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Home My WebLink About2011 01 24 Public Hearings 502 First Reading 2011-04 Grant Permit Extensions For Temporary Storage Structures COMMISSION AGENDA Consent ITEM 502 f rmational Public ea ng X Regular January 24, 2011 MGR. /DEPT. Regular Meeting A thorization i tYI'i REQUEST: The City Attorney requests that the City Commission pass on First Reading Ordinance No. 2011 -04, which authorizes the City Manager to grant permit extensions for temporary storage structures. SYNOPSIS: On January 10, 2011, the City Commission directed that the City Attorney prepare an ordinance modify section 6 -87 to permit the City Manager to grant permit extensions for temporary storage structures without City Commission approval. Ordinance 2011 -04 proposes to amend the City Code to effectuate the City Commission's directive. CONSIDERATIONS: 1. Section 6 -87, City Code, sets forth comprehensive regulations for temporary storage structures which are temporary structures designed and used primarily for temporary storage of building materials, household goods, and other such material. 2. The Code currently provides that the installation of such structures are authorized for a maximum of 72 consecutive hours and a maximum of 2 per any twelve month period for any specific address. 3. For good cause shown, the City Manager can extend the time period to the next regularly scheduled Commission meeting. 4. The proposed Code change will remove the City Commission from the permit extension process and authorize the City Manager to grant permit extensions for durations deemed appropriate by the City Manager based on the good cause shown by the property owner. Extensions must be reasonably related and proportionate to the good cause shown and will be limited to a maximum of thirty (30) days per extension. FISCAL IMPACT: No measurable fiscal impact resulting from the proposed Code change. REGULAR MEETING - JANUARY 25, 2010 REGULAR AGENDA ITEM "603" PAGE 2 OF 2 COMMUNICATION EFFORTS: This Agenda Item has been forwarded to the Mayor and City Commission; City Manager; City Attorney /Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission Meeting binder; and is available on the City's Website, LaserFiche, and the City's Server. Further, information related to this Agenda Item has been sent to media/press representatives who have requested Agendas/Agenda Item information, all Homeowner's Associations on file with the City, all individuals who have requested Agendas/Agenda Item information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public; and posted at five (5) different locations around the City. If passed on First Reading, the Ordinance will be advertised in a newspaper of general circulation. RECOMMENDATIONS: The City Attorney recommends that the City Commission pass Ordinance 2011 -04 on First Reading, and direct that the Ordinance be advertised for second and Final Reading at the next regular Commission meeting scheduled for February 14, 2011. ATTACHMENTS: Ordinance 2011 -04 ORDINANCE NO. 2011-04 A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 6- 87 OF THE CITY CODE REGARDING THE REGULATION OF TEMPORARY STORAGE STRUCTURES; AUTHORIZING TILE CITY MANAGER TO GRANT PERMIT EXTENSIONS FOR TEMPORARY STORAGE STRUCTURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to streamline the permit extension process for temporary storage structures under section 6 -87 of the City Code by removing the City Commission from the permit extension process and authorizing the City Manager to grant permit extensions in accordance with the guidelines set forth in section 6 -87; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the 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 hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Section 6-87 is hereby amended as follows (underlined type indicates additions and strikcout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 6 -87. It is intended that the text in Section 6 -87 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): Sec. 6-87. Temporary storage structures. (a) Definition: For purposes of this section, "temporary storage structure" shall mean a structure designed and used primarily for storage ofbuilding materials, household goods, and other such material; and that is not intended for permanent installation. City of Winter Springs Ordinance No. 2011 -04 Page 1 of 3 (b) A supplier of a temporary storage structure shall obtain a permit issued by the building department prior to supplying and installing or allowing to be installed a temporary storage structure within the City of Winter Springs. The permit shall be limited to a specific address and shall allow the installation at such address for a maximum of seventy-two (72) consecutive hours. Permits shall also be limited to a maximum of two (2) per any twelve (12) month period for any specific address. A permit fee shall be required by resolution of the city commission and collected by the city. The permit shall contain the date and time of issuance, the name of the person to whom the temporary storage structure is supplied, and the address at which the temporary storage structure will be installed. (c) In the event of a tropical storm or hurricane watch issued by the National Weather Service, the city shall have the right to order the supplier to remove the temporary storage structure by providing the supplier at least twenty-four (24) hours notice of removal. In the event of a tropical storm or hurricane warning issued by the National Weather Service, the temporary storage structure shall be immediately removed by the supplier after the warning being issued. In such situations, the city shall have the right to enter the property and remove the temporary storage structure if the supplier does not remove the temporary storage structure as required by this subsection. The supplier shall be liable for all removal costs incurred by the city and failure to pay said costs, upon demand by the city, shall constitute a code violation and shall result in a lien being imposed pursuant to Chapter 162, Florida Statutes, in the amount of said costs. (d) For good cause shown by the owner of the property at which the temporary storage structure will be supplied, the time periods set forth in subparagraph (b) may be extended by the city manager. The duration ofthe extension shall be reasonably related and proportionate to the cause shown, but shall not exceed more than thirty (30) days per extension. or-eity -. • • • • . ••• • •1 - •.•• J •11 • • • • 11 • .11 ••- •F• •• . • • • • • . • 11 • • • •• • • '• • - • • - • • - • I••: • • • •. • Good cause being limited to emergencies and situations where there exists a reasonable risk or threat to life and property damage. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. 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 City of Winter Springs Ordinance No. 2011 -04 Page 2 of 3 be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. 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 the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2011. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO - LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: January 24, 2011 Second Reading: Effective Date: City of Winter Springs Ord No. 2011 -04 Page 3 of 3