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Home My WebLink AboutP & Z Board Packet 4-25-07 City of Cape Canaveral PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE APRIL 25, 2007 AGENDA 7:30 P.M. Call to Order Roll Call NEW BUSINESS 1. Approval of Meeting Minutes: April 11, 2007. 2. Review & Recommendation to City Council Re: Proposed Chronic Nuisance Ordinance and Code Enforcement Citation Code - Todd Peetz, City Planner. 3. Discussion Re: Evaluation and Appraisal Report Process - Todd Peetz, City Planner. 4. Discussion Re: Existing Land Use and Zoning Maps - Todd Peetz, City Planner. OPEN DISCUSSION ADJOURN Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered at this meeting, that person will need a record of the proceedings, and for such purpose that person 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. This notice does not constitute consent by the City for the introduction or admission into evidence of othervvise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherlJise allovv'ed by la\v. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who mayor may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. 105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 .. FAX: (321) 868-1247 www.myflorida.com/cape .. email: ccapecanaveral@cfl.rr.com PLANNING & ZONING BOARD MEETING MINUTES APRIL 11,2007 A Regular Meeting of the Planning & Zoning Board was held on April 11, 2007, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1 st Alternate Ronald Friedman 2nd Alternate OTHERS PRESENT Shannon Roberts Council Member Kate Latorre Assistant City Attorney Todd Peetz City Planner Susan Chapman Secretary NEW BUSINESS 1. Approval of Meetinq Minutes: March 14,2007. Motion by Harry Pearson, seconded by Donald Dunn, to approve the meeting minutes of March 14,2007. Vote on the motion carried unanimously. 2. Recommendation to the City CouncilRe: Letter of Understandinq from the Florida Department of Community Affairs - Todd Peetz, City Planner. Todd Peetz, City Planner, gave an overview regarding the intent of the Letter of Understanding from the Florida Department of Community Affairs (FOCA). ' .- n~ explained that the Planning and Zoning Board, and City Council will be reviewing the Evaluation and Appraisal Report (EAR) at upcoming meetings; a part of that process is to hold community meetings to discuss relevant issues of the Comprehensive Plan; the community meetings will help determine through community input what is working well and what areas that the City can improve. He noted that the City held community meetings on August 22, 2006, January 25, 2007, and March 17, 2007. Planning & Zoning Board Meeting Minutes April 11, 2007 Page 2 Mr. Peetz explained that the letter represented the comments from each of the community meetings. He gave an overview of the results of a survey that was conducted with citizens of the City during the community meeting held on March 17, 2007. He advised that the FDCA will review the citizen concerns and may make suggestions or recommendations on how to proceed. He noted that the letter is recommended but, not required; and the letter requesting a "Letter of Understanding" does not limit the City's ability to make other recommended changes to the Comprehensive Plan. Mr. Peetz requested that the Board review and make a recommendation to City Council to request a Letter of Understanding from the FDCA. The Board members reviewed, discussed, and made recommended changes to the draft letter. The Board suggested that "Obtainable Housing" be changed to "Housing"; change the word "Provide" to "Research grants, programs, etc. for" more obtainable or affordable housing; and separate the terms: "City Hall/Town Center" because they are two different issues. By unanimous consensus, the Board agreed with the changes, as discussed. Motion by Harry Pearson, seconded by Bea McNeely, to recommend the draft letter, with the suggested changes, to the City Council for approval. Vote on the motion carried unanimously. <:> Discussion Re: Review of the Existinq Land Use and Zoninq Map - Todd v. Peetz, City Planner. Todd Peetz, City Planner, explained that part of the review and discussions' regarding the Evaluation and Appraisal Report (EAR) is to review the City's adopted maps. He stated that the intent of the discussion is to determine whether recommendations for land use changes should be identified for future discussion as part of both the EAR and EAR-based plan amendments. The Board members reviewed, discussed, and made suggestions regarding the existing land use map, an aerial with zoning lines, and the zoning map. The suggested changes included ensuring that all the City streets are named on the maps, and the size of the maps for the City meeting room should be a minimum of 60 inches. OPEN DiSCUSSiON Lamar Russell, Vice Chairperson, encouraged the Board members to review the City zoning map when the time comes to recommend the proposed short-term rental ordinance. Mr. Russell voiced his opinions and concerns regarding the proposed ordinance. Planning & Zoning Board Meeting Minutes April 11, 2007 Page 3 Kate Latorre, Assistant City Attorney, gave a brief overview of the proposed chronic nuisance and code enforcement citation codes material that was distributed to the Board members this evening. She advised that as per the City Manager, that City Council expressed a desire to strengthen and update the City's nuisance codes, and is seeking the Board's input as to how the City can better address nuisances Citywide. She commented that staff we be available to assist the Board as they work through the issues and, ultimately, make their recommendation to the City Council. Following a brief discussion, the Board members agreed to schedule this item for discussion on the Board's next agenda. The Board recommended that the Sheriff's department be involved with input and suggestions. There being no further business the meeting was adjourned at 9:18 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary Meeting Type: Planning & Zoning Meeting Date: 4/25/07 AGENDA Heading Discussion Item # No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Review and Recommend to City Council Comments for a Chronic Nuisance and Code Enforcement Citation Code DEPT. /DIVISION: Building Department I ~equ"'ted Actio.. . . ~.. ..... . . ] Kevlew and recommend comments to CIty CounCIl on proposed chromc nmsance ordmance and code enforcement cltatlon code. Summary Explanation & Background: A recent workshop meeting with the Sheriff's Departlnent revealed that there are rental properties that have a high frequency of calls. One property mentioned had over 160 calls in one year. There are two methods that could be utilized to abate a chronic nuisance property: 1) Expand the use code of code enforcement citations (civil citations), 2) Draft a chronic nuisance ordinance that would levy automatic fines for excessive nuisance calls. I have attached the City of Cape Canaveral (limited to fireworks and construction contracting violations) and the City of Sanford (very broad) code enforcement citation codes for comparative discussion. Also included is the City of Sanford's chronic nuisance code that provides for automatic fines for excessive nuisance calls for your review and discussion. I ! Exhibits Attached: 1) Cape Canaveral Code Enforcement Citation Code; Sanford Code I I I I Planning Official's Office Department I I I City of Cape Canaveral Ordinances regarding Issuance of Code Enforcement Citations Todd Morley, Building Official April 18, 2007 There are currently two violations for which the City Code Enforcement Officer can issue a civil citation: Sec. 2-283. Applicable codes and ordinances; class violation. (a) The following city codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: (1) Chapter 38, Article IV, Fireworks ... Class II. (b) In the event of a conflict between the civil penalties enumerated in this section and a civil penalty specifically enumerated elsewhere in this Code or other ordinances, the more stringent penalty shall apply. (Ord. No. 06-2004, S 2, 4-20-04) Sec. 82-377. Citation authorized for construction contracting violations. A code enforcement officer is hereby authorized to issue a citation for any violation ofF.S. ~~ 489.127 - - - and 489.132(1), whenever, based upon personal investigation, the code enforcement officer has reasonable and probable grounds to believe that such violation has occurred. A citation shall be issued in accordance with the rules and procedures established by this article and Florida Statutes. This article does not authorize or permit a code enforcement officer to perform any function or duty of a law enforcement officer. (Ord. No. 09-2004, S 1, 5-18-04) CitY Manager's Office Memo To: Code Enforcement Board, Planning & Zoning Board, & Beautification Board From: Bennett Boucher, City Manager tJ'?J I ~(1''(f' Date: April 5, 2007 Re: CHRONIC NUISANCE AND CODE ENFORCEMENT CITATION CODES City Council has expressed a desire to strengthen and update the City's nuisance codes, and is seeking your input as to how the City can better address nuisances Citywide. The attached materials are for your review and consideration. Staff will be available to assist your board as you work through these issues and, ultimately, your recommendation. BB:kmm Attachment 1 Meeting Type: Regular Meeting Date: 03-06-07 AGENDA Heading Discussion Item 8 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CHRONIC NUISANCE AND CODE ENFORCEMENT cn A TION CODES DEPT/DIVISION: ADMINISTRATION Requested Action: City Council discuss the merits of drafting a chronic nuisance ordinance and the expansion of the use of code enforcement citations (civil citations) to cure chronic nuisances. Summary Explanation & Background: A recent workshop meeting with the Sheriff's Department revealed that there are rental properties that have a high frequency of calls. One property mentioned had over 160 calls in one year. There are two methods that could be utilized to abate a chronic nuisance property: (1) Expand the use of code enforcement citations (civil citations), (2) Draft a chronic nuisance ordinance that would levy automatic fines for excessive nuisance calls. I have attached the City of Cape Ca..uaveral (lLrnited to fIreworks) and the City of Sanford (very broad) code enforcement citation codes for comparative discussion. Also included is the City of Sanford's chronic nuisance code that provides for automatic fmes for excessive nuisance calls for your review and discussion. I ! Exhibits Attached: Sa.r"1ford Codes; Cape Canaveral Cc.de Enforcement Citation Code I I Department ADMINISTRATION cape-nt\kim\mYdocuments\a~~in\council\meeting\2007\03_06-07\citation.doc DIVISION 3. CODE ENFORCEMENT CITATIONS Page 1 of6 ~ C?lf-?c~ (f1./Lt;\ t.