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Home My WebLink AboutSupplement No. 70: 08-2005 CODE County of ST. LUCIE, FLORIDA SUPPLEMENT NO. 70 August 2005 Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 05-031, enacted August 2, 2005. See the Code Disposition Table for further information. Remove old pages ix-xiv Checklist of up-to-date pages 285-288 296.11, 296.12 313-320 375, 376 443-446 471 621-627 1035-1036.1 1075-1078 3752.9 3827-3833 3849, 3850 3857-3866 3871-3874.1 3877, 3878 3880.1 3887, 3888 Insert new pages ix-xiv Checklist of up-to-date pages (following Table of Contents) 285-288 296.11-296.15 313-317 375, 376 443-446 471, 472 485-513 621-627 1035-1036.1 1075-1078 3752.9, 3752.10 3827-3833 3849, 3850 3857-38662 3871-38742 3877, 3878 3880.1 3887, 3888 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 Page Officials of County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii Preface ..................................................... v Adopting Ordinance ......................................... vii Checklist of Up-to-Date Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [1] PAR,T I CODE OF ORDINANCES ~ Chapter 1-1 General Provisions .. ................................... 1 1-2 Administration ......................................... 55 Art. I. In General ................................... 55 Art. II. Officers and Employees . . . . . . . . . . . . . . . . . . . . . . 57 Art. III. Code Enforcement Board . . . . . . . . . . . . . . . . . . . . 59 Art. IV. Purchasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.3 Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.3 Div. 2. Competitive Purchase Bidding . . . . . . . . . . . . 66.4 Div. 3. Design-Build Contracts . . . . . . . . . . . . . . . . . . . 66.5 Art. V. Lobbyist Registration and Reporting . . . . . . . . . . 68 Art. VI. Criminal History Record Checks . . . . . . . . . . . . . 70.1 1-2.3 Airports and Aircraft .................................. 71 Art. I. In General ................................... 71 Art. II. Regulation of Vehicular ~affic and Parking ... 73 1-2.5 Alarm Systems ....................................... 83 1-3 Alcoholic Beverages ..................................... 107 Art. I. In General ................................... 107 Art. II. Regulation of Open Containers . . . . . . . . . . . . . . . 108 Art. III. Specified Sexual Activities in Commercial Es- tablishments ............................... 109 1-4 Animals and Fowl ...................................... 157 Art. I. In General ................................... 157 Art. II. Animal Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 1-4.5 Art .................................................. Art. I Art in Public Places 168.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 168.1 1-5 Boating ................................................ Art. I. Vessel Control and Water Safety . . . . . . . . . . . . . . 171 171 1-5.5 Cable Television Franchise Ordinance . . . . . . . . . . . . . . . . . . 181 1-6 Children ............................................... 261 Art. I. In General ................................... 261 Art. II. Parental Neglect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 Supp. No. 70 ~ ST. LUCIE COLTNTY CODE Chapter Page Art. III. Children's Services . . . . . . . . . . . . . . . . . . . . . . . . . 262 Art. IV. Merchandising of Tobacco Products. . . . . . . . . . . 267 1-6.3 Civil Defense and Emergency Management . . . . . . . . . . . . . 269 Art. I. Reserved .................................... 269 Art. II. Reserved ................................... 269 Art. III. Reserved ................................... 269 Art. IV. Prohibitions on Price Gouging During Emergen- cies ........................................ 269 1-6.5 Community Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 Art. I. In General ................................... 285 Art. II. Pine Valley Community Development District . 285 Art. III. Lake Lucie Community Development District 287 Art. IV. Reserve Community Development District .... 288 Art. V. Educational Facilities Impact Fee . . . . . . . . . . . . . 289 Art. VI. Reserve Community Development District #2 . 294 Art. VII. Westchester Community Development Dis- trict No. 1 ................................. 295 Art. VIII. Westchester Community Development Dis- trict No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296.1 Art. IX. Westchester Community Development District No. 3 ...................................... 296.4 Art. X. Westchester Community Development District No. 4 ....................................... 296.6 Art. XI. Reserved ................................... 296.8 Art. XII. Reserved .................................. 296.9 Art. XIII. Portofino Shores Community Development District ................................... 296.9 Art. XIV. Creekside Community Development District. 296.13 1-6.8 Contractors .......................................... 297 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 Art. II. Unlicensed Contractors Enforcement Proce- dures ....................................... 297 1-7 Courts ................................................. 313 Art. I. In General ................................... 313 Art. II. Alcohol and Other Drug Abuse Trust Fund .... 317 Art. III. Driver Education Safety ~ust Fund . . . . . . . . . 322 1-7.5 Drainage and Erosion Control . . . . . . . . . . . . . . . . . . . . . . . . . 337 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 Art. II. St. Lucie River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 1-7.6 Environmental Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347 Art. I. In General ................................... 347 Art. II. Marine Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . 347 Art. III. On-Site Sewage Disposal Systems on Hutchinson Island .......................... 351 1-7.8 Firearms ............................................. 371 Supp. No. 70 g TABLE OF CONTENTS-Cont'd. Chapter Page 1-7.9 Fire Protection ....................................... 373 Art. I. Fire/EMS Protection Impact Fee . . . . . . . . . . . . . . 373 1-8 Fish and Game ......................................... 382.7 1-8.5 Reserved ............................................. 383 1-9 Garbage,~ash and Refuse .............................. 421 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421 Art. II. Abandoned Property, Garbage,l4~ash, Junk and Debris ...................................... 422 Art. III. Garbage and 14~ash Collection . . . . . . . . . . . . . . . 426 Art. IV. Mandatory Disposal . . . . . . . . . . . . . . . . . . . . . . . . . 433 Art. V. Collection of Solid Waste and Recyclable Mate- rials ........................................ 437 Div. 1. Generally ............................... 437 Div. 2. Mandatory Collection of Solid Waste ...... 443 Div. 3. Solid Waste Collection Service Agreements. 445 1-10 Health and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . 465 . . . . . . . Art. I. In General .......................... 465 ......... Art. II. Sludge, Septage and Sewage Disposal. ........ 465 Art. III. Sewage Disposal Capacity . . . . . . . . . . . . . . . . . . . 469 Art. N St. Lucie County Cross Connection Control Policy ...................................... 470 1-102 Historic Preservation ........................ 485 ........ Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. II. Historic Preservation Officer . . . . . . . . . . . . . . . . . 485 491 Art. III. Historic Preservation Committee . . . . . . . . . . . . 492 Art. IV. Designation Process and Procedure. . . . . . . . . . . 496 Art. V. Certificate of Appropriateness . . . . . . . . . . . . . . . . 502 Art. VI. Certificate to Dig . . . . . . . . . . . . . . . . . . . . . . . . . . . 509 Art. VII. Appeals ................................... 510 Art. VIII. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 511 Art. IX. Incentives .................................. 511 1-10.5 Housing.. .................................. 515 Art. I. In General ................................... 515 Art. II. Housing Finance Authority . . . . . . . . . . . . . . . . . . 515 Art. III. Fair Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516 Art. IV. State Housing Initiatives Partnership Program 522 1-11 Library. .................................. 565 Art. I. In General ................................... 565 Art. II. Libraries Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . 567 1-12 Licenses, Permits and Miscellaneous Business Regulations 617 Art. I. In General ................................... 617 Art. II. Occupational License Taxes and Regulations .. 617 1-12.5 Life Support Services ................................ 659 1-13 Reserved ............................................. 689 Supp. No. 70 ~ ST. LUCIE COUNTY CODE Chapter Page 1-13.3 Motor Carriers ...................................... 697 Art. I. In General ................................... 697 Art. II. Licensure ................................... 697 1-13.5 Municipal Service Taxing or Benefit Units . . . . . . . . . . . . . 715 1-13.8 Noise Control ....................................... 729 1-14 Offenses and Miscellaneous Provisions . . . . . . . . . . . . . . . . . . 739 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 739 Art. II. Regulation of Distribution of Comxnercial Hand- bills ........................................ 740 Art. III. Motor Vehicle Title Loans . . . . . . . . . . . . . . . . . . . 742 1-14.5 Officers and Employees .............................. 763 Art. I. In General ................................... 763 Art. II. Deferred Compensation Program . . . . . . . . . . . . . 763 1-15 Parks and Recreation .................................. 789 Art. I. In General ................................... 789 Art. II. Regulations for Properties and Facilities Owned or Leased by County ......................... 790 Art. III. Parks Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . . . 7942 1-16 Planning ............................................. 849 Art. I. In General ................................... 849 Art. II. Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . 849 Art. III. Historical Commission . . . . . . . . . . . . . . . . . . . . . . 851 Art. IV. Reserved ................................... 854 Art. V. Reserved .................................... 854 1-162 Public Property ...................................... 855 Art. I. Disposition of Surplus Real Property . . . . . . . . . . 855 1-16.3 Public Buildings ..................................... 857 Art. I. In General ................................... 857 Art. II. Public Buildings Impact Fee . . . . . . . . . . . . . . . . . 857 1-16.5 Railroads ........................................... 879 1-17 Roads and Bridges .................................... 903 Art. I. In General ................................... 903 Art. II. Special Improvement Service District . . . . . . . . . 903 Art. III. Roads Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . . . 907 Art. IV. Building and Equipment Moving . . . . . . . . . . . . . 924.8 Art. V. Street and House Naming and Numbering .... 927 Art. VI. Reserved ................................... 930 1-18 Sheriff ................................................ 957 Art. I. In General ................................... 957 Art. II. Law Enforcement Impact Fee . . . . . . . . . . . . . . . . 958 1-19 Reserved ............................................. 1005 1-19.3 Taxation ............................................ 1035 Art. I. In General ................................... 1035 Supp. No. 70 Xii TABLE OF CONTENTS-Cont'd. Chapter Page Art. Art. II. Reserved ................................... III. Tourist Development Tax 1035 . . . . . . . . . . . . . . . . . . . . 1035 Art. IV. Local Option Motor Fuel Tax . . . . . . . . . . . . . . . . 1039 Art. V. Economic Development Ad Valorem T~ Exemp- tions ................................. 1040 Art. ....... VI. Discretionary Sales Surt~ . . . . . . . . . . . . . . . . . . 1045 Art. VII. Ninth Cent Gas Tax . . . . . . . . . . . . . . . . . . . . . . . . 1047 Art. VIII. Homestead Exemption for Persons 65 and Older .................................... 1047 1-19.5 Tourism ............................................. Art I In General 1049 . . ................................... 1049 Art. II. St. Lucie County Tourist Development Council 1049 1-20 ~affic ................................................ 1065 Art. I. In General ................................... 1065 Art. II. Stopping, Standing and Parking . . . . . . . . . . . . . . 1069 Div. 1. Generally ............................... 1069 Div. 2. Handicapped, Fire Lanes, Properties Owned or Leased by County, Road Rights-of-Way Owned or Leased by State, Parking Prohib- ited ..................................... 1075 Div. 3. Restrictions on Heavy Vehicles and Equip- ment in Residential Districts . . . . . . . . . . . . . 1078 Art. III. Bicycle Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1082 1-20.5 Water and Sewer .................................... 1095 Art. I. Regulation of Water and Sewer Utilities ....... 1095 Art. II. Water Shortage Plan . . . . . . . . . . . . . . . . . . . . . . . . 1096 Art. III. Fluoridation of Water Systems . . . . . . . . . . . . . . 1113 Art. IV. Uniform Water and Sewer Service Policy ..... 1113 1-21 Welfare ............................................... 1127 Appendix A. Reserved .............................................. 1615 B. Reserved .............................................. 1987 PART II COMPILED LAWS 2-1 Administration ......................................... 2231 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2231 Art. II. County Administrator . . . . . . . . . . . . . . . . . . . . . . . 2236 Art. III. Officers and Employees . . . . . . . . . . . . . . . . . . . . . 2236 2-2 Advertising ............................................ 2287 2-3 Animals and Fowl ...................................... 2337 Art. I. In General ................................... 2337 Art. II. Dogs ....................................... 2337 Supp. No. 70 Xlli ST. LUCIE COLTNTY CODE Chapter Page Art. III. Animal Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2338 2-4 Boats and Waterways ................................... 2389 2-5 Buildings and Building Regulations . . . . . . . . . . . . . . . . . . . . . . 2439 Art. I. Licensing and Exaxnination of Construction Con- tractors ..................................... 2439 Art. II. Reserved ................................... 2459 Art. III. Unsafe Buildings and Structures . . . . . . . . . . . . 2459 2-6 Drainage and Erosion Control ........................... 2501 Art. I. In General ................................... 2501 Art. II. St. Lucie County Erosion District . . . . . . . . . . . . . 2502 2-6.5 Environmental Control ................................ 2535 2-7 Fish and Game ......................................... 2563 2-8 Garbage, Trash and Refuse .............................. 2615 2-9 Health and Sanitation .................................. 2671 Art. I. In General ................................... 2671 Art. II. St. Lucie County Mosquito Control District. ... 2672 2-10 Libraries ............................................. 2735 Art. I. In General ................................... 2735 Art. II. Law ........................................ 2736 2-11 Offenses and Miscellaneous Provisions . . . . . . . . . . . . . . . . . . 2787 2-12 Parks and Recreation .................................. 2837 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2837 Art. II. Beach Preservation Act . . . . . . . . . . . . . . . . . . . . . . 2837 2-13 Peddlers and Hawkers ................................. 2895 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2895 Art. II. Permits ..................................... 2895 2-14 Planning ............................................. 2947 Art. I. In General ................................... 2947 Art. II. Subdivision Regulations . . . . . . . . . . . . . . . . . . . . . 2947 Art. III. Zoning and Building Regulations . . . . . . . . . . . . 2949 2-15 Reserved ............................................. 3005 2-16 Public Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3063 Art. I. In General ................................... 3063 Art. II. Street Lighting Districts . . . . . . . . . . . . . . . . . . . . . 3063 2-17 Water ................................................ 3119 2-18 Welfare ............................................... 3169 Code Comparative Table-Resolutions . . . . . . . . . . . . . . . . . . . . . . . . 3671 Code Disposition Table-Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . 3723 Supp. No. 70 XiV TABLE OF CONTENTS-Cont'd. Page Statutory Reference Table .................................... 3827 Code Index ................................................. 3849 Supp. No. 70 ~ Checklist of Up-to-Date Pages (This 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. ~tle page OC 75, 76 26 iii OC 77, 78 24 ~, ~ OC 79, 80 24 vii, viii OC 83, 84 55 ix, x 70 85, 86 55 ~, ~i 70 87, 88 55 xiii, xiv 70 89, 90 55 1, 2 OC 91, 92 55 3, 4 OC 107, 108 32 55, 56 64 109 32 57, 58 61 111, 112 19 58.1 61 113, 114 19 59, 60 66 115 lg 61, 62 66 157, 158 41 63, 64 66 159, 160 66 65, 66 66 160.1 66 66.1, 662 66 161, 162 38 66.3, 66.4 66 163, 164 41 66.5, 66.6 66 165, 166 41 67, 68 30 167, 168 55 69, 70 64 168.1, 1682 62 70.1, 70.2 64 169 62 71, 72 24 170.1, 170.2 ~g 73, 74 24 170.3 56 Supp. No. 70 [j] ST. LUCIE COUNTY CODE Page No. Supp. No. Page No. Supp. No. 171, 172 52 296.7, 296.8 63 173, 174 52 296.9, 296.10 63 175, 176 52 296.11, 296.12 70 177 52 296.13, 296.14 70 181, 182 51 296.15 70 183, 184 51 297, 298 39 185, 186 51 299, 300 39 187, 188 51 301, 302 39 189, 190 51 303, 304 39 191, 192 51 305 42 193, 194 51 313, 314 70 195, 196 51 315, 316 70 197, 198 51 317 70 199, 200 51 321, 322 61 201, 202 51 323 61 203, 204 51 337, 338 20 205, 206 51 339 20 207, 208 51 347, 348 34 209, 210 51 349, 350 34 211, 212 51 351, 352 34 213, 214 51 353 34 215, 216 51 371 25 217, 218 51 373, 374 56 219 51 375, 376 70 221, 222 49 377, 378 56 223, 224 49 379, 380 56 225 49 380.1, 3802 56 261, 262 58 380.3, 380.4 56 263, 264 58 380.5, 380.6 57 265, 266 58 380.7, 380.8 66 267, 268 59 380.9, 380.10 66 269, 270 59 381 56 271, 272 59 383 29 285, 286 70 421, 422 51 287, 288 70 422.1 51 288.1 63 423, 424 44 289, 290 67 425, 426 44 291, 292 67 427 44 293, 294 67 431, 432 29 294.1, 2942 67 433, 434 66 295, 296 60 435, 436 66 296.1, 2962 60 437, 438 66 296.3, 296.4 60 439, 440 66 296.5, 296.6 60 441, 442 66 Supp. No. 70 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 443, 444 70 663, 664 43 445, 446 70 665, 666 43 465, 466 44 667, 668 43 467, 468 44 669, 670 43 469, 470 44 671, 672 43 471, 472 70 689 29 485, 486 70 697, 698 44 487, 488 70 699, 700 44 489, 490 70 701, 702 44 491, 492 70 703, 704 44 493, 494 70 705, 706 44 495, 496 70 707, 708 44 497, 498 70 715, 716 44 499, 500 70 717, 718 49 501, 502 70 719, 720 49 503, 504 70 721, 722 51 505, 506 70 723, 724 49 507, 508 70 725, 726 49 509, 510 70 729, 730 62 511, 512 513 70 70 731, 732 733, 734 67 67 515, 516 35 735, 736 64 517, 518 32 739, 740 55 519, 520 32 741, 742 56 521, 522 35 763, 764 g 523, 524 35 789, 790 6g 565, 566 57 791, 792 68 567, 568 57 793, 794 68 569, 570 56 794.1, 7942 6g 570.1 56 795, 796 56 571, 572 42 797, 798 56 573, 574 56 798.1 56 575, 576 42 799, 800 42 577, 578 56 801, 802 56 579, 580 57 803, 804 42 581, 582 42 805, 806 56 617, 618 57 807, 808 57 619, 620 57 809, 810 42 621, 622 70 849, 850 2g 623, 624 70 851, 852 gg 625, 626 70 853, 854 gg 627 70 855, 856 61 659, 660 43 856.1 61 661, 662 43 857, 858 56 Supp. No. 70 [3] ST. LUCIE COUNTY CODE Page No. Supp. No. Page No. Supp. No. 859, 860 56 1043, 1044 59 861, 862 56 1044.1 59 863, 864 42 1045, 1046 49 865, 866 56 1047, 1048 63 867, 868 42 1049, 1050 47 869, 870 42 1065, 1066 46 871, 872 57 1066.1 46 873 42 1067,1068 34 879 20 1069,1070 69 903, 904 56 1071, 1072 69 905, 906 56 1072.1, 10722 69 907, 908 56 1073, 1074 34 909, 910 56 1075, 1076 70 911, 912 56 1077, 1078 70 913, 914 56 1079, 1080 32 915, 916 56 1081, 1082 46 917, 918 56 1095, 1096 56 919, 920 57 1097, 1098 55 921, 922 41 1113, 1114 30 923 56 1127 OC 924.1, 9242 34 1615 29 924.3, 924.4 34 1987 29 924.5, 924.6 34 2231, 2232 OC 924.7, 924.8 56 2233, 2234 OC 924.9, 924.10 56 2235, 2236 10 925, 926 17 2237 10 927, 928 17 2287 OC 929, 930 29 2337, 2338 15 957, 958 68 2339 15 959, 960 68 2389 OC 961, 962 68 2439, 2440 44 963, 964 68 2441, 2442 44 965, 966 68 2443, 2444 53 967, 968 68 2445, 2446 55 969, 970 68 2446.1 55 971, 972 68 2447, 2448 44 973 68 2449,2450 44 1005 29 2451,2452 44 1035, 1036 70 2453, 2454 44 1036.1 70 2455, 2456 44 1037, 1038 34 2457, 2458 44 1039, 1040 68 2459, 2460 44 1040.1 51 2461, 2462 44 1041, 1042 34 2501, 2502 53 Supp. No. 70 [4] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2503, 2504 53 3725, 3726 OC 2505, 2506 53 3727, 3728 1 2507, 2508 53 3729, 3730 10 2509, 2510 53 3731, 3732 14 2511, 2512 53 3733, 3734 14 2513, 2514 53 3735, 3736 19 2515 53 3737,3738 1g 2535, 2536 12 3739, 3740 2'7 2537, 2538 12 3741, 3742 27 2539, 2540 12 3743, 3744 2g 2541, 2542 12 3745, 3746 29 2543 12 3747,3748 30 2563, 2564 OC 3749, 3750 35 2615, 2616 OC 3751, 3752 51 2617, 2618 OC 3752.1, 37522 55 2619, 2620 OC 3752.3, 3752.4 57 2621 OC 3752.5, 3752.6 59 2671, 2672 66 3752.7, 3752.8 67 2673, 2674 66 3752.9, 3752.10 70 2675, 2676 66 3753, 3754 OC 2677, 2678 66 3755, 3756 OC 2679, 2680 66 3757, 3758 OC 2735, 2736 53 3759, 3760 OC 2737 53 3761, 3762 OC 2787 25 3763, 3764 OC 2837, 2838 OC 3765, 3766 OC 2839, 2840 OC 3767, 3768 53 2841, 2842 OC 3769, 3770 OC 2843, 2844 OC 3771, 3772 53 2895, 2896 OC 3773, 3774 53 2897 OC 3775, 3776 53 2947, 2948 OC 3777, 3778 66 2949, 2950 44 3827, 3828 7p 2951, 2952 OC 3829, 3830 7p 2953, 2954 OC 3831, 3832 ~p 3005 53 3833 70 3063, 3064 OC 3849, 3850 7p 3065, 3066 OC 3851, 3852 57 3067, 3068 OC 3853, 3854 59 3119 OC 3855, 3856 59 3169, 3170 OC 3857, 3858 7p 3671, 3672 OC 3859, 3860 7p 36'73 5 3861, 3862 7p 3723, 3724 OC 3863, 3864 7p Supp. No. 70 [5] ST. LUCIE COUNTY CODE Page No. Supp. No. 3865, 3866 70 3866.1, 38662 70 3867, 3868 66 3869, 3870 66 3871, 3872 70 3873, 3874 70 3874.1, 38742 70 3875, 3876 57 3877, 3878 70 3879, 3880 64 3880.1 70 3881, 3882 57 3883, 3884 57 3885, 3886 64 3887, 3888 70 3888.1 68 3889, 3890 63 3890.1 63 3891, 3892 61 3893, 3894 65 3895 65 Supp. No. 70 [6] Chapter 1-6.5 COMMUrTITY DEVELOPMENT* Art. I. In General, §§ 1-6.5-1-1-6.5-20 Art. II. Pine Valley Community Development District, §§ 1-6.5-21-1-6.5-30 Art. III. Lake Lucie Community Development District, §§ 1-1-6.5-31-1-6.5-34 Art. IV. Reserve Community Development District, §§ 1-6.5-35-1-6.5-50 Art. V. Educational Facilities Impact Fee, §§ 1-6.5-51-1-6.5-69 Art. VI. Reserve Community Development District #2, §§ 1-6.5-70-1-6.5-79 Art. VII. Westchester Community Development District No. 1, §§ 1-6.5-80-1-6.5-89 Art. VIII. Westchester Community Development District No. 2, §§ 1-6.5-90-1-6.5-99 Art. IX. Westchester Community Development District No. 3, §§ 1-6.5-100-1-6.5- 109 Art. X. Westchester Community Development District No. 4, §§ 1-6.5-110-1.6.5- 119 Art. XI. Reserved, §§ 1-6.5-120-1-6.5-129 Art. XII. Reserved, §§ 1-6.5-130-1-6.5-139 Art. XIII. Portofino Shores Community Development District, §§ 1-6.5-140-1-6.5- 149 Art. XIV. Creekside Community Development District, §§ 1-6.5-150-1-6.5-159 ARTICLE I. IN GENERAL Secs. 1-6.5-1-1-6.5-20. Reserved. AR,TICLE II. PINE VALLEY COMMiJNITY