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Home My WebLink About2002 01 14 Regular J Temporary Storage UnitsCOMMISSION AGENDA ITEM J January 14, 2002 Meeting Consent Informational Public Hearing Regular X I~~ Mgr. / Authorization REQUEST: The Community Development Department-Code Enforcement Division, at the request of Tim Greene, a representative for At Your Door Service, L.L.C., d.b.a. P.O.D.S. requests the City Commmission considers removing from the table an agenda item requesting the Commission considers information regarding possible code amendments to regulations concerning temporary storage units. PURPOSE: The purpose of this agenda item is to request that the City Commission considers removing from the table an agenda item relating information about possible code amendments to regulations concerning temporary storage structures. APPLICABLE LAW AND PUBLIC POLICY: Under current regulations, a permit is required prior to the installation of a temporary storage unit. The permit cost is twenty-five dollars ($25.00). A temporary storage structure may be installed for a period not to exceed seventy-two (72) hours. CONSIDERATIONS: Tim and Mike Green, partners of P.O.D. S. (Portable On Demand Storage units) met with the City Manager and Staff recently and requested some relief from the regulations. At that time, some possible solutions were discussed; • Refunding a portion of the permit fee if the storage unit is removed within 24 hours. JANUARY 14, 2002 REGULAR AGENDA ITEM J Page 2 • Waiving an additional permit fee if the storage unit is involved in a relocation situation within the City of Winter Springs. • Considering an escrow arrangement for permit fees. At the November 26, 2001 City Commission meeting, this agenda item was tabled pending a decision from Seminole County court on outstanding citations. An agreement was reached prior to hearing to allow P.O.D.S. to pay the actual citation costs and enter a plea of "no contest". STAFF RECOMMENDATION: Staff recommends the City Commission remove this item from the table and consider directing Staff to amend the code to offer relief to this industry. ATTACHMENTS: A. Ordinance 2001-16 B. E-mail correspondence requesting item be heard COMMISSION ACTION: ATTACHMENT A CERTIFIED COF~' OFFICE OF THE CLERK \, CITY OF WINTER SPRINGS, Fi BY' ORDINANCE NO. 2001-16 1 ~~ 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 fords 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 strii~eotxt type indicates deletions): Section 6-59. Temporary Storage Structures City of Winter Springs Ordinance No. 2001-t6 Page 1 of 4 ~ 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 temporarv storage structure shall obtain a permit issued by the building department prior to supplying and installing or allowin to be installed a temnorarv storage structure within the City 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 Cites, 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 temporarv 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 temporarv storage structure by rovidin 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 temporarv storage structure shall be immediately removed b 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 tempora 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 For good cause shown by the owner of the property at which the temporar.,y 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 20G1, PAUL PAF_T Y'KA Mayor A T: ANDRE NZO-LUACE,S City Clerk Approv_ as to legal form and sufficiency for t ty of~ i e/r Springs only `F 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 ATTACHMENT B From: Tim GREENE [timpodsti~msn.com] Sent: Wednesday, January 02, 2002 6:16 PM To: Jimette Cook Subject: 01-14-02 city commission meeting Ms Cook, If possible please help facilitate getting the temporary storage ordinance placed back on the upcoming City Commission agenda. I believe the City Commission tabled the agenda item pending the outcome of litigation. Since this issue has been resolved we hope our concerns can now be heard before the Commission. Thank you for your help. Tim Greene 407-948-5390