~~~uY"'--> DIVISION 3. CODE ENFORCEMENT CITATIONS Sec. 2-280. Intent and purpose. (a) It is the intent and purpose of this division to provide a supplemental procedure for the enforcement of city codes and ordinances. Nothing contained in this division shall prohibit the city from enforcing its Code and ordinances by any other lawful means. (b) It is also the intent and purpose of this division to enhance the effectiveness of code enforcement within the city by authorizing the enforcement methods and penalties contained in this division for the betterment and promotion of the public health, safety, and welfare of the citizens of the city. (Ord. No. 06-2004, S 2, 4-20-04) Sec. 2-281. Definitions. The following words and phrases shall have the meaning ascribed herein unless the context clearly indicates otherwise: (a) Code enforcement officer shall mean city manager designated employees or agents whose duty it is to enforce the City Code and ordinances. Code enforcement officers may include, but are not limited to, code inspectors, building inspectors, the building official, law enforcement officers, fire safety inspectors, or any other employee or agent authorized by the city council and/or city manager. All such officers employed by the city shall receive training as prescribed by the city council and/or city manager. (b) Person shall mean any individual, associations, joint ventures, partnerships, corporations, trusts, sole proprietorships, and any and all other groups or combinations and legal entities. (c) Repeat violation shall be as defined by F.S. ch. 162, and as may be amended from time to time. (d) Violation shall mean the act of breaking, infringing or transgressing any provision of the City Code, its ordinances or other law by a person, pursuant to this division. (Ord. No. 06-2004, S 2, 4-20-04) Sec. 2-282. Authorization of citation program. (a) The city hereby adopts a code enforcement citation system to provide an additional and supplemental method of enforcing the enumerated codes and ordinances enumerated in section 2-283 or specifically made subject to this division elsewhere in the City Code. The enforcement method shall be by the issuance of citations for violation of duly enacted city codes and ordinances in accordance with the rules and procedures established by this division and F.S. eh. 162. (b) Code enforcement officers shal! not have the power of arrest for purposes of bringing a violation in compliance. For each violation, the code enforcement officer shall determine, using reasonable discretion, whether to prosecute the violation through the civil citation system under this division and/or the code enforcement board. (Ord. No. 06-2004, S 2, 4-20-04) http://libraryl.municode.com/mcc/DocViewIl2642/1/33/53/56 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 2 of6 ., ~ /' {~.'::/ C/t:vOti/O~,'""', <- Sec. 2-283. Applicable codes and ordinances; class violation. ~.. (a) The following city codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: (1 ) Chapter 38, Article IV, Fireworks '" Class II. (b) In the event of a conflict between the civil penalties enumerated in this section and a civil penalty specifically enumerated elsewhere in this Code or other ordinances, the more stringent penalty shall apply. (Ord. No. 06-2004, ~ 2, 4-20-04) Sec. 2-284. Training of code enforcement officers. (a) The training and qualifications of the code enforcement officers shall be established by the city councilor city manager. (b) Except for sworn law enforcement officers, the designation of code enforcement officers under this division does not confer the power of arrest or other law enforcement powers nor subject the code enforcement officers to the provisions of F.S. Ch. 943. (Ord. No. 06-2004, ~ 2, 4-20-04) Sec. 2-285. Citation powers; personal investigation; reasonable cause. Any code enforcement officer is hereby authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of the duly enacted code or ordinance which is either identified in section 2- 283 of this division or specifically made subject to this division elsewhere in the City Code, regardless of whether the violation constitutes a repeat violation. Nothing in this section shall prohibit thecity from enforcing its codes or ordinances by any other means. (Ord. No. 06-2004, ~ 2, 4-20-04) Sec. 2-286. Violation; penalties; general. (a) A violation of a city code or ordinance specifically made subject to this division is hereby deemed a civil infraction. (b) Each violation of a city code or ordinance specifically made subject to this division is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (c) The maximum civil penalty pursuant to this division, shall not exceed $500.00 plus all applicable court costs and legislative assessments, per violation. (d) Any citation issued pursuant to this article may be contested in county court. (e) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. S~ 775.082 and 775.083. (f) The provisions of this part shall not apply to enforcement pursuant to sections 553.79 and ," ',." http://libraryl.municode.com/mcc/DocView/12642/1I33/53/56 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 3 of6 {il-Cc; ~r/ c+ vc;tG-~ <-.. 553.80 of the Florida Building Code, as applied to construction, provided that a building permit is either not required or has been issued by the city. (Ord. No. 06-2004, ~ 2, 4-20-04) Sec. 2-287. Citation issuance procedure. All citations issued pursuant to this division by a code enforcement officer shall be in accordance with the following procedure: (a) Warning notice. Except as provided in subsection (b), a code enforcement officer shall provide a warning notice prior to issuing a citation. The warning notice shall at a minimum provide the following: (1) The code or ordinance provision violated; (2) The date of the issuance of the warning notice; (3) Specified time for compliance (the time period for compliance shall not exceed 30 days); (4) Maximum amount of fine if violation is not corrected; (5) Code enforcement officer's signature; and (6) A place for the signature of the person receiving the warning. If upon personal investigation, the code enforcement officer finds that the person has not corrected the violation within the time period, the code enforcement officer may issue a citation to the person who has committed the violation. The citation shall be in a form proscribed in section 2-288. (b) Repeat violation, serious threat to public, or irreparable. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to the issuance of a citation and may immediately issue a citation if a violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. (e) Delivery of citations. After issuing a citation to a person, the code enforcement officer shall: (1) Deposit the original citation and one copy of the citation with the clerk of court for the Brevard County Court. (2) Provide the person cited with one copy; and (3) Retain one copy in the code enforcement officer's case file. (d) Issuing citations to persons. Written warning notices, if applicable, and citations shaii be issued to a person as follows: (1) If the person is an individual, the code enforcement officer shall issue the warning notice or citation to the person by hand delivery. In the absence of the person who has committed the violation, issuance of a warning notice or citation may be accomplished by leaving a copy of the warning notice or citation at a person's usual place of residence with any person residing therein "",ho is 15 years of age or oider and informing the person of the contents or forwarding a copy of the warning notice or citation by registered or certified mail, return receipt requested. (2) If the person is a business or other entity, the code enforcement officer shall issue the warning notice or citation to any employee or principal of the entity, during regular business hours, and inform the employee or principal of the contents or by forwarding a copy of the warning notice or citation by registered or certified mail, return receipt "d"",..http:1 IIi brary l.municode. com/mcc/Doc View 112642/1 133 153/5 6,.d'."..,0c'''''%\+'''''''' """"""""""2/27/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 4 of6 C~6 (.:A./V1"i ut?'V1 L- requested. Each employee of the business or principal shall be deemed to be an agent of the business for service of warning notices and citations. (e) Person required to sign citation. Except in the absence of the person who has committed the violation, a code enforcement officer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation, the code enforcement officer shall write the words "refused to sign" or any other words of similar meaning in the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible, or mail a copy to the person, if possible, by registered or certified mail, return receipt requested. Following such refusal to sign and accept, the code enforcement officer shall also contact the city police department to report such violation of section 2-286(e) and F.S. S 162.21(6). (Ord. No. 06-2004, S 2, 4-20-04) Sec. 2-288. Citation form. Unless a uniform code citation is promulgated by administrative order issued by the chief judge of the 18th judicial circuit or state statute, the citation issued by a code enforcement officer shall be in a form prescribed by the city council by resolution, and shall contain at a minimum the following: (a) The date and time of issuance; (b) The name and address of the person to whom the citation is issued; (c) The date and time the civil infraction was committed; (d) The facts constituting reasonable cause; (e) The number or section of the code or ordinance violated; (f) The name and authority of the code enforcement officer; (g) The procedure for the person to follow in order to pay the civil penalty or to contest the citation; (h) The applicable civil penalty if the person elects to contest the citation; (i\ The applicable civil penalty if the person elects not to contest the citation; and "r U) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty . (Ord. No. 06-2004, S 2, 4-20-04) Sec. 2-289. Payment of penalty; court hearings. (a) Citation not contested. If the person elects not to contest the citation, the person shall pay in full the applicable civii penalty, made payable by cash or check to the city and delivered to the city manager, within 14 calendar days after issuance of the citation. The civil penalty shall be deposited in the city's general fund. By paying the citation, the person shall be deemed to have admitted the infraction and waived the right to a hearing. The city manager shall instruct the code enforcement officer who issued the citation to promptly notify, in writing, the clerk of the court for the county court that the person elected not to contest the citation and the matter involving the particular paid citation has been closed and requires no hearing before the court. http://libraryl.municode.com/mcclDocView/12642/1/33/53/56 2/27/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 5 of6 C~/ CCVV(xv.