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HomeMy WebLinkAboutOrdinance 2001-16 Temporary Storage Structures ORDINANCE NO. 2001-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 6 RELATING TO THE INSTALLATION AND LOCATION OF TEMPORARY STORAGE STRUCTURES; 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 Winter Springs recognizes the need to protect property values by restricting the installation of temporary storage structures; and WHEREAS, the City Commission hereby recognizes and finds that prohibiting the installation of temporary storage structures, except on a temporary basis for limited purposes, furthers the aesthetic and historical character of the community, especially residential neighborhoods and furthers the safety and security of property and life during serious weather situations; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Winter Springs Code Section 6-59 is hereby amended as follows (underlined type indicates additions and stri1oc0tlt type indicates deletions): Section 6-59. Temporary Storage Structures. City of Winter Springs Ordinance No. 2001-16 Page 1 of 4 00 Definition: For purposes of this section. "temporary storage structure" shall mean a structure designed and used primarily for storage of building materials. household goods. and other such material; and that is not intended for permanent installation. (b) A supplier of a temporary storage structure shall obtain a permit issued by the building department prior to supplving and installing or allowing to be installed a temporary storage structure within the Citv of Winter Springs. The permit shall be limited to a specific address and shall allow the installation at such address for a maximum of seventy-two (72) consecutive hours. Permits shall also be limited to a maximum of two (2) per any twelve (12) month period for any specific address. A permit fee shall be required by resolution of the City Commission and collected by the City. The permit shall contain the date and time of issuance. the name of the person to whom the temporary storage structure is supplied. and the address at which the temporary storage structure will be installed. (c) In the event of a tropical storm or hurricane watch issued by the National Weather Service. the City shall have the right to order the supplier to remove the temporary storage structure by providing the supplier at least twenty-four (24) hours notice of removal. In the event of a tropical storm or hurricane warning issued by the National Weather Service. the temporary storage structure shall be immediately removed by the supplier after the warning being issued. In such situations. the City shall have the City of Winter Springs Ordinance No. 2001-16 Page 2 of 4 right to enter the property and remove the temporary storage structure if the supplier does not remove the temporary storage structure as required by this subsection. The supplier shall be liable for all removal costs incurred by the City and failure to pay said costs. upon demand by the City. shall constitute a code violation and shall result in a lien being imposed pursuant to Chapter 162. Florida Statutes. in the amount of said costs. (d) For good cause shown by the owner of the property at which the temporary storage structure will be supplied. the time periods set forth in subparagraph (b) may be extended by the City Manager or City Commission: provided an extension granted by the City Manager shall not extend beyond the date for the next regularly scheduled City Commission meeting. Good cause being limited to emergencies and situations where there exists a reasonable risk or threat to life and property damage. 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 Winter Springs City Code 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 City of Winter Springs Ordinance No. 2001-16 Page 3 of 4 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 9th day of July, 2001. PAUL PARTYKA MAYOR ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the city of Winter Springs only Anthony A. Garganese, City Attorney First Reading: June 11, 2001 Second Reading: June 25, 2001 Third Reading: July 9, 2001 Effective Date: July 9. 