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HomeMy WebLinkAboutSupplement No.12SUPPLEMENT NO. 12 June 2008 CODE OF ORDINANCES City of ' . . . ' , • , Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 2008-07, adopted April 14, 2008. See the Code Comparative Table for further information. Included in the Charter is: Ordinance No. 2008-09, adopted May 27, 2008. See the Charter Comparative Table for further information. Remove old pages 15-18 67 147-148.2 367, 368 387, 388 495-502 1157, 1158 1177 2101 2145, 2146 3111-3119 3129-3138 Insert new pages 1X-X1V Checklist of up-to-date pages (following Table of Contents) 15-21 67 147-148.2 367, 368 387-391 495-502.2 1157-1158.2 1177-1189 2101 2145, 2146 3111-3119 3129-3138 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www,municode.com TABLE OF CONTENTS i Current Officials of the City .................................. Preface..................................................... v Adopting Ordinance ......................................... Checklist of Up -to -Date Pages ................................ [1] CHARTER Charter..................................................... 1 Art. I. Corporate Name .................:........... 3 Art. H. Territorial Boundaries ....................... 3 Art. III. Powers of the City. 0 3 Art. IV. Governing Body ........................... 0 3 Art. V. City Manager ............................... 7 Art. VI. Administrative Departments ................ 8 Art. VII. Financial Procedure ........................ 9 Art. VIII. Nominations and Elections ................ 10 Art. DX. Initiative and Referendum .................. 11 Art. X. Amendments ................................ 13 Art. XI. Severability. ......................Dammam.... 13 Art, XII. Powers..... $90 13 Art. XIII. Transitional Provisions .................... 13 Charter Comparative Table .................................. 67 PART II CODE OF ORDINANCES Chapter 1. General Provisions ....................................... 77 2. Administration........ 00000066000 0*0 04000#0 060*00* 0*0 0#0 133 Art. I. In General ................................... 136.1 Art, II. City Commission ............................ 136.2 Art. III. Boards, Committees, Commissions ........... 136.2 Div. 1. Generally ............................... 136.2 Div. 2. Code Enforcement ....................... 138 Subdiv. A. Board ........................... 138 Subdiv. B. Citations ........................ 140.3 Div. 3. Reserved.... ... me 49 at & 6 0 0 0 0 9 9 0 0 0 0 0 0 a 0 6 a 144 Div. 4. Beautification Board ..................... 144 Art. IV. Elections ................................... 145 Art. V. Annexations and Rezoning ................... 148 Art, VI. Finance.... 060 148 Div. 1. Generally ............................... 148 Supp. No. 12 ix WINTER SPRINGS CODE Chapter Page Purchasing .............................. 148 Div. 3. City -Owned Personal Property ............ 148.1 Art. VII. Emergency Management .................. a 149 Div. 1. Generally ............................... 149 Div. 2. Conditions of Emergency ................. 152 3. Alcoholic Beverages ...................................... 203 4. Animals, --------- 21F;7 5. Tree Protection and Preservation ......................... 309 App. A. Undesirable Trees .......................... 327 App. B. Desirable Trees ............................. 329 App. C. Caculating Tree Protection Zone ............. 334 App. D. Tree Protection Area Signage ................ 353 6. Buildings and Building Regulations ....................... 365 Art. I. In General ........ . .......... . ...F9 Art. II. Administration.. 369 Div. 1. Generally ............................... 369 Div, 2. Reserved.......... 377 Art. III. Building Construction Standards ............ 377 Art. IV. Electricity .................................. 378.3 Art. V. Plumbing ................................... 378A Art. VI. Mechanical... 379 Art. VII. Unsafe Buildings .......................... 379 Art. VIII. Fences, Walls, Hedges ..................... 380 Art. IX. Swimming Pools ............................ 382 Art, X. Gas Code ................................... 386 Art. XI. Reserved.............. & 386 Art. XII. Citations; Unlicensed Contractors; Failure to Obtain Building Permit .................... 386 Art. XIII. International Property Maintenance Code .. 389 7. Fire Prevention and Protection ........................... 433 Art. I. Fire Department ............................. 435 Art, II. In General .................................. 435 Art. III. Local Amendment to the Florida Fire Preven- tion Code .................................. 436 Art. IV. Fire Hydrants .............................. 437 8. Flood Damage Prevention ................................ 493 Art. I. In General ................................... 495 Art. II. Administration .............................. 501 Art. III. Standards ................................. 504 9. Land Development ....................................... 555 Art. I. In General ................................... 561 Art. H. Procedure for Securing Approval of Plans and Plats ....................................... 564.2 Div. 1. Generally ............................... 564.2 Div. 2. Preliminary Plan ........................ 564.2 Supp. Mn 12 g TABLE OF CONTENTS—Conva, Chapter Page Div. 3. Final Development Plan, Final Plat ....... 566 Art. III. Design Standards .......................... 569 Div. 1. Generally ............................... 569 Div. 2. Lots and Blocks... 571 Div. 3. Streets and Alleys ....................... 572 Art. IV. Required Improvements.. 576 Div. 1. Generally ............................... 576 Div. 2. Streets and Bridges ...................... 579 Div. 3. Sidewalks, Driveways, Curbs and Gutters . 582 Div. 4. Drainage...............................0 582.1 Div, 5. Utilities.......... ... 00090*060 0 64 0664*04* 584.1 Div. 6. Off -Street Parking and Loading........... 585 Div. 7. Dumpsters .............................. 591 Art. V. Design Standards ............................ 592 Art. VI. Site Plan Review ........................... 604 Div. 1. Generally ............................... 604 Div. 2. Site Plan Review Board....... 604 Art. VII. Uniform Building Numbering System ....... 605 Art. VIII. Impact Fees .............................. 607 Div. 1. Generally ............................... 607 Div. 2. Transportation Facilities ................. 607 Div. 3. Police, Fire, Public Buildings and Parks and Recreation .............................. 627 Div. 4. Reserved................ 632 Art. IX. Vested Rights .............................. 632 Art. X. Concurrency Administration and Evaluation Pro- cedure...................................... 638 Div. 1. Overview and Exemptions ................ 638 Div. 2. Levels of Service Standards (LOS) ........ 641 Div. 3. Concurrency Administration .............. 643 Div. 4. Appeal Procedures ....................... 644 Div. 5. Transportation Facility Proportionate Fair" Share Mitigation Program ................ 644.1 Art. XI. Nonconformities ............................ 644.6 Art. XII. Minimum Community Appearance and Aes- thetic Review Standards.. sea 00#00*0 so* 69 4 649 10. Licenses and Business Regulations ...................... 693 Art. I. In General.... 0 66 *#66 048 000 695 Art. II. Local Business Tax Receipts ................. 695 Art. III. Sexually Oriented Businesses and Adult Enter- tainment Establishments ................... 696 Art. IV Amusements ............................... 735 Art. V. Peddlers and Solicitors and Miscellaneous Sales 735 Art. VI. Secondhand Precious Metals ................ 737 11. Miscellaneous Offenses .................................. 761 Art. I. In General ................................... 817 Supp. No. 12 X1 WINTER SPRINGS CODE Chapter Page Art. H. Administration .............................. 818 Art. III. Regulations ................................ 820 Div. 1. Generally ............................... 820 Div. 2. Stopping, Standing, Parking .............. 822 13. Nuisances, . 0 9 0 8 A 0 0 & a 0 0 0 0 4 0 # 4 0 0 a 0 0 0 0 a 0 0 4 0 & & 0 0 a 6 0 0 0 6 0 873 Art. I. In General, . 9 * a 0 9 0 0 0 6 * 0 0 a & 0 0 0 0 0 a d 9 0 0 & a & 0 0 0 0 a 875 Art. II. Noise. # a & 0 * 0 0 a 6 4 0 0 & 0 0 0 too&#** 0 0 9 a 0 0 d 9 0 a & 0 879 Div. 1. Generally ............................... 879 Div. 2. Powers and Duties of Noise Control Officer 880.1 Div. 3. Prohibited Acts .......................... 880.2 Div. 4. Exceptions and Variances ............... 0 880.4 Div. 5. Sound Levels by Receiving Land Use. . * 0 0 6 880.5 Div. 6. Measurement Procedures, . & 0 4 0 0 9 0 * o * 0 & & 0 a 880.6 Div. 7. Enforcement... 9 a # 0 0 9 6 6 0 0 0 880.7 Art. III. Fire and Security Alarms ................... 880.8 Arlo iV. iv iscenaneous Auisances ................... 0 881 Art. V. Public Nuisance Abatement Board ............ 882 14. Personnel .............................................. 931 Art. I. In General, . 0 * to d 4 0 9 6 6 0 4 0 * & 6 4 0 & 0 6 a P 0 W 0 4 0 0 6 6 933 Art. 11. Old Age and Survivors insurance ............. 933 Art. III. Pension Plan ............................... 934 15. Planning ............................................... 985 Art. I. In General, . 6 * 6 do a 0 f 0 0 a 0 4 0 a & & 4 0 9 0 & 6 4 0 & 0 6 0 0 0 0 987 Art. II. Comprehensive Plan ......................... 987 Art. III. Comprehensive Plan Amendments ........... 987 16. Signs and Advertising, . 4 0 a 6 0 0 a 0 6 0 0 4 a & 6 P 0 0 0 a 6 1 4 a 0 6 0 0 0 a 0 o 1041 Art. I. In General ................................... 1043 Art. II. Distribution of Handbills and Periodicals ..... 1043 Art, III. Signs.....................................4 1045 Div. 1. Generally ............................... 1045 Div. 2. Standards ............................... 1050 17. Streets, Sidewalks and Other Public Places, . 0 & 6 & 1101 Art. I. In General, . * 6 0 & 4 9 a 0 6 4 0 0 6 & 6 0 0 6 & 6 0 4 1103 Art, II. Streets ..................................... 1103 Art. III. Sidewalks.................................0 1105 Art. IV. Excavations...............................0 1105 18. Taxation ............................................... 1157 Art. I. In General ................................... 1159 Art. II. Municipal Public Service Tax ................. 1159 Art. III. Local Improvements Assessments............ 1162 Div. 1. Generally ............................... 1162 Div. 2. Assessed Areas and Advisory Committees.. 1164 Div. 3. Local Improvement Assessments .......... 1166 Div. 4. Related Service Assessments .............. 1169 Div. 5. Collection of Assessments ................ 1173 Div. 6. Issuance of Obligations ................... 1175 Supp. No. 12 xll TABLE OF CONTENTS-Cont'd. Chapter Page Div. 7. General Provisions ....................... 1176 Div. 8. Specific Special Assessment Disticts and Areas ................................... 1176 Art. IV. Fire Rescue Assessment ..................... 1177 Div. 1. Introduction ............................. 1177 Div. 2. Annual Fire Rescue Assessments.......... 1180 Div. 3. Collection and Use of Fire Rescue Assess- ments ................................... 1186 Div. 4. General Provisions ....................... 1189 19. Utilities ................................................ 1227 Art. I. Solid Waste .................................. 1230.1 Art. II. Wastewater System ......................... 1230.1 Div. 1. Generally ............................... 1230.1 Div. 2. Administration .......................... 1232 Div. 3. Use Regulations ......................... 1235 Div. 4. Rates, Fees and Charges ................. 1238 Div. 5. Sewerage Revenue Generation System .... 1251 Art. III. Reclaimed Water System .................... 1253 Art. IV. Potable Water Supply ....................... 1256 Div. 1. Generally ............................... 1256 Div. 2. Cross -Connection Control, Backflow Preven- tion..................................... 1256 Art. V. Stormwater Management Utility .............. 1257 Art. VI. Water Shortage Conditions and Shortages .... 1260.7 Art. VII. Reserved... @*000 *&*a*@ 00 1263 Art. VIII. Utility Protection and Enforcement......... 1263 20. Zoning ................................................. 1305 Art. I. In General ................................... 1311 Art. II. Administration... 1316 Div. 1. Procedure; Land Use Decisions ........... 1316 Div. 2. Planning and Zoning Board ............... 1321 Div. 3. Board of Adjustment ..................... 1323 Art. III. Establishment of Districts .................. 1324 Div. 1. Generally .............................. 0 1324 Div. 2. R-1AAA Single -Family Dwelling Districts.. 1326 Div. 3. R-CI Single -Family Dwelling District...... 1327 Div. 4. R4AA and R4A One -Family Dwelling Dis- tricts .................................... 1328 Div. 5. R-1 One -Family Dwelling Districts ........ 1330 Div. 6. R-3 Multiple -Family Dwelling Districts .... 1330 Div. 7. C-1 Neighborhood Commercial Districts ... 1332 Div. 8. C-2 General Commercial District.......... 1332.2 Div. 8.5. I4 Light Industrial District ............. 1334 Div. 9. R-U Rural Urban Dwelling Districts ...... 1336.1 Div. 10. T-1 Trailer Home Districts ............... 1336.2 Div. 11. R-T Mobile Home Park Districts ......... 1337 Div. 12. Town Center District Code ............. a 1341 Div. 13. Greeneway Interchange Zoning District .. 1342.36 Supp. No. 12 Xili WINTER SPRINGS CODE Chapter Page Div. 14. CC Commerce Center Zoning District .... 1342.52 Div. 15. C-3 Highway 19-92 Commercial District.. 1342.54 Art. IV. Planned Unit Developments ................ 0 1343 Div. 1. Generally ..............................0 1343 Div. 2. Part A. Planned Unit Development........ 1343 Div. 3. Part B. Planned Unit Development........ 1352 Art. V. Supplemental District Regulations ............ 1364 Div. 1. Generally ............................... 1364 Div. 2. Motor Vehicles ..........................0 1366 Div. 3. Siting and Regulation of Telecommunica- tions Towers ............................. 1369 Art. VI. S.R. 434 Corridor Vision Plan ............... 1378.2 Div. 1. S.R. 434 Corridor Overlay District ....... 0 1378.2 Div. 2. General Design Standards for New Develop- ment Area ............................... 1378.3 Div. 3. General Design Standards for Redevelop- mentArea ............................... 1391 Div. 4. Reserved ................................ 1404 Code Comparative Table-1974 Code ......................... 2091 Code Comparative Table —Ordinances ........................ 2093 State Law Reference Table ................................... 2145 Charter Index ............................................... 2197 CodeIndex ................................................. 31010 Supp. No. 12 Xlv Checklist of Up -to -Date Pages his checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 135, 136 9 iii 10 136.1, 136.2 3 v, vi OC 137, 138 8 vii, viii OC 139, 140 8 ix, x 12 140.1, 140.2 2 xi, xii 12 140.3, 140.4 2 xiii, xiv 12 1412 142 1 1, 2 2 143, 144 10 3, 4 2 145, 146 6 5, 6 2 147, 148 12 7, 8 2 148.1, 148.2 12 9, 10 2 149, 150 OC 11, 12 2 151, 152 OC 13, 14 3 203, 204 4 15, 16 12 205, 206 4 17, 18 12 207, 208 4 19, 20 12 257 OC 21 12 259 OC 67 12 30% 310 5 77, 78 4 311, 312 5 79, 80 OC 313, 314 10 81, 82 OC 315, 316 5 83 4 317, 318 5 133, 134 9 319, 320 5 Supp. No. 12 Ill WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 321, 322 5 5017 502 12 323, 324 5 502.1, 502.2 12 325, 326 5 503, 504 1 327, 328 5 505, 506 1 329, 330 5 507 1 331, 332 5 555, 556 9 333, 334 5 556.1, 556.2 9 335, 336 5 5572558 6 37,338 5 55% 560 10 39,340 5 561,562 9 341, 342 5 562.1, 56202 10 43,344 5 5632564 10 45,346 5 564.1, 56402 9 47,348 5 564.31 564.4 9 AO 99n r ror eon �,n vvw v .IVV, uuu U#WV 351, 352 5 567,568 OC 353 5 5692570 OC 65,366 9 571,572 OC 67,368 12 .573, 574 2. 36% 370 2 574.1, 574.2 3 71,372 2 575,576 OC 73,374 2 577, 578 OC 75,376 2 57% 580 OC 376.1, 376.2 2 581,582 6 77,378 6 582.1, 582.2 6 378.1, 378.2 6 583, 584 1 378.3, 378.4 6 584,1, 584.2 3 37% 380 3 585, 586 OC 81,382 9 587,588 OC 38201) 382.2 9 58% 590 5 83,384 3 591,592 5 85,386 3 592.12 592.2 3 87,388 12 593, 594 OC 38% 390 12 595,596 OC 391 12 597,598 OC 33,434 3 599, 600 OC 435, 436 2 601,602 OC 37,438 2 603,604 OC 43% 440 OC 605,606 2 412442 OC 607,608 7 493, 494 3 60% 610 7 95,496 12 611,612 OC 97,498 12 613,614 10 992500 12 615,616 OC Supp. No. 12 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 617, 618 OC 737, 738 6 61% 620 OC 761, 762 3 621, 622 OC 763, 764 OC 623, 624 OC 815, 816 3 625, 626 8 817, 818 OC 627, 628 8 819, 820 7 629, 630 8 821, 822 7 631, 632 5 823, 824 7 635, 636 OC 873, 874 7 637, 638 2 875, 876 6 639, 640 10 877, 878 6 641,642 10 87% 880 7 643, 644 10 880.1, 880.2 7 644.1, 644.2 10 880.3, 880.4 7 644.31 644.4 10 880.5, 880.6 7 644.5, 644.E 10 880.7, 880.8 7 645, 646 11 880.9, 880.10 7 647, 648 5 881, 882 6 64% 650 10 882.12 882.2 6 651, 652 10 8832884 5 693, 694 10 885 5 695,696 10 931,932 3 696.1, 696.2 10 9332934 3 697,698 5 985,986 3 69% 700 5 987, 988 3 701, 702 5 98% 990 3 703,704 5 10411 1042 10 705,706 10 1043, 1044 OC 707, 708 5 1045, 1046 10 709, 710 10 1047, 1048 10 711,712 5 1049, 1050 10 713,714 5 1051, 1052 10 715,716 10 10531 1054 10 7172718 5 1101, 1102 3 71% 720 5 1103,1104 11 721,722 5 1105, 1106 OC 7232724 5 1157, 1158 12 725, 726 10 1158.1, 1158.2 12 727,728 5 1159, 1160 2 72% 730 5 1161,1162 2 731, 732 10 116291) 1162.2 3 7332734 10 1163, 1164 OC 735,736 10 1165, 1166 3 736.1, 736.2 10 1167, 1168 OC 0 upp. No. 12 131 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 11692 1170 OC 1316.1, 1316.2 9 1171, 1172 OC 1317, 1318 6 11737 1174 OC 1319, 1320 6 1175, 1176 4 1321, 1322 6 11772 1178 12 1323, 1324 6 1179, 1180 12 1325, 1326 6 1181, 1182 12 1327, 1328 6 1183, 1184 12 132% 1330 6 1185, 1186 12 1331, 1332 10 1187, 1188 12 1332.1, 1332.2 10 1189 12 1332.3, 133204 10 12272 1228 10 1333, 1334 7 1229, 1230 10 1335, 1336 7 1230.1, 1230.2 10 1336.1, 1336.2 6 tir)on o ynon ,n �n, �"Uv.u, ��Uvs4 LV l��r�.3, 133n.4 6 1231, 1232 OC 1337, 1338 OC 1233, 1234 OC 133% 1340 OC 1235, 1236 OC 1341, 1342 1 1237, 1238 OC 1342.1, 1342.2 1 123% 1240 OC 1342.3, 1342.4 11 1241, 1242 10 1342.5, 1342.6 11 1243, 1244 10 1342.7, 1342.8 1 1245, 1246 10 1342.9, 1342010 1 1246.1, 1246.2 10 1342011) 1342012 1 1247, 1248 3 1342.13, 1342014 1 124% 1250 3 1342.15, 1342016 1 1251, 1252 3 1342017, 1342.18 1 1253, 1254 3 1342019, 1342.20 1 1255, 1256 3 1342.21, 1342.22 1 1257, 1258 6 1342.23, 1342.24 1 125% 1260 6 1342.25, 1342626 1 1260.1, 1260.2 6 1342.27, 1342.28 1 1260.3, 1260.4 6 1342.2% 1342.30 1 126005, 1260.6 10 1342.31, 1342632 7 1260.7, 1260.8 10 1342.33, 1342.34 7 1261, 1262 3 1342.3401) 1342.34.2 7 1263, 1264 3 1342.35, 1342636 1 1305, 1306 6 1342.37, 1342.38 7 1307, 1308 6 1342.3% 1342.40 7 1309, 1310 9 1342.41, 1342.42 1 1310.1, 1310.2 9 1342.43, 1342.44 10 1311, 1312 7 1342.51, 1342.52 6 1313, 1314 9 1342053) 1342.54 6 1315, 1316 9 1343, 1344 11 Supp. No. 12 141 Page No. 1345, 1346 1346.1, 1346.2 1346.3,1346.4 1347, 1348 134% 1350 1351, 1352 1353, 1354 135491) 1354.2 1355, 1356 1357, 1358 1359, 1360 1361, 1362 1363, 1364 1365, 1366 1366.1, 1366.2 1367, 1368 1369, 1370 1371, 1372 1373, 1374 1375, 1376 1377, 1378 1378.12 1378.2 1378.3, 1378.4 1379, 1380 1381, 1382 1383, 1384 1385, 1386 1387, 1388 1391, 1392 1392.12 1392.2 1393, 1394 1395, 1396 1397, 1398 139% 1400 1401, 1402 1403, 1404 1405, 1406 1407 2091, 2092 2093, 2094 2095, 2096 2097, 2098 2099, 2100 2101 Supp. No. 12 CHECKLIST OF UP-TO-DATE PAGES Supp. No. 11 11 11 OC OC OC 10 10 OC OC OC OC 6 9 9 4 10 10 10 10 10 10 10 OC OC 10 10 10 5 5 OC 1 10 10 10 5 1 1 OC OC OC 9 9 12 [5l Page No. 2145, 2146 2197, 2198 2199 3111, 3112 3113, 3114 3115, 3116 3117, 3118 3119 3121, 3122 3123 312% 3130 3131, 3132 3133, 3134 3135, 3136 3137, 3138 3141, 3142 3143, 3144 Supp. No. 12 2 2 12 12 12 12 12 10 10 12 12 12 12 12 10 10 i � 1 The territorial boundaries of the City of Winter Springs, Florida, shall be: All those certain par- cels of land lying and being in Seminole County, Florida, more particularly described as follows: Beginning at the intersection of the South line of North Orlando Ranches, Section 3, Extended, as recorded in Plat Book 12, Page 34, Public Records of Seminole County, Florida, with the West line of Section 10, Township 21 South, Range 30 East; run thence North 81°46'40" East a distance of 1289.14 feet to the Southwest corner of Lot 3, Block C, North Orlando Ranches Section 3; thence North 81°46'40" East a distance of 1375.24 feet to the Southeast corner of Lot 8, said Block C; thence North 04°27'08" East a distance of 317.00 feet; thence North 81°46'35" East a distance of 2102.08 feet; thence South 03°1951" West a dis- tance of 650.00 feet to the Southwest corner of Lot 7, Block D, North Orlando Ranches Section 1, as recorded in Plat Book 12, Page 3, Public Records of Seminole County, Florida; thence North 81°51'29" East a distance of 972.03 feet; thence South 05°18'29" West a distance of 2251.91 feet to the Southwest corner, Tract A, North Orlando Ranches, Section 7, as recorded in Plat Book 13, Page 3, Public Records of Seminole County, Florida; thence North 82051'47" East a distance of 3099.38 feet along the South line of North Orlando Ranches, Section 7, to the East right-of-way of Fisher Road and a curve concave Westerly with a radius of 627.35 feet; run thence 148.84 feet Southerly along said curve through a central angle of 13°35'38" to the Point of Tangency; thence South 04°07'45" West a distance of 1389.66 feet to the Southeast corner of that parcel of land described in O.R. Book 04355, Page 0863, Public Records of Seminole County, Florida; run thence Easterly approximately 680 feet to the Southeast corner of said parcel; thence North 02°43'24" West a dis- tance of 382.41 feet; thence North 08°20'54" West a distance of 213.03 feet; thence North 00°20'12" West a distance of 567.05 feet; thence South 85°28'11" East a distance of 234.36 feet; thence North 04013'22" East a distance of 173.18 feet; thence North 63°16'04" East a distance of 232.31 feet; thence South 85054'28" East a distance of 162.43 feet; thence South 01°2658" West a dis- App. A tance of 295.40 feet, thence South 85°2811 East a distance of 361.18 feet; thence North 00°5121" East a distance of 301.09 feet; thence South 85°22'34" East a distance of 297.19 feet to the Northwest corner of Tuscawilla Unit 5 as re- corded in Plat Book 20, Page 18, Public Records of Seminole County, Florida; thence South 04°57'42" West a distance of 300.00 feet; thence South 00°19'33" East a distance of 1057.79 feet to the Southwest corner of said Tuscawilla Unit 5; thence North 74°46'52" East a distance of 795.72 feet to the Northwest corner of Tuscawilla Trails Sub& vision as recorded in Plat Book 41, Page 6, Public Records of Seminole County, Florida; thence South 03°15' West a distance of 100.00 feet; thence South 86048' East a distance of 1090.71 feet to the West right-of4ay line of Tuskawilla Road and a point on a curve concave Southeasterly having a radius of 648.31 feet; run 166.37 feet Northerly along said curve through a central angle of 14042111"; thence North 86046'09" West a dis- tance of 43.09 feet; thence North 43°25'40" East along the West right-of-way line of Tuskawilla Road a distance of 897.60 feet; thence South 84056'22" East a distance of 484.37 feet to the West line of Winter Springs Unit 4 as recorded in Plat Book 18, Page 7, Public Records of Seminole County, Florida; thence South 04°04'15" West along said West line a distance of 1944.22 feet to the Southeast corner of Lake Tuskawilla Phase 1 as recorded in Plat Book 34, Page 69, Public Records of Seminole County, Florida; thence North 84055'22" West a distance of 1121.09 feet to the West right-of-way line of Tuskawilla Road; thence South 04024'22" West along said West right-of- way line a distance of 865.48 feet; thence South 85°00'00" East a distance of 1220.50 feet; thence South 57°08'04" East a distance of 184.34 feet; thence South 35°08'02" East a distance of 164.69 feA; thence North 37009'51" East a distance of 190.00 feet to the Northwest corner of Lot 11, Block D, Winter Springs, as recorded in Plat Book 15, Page 81, Public Records of Seminole County, Florida; thence South 52°50'29" East a distance of 170.00 feet; thence North 3700951" East a dis- tance of 99.14 feet; thence South 52°50'29" East a distance of 284.65 feet; thence North 31°06'10" East a distance of 226.87 feet; thence South 85°00'00" East a distance of 458.83 feet; thence South 20°29'25" West a distance of 50.00 feet; Supp. No. 12 15 App. A WINTER SPRINGS CODE thence South 56°17'22" East a distance of 258.58 feet; thence North 42°3449" East a distance of 247.48 feet; thence South 52°50'49" West a dis- tance of 314.86 feet to the Northeast corner of Lot 11, Block G of the aforesaid Winter Springs; thence Southwesterly along the East boundary of Winter Springs to the Southeast corner of Winter Springs; thence South 05°00'00" West a distance of 33.00 feet to the South line of Gardena Farms as recorded in Plat Book G, Page 23, Public Records of Seminole County, Florida; thence South 85°00'00" East a distance of 2837.17 feet to the Southeast corner of Gardena Farms; thence South 84°48'16" East a distance of 2404.62 feet to the Southeast corner of Winter Springs Unit 3 as recorded in Plat Book 17, Page 89, Public Records of Seminole County, Florida; thence North 00°15'09" East a distance of 2167.89 feet; thence North 87002'43" East a distance of 1083.26 feet; thence North 85°14'00" East a distance of 602.06 feet; thence South 00°14'26" East a distance of 687.30 feet; thence South 60°34129" East a distance of 750.00 feet to the Northeast corner of Tuska Ridge Unit 4 as recorded in Plat Book 46, Page 78, Public Records of Seminole County, Florida; thence South 50°17'37" West a distance of 423.20 feet; to the point of curvature of a curve concave easterly having a radius of 750.00 feet; run thence South- easterly along said curve through a central angle of 138°34'35" a distance of 1813.96 feet; thence South 01011'40" West a distance of 484.48 feet; thence South 57048'19" West a distance of 36.75 feet to the Northwest corner of Lot 12, Oviedo Crossing, Phase 1B as recorded in Plat Book 47, Page 80, Public Records of Seminole County Flor- ida; run thence Easterly and Northerly along the Western boundary of Lot 12 of Oviedo Crossing, Phase 1B to the Northeast corner of said Lot 12 which is on the West right-of4ay of Dovera Drive as shown on the plat of Oviedo Crossings, Phase 3 recorded in Plat Book 53, Page 29, Public Records of Seminole County Florida, said point being North 13°45'09" East 128.28 feet from the South- west corner of said plat; run thence Northeasterly along the west right-of-way line of Dovera Drive a distance of 1004.00 feet; thence North 73°53'18" West a distance of 156.52 feet; thence North 14041'17" West a distance of 167.67 feet; thence South 88°50'21" West a distance of 532.80 feet; thence North 00°14'26" West along the East bound- ary and an extension thereof of Tuskawilla Unit 7 as recorded in Plat Book 22, Page 41, Public Records of Seminole County, Florida a distance of 2157.34 feet to the Southwest corner of Tuskawilla Unit 13 recorded in Plat Book 29, Pages 1 & 2, Public Records of Seminole County, Florida; thence North 89°51'03" East a distance of 2741.19 feet; thence South 86°51'22" East a distance of 58 feet to the Southeast corner of said Tuskawilla Unit 13 and the Southwest corner of Chestnut Estates Phase 1 as recorded in Plat Book 48, Page 47, Public Records of Seminole County, Florida; run thence along the South line of said Chestnut Estates Phase 1, South 86°51'22" East a distance of 1227.44 feet; run thence North 00°04'00" East along the East line of said Chestnut Estates, Phase 1 a distance of 1660.19 feet to the South- west corner of Lot 214, Tuscawilla Unit 14B as recorded in Plat Book 37, Page 6, Public Records of Seminole County, Florida; thence North 89°15'45" East a distance of 672.03 feet to the Southeastn coxex° of Lot 219, Tuscawilla Unit 14B, as re- corded in Plat Book 37, Page 6, Public Records of Seminole County, Florida; thence North 00°02'21" East a distance of 989.84 feet to the South line of Lot 229, Tuscawilla Unit 14B; thence South 89°13'52" East a distance of 673.21 feet to the East right -of --way line of State Road 417; thence North 