HomeMy WebLinkAbout2000 01 24 Public Hearings A First Reading - Ordinance 2000-02 Maintenance and Upkeep of Fences and Walls
COMMISSION AGENDA
ITEM A
Consent
Informational
Pu blic Hearing X
Regular
January 24. 2000
Meeting
Mgr. /
Authorizatio
REQUEST:
The Community Development Department-Code Enforcement Division requests
the City Commission holds a public hearing for the fITst reading of Ordinance No.
2000-02 providing for the maintenance and upkeep of fences and walls.
PURPOSE:
The purpose of this agenda item is to hold a public hearing for the first reading of Ordinance
NO.2000-02 dealing with fence maintenance.
APPLICABLE LAW AND PUBLIC POLICY:
Current regulations require a permit for installation of a fence, but there is no requirement to
maintain the fence in good order. In 1998 this issue came before the Commission and direction
was given to the acting city attorney to draft appropriate legislation.
STAFF RECOMMENDATION:
Staff recommends the City Commission hold a public hearing for the first reading of Ordinance
No. 2000-02 and schedule a public hearing for the second reading on February 7, 2000.
ATTACHMENTS:
A. Ordinance No. 2000-02
COMMISSION ACTION:
ORDINANCE NO. 2000-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES BY
ADOPTING A NEW SECTION 6-195 REGARDING THE
MAINTENANCE AND UPKEEP OF FENCES AND WALLS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
I
ORDINAN€ES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DA TE.
WHEREAS, the qty Commission of the City of Winter Springs, Florida, recognizes and
finds that fences that are not maintained in good order pose a threat to the public health, safety, and
welfare and contribute to shun and blight; and
WHEREAS, the City Commission also finds that the proper maintenance of fences promotes
stable and increased property values which has a positive impact on the revenues generated by the
City from ad valorem taxes; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of
the public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1.
Winter Springs Code is hereby amended by creating a new section 6-195 as follows:
Sec. 6-195 Maintenance ofFences or Walls.
All fences and walls and accessories thereto shall be maintained in
good order and in a condition equal to that which was originally
approved by the building official at the time a building permit was
issued. If for any reason the fence or wall was erected without a
building permit, said wall or fence shall be maintained in accordance
with the conditions and requirements necessary for obtaining a fence
or wall permit from the building official under this Article. Within
City of Winter Springs
Ordinance No. 2000-02
Page 1 of 3
ATIACHMENT A
thirty (30) days receipt of written notice by the City that a wall or
fence does I;lot comply with the requirements of this section, a
property owner shall bring such fence or wall in compliance with this
section within thirty (30) days of receipt of such notice. The thirty
day period ~y be extended an additional thirty day period by the City
Manager for good cause shown.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Code of
Ordinance of the City of Winter Springs and any section or paragraph number or letter and any
heading may be changed or modified as necessary to effectuate the foregoing.
Section 4. Severability. Ifany section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions ofthis ofdinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of~he City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the ~ day of , 2000.
Paul P. Partyka, Mayor
City of Winter Springs
Ordinance No. 2000-02
Page 2 of 3
ATTEST:
Andrea Lorenzo-Luaces, Gity Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR'THE CITY
OF WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2000-02
Page 3 of 3