Loading...
HomeMy WebLinkAbout2023 01 23 Regular 501 - Extension of Permitting Fee Waivers Related to Hurricane Ian • REGULAR AGENDA ITEM 501 ,n m=ared CITY COMMISSION AGENDA I JANUARY 23, 2023 REGULAR MEETING 1959 TITLE Extension of Permitting Fee Waivers Related to Hurricane Ian SUMMARY The City Commission previously approved Resolutions 2022-29 and 2022-32 on October 10th and 24th respectively to temporarily suspend portions of the City Code and provide relief to residents impacted by Hurricane Ian for a period of 6 months. Resolution 2022-29 temporarily suspended Section 20- 431 of the City Code related to recreational vehicles as living quarters in residential zoning. Resolution 2022-32 temporarily suspended certain time restrictions detailed in Section 6-87 of the City Code related to temporary storage structures and roll-off dumpsters. Residential permitting fees were also suspended for work being completed due to damage from Hurricane Ian. This item seeks to extend the timeframe for the temporary suspensions and provide a uniform end date of April 30, 2023. RECOMMENDATION Staff recommends the Commission approve Resolutions 2023-03, 2023-04, and 2023-06. 66 RESOLUTION NO. 2022-29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, TEMPORARILY SUSPENDING THE ENFORCEMENT OF CERTAIN REGULATIONS PROHIBITING THE USE OF RECREATIONAL VEHICLES FOR LIVING QUARTERS IN RESIDENTIAL ZONING DISTRICTS 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, the City Commission of the City of Winter Springs previously adopted regulations prohibiting the use of recreational vehicles as temporary living quarters or living units when parked in residential zoning districts of the City, pursuant to Section 20-431 of the City Code and other applicable code provisions; 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 property owners have experienced substantial flooding damage within the City; 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, 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 term "recreational vehicles" includes camping trailers, truck campers, motor homes, house trailers or other such vehicles designed or modified to provide temporary living quarters or designed or modified to facilitate recreation, camping or travel by accommodating the needs for temporary quarters, in accordance with the Winter Springs City Code; and WHEREAS, there has been an increased demand to utilize recreational vehicles parked on residentially zoned property for temporary living quarters while damage to permanent residences caused by Hurricane Ian is repaired; and WHEREAS, the City Commission believes that temporarily relaxing certain provisions of the City Code regarding use of recreational vehicles parked on residentially zoned property for living quarters or units for the next six(6) months is in the best interest of the citizens and business City of Winter Springs Resolution No. 2022-29 Page 1 of 3 67 owners 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 recreational vehicles shall remain in place and shall be enforced, such as the requirement to park behind the front building line and the prohibition on parking recreational vehicles within the right-of-way on any city street, alley, lane, way, drive or other thoroughfare overnight; 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 Certain Recreational Vehicles Regulations. The Winter Springs City Commission hereby approves temporarily suspending the enforcement of certain provisions of Section 20-431 of the City Code for six (6) months, beginning on October 10, 2022, as follows: 1. Section 20-431(1)(c) and 20-431(1)(f)3.. An owner of real property may occupy a recreational vehicle as a temporary living quarter while such recreational vehicle is parked or stored on their property within a residentially zoned district in the City, provided that such use of the recreational vehicle as a temporary living quarters shall only be permissible in circumstances where damage was sustained to the owner's permanent residence on said property during Hurricane Ian that remains unrepaired or where repairs are in progress and remain uncompleted. The intent of this suspension is to allow the property owner to use their recreational vehicle as a living quarter on their property while their primary residence is being repaired due to damage caused by Hurricane Ian. 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 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. City of Winter Springs Resolution No. 2022-29 Page 2 of 3 68 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 10t" day of October, 2022. KEVIN McCANN, Mayor ATTEST: CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the Cit Winter Springs only: NTHONY A. GARGANESE, City Attorney t�.J ••., City of Winter Springs Resolution No. 2022-29 Page 3 of 3 69 70 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 Page 1 of 3 71 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 Page 2 of 3 72 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. �M• W e' KEVIN McCANN, Mayor ATTEST: �4 CHRISTIAN GOWAN, City Clerk �Qa1NCS Appr as to legal form and sufficiency for X . ; , d 1k, the h Ci f Winter Springs only: 3; k ; ANTHONY A. GARGANESE, City Attorney `'ice• •.•�� •..%•v� 3EM1N0 City of Winter Springs Resolution No. 2022-32 Page 3 of 3 73 RESOLUTION NO. 2023-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, EXTENDING THE TEMPORARY SUSPENSION OF THE ENFORCEMENT OF CERTAIN REGULATIONS PROHIBITING THE USE OF RECREATIONAL VEHICLES FOR LIVING QUARTERS IN RESIDENTIAL ZONING DISTRICTS 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, the City Commission of the City of Winter Springs previously adopted regulations prohibiting the use of recreational vehicles as temporary living quarters or living units when parked in residential zoning districts of the City, pursuant to Section 20-431 of the City Code and other applicable code provisions; 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 property owners have experienced substantial flooding damage within the City; 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 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 term "recreational vehicles" includes camping trailers, truck campers, motor homes, house trailers or other such vehicles designed or modified to provide temporary living quarters or designed or modified to facilitate recreation, camping or travel by accommodating the needs for temporary quarters, in accordance with the Winter Springs City Code; and WHEREAS, there has been an increased demand to utilize recreational vehicles parked on residentially zoned property for temporary living quarters while damage to permanent residences caused by Hurricane Ian is repaired; and WHEREAS, the City