HomeMy WebLinkAbout2003 08 11 Public Hearings F Second Reading - Ordinance 2003-26 Amending Section 9-281 of the Winter Springs Code
COMMISSION AGENDA
ITEM F
Consent
Informational
Public Hearing X
Regular
August 11, 2003
Meeting
1J9f)
Mgr. /
Att. /
Dept.
REQUEST:
The City Manager and the City Attorney request that the City Commission adopt on second and final
reading Ordinance No. 2003-26, amending Section 9-281 ofthe Winter Springs Code to extend the
compliance date for dumpster screening to March 1, 2004.
PURPOSE:
The purpose of this Ordinance is to extend the compliance date for dumpster screening to March 1,
2004.
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Home Rule Powers Act.
2. City of Winter Springs Code, Section 9-281 currently requires existing dumpsters to come
into compliance with screening requirements by October 1, 2003.
CONSIDERATIONS:
1. The City Commission previously adopted Ordinance 2002-13, establishing minimum
standards for screening from public view new and existing dumpsters.
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2. After being duly advised by City staff, the Commission directed at its July 28,2003 meeting
that property owners be given until March 1, 2004 to come into compliance with the
dumpster screening requirements set forth in Section 9-281.
STAFF RECOMMENDATION:
The City Manager and City Attomeyrequest that the City Commission adopt Ordinance No. 2003-26
on second and final reading.
ATTACHMENT:
Ordinance No. 2003-26.
COMMISSION ACTION:
The City Commission approved Ordinance No. 2003-26 on first reading on July 28,2003.
F:\Docs\City of Winter Springs\Agenda\Dumpster.2003-26.8-11-03.wpd
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ORDINANCE NO. 2003-26
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
SECTION 9-281, MINIMUM SCREENING REQUIREMENTS,
OF THE WINTER SPRINGS CODE BY EXTENDING THE
COMPLIANCE DATE FOR DUMPSTER SCREENING TO
MARCH 1, 2004; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article. Vill,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, on May 13, 2002, the City Commission adopted Ordinance 2002-13,
establishing requirements for the screening of dumpsters; and
WHEREAS, that ordinance required existing dumpsters to come into compliance with the
new dumpster screening requirements by October 1,2003; and
WHEREAS, after being duly advised by City staff, the City Commission finds that property
owners should be given an additional one (1) year to come into compliance with the dumpster
screening requirements set forth in Section 9-281 of the Winter Springs Code; and
WHEREAS, as required by Section 9-281 (7) ofthe Winter Springs Code, all new dumpsters
must comply with the dumpster screening requirements; and
WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests ofthe public health, safety, and welfare ofthe citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
City of Winter Springs
Ordinance No. 2003-26
Page 1 of 3
-:;
Section 2. Code Amendment, Chapter 9, Article IV, Division 7. The City of Winter
Springs Code, Chapter 9, Article IV, Division 7, is hereby anlended as follows (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion
from the Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance).
CHAPTER 9. LAND DEVELOPMENT
***
Article IV. Required Improvements
***
Division 7. Dumpsters
***
Sec. 9-281. Minimum screening requirements.
(7) All new dumpsters shall comply with the minimum requirements set forth herein upon
the effective date ofthis division. All dumpsters existing on the effective date ofthis division
shall comply with the minimum requirements set forth herein by October March 1, 20(B~.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5. 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 ofthe remaining portions of this ordinance.
City of Winter Springs
Ordinance No. 2003-26
Page 2 of 3
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Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 11th day of August ,2003.
ATTEST:
NZO-LUACES, City Clerk
-.tJ.M
F. BUSl{, MaYGc-
Approved as to legal form and sufficiency for
the Ci Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: July 28, 2003
Second Reading: August 11, 2003
Effective Date: See Section 6.
City of Winter Springs
Ordinance No. 2003-26
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