00°00'24" East a distance of 1318.99 feet; thence North 89°09'58" West a distance of 1349.55 A; thence North 00025'38" West a distance of 745.20 feet; thence South 89°58'22" East a dis- tance of 988.75 feet; thence North 00°40'35" East along the West right-of-way line of State Road 417 a distance of 745.55 feet; to the point of curvature of a curve concave Westerly having a radius of 3375.94 feet; run 270.45 feet Northerly along said curve through a central angle of 04035'24" thence North 55°45'00" West along the Northerly right- of-way line of the CSX railroad a distance of 1187.20 feet; thence North 00°30'53" West a dis- tance of 144.75 feet to the Southwest corner of Section 4, Township 21 South, Range 31 East; thence North 88°39'56" East a distance of 1294.50 feet to the Southwest corner of Worthington, as recorded in Plat Book 55, Page 7, Public Records of Seminole County, Florida; thence North 00°40'44" West along the West line of Worthington a dis- tance of 1134.57 feet; thence South 88°42'20" East a distance of 77.02 feet; thence North 00°38'03" Supp. No. 12 16 NEE East along the West line of Cassa-Villa-Heights as recorded in Plat Book 10, Page 97, Public Records of Seminole County, Florida a distance of 655.99 feet; thence South 88042'20" East a dis- tance of 300.00 feet; thence North 03°12'47" West a distance of 209.65 feet to the Northerly right- of4ay line of State Road 417; thence North 84°04'12" West a distance of 267 feet; thence North 560 feet; thence North 88°5921" East a distance of 2368.07 feet; thence South 00021'53" West a distance of 599.93 feet to the North right- of4ay line of State Road 434; thence North 89°16'58" East along said right-of-way line a distance of 1005.56 feet; thence North 00005'25" East a distance of 309.19 feet; thence North 88°48'36" East a distance of 692.15 feet; thence South 00°21'39" East a distance of 320.94 feet to the aforesaid North right-oflway line of State Road 434; thence North 89°23'02" East along said right -of --way line a distance of 665.45 feet; thence North 00°37'32" West a distance of 984.12 feet; thence North 89°4346" East a distance of 409.69 feet; thence North 02°20'25" East a distance of 100.10 feet; thence North 89°43'41" East a dis- tance of 205.00 feet to the West right -of --way line of DeLeon Street; thence North a distance of 800.00 feet; thence West a distance of 330.00 feet; thence North a distance of 70.00 feet; thence West a distance 330.00 feet; thence North 330.00 feet; thence East for a distance of 660.00 feet; thence North 00°58'58" West along the West right-of-way line of DeLeon Street a distance of 773.18 feet; thence South 89°13'57" West a distance of 481.69 feet; thence North 09°35'50" East a distance of 29.81 feet; thence South 89°01'14" West a dis- tance of 6224.16 feet along the North lines of Sections 3, 4 & 5, Township 21 South, Range 31 East; thence North 00°14'49" West a distance of 1003.76 feet; thence South 72°47'27" West along the shore of Lake Jesup a distance of 105.28 feet; thence South 05°34'34" West a distance of 1657.81 feet; thence South 89°18'43" West a distance of 204.30 feet to the West right-of-way line of State Road 417; thence North 27°20'30" West a distance of 1550.80 feet; thence North 89°38'22" West a distance of 1083.88 feet to the East line of Block B, First Addition to Mineral Springs Park as recorded in Plat Book 8, Page 46, Public Records of Seminole County, Florida; thence South 04°31'17" East a distance of 269.50 feet; thence North App. A 87°32East a distance of 193.60 feet; thence South 00°12' West a distance of 321.70 feet; thence South 06°05' West a distance of 507.30 feet; thence West a distance of 366.60 feet to the East right-of-way line of Spring Avenue; thence South 01°01'41" East a distance of 935.08 feet; thence South 89°51'49" West a distance of 1002.74 feet to the Southwest corner of Lot 16, Philip R. Yonge Grant, Section 5, Township 21 South, Range 31 East as recorded in Plat Book 1, Page 35, Public Records of Seminole County, Florida; thence North 01009'25" West along the west line of said Lot 16 and Mineral Springs Park 2nd Addition as recorded in Plat Book 11, Page 45, Public Records of Seminole County, Florida; a distance of 1495.00 feet; thence Northwesterly along the water's edge of Lake Jesup 6400 feet, more or less, to the Northwest corner of St. Johns's Landings as re- corded in Plat Book 53, Page 45, Public Records of Seminole County, Florida; Run thence South 29°24'23" West a distance of 592.85 feet to an extension of the South right-of-way line of Orange Avenue; thence Northwest along the South right- of-way of Orange Avenue for a distance of 530.00 feet; thence Northeasterly along the West line of Lot 10, Tuskawilla Shores, Plat Book 6, Page 93, Public Records of Seminole County, Florida; for a distance of 600.00 feet to Lake Jesup; thence Westerly along said Lake to the Northwest corner of Lot 5 of the aforesaid plat to Tuskawilla Shores; thence Southwesterly to the Southwest corner of said Lot 5; thence Northwesterly along the North right-of-way of Orange Avenue to the Southwest- erly corner of Lot 6 of Estes Tuskawilla, Plat Book 8, Page 29, Public Records of Seminole County, Florida; thence Northeasterly along the West line of Lot 6 for a distance of 370.00 feet; thence North 60° West to the West line of Lot 5 of said Plat; thence Northeasterly along said line to Lake Jesup; thence Westerly along the Shore of Lake Jesup for a distance of 180.00 feet; thence South- westerly along the West line of Lot 2 of said Plat to Orange Avenue; thence Northwesterly along Orange Avenue 235.00 feet; thence Northeasterly 250.00 feet; thence Southeasterly 100.00 feet; thence Northeasterly to Lake Jesup; thence along the shore of Lake Jesup 170.00 feet; thence South- westerly 700.00 feet to Orange Avenue; thence Northwesterly along Orange Avenue 750.00 feet; thence Northeasterly to Lake Jesup; thence along Supp. No. 12 17 App. A WINTER SPRINGS CODE the shore of Lake Jesup 660.00 feet, thence South- westerly along the West line of the East one half of Lot 7 and a Southerly extension to the South right-of-way of Orange Avenue; thence Northwest. erly along said right-of-way to the Northwest corner of Lot 12, D.R. Mitchell's Survey of Levy Grant, Plat Book 1, Page 5, Public Records of Seminole County, Florida; thence Northeasterly along the East line of Lot 9 of said Plat to the water's edge of Lake Jesup; run thence Westerly along said water's edge a distance of 2550 feet more or less to the Northeast corner of the West one half of Lot 3, Block C of the aforesaid D.R. Mitchell's Survey of the Levy Grant; thence South 08°12'44" East a distance of 1554.89 feet; thence South 83°05'46" West a distance 250.00 feet; thence North 07°59'42" West a distance of 1003.64 feet to the Southeast corner of Tract U, Parkstone Unit 3 as recorded in Plat Book 58, Page 17, Public Records of Seminole County, Florida; thence North 06°38'26" West a distance of 500.34 feet to the NoAheast COY"tlf;i Ol bL'aid Tract C; .cLLitl `vTle�"L- erly and Northerly along the water's edge of Lake Jesup approximately 5700 feet to the Northerly extension of the East line of Lot 10, Block C, D.R. Mitchell's Survey of the Levy Grant; thence South 08°02'00" East a distance of 2175.66 feet to the Northeast corner of Entzminger Farms Addition Number 2 as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida; thence South 84°25'04" West a distance of 2549.93 feet; thence North 74°17'03" West a distance of 1608.78 feet; thence South 07°38'40" East along the West line of Hartmans Industrial Park as recorded in Plat Book 32, Page 99, Public Records of Seminole County, Florida a distance of 1081.08 feet to the South line of The Old Sanford -Oviedo Road; thence North 76°17'58" West a distance of 231.75 feet; thence North 07035'42" West a distance of 230.15 feet; thence South 83°14'11" West a distance of 966.96 feet to the East right-of4ay line of State Road 419 and a curve concave Northeasterly having a radius of 2129.93 feet; run 700.57 feet Northerly along said curve and said right-of-way line through a central angle of 18°50'44"; thence continue along said right-of4ay line North 12°16'16" West a distance of 4468.27 feet to the point of curvature of a curve concave Easterly having a radius of 2423.72 feet; run 705.52 feet Northerly along said curve through a central Supp. Mn 12 jg angle of 16°40'42" to the point of tangency; thence North 00°30'54" East a distance of 543.18 feet to the point of curvature of a curve concave Easterly having a radius of 1560.97 feet; run 369.93 feet Northerly along said curve through a central angle of 13°34'42" to the point of reverse curva. ture of a curve concave Westerly having a radius of 1846.06 feet; run 358.31 feet Northerly along said curve through a central angle of 11°07'15"; thence North 0002454" West a distance of 1022.16 feet to the point of curvature of a curve concave Westerly having a radius of 403.67 feet; run 285.08 feet Northwesterly along said curve through a central angle of 40°2748" to the Southeastern right-of4ay line of U.S. Highway 17-92; thence South 40014'04" West a distance of 502.69 feet; thence South 49°51'57" East a distance of 160.73 feet; thence North 90000'00" East a distance of 80.00 feet; thence North 00°00'00" East a distance of 160.00 feet; thence North 90°00'00" East a distance of 113.62 feet; thence South 00°24'54" IJai�t a distance of 959.34 feet to the point of curvature of a curve concave Westerly having a radius of 1746.07 feet; run 340.77 feet Southerly along said curve through a central angle of 11°10'56" to the point of reverse curvature of a curve concave Easterly having a radius of 1660.89 feA; run 388.19 feet Southerly along said curve through a central angle of 13°23'29"; thence South 00°31'24" West a distance of 540.72 feet to the point of curvature of a curve concave Easterly having a radius of 2523.72 feet; run 734.54 feet Southerly along said curve through a central angle of 16040'34"; thence South 12016'16" East a distance of 4468.22 feet to the point of curvature of a curve concave Easterly having a radius of 1987.00 feet; run 261.57 feet Southerly along said curve through a central angle of 07°32'33"; thence South 84014'52" West a distance of 398.33 feet to the East line of Highland Lake, Phase 2, as recorded in Plat Book 48, Public Records of Sem- inole County, FL; thence North 08°07'25" West a distance of 3411.66 feet; thence North 70°20'58" West a distance of 1551.22 feet; thence South 81°30'23" West a distance of 851.10 feet to the Northwest corner of the Highlands, Section 1, as recorded in Plat Book 18, Page 95, Public Records of Seminole County, Florida; thence North 00°52'46" West a distance of 246.20 feet; thence South 89°28'35" West a distance of 744.60 feet; thence South 00°4146 East a distance of 1220.44 feet; thence South 85051'51" West a distance of 218.56 feet; thence South 00°45'11" East a distance of 358.83 feet to the North right -of --way line of Shepard Road; thence South 84°22'19" West a distance of 82.49 feet to the Southeast corner of Spring Hammock Replat as recorded in Plat Book 7, Page 96, Public Records of Seminole County, Florida; thence North 00°41'46" West a distance of 409.84 feet; thence South 89°51'55" West a distance of 1182.07 feet to the East right of way of U.S. Highway 17-92 and a curve concave South- easterly having a radius of 5758.51 feet; run 975.00 feet Southwesterly along said curve to a point 5.00 feet South of the South line of Lot 17, Block B, Oak Grove Park as recorded in Plat Book 7, Page 83, Public Records of Seminole County, Florida; thence South 60°25'22" East along a line 5.00 feet South of an parallel to said line a distance of 505.00 feet; thence South 04°06'14" West a distance of 520.00 feet to the Southeast corner of Lot 13, said Block B; thence North 67°25'16" West a distance of 653.89 feet to the East right-of-way line of U.S. Highway 17-92 and a curve concave Easterly having a radius of 7811.16 feet; run 216.21 feet Southerly along said curve through a central angle of 01°35'09"; thence South 69°23'37" East a distance of 698.53 feet to the Northeast corner of Boat Lake Terrace as re- corded in Plat Book 11, Page 3, Public Records of Seminole County, Florida; thence South 05°04'21" West a distance of 199.70 feet; thence North 71°32'45" West a distance of 736.37 feet to the East right -of --way line of U.S. Highway 17-92 and a curve concave Easterly having a radius of 7810.10 feet; run 426.73 feet Southerly along said curve through a central angle of 03°07'50"; thence South 77°09'12" East a distance of 792.13 feet to the Northeast corner of Lot 4, Block B of the aforesaid Oak Grove Plat; thence South 05°04'22" West a distance of 285.45 feet to the North line of Entzminger Farms Addition Number 3 as re- corded in Plat Book 6, Page 27, Public Records of Seminole County, Florida; thence South 83°29'30" West along said North line a distance of 380.64 feet; thence South 05°17'58" West a distance of 315.34 feet; thence South 83029'14" West a dis- tance of 495.24 feet to the Easterly right -of --way of U.S. Highway 17-92; thence South 05052'01" West along said right -of --way line a distance of 470.66 App. A feet; thence North 83°26'38" East along the North right -of --way line of Florida Avenue a distance of 12 38.64 feet to an intersection with the West line of Block D of Flamingo Springs as recorded in Plat Book 8, Page 72, Public Records of Seminole County, Florida; run thence Southeasterly along said West line of Block D a distance of approxi- mately 260 feet to the Southwest corner of Lot 9 of said Block D; run thence North 83°27'09" East a distance of 374.60 feet to the Southeast corner of said Lot 9, Block D; thence South 04°43'28" West a distance of 1205.49 to the Southeast corner of Williamson Heights as recorded in Plat Book 12, Page 36, Public Records of Seminole County, Florida thence South 82°5632" West a distance of 884.25 feet to the Southwest corner of said Wil- liamson Heights; thence North 04029'00" a Dis- tance of 297.98 feet; thence South 84°09'57" West a distance of 825.51 feet to the Easterly right-of- way line of U.S. Highway 17-92; thence South 04°49'28" West a distance of 303.78 feet to the North right -of --way line of Nursery Road; thence North 83044'32" East a distance of 435.72 feet; thence South 04°21'49" West a distance of 201.84 feet to the Southwest corner of Lot 1, Block D, Talmo Subdivision as recorded in Plat Book 17, Page 10, Public Records of Seminole County, Florida; thence North 83°16'08" East a distance of 473.33 feet through the Southeast corner of Lot 12, said Block D, to the East right-of4ay line of Talmo Street; thence South 04°45'00" West a distance of 1882.48 feet to the centerline of State Road 434; thence South 89°36'08" West a distance of 590.45 feet; thence South 10°32'40" West a distance of 253.10 feet; thence North 83°07'59" East a distance of 657.81 feet; thence North Ol°41'09" East a distance of 124.33 feet to the South right -of --way line of State Road 434; thence North 90000'00" East a distance of 1870.00 feet, thence North 80.00 feet more or less to the North right -of --way of State Road 434; thence North 03°06'26" West, 50.18 feet; thence South 8905934" East, 336.26 feet; thence South 00°49'13" East, 91.83 feet to the North right -of --way of State Road 434; thence South 80.00 feet more or less to the South right-of-way of State Road 434; thence East 365.00 feet; thence South 07°20'39" East along the West line of Lot 2, Lew -Jim Subdivision as recorded in Plat Book 11, Page 38, Public Records of Seminole County, Florida a distance of 198.79 Supp. No. 12 19 App. A WINTER SPRINGS CODE feet to the Southwest corner of said Lot 2; thence South 83°22'51" West a distance of 411.22 feet; thence South 07°48'55" East a distance of 479.90 feet; thence North 83043'02" East a distance of 606.23 feet to the East right -of --way line of Belle Avenue; thence South 07°52'30" East a distance of 380.17 feet; thence North 83°41'32" East a dis- tance of 475.42 feet; thence South 08°03'17" East a distance of 367.35 feet to the Southwest corner of Walden Terrace as recorded in Plat Book 18, Page 69, Public Records of Seminole County, Florida; thence North 84°36'03" East a distance of 632.94 feet; thence South 08°0951" East a dis- tance of 323.48 feet to the Southwest corner of Lot 7 of said Walden Terrace; thence South 82044'51" West a distance of 636.77 feet to the East right- of-way line of David Drive; thence South 08°02'00" East a distance oT 600i.70 feet; thence South 82039'35" West a distance of 195.89 feet to the West line of Section 3, Township 21 South, Range 30 East; thence South 00°39'12" West along the `ATost lire of Section 3 and the lFost line of Section 10, Township 21 South, Range 30 East a distance of 2488.28 feet; to the Point of Beginning; LESS THE FOLLOWING PARCELS: A. Lot 7, less the West 55 feet thereof, and the West one half of Lot 8, Entzminger Farms Addition Number 2, as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida. Be Lot 9, Entzminger Farms Addition Num- ber 2, as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Flor- ida. C. The East one half of Lots 41 and 42, Entzminger Farms Addition Number 2, as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida. D. Lots 25 and 32, Entzminger Farms Addi- tion Number 2, as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida, less road right-of-way. E. The West 774.9 feet of the East 1028.5 feet of Lot 9, Block D, D.R. Mitchell's Survey of the Levy Grant, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, lying South of State Road 434, F. Lot 24, Block D, D.R. Mitchell's Survey of the Levy Grant, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, less road right-of-way. G. Beginning at the Northeast corner of Lot 4, Gardena Farms, as recorded in Plat Book 6, Page 23, Public Records of Semi- nole County, Florida; run thence North 84°48'49" West along the North line of Lots 4 and 5 of Gardena Farms a distance of 1351.75 feet to the West right -of --way line of Tuskawilla Road; run thence North- erly along the West right-of-way line of Tuskawilla Road a distance of approxi- mately 1075 feet to the Northeast corner of Tract A, Avery Park as recorded in Plat Book 60, Page 33, Public Records of Sem- inole County, Flo °ida; Tun thence Aorth 87°02'40" West a distance of 387.79 feet; thence North 03°37'30" East a distance of 480.00 feet; thence North 87°02'40" West a distance of 974.77 feet; thence North 550 feet; thence East along the North right -of --way of Natures Way 275.00 feet; thence South 500.00 feet; thence East 225.00 feet along the North right-of-way of Milky Way; thence North 500 feet; thence East along the North right-of-way of Natures Way 1150.00 feet to the West right -of --way of Tuskawilla Road; thence South 14° West along said right-of-way for a distance of 50.00 feet to a point on the South right-of-way of Natures Way; thence West along said right -of --way for a distance of 350.00 feet; thence South 225.00 feet; thence East 400.00 feet to the East right-of-way of Tuskawilla Road; thence South 13°21'42" West a distance of 262.51 feet along said right-of-way line; thence South 87°22'08" East a distance of 639.65 feet to the Easterly line of the CSX right- of-way; thence South 06°59'19" East a distance of 329.06 feet along said right-of- way to the point of curvature of a curve concave Easterly having a radius of 1967.00 feet; thence Southerly along said curve a Supp. No. 10 20 CHARTER distance of 655.47 feet through a central angle of 19°05'35"; thence South 86°29'50" East a distance of 1449.46 feet to the East line of the Moses E. Levy Grant; thence South 04°13'03" West a distance of 508.82 feet to a point on a curve concave North- erly having a radius of 654.81 feet; thence Easterly along curve a distance of 344.50 feet through a central angle of 30°08'37"; thence South 00°36'11" East a distance of 912.73 feet to the South right-of-way line of the CSX railroad; thence North 55°19' West along said right-of-way line a dis- tance of 577.32 feet; thence South 24°27'43" West a distance of 144.70 feet to the North right-of-way line of Railroad Avenue; thence North 57°08'47" West along said North right-of-way line of Railroad Avenue a distance of 628.60 feet; thence North 85°39'35" West a distance of 643.45 feet to the East line of Gardena Farms; thence North 04°20'25" East a distance of 388.78 feet to the Point of Beginning. H. That part of Section 4, Township 21 South, Range 31 East, Seminole County, Florida described as follows: Commence at the Southeast corner of Barrington Estates, Plat Book 62, Page 80, Public Records of Seminole County, Florida; thence North 00°21'31" West, 306.84 feet to the Point of Beginning; thence South 89°51'33" West, 25.00 feet; thence North 00°21'31" West, 25.00 feet; thence North 89°51'33" East, 25.00 feet; thence South 00°21'31" East to the Point of Beginning. Note: The foregoing legal description is based on the following data: 1. The City of Winter Springs Subdivision and Parcel Map dated November 2007, prepared by Southeastern Surveying, 2. Property ownership maps prepared by the Seminole County Property Appraiser for 29 sections. 3. Recorded plats of subdivisions affecting the legal description, utilizing 122 plat book pages. TSS Order Number T07-F08 TSS File Number SX-7930 (Ord. No. 2008-09, § 2, 5-27-08) App. A Ordinances Annexing Property to the City Ord. No. Date Ord. No. Date 2000-08 4-10-00 2003-18 6-23-03 2000-22 8-14-00 2003-27 7-28-03 2000-24 844-00 200342 142-04 2000-33 1143-00 2004-09 2- 9-04 2000-36 11-27-00 200445 5-24-04 200040 11-27-00 200448 5-24-04 200041 11-27-00 2004-21 5-24-04 2001-01 1-22-01 2004-39 10-25-04 2001-03 1-22-01 200446 12-13-04 2001-34 6-11-01 200448 10-25-04 2002-03 5-13-02 2005-19 6-27-05 2002-26 11-25-02 2007-01 2-26-07 Editor's note— The above list of ordinances annexing property to the city begins with Ord. No. 2000-08, adopted Apr. 10, 2000. [The next page is 67j Supp. No. 12 21 This table provides a listing of legislstion amending the revised Charter ratified by referndum on Sept. 4, 2001. Ordinances annexing property to the city are listed at the end of App. A to the Charter. Ordinance Number Date Section Disposition 2008-09 5-27-08 2 App. A [The next page is 77) Supp No. 12 g7 ADMINISTRATION Sec. 2-88. Qualifying fees. (a) All candidates for city commission and mayor, qualifying as provided in this Code, shall pay a qualifying fee of one hundred fifty dollars ($150.00). The qualifying fee and the election assessment shall be paid to the city clerk and be paid by the clerk into the general fund of the city. Within thirty (30) days after the close of qualify- ing, the city clerk shall forward the elections assessment to the Department of State. (b) Pursuant to F.S. § 99.093(2), candidates who are unable to pay the election assessment without imposing an undue burden on their per- sonal resources or resources otherwise available to them shall upon written certification of such inability given under oath to the city clerk be exempted from paying the election assessment. Any candidate exempt from the election assess- ment shall also be exempt from the city's qualify- ing fee. (Code 1974, § 2-35; Ord. No. 2004-25, § 2, 6-14-04) Sec. 2-89. Registration of voters. Voters in a municipal election shall be regis- tered in the manner provided for by the General Laws of Florida as set out in Florida Statutes, Chapters 97 and 98. All voters residing within the municipal limits of the city and registered by the supervisor of elections to vote in the county, shall be eligible to vote in all municipal elections. (Code 1974, § 2-36) State law reference —Qualifications of municipal elec- tors, F.S. § 166.032. Sec. 2-90. Voting places. In those years when the city conducts the election not in conjunction with the county elec- tion, voting places for municipal elections shall be designated by the city commission. The location of the voting places shall be included in the mayor's proclamation called for by section 2-82 above. In the event there should be a runoff election, the same voting places shall be used. (Code 1974, § 2-38) Sec. 2-91. Voting machines. Voting machines shall be used for voting in the municipal elections provided for in this article in the same manner as such machines are used for voting in state and county elections. (Code 1974, § 2-39) Sec. 2-92. Absentee voting. Absentee voting in the municipal elections pro- vided for in this article shall be permitted and governed by F.S. §§ 101.62 through 101.70. (Code 1974, § 240) Sec. 2-93. Canvass of return. In those years when the city conducts the election not in conjunction with the county elec- tion, returns shall be canvassed by the city can- vassing board designated to canvass the returns in municipal elections. Such city canvassing board shall consist of the city clerk and two (2) members of the city commission to be designated by the commission. The canvassing board shall canvass the returns and issue their certificate pursuant to F.S. chs. 101 and 102 and issue its certificate of election to the successful candidate. The certifi- cate of the canvassing board shall be issued in triplicate; one (1) copy to be deposited with the city clerk, one (1) copy shall be delivered to the city commission, and one (1) copy shall be posted on the public bulletin board in the city hall. Such certificate shall be recorded in the minutes of any meeting of the city commission held immediately following the filing of the certificate. In years when the county supervisor of elections conducts the municipal election, the county canvassing board shall be designated to canvass the returns of the municipal election. (Code 1974, § 241) c. 2-94. Applicability of Code to election Se where questions are submitted. At all elections at which any question is sub- mitted to the electors, including bond issues, this article shall apply to the extent that it can be made applicable and is not preempted by the general election laws of the state. (Code 1974, § 242) State law reference —Bond referendum, F.S. § 100.201 et seq. Supp. No. 12 147 § 2-95 WINTER SPRINGS CODE Sec. 2-95. Additional duties of city clerk. The city clerk is authorized and directed to have prepared such forms and perform such min- isterial duties as are required by this article by necessary implication in order to accomplish the objectives of this article, and the intent of the city commission in adopting it. (Code 1974, § 243) Sec. 2-96. Early voting exemption. The City of Winter Springs is hereby exempt from the early voting provisions of section 101.657, Florida Statutes. From time to time, the city may contract with the Seminole County Supervisor of Elections to conduct early voting for the City of Winter Springs at the office of the supervisor of I c cc tiC An ^:? 7 any !7 �c.rlj !; ,s ;4- 1, .A u11 V ULLVL V V ULLL . 