HomeMy WebLinkAboutResolution 2023-04 Extending Temporary Suspension of Enforcement of Time Restrictions for Temporary Storage RESOLUTION NO. 2023-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, EXTENDING
THE TEMPORARY SUSPENSION OF 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
THROUGH APRIL 30, 2023; 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 THROUGH APRIL 30, 2023; 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 materials;" 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 extend the time afforded to homeowners 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 extend the suspension of 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
approximately 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
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Hurricane Ian,and said Executive Order was expanded on September 24, 2022,for the entire State
of Florida via Executive Order 22-219,which was extended by Executive Order 22-268 and remains
in effect until January 20, 2023; 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,
Section 2-255 of the City Code, and Section 252.38(3), Florida Statutes, via Resolutions 2022-26,
2022-34, 2022-36, 2022-37, 2023-01, and shall consider further extension via Resolution 2023-05;
and
WHEREAS, the City Commission believes that extending the temporary relaxation of the
seventy-two (72) 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, the City Commission previously adopted Resolution 2022-32, which
temporarily suspended the enforcement of the time restrictions described above; and
WHEREAS,the City Commission desires to extend the temporary suspension in Resolution
2022-32 such that it will expire on April 30, 2023; and
WHEREAS, all other regulations regarding temporary storage structures shall remain in
place and shall be enforced; and
WHEREAS, the City Commission deems that this Resolution is in the best interests of the
public health, safety, and welfare of the Citizens of the City 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 through April 30, 2023, 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
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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 structures
allowed by the City. The intent of this suspension of the seventy-two (72) 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.
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 S. 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 at 11:59 p.m. on April 30, 2023.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a �
meeting assembled on this day of January, 2023.
KEVIN McCANN, Mayor
ATTEST: c
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CHRISTIAN GOWAN, City Cleric
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Approved as to legal form and sufficiency for '��w•.' w��N
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City of Winter Springs
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the Ci of er Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2023-04
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