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HomeMy WebLinkAbout2003 07 28 Public Hearings F First Reading - Ordinance 2003-26 Amending Section 9-281 of the Winter Springs Code COMMISSION AGENDA ITEM F Consent Informational Public Hearing X Regular July 28, 2003 Meeting f-~' } Mgr. / Att. / Dept. REQUEST: The City Manager and the City Attorney request that the City Commission consider first reading of Ordinance No. 2003-26 amending Section 9-281 of the Winter Springs Code to extend the compliance date for dumpster screening to October I, 2004. PURPOSE: The purpose ofthis Ordinance is to extend the compliance date for dumpster screening to October 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. Page 1 of 2 2. After being duly advised by City staff, the Commission directed at its July 14,2003 meeting that property owners be given an additional one (1) year to come into compliance with the dumpster screening requirements set forth in Section 9-281. ST AFF RECOMMENDATION: The City Manager and City Attorney request that the City Commission consider adopting Ordinance No. 2003-26 on first reading. ATTACHMENT: Ordinance No. 2003-26. COMMISSION ACTION: F:\Docs\City of Winter Springs\Agenda\Dumpster.2003-26. 7 .28-03. wpd Page 2 of 2 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 OCTOBER 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 of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests ofthe public health, safety, and welfare of the 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 amended 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 1, 2003-1. 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 of the remaining portions of this ordinance. City of Winter Springs Ordinance No. 2003-26 Page 2 of 3 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 day of ,2003. ATTEST: ANDREA LORENZO-LUACES, City Clerk JOHN F. BUSH, Mayor 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: F :\Docs\Ci ty of Winter Springs\Ordinances\Dumpsters\Dumpster _Amend. wpd City of Winter Springs Ordinance No. 2003-26 Page 3 of 3