2001 F:\DOCS\City of Winter Springs\Ordinances\Temp storage structure.kj.wpd City of Winter Springs Ordinance No. 2001-16 Page 4 of 4 NOTICE OF PllOPOSED CHANGES TO SECTION 6 WINTER SPRINGS CODE OF ORDINANCES NOTICE IS HEREBY GIV- EN THAT THE CITY COM- MISSION OF THE CITY OF WINTER SPRINGS WILL HOLD A PUBLIC HEAR, ING FOR THE SECOND READING ON PROPOSED ORDINANCE 2001-16 TO CONSIDER AMEND- MENTS TO SECTION 6 OF THE CITY CODE RELAT- ING TO TEMPORARY STORAGE STRUCTURES. A PUBLIC HEARING ON THE PROPOSED ORDI- NANCE WILL BE HELD ON JUNE 25, 2001 AT 6:30 PM AT THE WINTER SPRiNGS CITY HALL. ORDINANCE 2001-16 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORI DA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 6 RE- LATING TO THE INSTALLA- TION AND LOCATION OF TEMPORARY STORAGE STRUCTURES; PROVIDING FOR THE REPEAL OF INCON- SISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVlD- ING FOR AN EFFECTIVE DATE. A PUBLIC HEARING ON THE SECOND READING OF PROPOSED ORDI- NANCE 2001-16 WILL TAKE PLACE AT THE CITY COMMISSION CHAM- BERS IN CITY HALL A 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. ADDITIONAL INFORMA- TION PERTAINING TO THE ABOVE MAY BE OB- TAINED FROM THE OF- FICE OF THE CITY CLERK AT CITY HALL. 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA, FOR MORE IN- FORMATION CALL 327- 18OO,EXT. # 227, PERSONS WITH DISABILI- TIES NEEDING ASSIS- TANCE TO PARTICIPATE IN ANY OF THESE PRO- CEEDINGS SHOULD CON TACT THE EMPLOY.. RELATIONS DEPAR- MENT COORDINATOR .. HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800, THIS IS A PUBLIC HEAR- ING IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION. MADE BY THE CITY COM-. MISSION WITH RESPET TO ANY MATTER CON SIDERED AT THIS MEET- lNG, YOU WILL NEED A RECORD OF THE PRO CEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RE- CORD OF THE PROCEED- INGS IS MADE UPON WHICH THE APPEAL IS, TO BE BASED. ANDREA LORENZO- LUANCES CITY CLERK CSE3943620 ...6/15/01 Orlando Sentinel Published Daily State of Florida 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared Linda Bridgewater , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement, being a NOTICE Of PROPOSE in the matter of ORD 2001-16 in the SEMINOLE Court was published in said newspaper in the issue; of 06/15/01, 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. Linda Bridgewater The foregoing instrument was acknowledged before me this 14th day of June, 2001, by Linda Bridgewater who is personally known to me and who did take an oath. Beverly C. Simmons (SEAL) Orlando Sentinel Published Daily State of Florida 5.5. COUNTY OF ORANGE Before the undersigned authority personally appeared Julia Nichols , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement, being a NOTICE Of PROPOSE in the matter of ORD 2001-16 in the SEMINOLE Court was published in said newspaper in the issue; of 06/29/01, 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. Julia Nichols The foregoing instrument was acknowledged before me this 29th day of June, 2001, by Julia Nichols who is personally known to me and who did take an oath. Beverly C. Simmons (SEAL) NOTICE OF PROPOSED CHANGES TO SECTION 6 WINTER SPRINGS CODE OF ORDINANCES NOTICE IS HEREBY GIV- EN THAT THE CITY COM- MISSION OF THE CITY OF WINTER SPRINGS WILL HOLD A PUBLIC HEAR- ING FOR THE THIRD READING ON PROPOSED ORDINANCE 2001-16 TO CONSIDER AMEND- MENTS TO SECTION 6 OF THE CITY CODE RELAT- ING TO TEMPORARY STORAGE STRUCTURE A PUBLIC HEARING ON THE PROPOSED ORDI- NANCE WILL BE HELD ON JULY 9, 2001 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL. ORDINANCE 2001-16 AN ORDINANCE OF THE CITY DF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES SECTlDN 6 RELATING TO THE IN: STI\LLATlON AND LOCATION OF TEMPORARY STORAGE STRUC- TURES; PROVIDING FOR THE RE PEAL OF INCONSISTENT ORDi- NANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A PUBLIC HEARING ON THE THIRD READING OF PROPOSED ORDINANCE 2001-16 WILL TAKE PLACE AT THE CITY COMMIS- SION CHAMBERS IN CITY HALL AT 1126 EAST STATE ROAD 434, WI N- TER SPRINGS, FLORIDA INTERESTED PERSONS MAY ATTEND AND BE HEARD. ADDITIONAL INFORMA- TION PERTAINING TO THE ABOVE MAY BE OB- TAINED FROM THE OF- FICE OF THE CITY CLERK AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLOR I DA. FOR MOR E IN FORMATION CALL 327- 1800,EXT. # 227. PERSONS WITH DISABI LITES NEEDING ASSIS- TANCE TO PARTICIPATE IN ANY OF THESE PRO- CEEDINGS SHOULD CON- TACT THE EMPLOYEE RELATIONS DEPART- MENT COORDINATOR 48 HOURS I N ADVANCE OF THE MEETING AT (407) 327-1800. THIS IS A PUBLIC HEAR- ING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE CITY COM- MISSION WITH RESPECT TO ANY MATTER CON- SIDERED AT THIS MEET- ING, YOU WILL NEED A RECORD OF THE PRO- CEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RE- CORD OF THE PROCEED- INGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. ANDREA LORENZO-LUANCES CITY CLERK CSE:~9.65}49 JUNE 29,2001