&1-~ _ (; (b) Failure to pay citation and request court hearing. If the person cited fails to pay the civil penalty by the 14th calendar day after the issuance of the citation or fails to request a court hearing within the time prescribed in subsection (c), the person shall have waived any right to contest the citation and a judgment shall be entered against the person cited in an amount up to the maximum civil penalty plus applicable court costs. In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to payor request a court hearing. Failure to respond to an order to show cause may result in issuance of an arrest warrant or other lawful action by the court. (c) Citation contested. If the person elects to contest the citation, the person shall, within 21 calendar days of issuance of the citation, request, in writing, the clerk of the court for the county court to schedule a hearing before a county judge. The person shall immediately notify the city of the request for hearing by U.S. mail or hand delivery to the city manager. Said hearing shall be scheduled as soon as the court calendar shall permit. (d) Judicial determination of violation and penalties; civil judgments; payment of civil judgment. (1) A county judge, after a hearing on the citation, shall make a determination whether or not a violation of the code or ordinance cited has been committed. If a violation is found to have occurred, the county judge may order the violator to correct the violation and may impose a civil penalty up to the maximum civil penalty plus all applicable costs of prosecution and legislative assessments, plus applicable court costs; in no event, however, shall such civil penalty imposed by the county judge be less than the reduced civil penalty set forth herein. (2) The county judge may provide for the civil penalty to be paid, and the violation to be corrected, within such time as the county judge determines to be appropriate. If the person found to be in violation fails to pay the civil penalty or correct the violation within the time provided, a civil judgment shall be entered against that person in an amount up to the maximum civil penalty plus applicable court costs. (3) Should the person cited schedule a hearing as provided for herein and thereafter fail to appear at such hearing, the person shall be deemed to have waived the right to contest the citation, and a civil judgment shall be entered against the person in an amount up to the maximum civil penalty plus applicable court costs; provided, however, that the court shall have the discretion to continue or reschedule any hearing when it determines that doing so will further the interest of justice. In such an event, theclerk of the court shall notify the code enforcement officer and the person cited of the date and time of the hearing, In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to appear at the hearing. Failure to respond to the order to show cause may result in issuance of an arrest warrant. f..t1 \ Should the person cited willfully fali to comply with a court oider to abate or correct \ '/ the violation, the court, after due notice and hearing on the matter, may hold the violator in civil contempt and may enter an order to that effect. (5) In the event that a civil judgment is entered against the person cited as provided herein, the city may record a certified copy of said judgment in the official records of the county and the same shall thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. (6) In the event that an order is entered finding that a violation of the ordinance cited has been committed, the city may record a certified copy of said order in the official records of the county and the same shall thereafter constitute notice to and be binding upon the violator and any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the findings therein shall be binding upon the http://libraryl.municode.comlmcc/DocView/12642/1I33/53/56 2/27/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 60f6 C~c-!' -, ../ (-n,A/ C\-1/t.(}1-./YL violator and any subsequent purchasers, successors in interest or assigns ifthe violation concerns real property. (7) Payment of any civil penalty imposed by civil judgment or county judge shall be made to the clerk of the court, who shall forward the monies collected to the city manager for deposit into the city's general fund. If a judgment has been entered for the civil penalty, the clerk of the court shall notify the city when the judgment has been paid and the necessary satisfaction of judgment shall be prepared and recorded in the official records of the county. (8) Should the provisions of this section conflict with any administrative order issued by the court which sets forth the court's procedures required for handling code enforcement citations, the conflicting provisions of the court's administrative order shall prevail. (Ord. No. 06-2004, ~ 2, 4-20-04) Sec. 2-290. Authorization to enter upon property. A code enforcement officer charged with the duty to enforce this division shall have the right to enter upon private real property in accordance with applicable federal and state law. If entry upon private real property is denied, the city manager is hereby authorized to direct the city attorney to obtain an inspection warrant from a court of competent jurisdiction for purposes of authorizing a code enforcement officer to inspect the private real property and personal property thereon. (Ord. No. 06-2004, ~ 2, 4-20-04) Sec. 2-291. Classes of violations and penalties. (a) All violations of city codes and ordinances authorized for enforcement under this division shall be classified and assigned civil penalties as follows: TABLE INSET: Violation Civil Penalty Class I $;00.00 Class II 200.00 Class III 300.00 Class IV 500.00 (b) Any city code or ordinance enacted subsequent to the adoption of this division may set forth the applicable civii penalty for violations by designating the appropriate violation classification provided in this section. (c) All city code or ordinance provisions which are subject to this division and which do not specifically set forth an applicable civil penalty classification shall be penalized as a class I violation. (Ord. No. 06-2004, S 2, 4-20-04) Secs. 2-292--2-299. Reserved. http://libraryl.municode.com/mcc/DocView/12642/l/33/53/56 2/27/2007 ARTICLE III. CODE ENFORCEMENT cn A TION PROCEDURE Page 1 of7 S~,rr~/;: OlcLJ ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Sec. 26-71. Intent. The city hereby creates a supplemental and additional method of enforcing its codes and ordinances by the issuance of citations for violation of city codes or ordinances. The provisions of this article may be used for the enforcement of any city code or ordinance, or for the enforcement of all city codes and ordinances unless prohibited by law. Nothing contained in this article shall prohibit the city from enforcing its codes or ordinances by any other means. (Code 1973, S 18-80; Ord. No. 3098, S 1,3-9-1992) Sec. 26-72. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Code enforcement officer means any employee or agent of the city who has been designated by the city commission to enforce the city's codes and ordinances. (Code 1973, S 18-81; Ord. No. 3098, S 1, 3-9-1992) Cross references: Definitions generally, S 1-2. Sec. 26-73. Designation, qualifications and training of code enforcement officers. The city commission is authorized to designate by resolution certain of its employees or agents as code enforcement officers. The training and qualifications of the employees or agents designated as code enforcement officers shall be determined by resolution of the city commission. Designation as a code enforcement officer does not provide the code enforcement officer with the power to arrest or subject the code enforcement officer to the provisions of F.S. SS 943.085--943.255. Nothing in this article amends, alters or contravenes the provisions of any state-administered retirement system or any state-supported retirement system established by general law. (Code 1973, 9 18-82; Ord. No. 3098, S 1, 3-9-1992) Sec. 26-74. Authority of code enforcement officers. All code enforcement officers are authorized to issue a citation to a person when, based upon personal investigation, the code enforcement officer has reasonable cause to believe that the person has committed a civil infraction in violation of a city code or ordinance and that the county court will hear the charge. (Code 1973, S 18-83; Ord. No. 3098, ~ 1, 3-9-1992) Sec. 26-75. Issuance of warning notices and citations. Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time periOd shall be no more than 30 days. If, http://libraryl.municode.comlmcc/DocView/19985/1I67170 2/27/2007 ARTICLE III. CODE ENFORCEMENT eIT A TION PROCEDURE Page 2 of7 Sc-1)/"'v,.Li:J/~--O upon personal investigation, a code enforcement officer finds that a person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (Code 1973, S 18-84; Ord. No. 3098, S 1,3-9-1992) Sec. 26-76. Service of warning notices and citations. (a) A copy of warning notices and citations shall be provided to the alleged violator by hand delivery by the code enforcement officer. In the absence of the alleged violator, the warning notice or citation shall be delivered to the alleged violator by leaving a copy of the warning notice or citation at the alleged violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the warning notice or citation or by registered or certified mail, return receipt requested. (b) Whenever an alleged violator has a right or is required to do some act within a prescribed period after a warning notice or citation is delivered by mail, three days shall be added to the prescribed period. (Code 1973, S 18-85; Ord. No. 3098, S 1, 3-9-1992) Sec. 26-77. Violation classification and civil penalty. (a) Violations of city codes or ordinances and the applicable civil penalties shall be classified as follows: TABLE INSET: Violation Civil Penalty Classification Class I $ 50.00 Class II 100.00 Class III 200.00 Class IV 300.00 City codes and ordinances subsequently enacted or amended may set forth the applicable civil penalty for violations by designating the appropriate violation classification. (b) Each violation of a city code or ordinance in the schedule of violations in section 26-78 is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (c) Court costs in the amount of $10.00 per citation collected shall be retained by the clerk of the circuit court. The civil penalties set forth in this section include the court costs. (Code 1973, S 18-86; Ord. No. 3098, ~ 1! 