HomeMy WebLinkAboutResolution 2022-32 Temporarily Suspending Enforcment of Certain Time Restrictions under Sec 6-87, City Code - Temporary Storage Structures & Roll-Off Dumpsters RESOLUTION NO. 2022-32
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,TEMPORARILY
SUSPENDING THE ENFORCEMENT OF CERTAIN TIME
RESTRICTIONS UNDER SECTION 6-87 OF THE CITY CODE
PROHIBITING THE USE OF TEMPORARY STORAGE STRUCTURES
FOR HOMES DAMAGED BY HURRICANE IAN FOR A PERIOD OF
SIX (6) MONTHS; SUSPENDING ANY CITY CODE OR SOLID
WASTE FRANCHISE PROVISION THAT IMPOSES A MAXIMUM
TIME LIMITATION ON THE USE OF ROLL-OFF DUMPSTERS BY
HOMEOWNERS TO REPAIR DAMAGE CAUSED BY HURRICANE
IAN FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, 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, pursuant to Section 6-87 of the City Code, the City currently limits the use of
temporary storage structures to no more than a maximum of seventy-two (72) consecutive hours,
and such structures are defined to mean "a structure designed and used primarily for storage of
building materials, household goods, and other such material;" and
WHEREAS, Hurricane Ian impacted the City of Winter Springs and caused significant
damage to property within the City, particularly due to extraordinary rainfalls, and many home
owners have experienced substantial flooding damage within the City requiring an immediate
need for additional options to store personal belongings while their homes are under repair; and
WHEREAS, the City Commission desires to afford homeowners additional time to
maintain a temporary storage structure on their property, to store their personal belongings, for
a reasonable period of time during which the homeowner is actively engaged in permitting and
repairing the damage to their home caused by Hurricane Ian; and
WHEREAS, the City Commission also desires to suspend any city code or solid waste
franchise provision, if any, that imposes a maximum time limitation on the use of roll-off
dumpsters by homeowners to repair damage caused by Hurricane Ian for a period of six (6)
months; and
WHEREAS, on September 23, 2022, Governor Ron DeSantis issued Executive Order 22-
218, declaring a state of emergency for several counties within the State of Florida in response to
Hurricane Ian,and said Executive Order was expanded on September 24, 2022,for the entire State
of Florida via Executive Order 22-219,which will continue to be effective until November 22,2022;
and
WHEREAS, the City Commission of the City of Winter Springs declared a state of civil
emergency prior to Hurricane Ian's arrival pursuant to Sections 4.05 and 4.06 of the City Charter,
City of Winter Springs
Resolution No. 2022-32
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Section 2-255 of the City Code, and Section 252.38(3), Florida Statutes, via Resolution 2022-26,
which commenced at 8:00 a.m. on September 27, 2022 and expired on October 4, 2022; and
WHEREAS, the City Commission believes that temporarily relaxing of the seventy-two
hour time period, and waiver of permit fees, regarding use of temporary storage structures by
homeowners suffering damage from Hurricane Ian is in the best interest of the citizens of Winter
Springs to allow for repairs to take place and to limit further financial hardship to residents
impacted by the storm; and
WHEREAS, all other regulations regarding temporary storage structures shall remain in
place and shall be enforced; and
WHEREAS, City Commission deems that this Resolution is in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated herein by reference.
Section 2. Temporary Suspension of 72 hour time limitation and permit fee.
The Winter Springs City Commission hereby approves temporarily suspending the enforcement
of the following regulations for six (6) months, beginning on October 25, 2022, as follows:
1. Section 6-87. A homeowner, who demonstrates to the City that their home was
damaged by Hurricane Ian, may utilize a temporary storage structure on their property for a
duration of time greater than seventy-two (72) hours if said structure is needed by the owner to
store personal belongings required to be removed from their home while the damage to their
home is being permitted and repaired. Permit fees are waived for such temporary storage
structures allowed by the City. The intent of this suspension of the seventy-two hour restriction
and waiver of permit fee is to allow the homeowner to keep their personal belongings on their
property while their home is being repaired due to damage caused by Hurricane Ian.
2. Roll-Off Dumpsters. To the extent that the City Code or Solid Waste Franchise imposes
a maximum time limitation for the use of roll-off dumpsters by homeowners on their property,
said time limitation is hereby suspended if the roll-off dumpster is required by the homeowner to
repair damage to their property caused by Hurricane Ian. It is the intent of this suspension to
apply to homeowners who can demonstrate to the City that their home was damaged by
Hurricane Ian and the dumpster is required to repair said damage.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word,
or portion of this Resolution is for any reason held invalid or unconstitutional by a court of
competent jurisdiction, whether for substantive or procedural reasons, 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 Resolution.
City of Winter Springs
Resolution No. 2022-32
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Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts
of resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Effective Date. This Resolution shall become effective immediately upon
its adoption by the City Commission of the City of Winter Springs, Florida, and shall expire six (6)
months after its adoption. This effective date of this resolution may be extended or reduced by
the City Commission by majority vote as deemed necessary at the sole discretion of the
Commission.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this 24th day of October, 2022.
KEVIN McCANN, Mayor
ATTEST:
CHRISTIAN GOWAN, City Clerk
Appr d as to legal form and sufficiency for ; ,
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ANTHONY A. GARGANESE, City Attorney `'ice• •.•�� •V�
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City of Winter Springs
Resolution No. 2022-32
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