Commission believes that temporarily relaxing certain provisions of City of Winter Springs Resolution No. 2023-03 Page 1 of 3 74 the City Code regarding use of recreational vehicles parked on residentially zoned property for living quarters or units for approximately the next six (6) months is in the best interest of the citizens and business owners 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 2022-29, which temporarily suspended the enforcement of certain regulations prohibiting the use of recreational vehicles for living quarters in residential zoning districts for a period of six(6) months,which would expire on April 10, 2023; and WHEREAS,the City Commission desires to extend the temporary suspension in Resolution 2022-29 such that it will expire on April 30, 2023; and WHEREAS, all other regulations regarding recreational vehicles shall remain in place and shall be enforced, such as the requirement to park behind the front building line and the prohibition on parking recreational vehicles within the right-of-way on any city street, alley, lane, way, drive or other thoroughfare overnight; 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 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 Certain Recreational Vehicles Regulations. The Winter Springs City Commission hereby approves temporarily suspending the enforcement of certain provisions of Section 20-431 of the City Code through April 30, 2023, as follows: 1. Section 20-431(1)(c) and 20-431(1)(f)3. Recreational vehicles may be occupied as temporary living quarters while such recreational vehicle is parked or stored within a residentially zoned district in the City, provided that such use of the recreational vehicle as a temporary living quarters shall only be permissible in circumstances where damage to the owner's permanent residence was sustained during Hurricane Ian that remains unrepaired or where repairs are in progress and remain uncompleted. 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. City of Winter Springs Resolution No. 2023-03 Page 2 of 3 75 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 at 11:59 p.m. on April 30, 2023. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 23rd day of January, 2023. KEVIN McCANN, Mayor ATTEST: CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2023-03 Page 3 of 3 76 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 City of Winter Springs Resolution No. 2023-04 Page 1 of 4 77 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 City of Winter Springs Resolution No. 2023-04 Page 2 of 4 78 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 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 at 11:59 p.m. on April 30, 2023. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 23" day of January, 2023. KEVIN McCANN, Mayor ATTEST: CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for City of Winter Springs Resolution No. 2023-04 Page 3 of 4 79 the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2023-04 Page 4 of 4 80 RESOLUTION NO. 2023-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR A TEMPORARY WAIVER OF RESIDENTIAL BUILDING PERMIT FEES FOR REPAIRS RELATED TO BUILDING OR STRUCTURAL DAMAGE CAUSED BY HURRICANES IAN AND NICOLE; PROVIDING FOR A FILING PERIOD FOR ELIGIBLE BUILDING PERMIT APPLICATIONS; PROVIDING FOR SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, Hurricane Ian and Hurricane Nicole caused significant damage to many properties within the territorial boundaries of the City of Winter Springs; and WHEREAS, at the time of adoption of this Resolution, the City of Winter Springs is still under a state of local civil emergency as declared by Resolution 2023-05, and damage from the Hurricanes continues to cause adverse impacts to the citizens of Winter Springs; and WHEREAS, at the October 3, 2022 Special Meeting of the Winter Springs City Commission, the Commission and City Manager announced the intent not to charge residential building permit fees related to repairs associated with damage from Hurricane Ian, and the City has not charged such fees since the October 3, 2022 Special Meeting; and WHEREAS,the City Commission now desires to formally adopt a resolution temporarily waiving such fees for applicable building permit applications filed through April 30,2023,in order to expedite the repairs required as a result of the damage caused by the Hurricanes and to provide relief to property owners suffering from hurricane-related hardships; and WHEREAS,this Resolution is adopted pursuant to the Municipal Home Rule Powers Act, Sections 166.222 and 553.80, Florida Statutes, authorizing the governing body of a municipality to provide a schedule of reasonable fees to enforce the Florida Building Code, and the emergency powers vested in the City Commission pursuant to applicable law; WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF WINTER SPRINGS,FLORIDA,AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. City of Winter Springs Resolution No.2023-06 Page 1 of 2 81 Section 2. Intent and Purpose. It is the intent and purpose of this Resolution to only address building or structural damage to residences directly caused by Hurricane Ian or Hurricane Nicole. This Resolution is not intended to apply to building permit applications filed with the City that are not related to repairing building or structural damage caused by these Hurricanes. Section 3. Temporary Waiver of Residential Building Permit Fees. The City Commission of the City of Winter Springs hereby provides that residential building permit fees are hereby waived for any residential building permit application filed with the City related to repairing a residential building or structural damage to a residential building caused by Hurricane Ian or Hurricane Nicole. All such applications must be filed with the City's Building Division by April 30, 2023 to be eligible for the temporary waiver of fees. For purposes of granting the building permit fee waiver, the building official or his or her designee shall be responsible for verifying that the repairs being permitted are directly related to damage caused by Hurricane Ian or Hurricane Nicole. Notwithstanding the fee waiver authorized by this Section, all building application, licensing, insurance, inspection, and other building permit conditions required by law shall apply. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution 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 resolution. 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 at 11:59 p.m. on April 30,2023. RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting assembled on the 23rd day of January, 2023. KEVIN McCANN,Mayor ATTEST: CHRISTIAN GOWAN,City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No.2023-06 Page 2 of 2 82