3-9-;992) Sec. 26-78. Schedule of violations. http://libraryl.municode.comlmcclDocView/19985/1I67170 2/27/2007 ARTICLE III. CODE ENFORCEMENT cn A TION PROCEDURE Page 3 of7 ..Scr/l/ f eVe..!) (a) Violation of the following city codes or ordinances is a civil infraction for which a citation may be issued: TABLE INSET: Chapter/Section Code Requirement Class 9 14-4 Keeping live fowl within 150 feet of dwellings. Class I 9 14-39(a) Keeping more than 3 dogs or 3 cats at or within residential Class dwellings. I 9 18-84 Posting of numbers to be affixed to building, mailbox or other Class approved structures so as to be visible and legible. I Allowing accumulation of junk/trash, wild growth in excess of Class 938-143 18 inches in height and grass in excess of 12 inches in I height. Ch. 38, art. V, div. 3 Keeping of junk cars and parts. Class (938-171 et seq.) J 9 54-6 Driving over curbs prohibited. Class I 954-7 Peddling and display of materials, except from licensed Class vehicle, prohibited; requirements to move to new location. I Ch. 62, art. II Recreation ramp requiring city commission approval with Class (962-31 et seq.) conditions. I Ch. 82, art. II Garage sales frequency, hours, advertisement and signage Class (982-31 et seq.) regulations. I 9 86-35 Watertight garbage receptacles with a capacity of not more Class than 30 gallons required. I 9 86-36 Garbage receptacles and plastic bags shall be placed at the Class curb. I 9 86-37 Yard trash shall be properly prepared and placed at the curb. Class I & 86-39 Wet garbage shall be placed in watertight and airtight plastic Class bags or receptacles. I ! ~ 86~40(a), (b) All refuse fruit and vegetables shall be kept in plastic bags or I ~Iass I I receptacles until removed by the city. I 9 86-41 Industrial waste shall be stored, collected and removed as Class required by city, state and federal laws. I S 86-43(a) Use of refuse container not authorized by city. Class I S 86-43(c) Removal of refuse or recyclable materials from an approved Class I container. III~-- 9 86-43( d) Entering or being inside a city-furnished refuse container. Class I S 86-44 Scattering of refuse. Class I I ! http://libraryl.municode.comlmcclDocView/19985/1/67170 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 4 of7 5 ~J1J/Or0 $ 86-47(c)(1) Changing location of container without approval. Class I $ 86-50 Construction waste responsibility of the owner/occupant. Class I $ 86-52(b) Placement of putrescible materials in recycling containers. Class I S 98-91 City license required to engage in occupations, businesses or Class professions. II Tampering with, unauthorized work on, unauthorized connection to, or in any way altering, damaging any part of the city's utility system, including potable water, reclaimed S 102-1(a) water, sanitary sewer and/or stormwater systems prohibited. Class Tampering or unauthorized work shall include, but not be II limited to, unauthorized operation of city valves, meter tampering, straightlining, unauthorized taps, line rupture and/or illegal dumping. S 102-35 Discharge of any substance or materials which are harmful to Class the operation of the sanitary sewer system. III Obstruction of the flow of any public sewer or clog any Class S 102-36 appurtenance thereof or place any substance, solid or liquid, I other than waste products prohibited. No user shall contribute any pollutant or wastewater (directly $ 102-271 or indirectly) which will interfere with the operation or Class performance of the publicly owned treatment works (POTW). I $ 102-511 Cross connection to the city's potable water system Class prohibited. I $ 102-551 Stormwater discharges to the MS4 and waters of the United Class States. III LOR ~ 3.6(A) Site development permit required prior to construction or Class alteration. I LOR $ 3.6(8) Certificate of completion required prior to occupancy or Class change of use. I LDR S 5.2 Development plan review required prior to construction Class subject to exemptions. I LDR S 5.8 Maintenance of approved improvements. Class I LOR S 7A(C) Failure to maintain common areas, faciiities and Class improvements. I LDR Schedule E, Inoperative vehicles and equipment to be located in buildings Class $ 1.0(A) or rear yard and screened per requirements. I LOR Schedule E, Vehicles and equipment to be set back at least 15 feet along Class I S 1.0(8) street and ten feet along other parcel lines; no vehicles or , I equipment to be iocated in required buffer. I' LDR Schedule E, Outdoor display related to retail safes and services shall be Class S 2.0(A) prohibited by definition and screened when required. I LOR Schedule E, Home occupation regulations related to display, floor area, Class $ 3.0 structures, uses, motors, family members, noise, odors, and I application. ! -----. I http://libraryl.municode.com/mcclDocView/19985/1/67170 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 5 of7 \" /17 'Lfl ......>V\ /l/. . LOR Schedule E, Outdoor storage and/or display for miscellaneous business Class and services, commercial amusements, wholesale and S 10.0 storage and manufacturing. I LOR Schedule F, Commercial vehicles shall not be parked or stored in Class S4.0 residential zoning districts. I LOR Schedule F, Inoperable or unlicensed vehicles shall not be parked or Class S 5.0 stored in residential zoning districts. I LOR Schedule J, Vehicular encroachment prohibited within required buffer. Class S 3.2(0) I LOR Schedule J, Barbed wire and/or chain link fence prohibited within required Class S 3.2(E) buffer. I LOR Schedule J, Site development permit required prior to cutting down, Class S 4.1 destroying, removing or moving any living tree. I LOR Schedule J, Maintenance of required landscape as long as the use Class S 7.0 continues to exist. I Animated signs, billboards, flashing signs, snipe signs, LOR Schedule K, sandwich signs, seawall signs, beacon lights, bench signs, Class S4.0 signs on public property, immoral display, obstructions and I streamers, spinners and pennants prohibited in all zoning districts. Regulation of signs identifying activity conducted on premises LOR Schedule K, for commercial, automotive, miscellaneous business and Class S 5.0(E) services, industrial, agricultural processing establishments I and transient lodging and entertainment uses. LOR Schedule K Regulation of banner signs. Class I LOR Schedule K Regulation of mobile trailer signs. Class I LOR Schedule K Regulation of motor vehicle signs. Class ! LOR Schedule K, Regulation of political campaign signs. Class S 6.1 I LOR Schedule K, Regulation of lighting. Class S 7.0 I LDR Schedule K, Adequate maintenance of signs required. Class ~ a.D(e) I I no S-l..-rl' 'Ie C' I Violations of Schedule S I Class I 1...'-'1'\ . ....IICl.U v I General fire safety regulations for reporting hazards, General fire safety notification, disposal, access, storage, overcrowding, Class regulations combustive decorations, protection, extinguishing systems, Ii standpipes. (b) The citations issued pursuant to subsection (a) of this section may be contested in county court. (Code 1973, ~ 18-87; Ord. No. 3098, S 1, 3-9-1992; Ord. No. 3148, S 2,4-12-1993; Ord. No. 3386, ~ 2, 2-23-1998; Ord. No. 3544, S 1, 2-29-2000; Ord. No. 3671, S 1, 10-22-2001) http://libraryl.municode.com/mcc/DocView/19985/1/67/70 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 6 of7 ~0 /l/ /' o.'Z.'~ Sec. 26-79. Procedures to pay penalty or contest citation. (a) Any person cited for a violation under section 26-78(a) shall, within 30 days of issuance of the citation: (1 ) Pay the civil penalty set forth in the schedule of violations at the clerk of the circuit court's office; or (2) Contest the citation in county court through appearance at the clerk of the circuit court's office to receive a court date. (b) If the person cited pays the civil penalty as provided subsection (a)(1) of this section, he shall be deemed to have admitted the civil infraction and to have waived his right to a hearing to contest the citation. (c) If the person cited appears at the clerk of the circuit court's office to receive a court date as provided in subsection (a)(2) of this section, he shall appear on such court date to contest the citation in county court and he shall be deemed to have waived his right to the civil penalty set forth in the schedule of violations and shall be subject for each violation to the maximum civil penalty, which shall not exceed $500.00 plus any applicable court costs. (d) If the person cited fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and judgment may be entered against the person for an amount up to the maximum civil penalty, not to exceed $500.00. (e) Any person who willfully refuses to sign or accept a citation issued by a code enforcement officer or refuses to provide the information required in the citation shall be in violation of this section and such violation shall be prosecuted as a misdemeanor of the second degree, punishable as provided in F.S. 9775.082 or F.S. 9775.083. (Code 1973, 9 18-88; Ord. No. 3098,91,3-9-1992) Sec. 26-80. Citation contents. The citation issued by the code enforcement officer shall be in a form prescribed by the city and shall contain: (1 ) The date and time of issuance. ('" The name and address of the person to whom the citation is issued. .c..) (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code enforcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (8) The applicable civil penalty if the person elects not to contest the citation. (9) The applicable civil penalty if the person elects to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to http://libraryl.municode.com/mcc/DocView/19985/1/67170 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 7 of7 SC'1.?./ ~ CJ7~ have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (Code 1973, S 18-89; Ord. No. 3098, S 1, 3-9-1992) Sec. 26-81. Disposition of citations and civil penalties. (a) After issuing a citation to an alleged violator, the code enforcement officer shall: (1 ) Deposit the original citation and one copy of the citation with the clerk of the county court; (2) Provide the alleged violator with one copy; (3) Deposit one copy with city clerk; and (4) Retain one copy in the code enforcement officer's department file. (b) All civil penalties received by the county court from violators of city codes or ordinances shalf be paid into the general fund of the city in the penalty and fine account. All court costs shall be retained by the clerk of the circuit court. (Code 1973, S 18-90; Ord. No. 3098, S 1, 3-9-1992) Sec. 26-82. Provisions supplemental. It is the legislative intent of this article to provide an additional and supplemental means of obtaining compliance with city codes and ordinances. Nothing contained in this article shall prohibit the city from enforcing its codes or ordinances by any other means. (Code 1973, S 18-91; Ord. No. 3098, S 1, 3-9-1992) http://libraryl.rnunicode.com/rncclDocView/19985/1/67170 2/27/2007 - ARTICLE IV. CHRONIC NUISANCE PREMISES Page 1 of6 S n.