DEVELOPMENT DISTRICT-~ Sec. 1-6.5-21. Authority. This article is adopted pursuant to section 125.01 and section 190.005, Florida Statutes, and other applicable provisions of law. (Ord. No. 82-2, § 1, 3-2-82) Sec. 1-6.5-22. Established; boundaries. The Fine Valley Community Development District is herewith established within the following described external boundaries: (a) Parcel I: Begin at a concrete monument at the northeast corner of Section 22, Township 36 South, Range 39 East, St. Lucie County, Florida; thence run north 89 degrees 45 minutes 43 seconds west along the north line of said Section 22 a distance of 100 feet to the point of beginning; thence run south 00 degrees 30 minutes 04 seconds west *Cross reference-Planning generally, Ch. 1-16. '~Editor's note-Ord. No. 82-2, §§ 1, 2, 4, 5, adopted Mar. 2, 1982, not specifically amendatory of the Code, has been included as §§ 1-6.5-21-1-6.5-24 at the discretion of the editor. Supp. No. 70 285 § 1-6.5-22 ST. LUCIE COUNTY CODE parallel with the east line of said Section 22 a distance of 5303.80 feet to the south line of said Section 22; thence run south 89 degrees 42 minutes 53 seconds west along the south line of said Section 22 a distance of 1410.13 feet; thence run north 43 degrees 08 minutes 26 seconds west parallel with the northeasterly right-of-way line of South Florida Water Management District Canal No. C-24 a distance of 5542.54 feet to the west line of said Section 22; thence run north 00 degrees 37 minutes 26 seconds east along the said west line of Section 22 a distance of 252.39 feet to the southeasterly line of the Florida Power and Light Company easement; thence run north 44 degrees 45 minutes 58 seconds east along the said southeasterly line of the Florida Power and Light Company easement a distance of 1467.56 feet to the said north line of Section 22; thence run south 89 degrees 23 minutes 26 seconds east along the said north line of Section 22 a distance of 1617.14 feet; thence run south 89 degrees 45 minutes 43 seconds east along the said north line of Section 22 a distance of 2593.17 feet to the point of beginning, all lying and being in Section 22, Township 36 South, Range 39 East, St. Lucie County, Florida, and containing 450.0089 acres, more or less. (b) P¢rcel IL• Begin at the northwest corner of Section 22, Township 36 South, Range 39 East, St. Lucie County, Florida; thence run south 00 degrees 37 xninutes 26 seconds west, along the west line of said Section 22, a distance of 1,305.27 feet, to the point of beginning; thence run south 43 degrees 08 minutes 26 seconds east, a distance of 1,068.41 feet, to a point on curvature of a curve concave to the southwest; thence run northwesterly, along the said curve, having an interior angle of 7 degrees 43 minutes 13 seconds, a radius of 1,452.65 feet, and an arc length of 195.73 feet, to a point of reverse curvature of a curve concave to the northeast; thence run northwesterly, along said curve, having an interior angle of 19 degrees 33 minutes 50 seconds, a radius of 1,68125 feet, and an arc length of 574.07 feet, to the point of tangency of said curve; thence run north 43 degrees 08 minutes 26 seconds west, a distance of 168.65 feet, to the point of curvature of a curve concave to the northeast; thence run northwesterly, along the said curve, having an interior angle of 22 degrees 00 minutes 00 seconds, a radius of 813.94 feet, and an arc length of 312.53 feet, to the point of reverse curvature of a curve concave to the southwest; thence run northwesterly, along the said curve, having an interior angle of 41 degrees 05 minutes 36 seconds, a radius of 328.78 feet, and an arc length of 235.81 feet, to the point of tangency of said curve; thence run north 62 degrees 4 minutes 02 seconds west, a distance of 265.77 feet, to the point of curvature of a curve concave to the northeast; thence run northwesterly, along the said curve, having an interior angle of 17 degrees 00 minutes 00 seconds, a radius of 1,168.48 feet, and an arc length of 346.69 feet, to the point of tangency of said curve, said point being on the southeasterly right-of-way of the Florida East Coast Railroad; thence run north 44 degrees 45 minutes 58 seconds east along the said southeasterly right-of-way, a distance of 100.00 feet to the point of curvature of a curve concave to the northeast; thence run southeasterly, along the said curve, having an interior angle of 17 degrees 00 minutes 00 seconds, a radius of 1,068.48 feet, an arc length of 317.02 feet, to the point of tangency of said curve; thence run south 62 degrees 14 minutes 02 seconds east, a distance of 265.77 feet, to the point of curvature of a curve concave to Supp. No. 70 286 COMMUNITY DEVELOPMENT § 1-6.5-32 the southwest; thence run southeast, along the said curve, having an interior angle of 41 degrees 05 minutes 36 seconds, a radius of 428.78 feet, and an arc length of 307.53 feet, to the point of reverse curvature of a curve concave to the northeast; thence run southeasterly, along the said curve, having an interior angle of 13 degrees 36 minutes 02 seconds, a radius of 713.94 feet, and an arc length of 169.47 feet, to a point on the said west line of Section 22; thence run north 00 degrees 37 minutes 26 seconds east, a distance of 61.22 feet, to the point of beginning; all lying and being in Sections 21 and 22, Township 36 South, Range 39 East, St. Lucie County, Florida. Saving and reserving unto Callaway Land and Cattle Company, a Florida corporation, for the benefit of other lands owned by it, a nonexclusive right-of-way and easement for ingress and egress to and from Glades Cut-Off Road over and upon the roadway constructed, or to be constructed, over and upon Parcel II above described. (Ord. No. 82-2, § 2, 3-2-82) Sec. 1-6.5-23. Name. The community development district shall henceforth be known as Pine Valley Community Development District. (Ord. No. 82-2, § 4, 3-2-82) Sec. 1-6.5-24. Governance by Florida Statutes. The Pine Valley Community Development District shall be governed by the provisions of Chapter 190, Florida Statutes, and St. Lucie County shall not adopt any ordinance which will expand, modify or delete any of the provisions set forth within Chapter 190, Florida Statutes. (Ord. No. 82-2, § 5, 3-2-82) Secs. 1-6.5-25-1-6.5-30. Reserved. AR,TICLE III. LAKE LUCIE COMMU1VITy DEVELOPMENT DISTRICT~ Sec. 1-6.5-31. Established. The Lake Lucie Community Development District is hereby established. (Ord. No. 89-32, Pt. A, 3-21-89) Sec. 1-6.5-32. Boundaries. The boundaries of the Lake Lucie Community Development District are as set forth in the legal description contained in the amended Exhibit A, attached to Ordinance No. 93-20. (Ord. No. 89-32, Pt. A, 3-21-89; Ord. No. 89-46, Pt. 1, 8-22-89; Ord. No. 93-20, Pt. A, 7-27-93) Editor's note-The document referred to as Exhibit A, attached to Ord. No. 93-20, is not printed herein, but is on file and available for reference in the offices of the county. *State law reference-Authority of board of county commissioners to establish commu- nity development districts less than one thousand acres in size, F.S. §§ 125.01, 190.005. Supp. No. 70 287 § 1-6.5-33 ST. LUCIE COLTNTY CODE Sec. 1-6.5-33. Initial board of supervisors. The following five (5) persons are designated as the initial members of the board of supervisors of the Lake Lucie Community Development District: Richard Caster, John Shortridge, William Center, Maurice D. Snyder, and Susan Bagby. (Ord. No. 89-32, Pt. A, 3-21-89) Sec. 1-6.5-34. Special conditions. The following special conditions shall apply to the creation, operation, and existence of the Lake Lucie Community Development District: (1) The district will connect its sewer and water collection and distribution lines with those of any publicly owned regional facility providing centralized sewer and water services, and will dedicate or convey, without cost, to the county or such entity as the board of county commissioners directs, all district-owned sewer and water collection and distribution lines and lift stations, upon request of the board, provided that: a. Concurrently with such requested connection and dedication or conveyance fully permitted sewer and water services are available to the district from a regional facility, and b. By such dedication or conveyance the district will not be in default of or breach or abrogate any bond covenant, revenue pledge, or other contractual obligation. Prior to construction of the sewer and water systems, the district will cooperate with the county and design the systems to facilitate interconnection with any regional water and sewer service or facility once such service becomes available in the district. (2) If the district develops and constructs central sewer and water facilities and provides such services within the district boundaries, any nondistrict property constituting an enclave of the district shall be afforded the opportunity to receive such services at a rate or rates not greater than the fully allocated costs of providing such services. (3) The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one (1) functional interrelated community. (Ord. No. 89-32, Pt. A, 3-21-89) ARTICLE IV. RESERVE COMMU1vITY DEVELOPMENT DISTRICT* Sec. 1-6.5-35. Established; name. The Reserve Community Development District is hereby established. (Ord. No. 92-09, Pt. A, 2-11-92) *Editor's note-Part A of Ord. No. 92-09, adopted Feb. 11, 1992, enacted provisions to be designated as Art. III; inasmuch as there existed an Art. III, the editor has designated the new provisions as Art. N Supp. No. 70 288 COMMUNITY DEVELOPMENT § 1-6.5-143 Sec. 1-6.5-143. Special conditions. The following special conditions shall apply to the creation, operation, and existence of Portofino Shores Community Development District: (1) The powers and responsibilities of the Portofino Shores Community Development District shall be limited to the following: To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: a. Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges; b. Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system; c. Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut; d. 1. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. 2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking, improvements, and related signage; e. Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination; £ Conservation areas, mitigation areas, and wildlife habitat, including the main- tenance of any plant or animal species, and any related interest in real or personal property; g. Parks and facilities for indoor and outdoor recreational, cultural and educational uses; h. Fire prevention and control, including water mains and plugs, (but excluding fire stations, fire trucks and other vehicles and equipment); j. Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper govern- Supp. No. 70 296.11 § 1-6.5-143 ST. LUCIE COUNTY CODE mental agencies; except that the district may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries. (2) The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County. (3) No publicly owned property that may be located or acquired within the legal description of this community development district shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained, or operated by the community development described above. (4) The district shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the district. Such information shall be made available to all existing residents, and to all prospective residents, of the district. The district shall furnish each developer of a residential development within the district with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy, and any developer of a residential development within the district, when required by law to provide a public offering statement, shall include a copy of such information relating to the public financing and maintenance of improve- ments in the public offering statement. (5) Following the establishment of the Portofino Shores Community Development Dis- trict, as provided for in sections 1-6.5-140 and 1-6.5-141 above, each contract for the initial sale of a parcel of real property and each contract for the initial sale of a residential unit within the district shall include, immediately prior to the space reserved in the contract for the signature of the purchaser, the following disclosure statement in boldfaced and conspicuous type which is larger than the type in the remaining text of the contract: "THE (Name of District) COMMUNITY DEVELOP- MENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESS- MENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERUICES OF THE DISTRICT AND AR,E SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS AR,E IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." (Ord. No. 02-030, Pt. C, 12-17-2002) Secs. 1-6.5-144-1-6.5-149. Reserved. Supp. No. 70 296.12 COMMUNITY DEVELOPMENT § 1-6.5-153 ARTICLE XIV. CREEKSIDE COMMUIVITY DEVELOPMENT DISTRICT Sec. 1-6.5-150. Established; name. The Creekside Community Development District is hereby established. (Ord. No. 05-017, Pt. A, 6-7-2005) Sec. 1-6.5-151. Boundaries. The boundaries of the Creekside Community Development District are as set forth in the legal description contained in Exhibit "A" to Ordinance No. 05-017. (Ord. No. 05-017, Pt. A, 6-7-2005) Editor's note-The document referred to as Exhibit "A", attached to Ordinance No. 05-017, is not printed herein, but is on file and available for reference in the offices of the county. Sec. 1-6.5-152. Initial board of supervisors. The following five (5) persons are designated as the initial members of the Board of Supervisors of the Creekside Community Development District: Raul Puig, Michael Houston, David Sowerby, William R. Blazak and Tom Kindred, Jr. (Ord. No. 05-017, Pt. A, 6-7-2005) Sec. 1-6.5-153. Special conditions. The following special conditions shall apply to the creation, operation, and existence of Creekside Community Development District: (1) The exercise of the powers and responsibilities of the Creekside Community Develop- ment District shall be limited to the following: To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: a. Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges; b. Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system, provided that the district's exercise of power under F.S. § 190.012(1)(b), pertaining to water, wastewater and reuse water service is limited to construct- ing transmission and distribution lines. The district acknowledges that the county will provide water and wastewater service to the property. The district shall not construct or operate any plants or facilities to provide water or Supp. No. 70 296.13 § 1-6.5-153 ST. LUCIE COUNTY CODE wastewater capacity to the lands within the district or obtain service from third parties without the written consent of the county under such terms and conditions deemed appropriate by the county; c. Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankxnents, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut; d. 1. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. 2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage; e. Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination; £ Conservation areas, mitigation areas, and wildlife habitat, including the main- tenance of any plant or animal species, and any related interest in real or personal property; g. Parks and facilities for indoor and outdoor recreational, cultural and educational uses; h. Fire prevention and control, including water mains and plugs, (but excluding fire stations, fire trucks and other vehicles and equipment); i. School buildings and related structures, which may be leased, sold or donated to the school district, for use in the educational system, when authorized by the district school board; and, j. Security, including, but not lixnited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper govern- mental agencies; except that the district may not exercise any police power, but may contract with the appropriate local general purpose governmental agencies for an increased level of such services within the district boundaries. (2) The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one functional interrelated community. (3) The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County. Supp. No. 70 296.14 COMMUNITY DEVELOPMENT § 1.6.5-159 (4) No publicly owned property that may be located or acquired within the legal description of this community development district shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained, or operated by the community development district described in section 1-6.5-151 above. (5) The district shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the district. Such information shall be made available to all existing residents, and to all prospective residents, of the district. The district shall furnish each developer of a residential development within the district with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy, and any developer of a residential development within the district, when required by law to provide a public offering statement, shall include a copy of such information relating to the public financing and maintenance of improve- ments in the public offering statement. (6) Following the establishment of the Creekside CDD, as provided for in sections 1-6.5-150 and 1-6.5-151 above, each contract for the initial sale of a parcel of real property and each contract for the initial sale of a residential unit within the district shall include, immediately prior to the space reserved in the contract for the signature of the purchaser, the following disclosure statement in boldfaced and conspicuous type which is larger than the type in the remaining text of the contract: "THE (Name of District) COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY, THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND AR,E SET ANNUALLY BY THE GOVERN- ING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." (Ord. No. 05-017, Pt. A, 6-7-2005) Secs. 1-6.5-154-1.6.5-159. R.eserved. Supp. No. 70 296.15 Chapter 1-7 COUR,TS Art. I. In General, §§ 1-7-1-1-7-19 Art. II. Alcohol and Other Drug Abuse 1~ust Fund, §§ 1-7-20-1-7-29 Art. III. Driver Education Safety Trust Fund, §§ 1-7-30-1-7-33 ARTICLE I. IN GENERAI.* ~ Sec. 1-7-1. Additional costs for law enforcement training. Every court in the county created by Article V of the State Constitution shall assess four dollars and fifty cents ($4.50) pursuant to F.S. §§ 318.18(11)(c) and 938.15, to the three dollars ($3.00) assessed by F.S. § 938.01(1), as a court cost against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance or non-criminal infraction. However, no such assessment shall be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles. All such costs collected by the aforesaid courts shall be deposited in a special grant fund of the county to be used for law enforcement training expenditures by said county. (Ord. No. 04-022, Pt. A, 6-22-2004) Sec. 1-7-2. Assessment of additional court costs. (a) The court shall assess court costs of sixty-five dollars ($65.00) per case, in addition to any other authorized cost or fine, on every person who pleads guilty or nolo contendre to, or is found guilty of any felony, misdemeanor, or criminal traffic offense under state law. (b) The clerk of the circuit and county court ("clerk") shall collect the sixty-five dollar ($65.00) court costs assessed by the court and deposit those funds in a separate, designated account established by the clerk. The clerk shall release funds to the board upon request. (Ord. No. 04-022, Pt. A, 6-22-2004) Sec. 1-7-3. Allocation of additional court costs. The additional court costs imposed pursuant to section 1-7-2 of this Code shall be used only in St. Lucie County, to be allocated as follows: (1) ~venty-five (25) per cent of the amount collected shall be allocated to fund innovations to supplement state funding for the elements of the state courts system identified in F.S. § 29.004, and county funding for local requirements under F.S. § 29.008(2)(a)2. *Editor's note-Ord. No. 04-022, Pt. A, adopted June 22, 2004, amended Art. I in its entirety to read as herein set out. Former Art. I, §§ 1-7-1-1-7-13, pertained to similar subject matter. See the Code Disposition Table for full derivation. Supp. No. 70 313 § 1-7-3 ST. LUCIE COiJNTY CODE (2) ~venty-five (25) per cent of the amount collected shall be allocated to assist counties in providing legal aid programs required under F.S. § 29.008(3)(a). (3) Zt~venty-five (25) per cent of the amount collected shall be allocated to fund personnel and legal materials for the public as part of a law library. (4) 1~venty-five (25) per cent of the amount collected shall be used as determined by the board to support juvenile assessment centers, and other juvenile alternative programs. (Ord. No. 04-022, Pt. A, 6-22-2004; Ord. No. 05-026, Pt. A, 8-2-2005) Sec. 1-7-2. Assessment of additional court costs. (a) The court shall assess court costs of sixty-five dollars ($65.00) per case, in addition to any other authorized cost or fine, on every person who pleads guilty or nolo contendre to, or is found guilty of any felony, misdemeanor, or criminal traf~ic offense under state law. (b) The clerk of the circuit and county court ("clerk") shall collect the sixty-five dollar ($65.00) court costs assessed by the court and deposit those funds in a separate, designated account established by the clerk. The clerk shall release funds to the board upon request. (Ord. No. 04-022, Pt. A, 6-22-2004) Sec. 1-7-3. Allocation of additional court costs. The additional court costs imposed pursuant to section 1-7-2 of this Code shall be used only in St. Lucie County, to be allocated as follows: (1) 1t~venty-five (25) per cent of the amount collected shall be allocated to fund innovations to supplement state funding for the elements of the state courts system identified in F.S. § 29.004, and county funding for local requirements under F.S. § 29.008(2)(a)2. (2) ~venty-five (25) per cent of the amount collected shall be allocated to assist counties in providing legal aid programs required under F S. § 29.008(3)(a). (3) ~venty-five (25) per cent of the amount collected shall be allocated to fund personnel and legal materials for the public as part of a law library. (4) 1t~venty-five (25) per cent of the amount collected shall be used as determined by the board to support juvenile assessment centers, and other juvenile alternative programs. (Ord. No. 05-017, Pt. A, 6-7-2005; Ord. No. 05-026, Pt. A, 8-2-2005) Sec. 1-7-4. Quarterly reports required; priority; indigency. The board shall report the amount of funds collected pursuant to this section and itemized list of expenditures for all authorized programs and activities. The report, in a format developed by the Supreme Court, shall be submitted to the Governor, the Chief Financial Officer, the President of the Senate, and the Speaker of the House of Representatives on a quarterly basis beginning with the quarter ending September 30, 2004. Quarterly reports shall Supp. No. 70 314 COURTS § 1_7_g be submitted no later than thirty (30) days after the end of the quarter. Any unspent funds at the close of the county fiscal year allocated under subparagraphs (2), (3), and (4) of section 1-7-3, shall be transferred for use pursuant to subparagraph (1) of section 1-7-3. The disbursement of costs collected under this section shall be subordinate in priority order of disbursement to all other state-imposed costs, restitution or other