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Home My WebLink About2000 02 28 Public Hearing C Second Reading - Ordinance 2000-02 Maintenance of Fences and Walls COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular February 28.2000 Meeting Mgr, / Authorizati n REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission holds a public hearing for the second reading of Ordinance No, 2000-02 providing for the maintenance of fences and walls, PURPOSE: The purpose of this agenda item is to hold a public hearing for the second 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, On January 24,2000 the City Commission approved the first reading of Ordinance of2000-02. STAFF RECOMMENDATION: Staff recommends the City Commission hold a public hearing for the second reading of Ordinance No.2000-02 and schedule a public hearing for the second reading on February 14, 2000, ATTACHMENTS: A. Ordinance No. 2000-02 B. Advertisement for February 4,2000 FEBRUARY 28, 2000 PUBLIC HEARlNG AGENDA ITEM C Page 2 COMMISSION ACTION: ATTACHMENT A 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 ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City 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 slum 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 fmds 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 I of 3 thirty (30) days receipt of written notice by the City that a wall or fence does not 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 may 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. If any 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 of this ordinance, Section 5, Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 28th day of February ,2000. City of Winter Springs Ordinance No. 2000-02 Page 2 of 3 ATTEST: I ^ S ~L~ ndrea Loren aces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City At orney First Reading: January 24, 2000 Second Reading: February 28, 2000 Effective Date: City of Winter Springs Ordinance No. 2000-02 Page 3 of 3 ATTACHMENT B ( ':~t~~Ri~~~~:\~ ';;~: =. : ';ir:\: ~~J_ ~ ;:;~~ ~~,' :"~~; ::. J' ,~~~~'~~H~~~~~~ ~ t~S~~ti~:~~U.~~~~~~?l' 'i, " , :~~ ','''\, ':'..',. .:'~ :: ?;: ~i::/ ,:,: ~ ;: ~:.i ~: ;;; :,:,-;:] :: :.; : ,:,: ,~,:;,: ;:.::~~:;~' H ~:~:~~,~~ i~t~-:~,::: :~~~~;;:\~ ~:;.::":: ~ ~~~:~ ~,~~j NOTICE OF CHANGES ro ~ SECTION 6 OF CITY ORDINANCES RELATING TO FENCE MAINTENANCE ' IN THE CITY OF WINTER SPRINGS, FLORIDA Notice 01 amendments to Sec. t;oo 6, 01 lhe Ciry Code of Ordi- nances in the City at Winter Springs, Notice is hereby given that the CilY Commission 01 the City 01 Winter Springs. Ftmida will hold o;~~~~~:~~~~~op~~~ee~ amendments 10 Section 6 of the Code 01 Winler Springs a16:30 P,M, on February 14, 2000 at tM W,nter Springs Ciry Hall, ~~~e~itroO~~~~6r ~~~~~~; fr~t City Code dealing wilh Fence Maintenance, A public hearing on the seconC! reading ot proposed Ordinanc( ~~O~;r:;ils~f~~ t~aC~~lr;~~ City Hall at "26 E_ State Road 434, Winter Springs. Florida. In- terested persons may attend and be heard, Additi0r'\31 inlOfmation pertainin~ ~~o~~i~be~Vee Cc:,t ba~ t~~t~~~. ~~~~:to~~"~~~r:'cee~e~te~~t sion located al 1126 E_ Stale Road 434, Winter Spnngs, Flori.' da or call 407-327,1800, #324_ Persons wilh disabilities need- ing assistance to participate in thiS ~roceedina should contact ~:nt m~~~~~fnat~~t~;sh~~~Sa~~ advance 01 the meeting at 407. 327.1800, #236- This is a publiC hearing. It you: decide to appeal any decision l' or recommendation made by \ the City Commission with re. ~ spect to any matter at this meet. ing. you w,1I need a recotd 01 the proceedings. and, tor such purposes. you may need to en. sure that a verbatim record ct . the proceedings is made upon' which the appeal is to be based. "':: :.:,...:?~!~::~~~~~~5~i~}:;::~;~~~~ ::~~':h~J;.