-rV/~O/2-LJ ARTICLE IV. CHRONIC NUISANCE PREMISES Sec. 78-115. Legislative findings and intent. (a) The city commission finds that any premises that has generated more than the calls for police service or code enforcement responses for nuisance activities found in section 78-117, (monthly allowance), has received more than the level of general and adequate police service and code enforcement activity and has placed an undue and inappropriate burden on the taxpayers of the city. The city commission, therefore, directs the city manager, or designee, to charge the owners of such premises at which nuisance activities chronically occur. (b) The above recitals are hereby adopted as legislative findings. (c) It is the intent of the city commission to encourage the appropriate management of residential rental properties, to ensure that rental properties are maintained in a high-quality manner as required of all residential properties and to ensure that residential rental properties are maintained with the care necessary to ensure code compliance as evident in the vast majority of owner-occupied residences located within the city. (d) The recitals (whereas clauses) to Ordinance No. 3947, from which this article is derived constitute additional legislative intent and findings of the city commission relative to the enactment of this article. (Ord. No. 3947, S 2, 7-25-2005) Sec. 78-116. Definitions. As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended and the definitions set forth in F.S. SS 509.242 and 320.01(2)(b), shall apply to the interpretation of section 78-123 of this article as shall the terms defined otherwise in the land development regulations of the city. Absentee owner means an owner of residential rental property who does not live within the jurisdictionellimits of Seminole County, Florida and counties abutting Seminole County. City means the City of Sanford, Florida. Gonsurr/ptiar; af Jaw enforcement services means the presence of one or more certified law enforcement officer(s) or code enforcement officer(s) employed by the city on a unit of real property in response to an activity or condition existing or alleged to be existing upon the property resulting from a response other than at the convenience of the city police department or the city code enforcement office. The presence may be caused by the request of any person upon the property or information developed by the city pOlice department or the city codeenforcement office from any source warranting a response to the property. Excluded from this definition are courtesy inspections, criminal investigations of matters not arising from or connected with the property and paid off-duty details of police officers. Incident of service means each time one or more city police officer(s) or city code enforcement officer(s) commences and completes a response to an identifiable unit of property as recorded by the Seminole County Sheriffs Communication Center's computer aided dispatch system or a written report of a police officer or code enforcement officer which sets forth the time the officers were present upon the property. Responses caused by false reports of nuisance activity initiated by third parties with the intent of harassing theunit of property, or for criminal activity that commences elsewhere and / ~\ subsequently comes upon. a u.nit of prop~rty des~ite. reasonable. efforts of persons responsible for thE1 \.J unit of property to exclude It, Will not constitute an inCident of service. I \')! \ 1-/ '\.J http://libraryl.municode.com/mcc/DocView/19985/1/145/151 2/27/2007 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 2 of6 SA /\/;: 0/(0 Unit of real property means any contiguous lands within the city which are under common ownership or are devoted to a single use, whichever is greater. Common ownership shall include all entities from which the same natural or fictitious person or people have ultimate benefit. Contiguous land shall include those separated by easements, sidewalks, alleys, right-of-ways and water bodies. Monthly period means any consecutive 3D-day period. Nuisance activity means any activity, behavior or conduct whenever engaged in by premises owners, operators, occupants or persons associated with a premises that could be enforced by means of a proceeding before the city's code enforcement board, through citation as set forth in this Code, through nuisance abatement, or relating to any actions or offenses relating to the following subject matter: (1) Firearms and weapons; (2) False alarms; (3) Harassment of a neighbor, disorderly conduct, or disturbing the peace; (4) Battery, substantial battery or aggravated battery; (5) Indecent exposure; (6) Keeping a place of prostitution, or otherwise using the premises for the purpose of prostitution; (7) Littering, solid waste or public health; (8) Arson; (9) Possession, manufacture or delivery of a controlled or illegal substance or related offenses; (10) Gambling; (11) Animal or fowl; (12) Trespass to land or criminal trespass to a dwelling; (13) Production or creation of excessive noise or vibration; (14) Loitering; (15) Public drinking and other matters relating to alcoholic beverages; (1 R\ Intoxicating beverages; \ .-, (17) Unpermitted or illegal business; (18) Selling or giving away tobacco products to underage persons; (19) Hiegal sale, discharge and use of fireworks; (20) Junk vehicles; (21 ) Action deemed a nuisance under state law; (22) Any action that is a violation of this Code which could be enforced by the provisions of this Code implementing the provisions of F.S. eh. 162; I?~\ Act of aiding and abetting of the activities, behaviors or conduct enumerated in this \6-'-' I article; or (24) Conspiracy to commit or attempt to commit any of the activities, behaviors or conduct enumerated in this article. Person associated with means any person who, whenever engaged in a nuisance activity, .. http:(tlibraryl.municode.com/mcclDocView/19985/1/145/151 2/27/2007 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 3 of6 .S'C1/V~ o/Z.LJ enters, patronizes, visits or attempts to enter, patronize or visit, or waits to enter, patronize or visit, a premises or person present on a premises including, but not limited to, any officer, director, customer, agent, employee or independent contractor of a premises owner. (Ord. No. 3947, S 3, 7-25-2005) Sec. 78-117. Monthly allowance of services; user charges; service fees imposed. (a) The city commission has determined that the following number of service calls is a reasonable and permittable number of nuisance activities calls for city law enforcement and/or code enforcement personnel to respond to on a monthly basis: TABLE INSET: Type of Property 3D-Day Period Allowance Single-family resident or duplex.......... 3 calls Multi-family residences, including: Apartments; hotels; motels.......... 3 caBs Businesses........ .. 3 calls (b) The city commission has determined that nuisance activity calls in excess of the monthly allowance of nuisance activity calls as set forth in this article shall be subject to a reasonable user charge/service fee as set forth in this section. (c) No user fee shall be charged for the first three calls for service pertaining to a nuisance activity in a 3D-day period. (d) The fourth call for service pertaining to a nuisance activity in a 3D-day period shall result in a $250.00 service fee being charged to the owner of the property on which the nuisance activity has occurred. (e) The fifth call for service pertaining to a nuisance activity in a 3D-day period, and every call thereafter within said 3D-day period, shall result in a $500.00 service fee being charged to the owner of the property on which the nuisance activity has occurred. (Ord. No. 3947, S 4,7-25-2005) Sec. 78-118. Notification of the nuisance activity procedures. Whenever the city manager, or his or her designee, determines that more than the monthly allowed sen/ices for nuisance activities could occur or have occurred at a premises during a 3D-day peiiod, the city manager, or his or her designee, may notify the premises owner and the person causing the nuisance activity, if they reside at the premises and is not the owner, in writing, that the premises is in danger of becoming or has became a chronic nuisance. This notice shall be deemed to be properly delivered ifsent either by certified U.S. Mail, return receipt requested, to the premises owner{s) last known address or if delivered in person to the premises owner. If the premises owner cannot be located, the notice shall be deemed to be properly served on any person as may be permitted by FS. ch. 48. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by certified U.S. Mail, return receipt requested, to the last known address of the owner as identified by the records of the county property appraiser. Additionally, the notice may be perfected, if posted or published in accordance with the provisions of F.S. S 162.12, or its successor provision. The notice shall contain: (1 ) The street address or legal description sufficient for identification of the premises which shall be sufficient if the tax parcel identification number assigned by the county ,c..sccs,,,http://library 1.municode.com/mcclDoc View1l998511/1451l51 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 4 of6 5.v'l/v' / v/ZLJ property appraiser is used; (2) A description of the nuisance activities that have occurred at the premises and a statement indicating that a service fee will be or is being assessed against the owner of the premises; (3) A notice of the premises owner(s) right to appeal pursuant to this article; (4) A statement that the premises owner shall, within ten days of the date of the notice, respond to the city manager, or his designee, either in person or writing, with a request for an appeal. (Ord. No. 3947, ~ 5,7-25-2005) Sec. 78-119. Filing of liens. The city may file a notice of lien in the public records of the county with regard to the costs of the city incurred pursuant to this article. Upon failure of the premises owner to pay the costs incurred by the city, after a demand for payment being made by the city, the lien may be recorded. (Ord. No. 3947, ~ 6, 7-25-2005) Sec. 78-120. Utility services. Should the city determine that the use of city water and/or wastewater utility services facilitates, contributes to or exacerbates a nuisance activity, the city may, consistent with any controlling provisions of state law, terminate the provision of such utility services to the property on which the nuisance activity is occurring, (Ord, No, 3947, ~ 7,7-25-2005) Sec. 78-121. Exemptions. (a) A property owner may apply for and be exempt from assessment of the user charge/service fee assessed in this article and the provisions of sections 78-117--78-120 of this article by accomplishing the actions required in subsection (b)of this section. (b) The following property owners shall be exempt fiOm assessment of the user chargeiserv'ice fee assessed in this article and the provisions of sections 78-117--78-120 of this article upon approval by the city manager: (1) Multifamily residences, apartments, hotels, motels and businesses who employ off- duty law enforcement officers who provide for additional security for their premises. (2) Multifamily residences, apartments, hotels and motels which provide for a law enforcement officer to live on the premises in order to provide for additional security for their premises, (Ord, No, 3947, S 8, 7-25-2005) Sec. 78-122. Appeals. Determinations of the city manager shall be final; provided, however, that if the city adopts a hearing officer/special magistrate system, an appeal may be filed with the hearing officer/special magistrate whose decision shall be final. An appeal must be filed within ten calendar days from the date http://libraryl.municode.comlmcc/DocView/19985/11145/151 2/27/2007 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 5 of6 of the decision appealed. S'??