compensation to victims, and child support payments. If a person is determined to be indigent, the clerk shall defer payment of this cost. (Ord. No. 04-022, Pt. A, 6-22-2004) Sec. 1-7-5. Disposition of law library funds. All additional costs collected for the law library shall be set aside by the clerk to be used exclusively for the establishment and maintenance of the county law library. At the end of each month, such clerk will turn over such funds so collected to the board of trustees of the county law library as provided in Chapter 57-1790, Laws of Florida as amended by Chapter 71-895, Laws of Florida. (Ord. No. 04-022, Pt. A, 6-22-2004) Sec. 1-7-6. Disposition of legal aid fund. All additional costs collected for the pro bono legal aid program shall be set aside by the clerk in a separate account to be used exclusively to fund the pro bono legal aid program under the supervision of the St. Lucie County Bar Association for the Nineteenth Judicial Circuit or its designee. (Ord. No. 04-022, Pt. A, 6-22-2004) Sec. 1-7-7. Civil traffic infraction fund. Effective November 1, 1999, there is created a separate fund titled "civil traffic infraction fund". All monies deposited in the fund by the clerk pursuant to administrative order shall be used to pay expenses of the civil traffic hearing officer program as approved by the chief judge of the Nineteenth Judicial Circuit pursuant to the budget for the program established by the board of county commissioners. (Ord. No. 04-022, Pt. A, 6-22-2004) Sec. 1-7-8. Imposition of surcharge for state court facilities. Pursuant to F.S. § 318.18(13), a court shall charge a surcharge of fifteen dollars ($15.00) for any non-criminal traffic infraction in St. Lucie County pursuant to F.S. Ch. 318, or for criminal violations in St. Lucie County listed in F.S. § 318.17, to assist in the cost of providing and maintaining state court facilities in St. Lucie County. When assessed, the funds will be paid to the clerk. The clerk will forward to the board on a monthly basis, those costs collected pursuant to F.S. § 318.18(13), for deposit of said funds into a special and separate account titled "Court Facilities Fund" as established in section 1-7-9 of the Code. (Ord. No. 04-024, 6-22-2004) Supp. No. 70 315 § 1-7-9 ST. LUCIE COLTNTY CODE Sec. 1-7-9. Disposition of state court facilities funds from the surcharge; accounting by clerk of the court. Court Facilities Fund - Surcharge: Seventy-five (75) per cent of all moneys collected from the surcharge imposed by section 1-7-8 shall be set aside by the clerk in a special and separate account titled "Court Facilities Fund" to be used exclusively for the construction, operation and maintenance of state court facilities as deterxnined by the board. Zt~venty-five (25) per cent of the moneys collected from the surcharge shall be set aside by the clerk in a special and separate account titled "Law Library Fund" to be used to support the Rupert J. Smith Law Library. The clerk in his capacity as accountant to the board shall provide to the board an annual financial report on the "Court Facilities Fund" outlining the amount of court costs collected, expenditures and earnings from the investment of said funds. (Ord. No. 04-024, 6-22-2004) Sec. 1-7-10. Assessment of court costs to be used for the operai,ion and administra- tion of teen court programs. (a) The court (both county and circuit) shall assess court costs of three dollars ($3.00) per case, in addition to any other authorized cost or fine, against every person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a violation of criminal law or a municipal or county ordinance, or who pays a fine or civil penalty for any violation of F.S. Ch. 316. Any person whose adjudication is withheld under F.S. § 318.14(9), shall also be assessed such cost. The assessment for court costs shall be assessed in addition to any fine or civil penalty or other court cost and may not be deducted from the proceeds of that portion of any fine or civil penalty that is received by a municipality in the county or by the county in accordance with F.S. §§ 316.660 and 31821. The assessment shall be specifically added to any civil penalty paid for a violation of F.S. Ch. 316, regardless of whether the penalty is paid by mail, paid in person without request for a hearing, or paid after hearing and determination by the court. However, the assessment may not be made against a person for a violation of any state law or municipal or county ordinance relating to the parking of vehicles, with the exception of the violation of the handicapped parking laws. (b) The clerk of the court shall collect the assessments for court costs collected pursuant to this section and shall remit the assessments to the teen court monthly, less five (5) per cent, which is to be retained as fee income of the office of the clerk of the circuit court. The teen court must account for all funds received under this section in a written report to the board by August 1 of each year. (Ord. No. 05-026, Pt. A, 8-2-2005) Editor's note-Ord. No. 05-026, Pt. A, adopted Aug. 2, 2005, set out provisions intended for use as § 1-7-8. Inasmuch as § 1-7-8 already exists in the Code, and at the editor's discretion, these provisions have been included as § 1-7-10. Secs. 1-7-11-1-7-19. Reserved. Supp. No. 70 316 COURTS § 1-7-21 ARTICLE II. ALCOHOL AND OTHER DRUG ABUSE TRUST FUND* Sec. 1-7-20. Authority for enactment of article. This article is enacted pursuant to the authority vested in the board of county commission- ers by virtue of F.S. Ch. 125, and F.S. §§ 893.13 and 893.165. (Ord. No. 89-03, Pt. A, 1-24-89) Sec. 1-?-21. De~nitions. For the purpose of this article, the following terms have only those meanings ascribed to them: *Editor's note-Ordinance No. 89-03, Pt. A, adopted Jan. 24, 1989, amended Ch. 1-7 by adding Art. I, §§ 1-7-20-1-7-23. In order to maintain Code format, the editor has designated §§ 1-7-1-1-7-19 as Art. I and §§ 1-7-20-1-7-23 as Art. II. Cross reference-Administration, Ch. 1-2. Supp. No. 70 ~~e next page is 321] 317 ~ FIRE PROTECTION § 1-7.9-6 (b) A"feepayer" is a person commencing a land development activity by applying for the issuance of a building permit or electrical permit for a mobile home park or recreational vehicle park or for a type of land development activity specified in section 1-7.9-6 of this article. (Ord. No. 00-003, Pt. A, 5-9-2000) Sec. 1-7.9-5. Imposition of fire/EMS protection impact fee. (a) Any person who, after the effective date of this article [Oct. 1. 2000], seeks to develop land by applying for the issuance of a building permit for one (1) of the land use types specified in section 1-7.9-6 of this article or an electrical permit for a mobile home park or recreational vehicle park shall be required to pay a fire/EMS protection impact fee in the manner and amount set forth in this article. Nothing in this article shall be deemed to eliminate the requirements of section 11.02.07 of the St. Lucie County Land Development Code. (b) No building permit for any land use types specified in section 1-7.9-6 of this article nor electrical permit for a mobile home park or recreational vehicle park shall be issued unless and until the fire/EMS protection impact fee hereby required has been paid as provided in section 1-7.9-7 of this article. (Ord. No. 00-003, Pt. A, 5-9-2000) Sec. 1-7.9-6. Computation of the amount of fire/EMS protection impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule: FIRE/EMS PROTECTION IMPACT FEE COUNTYWIDE ASSESSMENT LAND USE TYPE UNIT OF MEASURE IMPACT FEE ds o f 10 / Ol / 03* RESIDENTIAL Single-family Per unit $288.00 Mobile home/RV (MHP/R,V park only) Per unit 81.00 Multi-family (all types) Per unit 148.00 HoteUmotel Per room 223.00 Bed & breakfast residence (Does not include the primary residence single- family unit fee must also be assessed for the residential portion of use) Per room 223.00 All other residential Per unit 288.00 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft.2 125.00 Other office Per 1,000 sq. ft.2 125.00 RETAIL TRADE Supp. No. 70 375 § 1-7.9-6 ST. LUCIE COLTNTY CODE LAND USE TYPE UNIT OF MEASURE IMPACT FEE as of 10 / 01 / 03* RESIDENTIAL Under 100,000 sq. ft.2 Per 1,000 sq. ft.2 140.00 100,000--399,000 sq. ft.2 Per 1,000 sq. ft.2 140.00 400,000 sq. ft.2 and over Per 1,000 sq. ft.2 140.00 GASOLINE SERVICES Service station Per pump stat 140.00 INDUSTRIAL Warehouse Per 1,000 sq. ft.2 32.00 Truck terminal Per 1,000 sq. ft.2 32.00 General industrial Per 1,000 sq. ft.2 105.00 INSTITUTIONAL School elem. Per 1,000 sq. ft.2 140.00 School middle/high Per 1,000 sq. ft 2 140.00 Day care center Per 1,000 sq. ft.2 140.00 Fraternal organization Per 1,000 sq. ft.2 140.00 Hospital Per bed 140.00 Nursing home Per bed 140.00 Library Per 1,000 sq. ft.2 140.00 RECREATIONAL Park (city/county/state) Per acre 140.00 Recreation facility-All types Per pkg space 140.00 Golf course Per hole 140.00 NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-7.9-17 of this article. If the type of development activity for which a building permit, electrical perxnit for a mobile home park or recreational vehicle park is applied for is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. (b) The person applying for the issuance of a building permit or and electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the county administrator indicating that the fees set out in subsection (a) above are not appropriate for his particular development. Based upon convincing and competent evidence, the county administrator may adjust the fee to that appropriate for the particular develop- ment. (Ord. No. 00-003, Pt. A, 5-9-2000; Ord. No. 03-024, Pt. A, 8-19-2003) Supp. No. 70 376 GARBAGE, TRASH AND REFUSE § 1-9-71 Sec. 1-9-55. Penalties for violation. The violation of any of the regulations, restrictions and limitations promulgated under the provisions of this section may be restrained by injunction, including a mandatory injunction and otherwise abated in any manner provided by law. Nothing contained in this provision shall prohibit or limit the board's ability to enforce a violation of those provisions by any other means authorized by law. (Ord. No. 93-16, § 4.02, 5-11-93; Ord. No. 03-22, Pt. E, 8-12-2003) Sec. 1-9-56. Remedies. In addition to the penalties provided in section 1-9-55, the county may have recourse to such other remedies as provided in law or in equity to ensure compliance with the provisions of this article, including temporary and permanent injunctive relief, both prohibitory and mandatory, and recovery of damages. (Ord. No. 93-16, § 4.03, 5-11-93) Sec. 1-9-57. Alternative method. This article shall be deemed to provide an additional and alternative method for the doing of things authorized hereby and shall be regarded 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 and the inhabitants of the county shall be liberally construed to effect the purposes hereof. (Ord. No. 93-16, § 4.05, 5-11-93) Secs. 1-9-5~1-9-70. Reserved. DIVISION 2. MANDATORY COLLECTION OF SOLID WASTE Sec. 1-9-71. Residential property. (a) During the term of any service agreement authorized by section 1-9-91(a), all solid waste (other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility) generated from residential property located within the urban unincorporated area shall be collected by a regulated contractor. The owners of all such residential property will be responsible for the use of such service by all occupants of the property and shall be responsible for the payment of service fees in accordance with the applicable service agreement including fees related to the availability of collection services for recyclable materials. Fees for such services, including the cost of collection, disposal and administration, including the payment of any delinquent amounts owed, may be collected pursuant to any method authorized by law including the imposition of fees at the time of issuance of any permit or certificate of occupancy, collection by the contractor or as a non-ad valorem assessment pursuant to the provisions of F.S. § 197.3632. In the event that the county elects to collect the charges pursuant to the Supp. No. 70 443 § 1-9-71 ST. LUCIE COUNTY CODE provisions of F.S. § 197.3632, the adoption of 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 property; the method of apportionment and assessment; the initial rate of assessment; the maximum assessment rate, if any; the initial assessment roll; and the levy and lien of the solid waste assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within thirty (30) days from the date of the board action on the final assessment resolution. (b) In the event that the county determines to collect the service fees as a non-ad valorem assessment pursuant to the provisions of F.S. § 197.3632 and a property is omitted, then, in addition to any service fees for current service, an axnount equivalent to the payxnent delinquency, delinquency fees which shall only apply in those cases where a property owner had knowledge and notice of the fee and failed to pay, and recording costs for a prior year's fees for service may be included provided, (1) the collection method used in connection with the prior year's assessment did not use a collection methodology authorized by F.S. § 197.3632, (2) notice is provided to the owner and (3) any lien on the affected parcel for the prior year's assessment is supplanted and transferred to such solid waste disposal assessment upon certification of a non-ad valorem roll to the tax collector by the county. (Ord. No. 93-16, § 2.01, 5-11-93; Ord. No. 04-026, Pt. A, 8-3-2004; Ord. No. 05-027, Pt. A, 8-2-2005) Sec. 1-9-72. Commercial property. During the term of any sexvice agreement authorized by section 1-9-91(b), all solid waste (other than sludge unregulated under the federal Clean Water Act; or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility) generated from commercial property located within the unincorporated area of the county shall be collected by a regulated contractor. The owners of all such commercial property will be responsible for the use of such service by all occupants of the property and shall be responsible for the payment of service fees in accordance with the applicable service agreements including fees related to the availability of collection services for recyclable materials. (Ord. No. 93-16, § 2.02, 5-11-93) Sec. 1-9-73. Authorization required. (a) No person or entity shall be granted a permit or renewal thereof as provided in sections 1-9-20 through 1-9-27 of the St. Lucie County Code of Ordinances to provide collection to improved property, or collect recyclable materials from such properties within any service area or throughout the unincorporated area of the county, without first being selected and obtaining authorization to do so from the board by entering into a service agreement with the county. Supp. No. 70 444 GAR,BAGE, TRASH AND REFUSE § 1-9-92 (b) Written contracts for the collection of solid waste from improved property between a service provider holding an annual permit issued by the county pursuant to Article III of Chapter 1-9 of the St. Lucie County Code of Ordinances and the owner or occupant of any improved property which were in effect prior to the adoption of this article may remain in effect until revocation or the next expiration date of the service provider's annual permit. (Ord. No. 93-16, § 2.03, 5-11-93) Sec. 1-9-74. Collection by regulated contractors. The service provided by regulated contractors pursuant to the service agreements is deemed to provide a special benefit to residential property and commercial property. The service agreements may authorize the accrual of interest on delinquent service fees. To the full extent permitted by law, the service agreements may authorize regulated contractors to impose a lien against residential property as to which service fees are delinquent in the amount of such delinquent service fee, plus interest to the date of payxnent. (Ord. No. 93-16, § 2.04, 5-11-93) Secs. 1-9-75-1-9-90. Reserved. DIVISION 3. SOLID WASTE COLLECTION SERVICE AGREEMENTS Sec. 1-9-91. General authority. (a) The board is hereby authorized to enter into service agreements with any qualified person or entity to provide for the exclusive collection of solid waste (other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility) and recyclable materials, from residential property within specific service areas. (b) The board is hereby authorized to enter into service agreements with any qualified person or entity to provide for nonexclusive collection of solid waste (other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility) and recyclable materials, from commercial property throughout the unincorporated area of the county and from residential property located outside of the urban unincorporated area. (c) Service agreements may require payment of a franchise fee as set by the board to compensate the county for the cost of administration, supervision and inspection rendered for the effective performance of regulated contractors and shall include such other terms and provisions as the board may deem necessary or advisable. (Ord. No. 93-16, § 3.01, 5-11-93; Ord. No. 03-22, § Pt. F, 8-12-2003) Sec. 1-9-92. Designation of exclusive service areas. Prior to entering into any service agreement providing for exclusive service to residential property, the board shall adopt a resolution designating one (1) or more service areas in which Supp. No. 70 445 § 1-9-92 ST. LUCIE COUNTY CODE such exclusive service shall be provided. Service areas may be expanded or contracted by resolution of the board to include additional property located in the unincorporated area of the county or to include property located within any municipality with the consent of the governing body of such municipality. (Ord. No. 93-16, § 3.02, 5-11-93) Sec. 1-9-93. Indemni~ cation. The county shall not be liable or responsible for any accident or damage that may occur in conjunction with the collection of solid waste or recyclable materials by any regulated contractor, as a condition to the authority to provide collection, shall be deemed to have agreed to indemnify and hold harmless the county from any and all liability, loss, cost, damage or expense which may accrue to the county by reason of the neglect, default or misconduct of the regulated contractor. (Ord. No. 93-16, § 3.03, 5-11-93) Sec. 1-9-94. Revocation of certain permits. The board shall revoke a permit to operate garbage collection services issued pursuant to Article III of Chapter 1-9 of the St. Lucie County Code of Ordinances upon violation of the provisions of this ordinance. The board shall follow the procedures for revocation of the permit provided in section 1-9-24 of Chapter 1-9 of the St. Lucie Code of Ordinances. (Ord. No. 93-16, § 3.04, 5-11-93) Sec. 1-9-95. Prohibited acts. No person shall collect solid waste (other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility) from property located within the unincorporated area of the county without a service agreement. (Ord. No. 93-16, § 3.05, 5-11-93) [The next page is 465] Supp. No. 70 446 HEALTH AND SANITATION § 1-10-37 Potable water shall mean water that is safe for human consumption as described by the Florida Department of Environmental Protection. Utility shall mean the St. Lucie County utility services department. Utility director shall mean the St. Lucie County utility services director. (Ord. No. 96-05, Pt. A, 5-21-96) Sec. 1-10-36. Purpose. The purpose of this article is: (1) To protect the public potable water supply of the St. Lucie County utility services department from the possibility of contamination or pollution by isolating within its customers' internal distribution system or the customers' private water system such contaminants or pollutants that could backflow into the utility water system; and (2) To promote the elimination or control of existing cross connections, actual or potential, between the customers' potable water system and non-potable water systems, plumb- ing fixtures, and industrial piping systems; and (3) To provide for the maintenance of a continuing program of cross-connection control that will systematically and effectively contribute to the prevention of contamination or pollution of all public potable water systems. (Ord. No. 96-05, Pt. A, 5-21-96) Sec. 1-10-37. Backflow prevention devices required. A backflow prevention device shall be required, tested and maintained when necessary to protect the utility potable water system from potential or actual contamination or pollution. It shall be the responsibility of the utility director to determine when a backflow prevention device is required for the protection of the utility potable water system. Such determination shall be in accordance with the Cross Connection Control Manual. (1) New seruice. If the utility director determines that a backflow prevention device is required, the device shall be installed at the customer's expense before water sexvice is provided to the customer's property. It shall be the responsibility of the customer to maintain and test the backflow prevention device in accordance with the Cross Connection Control Manual. (2) Existing service. If the utility director determines that a backflow prevention device is required, the utility director or his designee shall give notice in writing to the customer to install a backflow prevention device at specific location or locations on the customer's property. The customer shall install the backflow prevention device in accordance with the Cross Connection Control Manual at the customer's expense. Supp. No. 70 471 § 1-10-37 ST LUCIE COUNTY CODE Failure, refusal, or inability by the customer to install, have tested, and maintain the backflow prevention device shall constitute grounds for discontinuing water service to the premises until such requirement has been satisfactorily met. (Ord. No. 96-05, Pt. A, 5-21-96) [The next page is 485] Supp. No. 70 472 Chapter 1-102 HISTORIC PRESERVATION* Art. I. In General, §§ 1-10.2-1-1-10.2-4 Art. II. Historic Preservation Officer, § 1-10.2-5 Art. III. Historic Preservation Committee, §§ 1-10.2-~1-10.2-12 Art. IV. Designation Process and Procedure, §§ 1-10.2-13-1-102-15 Art. V. Certi~cate of Appropriateness, §§ 1-10.2-16-1-10.2-24 Art. VI. Certificate to Dig, § 1-10.2-25 Art. VII. Appeals, § 1-10.2-26 Art. VIII. Penalties, § 1-102-27 Art. IX. Incentives, §§ 1-102-28, 1-102-29 AR,TICLE 1. IN GENERAi. Sec. 1-10.2-1. Short title. This chapter shall be known as the "St. Lucie County Historic Preservation Ordinance." (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-102-2. Purpose. (1) It is hereby declared as a matter of public policy that the protection, enhancement, and perpetuation of properties of historical, cultural, archaeological, aesthetic and architectural merit are in the interests of the health, prosperity and welfare of the people of St. Lucie County. (2) The purpose of this chapter is to protect the significant historic resources of St. Lucie County, to the maximum extent practicable, in accordance with the goals and policies of the St. Lucie County Comprehensive Plan, by providing procedures for the designation and subse- quent review of certain types of changes that are proposed for these resources. (3) The safeguarding of the historic resources in St. Lucie County is also intended to: a. Foster civic pride in the accomplishments of the past; b. Protect and enhance the county's historical heritage and provide an economic stimulus through heritage tourism; c. Promote the protection and maintenance of individual sites and districts in public acquisition programs for the education, pleasure and welfare of the people of St. Lucie County; d. Encourage adaptive use of historic resources by giving them priority over activities that would harm or otherwise destroy their historic value; *Editor's note-Ordinance No. 05-03, adopted Aug. 2, 2005, creating this chapter, is effective Jan. 1, 2006. Supp. No. 70 485 § 1-102-2 ST. LUCIE COUNTY CODE e. Enhance property values; f. Stabilize neighborhoods and business centers; g. Increase economic and financial benefits to the county and its inhabitants; h. Combat blight; i. Promote historic awareness in the county; j. Enhance the visual and aesthetic character of the county; and k. Protect and enhance the archaeological resources of the county. (4) In addition, the provisions of this chapter will assist the county and property owners to be eligible for federal tax incentives, federal and state grant funds, and other potential property tax abatement programs for the purpose of furthering historic preservation activities, including, but not limited to, F.S. § 193.503, and the National Register of Historic Places program. (5) This chapter is intended to and shall govern and be applicable to all property located within the unincorporated areas of St. Lucie County, Florida. (6) The historic preservation ordinance shall be filed, and it shall address the following sections: the establishment of an historic preservation committee with powers and duties; the creation of a process to designate historic buildings, sites, districts, landscape features, roads, objects, structures, and archaeological sites; a process of review for issuing certificates of appropriateness, and an appeal process. The county shall submit the ordinance to the National Register of Historic Places for certification of eligibility for the 1981 Economic Recovery Tax Act, as amended. (7) The St. Lucie County Register of Historic Places is hereby created as a means of identifying and classifying various sites, buildings, structures, objects and districts as historically significant. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-102-3. Definitions. Adaptive use: The process of converting a building to a use other than that for which it was designed. Addition: A construction project physically connected to the exterior of a historic building. Alteration: Any change affecting the exterior or appearance of an existing improvement by additions, reconstruction, remodeling or maintenance involving change of color, form, texture or materials, or any such changes in appearance of specially designated interiors. Archaeological site: A single specific location that has yielded or is likely to yield information on local history or prehistory. Supp. No. 70 486 HISTORIC PRESERVATION § 1-102-3 Archaeological zone: A geographically defined area, defined in the Archaeological Survey of St. Lucie County, Florida (2000), as amended, which may reasonably be expected to yield information on local history or prehistory based upon broad prehistoric or historic settlement patterns. Artifdct: Any object that is a product of human modification or objects that have been transported to a site by people. Building: A resource created principally to shelter any form of human activity such as a house, barn, church, hotel or similar construction. Board: The St. Lucie County Board of County Commissioners Certifacate of appropriateness: A certificate issued by the St. Lucie County Historic Preservation Committee or its designated staff, which permits certain alterations or improve- ments to a designated individual site or a property within a historic district. Certificate to dig: A type of certificate of appropriateness required by the county for certain ground disturbing activities, such as filling, grading, and the removal of vegetation and trees ~ but excluding swimming pool excavation. Certified local gouernment: A government satisfying the requirements of the National Historic Preservation Act Amendments of 1980 (P.L. 96-515) and the implementing of regulations of the U.S. Department of the Interior and the State of Florida, Division of Historical Resources. Agovernment that is certified will review all nominations to the National Register of Historic Places within its jurisdiction prior to reviews at the state and federal levels. Contributing resource: A building, site, landscape feature, object, structure, or archaeolog- ical resource that adds to the historic associations, historic architectural qualities, or archaeological values for which a property is significant because it was present during the period of significance, relates to the documented significance of the property, and possesses historic integrity or is capable of yielding important historical information. Demolition: The act or process of wrecking, destroying or removing any building or structure, or any portion thereof. Designated exterior: All outside surfaces of any building or structure that is individually listed or listed in the designation report as having significant value to the historic character of the building or district. Designation report: A document prepared by the staff of the Historic Preservation Commit- tee for all properties or districts that are proposed for local historic designation. The report, at a minimum, must include a boundary description of the proposed site or district, an evaluation of its significance as it relates to the criteria for sign~cance, location maps, representative photographs and a physical description of the historic resource(s). Supp. No. 70 487 § 1-102-3 ST. LUCIE COLTNTY CODE Earthworks: Earthworks consist of linear ridges, circular embankments, and causeways constructed of earth and/or shell, as well as their associated borrow pits, and both linear and circular ditches. These are most often associated with other precontact features such as mounds or middens, but they may occasionally be encountered in isolation. Excavation: Any mechanical or manual removal of rock, consolidated or unconsolidated soil material, sand, or vegetation. "Excavation" includes, but is not limited to, dredging, draglin- ing, bulldozing, scraping, digging, scooping, or hollowing out. Exceptional historic resource: A cultural or historic resource which would reasonably meet national, state or local criteria for historic designation and meets one or more of the following criteria: a. It is one of a kind or one of the last of its kind in the county or region; or falls within a category of resources so fragile that survivors axe unusual. b. It possesses a design value quickly recognized as historically significant by the architectural or engineering profession. c. It falls within a category of those resources for which the community has an unusually strong associative attachment; or reflects the extraordinary impact of a political or social event. d. It is an integral part of a district that is eligible for listing in the National Register of Historic Places. e. Retention of the historic resource promotes the public good of the county by providing an opportunity to interpret history, architecture and design. Historical commission: The St. Lucie County Historical Commission established pursuant to section 1-16-41, St. Lucie County Code of Ordinances and Compiled Laws. Historic district: A geographically defined area possessing a significant concentration, linkage or continuity of buildings, structures, objects, improvements or landscape features, united by historic events or by plan or physical development, and which area has been designated as a historic district pursuant to procedures described herein. Historic ldndscape feature: Individual plants, such as a specimen tree, or groups of plants, such as a hedge, allee, agricultural field, planting bed, or a naturally occurring plant community or habitat, with historical significance. Historic preservation committee: The St. Lucie County Historic Preservation Committee, a citizen advisory committee established in accordance with article III of this chapter. Historic preservation officer: A person appointed by the county administrator to serve as the staff to the historic preservation committee. That person shall be experienced in, or knowl- edgeable about, architectural history, urban design, historic preservation principles, planning and land use regulations. Supp. No. 70 488 HISTORIC PRESERVATION § 1-102-3 Historic preservation trust fund: The St. Lucie County Historic Preservation ~ust Fund created for the purpose of funding the preservation of historic resources within the unincor- porated areas of the county. Historic resource: Any prehistoric or historic district, site, building, object or other real or personal property of historical, architectural or archaeological value. The properties may include, but are not limited to, monuments, memorials, habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works, treasure troves, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof relating to the history, government or culture of the county, the State of Florida, or the United States of America. Interim protection measure: The interim period of time needed to protect a property from demolition, relocation, alteration, or new construction until such period of time provided by law passes for the property to be considered for designation as a historic site, or historic district, or zone. Local Register of Historic Places: The St. Lucie County Register of Historic Places. National Register of Historic Places: A federal listing maintained by the U.S. Department of the Interior of buildings, structures, sites, objects and districts that have met the criteria for significance contained in the National Historic Preservation Act of 1966 (as amended.) Non-contributing resource: A building, site, landscape feature, object, or structure that does not add to the historic architectural qualities, historic associations or archaeological values for which a property is significant because it was not present during the period of significance or does not relate to the documented significance of the property and/or, due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity or is no longer capable of yielding important information about the period. Object: Those objects that are primarily artistic in nature, or are relatively small in scale and simply constructed. It may be, by nature or design, movable; an object is associated with a specific setting or environment. Ordinary maintenance and repair: Any exterior work for which a building permit is not required by law, where the purpose and effect of such work is to correct any physical deterioration or damage of an element, by restoring it as nearly as possible to its appearance using materials consistent with the original materials. Preservation: The act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those • portions or features of the property that are significant to its historical, architectural and cultural values. Supp. No. 70 489 § 1-102-3 ST. LUCIE COLTNTY CODE Resource of exceptional importance: A historic resource that is of exceptional importance because it is (a) one of a kind; (b) directly related to a major theme in the county or region's development; and (c) significant in multiple areas which can include history, architecture, landscape design, or archaeology. Restoration: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of removal of later work or by the replacement of missing earlier work and utilizing traditional materials. Scale: The character of any architectural work is determined both in its internal space and in its external volume by the fundamental factor of scale, the relation between the interior space and exterior volume. Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings: A set of guidelines produced by the Department of the Interior that establish professional standards and provide advice and guidelines on the rehabilitation of historic properties and acceptable preservation treatments. The standards pertain to exterior and interior work on historic buildings. Site: The location of a significant event, a prehistoric or historic occupation or activity, or a structure, whether standing, ruined, or vanished, where the location itself possess historic, cultural, archaeological, or paleontological value regardless of the value of any exiting structure. St. Lucie County Historic Resources Survey, 2003 : A survey that identifies the historic resources of St. Lucie County. The survey results include mapping; photographic documenta- tion; research into the date of construction and original uses; and a detailed description of each resource. Special certificate of dppropriateness: A special certificate of appropriateness is required for work that includes: additions, alterations, new construction, relocations, or demolition, and for those instances when the proposed work is deemed to have a significant impact on the historic resource(s). The historic preservation committee shall review the request. Standard certificate of appropriateness : A standard certificate of appropriateness shall be issued by the staff of the historic preservation committee when the work proposed is a minor alteration, routine maintenance or in-kind replacement as set forth in the rules adopted by the historic preservation coxnxnittee. St. Lucie County Register of Historic Places: A register of those individual cultural and historic resources and districts that have been designated as historic pursuant to this chapter. Streetscape: A view or vista of a specific street, the distinguishing characteristics of which are created by the width of the street and sidewalks, their paving material and color, the design of street furniture, the use of plant materials such as trees and shrubs, the setback, mass, proportion and scale of those buildings that enclose the street. Structure: Those functional constructions made usually for purposes other than human shelter. Supp. No. 70 490 HISTORIC PRESERUATION § 1-102-5 Undue economic hardship: An exceptional financial burden that might otherwise amount to the taking of property without just compensation, or failure to achieve a reasonable economic return. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-10.2-4. Historic preservation trust fund. (1) The Clerk of the Circuit Court of St. Lucie County, acting as clerk and auditor to the board is hereby authorized and directed to establish in the accounts of the board of county commissioners a St. Lucie County Historic Preservation Trust Fund. The clerk shall deposit such funds donated or otherwise contributed to the county for historic preservation into the St. Lucie County Historic Preservation ~ust Fund. (2) The board shall distribute the funds placed in the St. Lucie County Historic Preserva- tion ~ust Fund, plus accrued interest, to undertake a historic preservation strategy as determined by the board. (Ord. No. 05-03, Pt. A, 8-2-2005) AR,TICLE II. HISTORIC PRESERVATION OFFICER Sec. 1-10.2-5. Appointment and duties. The county administrator shall appoint an employee of the board to serve as the St. Lucie County Historic Preservation Officer. The appointee shall be knowledgeable and experienced in architectural history, urban design, local history, site planning and land use regulations. The historic preservation officer shall: (1) Schedule the meetings of the historic preservation committee, prepare agendas, and ensure that proper notice of the meetings are afforded to the public and affected parties. (2) Prepare local historic designation reports and make recommendations to the historic preservation committee as to whether or not they meet the designation criteria under article IV of this chapter. (3) Upon receipt of a completed application for a certificate of appropriateness, evaluate the scope of the project to determine whether it will be considered for review as a standard or special certificate of appropriateness, and then process the application as described in article V and VI of this chapter. (4) Maintain and update the of~'icial inventory and map of historically designated sites and districts. (5) Prepare summaries of all decisions regarding applications to include the criteria and conditions for approval or denial. Supp. No. 70 491 § 1-102-5 ST. LUCIE COUNTY CODE (6) Review all plans for designated historic sites and historic districts, for their compliance with the terms and conditions of applicable certificates of appropriateness or certifi- cate to dig prior to the issuance of a construction or vegetation removal permit. (7) Apply for preservation grants and actively participate in other historic preservation programs, such as the Historic Marker Program, administered by the Florida Division of Historical Resources, Bureau of Historic Preservation. (8) Serve as the certified local governxnent coordinator between the board and the Florida Division of Historical Resources, Bureau of Historic Preservation. (Ord. No. 05-03, Pt. A, 8-2-2005) ARTICLE III. HISTORIC PRESERVATION COD~IlVIITTEE Sec. 1-10.2-6. Creation. The St. Lucie County Historic Preservation Committee is hereby created and established as a committee of the St. Lucie County Historical Commission. The committee is hereby vested with the power, authority and jurisdiction to recommend local historic designations; issue certificates of appropriateness; and to regulate and administer the historical, cultural, architectural and archaeological resources in St. Lucie County, as prescribed by this chapter and the direct jurisdiction and legislative control of the board. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-10.2-7. Composition; qualification of inembers. (1) The historic preservation committee shall consist of seven (7) members. Each one of the five (5) county commissioners shall individually appoint one (1) member of the historic preservation committee whose term shall coincide with the term of the commissioner who appointed that member. The board shall collectively appoint the other two (2) at large members from the historical commission whose initial terms on the historic preservation committee shall be established by resolution of the board. Each member of the historic preservation committee shall hold office only so long as he or she is a resident of St. Lucie County. to the extent practicable, the board shall appoint practicing or retired professional members from the following disciplines who have demonstrated a significant level of interest, experience or knowledge in historic preservation: a. Anthropology or archaeology. b. Real estate, land development or finance. c. History, folklore or architectural history d. Conservation or curation. e. Architecture or historic architecture. f. Historic preservation. g. Land use planning or historic preservation planning. Supp. No. 70 492 HISTORIC PRESERVATION § 1-102-10 h. General or residential contractor. i. Professional engineer. In the event persons in such disciplines are unavailable, the board may appoint individuals who have demonstrated a significant level of interest, experience or knowledge in historic preservation. (2) Special advisors may be appointed by the board upon the recommendation of the historic preservation committee. They shall serve as ex-officio members having no vote. The historic preservation committee may also seek expertise on proposals or matters requiring evaluation by a profession not represented on the historic preservation committee. (3) Members of the historic preservation committee shall serve without compensation, but shall be reimbursed for necessary expenses directly related to the performance of their official duties. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-10.2-8. Term; removal. (1) The term limit for service to the historic preservation committee shall be two (2) consecutive four (4) year terms, not to exceed a total of eight (8) years. (2) An at large member of the historic preservation committee may be removed from office only by a vote of the board. (3) Should a historic preservation committee member fail to attend three (3) consecutive meetings, the committee chairman shall certify the same to the board. Upon such certification, the member shall be deemed to have been removed and the board shall fill the vacancy by appointment. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-10.2-9. Organization. The members of the historic preservation committee shall elect members to serve as the committee 's chair and vice-chair, for a period of one (1) year. Nothing shall prevent the historic preservation committee from electing a chair or vice-chair for successive terms. The historic preservation officer or such officer's representative shall serve as staff liaison to the historic preservation committee with no vote. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-102-10. Meetings, records. (1) Meetings. The historic preservation committee shall be required to hold regular meetings at least four (4) times a year or more frequently as may be necessary to satisfy the review and hearing requirements set forth in the this chapter. The historic preservation committee may conduct special meetings as the historic preservation committee may deter- mine, or at the call of the chair for consideration of business before the historic preservation committee. All meetings of the historic preservation committee shall be publicly announced Supp. No. 70 493 § 1-102-10 ST. LUCIE COUNTY CODE and shall be open to the public. Meetings will have a previously advertised agenda. The time and place of the meetings, the order of business and the procedures to be followed shall be as prescribed by the historic preservation committee and shall be available for public inspection. All meetings convened to consider local historic designation, certificates to dig or special certificates of appropriateness shall be advertised at least ten (10) days prior to the meeting in a newspaper having a general circulation within St. Lucie County. (2) Voting. All historic preservation committee meetings will be held in a public forum. A majority of the historic preservation committee shall constitute a quorum, and an affirmative vote equal to a majority of the quorum present, whichever is greater, shall be necessary for the adoption of any motion. (3) Minutes. The historic preservation committee shall keep minutes and records of a11 meetings and proceedings, including voting records, attendance, resolutions, findings, deter- minations, and decisions. Such records shall be filed in the office of the historic preservation officer and shall be open for public inspection. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-10.2-11. Rules and regulations. The historic preservation committee shall recommend to the board such rules and regulations reasonably necessary and appropriate for the proper administration and enforce- ment of the provisions of this chapter. Such rules and regulations shall conform to the provisions of this chapter, shall not conflict with any applicable laws or regulations, and shall govern and control procedures, hearings and actions of the historic preservation committee. No such rules and regulations shall become effective until a public hearing has been held by the board upon the proposed rules and regulations, and any amendments or modifications thereto, and the same have been approved by resolution of the board and filed with the clerk of the circuit court. Upon approval by the board, such rules and regulations shall have the force and effect of law within the unincorporated areas of St. Lucie County, Florida. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-102-12. Funetions, powers and duties. The historic preservation committee shall have the following powers and duties: (1) Recommend adoption or amendment of rules of procedure. (2) Recommend designation of individual sites, and historic districts and archaeological zones. (3) Initiate petitions for the designation of individual sites and historic districts. (4) Issue or deny certificates of appropriateness and certificates to dig. (5) Approve historical markers for properties listed in the St. Lucie County Register of Historic Places. (6) Recommend building and zoning amendments to the proper authorities. Supp. No. 70 494 HISTORIC PRESERVATION § 1-102-12 (7) Establish criteria for staff to issue standard certificates of appropriateness. (8) Review and update the St. Lucie County Historic Resources Survey and the Archae- ological Survey of St. Lucie County. (9) Promote the awareness of historic preservation concerns throughout the community. (10) Review and make recommendations regarding the acceptance of donations of real property to the board. (11) Recommend as appropriate that certain provisions of the zoning code be varied , amended or superceded as a means of encouraging historic preservation. (12) Contact public and private organizations and individuals for the purpose of arranging intervening agreements that may lead to the preservation of historic resources that might otherwise be demolished. (13) Evaluate and comment upon pending decisions by other public agencies that affect the physical development and appearance of architecturally, archaeologically or histori- cally significant sites, districts and archaeological zones. (14) Coordinate with the State of Florida's Division of Historical Resources Certified Local Government program as follows: a. The division shall be given thirty (30) days' prior notice of all meetings and within thirty (30) days following such meetings the division shall be provided with the minutes and record of attendance of both the committee and the public. b. The division shall be notified of any change of committee members within thirty (30) days of any changes in membership. c. Notify the state historic preservation officer within five (5) business days of all new historic designations or alterations to existing designations. d. Any amendments to the ordinance shall be submitted to the state historic preservation officer for review and comment at least thirty (30) days prior to adoption. e. The division of historical resources shall be provided with an annual report by November 1 covering activities of the previous October 1 through September 30 and shall include the following inforxnation: 1. Any changes in the board's rules of procedure; 2. All new National Register listings; 3. All new local historic designations and alterations to existing designations; 4. Any changes to board memberships and a copy of their resumes; 5. Revised resumes of board members as appropriate; 6. Any amendments to this chapter; 7. A review of survey and inventory activities with a description of the system used; Supp. No. 70 495 § 1-102-12 ST. LUCIE COUNTY CODE 8. A program report on each grant-assisted activities; and 9. Number of projects reviewed. (15) The historic preservation committee shall have the authority to review applications for certificates of appropriateness for all property in the unincorporated St. Lucie County, however owned, by either private or public parties. Except as otherwise provided by law, this shall apply equally to plans; projects or work executed or assisted by any private party, governmental body or agency, department, authority or board of a municipality, the county, or the State of Florida. (16) The historic preservation comxnittee shall receive all nominations of local property to the National Register of Historic Places following the regulations of the state historic preservation office. The committee shall give notice to the owner of the property at least thirty (30) days but not more than seventy-five (75) days prior to the historic preservation committee meeting at which the nomination will be considered. The committee shall also obtain approval by the board for the nomination to the National Register, and these recommendations shall be given to the board within thirty (30) days. The committee shall obtain comments from the public that shall be included in the report making a recommendation. Objections to being listed in the national register by property owners must be notarized and filed with the historic preservation officer. Within thirty (30) days after the board meeting, the committee recommenda- tion shall be forwarded to the state historic preservation officer. The state historic preservation officer will take further steps on the nomination in accordance with federal and state regulations. If the board supports the nomination, the state historic preservation officer will schedule the nomination for consideration by the state review board for the National Register at its next regular meeting. (Ord. No. 05-03, Pt. A, 8-2-2005) AR,TICLE IV. DESIGNATION PROCESS AND PROCEDURE Sec. 1-102-13. Criteria. (1) The historic preservation committee shall have the authority to recommend designation of buildings, sites, districts, landscape features, roads, objects, structures and resources as sites, districts or zones that are significant in St. Lucie County's history, architecture, archaeology or culture and possess an integrity of location, design, setting, materials, workmanship, feeling or association, and meets one or more of the following criteria: a. Significant event - Associated with distinctive elements of the cultural, social, political, economic, scientific, religious, prehistoric and architectural history that have contrib- uted to the pattern of history in the community, St. Lucie County, the region, the state or the nation; or b. Significant person - Associated with persons significant in the county, the region, the state or the nation's past; or Supp. No. 70 496 HISTORIC PftESERVATION § 1-102-14 c. Architectural significance - Embodies the distinctive characteristics of a type, period, style or method of construction or work of a master; or that possess high artistic value; or that represent a distinguishable entity whose components may lack individual distinction; or d. Archaeological significance - Has yielded, or is likely to yield information in history or prehistory; or e. Listed in the National Register of Historic Places; or f. Aesthetic significance - Is part of or related to a landscape, park, environmental feature or other distinctive area, and should be developed or preserved according to a plan based upon a historic, cultural, or architectural motif; or because of its prominent or special local, contrast of siting, age, or scale is an easily identifiable visual feature of a neighborhood or area or contributes to the distinctive quality of such neighborhood or area. (2) Certain properties, which include cemeteries, birthplaces, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, properties that have achieved significance within the last fifty (50) years, and properties commemorative in nature will not normally be considered for designation on the St. Lucie County Register of Historic Places. However, such properties will qualify if they are integral parts of districts that do meet the criteria, or if they fall within the following categories: a. A religious property deriving primary significance from architectural or artistic distinction of historical importance; b. A building or structure removed from its location but which is primarily significant for architectural value, or is the surviving structure most importantly associated with an historic event or person; c. There is no other appropriate site or building directly associated with the life of a person significant in the county, the region, the state or the nation's past; d. A cemetery that derives its primary significance from graves of persons of transcen- dent importance, from age, distinctive design features, or from association with historic events; e. A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; f. A property or district achieving significance within the past fifty (50) years if it is of exceptional importance. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-10.2-14. Procedures for historic designation. Properties that meet the criteria for local historic sites and local historic districts set forth in section 1-10.2-12 shall be designated according to the following procedures: (1) Petition of the owner. The owner(s) of any property in St. Lucie County may petition the historic preservation committee for designation of their property as an individual Supp. No. 70 497 § 1-102-14 ST. LUCIE COUNTY CODE site or district. The historic preservation officer shall, based on its findings, either recommend a designation report be prepared or recommend denial of the petition. Nothing in this subsection shall be deemed to restrict the power of the historic preservation committee to initiate the designation process pursuant to this section. (2) Directiue of the historic preservation committee. The historic preservation committee shall either accept or deny the application. By accepting the application, the historic preservation committee must set a date for a public hearing and shall direct staff to complete the designation report and notify the proper parties of the public hearing. (3) Initiation by the historic preseruation committee. Based upon written recommenda- tions from local, state or national historical organizations, the historic preservation committee may initiate the designation of properties which would meet the criteria for an exceptional historic resource as defined in subsection 1-102-3(18) by notifying the property owner and directing the historic preservation officer to prepaxe the designa- tion report. (4) Designation reports. Prior to the designation of an individual site or a district, the historic preservation officer shall prepare an investigation and designation report and submit it to the historic preservation committee. All reports must address the following: a. Legal description of the property. b. The historical, cultural, architectural or archaeological significance or how the property fulfills the criteria for designation. c. Whether the property meets the criteria for an exceptional historic resource as defined in subsection 1-10.2-3(18). d. Boundaries for individual historic sites and a recommendation of boundaries for districts. When a district is recommended, the report must identify those properties which are considered "contributing" (i.e., that they contribute to creating the historic character of the district) or "non-contributing" (i.e., that they do not contribute to creating the character of the district), but which require regulation in order to control potentially adverse influences on the character and integrity of the district. The standards for regulating non-contributing properties shall provide that a certificate of appropriateness and/or certificate to dig, as appropriate, shall be required for alterations and new construction on such properties. e. Zoning regulations. Every historic site and historic district may include detailed zoning regulations made to be compatible with its designation. Such regulations may be designed to supplant or modify any element of existing zoning regula- tions, including but not limited to use, floor area ratio, density, height, setbacks, parking, xninimum lot size or create any additional regulations provided for in this section. The zoning amendment may identify individual properties, improve- Supp. No. 70 498 HISTORIC PRESERVATION § 1-102-14 ments, landscape features or sites for which different regulations; standards and procedures may be required. Said zoning regulations shall not be effective until the board approves the regulations. f. The report shall also contain a location map and photographs of all exterior surfaces, and interiors when applicable. g. Optional designation of interiors. Normally interior spaces shall not be subject to regulation under this chapter; however, in cases of existing structures that possess interior spaces that are of exceptional architectural, artistic or historical importance, and are interior spaces which are customarily open to the public, they may be specifically designated. The designation report shall describe precisely those features subject to review and shall set forth standards and guidelines for such regulations. h. Designation reports shall also include a copy of any survey materials related to such property, the property appraiser's records of such property and a copy of the public hearing newspaper advertisement. (5) Notifacation of owner. For each proposed designation of an individual site or district, the historic preservation committee is encouraged to obtain the permission of the property owner(s) of the individual site or within the designated area, and is responsible for sending by certified mail a copy of the designation report to the owner(s) as notification of the intent of the historic preservation committee to consider designation of the property at least thirty (30) days prior to a public hearing held pursuant to this chapter. (6) Interim protection measure: From the date of said notification of the owner, no building construction or vegetation removal permit for any new construction, alteration, relocation, or demolition or surface alterations that may affect the property proposed for designation shall be issued until the board approves or denies the designation in accordance with this section, or one hundred twenty (120) days have elapsed, whichever shall occur first (7) Notification of gouernment agencies. Upon filing of a designation report, the historic preservation officer shall immediately notify the appropriate building and zoning department, the appropriate public works department and any other county or municipal agency, including agencies with demolition powers, that may be affected by said filing. (8) Notice of historic preservation committee public hearing. For each individual site or district proposed for designation, a public hearing must be held no sooner than thirty (30) days and within sixty (60) days from the date a designation report has been filed with the historic preservation committee. Property owners within a radius of one hundred fifty (150) feet from the area proposed for designation shall receive a courtesy notice of the hearing, to be mailed at least fifteen (15) days prior to the date of the hearing. Owners of record of the proposed designated properties, shall be notified of the public hearing by certified mail to the last known address of the party being served; Supp. No. 70 499 § 1-102-14 ST. LUCIE COUNTY CODE however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected by publishing a copy thereof in a newspaper of general circulation at least fifteen (15) days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation. (9) Requirement of prompt decision and notiftcation. Following the public hearing, the historic preservation committee shall recomxnend approval, denial or amendment of the proposed designation, including whether the property should be considered an exceptional historic resource, and shall forward its recommendation to the board within thirty (30) days of the hearing for final approval. (10) Notice of board public hearing. Upon receipt of the historic preservation committee's recommendation, the board shall schedule a public hearing to consider the proposed designation. The public hearing must be held no sooner than thirty (30) days and within s~ty (60) days from the date the historic preservation committee recommen- dation is filed with the board. Property owners within a radius of one hundred fifty (150) feet from the area proposed for designation shall receive a courtesy notice of the hearing, to be mailed at least fifteen (15) days prior to the date of the hearing. Owners of record of the proposed designated properties, shall be notified of the public hearing by certified mail to the last known address of the party being served; however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected by publishing a copy thereof in a newspaper of general circulation at least fifteen (15) days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation. (11) Requirement of prompt decision and notice. The board shall either approve, deny or approve with conditions the designation, including whether the property constitutes an exceptional historic resource, and shall designate the property by resolution. Except for property determined to be an exceptional historic resource, the owner, or a majority of the owners if owned by more than one person, or a majority plus one of the owners in a proposed historic district, may reject the designation in writing by filing a written statement with the historic preservation officer. In the event the designation is rejected, the provisions of this chapter governing designated historic properties shall not apply to the subject property or district. The property shall remain subject, however, to the provisions of section 4.11.01, St. Lucie County Land Development Code, if applicable. If approved, the property shall be added to the St. Lucie County Local Register of Historic Places. The following parties shall be notified of its actions with a copy of the resolution: a. St. Lucie County Growth Management Department; b. St. Lucie County Public Works Department; c. St. Lucie County Clerk of Court; d. Owner(s) of the designated property and other parties having an interest in the property, if known; Supp. No. 70 500 HISTORIC PRESERVATION § 1-102-15 e. Any other county or municipal agency, including agencies with demolition powers, that may be affected by this action; and, f. St. Lucie County Property Appraiser. (12) Amendment or rescission. In the event the historic preservation committee determines a property no longer in full or in part meets the criteria set forth in section 1-10.2-13, the historic preservation committee may recommend an amendment or rescission of any designation provided it complies with the same manners and procedures used in the original designation. (13) Appeal of designation. A party aggrieved by a designation decision may appeal such decision in the manner provided for in this chapter. (14) Recording of designation. The board shall provide the clerk of circuit court with all designations for the purpose of recording such designation and the clerk of circuit court shall thereupon record the designation according to law. (15) St. Lucie County Local Register Map. On or before October 1 of each year, the historic preservation officer shall prepare a map showing all properties listed on the local register of historic places as of that date. The historic preservation officer may update the map at such other times as he deems appropriate to reflect changes to the local register. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-10.2-15. Emergency actions. (1) The historic preservation officer may request the historic preservation committee to take emergency action to review a threat to a property which has not yet been designated as a historic resource but which appears to be eligible for such designation, if the historic preservation o~cer determines irreparable harm will be done to the historic resource if the proposed demolition, alteration, or construction is allowed to occur. (2) The department receiving an application concerning a potential historic resource shall provide written notification to the historic preservation officer within five (5) working days of the receipt of the application for permits which do not require a public hearing. (3) If the historic preservation o~cer determines irreparable harm will be done to the potential historic resource if the proposed demolition, alteration, or construction is allowed to occur, the historic preservation officer will schedule the matter for consideration by the historic preservation committee. Notice of the public hearing will be provided in accordance with the provisions of subsection 1-102-14(11). (4) All construction activity requiring building permits or the processing of permit appli- cations relating to the property shall be held in abeyance until the review by the board is completed with regard to the subject property. Supp. No. 70 501 § 1-102-15 ST. LUCIE COUNTY CODE (5) Review and determination by the historic preservation committee: (a) At the public hearing, the historic preservation officer shall present a report to the historic preservation committee regarding the architectural, historical and archaeo- logical significance of the subject property, including an evaluation of the property under the criteria set forth for historic designation in subsection 1-102-13(1). The historic preservation committee shall also hear testimony from the owner, the applicant and all other interested persons. (b) At the close of the public hearing, the board shall determine whether a11 of the following findings of fact have been established: 1. There is a real and present danger to the subject property as evidenced by the owner or applicant's proposal. 2. Based upon the best available data, the subject property appears eligible for historic designation pursuant to this chapter. The fact that the property has not been nominated for included on the National Register of Historic Places shall not in itself be grounds for approval of the proposed work or development request. 