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HomeMy WebLinkAbout2009 03 12 Regular 600 Commerical Vehicle OrdinanceCOMMISSION AGENDA ITEM 600 March 12.2009 Meeting CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X MGR /DEPT Authorization REQUEST: Police Department, Code Enforcement Bureau requesting consideration by the City Commission to re-evaluate the Commercial Vehicle Ordinance Section 20-434 as directed at the February 9, 2009 Commission meeting. PURPOSE: During the February 9, 2009 Commission Meeting, the City Commission directed a work shop be held on March 12, 2009 to allow for residents and citizens input on this issue. The Commission also temporarily suspended sections (7) and (8) of Ordinance 20-434 concerning commercial vehicles with Resolution 2009-15. This action has temporally exempted passenger cars, service vans, and trucks from covering the lettering and storage racks on them while at their residence. CONSIDERATIONS: The City Commercial Vehicle Ordinance Sec 20-434(a) temporally exempting subsections (7) and (8) allowing passenger cars, service vehicles, and trucks with lettering does provide relief for residents who have been making good faith efforts to comply with the ordinance. These same residents that have periodically stopped by their residence from time to time throughout the day or overnight and the code enforcement bureau receiving telephones calls almost immediately for violations of the ordinance. ISSUE ANALYSIS: 1. Section 20-432, City Code of Ordinances governing Commercial Vehicles defines commercial Vehicles to be all passenger vehicles, trucks, trailers, with lettering and construction equipment of any type used in or designed to be used in business. 2. There are approximately 110 neighborhoods that have deed restrictions and of that a large number of them are mandatory. Mandatory Home Associations have there own regulations and enforcement actions that are available to them. They typically are more restrictive than city codes and address commercial vehicles in them. 3. Mrs. Janine Brunkala, at the January 26, 2009 City Commission meeting had asked for assistance from the City Commission on amending the current ordinances to remove the ban of commercial vehicles particularly those not defined for commercial use by the Florida Department of Transportation (FDOT). The Code Enforcement Bureau over the last four years has issued 747 violations of code for commercial vehicles. Of the 747 only 64 of the violations were for oversized registered commercial vehicles such as tow trucks, box trucks, etc., the remaining 683 were regular vehicles (Vans, passenger cars, SUV's) with lettering on them and/or ladder racks. The Code Enforcement Bureau is asking the City Commission to review the chart shown below and its effects from current ordinances pertaining to these issues. 275 -r~- 250 225 200 175 150 125 100 75 50 25 C 2009 Veh om Veh Veh CEB om Veh CEB iith Relief Order ~S with Relief Order RECOMMENDATION: The City Commission is asked to provide for a permanent modification to the commercial vehicle ordinances 20-432, and 20-434. IMPLEMENTATION SCHEDULE: Immediately upon approval by Commission. ATTACHMENTS: Suggested changes of the Commercial Vehicle Ordinances 20-432 and 20-434. COMMISSION ACTION: 2008 ''"`~ Sec. 20-432. Commercial vehicle--Definition. For purposes of this chapter, commercial vehicles are defined to be all passengers el}ic~°~-tTa°~, over sized vehicles, commercially registered vehicles, trailers, and construction equipment of any type used in or designed to be used in business; all vehicles temporarily or permanently designed to accommodate, support, house, store, deliver or transport material, supplies, equipment machinery or power plants of all types; all construction related equipment; and all vehicles of any type, trailers and construction equipment upon which a business name or sign is permanently or temporarily affixed. Sec. 20-434. Authorized commercial vehicles in residential areas. (a) One (1) commercial vehicle per dwelling unit may be parked in residentially zoned districts of the city provided: (1) Said vehicle is not asemi-trailer truck tractor or semi-trailer truck trailer; (2) Said vehicle is not a stake body or flat bed truck; (3) Said vehicle is not construction-related equipment such as a backhoe, front-end loader, utility tractor, etc.; (4) Said vehicle is not a vehicle of any type used to transport hazardous materials as defined by law; (5) Said vehicle is not a utility trailer of more than twelve (12) feet in length, inclusive of tool boxes and other storage areas, however exclusive of the tongue hitch; (6) Said vehicle is not a single or dual rear wheeled vehicle in excess often thousand eight hundred (10,800) pounds gross vehicle weight, or twenty-two (22) feet in length, or in excess of eight (8) ft. in height; > > ~ e ~ ~`& f: i~e~N:tRI-e916~ (b) A homeowners association as defined in the Florida Statutes, apartment complex, or mobile home park may set aside common property, owned by the association, complex, or park, as an area set aside for the storage or parking of commercial and/or recreational vehicles, provided said area is fenced by an opaque fence not less than six (6) feet in height that totally prevents the viewing of said vehicles from surrounding properties and roadways.