\ /(/ -;: (/./('L) (Ord. No. 3947, 99,7-25-2005) Sec. 78-123. Local representation designation for residential rental properties owned by absentee owners; inspections. (a) This section of this article shall be applicable to the rental of residential properties, but shall not apply to hotels, motels, roominghouses, resort dwellings, and bed and breakfast inn. (b) In the event that an owner of residential rental property is an absentee owner, the said absentee owner shall provide the name, address and telephone number(s) and other available contact information pertaining to an authorized local designated representative who conducts business within Seminole County, Florida and any county abutting Seminole County. Said local representative shall be appointed in accordance with this article within 60 days of the effective date of this article. (c) Each local designated representative of an absentee owner shall maintain a current working local telephone number and current local address, not a public or private post office box, and provide notification thereof of any changes of address, physical location and/or telephone number to the city within 30 days of the change. (d) In the event of any code enforcement action being taken relative to the residential rental property, in addition to any notices as required by state law, the local designated representative shall also be notified; provided, however, that failure to provide such notice shall not preclude the enforcement of the city's codes and ordinances by the city's code enforcement board if the notice requirements of F.S. ch. 162 have been met. (e) The designation of a local designated representative shall be deemed to act as authorization for the representative to make statements on behalf of the owner during the course of any code enforcement proceeding if the representative is not precluded from so acting under the provisions of controlling state law. (f) Upon designation of a local representative either the absentee owner or the local designated representative shall pay a fee as established by resolution adopted by the city commission. (9) External inspections of rental residential properties subject to this article shall occur based upon complaints, or as initiated by code inspectors. (h) Internal inspections by the city shall occur based upon complaints or as initiated by code inspectors to ensure that such properties are in compliance with the provisions of all applicable codes and ordinances; provided, however, that this provision shall not be interpreted as authorizing the city to conduct inspections of properties without the consent of the owner or occupant or without an administrative inspection \,A/arrant. (Ord. No. 3947, 9 10, 7-25-2005) Sec. 78-124. Reports; administrative rules. (~\ The city manager, in conjunction with the city police chief, shall provide an annual report to \C/ the city commission apprising the city commission of the success of the programs set forth in this article and any matters relating thereto. (b) The city manager is hereby authorized to promulgate administrative rules to implement the provisions of this article to include, but not be limited to, the assessment of fees for applications . and appeals as set forth in this article. Rules adopted by the city manager shall be provided to (~ /1 \. 1 V http://libraryl.municode.comlmcclDocViewI1998511/145/151 2/27/2007 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 60f6 the city commission upon adoption. -Sc-l.'i/ /?J/{:"y' (Ord. No. 3947, S 11, 7-25-2005) http://libraryl.municode.comlmcc/DocView/19985/l/145/151 2/27/2007 Meeting Type: Planning & Zoning Meeting Date: 4/25/07 AGENDA Heading Discussion Item No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion - Evaluation and Appraisal Report (EAR) Process DEPT./DIVISION: Building Department Requested Action: Overview of the EAR Process for Discussion and Direction to Staff Summary Explanation & Background: Weare about to discuss the Evaluation and Appraisal Report (EAR) for the City. An overview of the EAR process is recommended prior to the actual discussions to bring the P&Z Board up to speed and to coordinate our efforts. Exhibits Attached: The EAR Checklist as prepared by the Department of Community Affairs. I I Planning Official's Office Department P ART II CHECKLISTS This part of the guide contains checklists to use in gathering information for the EAR, in deciding what issues to include in the evaluation, and in putting the EAR together. The first checklist can be used in conjunction with the timeline and the flow chart presented in Part 1. This checklist will help you make sure that all the steps are taken, and that the steps are in a logical order. The second checklist will help you recognize major issues for your community. Checklist 3 is designed to ensure that you meet state law for the contents of the EAR. The fourth checklist takes you through the steps of adopting the EAR. With the use of these checklists you can do the following. . Establish a work program for the EAR . Decide the issues to include in your assessment . Assemble the EAR after you gather the information and write the report . Adopt the EAR L CHECKLIST FOR PREPARING AND ADOPTING THE EAR This checklist is a step-by-step guide to preparing the EAR and adopting the EAR. It will help you define your work program before you begin the actual work of evaluating your pian and writing your report. In the column titled "status" are notations that the step is "requit"'ed", "recom- mended", or "as needed". "Required" means that the local government is obligated by state law to perform the task. "Recommended" means that the task or step is important and is part of good planning practice. It is strongly suggested that you include the step in your local process. "As needed" refers to those steps that may or may not be necessary to complete the project, but are identified to ensure that the step is not overlooked during preliminary planning. -~ ~ ~ '\ ( II-i) r- AI"\. L""__! _I_ . '-..../ Cf"\K C7Ulae MarcfIW04 \ \ ~ ~ St " " d d t" h EAR I RECOMMENDED I 11. IDENTIFY WHO WILL PREPARE THE EAR. I The EAR may be prepared by one or more staff of the local government, by mem- bers of the Local Planning Agency, by citizen volunteers, by staff of the regional planning council, or by a consultant hired for this purpose. At least one member of the local staff or the elected body should be responsible for overseeing the work. Overseeing the work should include making sure the process is followed, that the required contents are provided, and that the timeline is followed. RECOMMENDED 2. IDENTIFY AND CLARIFY ISSUES THROUGH A WORKSHOP WITH ELECTED BODY, PLANNING COMMISSION, AND GENERAL PUBLIC. (163.3191[1][CJ, F.S.) The purpose in evaluating the local government comprehensive plan is to determine whether the plan has resulted in progress in achieving the development the people want for their community. The comprehensive plan describes the way the commu- nity will develop and grow, lists goals and objectives for different parts of the community, and lists the policies of the local government that will direct programs, budgets, and decisions. Over time the community changes. Some changes will be consistent with the growth anticipated and planned for. But other circumstances may bring changes to the community that wet'e not anticipated. The comprehensive plan will continue to be useful in guiding growth and development if it is brought up to date to reflect changes and new circumstances. The process of preparing an EAR provides an organized way to look at the plan and determine how well it fits the community's current and future needs and desires. Therefore, the evaluation and appraisal report serves as an audit of progress and problems in using the plan to achieve the development goals of the jurisdiction. Involving many groups in a discussion of the plan is a very useful and important step in the process, and is strongly recommended. A local government is only required to address the subjects within the pian that are important issues for that community. This local workshop is the first step in deciding what subject matter (issues) to include in the EAR. r;-'\ II-Z) EAR Guide .. '--/-- March---ZUU4 If a workshop is not held, the local government should decide what subject matter to include in the EAR. For assistance in identifying issues, refer to the discussion on "limiting the EAR to local subject matter" in Part I, and to the "checklist for identifying local issues" in Section 2 of Part II. RECOMMENDED 3. PREPARE A LIST OF THE ISSUES AGREED UPON IN THE LOCAL WORKSHOP OR IDENTIFIED BY STAFF. Two samples of lists of issues are shown in Part IV, Section 4. RECOMMENDED 4. SCHEDULE A MEETING WITH ADJACENT LOCAL GOVERNMENTS AND STATE AND REGIONAL AGENCY REPRESENTATIVES; PREPARE A LETTER TO INVITE REPRESENTATIVES. (163.3191[3], F.S.) This meeting serves two purposes. First, it is a time to discuss the subject matter for the EAR with the agencies who will be reviewing the EAR. By agreeing on the subject matter or issues to be included, the contents of the EAR become "frozen" for the local community. This means that the list of issues is set and additional issues won't be added at a later date. As the checklist for EAR contents shows, there is very little that is mandatory. The EAR is supposed to be an audit useful to the community in modifying its plan so that the pian does direct growth and devel- opment to achieve the goals of the community. The EAR will be most useful when it focuses on sub iect matter of local imoortance. ~ -I Second, much of the information needed to conduct an evaluation of the local plan is available from state and regional agencies. This meeting is the time to identify those information needs and get commitments from the agencies to provide the information to the local government. The agency representatives may also suggest other sources of information for EAR preparation. A sample letter and aaenda for . . I J this meeting are contained in Part IV, Sections 2 and 3. ~ G~-J '\./ EAR Guide Marcll2D04 RECOMMENDED 5. PREPARE A LETTER TO DOCUMENT THE MEET- ING. A TT ACH THE LIST OF ISSUES THAT WERE AGREED ON. A TT ACH A LIST OF THE IN FOR- MA TION AGREED TO BE PROVIDED BY STATE AND REGIONAL AGENCIES. SEND COPIES TO ALL WHO WERE INVITED. REQUEST LETTER OF UNDERSTANDING FROM DCA. The final list of issues developed in the agency meeting of step 5 should refine, if needed, the list prepared in step 3 above. The list of information to be provided is based on the reports, studies, and documents identified during the meeting to be provided by the agency representatives. II REQUIRED 1 16. PREPARE A DRAFT OF THE EAR. II Refer to the discussion of the process in Part I, the checklist for contents of the EAR in Section 3 of Part II of this guide, and Part III on writing the EAR. REQUIRED 7. HOLD A PUBLIC HEARING WITH THE LOCAL PLANNING AGENCY, ELECTED BODY, PLANNING COMMISSION, AND GENERAL PUBLIC TO DIS- CUSS RESULTS OF THE EV ALUA nON AS DE- SCRIBED IN THE DRAFT EAR. (163.3191[4], F.S.) A sample advertisement for public hearings is shown in Part IV, Section 5. The official action taken at this hearing should be a recommendation from the Local Planning Agency for adoption of the EAR. AS NEEDED 8. REVISE THE EAR, IF NEEDED, BASED ON THE COMMENTS RECEIVED IN THE PUBLIC HEARING. Both the citizens and the members of the LPA may have questions, comments, or suggestions that will result in revisions to the report. If none are received, this step is obviously not needed. ~ (I~~ EAR Guide March-roo4 RECOMMENDED 9. TRANSMIT THE PROPOSED (DRAFT) EAR TO DCA AND STATE AND REGIONAL AGENCIES FOR RE- VIEW. (163.3191[5], F.S.) Refer to the discussion on adopting the EAR in Section 5 of Part 1. The Florida Statutes allow submission of a proposed EAR 90 days prior to the scheduled due date. It is a good idea to take advantage of this in order to get informal comments from DCA prior to adoption of the EAR. Therefore, it is recommended that the proposed EAR be sent to DCA for early comments. AS NEEDED 10. REVISE THE EAR, IF NEEDED, BASED ON COM- MENTS RECEIVED FROM DCA AND OTHER AGEN- CIES. If the EAR is transmitted for preliminary review, DCA must provide comments within 30 days after the proposed EAR is received. This provides time to revise the EAR before adoption. If the local government does not transmit the proposed EAR, this step is not needed. Also, comments from DCA may not result in a need for revisions. However, this step is identified to ensure that it is not overlooked in the work program. REQUIRED 11. HOLD A PUBLIC HEARING BY THE ELECTED BODY TO ADOPT THE EAR BY RESOLUTION OR ORDI- NANCE. (163.3191[6], F.S.) A sample resolution for adoption of the EAR is provided in Section 6, Part IV. Adootion bv resolution is recommended. I , REQUIRED 12. TRANSMIT THE ADOPTED EAR TO DCA AND STATE AND REGIONAL AGENCIES. (163.3191[6], F.S.) The submittal requirements are described in Section 6 of Part 1. 