4LI LLLG Supervisor may establish in public libraries and/or city halls. (Ord. No. 2004-37, § 1, 8-23-04) Secs. 2-97-2-115. Reserved. ARTICLE V. ANNEXATIONS AND REZONING* Sec. 2-116. Annexation fees. (a) All applications for annexation of property into the city shall be accompanied by an annex- ation fee. Such fee will be established by resolu- tion of the city commission, pursuant to the authority of this section. (b) The annexation fee shall be used to pay the costs of annexation and any additional costs re- lated thereto. (Code 1974, § 24) Sec. 2-117. Waiting period for annexation or rezoning of property. No parcel of property shall be considered for annexation into the city, nor shall any parcel of property within the city be considered for rezon- *Cross references —Buildings and building regulations, Ch. 6; land development, Ch. 9; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20. State law reference —Annexation procedure, F.S. ch. 1714 Supp. No. 12 148 ing, for a six-month period of time following the denial of a petition for annexation or rezoning; provided, however, that the six-month waiting period may be waived by the city commission. (Code 1974, § 24.1) Sec. 2-118. Annexations east of DeLeon Street prohibited. (a) It is hereby declared that it is the formal policy of the City of Winter Springs that the city shall not process any voluntary annexation peti- tions received by property owners, nor shall the city initiate any involuntary annexation proce- dure, involving any real property that is located east of an imaginary straight line which com- mences on the southern boundary of the shores of Lake Jesup and runs southward along the east- ern most boundary of the DeLeon Street right-of- wav and whieb terminate nn the nnrthern ,nnpt boundary of the City of Oviedo. (b) The city manager is hereby directed to take the necessary steps to initiate an administrative amendment to the city's comprehensive plan dur- ing the next comprehensive planning cycle that incorporates the annexation policy set forth in this section. (Ord. No. 2006-02, § 2, 5-22-06) Secs. 2419-2-135. Reserved. ARTICLE VI. FINANCE DIVISION 1. GENERALLY Secs. 2-136-2-150, Reserved, DIVISION 2. PURCHASING$ Sec. 2-151. Purchasing policy and proce- dure established. Unless otherwise provided by city charter, city ordinance, or state or federal law, all city pur- 'Charter references —Independent audits, § 4.12; finan- cial procedures generally, § 7.01 et seq. Cross references —Licenses and business regulations, § 10-1 et seq.; taxation, § 18-1 et seq. State law references —Municipal finance and taxation, F.S. § 166.201 et seq.; budget adoption, F.S. § 200.065; munic- ipal financial matters, F.S. ch. 218. $Editor's note —Ord. No. 2000-15, § 1, adopted June 12, 2000, amended former Div. 3, §§ 2451-2-153, in its entirety to read as herein set out. Former Div. 3 pertained to similar subject matter and derived fiom the Code of 1974 and the ADMINISTRATION chases shall be made pursuant to written uniform purchasing policies and procedures established by the city manager. The city manager is autho- rized to purchase or contract for all commodities and services required by the city which do not exceed twenty-five thousand dollars ($25,000.00). All purchases or contracts for all commodities and services required by the city which exceed twenty- five thousand dollars ($25,000.00) shall be ap- proved by the city commission. (Ord. No. 2000-15, § 1, 642-00; Ord. No. 2007-12, § 2, 6-11-07) Sec. 2-152. When written bids are required; waiver, small purchases. (a) Unless otherwise required by city charter, city ordinance, state or federal law, or pursuant to subsection (b) of this section, competitive prices for all purchases of commodities and services shall be obtained by written bid, quote, or pro- posal and the purchase made from, or the contract awarded to, the lowest and best responsible bid- der. Notwithstanding any requirement for obtain- ing written bids, quotes or proposals, purchases may be made by: (1) cooperating with other gov- ernmental entities in soliciting competitive bids, quotes or proposals; (ii) using competitive bids, quotes or proposals received by other governmen- tal agencies, provided they were made within one year of the date the city proposes to use them; (iii) using a current contract previously awarded to another governmental agency; (iv) using a pur- chase card, provided the purchase complies with the city's purchase card guidelines; (v) using a sole source vendor; (vi) negotiating directly with a provider of professional services; and (vii) declar- ing a purchase an emergency; provided said pur- chases are allowed by city charter and state and federal law and deemed in the best interests of the city by the city commission or the city man- ager for purchases within the city manager's spending authority. (b) Small purchases of commodities and ser- vices not exceeding two thousand five hundred dollars ($2,500.00) shall be exempt fiom the re- quirements of subsection (a) provided that said purchases are not prohibited by city charter, state following: Ord. No. 564, § 1, 7-25-94; Ord. No. 691, § I, 12-8-97. or federal law and are deemed in the best inter- ests of the city by the city manager or the city manager's designee. (Ord. No. 2000-15, § 1, 642-00; Ord. No. 2007-12, § 2, 6-11-07) Secs. 2-153-2-190. Reserved. DIVISION 3. CITY -OWNED PERSONAL PROPERTY Sec. 2-191. Definition of property. The word "property" as used in this division means fixtures and other tangible personal prop- Supp. No. 10 148.1 § 2-191 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 12 148.2 BUILDINGS AND BUILDING REGULATIONS co 6-221. Plumbing requirements. Sec. 6-222. Nuisances. Sec. 6-223. Conflict with deed restrictions. Secs. 6-224-6-239. Reserved. Article X. Gas Code Sec. 6-240. Standard Gas Code adopted. Sec. 6-241. Terms defined. Sec. 6-242. Gas inspection. Sec. 6-243. Fees. Secs. 6-244-6-249. Reserved. Article XI. Reserved Secs. 6-250-6-269. Reserved. Article XII. Citations; Unlicensed Contractors; Failure to Obtain Building Permit Sec. 6-270. Intent and purpose. Sec. 6-271. Findings. Sec. 6-272. Citation authorized for construction contracting violations. Sec. 6-273. Citation form. Sec. 6-274. Penalty. Sec. 6-275. Refusal to sign citation. Sec. 6-276. Stop work. Sec. 6-277. Correction of violation; payment of penalty; notice of hearing. Sec. 6-278. Administrative hearings; accrual of penalties. Sec. 6.279. Appeals of code enforcement board decisions. Sec. 6-280. Recording code enforcement board orders. Sec. 6.281. Notices. Secs. 6-282-6-299. Reserved. Article XIII. International Property Maintenance Code Sec. 6-300. International Property Maintenance Code adopted. Sec. 6-301. Supplemental; minimum standards. Sec. 6-302. Preemption; Florida Building Code; Florida Fire and Life Safety Code. Supp. No. 12 367 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 12 368 BUILDINGS AND BUILDING REGULATIONS See. 6-272. Citation authorized for construc- tion contracting violations. A code enforcement officer is hereby authorized to issue a citation for any violation of Sections 489.127 and Section 489.132(1), Florida Statutes, whenever, based upon personal investigation, the code enforcement officer has reasonable and prob- able grounds to believe that such violation has occurred. A citation shall be issued in accordance with the rules and procedures established by this article and Florida Statutes. This article does not authorize or permit a code enforcement officer to perform any function or duty of a law enforcement officer. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-273. Citation form. A citation issued by a code enforcement officer shall be in a form prescribed by the city commis- sion by resolution, and shall contain at a mimi mum: (1) The time and date of issuance. (2) The name and address of the person to whom the citation is issued. (3) The time and date of the violation. (4) A brief description of the violation and the facts constituting reasonable cause. (5) The name of the code enforcement officer. (6) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (7) The applicable civil penalty if the person elects not to contest the citation. (Ord. No. 2001-02, § 11 10-8-01) Sec. 6-274. Penalty. In addition to any other criminal penalties provided by Section 489.127(2), Florida Statutes, a civil penalty of five hundred dollars ($500.00) shall be levied for any violation of this article. All monies collected by the city from citations issued under this article shall be deposited in the city's general fund and may be expended for any public purpose authorized by the city commission. A person cited for a violation pursuant to this arti- cle is deemed to be charged with a non -criminal § 6-277 infraction. Each violation is a separate civil in- fraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-275. Refusal to sign citation. Except in the absence of the person who has committed the violation, a code enforcement of- ficer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation, the code enforcement officer shall write the words "Refused to Sign" or any other words of similar meaning in the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible, or mail a copy to the person, if possible, by registered or certified mail, return receipt requested. Following such refusal to sign and accept, the code enforcement officer shall also contact the Winter Springs Police Department to report such violation of this article and Section 489.127(5)(m), Florida Statutes. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-276. Stop work. Any person who is issued a citation under this article shall immediately cease the act for which the citation was issued upon receipt of the cita- tion. (Ord. No. 2001-02, § 12 10-8-01) Sec. 6-277. Correction of violation; payment of penalty; notice of hearing. Upon receipt of a citation, the person charged with the violation shall elect either to: (1) Correct the violation and pay to the city the civil penalty in the manner indicated on the citation; or (2) Within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hear- ing before the city's code enforcement board to appeal the issuance of the cita- tion in accordance with the procedures set forth in this article. Any request for an administrative hearing shall be made and delivered in writing to the city manager Supp. No. 12 387 WINTER SPRINGS CODE by the time set forth in this subsection. Failure to request an administrative hear- ing in writing within the ten (10) day time period shall constitute a waiver of the violator's right to an administrative hear- ing. Awaiver of said right shall be deemed an admission of the violation, and penal- ties shall be imposed as set forth on the citation. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-278. Administrative hearings; accrual of penalties. (a) All administrative hearings held pursuant to this article shall be conducted by the code enforcement board in accordance with the require- ments of the Local Government Code Enforce- ment Boards Act. (b) During the administrative hearing, if the violator demonstrates to the code enforcement board that the violation is invalid or that the violation has been corrected prior to appearing before the code enforcement board, the code en- forcement board may dismiss the citation unless the violation is irreparable or irreversible, in which case the code enforcement board may order the violator to pay a civil penalty as set forth in subsection (c) below. (c) During the administrative hearing, if the code enforcement board finds that a violation exists, the code enforcement board may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than one thousand dollars ($1,000.00) per day for each violation. In determining the amount of the penalty, the code enforcement board shall con- sider the following facts: (1) The gravity of the violation. (2) Any actions taken by the violation to correct the violation. (3) Any previous violations which were com- mitted by the violator. (d) During the administrative hearing, if the code enforcement board finds that the violator had not contested or paid the civil penalty set forth in the citation within the time required in this article, the code enforcement board shall enter an order ordering the violator to pay the civil penalty set forth on the citation, and a hearing shall not be necessary for the issuance of such order. (e) All civil penalties imposed by the code enforcement board under this article shall con- tinue to accrue until the violator comes into compliance or until a judgement is rendered by a court to collect or foreclose on alien filed under this article, whichever occurs first, regardless of whether or not the order of the code enforcement board sets forth this accrual requirement. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-279. Appeals of code enforcement board decisions. Any person aggrieved by a final administrative order of the code enforcement board pursuant to this article, including the city commission, may appeal the order to the circuit court in accordance with Section 489.12 7(5)(d), Florida Statutes, as may be amended or renumbered from time to time by the Florida Legislature. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-280. Recording code enforcement board orders. A certified copy of an order of the code enforce- ment board imposing a civil penalty under this article may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. Such orders shall be enforced in accordance with Flon ida law. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-281. Notices. All notices required by this article shall be provided to the violator by certified mail, return receipt requested; by hand delivery by a law enforcement officer or code enforcement officer; by leaving the notice at the violator's usual place of residence with some person of his or her family above fifteen (15) years of age and informing such person of the contents of the notice; or by includ- ing a hearing date within the citation. (Ord. No. 2001-02, § 1, 10-8-01) Supp. No. 10 388 BUILDINGS AND BUILDING REGULATIONS § 6-300 Secs. 6-282-6-299. Reserved. tenance Code. Violations shall con- stitute a public nuisance and shall ARTICLE XIII. INTERNATIONAL be deemed a strict liability offense. PROPERTY MAINTENANCE CODE (2) Violations of the Maintenance Code shall be prosecuted by the city by Sec. 6=300. International Property Mainte- any lawful means available includ- nance Code adopted. ing, but not limited to, actions before the code enforcement board, civil code The city hereby adopts in its entirety the 2006 enforcement citation, and by an in - International Property Maintenance Code, a copy dependent action before a court of of which is attached hereto as Exhibit "A" (herein law. Penalties and additional city after referred to as "Maintenance Code"), except remedies for violations hereof shall as amended as follows: be as provided under section 145 of (a) Pursuant to section 101.1 of the Mainte- the city code. For purposes of a civil nance Code: citation, each violation shall consti- tute a class IV violation. The regulations shall be know as the "Property Maintenance Code of the City (3) In the event that a person fails to of Winter Springs." comply with a notice of violation issued by a code official or order (b) Section 101.3 of the Maintenance Code is rendered by the code enforcement amended in its entirety to read as follows: board, the city manager is hereby Application of other codes, repairs, ad- authorized to take lawful steps in- ditions or alterations to structure, or eluding, but not limited to, institut- changes of occupancy, shall be done in ing an appropriate proceeding at law accordance with the procedures and pro- or in equity to restrain, correct, or visions of the Florida Building Code, Flor- abate such violation, or to require ida Fire Prevention Code, Florida Life removal or termination of the unlaw- Safety Code, and the City Code. It is not ful occupancy of the building in vio- the intent of the Maintenance Code to lation of this Maintenance Code. If affect any of the requirements in the the city causes the conditions consti- City's zoning code. tuting the violation to be immedi- ately remedied, any expenses in- (c) Section 102.7 of the Maintenance Code is curred by the city to remedy the deleted in its entirety. violation including, but not limited (d) Section 103 is deleted in its entirety and to, contractor and material costs, ad - replaced with the following: ministrative overhead, attorneys fees, and other related costs shall be as - The "code official(s)" responsible for en- sessed by lien against the property forcing the provisions of the Maintenance on which the violation occurs. Such Code shall be the city's code enforcement assessment liens shall be prior to all officers and the city's building official or other liens on such property except such other person deemed qualified by the the lien of state, county, and munic- city manager. ipal taxes and shall be in parity with (e) Section 106 is deleted in its entirety and the lien of such state, county and replaced with the following: municipal taxes. Such liens, when delinquent for more than 30 days, (1) It shall be unlawful for any person, may be foreclosed by the city in the corporation, or other entity to be in manner provided by law for the fore. violation of any provision of this Main- closure of mortgages. Supp. No. 12 389 (g) WINTER SPRINGS CODE Section 109.5 is deleted in its entirety and shall read as follows: The city manager is authorized to ex- pend funds in the performance of emer- gency repairs under this section. If emer- gency repairs are performed by the city, any expenses incurred by the city to make said repairs including, but not limited to, contractor and material costs, administra- tive overhead, attorneys fees, and other related costs shall be assessed by lien against the property on which the emer- gency repairs occurred. Such assessment liens shall be prior to all other liens on such property except the lien of state, county, and municipal taxes and shall be in parity with the lien of such state, county and municipal taxes. Such liens, when delinquent for more than 30 days, may be foreclosed by the city in the man- ner provided by law for the foreclosure of 11117Lgagi». Section 111 is amended is as follows: (1) The code enforcement board shall serve as the board of appeals under the Maintenance Code. (2) Section 111.1 is deleted in its en- tirety and shall read as follows: Any person directly affected by an administrative decision of the code official shall have the right to appeal to the board of adjustment an inter- pretation or application of the Main- tenance Code by filing a notice of appeal with the code official within twenty (20) days of said interpreta- tion or application. However, once a code official or the city has initiated enforcement proceedings under the Maintenance Code, a person is barred from bringing an appeal under this section related to the interpretation or application of any provision of the Maintenance Code which is the sub- ject matter of the enforcement pro- ceeding until such time the enforce- ment proceeding has been concluded through all appeals. Supp. No. 12 390 (3) Sections 111.2 through 111.7 are de- leted in their entirety. (4) Section 111.7 shall read as follows: Any person aggrieved by a final de - on of the code enforcement board serving as the board of appeals un- der this section shall have the right to appeal said decision to a court of competent jurisdiction. (h) Section 201.3 is deleted in its entirety and shall read as follows: Where terms are not defined in this code and are defined in the Florida Build- ing Code or Florida Fire and Life Safety Code, such terms shall have the meanings A � _ �,_ - - ablylAlBLL LU LllClll aS b�Ld1.eU 111 t11US8 CUUCS. (i) The first sentence of Section 302.4 is amended to insert "ten (10) inches." {�) 0ectioi� 30z!.1,a i� ai2eltleil to uelc;c; clic preface in the first sentence, "During the period from [DATE] to [DATE],". (k) Section 602.3 and 602.4 are amended to add a date range of "October 15 to April 30." (1) Chapter 7 is amended to substitute all references to the "International Fire Code" with the reference to the "Florida Fire Prevention Code." In additional, all refer- ences to the "International Building Code" shall be substituted with the reference to the "Florida Building Code." (m) Chapter 8 is deleted in its entirety. (Ord. No. 2008-07, § 2, 4-14-08) Sec. 6-301. Supplemental; minimum stan- dards. The Maintenance Code shall be deemed sup- plemental, and in addition to, any other city code. However, to the extent that a conflict exists be- tween the Maintenance Code, and any other city code, the conflicting provision that most protects life and property shall apply. In addition, with respect to any conflicting enforcement procedures set forth in the city code, said enforcement proce- BUILDINGS AND BUILDING REGULATIONS dures shall not be deemed conflicting, but rather alternative methods to enforce the applicable city codes. (Ord. No. 200&07, § 2, 444-08) Sec. 6-302. Preemption; Florida Building Code; Florida Fire and Life Safety Code. To the extent that any provision of the Florida Building Code and Florida Fire Prevention Code conflicts with and preempts any provision of the Maintenance Code, the Maintenance Code provi- sion which is conflicting and preempted shall not apply. (Ord. No. 2008-07, § 2, 444-08) § 6-302 [The next page is 433] Supp. No. 12 391 FLOOD DAMAGE PREVENTION ARTICLE I. IN GENERAL Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application: Accessory use. A use which is incidental and subordinate to the principal use of the parcel of land on which it is located. Addition (to an existing building). Any walled and roofed expansion to the perimeter of a build- ing in which the addition is connected by a common load -bearing wall other than a fire wall. Any walled and roofed addition which is con- nected by a fire wall or is separated by indepen- dent load -bearing walls is new construction. Appeal. A request for a review of the flood damage control administrator's interpretation of any provision of this chapter or a request for a variance. Appraised value. The assessed value as listed by the Seminole County property appraiser. Area of shallow flooding. A designated AIL zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeter- minate, and velocity flow may be evident. Area of special flood hazard. The land in the floodplain within a community subject to a one - percent or greater chance of flooding in any one (1) given year. This term is synonymous with the phrase "Special Flood Hazard Area (SFHA). Base flood. The flood having aone-percent chance of being equaled or exceeded in any given year (also called the "100-year flood" and the "regulatory flood"). Base flood elevation. The crest elevation in relation to mean sea level (MSL) (using North American Vertical Datum of 1988—NAVD 88) expected to be reached during a flood which encompasses the regulatory floodplain. Building. See Structure. Development. Any manmade change to im- proved or unimproved real estate, including but not limited to buildings or other structures, min- ing, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard. Elevated building. Anon -basement building buiIt to have the lowest floor elevated above the ground level by foundation walls, posts, piers, columns, pilings, or shear walls. Encroachment. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a od floplain, which may impede or alter the flow capacity of a floodplain. f Existing construction. For the purposes o floodplain management, existing construction means the structures for which the start of con- struction commenced before the date of the initial Flood Insurance Rate Map (FIRM). For the pur- pose of determining rate structures, existing con- struction means the start of construction com- menced before the effective date of the first FIRM or before January 1, 1975, for FIRMs effective before that date. This term may also be referred to as "existing structures." Existing manufactured home park or subdivi- sion. Amanufactured home park or subdivision for which the construction of facilities for servic- ing the lots on which the manufactured homes are to be affixed (including, at a minimum, the instal- lation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before August 11, 1981. Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters; and/or Supp. No. 12 495 WINTER SPRINGS CODE b. The unusual and rapid accumulation or runoff of surface waters from any source. Flood boundary and floodway map. The official map on which the administrator has delineated both the flood boundaries and the regulatory floodway. Flood elevation determination. A determina- tion by the administrator of the water surface elevations of the base flood, that is, the flood level that has a one -percent or greater chance of occur- rence in any given year. Flood insurance rate map (FIRM). An official map, on which the Federal Emergency Manage- ment Agency or Federal Insurance Administra- tion has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study. The official report pro- vided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. Floodplain. Land which will be inundated by floods known to have occurred or reasonably characteristic of what can be expected to occur from the overflow of inland or tidal waters and the accumulation of runoff of surface waters from rainfall. Floodplain administrator. The individual ap- pointed to administer and enforce the floodplain management regulations. Floodplain management regulations. Any zon- ing ordinances, land development ordinance, sub- division regulations, building codes, health regu- lations, special purpose ordinances (such as a floodplain management ordinance, grading ordi- nance and erosion control ordinance), and other applications of police powers. The term describes such state or local regulations, in any combina- tion thereof, which provide standards for the purpose of flood damage prevention and reduc- tion. Floodproofing. Structural changes or adjust- ments incorporated in the design or construction of a building so as to make the building water- tight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy for the reduction or elimination of flood damages. Floodway. See "regulatory floodway." Floodway encroachment line. The line marking the limits of floodway maps on federal, state and local floodplain maps. Floodway fringe. That area of the floodplain on either side of the "regulatory floodway." Fraud and victimization. As related to section 8-34, variances, of this chapter, means that the variance granted must not cause fraud or victim- ization of the public. In examining this require- ment, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the commu- nity for fifty (50) to one hundred (100) years. Buildings that are below the base flood elevation are subjccct dm ing all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to poten- tial flood damage, and can be insured only at very high flood insurance rates. Freeboard. The additional height, usually ex- pressed as a factor of safety in feet, above a flood level for purposes of floodplain management. Freeboard tends to compensate for many un- known factors such as wave action, bridge open- ings, and the hydrological effect of the urbaniza- tion of the watershed that could contribute to the flood heights greater than the height calculated for a selected frequency flood and floodway condi- tions. Functionally dependent use. A use of a building or other development, which cannot be achieved unless the building or other development is lo- cated in close proximity to water. The term in- cludes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. Supp. No. 12 496 FLOOD DAMAGE PREVENTION Governing body. The City Commission of Win- ter Springs, which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. Hardship. As related to section 8-34, variances, of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city requires that the applicant prove that the variance is exceptional, unusual, and peculiar to the property involved. Economic or financial hardship alone is not excep- tional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Highest adjacent grade. The highest natural elevation of the ground surface, prior to construc- tion, next to the proposed walls of a structure. Historic structure. Any structure that is: (1) Listed individually in the National Re ter of Historic Places (a listing main- tained by the United States Department of Interior) or preliminarily determined by the Secretary of the Interior as meet- ing the requirements for individual list- ing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contribut- ing to the historical significance of a reg- istered historic district or a district pre- liminarily determined by the Secretary to qualify as a registered historic district. Lowest adjacent grade. The lowest elevation of the ground, sidewalk, patio, deck support or base- ment entryway immediately next to the struc- ture, after completion of construction. Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfin- ished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of the chapter. Manufactured home. A structure, transport- able in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when con- nected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecu- tive days. For insurance purposes the term "man- ufactured home" does not include park trailers, travel trailers, and other similar vehicles. Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. Mean sea level The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with North American Verti- cal Datum of 1988 (NAVD 88). Mobile home. See Manufactured home. New construction. Structures for which the "start of construction" commenced on or after the effective date of this chapter. New manufactured home park orsubdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installa- tion of utilities, the construction of streets, and either final site grading or the pouring of concrete paIs) is completed on or after the effective date of floodplain management regulations adopted by this community. North American Vertical Datum of 1988 (NAVD 88). The vertical control used as a reference for establishing varying elevations within the floodplain. Obstruction. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abAment, protection, excavation, channelization, Supp. No. 12 497 WINTER SPRINGS CODE bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. One -hundred year flood or 100-year flood. See Base flood. Public safety and nuisance. As related to sec- tion 8-34, variances, of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully ^r✓..�iu w ui.., as .�.; Nuuau�c vl uoc, ui i,uc i.u�f,Vlti- ary manner, of any navigable lake, or river, bay, stream, canal, or basin. Recreational vehicle. A vehicle which is: (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or perma- nently towable by a light -duty truck; and (4) Designed primarily not for use as a per- manent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory flood. For purposes of this chapter, a flood event having aone-percent chance of occurring in any given year, although the flood may occur in any year, i.e., the hundred -year flood. Regulatory flood elevation. The crest elevation in relation to mean sea level expected to be reached by the regulatory flood at any given point in an area of special flood hazard. Regulatory floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the velocity waters of the regulatory flood. Remedy a violation. To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be re- duced include protecting the structure or other affected development from flood damages, imple- menting the enforcement provisions of the ordi- nance or otherwise deterring future similar viola- tions, or reducing state or federal financial exposure with regard to the structure or other develop- ment. River•ine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Sheet flow area. See Area of shallow flooding. Special flood hazard area (SEPIA). The same area of the special flood hazard and shown on the FIRM as Zone A, AE, and AH. Start of construction (includes substantial UOLWtett . Thu daic ;lic builzihig peii a was issued, provided the actual start of construction, repair, reconstruction, placement, or other im- provement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construc- tion of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manu- factured home on a foundation. Permanent con- struction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, foot- ings, piers, or foundations or the erection of temporary forms; nor does it include the installa- tion on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Structure. A walled and roofed building, that is principally aboveground and affixed to a perma- nent site, as well as a mobile home on a founda- tion. The term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in construction, alteration or repair, unless such materials or supplies are Supp. No. 19 498 within an enclosed building on the premises. The words "building" and "structure" shall have the same meaning for the purposes of this chapter. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the appraised value of the structure before the damage occurred. Substantial improvement. Any repair, recon- struction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market appraised value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improve- ment" is considered to occur when the first alter- ation of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, in- clude either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living condi- tions, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. Variance. A grant of relief from the require- ments of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. Violation. The failure of a structure or other development to be fully compliant with this chap- ter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. Water surface elevation. The height, in relation to the North American Vertical Datum of 1988 (NAVD 88) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Watercourse. Alake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Wa- tercourse includes specifically designated areas in which substantial flood damage may occur. (Code 1974, § 19-3; Ord. No. 2001-04, § 1, 1-22-01; Ord. No. 2007-32, § % 144-08) Sec. 8-2. Statement of purpose and objec- tives. The purpose and objectives of this chapter are to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provi- sions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood -control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and gen- erally undertaken at the expense of the general public; (4) To minimize prolonged business interrup- tions; (5) To minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the second use and develop- ment of areas of special flood hazard so as to minimize future flood blight areas; (7) To ensure that potential buyers are noti- fied that property is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard assume responsi- bility for their actions. (Code 1974, § 194; Ord. No. 2001-04, § 1, 1-22-01) Sec. 8-3. Methods of reducing flood losses. In order to accomplish its purpose and objec- tives, this chapter includes methods and provi- sions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property Supp. No. 12 499 Ma WINTER SPRINGS CODE due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requg that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction, (3) Controlling the alteration of natural flood - plains, stream channels, and natural pro- tective barriers, which help accommodate or channel floodwaters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Code 1974, § 19-2s Ord. No. 2001-04, § 1, 1-22-01) Sec. 8-4. Lands to which this chapter ap- plies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. (Code 1974, § 194, Ord. No. 2001-04, § 1, 1-22-01) Basis for establishing areas of spe- cial flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS)" for Seminole County dated September 28, 2007 with the accompanying Flood Insurance Rate Map (FIRM) and other supporting data and all subse- quent amendments and/or revisions are hereby adopted by reference and declared to be a part of this chapter. The FIS and FIRM are the minimum area of applicability and may be supplemented by studies for other areas which allow implementa- tion of this chapter and which are recommended to the city by the floodplain administrator. The FIS and FIRM are on file at the city hall, 1126 East State Road 434, Winter Springs, Florida, 32708. (Code 1974, § 19-5; Ord. No. 2001-04, § 1, 1-22-01; Ord. No. 2007-32, § 2, 144-08) co 8-6. Abrogation and greater restric- tions. This chapter is not intended to repeal, abro- gate, or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall pre- vail. (Code 1974, § 19-7; Ord. No. 2001-04, § 1, 1-22-01) Sec. 8-7. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (1) l'onsidered as minimum requirements; (2) Liberally construed in favor of the govern- ing body; and (3) Deemed neither to limit nor repeal any other powers granted under state stat- utes. (Code 1974, § 19-8; Ord. No. 2001-04, Sec. 8-8. Warning regarding area of special flood hazard designations. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineer- ing considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create lia- bility on the part of the city, any officer or em- ployee thereof, the State of Florida, the Federal Insurance Administration, or the Federal Emer- gency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. In addition, nothing herein shall be deemed as a waiver of the city's right to sovereign immunity under state and federal law. (Code 1974, § 19-9; Ord. No. 2001-04, § 1, 1-22-01) Supp. Mn 12 500 FLOOD DAMAGE PREVENTION Sec. 8-9. Penalties for noncompliance. No structure or land shall hereafter be con- structed, located, extended, converted, or altered without full compliance with the terms of this chapter. Failure to comply with any of its require- ments (including violations of conditions and safe- guards established in connection with grants of variances) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from tak- ing such other lawful action as is necessary to prevent or remedy any violation. (Code 1974, § 19-6; Ord. No. 2001-04, § 1,1-22-01) Secs. 8-10-8-30. Reserved. ARTICLE II. ADMINISTRATION Sec. 8-31. Designation of the floodplain ad- ministrator. The city manager is hereby appointed the floodplain administrator to administer and imple- ment this chapter. The city manager may dele- gate the responsibilities for the individual tasks contained herein. (Code 1974, § 1940; Ord. No. 2001-04, § 1, 1-22- 01) Sec. 8-32. Duties and responsibilities of the floodplain administrator. Duties of the floodplain administrator shall include, but not be limited to: (1) Permit review. Review all building and development permits to determine that: a. The requirements of this chapter have been satisfied; b. All necessary permits have been ob- tained from those federal, state or local governmental agencies from which prior approval is required; c. The site is reasonably safe from flood- ing; and d. The proposed development does not adversely affect the flood -carrying capacity and/or flood -storage capac- ity of the areas of special flood haz- ard. For the purposes of this article, "adversely affect" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the ad- jacent overbank areas. Without lim- iting the foregoing, a development is presumed to adversely affect the flood - carrying and flood -storage capacities of the floodplain if it proposes or requires the filling of land in an area of special flood hazard without simul- taneously providing additional flood - carrying and flood -storage capacities to compensate for that capacity which is lost because of such filling. (2) Interpr•etation of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for exam- ple, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 8-34. (3) Use of other base flood data. To supple- ment the base flood elevation data pro- vided in accordance with section 8-5, the floodplain administrator shall obtain, re- view, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source (U.S. Army Corps of Engineers, U.S. Geological Sur- vey, U.S. Soil Conservation Service, state water management districts development plans for more than fifty (50) lots or five (5) acres) as criteria for requiring that new construction, substantial improve- ments, or other development in Zone A meet the requirements of section 8-52(1), specific standards, residential construc- tion, and section 8-52(2). Supp. No. 12 501 WINTER SPRINGS CODE (4) Issuance of permit and record keeping, trict, and the state department of After ascertaining that all requirements community affairs prior to any alter - of this chapter have been met, the ation or relocation of a watercourse, floodplain administrator may issue the and submit evidence of such notifi- building or development permit. After is- cation to the Federal Insurance Ad- suance of the permit, the local adminis- ministration. trator shall: a. Acquire a flood elevation or floodproof- b. Require that maintenance is pro- ing certificate after the lowest floor vided within the altered or relocated is completed. Within twenty-one (21) portion of such watercourse so that calendar days of establishment of the flood carrying capacity is not the lowest floor elevation or diminished. floodproofing by whatever construc- (6) Take remedial action on any violations of tion means, it shall be the duty of this chapter. the permit holder to submit to the (Code 1this § after. Ord. No. 2001-04, § 1, 1-22- city manager a certification of the 01; Ord. No. 2007-32, § 2, 1-14-OS) elevation of the lowest floor or flocdproofcd ^1^;7^+4^i, 1.1,;if relation to mean sea level. Such cer- Sec. 8-33. Development permit. tification shall be prepared by or under the direct supervision of a (a) Establishment of permit. A development registered land surveyor or profes- permit shall be obtained before construction or sional engineer and certified by same. development begins within any area of special When floodproofing is utilized for a flood hazard established in section 8-5. particular building, such certifica- tion shall be prepared by or under (1) New developments. When new develop - the direct supervision of a profes- ment proposals include lands designated sional engineer or architect and cer- as areas of special flood hazard, the afore- tified by same. Any work done within mentioned development permit shall not the twenty -one -day calendar period be issued until all applicable require - and prior to submission of the certi- ments of chapter 9 of this Code have been fication shall be at the permit holder's fulfilled. Specifically, the procedures out - risk. The city manager or designated lined in section 9-101(a)(2) shall be re - subordinate shall review the flood quired. In addition, the provisions of seem elevation survey data submitted. De- tion 9-241 which exceed the provisions of ficiencies detected by such review this chapter, shall apply and be prerequi- shall be corrected by the permit holder sites to issuance of the development per - immediately and prior to further pro- mito gressive work being permitted to pro- (2) Construction in existing developments. Al- ceed. Failure to submit the survey or ready developed lands within or including failure to make such corrections re- areas of special flood hazard in this city quired hereby, shall be cause to issue for which building permits are requested a stop work order for the project. shall be subject to the provisions of this b. Maintain for public inspection all chapter, as shall lands described in (a) records pertaining to the provisions above. After land development is Comm of this chapter. pleted no construction of any nature, nei- (5) Control of alteration of watercourses. The ther buildings, nor site preparation, nor local administrator shall: modification of existing roads, utilities, a. Notify adjacent communities, the St. drainage systems or other nonstructural Johns River Water Management Dis- improvements shall be allowed within ar- Supp. No. 12 502 FLOOD DAMAGE PREVENTION eas of special flood hazard until the devel- opment permit herein required has been issued. (b) Application for permit. Application for a development permit shall be made on forms fur- nished by the floodplain administrator and may include, but not be limited to, plans in triplicate drawn to scale showing the nature, location, di- mensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following informa- tion is required with application for the develop- ment permit. (1) Elevation in relation to mean sea level of the proposed lowest floor (including base- ment) of all structures. (2) Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed. (3) Certification from a registered profes- sional engineer or architect that the non- residential floodproofed structure meets the floodproofing criteria in section M2(2). (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Code 1974, § 1941; Ord. No. 2001-04, § 1, 1-22- 01) Supp. No. 12 502.1 § 8-33 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 12 502.2 Chapter 18 Article I. In General Secs. 18-1-18-25. Reserved. Article II. Municipal Public Service Tag Sec. 18-26. Levy. Sec. 18-27. Exemptions. Sec. 18-28. Collection by seller. Sec. 18-29. Seller's records. Sec. 18-30. Interest and penalties. Sec. 18-31. Rights -of -way permit fee election. Secs. 18-32-18-50. Reserved. Article III. Local Improvements Assessments Division i. Generally Sec. 18-51. Definitions. co 18-52. Interpretation; title and citation. Sec. 18-53. General findings. Division 2. Assessed Areas and Advisory Committees Sec. 18-54. Definition of assessed areas. Sec. 18-55. Creation of advisory committees. Sec. 18-56. Landowner petition process. Division 3. Local Improvement Assessments co 18-57. Authority. Sec. 18-58. Initial local improvement assessment resolution. Sec. 18-59. Local improvement assessment roll. Sec. 18-60. Notice by publication. Sec. 18-61. Notice by mail. Sec. 18-62. Adoption of final local improvement assessment resolution. Sec. 18.63. Annual local improvement assessment resolution. Sec. 18-64. Effect of local improvement assessment resolutions. Sec. 18-65. Lien of assessments. Sec. 18-66. Revisions to local improvement assessments. Sec. 18-67. Procedural irregularities. Sec. 18-68. Correction of errors and omissions. Division 4. Related Service Assessments Sec. 18-69. Authority. Sec. 18-70. Initial related service assessment resolution. Sec. 18-71. Related service assessment roll. Sec. 1842. Notice by publication. *Charter reference -Authority of city to levy taxes, § 4.14(3). Cross references -Administration, Ch. 2; finance, § 2-136 et seq.; impact fees, § 9-386 et seq.; licenses and business regulations, Ch. 10; occupational license taxes, § 10-26 et seq.; utilities, Ch. 19. State law reference -Power of city to impose and collect taxes, F.S. § 166.201 et seq. Supp. No. 12 1157 WINTER SPRINGS CODE Sec. 18-73. Notice by mail. Sec. 1844. Adoption of final related service assessment resolution. Sec. 18-75. Annual related service assessment resolution. Sec. I&M. Effect of related service assessment resolutions. Sec. 18-77. Lien of assessments. Sec. 18-78. Revisions to related service assessments. Sec. 1849. Procedural irregularities. Sec. 18-80. Correction of errors and omissions. Division 5. Collection of Assessments Sec. 18-81. Method of collection. Sec. 18-82. Alternative method of collection. Sec. 18-83. Responsibility for enforcement. Sec. 18-84. Government property. Division 6. Issuance of Obligations Sec. 18-85. General authority. Sec. 18-86. Terms of the obligations. Sec. 18-87. Variable rate obligations. Sec. 18-88. Temporary obligations. Sec. 18-89. Anticipation notes. Sec. 18-90. Taxing power not pledged. Sec. 18-91. Trust funds. Sec. 18-92. Remedies of holders. Sec. 18-93. Refunding obligations. Division 7. General Provisions Sec. 18-94. Alternative method. Secs. 18-95-18-120. Reserved. Division 8. Specific Special Assessment Disticts and Areas Sec. 18-121. Dissolution of Country Club Village Streetlight Maintenance District. Secs. 18-122-18-150. Reserved. Article iV. Fire Rescue Assessment Division 1. Introduction Sec. 18-151. Definitions. Sec. 18-152. Interpretation. Sec. 18-153. General findings. Sec. 18-154. Legislative determinations of special benefit. Secs. 18-155-18-170. Reserved. Division 2. Annual Fire Rescue Assessments Sec. 18-171. General authority. Sec. 18-172. Initial proceedings. Sec. 18-173. Initial assessment roll. Sec. 18-174. Notice by publication. Sec. 18-175. Notice by mail. Sec. 18-176. Adoption of final assessment resolution. Sec. 18-177. Effect of final assessment resolution. Sec. 18-178. Adoption of annual rate resolution. Supp. No. 12 1158 TAXATION co 18-179. Lien of fire rescue assessments. Sec. 18480. Revisions to fire rescue assessments. Sec. 18-181. Procedural irregularities. Sec. 18482. Correction of errors and omissions. Sec. 18483. Interim assessments. Sec. 18-184. Authorization for exemptions and hardship assistance. Secs. 18-185-18-200. Reserved, Division 3. Collection and Use of Fire Rescue Assessments Sec. 18-201. Method of collection. Sec. 18-202. Alternative method of collection. Sec. 18-203. Government property. Secs. 18-204-18-210. Reserved. Division 4. General Provisions Sec. 18-211. Applicability. Sec. 18-212. Alternative method. Supp. No. 12 1158.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 12 1158.2 (b) Repeal of Resolution No. 720. The City of Winter Springs Resolution No. 720 is hereby repealed and the levy, collection and enforcement of non -ad valorem assessments by the Country Club Village Streetlight Maintenance District shall be discontinued commencing in the year 2005. (c) Effective date. This section shall become effective December 31, 2004 and pursuant to the City Charter. (Ord. No. 2003-02, §§ 2, 3, 8, 7-28-03) Editor's note —Ord. No. 545 and Res. No. 720 are not set out herein but are available in the office of the city clerk. ARTICLE IV. FIRE RESCUE ASSESSMENT DIVISION 1. INTRODUCTION Sec. 18-151. Definitions. As used in this article, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: Annual rate resolution means the resolution described in section 18-178 hereof, establishing the rate at which a fire rescue assessment for a specific fiscal year will be computed. The final assessment resolution shall constitute the annual rate resolution for the initial fiscal year in which a fire rescue assessment is imposed or reimposed. Assessed property means all parcels of land included on the assessment roll that receive a special benefit from the delivery of the fire rescue services, programs or facilities identified in the initial assessment resolution or a subsequent preliminary rate resolution. Assessment roll means the special assessment roll relating to a fire rescue assessment approved by a final assessment resolution pursuant to section 18-176 hereof or an annual rate resolution pursuant to section 18478 hereof. Building means any structure, whether tempo- rary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind, including mobile homes. This term shall include the use of land in which lot or spaces are offered for use, rent or lease for the placement of mobile homes, travel trailers, or the like for residential purposes. Certificate of occupancy means the written cer- cation issued by the city that a building is ready for occupancy for its intended use. For the purposes of this article, a set up or tie down permit or its equivalent issued for a mobile home shall be considered a certificate of occupancy. City means the City of Winter Springs, Florida. City clerk means the clerk of the city commis- sion. City commission means the City Commission of the City of Winter Springs, Florida. City manager means the chief administrative officer of the city, designated by the city commis- sion to be responsible for coordinating fire rescue assessments or such person's designee. County means Seminole County, Florida. Final assessment resolution means the resolu- tion described in section 18-176 hereof which shall confirm, modify, or repeal the initial assess- ment resolution and which shall be the final proceeding for the initial imposition of fire rescue assessments. Fire rescue assessment means a special assess- ment lawfully imposed by the city commission against assessed property to fund all or any portion of the cost of the provision of fire rescue services, facilities, or programs providing a spe- cial benefit to property as a consequence of pos- sessing a logical relationship to the value, use, or characteristics of the assessed property. Fire rescue assessed cost means the amount determined by the city commission to be assessed in any fiscal year to fund all or any portion of the cost of the provision of fire rescue services, facil- s, or programs which provide a special benefit to assessed property, and shall include, but not be limited to, the following components: (a) The cost of physical construction, recon- struction or completion of any required facility or improvement; (b) The costs incurred in any required acqui- sition or purchase; Supp. No. 12 1177 WINTER SPRINGS CODE (c) The cost of all labor, materials, machin- ery, and equipment; (d) The cost of fuel, parts, supplies, mainte- nance, repairs, and utilities; (e) The cost of computer services, data pro- cessing, and communications; (f) The cost of all lands and interest therein, leases, property rights, easements, and franchises of any nature whatsoever; (g) The cost of any indemnity or surety bonds and premiums for insurance; (h) The cost of salaries, volunteer pay, work- ers' compensation insurance, or other em- ployment benefits; (i) The cost ofuniforros. training, fravel_ and per diem; (j) The cost of construction plans and speci- fications, surveys and estimates of costs; (k) The cost of engineering, financial, legal, and other professional services; (1) The costs of compliance with any con- tracts or agreements entered into by the city to provide fire rescue services; (m) All costs associated with the structure, implementation, collection, and enforce- ment of the fire rescue assessments, in- cluding any service charges of the tax collector, or property appraiser and amounts necessary to off -set discounts received for early payment of fire rescue assessments pursuant to the uniform as- sessment collection act or for early pay- ment of fire rescue assessments collected pursuant to section 18-202 herein; (n) All other costs and expenses necessary or incidental to the acquisition, provision, or construction of fire rescue services, facili- ties, or programs, and such other ex- penses as may be necessary or incidental to any related financing authorized by the city commission by subsequent resolu- tion; (o) A reasonable amount for contingency and anticipated delinquencies and uncollect- ible fire rescue assessments; and (p) Reimbursement to the city or any other person for any moneys advanced for any costs incurred by the city or such person in connection with any of the foregoing components of fire rescue assessed cost. In the event the city also imposes an impact fee upon new growth or develop- ment for fire rescue related capital im- provements, the fire rescue assessed cost shall not include costs attributable to cap- ital improvements necessitated by new growth or development that will be paid by such impact fees. The fire rescue as- sessed cost shall also not include costs for the provision of emergency medical ser- vices by the city. Fiscal, yena' means that narinr rnmxnanr;.�n October 1st of each year and continuing through the next succeeding September 30th, or such other period as may be prescribed by law as the fiscal year for the city. Government property means property owned by the United States ofAmerica or any agency thereof, a sovereign state or nation, the State of Florida or any agency thereof, a county, a special district or a municipal corporation. Initial assessment resolution means the resolu- tion described in section 18-173 hereof which shall be the initial proceeding for the identifica- tion of the fire rescue assessed cost for which an assessment is to be made and for the imposition of a fire rescue assessment. Maximum assessment rate means the highest rate of a fire rescue assessment established by the city commission in an initial assessment resolu- tion or preliminary rate resolution and confirmed by the city commission in the final assessment resolution or annual rate resolution. Ordinance means this fire rescue assessment ordinance. Owner shall mean the person reflected as the owner of assessed property on the tax roll. Person means any individual, partnership, firm, organization, corporation, association, or any other legal entity, whether singular or plural, mascu- line or feminine, as the context may require. Supp. No. 12 1178 TAXATION Preliminary rate resolution means the resolu- tion described in section 18478 hereof initiating the annual process for updating the assessment roll and directing the reimposition of fire rescue assessments pursuant to an annual rate resolu- tion. Property appraiser means the Seminole County Property Appraiser. Tax collector means the Seminole County Tax Collector. Tax roll means the real property ad valorem tax assessment roll maintained by the property appraiser for the purpose of the levy and collec- tion of ad valorem taxes. Uniform Assessment Collection Act means sec- tions 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regula- tions promulgated thereunder. (Ord. No. 2008-01, § 1.01, 3-24-08) Sec. 18-152. Interpretation. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "here- by," "herein," "hereto," "hereunder" and similar terms refer to this article; and the term "hereaf- ter" means after, and the term "heretofore" means before, the effective date of this article. Words of any gender include the correlative words of the other genders, unless the sense indicates other wise. (Ord. No. 2008-01, § 1.02, 3-24-08) Sec. 18-153. General findings. It is hereby ascertained, determined, and de- clared that: (a) Pursuant to Article VIII, section 2(b), Flor- ida Constitution, and sections 166.021 and 166.041, Florida Statutes, the city commission has all powers of local self government to perform municipal func- tions and to render municipal services in a manner not inconsistent with law, and such power may be exercised by the en- actment of city ordinances. (b) The city commission may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the city commission may legislate on any subject matter on which the Florida Legislature may act, except those subjects described in (a), (b), (c), and (d) of section 166.021(3), Florida Statutes. The subject matter of paragraphs (a), (b), (c), and (d) of section 166.021(3), Florida Statutes, are not rele- vant to the imposition of assessments related to fire rescue services, facilities or programs of the city. (c) The purpose of this article is to: (1) Provide procedures and standards for the imposition of citywide fire rescue assessments under the gen- eral home rule powers of a munici- pality to impose special assessments; (2) Authorize a procedure for the fund- ing of fire rescue services, facilities, or programs providing special bene- fits to property within the city; and (3) Legislatively determine the special benefit provided to assessed prop- erty fiom the provision of the city's fire rescue services. (d) The annual fire rescue assessments, to be imposed using the procedures provided in this article, shall constitute non -ad valorem assess- ments within the meaning and intent of the Uniform Assessment Collection Act. (e) The fire rescue assessments to be imposed using the procedures provided in this article are imposed by the city commission, not the Seminole County Board of County Commissioners, the prop- erty appraiser or the tax collector. The duties of the property appraiser and tax collector under the provisions of this article and the Uniform Assess- ment Collection Act are ministerial. (Ord. No. 2008-01, § 1.03, 3-24-08) Sec. 18454. Legislative determinations of special benefit. It is hereby ascertained and declared that the fire rescue services, facilities, and programs pro- Supp. No. 10 1179 WINTER SPRINGS CODE vide a special benefit to property because fire rescue services possess a logical relationship to the use and enjoyment of improved property by: (1) Protecting the value and integrity of the improvements and structures through the provision of available fire rescue services; (2) Protecting the life and safety of intended occupants in the use and enjoyment of property; (3) Lowering the cost of fire insurance by the presence of a professional and comprehen- sive fire rescue program within the city; and (4) Containing the spread of fire incidents nrrnrrincr nn vacant rnwi th ith the _- --- b -- . _.. r- . ...,J s.,.a potential to spread and endanger the struc- tures and occupants of improved property. (Ord. No. 2008-01, § 1.04, 3-24-08) Secs. 18-155-18-170. Reserved. DIVISION 2. ANNUAL FIRE RESCUE ASSESSMENTS Sec. 18-171. General authority. (a) The city commission is hereby authoirized to impose an annual fire rescue assessment to fund all or any portion of the fire rescue assessed cost upon benefited property at a rate of assess- ment based on the special benefit accruing to such property from the city's provision of fire rescue services, facilities, or programs. All fire rescue assessments shall be imposed in conformity with the procedures set forth in this Division 2. (b) The amount of the fire rescue assessment imposed in a fiscal year against a parcel of as- sessed property shall be determined pursuant to an apportionment methodology based upon a clas- sification of property designed to provide a fair and reasonable apportionment of the fire rescue assessed cost among properties on a basis reason- ably related to the special benefit provided by fire rescue services, facilities, or programs funded with assessment proceeds. Supp. No. 12 1180 (c) Nothing contained in this article shall be construed to require the imposition of fire rescue assessments against government property. (Ord. No. 2008-01, § 2.01, 3-24-08) Sec. 18-172. Initial proceedings. The initial proceeding for the imposition of a fire rescue assessment shall be the adoption of an tial assessment resolution by the city commis- sion, (1) containing a brief and general descrip- tion of the fire rescue services, facilities, or pro- grams to be provided, (2) determining the fire rescue assessed cost to be assessed, (3) describing the method of apportioning the fire rescue as- sessed cost and the computation of the fire rescue assessment for specific properties, (4) establish- ing an estimated assessment rate for the applica- ble fiscal year, (5) establishing a maximum assess- ment rate, if desired by the city commission, and (6) directing the city manager to (a) prepare the sib assesstne�i Jotl, as required by section 18473 hereof, (b) publish the notice required by section 18474 hereof, and (c) mail the notice required by section 18475 hereof using informa- tion then available from the tax roll. (Ord. No. 2008-01, § 2.02, 3-24-08) Sec. 18-173. Initial assessment roll. TL. i (a) e cty manager shall prepare, or direct the preparation of, the initial assessment roll, which shall contain the following: (1) A summary description of all assessed property conforming to the description contained on the tax roll. (2) The name of the owner of the assessed property. (3) The amount of the fire rescue assessment to be imposed against each such parcel of assessed property. (b) The initial assessment roll shall be re- tained by the city manager and shall be open to public inspection. The foregoing shall not be con- strued to require that the assessment roll be in printed form if the amount of the fire rescue assessment for each parcel of property can be determined by use of a computer terminal avail- able to the public. (Ord. No. 2008-01, § 2.03, 3-24-08) Sec. 18-174. Notice by publication. (a) Upon completion of the initial assessment roll, the city manager shall publish, or direct the publication of, once in a newspaper of general circulation within the city a notice stating that at a meeting of the city commission on a certain day and hour, not earlier than twenty (20) calendar days from such publication, which meeting shall be a regular, adjourned, or special meeting, the city commission will hear objections of all inter- ested persons to the final assessment resolution which shall establish the rate of assessment and approve the aforementioned initial assessment roll. (b) The published notice shall conform to the requirements set forth in the Uniform Assess- ment Collection Act. Such notice shall include: (1) A geographic depiction of the property subject to the fire rescue assessment; (2) A brief and general description of the fire rescue services, facilities, or programs to be provided; (3) The rate of assessment including a maxi- mum assessment rate in the event one was adopted; (4) The procedure for objecting provided in section 18-176 hereof; (5) The method by which the fire rescue as- sessment will be collected; and (6) A statement that the initial assessment roll is available for inspection at the office of the city manager and all interested persons may ascertain the amount to be assessed against a parcel of assessed prop- erty at the office of the city manager. (Ord. No. 2008-01, § 2004, 3-24-08) Sec. 18-175. Notice by mail. (a) In addition to the published notice required by section 18-174, the city manager shall provide notice, or direct the provision of notice, of the § to posed proposed fire rescue assessment by first class mail to the owner of each parcel of property subject to the fire rescue assessment. (b) Such notice shall include: (1) The purpose of the fire rescue assess- ment; (2) The rate of assessment to be levied against each parcel of property, including a max- imum assessment rate in the event one was adopted; (3) The unit of measurement applied to de- termine the fire rescue assessment; (4) The number of such units contained in each parcel of property; (5) The total revenue to be collected by the city from the fire rescue assessment; (6) A statement that failure to pay the fire rescue assessment will cause a tax certif- icate to be issued against the property or foreclosure proceedings to be instituted, either of which may result in a loss of title to the property; (7) A statement that all affected owners have a right to appear at the hearing and to file written objections with the city commis- sion within twenty (20) days of the notice; and (8) The date, time, and place of the hearing. (c) The mailed notice shall conform to the requirements set forth in the Uniform Assess- ment Collection Act. Notice shall be mailed at least twenty (20) calendar days prior to the hear- ing to each Owner at such address as is shown on the tax roll. Notice shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service. The city manager may provide proof of such notice by affidavit. Failure of the owner to receive such notice due to mistake or inadvertence shall not affect the validity of the assessment roll nor release or discharge any ob- ligation for payment of a fire rescue assessment imposed by the city commission pursuant to this article. (Ord. No. 2008-01, § 2.05, 3-24-08) Supp. No. 12 1181 § 18-1to WINTER SPRINGS CODE Sec. 18-176. Adoption of final assessment res- olution. (a) At the public hearing as noticed pursuant to sections 18-174 and 18475 hereof, or to which an adjournment or continuance may be taken by the city commission, the city commission shall receive any oral or written objections of interested persons and may then, or at any subsequent meeting of the city commission adopt the final assessment resolution which shall: (1) Confirm, modify, or repeal the initial as- sessment resolution with such amend- ments, if any, as may be deemed appro- priate by the city commission, (2) Establish the rate of assessment to be imposed in the upcoming fiscal year; (3) Establish a maximum assessment rate that may be imposed in the event such rate was adopted; (4) Approve the initial assessment roll, «,pith such amendments as it deems just and rights and (5) Determine the method of collection. (b) The adoption of the final assessment reso- lution by the city commission shall constitute a legislative determination that all parcels as- sessed derive a special benefit from the fire rescue services, facilities, or programs to be provided or constructed and a legislative determination that the fire rescue assessments are fairly and reason- ably apportioned among the properties that re- ceive the special benefit. (c) All written objections to the final assess- ment resolution shall be filed with the city man- ager at or before the time or adjourned time of such hearing. The final assessment resolution shall constitute the annual rate resolution for the initial fiscal year in which fire rescue assess- ments are imposed or reimposed hereunder. (Ord. No. 2008-01, § 2.06, 3-24-08) Sec. 18-177. Effect of final assessment reso- lution. The fire rescue assessments for the initial fiscal year shall be established upon adoption of the final assessment resolution. The adoption of Supp. No. 12 1182 the final assessment resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the assessed property; the method of apportionment and as- sessment; the initial rate of assessment; the max- imum assessment rate, if any; the initial assess- ment roll; and the levy and lien of the fire rescue assessments), unless proper steps shall be initi- ated in a court of competent jurisdiction to secure relief within 20 days from the date of the city commission action on the final assessment reso- lution. The initial assessment roll, as approved by the final assessment resolution, shall be delivered to the tax collector, as required by the uniform assessment collection act, or if the alternative method described in section 18-202 hereof is used tv �.vlii.uu uil�. iv il..Jli Ulu a olii7pi111:11L�, �ll�.11 l/111G1 official as the city commission by resolution shall designate. (Ord. No. 2008-01, § 2.07, 3-24-08) Sec. 18-178. Adoption of annual rate resolu- tion. (a) The city commission shall adopt an annual rate resolution during its budget adoption process for each fiscal year following the initial fiscal year for which a fire rescue assessment is imposed hereunder. (b) The initial proceedings for the adoption of an annual rate resolution shall be the adoption of a preliminary rate resolution by the city commis- sion: (1) Containing a brief and general descrip- tion of the fire rescue services, facilities, or programs to be provided; (2) Determining the fire rescue assessed cost to be assessed for the upcoming fiscal year; (3) Establishing the estimated assessment rate for the upcoming fiscal year; (4) Establishing or increasing a maximum assessment rate, if desired by the city commission; (5) Authorizing the date, time, and place of a public hearing to receive and consider TAXATION comments from the public and consider the adoption of the annual rate resolution for the upcoming fiscal year; and (6) Directing the city manager to: a. Update the assessment roll; b. Provide notice by publication and first class mail to affected owners in the event circumstances described in subsection M of this section so re- quire; and c. Directing and authorizing any sup- plemental or additional notice deemed proper, necessary or convenient by the city. (c) The annual rate resolution shall: (1) Establish the rate of assessment to be imposed in the upcoming fiscal year; and (2) Approve the assessment roll for the up- coming fiscal year with such adjustments as the city commission deems just and right. The assessment roll shall be pre- pared in accordance with the method of apportionment set forth in the initial as- sessment resolution, or any subsequent preliminary rate resolution, together with modifications, if any, that are provided and confirmed in the final assessment resolution or any subsequent annual rate resolution. (d) Nothing herein shall preclude the city com- mission from providing annual notification to all owners of assessed property in the manner pro- vided in sections 18-174 and 18475 hereof or any other method as provided by law. (e) The city commission may establish or in- crease amaximum assessment rate in an initial assessment resolution or preliminary rate resolu- tion and confirm such maximum assessment rate in the event notice of such maximum rate assess- ment has been included in the notices required by section 18-174 and 18475 hereof. (f) In the event (1) the proposed fire rescue assessment for any fiscal year exceeds the rates of assessment adopted by the city commission in- cluding a maximum assessment rate, if any, that were listed in the notices previously provided to § to owners the owners of assessed property pursuant to sec- tions 18474 and 18-175 hereof, (2) the purpose for which the fire rescue assessment is imposed or the use of the revenue from the fire rescue assess- ment is substantially changed from that repre- sented by notice previously provided to the own- ers of assessed property pursuant to sections 18474 and 18475 hereof, (3) assessed property is reclassified or the method of apportionment is revised or altered resulting in an increased fire rescue assessment from that represented by no- tice previously provided to the owners of assessed property pursuant to sections 18-174 and 18-175 hereof, or (4) an assessment roll contains assessed property that was not included on the assessment rolI approved for the prior fiscal year, notice shall be provided by publication and first class mail to the owners of such assessed property as provided by law. Such notice shall substantially conform with the notice requirements set forth in sections 18474 and 18475 hereof and inform the owner of the date, time, and place for the adoption of the annual rate resolution. The failure of the owner to receive such notice due to mistake or inadvert- ence shall not affect the validity of the assessment roll nor release or discharge any obligation for payment of a fire rescue assessment imposed by the city commission pursuant to this article. (g) As to any assessed property not included on an assessment roll approved by the adoption of the final assessment resolution or a prior year's annual rate resolution, the adoption of the suc- ceeding annual rate resolution shall be the final adjudication of the issues presented as to such assessed property (including, but not limited to, the determination of special benefit and fair ap- portionment to the assessed property, the method of apportionment and assessment, the rate of assessment, the establishment or increase of a maximum assessment rate, the assessment roll, and the levy and lien of the fire rescue assess- ments), unless proper steps shall be initiated in a couA of competent jurisdiction to secure relief within twenty (20) days from the date of the city commission action on the annual rate resolution. Nothing contained herein shall be construed or interpreted to affect the finality of any fire rescue assessment not challenged within the required twenty -day period for those fire rescue assess- Supp. No. 12 1183 WINTER SPRINGS CODE menu previously imposed against assessed prop- erty by the inclusion of the assessed property on an assessment roll approved in the final assess- ment resolution or any subsequent annual rate resolution. (h) The assessment roll, as approved by the annual rate resolution, shall be delivered to the tax collector as required by the uniform assess- ment collection act, or if the alternative method described in section 18-202 hereof is used to collect the fire rescue assessments, such other official as the city commission by resolution shall designate. If the fire rescue assessment against any property shall be sustained, reduced, or abated by the court, an adjustment shall be made on the assessment roll. (Ord. No. 2008-01, § 2.08, M4-08) Sec. 18-179. Lien of fire rescue assessments. Upon the adoption of the assessment roll, all fire rescue assessments shall constitute a lien against assessed property equal in rank and dig- nity with the liens of all state, county, district, or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, mort- gages, titles, and claims, until paid. The lien for a fire rescue assessment shall be deemed perfected upon the city commission's adoption of the final assessment resolution or the annual rate resolu- tion, whichever is applicable. The lien for a fire rescue assessment collected under the uniform assessment collection act shall attach to the prop- erty included on the assessment roll as of the prior January 1, the lien date for ad valorem taxes imposed under the tax roll. The lien for a fire rescue assessment collected under the alter- native method of collection provided in section 18-202 shall be deemed perfected upon the city commission's adoption of the final assessment resolution or the annual rate resolution, which- ever is applicable, and shall attach to the property on such date of adoption. (Ord. No. 2008-01, § M% M4-08) Sec. 18480. Revisions to fire rescue assess- ments. If any fire rescue assessment made under the provisions of this article is either in whole or in part annulled, vacated, or set aside by the judg- ment of any court, or if the city commission is satisfied that any such fire rescue assessment is so irregular or defective that the same cannot be enforced or collected, or if the city commission has failed to include or omitted any property on the assessment roll, which property should have been so included, the city commission may take all necessary steps to impose a new fire rescue as- sessment against any property benefited by the fire rescue assessed costs, following as nearly as may be practicable, the provisions of this article and in case such second fire rescue assessment is annulled, vacated, or set aside, the city commis- sion may obtain and impose other fire rescue assessments until a valid fire rescue assessment i� imposwi. (Ord. No. 2008-01, § 2.10, M4-08) Sec. 18-181. Procedural irregularities. Any informality or irregularity in the proceed- ings in connection with the levy of any fire rescue assessment under the provisions of this article shall not affect the validity of the same after the approval thereof, and any fire rescue assessment as finally approved shall be competent and suffi- cient evidence that such fire rescue assessment was duly levied, that the fire rescue assessment was duly made and adopted, and that all other proceedings adequate to such fire rescue assess- ment were duly had, taken, and performed as required by this article; and no variance from the directions hereunder shall be held material un- less it be clearly shown that the party objecting was materially injured thereby. (Ord. No. 2008-01, § 2.11, M4-08) Sec. 18-182. Correction of errors and omis- sions. (a) No act of error or omission on the part of the property appraiser, tax collector, city man- ager, city commission, or their deputies or employ- ees, shall operate to release or discharge any obligation for payment of a fire rescue assessment imposed by the city commission under the provi- sion of this article. Supp. No. 12 1184 TAXATION (b) When it shall appear that any fire rescue assessment should have been imposed under this article against a parcel of property specially ben- efited by the provision of fire rescue services, facilities, or programs, but that such property was omitted from the assessment roll; or such prop- erty was erroneously assessed; or was not listed on the tax roll as an individual parcel of property as of the effective date of the assessment roll approved by the annual rate resolution for any upcoming fiscal year, the city commission may, upon provision of a notice by mail provided to the owner of the omitted or erroneously assessed parcel in the manner and form provided in section 18-175, impose the applicable fire rescue assess- ment for the fiscal year in which such error or omission is discovered, in addition to the applica- ble fire rescue assessment due for the prior two fiscal years. Such fire rescue assessment shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and superior in rank and dignity to all other prior liens, mortgages, titles, and claims in and to or against the real property involved, shall be collected as provided in Division 3 hereof, and shall be deemed perfected on the date of adoption of the resolution imposing the omitted or delinquent assessments. (c) Prior to the delivery of the assessment roll to the tax collector in accordance with the form Assessment Collection Act, the city manager shall have the authority at any time, upon his or her own initiative or in response to a timely filed petition from the owner of any property subject to a fire rescue assessment, to reclassify property based upon presentation of competent and sub- stantial evidence, and correct any error in apply- ing the fire rescue assessment apportionment method to any particular parcel of property not otherwise requiring the provision of notice pursu- ant to the Uniform Assessment Collection Act. Any such correction shall be considered valid ab initio and shall in no way affect the enforcement of the fire rescue assessment imposed under the provisions of this article. All requests from af- fected property owners for any such changes, modifications or corrections shall be referred to, and processed by, the city manager and not the property appraiser or tax collector. (d) After the assessment roll has been deliv- ered to the tax collector in accordance with the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be made in accordance with the procedures applicable to correcting errors and insolvencies on the tax roll upon timely written request and direction of the city manager. (Ord. No. 2008-01, § 2.1% 3-24-08) Sec. 18-183. Interim assessments. (a) An interim fire rescue assessment may be imposed against all property for which a certifi- cate of occupancy is issued after the adoption of the annual rate resolution. The amount of the interim fire rescue assessment shall be calculated upon a monthly rate, which shall be one -twelfth (�12) of the annual rate for such property com- puted in accordance with the annual rate resolu- tion for the fiscal year for which the interim fire rescue assessment is being imposed. Such monthly rate shall be imposed for each full calendar month remaining in the fiscal year. In addition to the monthly rate, the interim fire rescue assessment may also include an estimate of the subsequent fiscal year's fire rescue assessment. (b) Issuance of the certificate of occupancy without the payment in full of the interim fire rescue assessment shall not relieve the owner of such property of the obligation of full payment. Any interim fire rescue assessment not collected prior to the issuance of the certificate of occu- pancy may be collected pursuant to the Uniform Assessment Collection Act as provided in section 18-201 of this article, under the alternative col- lection method provided in section 18-202 or by any other method authorized by law. (c) Any interim fire rescue assessment shall be deemed due and payable on the date the certifi- cate of occupancy was issued and shall constitute a lien against such property as of that date. Said lien shall be equal in rank and dignity with the liens of all state, county, district or municipal taxes and special assessments, and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the real property involved and shall be deemed perfected upon the issuance of the certificate of occupancy. (Ord. No. 2008-01, § 2.13, 3-24-08) Supp. No. 19 1185 § 18-184 WINTER SPRINGS CODE Sec. 18=184. Authorization for exemptions Secs. 18-185-18-200. Reserved. and hardship assistance. (a) The city commission, in its sole discretion, shall determine on an annual basis whether to provide exemptions from payment of the fire rescue assessment for government property or institutional property whose use is wholly or partially exempt from ad valorem taxation under Florida law. (b) The city commission, in its sole discretion, shall determine on an annual basis whether to provide a program of hardship assistance to city residents who are living below or close to the poverty level and are at risk of losing title to their homes as a result of the imposition of the fire rescue assessments. \l�/ Vli d1Y [i11111Ldl IJd5Y5, �Yle l;l �y GU111111YSb'lUll shall designate the funds available to provide any exemptions or hardship assistance. The provision of an exemption or hardship assistance in any one year shall in no way establish a right or entitle- ment to such exemption or assistance in any subsequent year and the provision of funds in any year may be limited to the extent funds are available and appropriated by the city commis- sion. Any funds designated for exemptions or hardship assistance shall be paid by the city from funds other than those generated by the fire rescue assessment. (d) Any shortfall in the expected fire rescue assessment proceeds due to any hardship assis- tance or exemption from payment of the fire rescue assessments required by law or authorized by the city commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the fire rescue assessments. In the event a court of competent jurisdiction determines any exemption or reduction by the city commission is improper or otherwise ad- versely affects the validity of the fire rescue assessment imposed for any fiscal year, the sole and exclusive remedy shall be the imposition of a fire rescue assessment upon each affected tax parcel in the amount of the fire rescue assessment that would have been otherwise imposed save for such reduction or exemption afforded to such tax parcel by the city commission. (Ord. No. 2008-01, § 2014, 3-24-08) DIVISION 3. COLLECTION AND USE