3. During consideration of historic designation, the applicant and/or owner will not be denied all reasonable use of the property. (6) Based upon its findings of fact as provided above, the historic preservation committee shall recommend to the board the historic designation procedures should be initiated for the subject property. Following receipt of the historic preservation committee's recommendation, the board shall conduct a public hearing in accordance with the notice procedures set forth in subsection 1-102-14(10). If in the judgment of the board all of the findings of fact as set forth above have been established, the board shall initiate the historic designation procedures for the subject property. Should sufficient evidence be presented at the public hearing, the board may designate the property as a public hearing, or it may request further information and set a date for a final historic designation hearing to be held within ninety (90) days. (7) If the historic designation procedures are initiated, the county shall make every effort to complete the historic designation process in a timely fashion. Except as otherwise set forth in this section, the historic designation process shall follow the same procedures as a regular historic designation. (Ord. No. 05-03, Pt. A, 8-2-2005) ARTICLE V. CERTIFICATE OF APPROPRIATENESS Sec. 1-10.2-16. Required. (1) No building, site, landscape feature, object, structure, or earthwork, within St. Lucie County which has been designated pursuant to this chapter or is located within an archaeological zone as defined in section 1-102-3 shall be altered, restored, rehabilitated, excavated, moved or demolished until an application for a certificate of appropriateness Supp. No. 70 502 HISTORIC PRESERVATION § 1-102-16 regarding any architectural features, landscape features or site improvements have been submitted to and approved pursuant to the procedures in this article. The application shall include, but not be limited to, the architectural style, scale, massing, siting, general design and general arrangement of the exterior of the building or structure, including the type, style and color of roofs, windows, doors, walls and appurtenances. Architectural features shall include, when applicable, interior spaces where interior designation has been given pursuant to article IV. Landscape features and site improvements shall include, but are not limited to, site grading, subsurface alterations, fill deposition, paving, landscaping, vegetation removal, walls, fences, courtyards, signs and exterior lighting. No certificate of appropriateness shall be approved unless the architectural or development plans for said construction, alteration, excavation, restoration, rehabilitation, relocation or demolition are approved by the historic preservation committee. (2) No permit shall be issued by the county that affects any property designated pursuant to this chapter without a certificate of appropriateness. (3) All work performed pursuant to the issuance of the certificate of appropriateness shall conform to the requirements of the certificate. The board shall designate an appropriate official to assist the historic preservation committee by making necessary inspections in connection with enforcement of this chapter and shall be empowered to issue a stop work order if performance is not in accordance with the issued certificate. No work shall proceed as long as a stop work order continues in effect. Copies of inspection reports shall be furnished to the historic preservation committee and copies of any stop work orders both to the historic preservation committee and the applicant. The public works director or appropriate official and staff for the historic preservation committee shall be responsible for ensuring that any work not in accordance with an issued certificate of appropriateness shall be corrected to comply with the certificate of appropriateness prior to withdrawing the stop work order. (4) Any certificate of appropriateness issued pursuant to the provision of this section shall expire twelve (12) months from the date of issuance, unless the authorized work is commenced within this time period or a building permit has been obtained. (5) Any change in work proposed subsequent to the issuance of a certificate of appropri- ateness shall be reviewed by the historic preservation officer. If the historic preservation officer finds that the proposed change does not affect the property's historic character and that the change is in accord with approved guidelines, standards and the general intent of the original certificate of appropriateness, the historic preservation officer may issue a supplementary standard certificate of appropriateness for such change. If the proposed change is not in accord with the guidelines, standards or the original intent of the certificate of appropriateness, a new application for a special certificate of appropriateness shall be required. (6) A designated structure or home that is located in a historic district or archaeological zone may not be relocated except upon approval of a certificate of appropriateness. In considering such certificate the board shall determine whether any reasonable alternative is Supp. No. 70 503 § 1-10.2-16 ST. LUCIE COLTNTY CODE available for preserving the improvement or structure on its original site and whether the proposed relocation site is compatible with the historic and architectural integrity of the improvement or structure. (7) For the purpose of remedying emergency conditions determined to be dangerous to life, health or property, nothing contained herein shall prevent the making of any temporary construction, reconstruction or other repairs to a building or site in St. Lucie County, pursuant to an order of a government agency or a court of competent jurisdiction. The owner of a building damaged by fire or natural calamity shall be permitted to stabilize the building immediately without historic preservation committee approval and to rehabilitate it later under the normal review procedures of this chapter. (8) Where the historic preservation officer or the historic preservation committee deter- mines that any improvement within a designated historic site or designate historic district is endangered by lack of maintenance and repair, or that other improvements in visual proximity to a historic sight or historic district lack maintenance and repair to such an extent as to detract from the desirable character of the historic s~te or historic district, such determination shall be reported to the code compliance division. In the event the county building official deterxnines that any structure within a designated historic site or historic district is unsafe pursuant to the Florida Building Code, as adopted by the county, or in violation of the Property Maintenance Ordinance as set forth in section 13.09.00 of the St. Lucie County Land Development Code, such official shall immediately notify the historic preservation comxnittee with a copy of any findings. Where reasonably feasible within applicable laws and regulations, the code compliance division shall endeavor to encourage repair of the structure rather than its demolition and shall take into consideration any comments and recommendations by the historic preservation officer. The historic preservation committee and/or the board may take appropriate action to encourage preservation of any such structure. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-10.2-17. Forms and fees. Applications for certificates of appropriateness must be made on forms approved and provided by the historic preservation committee and must be submitted with the appropriate fee to the historic preservation officer pursuant to the fee schedule established by resolution of the board. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-10.2-18. Pre-application conference. Before submitting an application for a certificate of appropriateness, an applicant is encouraged to confer with the historic preservation officer to obtain information and guidance before entering into binding commitments or incurring substantial expenses in the prepara- tion of plans, surveys and other data. At the request of the applicant, the historic preservation officer, or any member of the historic preservation committee, an additional pre-application conference shall be held between the applicant and the historic preservation committee or its Supp. No. 70 504 HISTORIC PRESERVATION § 1-102-21 designated representative. The purpose of such conference shall be to further discuss and clarify preservation objectives and guidelines. In no case, however, shall any statement or representation made prior to the official application review be binding on the historic preservation committee, the board, or any county department. The owner(s) of a designated property are also encouraged to consult with the historic preservation officer prior to the commencement of any routine maintenance and/or repairs to the site. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-102-19. Standards for review and issuance. The U.S. Secretary of the Interior's Standards for the Rehabilitation are hereby adopted as the standards by which applications for any certificates of appropriateness are to be measured and evaluated. In adopting these standards, it is the intent of this chapter to promote the proper maintenance, restoration, preservation, rehabilitation appropriate to the property, and compatible contemporary designs which are harmonious with the exterior architecture and landscape features of neighboring buildings, sites and streetscapes. From time to time, the historic preservation committee may adopt additional standards to preserve and protect special features unique to the county. Based on the Secretary of the Interior's Standards, the designation report, a complete application, any additional plans, drawings, photographs and samples of materials to fully describe the proposed project, the historic preservation committee may approve or deny the application for a certificate of appropriateness. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-10.2-20. Standard certificate of appropriateness. Where the action proposed in an application is a minor alteration to a designated site or contributing resource within a historic district, as specified by the rules of procedure of the historic preservation committee, and satisfies the standards as set forth in section 1-102-18, the historic preservation officer shall, within ten (10) calendar days of receipt of the complete application, approve or deny the application. The findings of the historic preservation officer shall be mailed to the applicant within three (3) days of the staffs decision, accompanied by a statement that explains the officer's decision. The applicant shall have an opportunity to challenge the officer's decision by applying for a special certificate of appropriateness, within thirty (30) days of the historic preservation officer's findings. Further, the applicant may also request that his/her application be classified as a special certificate of appropriateness so that the historic preservation committee will consider it. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-10.2-21. Special certificate of appropriateness. (1) Where the action proposed in an application involves a major alteration, relocation or demolition to a designated site or a contributing resource within a historic district, as specified by the rules of the historic preservation committee, or where the historic preservation officer Supp. No. 70 505 § 1-102-21 ST. LUCIE COLTNTY CODE finds that the action proposed in an application is not clearly in accord with the standards as set forth in section 1-10.2-19, the application shall be classified as a special certificate of appropriateness and the following procedures shall govern: (2) When a complete application is received, the historic preservation officer shall place the application on the next regularly scheduled meeting of the historic preservation committee. The historic preservation committee shall hold a public hearing with notice of the application and the time and place of the hearing as follows: a. The applicant shall be notified by mail at least ten (10) calendar days prior to the meeting. b. Any individual or organization requesting such notification and paying any estab- lished fees therefore shall be notified by mail at least ten (10) calendar days prior to the hearing. c. An advertisement shall be placed in a newspaper at least ten (10) calendar days prior to the hearing. d. The historic preservation committee shall approve, deny or approve with conditions, subject to the acceptance of those conditions by the applicant. The historic preserva- tion committee may suspend action on the application for a period not to exceed thirty (30) days, in order to seek technical advice from outside its members, or to meet further with the applicant to revise or modify the application. e. The decision of the historic preservation committee shall be issued in writing. Evidence of approval shall be by certificate of appropriateness issued by the historic preservation committee or its designated staff. When an application is denied, the historic preservation comxnittee's notice shall provide an adequate written explanation of its decision. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-10.2-22. Demolition. (1) Demolition of a building, site, district, landscape feature, object, structure, earthwork, or such resource that has been designated as historic pursuant to this chapter or is located within an archaeological zone as defined in section 1-102-3 may occur only pursuant to an order of a government agency or a court of competent jurisdiction or pursuant to an approved application by the owner for a special certificate of appropriateness. (2) Government agencies having the authority to demolish unsafe structures shall receive notice of designation of buildings, sites, districts, landscape features, objects, structures, and archaeological sites or zones. The historic preservation committee shall be deemed an interested party and shall be entitled to receive notice of any public hearings conducted by said government agency regarding demolition of any property designated or documented as historic pursuant to this chapter. The historic preservation committee may make recommendations and suggestions to the government agency and the owner(s) relative to the feasibility of and the public interest in preserving the designated property. Supp. No. 70 506 HISTORIC PRESERUATION § 1-102-22 (3) No permit for voluntary demolition of a building, site, district, landscape feature, object, structure, earthwork, an archaeological site, or such resource that has been designated as historic pursuant to this chapter shall be issued to the owner(s) thereof until an application for a special certificate of appropriateness has been submitted and approved pursuant to the procedures in this section. Refusal by the historic preservation committee to grant a special certificate of appropriateness shall be evidenced by written order detailing the public interest which is sought to be preserved. The historic preservation committee shall be guided by the criteria contained in section 1-102-19. The historic preservation committee may grant a special certificate of appropriateness, which may provide for a delayed effective date of up to eighteen (18) months. The effective date shall be determined by the historic preservation committee based upon the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. During the demolition delay period, the historic preservation committee may take such steps as it deems necessary to preserve the structure concerned, in accordance with the purposes of this chapter. Such steps may include, but shall not be limited to, consultation with civic groups, public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one (1) or more structures or other features. (4) In addition to all other provisions of this section, the historic preservation committee shall consider the following criteria in evaluating applications for special certificates of appropriateness for the demolition of a historic building, site, landscape feature, object, structure, earthwork, or archaeological site. a. Whether the historic resource is of such interest or quality that it would reasonably meet national, state or local criteria for designation. b. Whether the historic resource is of such design, craftsmanship, or material that it could be reproduced only with great difficulty and/or expense. c. Whether the historic resource is one of the last remaining examples of its kind in the county or the region. d. Whether the historic resource contributes significantly to the historic character of a designated historic district. e. Whether retention of the historic resource promotes the general welfare of the county by providing an opportunity for study of local history, architecture and design or by developing an understanding of the importance and value of a particular culture and heritage. f. Whether there are definite plans for reuse of the property where the historic resource is located, if the proposed demolition is carried out, and what will be the effect of those plans on the character of the surrounding area. (Ord. No. 05-03, Pt. A, 8-2-2005) Supp. No. 70 507 § 1-102-23 ST. LUCIE COUNTY CODE Sec. 1-10.2-23. Economic hardship. (1) Where, by reason of particular site conditions and restraints, or because of unusual circumstances applicable solely to the particular applicant, strict enforcement of the provisions of this chapter would result in serious undue economic hardship to the applicant, the historic preservation committee shall recommend to the board whether it is appropriate to vary or modify adherence to this chapter; provided always that its requirements ensure harmony with the general purposes hereof and will not adversely affect St. Lucie County. (2) In any instance where there is a claim of undue economic hardship, the owner may submit, by affidavit, to the historic preservation committee at least fifteen (15) days prior to the public hearing, the following information: a. For all property: 1. The amount paid for the property, the date of purchase and the party from whom purchased; 2. The assessed value of the land and improvements thereon according to the two (2) most recent assessments; 3. Real estate taxes for the previous two (2) years; 4. Annual debt service, if any, for the previous two (2) years; 5. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with his purchase, financing or ownership of the property; 6. Any listing of the property for sale or rent, price asked and offers received, if any; 7. Any consideration by the owner as to profitable adaptive uses for the property; 8. An estimate of the cost of the proposed demolition or relocation; 9. A report from a licensed engineer or axchitect with experience in historic rehabilitation as to the structural soundness of the structure, and its suitability for relocation and/or rehabilitation, however, the county may retain an indepen- dent engineer and/or architect to review and approve the report; and 10. An estimate from an architect, developer, real estate consultant, appraiser or other professional as to the economic feasibility of the rehabilitation or adaptive use of the existing structure however, the county may retain an independent engineer and/or architect to review and approve the estimate. b. For income-producing property: 1. Annual gross income from the property for the previous two (2) years; 2. Itemized operating and maintenance expenses for the previous two (2) years; and 3. Annual cash flow, if any, for the previous two (2) years. Supp. No. 70 508 HISTORIC PRESERVATION § 1-102-25 (2) The historic preservation committee may require that an applicant furnish such additional information as the historic preservation committee believes is relevant to its determination of undue economic hardship and may provide in appropriate instances that such additional information be furnished under seal. In the event that any of the required information is not reasonably available to the applicant and cannot be obtained by the applicant, the applicant shall file with his/her affidavit a statement of the information that cannot be obtained and shall describe the reasons why such information cannot be obtained. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-10.2-24. Maintenance of designated properties. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any elements of any building, agricultural property, utility or structure which does not involve a change of design, appearance or material, and which does not require a building permit. (Ord. No. 05-03, Pt. A, 8-2-2005) AR,TICLE VI. CERTIFICATE TO DIG Sec. 1-102-25. Certificate to dig. (1) A certificate to dig is a type of certificate of appropriateness. Within an archaeological zone as defined in section 1-10.2-3, new construction, filling, digging, the removal of trees, or any other activity that may alter or reveal an archaeological site shall be prohibited without a certificate to dig. All applications to all appropriate county agencies involving new construction, demolition, large-scale digging, the removal of trees or any other activity that may reveal or disturb an archaeological site in an archaeological zone shall require a certificate to dig before approval. Based on a complete application for a certificate to dig and any additional guidelines the historic preservation committee may deem necessary, the staff of the historic preservation committee shall, within ten (10) days from the date the completed application has been filed, approve or deny the application for a certificate to dig by the owners of a property in a designated archaeological zone. The applicant shall have an opportunity to challenge the officer's decision by applying for a special certificate of appropriateness, within thirty (30) days of the officer's findings. Further, the applicant may also request that his/her application be classified as a special certificate of appropriateness so that the historic preservation committee will consider it. (2) The certificate to dig may be made subject to specified conditions, including but not limited to conditions regarding site excavation. In order to comply with the requirements of the certificate to dig, the applicant may be required to conduct an archaeological excavation by a professional archaeologist who meets the U.S. Secret¢ry of the Interior's Standards to conduct excavations and monitoring from the time of the approval of the certificate to dig until the effective date thereof. The findings of the officer shall be mailed to the applicant by registered Supp. No. 70 509 § 1-102-25 ST. LUCIE COLTNTY CODE mail promptly. The applicant shall have the opportunity to challenge the stafF decision or any conditions attached to the certificate to dig by filing a written notice of appeal to the historic preservation committee within thirty (30) days after receipt. (3) Approved certificates to dig. Approved certificates to dig shall contain an effective date not to exceed sixty (60) days, at which time the proposed activity may begin, unless the historic preservation committee decides to designate the site in question as an individual site or district. In that case, all the rules and regulations pertaining to the designation process shall apply from the date the designation report has been filed. (4) All work performed pursuant to the issuance of a certificate of appropriateness or certificate to dig shall conform to the requirements of such certificate. It shall be the duty of the appropriate government agencies and the staff of the historic preservation committee to inspect from time to time any work pursuant to such certificate to assure compliance. In the event work is performed not in accordance with such certificate, the historic preservation officer shall be empowered to issue a stop work order and all work shall cease. No person, firm or corporation shall undertake any work on such projects as long as such stop work order shall continue in effect. (Ord. No. 05-03, Pt. A, 8-2-2005) ARTICLE VII. APPEALS Sec. 1-10.2-26. Appeals. Within thirty (30) days of the written decision of the historic preservation committee, an aggrieved party may appeal the decision by filing a written notice of appeal with the clerk of the board of county commissioners. The notice of appeal shall state the decision which is being appealed, the grounds for the appeal, and a brief summary of the relief which is sought. Within sixty (60) days of the filing of the appeal or the first regular board meeting which is scheduled, whichever is later in time, the board shall conduct a public hearing at which time they may affirm, modify or reverse the decision of the historic preservation committee. Nothing contained herein shall preclude the board from seeking additional information prior to rendering a final decision. The decision of the board shall be in writing and a copy of the decision shall be forwarded to the historic preservation comxnittee and the appealing party. Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the board may appeal an adverse decision to the Circuit Court in and for St. Lucie County, Florida. (Ord. No. 05-03, Pt. A, 8-2-2005) Supp. No. 70 510 HISTORIC PRESERVATION § 1-102-29 AR,TICLE VIII. PENALTIES Sec. 1-102-27. Penalties. The provisions of this chapter may be enforced by the St. Lucie County Code Enforcement Board. This provision shall not preclude enforcement of this article in the circuit court or as otherwise authorized by law. (Ord. No. 05-03, Pt. A, 8-2-2005) ARTICLE IX. INCENTIVES Sec. 1-102-28. Incentive s. All properties designated as historic resources pursuant to this chapter shall be eligible, upon application by the owner(s), for any available financial assistance set aside for historic preservation by St. Lucie County contingent on the availability of funds and the scope of the project as described in the application. (Ord. No. 05-03, Pt. A, 8-2-2005) Sec. 1-102-29. Tax exemptions for rehabilitations to designated historic properties. (1) Scope of tax exemptions. A method is hereby created for the board, at its discretion, to allow tax exemptions for the restoration, renovation, or rehabilitation of historic resources. The exemption shall apply to one hundred (100) per cent of the assessed value of all improvements to historic properties which result from restoration, renovation, or rehabilita- tion made on or after the effective date of this chapter [January 6, 2006]. The exemption applies only to taxes levied by St. Lucie County. The exemption does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article VII of the Florida Constitution. The exemption does not apply to personal property. (2) Duration of tax exemptions. Any exemption granted under this section to a particular property shall remain in effect for ten (10) years. The board shall have the discretion to set a lesser term. The term of the exemption shall be specified in the ordinance approving the exemption. The duration of the exemption as established in the ordinance granting the exemption shall continue regardless of any change in the authority of the county to grant such exemptions or any change in ownership of the property. In order to retain an exemption, however, the historic character of the property, and improvements which qualified the property for an exemption, must be maintained in their historic state over the period for which the exemption was granted. (3) Eligible properties and improvements. Property is qualified for an exemption under this section if: a. At the time the exemption is granted the property: 1. Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or Supp. No. 70 511 § 1-102-29 ST. LUCIE COUNTY CODE 2. Is identified as a contributing property in a National Register of Historic Places listed district; 3. Is individually listed in the St. Lucie County Register of Historic Places pursuant to this chapter; 4. Is identified as a contributing property to a historic district, under the terms of the St. Lucie County Ordinance. b. The historic preservation committee has certified to the board that the property for which an exemption is requested satisfies subsubsection 1-10.2-28(a). (4) In order for an improvement to a historic property to qualify the property for an exemption, the improvement must: a. Be consistent with the U.S. Secretary of the Interior's Standards for Rehdbilitation; and b. Be determined by the St. Lucie Historic Preservation Committee to meet the criteria established in the Rule 1A-38, Florida Administratiue Code. c. The St. Lucie County Historic Preservation Committee has issued a special certificate of appropriates for the proposed improvements. (5) Applications. Any person, firm, or corporation that desires an ad valorem tax exemption for the improvement of a historic property must, in the year the exemption is desired to take effect, file with the board a written application on a form prescribed by the Department of State. The application must include the following information: a. The name of the property owner and the location of the historic property; b. A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of such improvements; c. Proof, to the satisfaction of the historic preservation committee, that the property that is to be rehabilitated or restored has been designated historic pursuant to this chapter; d. Proof, to the satisfaction of the historic preservation committee, that the improve- ments to the property will be consistent with the U.S. Secretary of Interior's Standards for Rehabilitation; e. Other information identified in appropriate Department of State regulations, or requested by the historic preservation committee; and f. A completed application for a special certificate of appropriateness for the qualifying restoration or rehabilitation. (6) Required covenant. To qualify for an exemption, the property owner must enter into a covenant or agreement with the board for the term for which the exemption is granted. The form of the covenant or agreement must be established by the Department of State and must require that the character of the property, and the qualifying improvements to the property, be maintained during the period that the exemption is granted. The covenant or agreement shall Supp. No. 70 512 ~ HISTORIC PRESERVATION § 1-102-29 be binding on the current property owner, transferees, and their heirs, successors, or assigns. Violation of the covenant or agreement results in the property owner being subject to the payment of the differences between the total amount of taxes which would have been due in March in each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total axnount of taxes actually paid in those years, plus interest on the difference calculated as provided in F.S. § 212.12(3). (7) The historic preservation committee, or its successor, is designated to review applica- tions for exemptions. The historic preservation committee must recommend that the board grant or deny the exemption. Such reviews must be conducted in accordance with rules adopted by the Department of State. The recommendation, and the reasons therefore, must be provided to the applicant and to the board before consideration of the application at an official meeting of the board. (8) Approval by board. A majority vote of the board shall be required to approve a written application for exemption. Such exemption shall take effect on the January 1 following substantial completion of the improvement. The board shall include the following in the resolution approving the written application for exemption: b. The name of the owner and the address of the historic property for which the exemption is granted; c. The period of time for which the exemption will remain in effect and the expiration date of the exemption; and d. A finding that the historic property meets the requirements of this chapter. (Ord. No. 05-03, Pt. A, 8-2-2005) Supp. No. 70 513 LICENSES, PERMITS, REGULATIONS § 1-12-27 Sec. 1-12-23. Economic development trust fund dedicated to economic develop- ment. The board shall distribute such proceeds of the occupational license tax that are placed in the St. Lucie County Economic Development ~ust Fund, plus accrued interest, to implement a comprehensive economic development strategy as determined by the board. (Ord. No. 00-06, Pt. A, 9-19-2000) Sec. 1-12-24. Lottery and gambling not authorized. No provision of this chapter shall be construed to authorize gambling or the operation of a lottery. (Ord. No. 00-06, Pt. A, 9-19-2000) Sec. 1-12-25. Exemptions. Exemptions shall be allowed as provided in Chapter 205, Florida Statutes, as it may be amended by the Florida Legislature. (Ord. No. 00-06, Pt. A, 9-19-2000) Sec. 1-12-26. Same-Farm, grove, horticultural, floricultural, tropical piscicultural and tropical fish farm products. (a) All farm, grove, horticultural, floricultural, tropical piscicultural and tropical fish farm products and products manufactured therefrom, except into~ucating liquors, wine or beer, shall be exempt from license tax, when the same is being offered for sale or sold by the farmer or grower producing such products. The management of wholesale farmers' produce markets shall have the right to pay a license tax of twenty-six dollars and twenty-five cents ($2625) that will entitle its stall tenants to deal in agricultural and horticultural products without obtaining individual licenses, but individual licenses shall be required of such tenants unless such license is obtained for the market. (b) Every person, other than nonprofit cooperative associations, engaged in the business of packing, processing or canning agricultural products not grown by him, shall for each place of business pay a license tax of eight dollars and su~ty-five cents ($8.65), plus one dollar and ninety cents ($1.90) for each five (5) persons employed thereat; provided such licenses shall not exceed twenty six dollars and twenty-five cents ($2625). (Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005) Sec. 1-12-27. Advertising space renters. Every person renting for profit advertising space in or on any boat, car, bus, truck or other vehicle shall pay a license tax of one dollar and ninety cents ($1.90) for each such boat, car, bus, truck or other vehicle operated by him. (Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005) Supp. No. 70 621 § 1-12-28 ST. LUCIE COUNTY CODE Sec. 1-12-28. Amusement devices. (a) Every person who operates for a profit any gaxne, amusement or recreational device, contrivance, or facility not otherwise licensed by some other law of the state shall pay a license tax of eight dollars and sixty-five cents ($8.65) on each such gaxne, amusement or recreational device, contrivance or facility. (b) Any person who operates any of the above devices for profit under the sponsorship of a merchant, hopping center or merchant's association, charitable, religious or educational institution shall be licensed under this section. This license shall be good for one location only; however, the licensee may return to the same location during the same license year without obtaining an additional license other than for any additional devices. (Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005) Sec. 1-12-29. Hotels, apartment hotels, motels, etc. (a) Every person engaged in the business of renting accommodations, except nontransiently rented apartment houses shall pay for each place of business an amount of seventy-five cents ($0.75) for each room. However, no such establishment shall pay less than eight dollars and sixty-five cents ($8.65) for such license. The room count to be used in this section shall be the same as used by the division of hotels and restaurants of the department of business regulation. (b) No license shall be issued to any business coming under the provisions of this section until a license has been procured for such business from the division of hotels and restaurants of the department of business regulation. (Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005) Sec. 1-12-30. Cafes, restaurants and other eating establishments. (a) Every person engaged in the business of operating a restaurant, cafe, snack bar, take out service, dining room, drive-in eating establishment or other public eating place, whether operated in conjunction with some other line of business or not, except dining rooms in licensed public lodging establishments shall pay a license tax based on the number of people for whom he has seats or accommodations for the service or consumption of food at any one time, in accordance with the following schedule: (1) Zero (0) to thirty (30) seats, nineteen dollars and sixty-five cents ($19.65). (2) Over thirty-one (31) seats, twenty-six dollars and twenty-five cents ($2625). (b) The seating capacity and classifications used by the division of hotels and restaurants of the department of business regulation shall be used in this section. (Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005) Supp. No. 70 622 LICENSES, PERMITS, REGULATIONS § 1-12-34 Sec. 1-12-31. Contracting. (a) Each person who contracts or sub-contracts to construct, alter, repair, dismantle or demolish buildings, roads, bridges, viaducts, sewers, water and gas mains or engages in the business of construction, alteration, repairing, dismantling or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains must obtain a license as a contractor. The license tax shall be determined by the maximum number of persons actually employed or to be employed during the license year in the county in which the work is performed and shall be at the following rate: (1) From one (1) to ten (10), eleven dollars and eighty cents ($11.80). (2) For eleven (11) to twenty (20), twenty-three dollars and sixty cents ($23.60). (3) Over twenty-one (21), twenty-six dollars and twenty-five cents ($26.25). (b) In deterxnining the number of persons employed, all principals shall be deemed employees and be included in the calculation. (Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005) Sec. 1-12-32. Insurance adjusters. All persons acting as insurance adjusters shall pay a license fee of eight dollars and sixty-five cents ($8.65). The provisions of this section shall not apply to insurance agents. (Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005) Sec. 1-12-33. Manufacturing, processing, quarrying and mining. (a) Every person engaged in the business of manufacturing, processing, quarrying or mining must obtain a license under this section. The amount of the license tax shall be determined by the maximum number of persons actually employed, or to be employed, during the license year in the county in which the work is performed and shall be at the following rates: (1) One (1) to ten (10) employees, nineteen dollars and sixty-five cents ($19.65). (2) Over eleven (11) employees, twenty-six dollars and twenty-five cents ($2625) (b) No license shall be required under this section where the manufacturing, processing, quarrying or mining is incidental to and part of some other business classification for which a license is required by this chapter and is carried on at the place of business licensed under such classification. (Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005) Sec. 1-12-34. Pawnbrokers. (a) Pawnbrokers shall keep a complete and true record of all transactions, showing from who each article of their stock was purchased or pledged, the date of the transaction and the date and to whom each article was sold, which record shall at all times be subject to the inspection of all police or peace officers. Supp. No. 70 623 § 1-12-34 ST. LUCIE COUNTY CODE (b) Any person violating the provisions of this section shall be guilty of a misdemeanor. (Ord. No. 00-06, Pt. A, 9-19-2000) Sec. 1-12-35. Pawnbrokers; reports to sheriff; penalty. Every person engaged in the business of pawnbrokers, licensed under section 1-12-34 of this article, shall make monthly reports to the St. Lucie County Sheriff of the information required to be maintained by such pawnbrokers under the provisions of such section, and any person failing to make such report shall be subject to the penalty provided in such section. Forms for the preparation of the reports required herein shall be prescribed and furnished by the St. Lucie County Sheriff. (Ord. No. 00-06, Pt. A, 9-19-2000) Sec. 1-12-36. General business. There is hereby created a new general business classification. Except as provided herein, every person engaged in a business in St. Lucie County shall pay a license tax of twenty-six dollars and twenty-five cents ($2625). Provided, however, that a business employing five (5) or less employees shall pay a tax of fifteen dollars and fifteen cents ($15.15). This will include every person engaged in the practice of any profession who offers his service either directly or indirectly to the public for a consideration whether or not such endeavor is required by law. Every person engaged in a profession, business or occupation regulated by law where licensing and qualification standards are required shall display and exhibit to the tax collector the license for the current year prior to the tax collector issuing an occupational license pursuant to this chapter. An occupational license shall not be required where a person, although licensed by law under a regulatory statute, is prohibited from engaging in a profession, business or occupation unless under the direct supervision of another person, individual or corporation. Every individual or group of individuals who operates a branch office, or any professional corporation which operates an office in which a profession is practiced, shall license each office in which the profession is practiced. (Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005) Sec. 1-12-37. R,etail store license. (a) For the privilege of conducting, engaging in and carrying on the business of a retailer as defined in this section, there is hereby levied and assessed upon every person or association of persons as herein defined, for each store located and operated within this state by such person or association of persons, an annual license tax in the sum of twenty-six dollars and twenty-five cents ($2625). (b) The following words, terms and phrases when used in this section have the meaning ascribed to them, except where the context clearly indicates a different meaning. Retailer includes every person engaged in the business of making sales at retail. Such term shall not include bulk plants or filling stations engaging principally in the sale of gasoline and other petroleum products; ice plants or ice dealers engaging principally in the sale of ice; Supp. No. 70 624 LICENSES, PERMITS, REGULATIONS § 1-12-39 bakeries and other manufacturing or processing plants selling on the products manufactured or processed therein; or restaurants, cafes, cafeterias, hotels and liquor stores; provided, however, that where food or intoxicating liquors are sold in connection with a principal business, but only incidental thereto, such principal business shall not be exempt from the license tax imposed therein; provided, further, that, incidental sales not otherwise excepted in this subsection made by a licensed wholesaler to consumers at wholesale rices, shall not be construed to be retail sales unless such sales exceed five (5) per cent of such wholesaler's total sale. Retail sale or sale at retail means any sale to a consumer or to any person for any purpose other than for resale in the form of tangible personal property; provided, that, no sale shall be construed to be a retail sale where goods, wares and merchandise are sold in wholesale quantities at wholesale prices by licensed wholesale dealers under standing orders or through outside salesmen as distinguished from sales of small packages at retail prices or is sold in wholesale quantities and at wholesale prices or is sold in wholesale quantities and at wholesale prices to any governmental institution, subdivision or agency. (Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005) Sec. 1-12-38. ~ading, etc., in tangible personal property. (a) Every person engaged in the business of trading, bartering, serving, or selling tangible personal property, as owner, agent, broker or otherwise, shall pay a license tax of nineteen dollars and sixty-five cents ($19.65) which shall entitle him to maintain one (1) place of business, stationary or movable, and shall pay fifteen dollars and seventy-five cents ($15.75) for each additional place of business; provided that the license for each bulk plant or depot of wholesale dealers in petroleum products shall be twenty-six dollars and twenty-five cents ($26.25). Vehicles used by any person for the sale and delivery of tangible personal property at wholesale from his established place of business on which a license is paid shall not be construed to be separate places of business, and no license may be levied on such vehicles or the operators thereof as salesmen or otherwise. (b) No license shall be required under this section where the trading, buying, bartering, serving or selling of tangible personal property is a necessary incident of some other business classification for which an occupational license is required by this article and is carried on at the place of business licensed under such other classification, nor shall this section apply to any person engaged in the sale of motor vehicles or principally in the sale at retail of gasoline and other petroleum products. (Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005) Sec. 1-12-39. Vending machines. (a) As used in this section, the following words shall have the meanings set forth in this subsection (a): Laundry equipment means any equipment necessary for the operation of a coin-operated laundry, including, washers, dryers, pressing or ironing machines and soap, bleach and laundry bag dispensing machines. Supp. No. 70 625 § 1-12-39 ST. LUCIE COUNTY CODE Merchandise vending mdchines means any machine, contrivance or device which is set in motion or made or permitted to function by the insertion of a coin, slug, token or paper currency and dispenses merchandise without the necessity of replenishing the device between each operation. Merchandise vending machine operator means any person who operates for a profit thirty-five (35) or more merchandise vending machines. Service vending machine means any machine, contrivance or device which is set in motion or made or permitted to function by the insertion of a coin, slub, token or paper currency and which dispenses some service or amusement. Service uending machine operator means any person who operates for a profit thirty-five (35) or more service vending machines. (1) Merchandise vending machines, eight dollars and sixty-five cents ($8.65) for each machine; provided that when any merchandise vending machine is located in and operated only in a place of busin.ess for which a license has been duly issued for trading, buying, bartering, serving or selling tangible personal property under this article or other laws of this state, the license tax thereon shall be three dollars and fifteen cents ($3.15) for each machine. (2) Merchandise vending machines operators, twenty-six dollars and twenty-five cents ($2625) for the privilege of engaging in such business and shall further pay an annual license tax of eighty-five cents ($0.85) for each machine. (3) Service vending machines, nine dollars and fifteen cents ($9.15) for each machine. (4) Service vending machine operators, twenty-six dollars and twenty-five cents ($2625) for the privilege of engaging in such business, and shall further pay an annual license tax of one dollar and eighty-five cents ($1.85) for each machine. (5) Laundry equipment, seventy-five cents ($0.75) for each piece of equipment. (6) Coin-operated radio, television and similar devices installed in businesses providing housing accommodations for the traveling public, thirteen dollars and sixty-five cents ($13.65) for coin-operated radios, television sets, vibrating mattresses or similar devices installed in guestrooms in hotels, tourist homes, tourist courts, rooming houses and other businesses providing housing accommodations for the traveling public, and further pay an annual license tax of thirty cents ($0.30) for each machine. (7) Penny vending machines, seventy-five cents ($0.75) for each machine. (c) The following vending machines and lockers are exempt from the tax provided by this section: (1) All vending machines which dispense only United States postage stamps, unadulter- ated Florida produced citrus juices or newspapers are hereby exempt from the payment of any excise or license tax levied by the state or any