HomeMy WebLinkAbout1202-13 BOARD OF ADJUSTMENT 111111 DhI lull 1111 VIII 1111 X1111 lull 11111 lull 1111 VIII
2013112043
Rcpt:1531148 Rec: 18.50
ORDINANCE NO. 1202-13 DS: 0.00 IT: 0.00
06/26/13 K. Garcia, Dpty Clerk
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA AMENDING THE CITY OF ZEPHYRHILLS
CODE OF ORDINANCES, SECTION 30.014, "ORGANIZATION" �C
(BOARD OF ADJUSTMENTS); AND PROVIDING FOR AN EFFECTIVE 0 N
DATE. ca .
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WHEREAS, the voters of the City of Zephyrhills passed a referendum April 9, 2013 extending .
the terms of the Mayor, and City Council Members; and
WHEREAS, the City Council desires to match the terms of the Board of Adjustments to their c m
terms; and -^A
WHEREAS, the City Council wishes to update the organization of the Board of Adjustments to W
update the appointment process. N
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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, Section 3.014, "ORGANIZATION"
shall be amended to read as follows:
30.014 ORGANIZATION;
(A) Membership. The City Council shall create a Board of Adjustment and appoint
five reridents of the .> none of whom are officers or employees of the city,
and at least
one whom is a licensed building ^ r, raetor Appointment and Terms. There shall be five
members on this Board, all of which shall be registered voters of the City:of Zeph ry hills.
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 terms. In year one (2013) 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 (2014) 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). The Board of Adjustment
members shall be appointed prior to the annual installment in June at the beginning of
term.
(B) Alternate members. In addition, the City Council, may appoint an alternate
member. The alternate may act in the temporary absence or disability of any regular
member, or may act when a regular member is otherwise disqualified in a particular case
that may be presented to the Board. Initially the alternate shall be,appointed by City
Council for two years. The Board of Adjustment alternate shall be appointed prior to the
annual installment in June at the berg of the term.
Terms. Members of the Board of Adjustment shall see for overlapping terms of
three years. One term shall end after the first year of this subchapter, two the secnd
year, and two the third, so as to establish staggered terms.
(C) Removal from office. Any memberthe Board of Adjustment be removed
from office by the City Council upon written charges and after public hearing for just
cause including, but not limited to absence without valid excuse of more than three
meetings . Removal by eCouncil. City Council may remove any member of the
Board of Adjustment for just cause after written notice and public hearing before City_
Council. However, absences from three consecutive regular meetings shall cause a Board
member or alternate to be automatically removed from their seat, unless such absence is
excused by the majority vote of the Planning Commission with such excuses duly entered
into the minutes
Record and Return to:
City Clerk's Office
5335 8th Street �.
Zephyrhills, FL 33542
OR BK 8894 PG 1533
2 of 2
(D) 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 the occurrence.
(E) Chairperson; Vice Chairperson; Secretary; regulations, eetings. The
Board of Adjustment shall elect a Chairperson and a Vice chairperson amongit's
Board L.L L 1lLJ LLJ L111V11L shall
members. A Qualified city employee shall serve as Secretary. The terms of such office
will be for one year, with eligibility for re election. The Board of Adjustment shall adopt
transaction h ll keep public ,l of t
��f3" �rttl��cux�r— rTcC-6 resolutions,
transactions, findings,
and determinations. Meetings shall be held at the call of the
Chairperson and at such times the Board shall determine. 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 of Adjustment, 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.
(F) Legal Counsel. Legal counsel for the Board of Adjustment 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 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'sdesignated legal counsel.
SECTION 2: This Ordinance shall become effective upon passage on the second reading and
signing:by the IIayor.
f The fregoirig Ordirian'c�e No. 1202-13 was read and passed on the first reading in an open and
regular'neetiiig,of the Cif Council of the City of Zephyrhills, Florida, on this 22nd day of April,
2013.
4 -
Attelt:
' Lindh D. Bo ,o lty Clerk L S ith, Counci President
The foregoing,.Ordinance No. 1202-13 was read and passed on the second reading, following a
publiclier, , 'opgnand regular meeting of the City Council of the City of Zephyrhills,
Florida, of this 13th day'oiay, 2013.
Attesi:
kiiida Bo . City(ferk Lanc A.r1ith, Council President
The foregoing-OrdinanceJ>To.:1202-l3 was ap d by me this 1 th , 2013.
Dance- ess ., or
Approved as to legal form and legal content
for the reliance of the City of Zephyrhills only:
oseph A. Poblick, City Attorney