OF FIRE RESCUE ASSESSMENTS Sec. 18-201. Method of collection. (a) Unless otherwise directed by the city com- mission, the fire rescue assessments shall be collected pursuant to the uniform method pro- vided in the Uniform Assessment Collection Act, and the city shall comply with all applicable provisions of the Uniform Assessment Collection Act. Any hearing or notice required by this article may be combined with any other hearing or notice required by the Uniform Assessment Collection A t nr C+b^r p. n:,iolon of la..' (b) The amount of a fire rescue assessment to be collected using the uniform method pursuant to the Uniform Assessment Collection Act for any specific parcel of benefited property may include an amount equivalent to the payment delin- quency, delinquency fees and recording costs for a prior year's assessment for a comparable service, facility, or program provided: (1) The collection method used in connection with the prior year's assessment did not employ the use of the uniform method of collection authorized by the Uniform As- sessment Collection Act; (2) Notice is provided to the owner as re- quired under the Uniform Assessment Collection Act; and (3) Any lien on the affected parcel for the prior year's assessment is supplanted and transferred to such fire rescue assess- ment upon certification of a non -ad valo- rem roll to the tax collector by the city. (Ord. No. 2008-01, § 3.01, 3-24-08) Sec. 18-202. Alternative method of collec- tion. In lieu of using the Uniform Assessment Col- lection Act, the city commission may elect to collect the fire rescue assessments by any other Supp. No. 12 1186 TAXATION § 18-202 method which is authorized by law or under the in accordance with paragraph (a)(6) of alternative collection method provided by this this section. The city commission or its section: agent shall notify any property owner (a) The city commission shall provide fire who is delinquent in payment of his or her rescue assessment bills by first class mail fire rescue assessment within sixty (60) to the owner of each affected parcel of days from the date such assessment was property that is subject to the fire rescue due. Such notice shall state in effect that assessment. The bill or accompanying ex- the city commission or its agent will ei- planatory material shall include: ther: (1) Abrief explanation of the fire rescue (1) Initiate a foreclosure action or suit assessment; in equity and cause the foreclosure (2) A description of the unit of measure- of such property subject to a delin- ment used to determine the amount quent fire rescue assessment in a of the fire rescue assessment; method now or hereafter provided by (3) The number of units contained within law for foreclosure of mortgages on the parcel; real property; or (4) The total amount of the fire rescue (2) Cause an amount equivalent to the assessment imposed against the par. delinquent fire rescue assessment, cel for the appropriate period; not previously subject to collection (5) The location at which payment will using the uniform method under the be accepted; Uniform Assessment Collection Act, to be collected on the tax bill for a (6) The date on which the fire rescue subsequent year. assessment is due, and (7) A statement that the fire rescue as- (d) All costs, fees and expenses, including sessment constitutes a lien against reasonable attorney fees and title search assessed property equal in rank and expenses, related to any foreclosure ac- dignity with the liens of all state, tion as described herein shall be included county, district or municipal taxes in any judgment or decree rendered therein. and other non -ad valorem assess- At the sale pursuant to decree in any such ments. action, the city may be the purchaser to the same extent as any person. The city (b) A general notice of the lien resulting from commission or its agent may join in one imposition of the fire rescue assessments foreclosure action the collection of fire shall be recorded in the official records of rescue assessments against any or all the city. Nothing herein shall be con- property assessed in accordance with the strued to require that individual liens or provisions hereof. All delinquent owners releases be filed in the official records. whose property is foreclosed shall be lia- (c) The city commission shall have the right ble for an apportioned amount of reason" to foreclose and collect all delinquent fire able costs and expenses incurred by the rescue assessments in the manner pro- city commission and its agents, including vided by law for the foreclosure of mort. reasonable attorney fees, in collection of gages on real property or appoint or re- such delinquent fire rescue assessments tain an agent to institute such foreclosure and any other costs incurred by the city and collection proceedings. A fire rescue commission as a result of such delinquent assessment shall become delinquent if it fire rescue assessments and the same is not paid within thirty (30) days from shall be collectible as a part of or in the date payment was due, as identified addition to, the costs of the action. Supp. No. 12 1187 WINTER SPRINGS CODE (e) In lieu of foreclosure, any delinquent fire rescue assessment and the costs, fees and expenses attributable thereto, may be col- lected pursuant to the Uniform Assess- ment Collection Act; provided however, that: (1) Notice is provided to the owner in the manner required by the Uniform Assessment Collection Act and this article; and (2) Any existing lien of record on the affected parcel for the delinquent fire rescue assessment is supplanted by the lien resulting from certifica- tion of the assessment roll as appli- cable, to the tax collector. (f) Notwithstanding the city commission's use of an alternative method of collection, the city manager shall have the same power and authority to correct errors and omis- sions as provided to hiin or other city officials in section 18-182 hereof. (g) Any city commission action required in the collection of fire rescue assessments may be by resolution. (Ord. No. 2008-01, § 3.02, 3-24-08) Sec. 18=203. Government property. (a) In the event fire rescue assessments are imposed against government property, the city commission shall provide fire rescue assessment bills by first class mail to the owner of each affected parcel of government property. The bill or accompanying explanatory material shall in- clude: (1) A brief explanation of the fire rescue as- sessment; (2) A description of the unit of measurement used to determine the amount of the fire rescue assessment; (3) The number of units contained within the parcel; (4) The total amount of the parcel's fire res- cue assessment for the appropriate pe- riod; (5) The location at which payment will be accepted; and (6) The date on which the fire rescue assess- ment is due. (b) Fire rescue assessments imposed against government property shall be due on the same date as all other fire rescue assessments and, if applicable, shall be subject to the same discounts for early payment. (c) Afire rescue assessment shall become de- linquent if it is not paid within 30 days from the date payment was due, as identified in paragraph (a)(6) of this section. The city commission shall notify the owner of any government property that is delinquent in payment of its fire rescue assess- mnn} within eivt�� (90) d^yti -F�n thE) d�tn ,,nh assessment was due. Such notice shall state that the city commission will initiate a mandamus or other appropriate judicial action to compel pay- ment. (d) All costs, fees and expenses, including rea- sonable attorney fees and title search expenses, related to any mandamus or other action as described herein shall be included in any judg- ment or decree rendered therein. All delinquent owners of government property against which a mandamus or other appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the city, including reasonable attorney fees, in collec- tion of such delinquent fire rescue assessments and any other costs incurred by the city commis- sion as a result of such delinquent fire rescue assessments and the same shall be collectible as a A of or in addition to, the costs of the action. (e) As an alternative to the foregoing, a fire rescue assessment imposed against government property may be collected as a surcharge on a utility bill provided to such government property in periodic installments with a remedy of a man- damus action in the event of non-payment. The city commission may contract for such billing services with any utility, whether or not such utility is owned by the city. (Ord. No. 2008-01, § 3.03, 3-24-08) Secs. 18-204-18-210. Reserved, Supp. No. 12 1188 DIVISION 4. GENERAL PROVISIONS Sec. 18-211. Applicability. This article and the city commission's author- ity to impose assessments pursuant hereto shall be applicable throughout the city. (Ord. No. 2008-01, § 4.01, 3-24-08) Sec. 18-212. Alternative method. (a) This article shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be re- garded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This article, being necessary for the welfare of the inhabitants of the city, shall be liberally construed to effect the purposes hereof. (b) Nothing herein shall preclude the city com- mission from directing and authorizing, by reso- lution, the combination with each other of. (1) Any supplemental or additional notice deemed proper, necessary, or convenient by the city; (2) Any notice required by this article; or (3) Any notice required bylaw, including the Uniform Assessment Collection Act. (Ord. No. 2008-01, § 4.02, 3-24-08) [The next page is 1227] Supp. No. 12 1189 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 2006-02 5-22-06 2 2418 2006-03 5-22-06 2 20-419 200641 941-06 2 9-10(c) 200642 2-12-06 2 20451 200648 10-23-06 2 16-51-16-61, 16-76-1649 Rpld 16-80-16-841 16-86 Amd 16-87 Added 16-89-16-92 3 20-470 4 20-486 5 Rpld 20-337 2006-19 1143-06 2 20-232(a)(81), 20- 234(1), 20-353(5), 20-379(5) 2006-20 11-27-06 2 9-501, 9-546-9-555, 2006-23 1241-06 2 10-26-10-32 3 2-69.4(a) 4 5-4(e) 5 9-386.7(7), 9-504(c), 6 10-55, 10- M), 10-80(1), 10-812 10-88(d), 10-91(1), 10-93, 10-115(c)(2), 10436 7 19-174(c) 2007-08 4- 9-07 2 19-97 3 19400 200742 641-07 2 2-151, 2-152 2007-13 4-23-07 2 19-2 2007-20 7- 9-07 2 20-208(c) 2007-21 7- 9-07 2 9-6002 9-607 2007-29 12-10-07 2 20-351,20-354 2007-30 12-10-07 2 30-323(a) 2007-31 1240-07 2 17-27 2007-32 1- 4-08 2 8-1, 8-5, 8-32(1) 200M1 3-24-08 1.01—L04 18451-18-154 2.01-2.14 18-171-18484 3.01-3.03 18-201-18-203 4.01, 44602 18-211, 18-212 2008-07 444-08 2 6-300-6-302 [The next page is 21451 Supp. No. 12 2101 STATE LAW REFERENCE TABLE This table shows the location within this Charter and Code, either in the text or notes following the text, of references to the state law or related matters. State Const. Section Article Section this Code VIII 2 10-87, 18-153 Fl. Adm. Code Section F.S. Section Chapter this Code Section this Code 17-50 19-92(c) 163.3171 et seq. Ch. 15 19-95(b) 163.3180 9-546, 9-547 19-95(c) 9-550. 9-551 19-129 163.318l(3) 20402(f) 17-555.360 Ch. 19, Art, IV, Ch. 163.3202 9-391 Div.2 Cho 166 Cho 20-26 F.S. Section 20-28(a) Section this Code 166.021 10-87 20.30 20-232(a)(64) 18453 34.191 114 166.032 2-89 Ch.50 2-64(b)(1) 166.041 141 50.041 2-64 10-52 50.051 2-64 20-102(f) 18-153 60.05 1344 20404 Ch. 97, Ch. 98 2-89 166.201 et seq. Ch. 2, Art. VI 99.093 2-88 Ch. 18 100.201 et seq. 2-94 166.221 Ch. 10 100.361 2-26(b) 166.231 18-2% 18-30 Ch. 101 2-93 166.231 et seq. Ch. 18, Art. II 101.62-101.70 2-92 16640425 Ch. 16, Art, III 101.657 2-96 166.3161 20-104 Ch. 140 18-26 170.01 et seq. Ch. 17 Ch. 102 2-85 Ch. 171 Ch. 2, Art. V 2-93 Cho 177 Cho 119.07 18-29 9-% 9-9 Ch. 162 Ch. 2, Art, III, Div, 2 Ch. 180 et seq. Ch. 17 2-56, 6-32 189A042 18-121 19-174 197.3632 18451 162.05 2-57 19763635 18-151 162.05(3) 2-58 200.065 Ch. 2, Art, VI 162.06(2), 162.06(3) 2-59 Ch. 202 18-28 162.07 2-60 202.11 18-26 162.08 2-61 202.20 18-31 162.09 2-61 203.012 18-26 3-3 Cho 205 Cho 10 162.10-162.13 2-62-2-65 Ch. 10, Art. II 162.22 3-10, 10-57 205.043(c) 10-30 Ch. 163 9-391, 10-52 2056053 10-32 20-26 205.053(1) 10-29 Ch. 163, Pt. II 9-500 Ch. 212 18-27 20-28(a) Ch. 218 Ch. 2, Art. VI 163.3161 et seq. 9-386.1 315.1956 12-65 Supp. No. 12 2145 WINTER, SPRINGS CODE F.S. Section F.S. Section Section this Code Section this Code Ch. 316 Ch. 12 Ch. 826 10-55, 1043 12-2 Ch.827 1043 13-26 Cho 828 Cho 20-431(1)a. Ch. 847 10-551 10-73 316.1945(b)(2) 7-4 847.13 10-55 316.1955 et seq. 20-467,20-483 847.0133 10-55 20-504 Ch.849 10-115 316.2055 Ch. 16, Aft. II 849.04 Ch. 10, Art, IV 31642065 13-62 849.07 Ch. 10, Art, IV 3164293 1344 849.16 10415 Ch.318 12-2 865.09 10-68 Ch.320 12-2 865.09 10-61 Ch. 322 12-2 874.03 13-72, 13-74 3376401 18-31 Cho 893 10-73 Ch. 380.06 9403 893,138 13-72, 13-74 403A15 13-36 Cho 893 1342 Ch. 16, AA6 II 893.138 13-70 479.155 Ch. 16, Art. III Ch. 895 10-73 Ch.480 10-55 943.085-943.255 2-68 4894105 6-32 943.25(13) 11-2(a), 11-2(b) 4890127 6-2709 6-272, 6-274, 6-2759 6-279 4890132 6-27016-272 533.73 6-31, 6-32 538.01 et seq. Ch. 10, Aft. VI Ch. 553 Ch. 6 Ch. 6, Art, III 553.06 Ch. 6, Art, V 553.19 Ch. 6, Art. IV 553.73 Ch. 61 Art. V 6-81 553.955 et seq. 6-6 Chs. 561-565 10-73 561.01 et seq. Ch. 3 561.14 3-3 561.20(7)(a) 3-3 562.45(2) Ch. 10, Art. III, Div. 2 Ch. 633 Ch. 7, 7-46 7-50 633.521 7-54 Ch. 650 Ch. 14, Art, II 14-26(a) 650.02 14-26(a) 705.101 et seq. 2-1 775.082, 775.083 2-69.5(e), 11-1 Ch. 794 10-55, 1043 Ch. 796 10-52, 10-55, 10-73 796.07 1342, 13-74 Ch. 800 10-551 10-73 806.101 7-3 812.019 13-74 817.32, 817.33 Ch. 10, Art. IV [The next page is 21971 Supp. No. 12 2146 CODE INDEX Section Section A ADULT ENTERTAINMENT ESTABLISH- MENTS, SEXUALLY ORIENTED BUSI- ABANDONMENT NESSES (Cont'd.) Abandoned property; disposition by city .. 24 Local business tax receipts/home occupa- City-owned property; disposal of surplus tions .............................. 10-93 property. . 0 6 4 4 4 6 # 4 * 0 0 a 0 V 6 9 0 * 0 s 6 0 0 9 0 2494 Measurement of distance................ 10402 Motor vehicle abandonment ............. 12-531 12-54 Notice.................................. 10-56 Nonconformities ........................ 9-565 Obscenity/indecent exposure unlawful .... 10-54 Street and alley abandonment .......... 0 17-27 Operation contrary to operational require - ACCOUNTS, ACCOUNTING ments ............................. 10-85 Sewerage revenue generation system Other offices and departments, responsibil- Account established .................. 19426 ities of............................ 10-59 Accountant certification of adequate Penalties/remedies/relief. a 0 # 0 9 a V 4 4 * 0 * a 0 0 0 10-57 maintenance .................... 19429 Prohibited locations for.................. 10401 Provisions ACTIONS. See: SUITS, ACTIONS AND Adult performance establishment...... 10-79 OTHER PROCEEDINGS Adult theater ........................ 10-78 Commercial bodily contact establish-, ADULT ENTERTAINMENT ESTABLISH- ments .......................... 10-80 MENTS, SEXUALLY ORIENTED BUSI- Savings .............................. 10-92 NESSES Unlawful Application Hours of operation ................. 10-89 Contents of .......................... 10-61 Minors............................ 10-87 Fee; generally.. 10-60 Records ........................... 10-88 Investigation of applicant ............. 10-64 Sexual encounter businesses prohib- Reapplication after denial ............. 10-67 ited/prohibited acts ........... 10-94 Reasons for denial of ................. 10-66 Special prohibited acts; commercial Commercial bodily contact establishments, bodily contact. . . 0 s 0 a 0 a 0 0 6 . 0 * a 0 10-91 prohibited ......................... 10-92 Special provisions relating to escort Consent ................................ 10-63 and escort services............ 10-90 Construction ........................... 10-53 Purpose, findings and intentlincorporation Continuing duty/false or misleading infor- of whereas clauses. 10-52 mation ............................ 10-62 Records and reports Definitions ............................. 10-55 Generally............................ 1040 Engaging in prohibited activity Unlawful provisions, records .......... 10-88 Customers..... ... 10-82 Worker records....................... 1045 Workers/operators.................... 10-83 Sexually oriented businesses............. 10-77 Escorts and escort services Short title .............................. 10-51 Escort service, generally .............. 10-81 Use of restrooms or dressing rooms . sets . 10-86 Special prohibitions relating to, unlaw- Zoning ................................. 10-100 ful provisions ................... 10-90 Establishment name change ............. 10-72 ADVERTISING. See: SIGNS AND ADVER- General requirements ................... 10-76 TISING Immunity from prosecution .............. 10-95 AFFIRMATION. See: OATH, AFFIRMATION, License SWEAR OR SWORN Annual fee ........................... 10-68 Application and application fee .sees... 10-60 AGENCIES OF THE CITY. See: DEPART - Contents of application ............... 10-61 MENTS AND OTHER AGENCIES OF Contents of, term of, renewals, expira- CITY tion, lapse, nonconforming estab- AGREEMENTS. See: CONTRACTS AND lishments ....................... 10-69 AGREEMENTS Issuance or denial of. . * s & 9 0 0 0 4 * 6 0 0 0 0 a 9 10-65 Operation without .................... 10-84 ALARMS, ALARM SYSTEMS Reapplication after denial ............. 10-67 False alarms Reasons for denial of application of.... 10-66 Prohibited ........................... 7-28 Required. . 0 4 * 0 * * 0 a a a 0 * 6 . 0 s * 0 * I a 0 * a * * 0 10-58 Warning notice....................... 13-58 Suspension and revocation Fire and security alarms Of license, generally ............... 1043 Automatic shut-off of alarm ........... 13-56 Proceedings ....................... 1044 Classification of alarm ................ 13-57 Transfer of ........................... 10-71 Compliance for existing system........ 13-53 Supp. No. 12 3111 ALARMS, ALARM SYSTEMS (Confd.) Definition, a a 0 0 9 a 0 4 a 0 0 6 9 a a a a 4 6 a a a 0 9 a a 0 Disconnection of system, a a # 0 a 0 a 9 a 0 a 6 6 0 Emergency telephone number ....... 0 . False alarms Warning notice ................... . Installation, modification, notice of ... . Reset, disabled system, response to ... . Service fee ........................... Waiver of fee ......................... ALCOHOLIC BEVERAGES Bottle clubs prohibited ................. . Definitions ............................. Hours of sale; hours consumption prohib- ited in places of public accommoda- tion..............................d Location of business prohibited near church or school .........................a Nudity prohibited upon alcohol licensed premises, bottle clubs .............. Upon containers in public places ........ . Penalty...............................a State of emergency (declaration of) ...... . Vendors (alcoholic beverage) in town center AMENDMENTS Additions and amendments deemed incor- porated in Code .................... Altering Code ........................... Amendments to Code; effect of new ordi- nances; amendatory language...... . Florida Building Code, administrative amendments to. See: BUILDINGS Florida Fire Prevention Code, local amend- mentto ........................... See: FIRE PREVENTION AND PRO- TECTION Zoning Districts, amendments re ............ . Ordinances, alterations, changes or amendments .................... AMUSEMENTS AND AMUSEMENT PLACES Dance halls; permit required; conduct in dance halls ........................ Noise disturbances prohibited Specific provisions Places of public entertainment..... . Slot machines, devices .................. ANIMALS AND FOWL Animal control and protection ordinance of Seminole County, Florida, adopted as Kennel zoning., a Sao 0*00 06044**o boom 0044 Noise disturbances prohibited Specific provisions .................... Zoning regulations for animals.......... . ANNEXATIONS Annexations east of DeLeon Street prohib- WINTER SPRINGS CODE Section ANNEXATIONS (ConfdJ 13-51 Certain ordinances not affected by Code . . 13-61 Fee .................................... 13-55 Waiting period for annexation .......... . 13-58 ANTENNAS 13-52 Television dish antennas ............... . 13-54 APPROPRIATIONS 13-59 Certain ordinances not affected by Code . . 13-60 ARBORS. See: TREES AND SHRUBBERY 3-5 ASSESSMENTS 3-1 Annual fire rescue assessments ......... . See: FIRE RESCUE ASSESSMENT Local improvements 3-4 Certain ordinances not affected by Code Local improvements assessments. . 3-2 See: TAXATION ATHLETIC FACILITIES 3-10 Tree of rif�> s)thlnt;n faltailitinCes f ne 3 7 ..�_. , ... . 3-8 AUDITS, AUDITING 2-255 City -owned property, recording and identi- 3-3 fying re auditing procedure ........ . AUTOMATIC FIRE SPI?INI�I,FR, SY�T'+'M Florida Fire Prevention Code, local amend- 1 10 mentto ........................... 1-14 AWNINGS 1-11 Permit for erection of awnings over side- walk Fee, a 9 6 a a a 0 a 0 6 a a 0 W F 0 a 0 a 9 a a 0 P a 9 a 0 a 6 a 4 4 Required; application ................. 7-46 et seq. 20-104 KI 13-31(f) 10-115 4-1 20-416 13-31(c) 20-413 C3 BANNERS Signs and advertising requirement ...... . BARBED WIRE. See: FENCES, WALLS, HEDGES AND ENCLOSURES BARRICADES Street excavation barricades ............. BARS Alcoholic beverage regulations generally. . See: ALCOHOLIC BEVERAGES BEAUTIFICATION BOARD Composition; appointment of members .. . Created................................ Duties; expenditures .................... Master beautification plan; recommenda- tions to city ...................... . Organization; meetings, a a 0 0 a 4 6 0 6 a I a a a * 0 6 BEER Alcoholic beverage regulations generally. . See: ALCOHOLIC BEVERAGES BIDS, BIDDING. See: FINANCES Section 18-151 et seq. 18-51 et seq. 22 16-87 3-1 et seq. 3-1 et seq. Supp. No. 12 3112 CODE INDEX Section BILLBOARDS. See: SIGNS AND ADVERTIS- ING BLASTINGAGENTS.Sees EXPLOSIVESAND BLASTING AGENTS BOARDS, COMMITTEES AND COMMIS- SIONS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOATS Noise disturbances prohibited Specific provisions Motorboats ........................ 13-31(i) Vehicle and boat repairs............ 13-31(e) BOND ISSUES Certain ordinances not affected by Code .. 1-7(2) BONDS, SURETY OR PERFORMANCE City -owned property supervision and con- trol, bond for custodian re .......... 2-193 Land development bonding procedure .... 9-76 Street excavations, bond requirement .... 1747 BOOKSTORES Adult entertainment establishments ..... 10-55 et seq. See: ADULT ENTERTAINMENT ES- TABLISHMENTS, SEXUALLY ORIENTED BUSINESSES BOTTLE CLUBS Prohibited .............................. 3-5 BOTTLES Prohibitions ............................ 13-2 BUDGET. See: FINANCES BUILDINGS Administration Administrative amendments to the Flor- ida Building Code Chapter 1......................... 6-31 Chapter 2......................... 6-32 Adoption of Florida Building Code ap- pendices ........................ 6-34 Establishing the location of local wind speed lines ...................... 6-33 Temporary storage structures ......... 6-87 Annual fire rescue assessments .......... 18-151 et seq. See: FIRE RESCUE ASSESSMENT Automatic fire sprinkler systems Florida Fire Prevention Code, local amendment to .................. 7-60 Building erected or altered in violation of provisions, use of .................. 6-3 Building inspector Authority to stop work if contrary to public welfare ................... 6-5 Electrical inspector, building inspector as .............................. 6-102 Section BUILDINGS (Cont'd.) Plumbing inspector, building inspector as.............................. 6427 Swimming pool inspection ............ 6-213 Citations; unlicensed contractors; failure to obtain a building permit Administrative hearings; accrual of pen- alties ........................... 6-278 Appeals of code enforcement board deci- sions ........................... 6-279 Citation authorized for construction con- tracting violations ............... 6-272 Citation form ........................ 6-273 Correction of violation; payment of pen- alty; notice of hearing ........... 6-277 Findings ............................. 6-271 Intent and purpose ................... 6-270 Notices ..........................smog 6-281 Penalty.............................. 6-274 Recording code enforcement board or- ders ............................ 6-280 Refusal to sign citation. 6-275 Stop work ........................... 6-276 Code enforcement board ................. 2-56 et seq. See: CODE ENFORCEMENT BOARD Codes Electricalcode ....................... 6-101 Energy efficiency code adopted ........ 6-6 Gas code..... 6-240 Mechanical code...... 6.146 et seq. See herein: Mechanical Code Plumbing code ....................... 6426 Standard building code Adopted ........................... 6-81 Amendment to building code........ 6-82 Standard existing building code Adopted ........................... 6-81 Standard housing code Adopted ........................... 6-81 Swimming pool code .................. 6-210 Unsafe building abatement code....... 6465 Compliance with provisions. 6-2 Construction sign ....................... 16-59 Contractors Unlicensed contractors. See herein: Ci- tations; Unlicensed Contractors; Failure to Obtain a Building Per- mit Declaration of a state of emergency ...... 2-255 Suspension of local regulations ........ 2-264 Electricity Electrical code adopted ............... 6-101 Terms defined.... 6-102 Energy efficiency code adopted........... 6-6 Fences, walls and hedges ................ 6-186 et seq. See: FENCES, WALLS, HEDGES AND ENCLOSURES Flood damage prevention........... go*** 8-1 et seq. See: FLOOD DAMAGE PREVENTION Supp. No. 12 3113 WINTER SPRINGS CODE Section BUILDINGS (Cont'd.) Florida Building Code, administrative amendments to. See herein: Adminis- tration Inspections. See herein: Permits and In- spections International Property Maintenance Code Adopted ............................. 6-300 Preemption; Florida Building Code; Flor- ida Fire and Life Safety Code .... 6-302 Supplemental; minimum standards .... 6-301 Land development ...................... 9-2 et seq. See: LAND DEVELOPMENT Mechanical code Adopted ............................. 6446 Definitions.... Be 0*0 0 4 6 6 6 0 9 0 0 0 4 V 6-147 Fee.................................. 6-149 Mechanical inspection ................ 6-148 Noise disturbances prohibited Specific provisions Construction ....... egos goo .......a 13-31(d) Occupant Definitions and rules of construction... 1-2 Outdoor display/billboard................ 16-77 et seq. See: SIGNS AND ADVERTISING Owner Definitions and rules of construction... 1-2 Keeping surrounding property clean, re- sponsibility re ................... 13-3 Permits and inspections Failure to obtain building permit. See herein: Citations; Unlicensed Con- tractor; Failure to Obtain a Build- ing Permit Signs; building permit required........ 16-53 Plumbing Plumbing code adopted ............... 6-126 Terms defined ........................ 6-127 PUD zoning districts Setback requirements (minimum) ..... 6-86 Purpose ................................ 64 Restricted hours of building construction or installation or construction of sub- division improvements ............. 11-6 Screen enclosures., of 90 0 so **got 6-85 Storage Temporary storage structures ......... 6-87 Swimming pools ........................ 6-210 et seq. See: SWIMMING POOLS Television dish antennas ................ 6-83 Uniform building numbering system Administration and assignment of num- ber ............................. 9-373 Code enforcement board authority ..... 9-376 Definitions ..........................4 9-370 Establishment of system ............. 0 9-372 Posting of numbers .................. 6 9-374 Purpose ............................a 9-371 Section BUILDINGS (Cont'd.) Unsafe buildings Court action to compel compliance or prosecution upon disregard of no- tice. .... food 460#600 Beef $fee Geoff 6-168 Notice of unsafe building to be served on person having interest in building; method of service, . 4 6 9 6 a 0 s s 0 0 0 a s P 6467 Standards for repair or removal ....... 6-166 Unsafe building abatement code Adopted ........................... 6465 Vacating unsafe buildings and closing adjacent streets ................. 6469 Violations, penalty ...................... 6-4 Zoning regulations ...................... 