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HomeMy WebLinkAboutOrdinance 2000-02 Fences/Walls ORDINANCE NO. 2000-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES BY ADOPTING A NEW SECTION 6-195 REGARDING THE MAINTENANCE AND UPKEEP OF FENCES AND WALLS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, recognizes and finds that fences that are not maintained in good order pose a threat to the public health, safety, and welfare and contribute to slum and blight; and WHEREAS, the City Commission also finds that the proper maintenance of fences promotes stable and increased property values which has a positive impact on the revenues generated by the City from ad valorem taxes; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare ofthe citizens of Winter Springs, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Winter Springs Code is hereby amended by creating a new section 6-195 as follows: Sec. 6-195 Maintenance of Fences or Walls. All fences and walls and accessories thereto shall be maintained in good order and in a condition equal to that which was originally approved by the building official at the time a building permit was issued. If for any reason the fence or wall was erected without a building permit, said wall or fence shall be maintained in accordance with the conditions and requirements necessary for obtaining a fence or wall permit from the building official under this Article. Within City of Winter Springs Ordinance No. 2000-02 Page 1 of 3 thirty (30) days receipt of written notice by the City that a wall or fence does not comply with the requirements of this section, a property owner shall bring such fence or wall in compliance with this section within thirty (30) days of receipt of such notice. The thirty day period may be extended an additional thirty day period by the City Manager for good cause shown. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Code of Ordinance of the City of Winter Springs and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 28th day of February , 2000. City of Winter Springs Ordinance No. 2000-02 Page 2 of 3 ATTEST: Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City At orney First Reading: January 24, 2000 Second Reading: February 28, 2000 Effective Date: February 28, 2000 City of Winter Springs Ordinance No. 2000-02 Page 3 of 3 NOTICE OF CHANGES TO SECTION 6 OF CITY ORDINANCES RELATING TO FENCE MAINTENANCE IN THE CITY OF WINTER SPRINGS, FLORIDA Notice of amendments to Sec- tion 6, of the City Code of Ordl- nances in the City of Winter Springs. Notice is hereby given that the City Commission of the City of Winter Springs, Florida will hold a second reading on proposed Ordinance 2000-02 to consider amendments to Section 6 of the Code of. Winter Springs at 6:30 P.M. on February 14, 2000 at the Winter Springs City Hall. The City of Winter Springs pro- poses to amend Section 6 of City Code dealing with Fence Maintenance. A pubic hearing on the second reading of proposed Ordinance 2000-02 will take place at the City Commission Chambers In City Hall at 1126 E. State Road 434, Winter Springs, Florida. In- terested persons may attend and be heard. Additional information pertaining to the above may be obtalned from Jimette Cook, at the Com- munity Development Depart- ment-Code Enforcement Divi- sion located at 1126 E. State Road 434, Winter Springs, Flori- da or call 407-327-1800, #324 Persons with disabiiities need- ing assistance to participate in this proceeding should contact the Employee Relations Depart- ment Coordinator 48 hours In advance of. the meeting at 407- 327-1800, #236 This is a public hearing. If you decide to appeal any decision or recommendation made by the City Commission with re- spect to any matter at this meet- ing you will need a record of the proceedings, and, for such purposes, you may need to en- sure that a verbatim record of. the proceedings is made upon which the appeal is to be based. FEB. 4, 2000 The Orlando Sentinel Published Daily State of Florida COUNTY OF ORANGE Before the undersigned authority personally appeared Julia Nichols , who on oath says that he/she is the Legal Advertising Representative of The Ortando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement, being a NOTICE OF CHANGES in the matter of FENCE MAINTENANCE Ord. 2000-02 in the Seminole Court was published in said newspaper in the issue; of 2/4/00 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS ,in said SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknolwedge before me this 4th day of February, 2000 by Julia Nichols who is personally known to me and who did take an oath. (SEAL)