7~\ (II-5 . \ I C ,,1"1 /"..:.J_ u .. \ ___~ / L,r\r;. I.:7UIU~ MarCh~ REQUIRED 13. A. IF EAR IS FOUND SUFFICIENT PREPARE EAR- BASED AMENDMENTS TO THE PLAN. B. IF EAR IS FOUND NOT SUFFICIENT, PREPARE ADDITIONAL MA TERIAl AS NEEDED TO RE- SPOND TO CONCERNS RAISED BY DCA. 2. CHECKLIST FOR IDENTIFYING LOCAL ISSUES Each evaluation and appraisal report is unique to the local jurisdiction, because the evaluation of the comprehensive plan is limited to the issues identified by the local government for evaluation. This checklist will assist you in identifying the subject matter, or issues, that will be evaluated in your EAR. The first set of questions, 1 through 5, will help identify those jurisdictions that are likely to have few, or even no, local issues. Q. When should the checklist be completed? In most cases, it is probably a good idea if the person responsible for the EAR (consultant, staff person, or volunteer) completes the checklist. The completed checklist may be used as a handout to the participants in the workshop (step 2 above ). The preparet1 can also add notes about any concerns that should be dis- cussed for each question. There also may be one or more questions that can only be addressed during the workshop because the answer is not clear-cut. However, the checklist includes a lot of questions that clearly may not apply to the local jurisdiction, resulting in confusion during the workshop. If this is the case, the preparer should prepare a summary of the applicable questions, or a simple list of key points, taken from the checklist. It is possible to complete the checklist during the workshop; however, this is most likely a cumbersome way to proceed. Therefore, it is recommended that the per- son who wiii prepare the EAR complete the checklist first. This checklist is a tool provided to help develop an EAR one step at a time. As a tool, the checklist should be used in whatever manner seems most helpful. c~ (;;' \ I II-6) r: Ar'\ r..:.-J_ .. \. ~..4. I:.rlr<.l;7UIUt::; Marcrr-wU4 b. Is the entire checklist necessary for every jurisdiction? If the answer to each of the first five questions is "no", it is not necessary to con- tinue with the remaininq Questions. By answering no to the first five questions, you are indicating that your jurisdiction is fully built out, with no vacant land for devel- opment. In addition, there is no need for changes or improvements to the existing development, and no potential for annexation to change the area of your commu- nity. Finally, there are no coastal development issues facing your community. For a jurisdiction in this situation, the EAR will be very brief. The 1998 legislative changes to the EAR requirements allow a community to focus on the major issues. When those issues are few, the report is short. However, your jurisdiction may still have subject matter it wishes to address. If so, list those issues as indicated in the checklist for EAR contents (Section 3), and consult that checklist to ensure that other required parts of the report are in- cluded. Guidance for writing about the issues is contained in Part III. ~ Address the follow'n t' t t t 1. Is there any vacant land available and suitable for development in your jurisdiction? 2. Answer this question only if your jurisdiction is fully developed (built-out). Are any of the existing areas of your jurisdiction in poor condition, in need of repair, or in need of redevelopment? 3. Is your jurisdiction on a barrier island, or a coastal waterfront loca- tion? 4. Answer this question only if your jurisdiction is a municipality. Has your jurisdiction annexed additional lands into the city since adoption of the plan? I 5. Answer this question only if your jurisdiction _is a municipality. Is I ! I there any potential for annexation of addltlona; land into the city at any time in the future? ~ , CAn r:..:.,J_ ..0j l,..r\1'. I.;7I.UUt;;. MarcrrzuULI- If the answer to one or more of the first five questions was "yes" you should an- swer each of the following questions. The questions are designed to assist in de- ciding the subject matter to be addressed in your EAR. There may be additional issues of local concern that you identify through workshops or your own knowledge. Those should be included in the EAR as well. Yes/No Address the fall " t" t t t 6. If you answered "yes" to question #1, does your plan adequately ad- dress the development potential of vacant land, including the physical condition of the land, environmental concerns about the land, and the availability of infrastructure to serve the needs of future develop- ment on the vacant land? If ''no': a potential issue is the extent and suitability of vacant land for development. 7. a. If you answered "yes" to question #2, have you identified the po- tential areas for redevelopment? b. Has your jurisdiction designated an " urban infill and redevelop- ment area" pursuant to 163.2517, F.S.? c. Has your jurisdiction designated other special areas, such as transportation concurrency exception areas (TCEA), community redevelopment areas (CRA), neighborhood improvement districts, enterprise zones, community development districts (CDD), Front Porch, Weed and Seed, and so on? The potential issues are identifying and documenting redevelopment I I needs, identifying methods to address those needs, Identifying I changes within the designated area, and determining whether the designation is an effective method of meeting the Identified needs. 8. If you answered "yes" to question #3, are there any needs for re- I source protection, such as (but not limited to) shorelines, erosion, I II I pollution, preservation, marine resources, or water quality as one or I more of these items pertain to a specific source or location? (;I~ ~ C Al"\ r..:-'_ March 2004 c,n,", \.:7UIUt::. Potential issues are as Identified for the specific resource in one or more specific locations. 9. a. If you answered "yes" to either question #4 or question #5, does your community have a proposed annexation area? b. Does your local government have an agreement of any type with adjacent and affected local governments regarding service provi- sion in potential annexation areas? c. Does your local government have policies regarding annexation, to address such items as future land use, impact of changes to planned use on development in affected jurisdictions, and inter- governmental coordination? If the answer to any of these questions is "no ': that represents a po- tential issue. 10. a. If you answered "yes" to question #5, do you have a plan for an- nexation, including how annexed lands should be designated on the future land use map, and the data and analysis to support both the annexation and the proposed land use category? b. Do you have meaningful coordination with the county regar'ding provision of services, impacts of changes in land use on the county, and impacts of development on the county? I If "no It to either question, a potential issue is annexation and its im- I pacts on your jurisdictiotl as well as adjacent jurisdictions. I 11. Are there any potential road projects, such as turnpike extensions, interstate interchanges, state road projects, or the like, that will af- fect the growth potential of your jurisdiction? I If "yest: a potential issue is the impact of the specific road project. II I I 12. Has your community conducted a "visioning" process, either spon- sored by the local government or another group? If "yes", does your ~I t II-9./ EAR Guide . . '"- ------ March-zeJ04 comprehensive plan support and implement the vision? If it does not, the points where the plan does not support the vision are potential issues for the EAR. 13. a. Has the future land use map been amended frequently since origi- nal adoption of the plan? b. Does the future land use map meet your needs by providing the right designation for lands that are vacant or in need of redevel- opment? c. Does the future land use map provide enough land in the right categories to meet the needs of anticipated growth? An answer of "yes" to 12.a., or "no" to 12.b or 12.c. means there is a potential issue that the future land use map is inadequate and should be significantly revised 14. a. Have growth and development taken new directions in your juris- diction, as evidenced by major new retail projects, large new resi- dential projects, major new employers, and the like that were unan- ticipated in the original plan? b. If "yes", does the plan address the needs of this development and the potential for more growth as a result? I If ''yes'' to 14.a. or "no" to 14.b. a potential issue is changing direc- I tions or locations for growth and changing forecasts for growth and II _f____J_.~.__ ___...L aevelopmenr. 15. Have state or regional agencies conducted any studies that identify problems or issues in your jurisdiction? (For example, a water man- agement district study may identify locations and sources of pollu- I I I tion.) II Potential issues are as identified in the study. 0r-1O ) ..\. . -~ r- "" r"'I. ~ . I MaI'ctrZOO4 CI"IK l:7U1oe 16. a. Is there currently adequate infrastructure - water, sewer, roads, drainage facilities, and solid waste facilities - to meet local needs? b. Will the infrastructure meet the needs of projected growth? c. Is the capital improvements element up to date? d. Are the level of service standards for these facilities still appro- priate and being met? If "no" to any question, the potential issues could include one or more infrastructure systems, concurrency management, maintaining levels of service. 17. Are there current or potential school sites in your jurisdiction? If "yes" the potential issue is coordination of the plan with the school district work program for facility locations or other school siting and use issues. 18. Have there been any housing studies (such as the "Shimberg report") that identified a shortage of housing, or a shortage of affordable housing in your jurisdiction? If ''yest: the potential issue is the availability of housing, including affordable housing, to meet the needs of the existing and future population of the area. I I 19. a. Are other agencies (such as adjacent local governments, regional I or state agencies) planning a development project on land they ~. t . "" i- .. _ own WITnIn your JurlsolcTlonl b. If "yes", are the project and its potential impacts anticipated in the comprehensive plan? (Examples of projects include a jail, I electrical sub-station, wastewater treatment plant, government II I buildings, or recreation facilities.) II If " es" to either question, the otential issue is the im act of the GJ?