20-1 et seq. See: ZONING BURNING Open-air burning BUSES. See: MOTOR VEHICLES AND TRAF- t ll C CABARETS Adult en er a ninein establislrrnerts ..... 10-5G m seq. See: ADULT ENTERTAINMENT ES- TABLISHMENTS, SEXUALLY ORIENTED BUSINESSES CAMPAIGNS. See: ELECTIONS CANALS Prohibitions ............................ 13-2 CANDIDATES. See: ELECTIONS CANVASSERS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS CARPORT SALES At-home sales .......................... 10-137 CATS Animal regulations generally ............ 4-1 et seq. See: ANIMALS AND FOWL CERTIFICATES, CERTIFICATION Sewerage revenue generation system Accountant certification of adequate maintenance....... .... fogs moos 0 19429 CHURCHES Adult entertainment establishments Prohibited locations .................. 10-101 Alcoholic beverage sales prohibited near.. 3-2 Sexually oriented businesses Prohibited locations .................. 10-101 CITY Definitions and rules of construction ..... 1-2 Use of city athletic facilities; fees ........ 2-2 Supp. No. 10 3114 CITY CLERK Election Additional duties re ................. . Supervisor, city clerk as. . . CITY COMMISSION Annual fire rescue assessments ......... . See: FIRE RESCUE ASSESSMENT Definitions and rules of construction .... . Land development Division of land; city commission ap- proval required. . 0 * 0 0 * 4 * 0 0 0 0 M 0 0 a 6 Recall of elected officials ............... . Zoning action; city commission authority . CITY MANAGER Annual fire rescue assessments ......... . See: FIRE RESCUE ASSESSMENT City -owned property, responsibilities re.. . CODE ENFORCEMENT Citation contents ....................... Citation procedure ...................... Code enforcement board ................. Code enforcement officers Authority ............................ Designation, qualifications, training .. . Definitions ............................. Delivery of warning notices, citations.... . Disposition of citations, civil penalties ... . Intent.................................. Procedures to pay, contest citations ..... . Provisions supplemental. . 4 9 V * * * 0 * * . a 0 a 0 . Violation classification; civil penalty..... . Violations, schedule of.... . CODE ENFORCEMENT BOARD Appeals................................ Building numbering system, authority re . Code inspector; duty .................... Creation ............................... Duration of lien, Election of officers; quorum; compensation; expenses .......................... Hearing, Lien Application for satisfaction or release of Duration of .......................... Membership; appointment; qualification. . Notices. . * * s 0 * 0 0 a * 4 * 6 * 4 0 . s 0 s 4 0 0 9 0 a 0 0 0 4 * * Powers ................................. Provisions supplemental. . * * 0 # * * 4 0 0 0 4 0 * 0 Wastewater system, enforcement board.. . CODE OF ORDINANCES* CODE INDEX Section CODE OF ORDINANCES (Cont'd.) Additions and amendments deemed incor- 2-95 porated in Code............... 2-81 Altering Code. . 0 0 0 0 9 6 % 9 t 0 0 0 0 * 0 * % a a 0 a % # 4 4 Amendments to Code; affect of new ordi- nances; amendatory language...... . 18-151 et seq. Catchlines of sections .................. . Certain ordinances not affected by Code . . 1-2 Definitions ............................. General penalty; continuing violation; vio- lation as public nuisance .......... . 9-2 History notes ........................... 2-26 How Code designated and cited ......... . 20-27 Prior offenses, rights, etc., Code does not affect............................. 18-151 et seq. References and editor's notes ........... . References to chapters or sections....... . 2492 Repeal of ordinances, affect of .......... . Severability of parts of Code ............ . Supplementation of Code....... . 2-69.6 COMMITTEES AND COMMISSIONS. See: 2-69.1 DEPARTMENTS AND OTHER AGEN- 2-56 et seq. CIES OF CITY 2-69 COMPUTATION OF TIME 2-68 Definitions and rules of construction .... . 2-67 CONTRACTS AND AGREEMENTS 2-69.2 Certain ordinances not affected by Code . . 2"69.7 Code does not affect prior contracts, etc.. . 2-66 Old age and survivors' insurance, execu- 2-69.5 tion of agreement .................. 2-69.8 Supplementation of Code ............... . 2-69.3 2-69A COUNTY Definitions and rules of construction .... . 2-63 COURTS 9-376 Court costs 2-59 Assessment and collection of; use...... 2-56 Unsafe building, court action re......... . 2-62 CURFEW Declaration of a state of emergency ..... . 2-58 2-60 D 2-61.5 2-62 2-57 2-64 2-61 2-65 19-30 *Note —The adoption, amendment, repeal, omissions, effec- tive date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. DANCE HALLS ddu DEPARTMENTS AND OTHER AGENCIES OF CITY See: BEAUTIFICATION BOARD Boards, committees, commissions gener- ally Appointments of boards and committees Fee to appointed board members; waiver City commission ........................ City forestry office.* veto$ Code enforcement board. 0 6 9 4 * See: CODE ENFORCEMENT BOARD Section 1-2 1-9 1-2 2-255 2-76 et seq. 2-42 2-41 2-26 5-5 2-56 et seq. Supp. No. 10 0115 DEPARTMENTS AND OTHER AGENCIES OF CITY (Cont'd.) Definitions and rules of construction .... . Election board .......................... Fire department provisions ............ 0 . See: FIRE DEPARTMENT Land development site plan review board. See: LAND DEVELOPMENT Officers' and employees' pension plan, board oftrustees re ...................... Planning and zoning board ............ 9 . See: ZONING Public nuisance abatement board ...... a . See: PUBLIC NUISANCE ABATEMENT BOARD Public service tax; exempted entities .... . Traffic violations bureau, a 0 a 0 a 9 a a 4 0 a a 4 6 0 a Zoning board of adjustment, a 4 a 6 0 a 0 0 a a 0 a . See: ZONING DEVELOPMENT. See: PLANNINGAND DE- VLLOPMEINT; See also: LAUD DEVEL- OPMENT DISH ANTENNAS Television dish antennas .........move... ll1SUItT3liRLY CUNllUC11' Dance halls, disorderly conduct in....... . WINTER SPRINGS CODE Section ELECTIONS (Cont'd.) Determination of person elected......... . 1-2 Early voting exemption, a a a 0 9 a a a 0 0 4 0 4 6 6 a . 2-85 Election board .......................... 74 et seq. Election supervisor ..................... Municipal elections to be general elections 9-341 et seq. Nonpartisanship required .............. . Proclamation ........................... Qualifying fees ........................ . 14-52 Recall of elected official ................ . 20-51 et seq. Registration of voter ................... . Vacancy in office ........................ 13-70 et seq. Voting machines ........................ Voting places ........................... 18-30 ELECTRICITY 12-28 Electrical code adopted .................. 20-76 et seq. Electrical inspection ................... . Fees................................... Flood damage control ................... Municipal public service tax ............ . See: TA A1'1UN Swimming pools, electrical requirements 6-83 Terms defined .......................... FTrECTRONTC T)F17TCES 10-ill Noise disturbances prohibited Specific provisions ................... . DISTRICTS Zoning districts ........................0 20-101 et seq. See: ZONING DOGS Animal regulations generally ........... . See: ANIMALS AND FOWL DRAINS, DRAINAGE Land development Drainage ditch fence required; when.. . Drainage facilities.. a a sees of sets be Doom Open drainage ditches; storm sewers . . Storm water management, a 0 a 0 0 0 a 9 0 0 a . DRUMS Noise provisions ....................... . DUMPSTERS Definitions ............................. Minimum screening requirements....... . E ELECTIONS Absentee voting ......................... Applicability of Code to election where ques- tions are submitted ............... . Candidates, qualification of. 6 6 a 0 a a 0 a a a 0 0 . Canvass of return ....................... Certain ordinances not affected by Code . . City clerk, additional duties of .......... . Code enforcement board election ........ . Noise 4-1 et seq. EMERGENCY MANAGEMENT Applicability of provisions .............. . Certification of emergency conditions.... . Declaration of a state of emergency .ammo . Definitions ............................. 9-106 Fire emergencies, a a 0 a 4 0 0 a W 0 1 a a 6 a & a a 0 4 a F . 9-242 Intent .................................. 9405 Police emergencies ..................... . 9-241 Powers, duties, responsibilities.......... . Structure, emergency management...... . Suspension of local building regulations . . 13-30 Termination of state of emergency....... . Weather emergencies,. 0 owes 004 goads stag . 9-280 EMPLOYEES. See: OFFICERS AND EM- 9-281 PLOYEES ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLOSURES Section 2-84 2-96 2-85 2-8 2-83 2-86 2-82 2-88 2-26 2-89 2-87.1 2-91 2-90 6-101 6-103 6-104 8-2 18-26 et seq. 13-31(a) NERGY 2-92 E Building energy efficiency code .......... 6-6 2-94 ENTERTAINMENT. See: AMUSEMENTS 2-87 AND AMUSEMENT PLACES 2-93 1-7(16) ESCORTS AND ESCORT SERVICES 2-95 Escort service, generally, . 0 0 0 a 0 a a a 9 9 0 a 0 a a 10-81 2-58 Special provisions relating to ............ 10-90 Supp. No. 12 3116 CODE INDEX Section EVACUATION Declaration of a state of emergency ...... 2-255 EXCAVATIONS Street excavations ...................... 17-76 et seq. See: STREETS AND SIDEWALKS EXPENDITURES Sewerage revenue generation system, ex- penditures re ...................... 19-128 EXPLOSIVES AND BLASTING AGENTS Declaration of a state of emergency ...... 2-255 Noise disturbances prohibited Specific provisions .................... 13-31(g) Regulation of explosives ................. 7-27 E9 FALSE ALARMS Service fee ............................. 13-59 Waiver of fee ........................... 13-60 Warning notice ......................... 13-58 FENCES, WALLS, HEDGES AND ENCLO- SURES Barbed wire permissible, when .......... 6-189 Building numbers to be affixed to walls, fences, etc. ........................ 9-374 Construction material ................... 6-187 Drainage ditch fence required, when ..... 9406 Exceptions to provisions ................. 6-188 Height limitations generally ............. 6490 Maintenance of fences or walls........... 6495 Permit required ........................ 6486 Property line, distance from ............. 6-193 Provisions not controlling; exception...... 6494 Street, intersection, limitations when adja- cent to ............................ 6-191 Swimming pool enclosures ............... 6-217 Utility easements ....................... 6-192 FINANCES Annual fire rescue assessments .......... 18-151 et seq. See: FIRE RESCUE ASSESSMENT Bids, bidding When written bids required; waiver; small purchases ....................... 2452 Budget Certain ordinances not affected by Code 1-7(7) Emergency procurement re state of emer- gency ............................. 2-255 Fee Certain ordinances not affected by Code 14(17) Old age and survivors' insurance contribu- tion ...........................offs 14-28 Payment of money Certain ordinances not affected by Code 14(2), (17) Purchasing Purchasing policy and procedure estab- lished .........................0 2-151 Section FINANCES (Cont'd.) When written bids required; waiver; small purchases, . 0 4 a s 0 0 0 0 % a a 0 & 0 * * 0 * f & 0 2-152 Stormwater management utility fund .... 19-167 FINES, FORFEITURES AND OTHER PEN- ALTIES Certain ordinances not affected by Code.. 14(1) Code does not affect prior forfeitures, pens, alties,etc. ......................... 1-9 Code enforcement citations ............. a 2-69.1 et seq. Code violations General penalty; continuing violation; violations as public nuisances .... 1-15 Penalties for specific acts, omissions, etc. See specific subjects as indexed Repeal of ordinances, effect of............ 1-8 FIRE DEPARTMENT Created...............................a 7-2 Department division .................... 7-5 Deputy fire chief ........................ 74 Fire chief....... 7-3 Deputy fire chief ..................... 74 Fire emergencies. . s a s a 0 0 s a 0 0 9 0 0 0 0400 *0*6 2-263 Land development Impact fees (police, fire, parks and rec- reation facilities) ................ 9-391 et seq. Organization ........................... 7-1 Responsibility, delegation of ............. 7-5 FIRE HYDRANTS. See: FIRE PREVEN- TIONAND PROTECTION FIRE PREVENTION See: ALARMS, ALARM SYSTEMS FIRE PREVENTION AND PROTECTION Annual fire rescue assessments .......... 18-151 et seq. See: FIRE RESCUE ASSESSMENT Buildings International Property Maintenance Code Preemption; Florida Building Code; Florida Fire and Life Safety Code 6-302 Explosives, regulation of ................ 7-27 False alarms prohibited ................. 7-28 Fire department provisions .............. 74 et seq. See: FIRE DEPARTMENT Fire hydrants Approval and acceptance by city....... 7-80 Installation specifications ............. 748 Land development Required prior to building on lots ... 9478 Obstruction of hydrants. . 0 0 4 6 9 6 a 0 a 0 7-79 On site static water supplies .......... 7-81 Parking near prohibited .............. 12-65 Required. . a 4 a 0 f a f 9 f 0 4 9 746 Responsibility for provision and mainte- nance ........................... 7-77 Supp. No. 12 3117 FIRE PREVENTION AND PROTECTION (Cont'd.) Florida Fire Prevention Code, local amend- ment to Appeal.............................. Automatic fire sprinkler systems ..... . Impact fee credits ................... . Procedure for ........................ Hydrants. See herein: Fire Hydrants Open-air burning regulated .............. FIRE RESCUE ASSESSMENT Annual fire rescue assessments Adoption of annual rate resolution.... . Adoption of final assessment resolution Authorization for exemptions and hard- ship assistance .................. Correction of errors and omissions..... Effect of final assessment resolution .. . General authority ................... . Initial assessment roll ............... . Initial proceedings .................... Interim assessments .................. Lien of fire rescue assessments....... . Notice by mail ...................... . Notice by publication ................ . Procedural irregularities .............. Revisions to fire rescue assessments .. . Collection and use of fire rescue assess- ments Alternative method of collection ...... . Government property ................. Method of collection ................. . Definitions ............................. General findings ........................ General provisions Alternative method ................... Applicability ......................... Interpretation .......................... Legislative determinations of special bene- fit................................ FIREARMS AND WEAPONS Declaration of a state of emergency ..... . Discharging or brandishing firearms .... . Noise disturbances prohibited Specific provisions ................... . FIREWORKS Regulation of explosives ................. FLOOD DAMAGE PREVENTION Abrogation and greater restrictions ..... . Definitions ............................. Development permit ................... . Floodplain administrator Designation of ....................... Duties and responsibility of .......... . General standards ...................... Interpretation .......................... Lands to which provisions apply ........ . Noncompliance, penalties for ........... . WINTER SPRINGS CODE Section Section FLOOD DAMAGE PREVENTION (Cont'd.) Reducing flood losses, method of ......... 8-3 Regulatory floodways, standards for...... 8-55 Shallow flooding (AO zones), standards for 7-50 areas of., ......................... 8-53 7-60 Small streams, standards for ............ 8-54 7-54 Special flood hazard 7-46 Basis for establishing areas of......... 8-5 Designations, warning regarding area of 8-8 7-26 Specific standards ...................... 8-52 Statement of purpose and objectives...... 8-2 Variance procedure ..................... 8-34 18-178 Violations, penalties, . * & 4 4 0 * W V I V 0 0 a 0 m a 0 * 0 8-9 18-176 Warning regarding area of special flood hazard designation, ................ 8-8 18-184 FLORIDA. See: STATE 18-182 18-177 FLORIDA STATUTES. See: F.S. 18-171 18-173 FOLLOWING, PRECEDING to tun _ Definitions$I1Q rules OI COIISGrUCLlOn ..... i-L 18-183 18479 FORFEITURE. See: FINES, FORFEITURES 18-175 AND OTHER PENALTIES 18-174 18-181 FOWL. See: ANIMALS AND FOWL 18-180 FRANCHISES Certain ordinances not affected by Code.. 1-7(4) 18-202 Tax in addition to franchise taxes ....... 0 18-29 18-203 F.S. 18-201 Definitions and rules of construction ..... 1-2 18-151 18-153 G 18-212 GARAGE SALES 18-211 18-152 At-home sales .......................... 10-137 GARBAGE AND TRASH 18-154 Dumpsters ............................. 9-280, 9-281 Garbage service to be provided for certain 2-255 tenants ........................... 19-1 11-5 Prohibitions ............................ 13-2 13-31(g) GAS CODE Adopted ................................ 6-240 Defmitions ............................. 6-241 7-27 Fees..................................0 6-243 Inspection .............................. 6-242 8-6 GAS, GASOLINE 8-1 Flood damage control ................... 8-2 8-33 Municipal public service tax ............. 18-26 et seq. 8-31 See: TAXATION 8-32 GENDER 8-51 Definitions and rules of construction ..... 1-2 8-7 8-4 GLASSWARE 8-9 Prohibitions ............................ 13-2 Supp. No. 12 3118 CODE INDEX Section Section GOLD IN WRITING, WRITTEN Secondhand precious metals ............. 10-151 et seq. Definitions and rules of construction ..... 1-2 See: SECONDHAND PRECIOUS MET- ALS INDEBTEDNESS OF CITY Certain ordinances not affected by Code .. 14(2) GONGS INDECENCY AND OBSCENITY Noise provisions ........................ 13-32 Adult entertainment establishments, sex,, GOODS, WARES OR MERCHANDISE ually oriented businesses Declaration of a state of emergency ...... 2-255 Obscenity, indecent exposure unlawful. 10-54 Peddlers and solicitors requirements ..... 10436 et seq. INVENTORIES See: PEDDLERS, CANVASSERS AND City -owned property inventor 2492 SOLICITORS y p p y y.......... IRRIGATION SYSTEM GRADES, GRADING Reclaimed water system ................. 19-136 et seq. Certain ordinances not affected by Code .. 14(6) See: UTILITIES Land development, street grades generally 9-148 GRASS, LEAVES, UNDERBRUSH, ETC. Land development requirements re grass. 9-160 H HANDBILLS Signs and advertising regulations gener- ally ............................... 16-26 et seq. See: SIGNS AND ADVERTISING HEALTH AND SANITATION Noise Immediate threat to health and welfare 1341 HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES HISTORICAL PRESERVATION Tree protection and preservation Definitions (historic, specimen trees)... 5-3 Specimen, historic trees. . o 6 6 4 * 4 4 4 & * 4 5-8 HYDRANTS. See: FIRE PREVENTION AND PROTECTION E IMPACT FEES Florida Fire Prevention Code, local amend- ment to Impact fee credits ****Got 7-54 Land development Police, fire, parks and recreation facili- ties ............................. 9-391 et seq. Transportation impact fees............ 9-386.1 et seq. See: LAND DEVELOPMENT IMPOUNDMENT Motor vehicle impoundment ............. 12-54 IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS IN THE CITY Definitions and rules of construction ..... 1-2 KENNELS Zoning regulations .............Otto..... 20416 I/ LAKES Prohibitions ............................ 13-2 Supp. No. 12 3119 CODE INDEX Section Section LICENSES AND PERMITS MECHANICAL CODE Adult entertainment establishments, sex- Code adopted ........................... 6-146 ually oriented businesses ........... 10-58 et seq. Definition .............................. 6447 See: ADULT ENTERTAINMENT ES- Fees ................................... 6449 TABLISHMENTS, SEXUALLY Inspection .............................. 6-148 ORIENTED BUSINESSES Awnings, permit for erection over side- MERCHANDISE. See: GOODS, WARES OR walks ............................. 17-51 et seq. MERCHANDISE See: STREETS AND SIDEWALKS MINORS Dance hall permit. . a 0 4 4 0 0 a 0 6 0 a a 0 9 0 4 * 6 0 0 * 10411 Adult entertainment establishments, sex - Excavation permit ........... beef ....... 1746 ually oriented businesses Fences, walls, hedges, permits ........... 6-186 Unlawful provisions .................. 10-87 Flood damage control development permit 8-33 Alcoholic beverage sales near schools pro - Industrial wastewater contribution permit 19-52 hibited ............................ 3-2 Minimum community appearance and aes- Secondhand precious metals, dealing with thetic review standards persons under age eighteen years pro - Approval prerequisite for permits...... 9-601 hibited ............................ 10-155 Building permits ..................... 9-606 Nonconformities MOBILE HOMES AND MOBILE HOME Special permit ....................... 9-568 PARKS Peddlers and solicitors permit ........... 10-136 et seq. Zoning regulations for trailers and mobile See: PEDDLERS, CANVASSERS AND homes. . a a 0 . 0 0 * 0 0 * 4 4 a a 0 4 0 a 6 a 9 # 0 4 0 & * 20-91 et seq. SOLICITORS See: ZONING Sign permit ............................ 16-53 et seq. See: SIGNS AND ADVERTISING MONTH Street and sidewalk permit .............. 17-1 et seq. Definitions and rules of construction ..... 1-2 See: STREETS AND SIDEWALKS MONUMENTS Tree removal, land clearing permit....... 54 et seq. Land development monuments........... 9480 Vested rights special use permit ......... 9402 LIENS MOTELS. See: HOTELS AND MOTELS Code enforcement board lien. . 2-62 MOTOR VEHICLES AND TRAFFIC Application for satisfaction or release of 2-61.5 Abandonment Fire rescue assessment Impoundment and redemption ........ 12-54 Annual fire rescue assessments Prohibited ........................... 12-53 Lien of fire rescue assessments ..... 18-179 Adoption of state law .................... 12-2 Public nuisance abatement board ........ 1346 Buses LIQUOR. See: ALCOHOLIC BEVERAGES Stands, use of ........................ 12-68 Citations LITTERING Alteration or destruction .............. 12-32 Nuisance provision. . 13-2 Failure to obey....................... 12-31 Streets, sidewalks, etc., littering ......... 17-28 Issuance ............................. 12-29 LOCAL IMPROVEMENTS. See: PUBLIC Cleaning, repairing vehicles on roadway.. 12-66 Definitions ............................. 12-1 WORKS AND IMPROVEMENTS Fines for violations ..................... 12-30 LOUDSPEAKERS Gongs, sirens on vehicles, noise provisions 13-32 Noise disturbances prohibited Handbill distribution on or in vehicles.... 16-28 Specific provisions. 13-31(b) Impoundment Illegally parked or abandoned vehicles, M impoundment and redemption of . 12-54 Intersections MANUFACTURED HOUSING Fences, etc., limitations re ............ 6-191 Flood damage control standards ......... 8-51 Land development requirements....... 9455 Obstructions ......................... 17-30 MAPS. See: SURVEYS, MAPS AND PLATS Stop intersections MAY, SHALL Certain ordinances not affected by Definitions and rules of construction ..... 1-2 Code ......................... 14(14) Land development MAYOR Off-street parking and loading ....... 0 9-276 et seq. Election proclamation ................... 2-82 See: LAND DEVELOPMENT Supp. No. 12 3129 MOTOR VEHICLES AND TRAFFIC (ConfdJ Mobile homes to be parked in mobile home parks; exception ...........Good.... Noise disturbances prohibited Motor vehicle noise generally.......... Specific provisions Model vehicles ..................... Vehicle and boat repairs........... . Off-street parking and loading Generally ............................ Land development requirements...... . See: LAND DEVELOPMENT Zoning regulations ................... See: ZONING One-way streets Certain ordinances not affected by Code Parking, stopping and standing Bus, taxi stands, use of, ............. . Chief of police, powers and duties re parking of vehicles .............. Cleaning, repairing vehicles on roadway Impoundment and redemption of ille- gally parked vehicles ............ Land development requirements for off- street parking and loading ...... . See: LAND DEVELOPMENT Loading or unloading zones .......... . Mobile homes to be parked in mobile home parks; exception .......... . No -parking areas Certain ordinances not affected by Code.......... Obedience to signs, markings ........ . Off-street parking and loading Land development requirements ... . See: LAND DEVELOPMENT Zoning regulations ................ . See: ZONING Prohibitions, generally ................ Stop intersections Certain ordinances not affected by Code., .... E40 a Dole Soso Sees @as Police department Chief of police, duties and powers of re operation and parking of vehicles. Citation Alteration or destruction of......... Failure to obey ................... . Issuance of ........................ Referral of parking violations to hear- ing officer ................... . Duties to regulate motor vehicles and traffic .......................... Fines for violations ................... ' h•affic violation bureau, powers and du- ties of .......................... Regulations generally ....... wool . bog .too Skateboarding, roller skating, in -line skat- ing, other similar activities on humans, propelled devices., . S See $of Posses 000 WINTER SPRINGS CODE Section Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) Speed limits 1240 Certain ordinances not affected by Code 14(14) Vehicular speed limits .......... stood . 12-52 1344 Taxicabs Passenger rates 13-31(h) Certain ordinances not affected by 13-31(e) Code ......................... 14(13) Stands, use of, se osoo4vue be to 4 *VOODOO 0 12-68 12-69 Traffic violation bureau, powers and duties 9-276 et seq, of ................................. 12-28 Traffic -control signs, signals and devices 20-128 et seq. Certain ordinances not affected by Code 14(14) Land development; streetlights and traf- 1-7(14) fic signs ........................ 9-204 Obedience to ......................... 12-67 Truck routes 12-68 Certain ordinances not affected by Code 1-7(14) 12-27 Violations, fines for ..................... 12-30 12-66 Referral of parking violations to hearing officer .......................... 12-33 12-54 Zones Loading and unloading zones.......... 12-69 9-276 et seq. Zoning regulations for motor vehicles..... 20-431 et seq. See: ZONING 12-69 MULCHING 1240 Land development requirements ......... 9-160 MUSICAL INSTRUMENTS Noise disturbances prohibited 1-7(14) Specific provisions .................... 13-31(a) 12-67 9-276 et seq. N 20-128 et seq. NOISE Coiz•ection for character of sound......... 13-36 12-65 Definitions ............................. 13-27 Designation of noise sensitive zones ...... 1343 Emergency exception .................... 13-32 14(14) Immediate threat to health and welfare .. 13-41 Lead agency or official. 13-28 Maximum permissible sound levels by re- 12-27 ceiving land use ................... 13-35 Motor vehicle noise ..................... 13-44 12-32 Noise control officer 12-31 Powers .............................. 13-29 12-29 Noise disturbances prohibited Generally ............................ 13-30 12-33 Specific provisions .................... MEEK Notice of violation ...................... 13-40 12-26 Other remedies ........................4 1342 12-30 Penalties ..............................a 13-39 Purpose and scope ...................... 13-26 12-28 Required measurement procedures....... 13-38 12-51 Standardized measurements required .... 13-37 Variances Special event variances ............... 13-33 13-62 Variances for time to comply ......... 6 13-34 Supp. No. 12 3130 NUDITY Nudity prohibited upon alcohol licensed premises and bottle clubs.......... . NUISANCES Definitions ............................. Duty of owners of buildings to keep sur- rounding property clean; notice; fail- ure to comply with notice.......... . Fire and security alarms ............... . See: ALARMS AND ALARM SYSTEMS General prohibition ..................... Noise.................................. See: NOISE Procedure for city enforcement of non - imminent hazards ................ . Prohibitions ............. ............... Public nuisance abatement board ....... . See: PUBLIC NUISANCE ABATEMENT BOARD Skateboarding, roller skating, in4ine skat- ing, other similar activities on human,, propelled devices. . t * * * * * * 6 0 0 a 0 9 a 0 # 6 Swimming pool nuisances ............. a . NUMBER Definitions and rules of construction .... . n OATH, AFFIRMATION, SWEAR OR SWORN Definitions and rules of construction .... . OBSCENITY. See: INDECENCY AND OB- SCENITY Assessment and collection of court costs; use............................... Certain ordinances not affected by Code . . City -owned shade trees, injuring ........ . Civil infractions, schedule of, . 4 a Code does not affect prior offenses, etc... . Firearms, discharging or brandishing ... . Repeal of ordinances, effect of........... . State misdemeanors adopted; penalty ... . Tree prohibitions ....................... 7lespass ............................... OFFICERS AND EMPLOYEES Building inspector ...................... See: BUILDINGS Certain ordinances not affected by Code . . City forester ............................ Code enforcement board inspector....... . Code enforcement officers .............. . Code violations General penalty; continuing violation; violations as public nuisance .... . Definitions and rules of construction .... . Deputy fire chief. . . Election supervisor ..................... CODE INDEX Section Section OFFICERS AND EMPLOYEES (Cont'd.) Emergency management director ........ 2-253 et seq. 3-10 Fire chief. & 4 4 0 4 6 0 4 * 4 4 o 9 a a 0 * o o 4 * 7-3 Deputy fire chief ..................... 7-4 Floodplain administrator ................ 8-31 et seq. 13-1 See: FLOOD DAMAGE PREVENTION Noise control officer ..................... 13-29 Old age and survivors' insurance 13-3 Adoption of title II social security act .. 14-30 13-51 et seq. Contribution ......................... 14-28 Custody of fund ...................... 14-31 134 Execution of agreement ............... 14-27 13-26 et seq. Extension of benefits ................. 14-26 Record ............................... 14-29 Pension plan 13-4 Adopted ............................. 14-51 13-2 Board of trustee ...................... 14-52 13-70 et seq. Personnel rules or regulations Certain ordinances not affected by Code 14(11) Policy, rules and regulations ............. 144 Recall of elected officials ................ 2-26 13-62 OFFICIAL TIME 6-222 Definitions and rules of construction ..... 1-2 1-2 OLD AGE AND SURVIVORS INSURANCE. See: OFFICERS AND EMPLOYEES OPEN-AIR BURNING Regulated .............................. 7-26 PARKS AND RECREATION Adult entertainment establishments, sex- ually oriented businesses Prohibited locations .................. 10401 11-2 Concurrency administration and evalua- 1-7(1) tion procedure 114 Level of service standards (LOS) for 2-69.4 parks and recreation ............ 9-514 1-9 Land development 11-5 Impact fees (police, fire, parks and rec- 1-8 reation facilities) ................ 9-391 et seq. 114 Public grounds 540 Definitions and rules of construction... 1-2 11-3 Use of city athletic facilities; fees ....... 4 2-2 6-5 et seq. PEDDLERS, CANVASSERS AND SOLICI- TORS 14(18) Alcoholic beverage vendors in town center 3-3 5-5 At-home sales .......................... 10437 2-59 Transient or itinerant solicitors; permit 2-67 et seq. required; prerequisite to issuance ... 10436 PENSIONS AND RETIREMENT 1-15 Officers' and employees' pension plan .... 14-51 et seq. See: OFFICERS AND EMPLOYEES 1-2 7-4 PERFORMANCE BONDS. See: BONDS, 2-81 SURETY OR PERFORMANCE Supp. No. 10 3131 PERSON Definitions and rules of construction .... . PHONOGRAPHS Noise provisions ....................... . PLANNING AND DEVELOPMENT Comprehensive plan Adherence to law .................... . Adopted............................. Compliance .......................... Distribution of copies ................. Comprehensive plan amendments Advertisement of public hearing...... . Application deadline., .... us Be a bases$ 0 Authority, purpose and intent ........ . City commission transmittal public hear- ing............................. Department of Community Affairs com- ments.......................... Effectiveness of the adopted amend- mentI I I.. , . I ... I ..... 1.. 11 1 Exemptions ......................... . Initiation of amendments ............ . Local planning agency review and rec- ommendation .................. . Review Criteria ........................... Procedure ......................... Transmittal of adopted amendment to the Department of Community Af- fairs............................ Impact fees Police, fire, parks and recreation facili- ties................. 9 f BOB*...... Transportation facilities ............. . Land development ..................... . See: LAND DEVELOPMENT Master beautification plan .............. . See also: BEAUTIFICATION BOARD Tree protection and preservation Protection during development, construc- tion; periodic inspection......... . Zoning regulations generally, E 0 a 0 9 a 0 s d * 6 . See: ZONING WINTER SPRINGS CODE Section PLUMBING (Cont'd.) 1-2 Plumbing code adopted. Swimming pools, plumbing requirements Ila 15-28 15-26 et seq. 15-27 15-29 15-39 15-32 15-30 15-38 15-40 1 -43 15-33 15-31 15-37 15-36 15-35 9-391 et seq. 9-386 et seq. 9-1 et seq. 2-80 5-14 20-1 et seq. PLATINUM Secondhand precious metals ............. 10-151 et seq. See: SECONDHAND PRECIOUS MET- ALS PLATS. See: SURVEYS, MAPS AND PLATS PLAYGROUNDS Prohibitions ............................ 13-2 PLUMBING Cross -connection control, backflow preven- tion ............................... 19-151 et seq. See: UTILITIES Fees................................... Inspection .............................. Terms defined .......................... POLICE DEPARTMENT Emergencies, police .................... . Land development Impact fees (police, fire, parks and rec- reation facilities) ............... . Traffic responsibility ................... . See: MOTOR VEHICLES AND TRAF- FIC POLITICS. See: ELECTIONS PRECEDING, FOLLOWING Definitions and rules of construction .... . PRECIOUS METALS. See: SECONDHAND PRECIOUS METALS PRISONS AND PRISONERS one violations General penalty; continuing violation; violation as public nuisance ..... . PROCEEDINGS. See: SIJITS ,ACTIONS AIV�D OTHER PROCEEDINGS PROPERTY Abandoned property, disposition by city.. . City -owned personal property Definition ............................ Disposal of surplus property .......... Identification; records; inventory ..... . Property supervision and control ..... . Surplus property, disposal of.......... Definitions and rules of construction .... . Fire rescue assessment Collection and use of fire rescue assess- ments Government property .............. Handbill distribution upon residential prop- erty prohibited without consent of owner ............................. International Property Maintenance Code See: BUILDINGS PUBLIC NUISANCE ABATEMENT BOARD Appeal................................. Composition; term ..................... . Creation of the public nuisance abatement board............................. Definitions ............................ . Enforcement procedures ................. Intent and purpose ..................... Penalties; fines; liens; recording......... . Powers; duties; jurisdiction .......... . 6-129 PUBLIC PLACES. See: STREETS AND SIDE. 6-128 WALKS Section 6-126 6-221 6427 2-262 9-391 et seq. 12-26 et seq. 1-2 2-1 6-300 16-27 et seq. Supp. No. 12 3132 PUBLIC SERVICE TAX. See: TAXATION PUBLIC WORKS AND IMPROVEMENTS Code violation Penalty by labor on city works ....... . Land development required improvements See: LAND DEVELOPMENT Local improvements Certain ordinances not affected by Code PURCHASING. See: FINANCES 0 RADIOS Noise provisions ........................ RATIONING Declaration of a state of emergency ..... . RECLAIMED WATER SYSTEM. See: UTILI- TIES RECREATION. See: PARKS AND RECRE- ATION RETIREMENT. See: PENSIONS AND RE- TIREMENT ROCKS Land development rock removal ........ . RUMMAGE SALES At-home sales .......................... SCHOOLS Adult entertainment establishments, sex- ually oriented businesses Prohibited locations .................. Alcoholic beverage sales prohibited near. . SECONDHAND PRECIOUS METALS Dealing with persons under age eighteen years prohibited ..................0 Definitions ......................Good... Minors Dealing with persons under age eigh- teen years prohibited............ Storage of articles during waiting period . Transactions, register of. . 0 0 a a 0 0 a I V V * 0 0 * * Waiting period prior to disposal of certain property. 0 V * * e e * 0 0 4 6 s 0 a 6 6 * 6 * . 4 4 6 6 * 6 CODE INDEX Section 1-15 9-176 et seq. 2-255 10-101 3-2 10-155 10-151 10-155 10-154 10-152 10-153 ECURITY ALARM S Provisions generally. .................... 13-51 et seq. See: ALARMS, ALARM SYSTEMS SEMINOLE COUNTY. See: COUNTY SEPTIC TANKS Land development, septic tank requ Wastewater system, private septic tanks re SEVERABILITY Severability of parts of Code ............ . SEWERS. See: UTILITIES SHALL, MAY Definitions and rules of construction .... . SHRUBBERY. See: TREES AND SHRUB- BERY SIDEWALKS. See: STREETS AND SIDE- WALKS SIGNATURE, SUBSCRIPTION Definitions and rules of construction .... . SIGNS AND ADVERTISING 911 emergency response system......... . Applications; permit fees; review period; approval criteria; appeals.......... . Building permit required ............... . Construction and maintenance standards. Definitions ............................ . Exemptions from permit requirements .. . Handbills and procedures, distribution of Aiding and abetting prohibited ....... . Exemptions from provisions .......... . Findings offset ...................... Granting of variances. . . Residential property, distribution upon prohibited without consent of owner Vehicles in public places, distribution on or in prohibited ................. Loudspeakers Noise disturbances prohibited Specific provisions ................ . Nonconforming signs .................... Prohibited signs ........................ Purpose and intent ..................... Skateboarding, roller skating, etc. Prohibition signs ..................... Standards Banners ............................. Bench signs.... Enforcement ......... ................ Generally ............................ Implied consent ...................... Outdoor display/billboards Off -premises signs prohibited ...... . On -premises signs ................. Severability, .......................... Supplemental sign regulations ....... . Viewpoint neutral .................... Weather. Supplemental temporary sign requirements Traffic signs ............................ Waiver ................................. Section 1-2 1-2 13-62(d) SILVER Secondhand precious metals ............. 10-151 et seq. 9-107 See: SECONDHAND PRECIOUS MET- 19-29 ALS Supp. No. 12 3133 WINTER SPRINGS CODE Section SIRENS Noise provisions ........................ 13-32 SKATEBOARDING, ROLLER SKATING, ETC. Prohibition; signs... ... 0 **06 6960 foot east 13-62 SLOT MACHINES, DEVICES Prohibited; exceptions ................... 10-115 SODDING Land development requirements ......... 9-160 SOIL Land development soil removal .......... 9-8 SOLICITORS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS SPRINKLER SYSTEMS Automatic fire sprinkler systems Florida Fire Prevention Code, local amendment to .................. 7-60 STAGNANT WATER Property owner responsibility STATE Definitions and rules of construction ..... 1-2 Florida Building Code, administrative amendments to. See: BUILDINGS Florida Fire Prevention Code, local amend- ment to ........................... 7-46 et seq. See: FIRE PREVENTION AND PRO- TECTION STORAGE Temporary storage structures............ 6-87 STORMWATER Stormwater management utility ......... 19-161 et seq. See: UTILITIES STREETS AND SIDEWALKS Access control .......................... Code violation Penalty by labor on street, . Dedicating, naming, establishing, etc., streets Certain ordinances not affected by Code Definitions and rules of construction .... . Excavations Barricades, erection and lighting of... . Bond required, . 0 0 0 o 0 0 a 0 0 a a 4 0 4 0 4 0 . * Duty and liability of permit holder.... . Erection and lighting of barricades ... . Inspection ........................... Permit required ..................... . Fences, etc., limitations for streets ...... . Flood damage control ................... Grades Certain ordinances not affected by Code Handbill distribution in public places pro- hibited ............................ 1-15 STREETS AND SIDEWALKS (Cont'd.) Intersections, obstruction of vision at..... Land development requirements for streets, alleys, bridges, etc.... . be of 000#. See: LAND DEVELOPMENT Littering Generally ............................ Prohibited. Locating, opening, paving, etc., streets Certain ordinances not affected by Code New street; permit required ............ . Obstructions Street intersections, vision at ........ . Streets and sidewalks; permit required Permits Awnings erected over sidewalks, per- mits re ......................... See herein: Sidewalks Excavation permits Duty and liability of permit holder . . Generally ......................... New street; permit required.......... . Obstructing streets and sidewalks; pen mit required .................... Public places Definitions and rules of construction.. . Rights-of=way permit fee election........ . Sidewalks At-home sales... .... Vote@ bootoffis *boo o Definitions and rules of construction.. . Land development requirements...... . Permit for erection of awnings, etc., over sidewalks Fee............................... Required; application ............. a Transportation impact fees ............. . See: LAND DEVELOPMENT Trees and shrubbery, removal prohibited . Uniform building numbering system .... . See: BUILDINGS Unsafe buildings, closing streets for vacat- ing, . a 0 * 0 s a 0 0 d 6 6 o 0 0 4 9 1 0 0 a * 4 0 0 0 0 0 o V V Vacating and abandoning streets and al- leys............................... Violations, penalties, . # 6 6 o * 0 0 a 9 * 0 S*40044. Widening, vacating, etc., streets Certain ordinances not affected by Code 17-80 SUBDIVISIONS 17-77 Certain ordinances not affected by Code . . 17-79 Flood damage control standards ......... 17-80 Land development ..................... . 17"78 See: LAND DEVELOPMENT 17-76 Planned unit developments, subdivision plan 6-191 See: ZONING 8-2 Zoningregulations generally, See: ZONING 1-7(6) SUBSCRIPTION, SIGNATURE Definitions Deitions and rules of construction .... . Supp. No. 12 3134 Section 17-30 9-146 et seq. 13-2 17-28 1-7(5) 17-26 17-30 174 17-51 et seq. 17-52 1?-51 9-386.1 et seq. 17-28 9-370 et seq. 6469 17-27 17-31 1-7(5) 1-7(10), (12) 8-51 9-1 et seq. 20-383 et seq. 20-1 et seq. 1-2 SUITS, ACTIONS AND OTHER PROCEED- INGS Repeal of ordinances, effect of........... . SURETY BONDS. See: BONDS, SURETY OR PERFORMANCE SURVEYS, MAPS AND PLATS Certain ordinances not affected by Code . . Land development platting requirements. See: LAND DEVELOPMENT Zoning map Certain ordinances not affected by Code Working maps and procedures......... SWEAR OR SWORN. See: OATH, AFFIRMA- TION, SWEAR OR SWORN SWIMMING POOLS Code adopted ........................... Conflict with deed restrictions .......... . Contractor's qualifications .............. . Definitions ............................. Design and construction requirements... . Electrical requirements ................. Enclosure required ...................... General construction provisions for con- crete pools. . 4 0 0 0 a . * a a a a a 0 a 9 0 a 0 a 0 4 Inspection .............................. Nuisances .............................. Owner's privilege ...................... . Permit Application; plans and specifications .. . Plumbing requirements ................. Stagnant water ......................... Yards.................................. T TAXATION Annual fire rescue assessments ......... . See: FIRE RESCUE ASSESSMENT Certain ordinances not affected by Code . . Local business tax receipts Limitation on term; half -year receipts. . Local business tax receipts established. Receipt year established .............0 Transfer of receipt, . 6 0 a a a 4 0 4 a a 0 0 a a a 0 0 1 Local improvements assessments Alternative method ................... Assessed areas and advisory committees Creation of advisory committees ... . Definition of assessed areas ....... . Landowner petition process........ . Collection of assessments Alternative method of collection.... . Government property ............. 9 Method of collection................ Responsibility for enforcement ..... . Definitions., ad too* adds V*40*44* datu*00 General findings ..................... Interpretation; title and citation ...... . CODE INDEX Section TAXATION (Cont'd.) Issuance of obligations 1-8 Anticipation notes ................ . General authority .................. Refunding obligations ............. . Remedies of holders ............... . Taxing power not pledged ........ a . 14(10) Temporary obligations. . 4 0 * 0 4 0 a a 0 0 94 et seq. Terms of the obligations, .......... . Trust funds, a 4 0 0 a 0 9 0 a * 0 * 4 . a 0 a 6 0 a 0 0 0 Variable rate obligations .......... . 14(15) Local improvement assessments 20-102 Adoption of final local improvement assessment resolution ........ . Annual local improvement assess- ment resolution ............... Authority ......................... 6-210 Correction of errors and omissions . . 6-223 Effect of local improvement assess- 6-214 ment resolutions .............. 6-211 Initial local improvement assessment 6-216 20 resolution .................... 6-2 6-220 Lien of assessments ................ Local improvement assessment roll . 6-218 Notice by 6-213 Mail ............................ 6-222 Publication ..................... 6-215 Procedural irregularities ........... Revisions to ...................... . 6-212 Related service assessments 6-221 Adoption of final related service as- 13-2(e) sessment resolution .......... . 6-219 Annual related service assessment res- olution ....................... Authority ......................... Correction of errors and omissions . . Effect of related service assessment 18-151 et seq, resolutions ................... 1 7(7) Initial related service assessment res- olution ....................... 10-28 Lien of assessments ................ 10-29 Notice by 10-27 Mail. . 9 4 0 a a 0 0 a 9 a 0 0 6 1 * 6 a 4 a a 10-30 Publication .................... . Procedural irregularities .......... . 18-94 Related service assessment roll .... . Revisions to related service assess- 18-55 ments........................ 18-54 Municipal public service tax 18-56 Collection by seller .................. . Exemptions .......................... 18-82 Interest and penalties ................ 18-84 Levy ................................ 18-81 Rights -of -way permit fee election ..... . 18-83 Seller's records ....................... 18-51 18-53 TAXICABS. See: MOTOR VEHICLES AND 18-52 TRAFFIC Section Supp. No. 10 3135 WINTER SPRINGS CODE Section Section TELEGRAPH TREES AND SHRUBBERY (Cont'd.) Public service tax ....................... 18-26 et seq. Undesirable trees, (App. A to Chap. 5) See: TAXATION Voluntary tree planting, ............. a 5-15 TELEPHONES Waivers; incentive program and appeals 5-16 Emergency telephone number............ 13-55 TRESPASSING Flood damage control ................... 8-2 Conditions constituting trespassing ...... 11-3 Public service tax ....................... 18-26 et seq. Utility protection, enforcement See: TAXATION Trespass ............................. 19-303 TELEVISION Dish antenna ..........................e 6-83 U TERRITORY UNSAFE BUILDINGS. See: BUILDINGS Annexations UTILITIES Certain ordinances not affected by Code 1-7(9) Charges. See herein: Rates, Fees and THEATERS Charges Adult entertainment establishments ..... 10-55 et seq. Concurrency administration and evalua- See: ADULT ENTERTAINMENT ES- tion procedure TABLISHMENTS, SEXUALLY Level of service standards (LOS) . . . . . . 9-510 et seq. ORIENTED BUSINESSES See: LAND DEVELOPMENT Cross -connection control, backflow Dreven- TRAFFIC. See: MOTOR VEHICLES AND tion TRAFFIC Administration, ...................... 19-153 Backflow prevention devices TRAILERS. See: MOBILE HOMES AND MO- Installation, testing and maintenance BILE HOME PARKS of ............................ 19-155 TRASH. See: GARBAGE AND TRASH Changes to manual ................... 19-152 Cross -connection violations and penal - TREES AND SHRUBBERY ties. . 0 0 6 1 0 a 0 0 0 & 6 # 9 0 6 9 a 0 S 0 0 0 * 6 0 0 S 19-156 Injuring city -owned shade trees .......... 11-4 Inspection and testing, right of access.. 19454 Land development Intent ............................... 19-150 Clearing rights -of -way of trees ........ 9-129 Manual adopted by reference; compli- Streets, removal of trees and shrubbery on 17-28 ance required ................... 19-151 Tree protection and preservation Fees. See herein: Rates, Fees and Charges Applicability ......................... 5-1 Fences, walls, etc., for utility easement, .. 6492 Authorization to adopt rules, regula- Flood damage prevention requirements re tions, fees for implementation .... 5-19 utilities ........................... 8-1 et seq. Calculating tree protection zone, (App. See: FLOOD DAMAGE PREVENTION C to Chap. 5) Garbage service to be provided for certain City forestry office,.* 4 see 9 bad S 00*v good 5-5 tenants ........................... 19-1 Definitions, ......................... 0 5-3 Land development Desirable trees, (App. B to Chap. 5) Utilities services to be underground, ex" Development, construction, protection ception ......................... 9-104 during; periodic inspection ....... 5-14 Water and sewer systems, requirements Enforcement; penalties ............... 5-18 for ............................. 9-261 Intent, purpose, . 0 4 0 P 0 5-2 Permits Minimum tree requirement ........... 5-13 Industrial wastewater contribution pert, Permit required: tree removal, land clear- mit ............................. 19-52 ing; separate violations; criteria; Public service tax ....................... 18-26 et seq. contractor permit required ....... 54 See: TAXATION Application, permit ................ 5-6 Rates, fees and charges Contents; expiration; removal after Wastewater system ................... 19-91 et seq. expiration of permit........... 542 See herein: Wastewater System Prohibitions... ... 0 06 9 bid 0 go 6 6 0 4 6 a a 0 0 0 5-10 Reclaimed water system Remedial action., .... 440 6 of 1 0 0 a 4 Smog$ 5-17 Definitions, . SOS* ........... Soup .....0 19-136 Specimen, historic trees, . 9 * 0 a 9 0 0 m 0 0 6 to 5-8 Inspection ........................... 19440 Tree protection area signage, (App. D to Rates and charges, ................... 19-138 Chap. 5) Routing and construction ............. 19437 Tree pruning standards ............... 54 Service procedures, regulation........ 19439 Tree replacement guidelines........... 5-9 Promulgation, enforcement of....... 19-139 Supp. No. 12 0106 CODE INDEX Section Section UTILITIES (Cont'd.) UTILITIES (Cont'd.) Septic tanks Rates, fees and charges Private septic tanks re wastewater sys- Annual rate review ................ 19-99 tem ............................ 19-29 Appeals........................... 19-98 Sewers. See herein: Wastewater System Application requirements........... 19400 Solid waste services; rates; penalties and Billing, payment, delinquency .. e ... 19-97 enforcement for nonpayment........ 19-2 Conservation methods, . a 6 0 4 0 0 . 0 a . a 6 19-94 Stormwater management utility Definitions ........................ 19-91 Adjustment of fees ..................a 19466 Intent............................. 19-92 Billing, payment, penalties, enforce- Office hours ....................... 19401 ment........................... 19-165 Penalties and charges.............. 19-31 Definitions ........................... 19462 Policy for bill adjustments for unex- Director(of public works) plained excessive use.......... 19-98.5 Powers, duties, responsibilities...... 19-168 Revenue .......................... 19-95 Discharges into natural waters, munic- Sewerage revenue generation system ipal storm sewer system ......... 19470 Accountant certification of ade- Enforcement, penalties, legal proceed- quate maintenance ......... 19429 ings ............................ 19475 Accounts established ............ 19-126 Fee created .....................state 19-163 Deposits........................ 19427 High risk screening, . a 4 a 0 9 a 0 4 Volvo**** 19A74 Expenditures ................... 19-128 Illicit discharges, connections (prohibi. User charge tion)............................ 19-171 Generally....................... 19-96 Industrial, commercial, construction ac. Schedule. . a 0 0 6 6 # 0 4 4 4 * 0 4 . 6 0 a a 0 a 9 0 19402 tivities; stormwater discharges from 19470.5 System ......................... 19-93 Inspection, monitoring for compliance, Septic tanks, private. . * * 4 0 0 0 0 0 0 a 0 a 0 a 0 0 19-29 operational maintenance......... 19-173 Sewerage revenue generation system Interconnected municipal storm sewer Accountant certification of adequate systems maintenance ................. 19-129 Control of pollutant contributions from 19472 Accounts established ............... 19426 Prohibited acts, generally ............. 19-169 Deposits .......................... 19-127 Purpose; intent....................... 19-161.5 Expenditures...................... 19428 Rates, schedule of .................... 19-164 Use of wastewater system............. 19-27 Stormwater management utility fund .. 19467 Water shortage conditions and shortages Title ................................ 0 19461 Application of this article ............ 0 19-202 Utility protection, enforcement Definitions .......................... 0 19-201 Enforcement ......................... 19-304 Enforcement......................... 19-205 Meters furnished by, remain property of Exception ........................... 0 19-206 city; all water must pass through Implementation ...................... 19-203 meter. . 0 4 6 * 6 0 0 * a 4 * a 0 a 0 a 4 0 0 0 a **** 19-300 Intent and purpose................... 19-200 Right of entry of authorized agents, erase Penalties ............................ 19-207 ployees ..................... mesa 19-301 Water use constitutes acceptance of pro - Tampering with city utility system .... 19-302 visions of the article ............. 19-208 Trespass ............................. 19-303 Water uses, surcharges and factors con. Wastewater system sidered .agog .................... 19-204 Accidental discharge protection........ 1944 Charges. See herein: Rates, Fees and V Charges Contaminants prohibited .............. 19-72 VEHICLES. See: MOTOR VEHICLES AND Definitions ........................... 19-26 TRAFFIC Discharges prohibited. . a . 0 4 & 0 0 a 0 a 6 W 9 1 * 19-71 VENDORS. See: PEDDLERS, CANVASSERS Enforcement ......................... 19-53 AND SOLICITORS Enforcement board ................... 19-30 Fees. See herein: Rates, Fees and Charges VOTES, VOTING. See: ELECTIONS Industrial wastewater contribution per- mit ............................. 19-52 W Inspection and monitoring ............ 19-51 WALLS. See: FENCES, WALLS, HEDGES Penalties and charges ................ 19-31 AND ENCLOSURES Pretreatment ........................ 19-73 Private septic tanks ................. 4 19-29 WARES. See: GOODS, WARES OR MER- Public sewers, required use of......... 19-28 CHANDISE Supp. No. 12 3137 WINTER SPRINGS CODE Section WARRANTS. See: WRITS, WARRANTS AND OTHER PROCESSES WASTEWATER. See: UTILITIES WATER AND SEWERS. See also: UTILITIES Concurrency administration and evalua- tion procedure Level of service standards (LOS) ...... 9-510 et seq. See: LAND DEVELOPMENT Declaration of a state of emergency; water use restrictions ...................0 2-255 Reclaimed water system ................. 19-136 et seq. See: UTILITIES Water shortage conditions and shortages . 19-200 et seq. See: UTILITIES WATERWAYS AND WATERCOURSES Boats. See that subject Discharges into natural waters, municipal storm sewer system ................ 19-170 Flood damage prevention ......... . ...... 8-1 et seq. bee: FLOOD DAm AGt; PhEVEN'lYOiN Prohibitions ............................ 13-2 WEAPONS. See: FIREARMS AND WEAP- ONS wEA1"BLit WEEDS Accumulation or untended growth of ..... 13-2(c) WINE. See: ALCOHOLIC BEVERAGES WINTER SPRINGS. See: CITY WRITS, WARRANTS AND OTHER PRO- CESSES Subpoenas Code enforcement board powers ....... 2-61 WRITTEN, IN WRITING Definitions and rules of construction ..... 1-2 11 YARD SALES At-home sales .......................... 10-137 YARDS AND OPEN SPACES Land development; public sites and open spaces ............................ 9-103 Swimming pools, yard requirements re ... 6-219 Zoning regulations generally. . V 20-1 et seq. See: ZONING YEAR Definitions and rules of construction ..... 1-2 Section [The next page is 3141] Supp. No. 12 3138