adjustment, Code Enforcement, and Appeals may determine. Section 30.083 ADDITIONAL DUTIES; BUSINESS TAX REGISTRATION OR CONTRACTOR CERTIFICATE SUSPENSION. (A) The Board of Adjustment, Code Enforcement, and Appeals shall have the power to suspend or revoke the business tax receipt or contractor certificate of any contractor or specialty contractor, as the same are defined in Fla. Stat. Ch. 489, for failure to comply with any code, requirement, or regulation of the city and found guilty of any of the following acts or omissions: (1) Fraud or deceit in obtaining a business tax receipt or contractor certificate. • Gross negligence, iricorripetency, or misconduct in the'practice of'any or all construction within the meaning of this chapter or the Florida Building Code. (3) Abandonment of any contract or construction without legal excuse. (4) Diversion of property or funds received under express agreement for completion of a specific contract under this chapter. (5) Obtaining money or property with intention to defraud or deceive creditors or owners. (6) Fraudulent departure from or disregard of plans or specifications in any material respect without the consent of the owner, the Building Inspector, or an authorized representative. (7) The doing of any willful or fraudulent act as a contractor in any of the trades registered in consequence of which another is substantially injured. (8) Willful and deliberate disregard and violation of this chapter or the laws of the state. (B) The Board of Adjustment, Code Enforcement, and Appeals shall have the authority to hear and decide variance requests as follows: (1) Grounds for authorization. The Board may authorize a variance from the terms of this subchapter as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of this-subchapter would result in unnecessary and undue hardship. In order to authorize any variance from this subchapter,.the Board must find that: OR BK 9628 PG 476 4 of 6 (a) Special conditions and circumstances exist which are peculiar to the land, structureorbuilding involved and which are not applicable to other. lands, structures, or buildings; (b) The variance granted is the minimum variance. that will make possible the reasonable use of the land, building or structure; or (c) The grant of the variance will be in harmony with the general intent and purpose of this subchapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (2) Procedure. r , - (a) Variance requests shall be heard at public hearings held before the Board of Adjustment, Code Enforcement, and Appeals after notice of the time, place and purpose of such hearing has been given in the manner set forth in this section. The decision of the Board shall be based upon evidence adduced at the public hearing. (b) The public hearing referenced in this section shall be preceded by publication of notice of the time, place and purpose of the hearing in a newspaper of general circulation in the county, with the first such publication to be at least 15 days prior to the date of the hearing and the second such publication to be at least five days prior to the hearing. For the purposes of compliance with this section, notice of both hearings may be given simultaneously, provided the time requirements set forth in this section are either met or exceeded. - (3) Every decision of the Construction Code Enforcement/Licensing - Board shall be in writing and shall indicate the vote upon the decision. A = copy of the final order shall be sent by mail to the applicant, and a copy shall be kept in the office of the Building Official. (4) The Board may also conduct a public hearing concerning whether a - _ city certificate of competency or the permitting privileges of a state- registered or state-certified contractor shall be 'annulled, suspended or . revoked. (a) Such hearing shall not be held until ten days after notice of the _ _ - hearing has been hand delivered or. delivered by registered or • - certified mail to the last known address of.the certificate holder or registrant. , (b) After such hearing, the Board may annul, suspend or revoke any such certificate of competency or the permitting privileges of a state-registered or state-certified contractor pursuant to § 30.063. (c) The severity of any such suspension or revocation shall bear a reasonable relation to the gravity of the offense. (d) Any aggrieved party may appeal a final decision or order by the Board of Adjustment, Code Enforcement, and Appeals to the Circuit Court of the county. An appeal shall be files within 30 days of the decision to be appealed and shall not be a hearing de novo, but shall be limited to appellate review of record created before the Board of Adjustment, Code Enforcement, and Appeals. Section 30.084 PREFERENCE AND HEARING OF CHARGES Any person directly interested, any city inspector, or the architect or engineer of any building or construction may prefer charges against a contractor under this chapter or a violation of the J � OR BK 9628 PG 477 5 of 6 Florida Building Code. The charges must be made in writing and sworn to by the complainant and submitted to the Board of Adjustment, Code Enforcement, and Appeals. It will then be the duty of the Board of Adjustment, Code Enforcement, and Appeals, at the earliest possible date and not later than 30 days thereafter, to investigate the charges and render its decision without delay. A copy of the charges, together with the time and place of hearing, shall be served on the accused at least