\ ..... A r"\ /"'_ _: _1_ ..~ CI"\K l:7U1oe March 2004 project on services and facilities, land use patterns, and compatibIl- ity within the jurisdiction. 20.Finally, be sure to look at each element of your plan to determine whether additional parts of your plan need to be modified, beyond what has been identified through responding to the questions in this checklist. As the plan is reviewed to respond to the above questions, other items may be identified that you wish to address. One more look at each element will ensure that you have not overlooked any- thing that should be evaluated. 3. CHECKLIST FOR EAR CONTENTS This checklist is a guide to the contents of your EAR. The checklist can also be used to create the table of contents for the report itself. The status column identifies those components of the report that are "required", "recommended", or to be provided "as needed." "Required" means that the local government is obli- gated by state law to include this item in the EAR. "Recommended" means that the item is important and should be part of a good report. "As needed" refers to those items that mayor may not apply to your jurisdiction, but are identified to ensure that they are not overlooked as you assemble the report. References to the Florida Statutes regarding the EAR are contained tht~oughout this section. It is important to note that there is no administrative rule providing minimum requirements for the contents of an EAR. The direction for the contents comes from the statutes, and from this guidebook. The section of the Florida Statutes that pertains to the evaluation and appraisal report is contained in the appendix, Part V of this guide. ~ ~ --'>.. r-A.f"\. r..~~I_ ..~) Cf'lK t:7U1oe March ~UU4 ~ ~ Potential sections of the EAR 1. PRELIMINARY PAGES Required Table of Contents (163.3191[4], F.S.) As needed Lists of tables, maps, and figures (163.3191[4], F.S.) If your EAR contains maps, other figures, or tables, the table of contents should have a separate page to list these items. 2. INTRODUCTION SECTION Recommended Brief profile of the local jurisdiction and statement of the purpose of the EAR Required Brief description of the process used to prepare and adopt the EAR, including the public participation activities (163.3191[2][j], F.S.) As needed Brief description of the community "vision'~ Local commu- nities are encouraged to use a process to identify the commonly held vision for the future of the community. HOI....ever, it is not mandated. See page III~4 for a dis- cussion of visioning. If such a process has been carried out, it should be described and used as part of the evalua- tion of the comprehensive plan. The degree to which the current community diffet1s from the desired future com- I I munity can help identify major issues that must be ad- dressed by the community in order to achieve that type of community in the future. ~ G~13 ) t /" ~. ......... rAr"'I.rH~~I_ M~OO4 enK l:7Uloe 3. SUBJECT MA TTER FOR THE LOCAL JURISDICTION (ISSUES) For each issue, whether listed below or identified as a local issue by the com- munity, the discussion must include the following1; . identify the impacts of the issue (163.3191[2][e], F.S.) . assess whether the objectives of the plan that relate to the issue have been achieved, (163.3191[2][g], F.S.) . discuss whether there have been changes in circumstances that were not anticipated, (163.3191[2][g], F.S.) . discuss whether these changes resulted in either problems or opportuni- ties for the community, (163.3191[2][g], F.S.) . identify actions, including plan amendments, that are needed to address the issue (163.3191[2][i], F.S.) (Assistance on writinq about issues in the EAR is contained in Part III.) Required Discuss changes in population since the plan was adopted or last amended; compare actual changes with changes projected by the plan. (163.3191[2][a], F.S.) Required2 Discuss changes in land area, including annexation, since the plan was adopted or last amended. (163.3191[2][a], F.S.) - ., Identify the amount and location of vacant land and its Required'- suitability and available for development. (163.3191[2][b], F.S.) I Required' Discuss the extent to which the community has been able to meet the demands of growth on infrastructure, main- I tain level of service standards, provide public services and facilities, concurrency management, and the financial fea- sibility of the plan. (163.3191[2][c], F.S.) 1 See 163.3191(2), F.S. 2 Several issues are specifically identified in the statutes and are, therefore, required. However, one or more issues may not be applicable to your jurisdiction. Refer to the discussion on writing the EAR in Part III and the checklist in Section 2 of Part II for more guidance on how to identify the issues that must be evaluated by your local government. Q - r- A.r"'\ r..~..J_ March 2004 cnK l:7Uloe Required2 Discuss whether development has located where it was anticipated in the plan as originally adopted or last amended. (163.3191[2][d], F.S.) Required2 Assess success of coordinating land use and school facili- ties planning, including use of joint population projections. (163.3191[2][k], F.S.) Required2 Evaluate plan with respect to the water management dis- trict's plan; evaluate need to revise potable water element to include long-range water supply facilities workplan. (163.3191[2][1], F.S.) Required2 In coastal high-hazard areas, evaluate whether past re- duction in land use density impairs the property rights of current residents when redevelopment occurs. (163.3191[2][m], F.S.) As needed3 Identify and evaluate local issue(s). (163.3191[2][e], F.S.) Required Briefly assess successes or shortcomings of each element. (163.3191[2][h], F.S.) Required2 Identification of changes to residential, commercial, and institutional development within a designated urban infill and redevelopment area (163.2517[6 ][a], F.S.) 4. CHANGES TO FLORIDA STATUTES AND ADMINISTRATIVE RULES APPLICABLE TO THE LOCAL GOVERt~MEt~r (163.319H2lrFlJ Each year DCA will provide a list of changes to the Local Government Comprehen- sive Planning and Land Development Regulation Act (Ch. 163, Part II, F.S.), the State Comprehensive Plan (Ch. 187, F.S.), and Chapter 9J -5, Florida Administrative Code. A summary of these changes are posted on the Department's website at The responsibility of the I' local government is to identify the chan...les that have been made since adoption of I 3 Refer to the checklist in Section 2 for guidance in identifying local issues to be used in evaluating your comprehensive plan. Only those issues identified for your jurisdiction must be listed. ~ 4 163.3191 (2)(f), F .S. /:~J ! II-15 , -'" EAR Guide Ma?cl12004 its comprehensive plan. In addition, the local government must identify changes to the strategic regional policy plan that have been made since adoption of the local government comprehensive plan. The lists provided by DCA should be reviewed to identify those amendments that are applicable to the local jurisdiction. The comprehensive plan should be reviewed to determine whether changes in the plan are needed to respond to the changes in state and regional laws, rules, and policies. The EAR should identify where the comprehensive plan needs to be amended and commit to addressing these needed changes following adoption of the EAR. (These amendments must be adopted within 18 months.) Required List of changes to the State Comprehensive Plan applica- ble to the community. (163.3191[2][f], F.S.) Required List of portions of the Strategic Regional Policy Plan that apply to the community. (163.3191[2][f], F.S.) Required List of changes to Chapter 163, F.S., applicable to the community. (163.3191[2][f], F.S.) Required List of changes to Chapter 9J -5, FAC, applicable to the community. (163.3191[2][f], F.S.) ! 5. APPENDIX I As needed List of reports, studies, and other documents used as data and analysis for the EAR I' , I II 4. CHECKLIST FOR ADOPTION PROCEDURES5 During the adoption process, two public hearings must be held, with proper notice. 5 See Ch. 125, Part II, F.S. for county requirements to adopt an ordinance or resolution. See 166.041, F.S., for municipal requirements. ~ ~ EAR Guide March 2004 This checklist will guide the user to make sure that the procedures are followed. ~ Timeframe ~ See table on 1. Decide on date for consideration by LPA. Insert page I-ll this date in step 6 below. for dates Note: This date is approximately five months before the EAR due date. It is the date identified on line 7 in the table on page I-ll (Timeline for Preparing the EAR). At least 2. Determine the date that notice must appear in three weeks the newspaper. Also find out the deadline for before the providing the notice to the newspaper in order to first public appear by the required date. The newspaper hearing must be a newspaper of general circulation for your area. As required 3. Prepare the notice. by the The notice must include the following: deadline in . date of the public hecwings (one for LPA step 4 and one for governing body) . time of the hearings . place of the hearings . title of the resolution or ordinance . statement about where the public may in- spect the resolution or ordinance, including the EAR I I A sample notice is shown in Part IV. I I 4. Deadline to provide notice to newspaper. At least 10 5. Notice appears in the newspaper. days before the first I public I II II I I I hearing II II I I 6 Insert the actual dates for your jurisdiction. ~""" -...... '---"", ~V r- A r"'\....... . I March 2004 Cf'lK l:7Uloe See table on 6. Public hearing before the LPA. page I-11. See table on 7. Public hearing before the local governing body. page I-11. See table on 8. Transmit the EAR to DCA (see discussion in Part page I-11. Ion submittal requirements) ~~ ( II-~) rAt'\. r__~_l_ .~.~. cnK \:7Uloe Mar'CFf ~UU4 Meeting Type: Planning & Zoning Meeting Date: 4/25/07 AGENDA Heading Discussion Item No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion - Existing Land Use and Zoning Maps DEPT .lDIVISION: Building Department Requested Action: Review of the Existing Land Use and Zoning Map Report and direction to staff Summary Explanation & Background: Weare about to discuss the Evaluation and Appraisal Report (EAR) for the City. Reviewing the map series is one aspect of reviewing the Comprehensive Plan. Attached is the existing land use map, an aerial with zoning lines and zoning map. The purpose is to review the existing development and compare it to how it is zoned and ultimately portrayed in the Comprehensive Plan. The intent of this discussion is to determine whether recommendations for land use changes should be identified for future discussion as part of both the EAR and EAR-based plan a.m.endments. The maps are to be updated per the discussion at the April 11 th meeting. Revised maps to be distributed at the meeting. I I Exhibits Attached: I I Planning Official's Office Department