five days before the date fixed for the hearing. At the hearing, the accused shall have the right to appear personally or by counsel, to cross examine witnesses against him or her, and to produce witnesses and evidence in his or her defense. Section 30.085 ACTION OF BOARD ON CONVICTION OF CHARGES. (A) If, after the hearing provided for above, the decision of the Board of Adjustment, Code Enforcement, and Appeals is that the accused has been guilty of the charge or charges preferred against him,the Board may impose any of the following dispositions: (1) Place the contractor upon a period of probation, subject to any terms or conditions deemed appropriate by the Board. (2) Suspend the contractor's city business tax receipt or contractor certificate for a specific period of time. (3) Revoke the contractor's city business tax receipt or contractor certificate. (B) If the decision of the Board is to suspend the business tax receipt or contractor certificate of a contractor for a length of time, all permits issued by the city to the contractor will be suspended for the period of the contractor's suspension, and no refund of permit fees shall be made. (C) If the decision of the Board is to revoke the business tax receipt or contractor certificate of a contractor, all permits issued by the city to the person for the doing of work shall be revoked and withdrawn and no refund of permit fees will be made. Section 30.086. APPEAL PROCESS. (A) The Board of Adjustment, Code Enforcement, and Appeals may,upon appeal and in conformity with provisions of this chapter, reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination made by an administrative official in the enforcement of the city zoning regulations and related regulations and may make any necessary order, requirement, decision of determination and, to that end, shall have all the powers of the administrative official against whom the appeal is filed. The concurring vote of a majority of all the members of the Board of Adjustment, Code Enforcement, and Appeals shall be necessary to reverse any order or administrative official, or to decide in favor of the applicant on any matter upon which the Board of Adjustment, Code Enforcement, and Appeals is required to pass under this chapter. (B) An appeal shall be submitted to the Building Official within 30 days after rendition of the order, requirement, decision, or determination being appealed. The appeal shall be in the form prescribed by the rules of the Board of Adjustment. (C) The administrative official against whom the appeal is filed shall, upon notification of the filing of the appeal, forthwith transmit to the Board of Adjustment, Code Enforcement, and Appeals all the documents, plans, papers, or other materials constituting the record upon which the action appealed was taken. (D) Any appeal to the Board of Adjustment, Code Enforcement, and Appeals stays all work on the premises and all proceedings in furtherance of the action appealed unless the official against whom the appeal was filed shall certify to the Board of Adjustment, Code Enforcement, and Appeals that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Board of Adjustment, Code Enforcement, and Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. OR BK 9628 PG 478 6 of 6 (E) The Board of Adjustment, Code Enforcement, and Appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney. Appellants may be required to assume such, reasonable costs in connection with appeals as may be determined by the governing body. (F) Any person or persons,jointly or severally, adversely affected by any decision of the Board of Adjustment, or any officer, department, board, or commission of the city, may apply to the Circuit Court for judicial relief within 30 days after rendition of the decision by the Board of Adjustment, Code Enforcement, and Appeals. Review in the Circuit Court shall be either by a trial de novo, which shall be either governed by the Florida Rules of Civil Procedure, or by petition for writ of certiorari, which shall be governed by the Florida Appellate Rules. The election of remedies shall lie with the appellant. Section 30.087 VIOLATION. • Violation of this subchapter or any ordinance enacted pursuant to this subchapter shall be deemed a misdemeanor, punishable as provided by law. The City Council shall have recourse to such legal remedies as may be necessary to insure compliance with the provisions of any ordinance or regulation enacted pursuant to this subchapter. SECTION 3: This Ordinance shall become effective upon passage on the second reading and signing by the Mayor. 'I �tkeeb•rdi 9 dinance No. 1329-17 was read and passed on the first reading in an open and Aisfar meeting.eff the City Council of the City of Zephyrhills, Florida, on this 28th day of /4(igus49lh/, '..d. CP At s. 40.1 _ , .,• —« 60. adieu.. .. a• - `•', `,„IP'', Via; W. Alan Knight Cq cil President 411:4•.. _ ri The fokg►di g Ordinance No. 1329-17 was read and passed on the second reading, following a public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills, Fl1orida,Aft this 25th day of September, 2017. /0 :v v _ ill- - 01 y. " i 4 "^vw 1 : illtian, City Clerk . Alan Knight, C un 1 President A �y ls,pc�he ooi�rArdinance No. 1329-17 was approved by me this 25th day of September, 2017. ..........NI all O NZI '. .. / 1 , I, G= e Whitfield,i a• Approved as to legal form and legal content for the reliance of the City/of Zephyrhills only: / I Matthew E. Maggar , City Attorney