county, municipality or other taxing districts thereof. Supp. No. 70 626 LICENSES, PERMITS, REGULATIONS § 1-12-41 (2) Penny operated vending machines located in licensed places of business and dispens- ing only nuts, citrus juices and other food products. (3) Coin-operated parcel checking lockers and toilet locks used in railroad, bus, airport stations, or depots, and in hotels, boarding houses, restaurants and rest rooms for the convenience of the public. (Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005) Sec. 1-12-40. Reserved. Sec. 1-12-41. ~aveling junk dealers. Each person who travels from place to place purchasing junk shall pay a license t~ of nineteen dollars and sixty-five cents ($19.65) and shall, before leaving any municipality, submit to the appropriate law enforcement agency a list of the junk he has purchased, together with the names and permanent addresses of the persons from whom purchased. (Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005) Supp. No. 70 [The next page is 659] 627 Chapter 1-19.3 TAXATION* Art. I. In General, §§ 1-19.3-1-1-19.3-20 Art. II. Reserved, §§ 1-19.3-21-1-19.3-29 Art. III. Tourist Development Tax, §§ 1-19.3-30-1-19.3-40 .Ax't. IV. Local Option Gas Tag, §§ 1-19.3-41-1-19.3-50 Art. V. Economic Development Ad Valorem Tax Exemptions, 19.3-70 Art. VI. Discretionary Sales Surtax, §§ 1-19.3-71-1-19.3-80 Art. VII. Ninth Cent Gas Tax, §§ 1-19.3-81-1-19.3-84 Art. VIII. Additional Homestead Egemption for Persons 65 and 85-19-3.90 AR,TICLE I. IN GENERAI. Secs. 1-19.3-1-1-19.3-20. Reserved. AR,TICLE II. RESERVED-~ Secs. 1-19.3-21-1-19.3-29. Reserved. AR.TICLE III. TOUR.IST DEVELOPMENT TAX$ Sec. 1-19.3-30. Levy. §§ 1-19.3-51-1- Older, §§ 1-19.3- (a) Subject to the provisions of this article and F.S. § 125.014, there is hereby levied and imposed a tourist development tax at a rate of five (5) per cent of each dollar and major fraction of each dollar of the total consideration charged for each lease or dollar and major fraction of *Editor's note-Part A of Ord. No. 84-10, enacted June 19, 1984, and ratified by the electorate on Nov 6, 1984, amended the Code by adding thereto a new Ch. 1-19.5 containing substantive provisions designated as §§ 1-19.5-21-1-19.5-24. Inasmuch as the Code already contains provisions designated as Ch. 1-19.5, the new chapter promulgated by Ord. No. 84-10 has been included herein as Ch. 1-19.3, at the discretion of the editor. Cross references-Administration generally, Ch. 1-2; levying of ad valorem taxes in the independent special district to provide funds for children's services, § 1-6-36; licenses, permits, etc., Ch. 1-12; occupational license taxes, § 1-12-16 et seq.; municipal service taxing units, Ch. 1-13.5. ~'Editor's note-Part A of Ord. No. 86-07, enacted Mar. 4, 1986, repealed former Art. II in its entirety. The repealed provisions, §§ 1-19.3-21-1-19.3-24, which pertained to a criminal justice facility discretionary tax, derived from Pt. A of Ord. No. 84-10, enacted June 19, 1984. $Editor's note-Part A of Ord. No. 84-11, enacted July 3, 1984 and ratified by the electorate on Oct. 2, 1984, amended the Code by adding a new Art. III to the taxation chapter consisting of §§ 1-19.5-30 and 1-19.5-31. Inasmuch as the t~ation chapter was redesignated as Ch. 1-19.3 (see the editor's footnote at the beginning of this chapter), the provisions promulgated by Ord. No. 84-11, are included herein as §§ 1-19.3-30 and 1-19.3-31, at the discretion of the editor. Cross references-Tourism, Ch. 1-19.5; tourist development council, § 1-19.5-21 et seq. State law reference-Authority to levy tourist development t~, F.S. § 125.0104. Supp. No. 70 1035 § 1-19.3-30 ST. LUCIE COUNTY CODE each dollar of the total consideration charged for each lease or rental within St. Lucie County by every person who rents, leases, or lets for consideration any living quarters or accommo- dations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, roominghouse, mobile home park, recreational vehicle park, or condominium for a term of six (6) months or less, unless such persons rents, leases, or lets for consideration any living quarters or accommodations that are exempt according to the provisions of F.S. Ch. 212. (b) The tourist development tax shall be in addition to any other tax imposed pursuant to F.S. Ch. 212, and in addition to all other taxes and fees and the consideration for the rental or lease. (c) The tourist development tax shall be charged by the person receiving the consideration for the lease or rental, and it shall be collected from the lessee, tenant, or customer at the time of payment for the consideration for such lease or rental. (Ord. No. 84-11, Pt. A, 7-3-84; Ord. No. 86-09, Pt. A, 3-18-86; Ord. No. 87-82, Pt. A, 11-17-87; Ord. No. 91-02, Pt. A, 1-15-91; Ord. No. 97-14, Pt. A, 6-17-97; Ord. No. 02-36, Pt. A, 12-17-2002; Ord. No. 03-12, Pt. A, 1-28-2003) Sec. 1-19.3-31. Plan for tourist development. (a) Anticipated revenue. The tourist development tax shall be levied at a rate of four (4) per cent of each dollar at the total consideration charged for leases and rentals subject to the tax. The anticipated net tourist development tax revenue to be derived by St. Lucie County for the twenty-four (24) months following the initial levy of the two cent (2¢) tax is six hundred twenty-four thousand dollars ($624,000.00), less costs of administration as retained by the Florida Department of Revenue. (b) Bounddries for tax district. The district in which the tourist development tax is levied shall include the entirety of St. Lucie County. (c) Proposed uses of reuenue of the two (2) per cent tax. The proposed uses of the tourist development tax revenue from the two (2) per cent tourist development tax in the order of priority, are first, to provide a sports stadium and related facilities in St. Lucie County, and second, to promote and advertise tourism in St. Lucie County. (d) Expense allocation for two (2) per cent tax. The tourist development tax revenue from the two (2) per cent tourist development tax shall be allocated to providing a sports stadium and related facilities in St. Lucie County. (e) Proposed uses of revenue for the first additional one (1) per cent tax imposed by Ordinance No. 87-82 effective January 1, 1988. The proposed uses of the tourist development tax revenue for the first additional one (1) per cent tourist development tax imposed by Ordinance No. 87-82 are to promote and advertise tourism in St. Lucie County. (f) Expenses allocation for the first additional one (1) per cent tax imposed by Ordinance No. 87-82 shall be allocated to promoting and advertising tourism in St. Lucie County. Supp. No. 70 1036 TAXATION § 1-19.3-31 (g) Proposed uses of revenue for the second additional one (1) per cent tax imposed by Ordinance No. 02-36, effective February 1, 2003. The proposed uses of the tourist development tax revenue for the second additional one (1) per cent tourist development tax imposed by Ordinance No. 02-36 are to pay debt service on bonds issued to finance the construction, reconstruction or renovation of the St. Lucie County Sports Complex and to promote and advertise tourism in St. Lucie County and the State of Florida. (h) Expense allocation for the second additional one (1) per cent tax imposed by Ordinance No. 02-36, effective February 1, 2003. The tourist development tax revenue from the second additional one (1) per cent tourist development tax imposed by Ordinance No. 02-36 shall be allocated to pay debt service on bonds issued to finance the construction, reconstruction and renovation of the St. Lucie County Sports Complex and to promote and advertise tourism in St. Lucie County and the State of Florida. (i) Proposed uses of revenues for the third additional one (1) per cent tax imposed by Ordinance No. 03-12. The proposed uses of the tourist development tax revenue for the third additional one (1) per cent tourist development tax imposed by Ordinance No. 03-12 are to pay debt service on bonds issued to finance the construction, reconstruction or renovation of the St. Lucie County Sports Complex and to promote and advertise tourism in St. Lucie County and the State of Florida. (j) Expense allocation for the third additional one (1) per cent tax imposed by Ordinance No. 03-12. Sixty-seven (67) per cent of the tourist development tax revenue from the third additional one (1) per cent tax shall be allocated to pay debt service on bonds issued to finance the construction, reconstruction or renovation of the St. Lucie County Sports Complex. The remaining thirty-three (33) per cent of the tourist development tax revenue from the third additional one (1) per cent tax shall only be allocated for capital facilities that promote tourism located in the St. Lucie County Fairgrounds and the area north of Midway Road. Five hundred thousand dollars ($500,000.00) plus interest of the remaining thirty-three (33) per cent of the tourist tax revenue from the third additional one (1) per cent t~ shall be allocated to construct a covered equestrian arena at the St. Lucie County Fairgrounds. Since the imposition of the third additional one (1) per cent tax requires approval of a majority plus one of the membership of the board of county commissioners, the language concerning the expense allocation set out in this subsection shall not be modified except upon approval by a majority plus one of the membership of the board of county commissioners. (Ord. No. 84-11, Pt. A, 7-3-84; Ord. No. 87-82, Pt. A, 11-17-87; Ord. No. 91-02, Pt. A, 1-15-91; Ord. No. 97-14, Pt. A, 6-17-97; Ord. No. 02-36, Pt A, 12-17-2002; Ord. No. 03-12, Pt. A, 1-28-2003) Supp. No. 70 1036.1 TRAFFIC § 1-20-32 Sec. 1-20-30. Regulation of parking on road rights-of-way owned or leased by state. No person shall park a vehicle in an area designated and marked by the state department of transportation as a no parking area. (Ord. No. 90-34, Pt. A, 12-4-90) Sec. 1-20-31. Enforcement. (a) A deputy sheriff or parking enforcement specialist who discovers a vehicle parked in violation of this division shall issue a parking ticket approved for use by the board of county commissioners and shall attach the ticket to the vehicle in a conspicuous place. The parking ticket shall contain language providing notice of the following: (1) The type of violation and the amount of civil penalty imposed. (2) The procedures to be followed in either paying the civil penalty or electing not to pay such civil penalty and requesting a hearing before a county judge concerning the parking violation. (3) The penalty for failure to comply with directions contained on the citation. (b) The deputy sheriff or parking enforcement specialist shall determine the registered owner of the vehicle for which a parking ticket has been issued and shall complete the parking ticket form. The original copy of the parking ticket form shall be forwarded to the clerk when completed for processing. (Ord. No. 90-34, Pt. A, 12-4-90) Sec. 1-20-32. Civil penalties. (a) Any person who stops, parks, or stands a vehicle in violation of the term of section 1-20-27 of this division shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of two hundred fifty dollars ($250.00) dollars. ~vo dollars ($2.00) dollars of this penalty shall be credited to the Criminal Justice ~ust Fund of St. Lucie County pursuant to F.S. § 938.15. One hundred fifty dollars ($150.00) of this penalty shall be used to provide funds for a physically disabled accessibility and public awareness program as follows: (1) One-third (~/s) to defray expenses for administration of the prograxn. (2) ~vo-thirds ~2~3) to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons in the county and to provide funds to conduct public awareness programs in the county concerning physically disabled persons. (b) Any person who stops, parks, or stands a vehicle in violation of the term of section 1-20-28 of this division shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of thirty-two dollars ($32.00). (c) Any person who stops, parks, or stands a vehicle in violation of the term of section 1-20-29 or 1-20-30 of this division shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of thirty-two dollars ($32.00). Supp. No. 70 1~75 § 1-20-32 ST. LUCIE COUNTY CODE (d) Each day any violation occurs or continues shall be a separate offense. (e) The amount of any civil penalty specified in this section shall be increased by twelve dollars ($12.00) if payment is not received by the clerk within the described fourteen-day period after the date of mailing of the notice issued pursuant to the terms of subsection 1-20-33(c). (f~ The owner of a vehicle is responsible and liable for payment of any parking ticket violations unless the owner can furnish evidence that the vehicle was, at the time of the parking violation, in the care, custody, or control of another person. In such instances, the owner of the vehicle is required, no later than fourteen (14) days after the day that the certified notice of the parking violation is mailed pursuant to subsection 1-20-33(d), to furnish to the appropriate law enforcement authority issuing the ticket, the name and address of the person or company who leased, rented, or otherwise had the care, custody, or control of the vehicle. The owner of a vehicle is not responsible for parking ticket violations if the vehicle involved, was at the time, stolen or in the care, custody, or control of some person who did not have permission of the owner to use the vehicle. The person who is charged with a violation of this section may not be convicted if, pxior to or at the time of his court or hearing appearance, he produces in court or to the clerk in which the charge is pending proof that at the time the parking ticket was issued, the vehicle was stolen or in the case, custody, or control of some person who did not have permission of the owner to use the vehicle. The clerk is authorized to dismiss such case at any time prior to the defendant's appearance in court. The clerk may assess a fee of five dollars ($5.00) for dismissing the case under this section. (g) The clerk of the court shall supply the department of highway safety and motor vehicles with a magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department, listing persons who have any outstanding violations of F.S. §§ 316.1955 and 316.1956, or any similar local ordinance regulating parking in spaces designated for use by disabled persons. (h) The amount of any civil penalty specified in this section shall be increased by five dollars ($5.00) for the purpose of funding school crossing guard programs. Such money shall be deposited in a newly created School Crossing Guard Trust Fund. Such fund shall also be used to fund start-up costs and recurring administrative costs related to printing new tickets or other means of implementing the school crossing guard programs. Funds collected from the surcharge shall be distributed quarterly to fund the school crossing guard training programs. (Ord. No. 90-34, Pt. A, 12-4-90; Ord. No. 91-19, Pt. B, 9-24-91; Ord. No. 92-07, Pt. A, 1-21-92; Ord. No. 92-25, Pt. A, 10-20-92; Ord. No. 04-025, Pt. A, 7-13-2004) Sec. 1-20-33. Procedures governing payment of civil penalties and proceedings to enforce payment for county parking violations. (a) Any person issued a county parking ticket, pursuant to section 1-20-31, shall answer the ticket by either of the following procedures within a ten-day period which begins to run on the day immediately following the day that the ticket is issued: (1) Payment of the civil penalty indicated on the ticket may be remitted to the clerk, pursuant to the directions of such ticket, which civil penalty is subject to increase pursuant to the terms of this division, or Supp. No. 70 1076 TRAFFIC § 1-20-34 (2) A hearing may be requested by the person receiving such citation or the cited vehicle's registered owner for the purpose of presenting evidence before a county judge concerning a parking violation. Any person requesting a hearing shall execute a statement on a form prepared by the clerk indicating his or her willingness to appear at such hearing at a time and place specified thereon. (b) Any election to request the hearing constitutes a waiver of the right to pay the civil penalty indicated on the parking ticket, and a county judge, after the hearing, may impose a fine not to exceed one hundred dollars ($100.00), plus court costs for each parking violation. (c) Upon receipt of a completed parking ticket submitted by a deputy sheriff or parking enforcement specialist, pursuant to section 1-20-31 of this division, the clerk shall notify the registered owner first listed on such ticket of its issuance if there has been no response pursuant to paragraph (a) of this section. Such notice shall be sent by regular mail and shall inform the registered owner concerning the nature and location of the parking violation and direct compliance with either of the alternatives specified in paragraph (a) of this section within a fourteen-day period which begins to run on the day immediately following the day that the notice is mailed, according to the records maintained by the clerk. (d) If payment of the civil penalty is not received or a hearing is not requested within the fourteen-day period after the notice described in paragraph (c) of this section and such notice is not returned as undeliverable by the U.S. Postal Service, the clerk shall send similar notice to the owner by certified mail requiring compliance with either of the alternatives specified in paragraph (a) of this section within a fourteen-day period which begins to run on the day immediately following the day that the notice is mailed according to the records maintained by the clerk. (e) If the clerk receives proof of delivery of the notice mailed by certified mail, pursuant to paragraph four of this section, and payment of the civil penalty is not received or a hearing requested within the fourteen-day period specified therein, the clerk shall cause the registered owner first listed on the parking ticket to be served in accordance with the Florida Rules of Civil Procedure with a summons requiring attendance at a hearing at a time and place specified in such order. A county judge, after the hearing, shall make a determination as to whether or not a parking violation has been committed and may impose a fine not to exceed one hundred dollars ($100.00), plus court costs. (f~ If the last day of a time period described above falls on a Saturday, Sunday, or legal holiday, the time period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. (Ord. No. 90-34, Pt. A, 12-4-90) Sec. 1-20-34. Jurisdiction. The terms of this division shall be applicable in the unincorporated areas of the county and in areas owned or leased by the county, which are located within the boundaries of chartered municipalities. (Ord. No. 90-34, Pt. A, 12-4-90) Supp. No. 70 1077 § 1-20-35 ST. LUCIE COUNTY CODE Secs. 1-20-35-1-20-40. R.eserved. DIVISION 3. RESTRICTIONS ON HEAVY VEHICLES AND EQUIPMENT IN RESIDENTIAL DISTR,ICTS* Sec. 1-20-41. De~nitions. As used in this division, the following terms shall have the meanings indicated: Commercial vehicle shall mean any vehicle designed, used or maintained primarily for the transportation of property with a gross vehicular weight of ten thousand (10,000) pounds or more. It shall be presumed that any vehicle having a tax class of 40 to 44, both inclusive, is a "commercial vehicle" as defined herein. *Editor's note-Part A of Ord. No. 90-34, adopted Dec. 4, 1990, renumbered Div 2, §§ 1-20-26-1-20-33, as Div. 3, §§ 1-20-41-1-20-47, to allow for inclusion of a new Div. 2. Cross references-Noise control, Ch. 1-13.8; building and equipment moving, § 1-17-40 et seq; truck weight limits established for certain roads, § 1-20-3. Supp. No. 70 1078 CODE DISPOSITION TABLE Ordinance Num- ber Subject Section 03-12 Amends section 1-19.3-30, Pt. A Levy of Tourist Development Tax, and section 1-19.3-31, Plan for Tourist Develop- ment Tax 03-024 Amends section 1-7.9-06, Pt. A Computation of Fire/EMS Protection Impact Fee 03-30 Amends Chapter 1-18; Cre- Pt. A ates section 1-18-3, Designa- tion of Chief Correctional Of- ficer 03-34 Amends Chapter 1-20, sec- Pt. A tion 1-20-17, Parking Re- stricted on Certain Streets 03-35 Amends Chapter 1-13.8, Pt. A Noise Control 03-36 Establishes an Exemption Arts.I-V from CertainAd Valorem Tax- ation for Mirabella Yachts, Inc. (Editor's note) 04-014 Amends Chapter 1-15, Arti- Pt. A cle II, section 1-15-17, Hours of Operation 04-017 Amends Chapter 1-16, Arti- Pt. A cle III, sections 1-16-42, Or- Pt. B ganization; 1-16-45, Duties- Collection of data, etc. 04-018 Amends Chapter 1-15, Arti- Pt. A cle II, sections 1-15-18, Pres- ervation of Building and Other Property; 1-15-19, Overnight Camping; 1-15- 26, Group Functions; 1-15- 27, Permits 04-005 Creates sections 1-18-03-1- Pt. A 18-19 04-022 Amends sections 1-7-1-1- Pt. A 7-7, Court Costs 04-024 Creates section 1-7-8, Impo- sition of Surcharge for State Court Facilities, and section 1-7-9, Disposition and Ac- counting of State Court Fa- cilities Funds from Surcharge Supp. No. 70 3752.9 Disposition 1-19.3-30,1-19.3-31 1-7.9-06 Added 1-18-3 1-20-17 1-13.8-18 Ch. 1-19.3, Art. V 1-15-17 1-16-42 1-16-45 1-15-18, 1-15-19 1-15-26, 1-15-27 Added 1-18-03-1-18-19 1-7-1-1-7-7 Added 1-7-8, 1-7-9 ST. LUCIE COUNTY CODE Ordinance Num- ber Subject Section 04-025 Amends section 1-20-32, Civil Pt. A Penalties for Parking, Stop- ping, Standing Parking ~o- lations 04-026 Amends section 1-9-71, Res- Pt. A idential Property 04-027 Amends section 1-20-17, Pt. A Parking Restricted on Cer- tain Streets 04-028 Amends section 1-20-17, Pt. A Parking Restricted on Cer- tain Streets 05-014 Axnends sections 1-12-26-1- Pt. A 12-41, Occupational License Taxes 05-017 Creates sactions 1-6.5-150- Pt. A 1-6.5-153, Creekside Commu- nity Development District 05-026 Amends section 1-7-3, Court Pt. A Costs for Law Enforcement Training, and section 1-7-10, Court Costs for Administra- tion of Teen Court Programs 05-027 Amends section 1-9-71, Col- Pt. A lection of Solid Waste-Res- idential Property 05-03 Creates Chapter 1-10.3, His- Pt. A toric Preservation, sections 1-102-1-1-102-29 05-031 Amends section 1-7-9, Dispo- sition and Accounting of State Court Facilities Funds from Surcharge Disposition 1-20-32 1-9-71 1-20-17 1-20-17 1-12-26-1-12-41 Added 1-6.5-150-1-6.5- 153 1-7-3, 1-7-10 1-9-71 Added 1-10.2-1-1- 102-29 1-7-9 Supp. No. 70 3752.10 STATLJ'I'ORY REFERENCE TABLE f This table shows the location within this Code, either in the text or notes following the text, of references to the state law or related matters. FL Constitution Section this Code ~. V 1-7-1 Art. VII, § 6(b) 1-7.6-31 Art. VII, § 9(b) 1-13.5-4, 1-13.5-9 Art. VIII 1-6.5-51(b), 1-7.9-1(b), 1-11-11(b), 1-15-31(b), 1-16.3-11(b), 1-17-25 Art. VIII, § 1(f~ 1-3-10, 1-6.5-51(c), 1-17-25 Art. X, § 4 1-6.8-26, 2-6-18 F.A.C. Section this Code Ch. 1B-2 1-11-5 Ch. 9J-5 1-16-21 Ch. 10-9 1-7.6-34(a)(1) Ch. lOD-4 1-7.6-34(a)(3) Ch. lOD-6 1-7.6-34(a)(3) lOD-6.52 1-10-21(a) Ch. lOD-10 1-7.6-34(a)(1) Ch. lOD-66 1-12.5-3, 1-12.5-7, 1-12.5-9 lOD-66.61 1-12.5-13 Ch. 17-3 1-7.6-34(a)(3) Ch. 17-4 1-7.6-34(a)(3) Ch. 17-7 1-7.6-34(a)(4), 1-10-21(a) 1-10-23(a), (d) Ch. 17-22 1-20.5-13(b) 17-550.310 1-20.5-151 17-550.320 1-20.5-151 17-555.325 1-20.5-151 17-555.520 1-20.5-151 Ch. 40E-21 Ch. 1-20.5, Art. II, 1-20.5-36, 1-20.5-38 Ch. 91-37.004 1-10.5-37 F.S. Section Section this Code 1.01(3) 1-17-1(a) 2824 1-7-5 29.008(3)(a) 1-7-3 30.55 1-18-1 34.07 1-2-27.5(e) Ch. 2-10, Art. II(note) 39.01 1-6-16 4328 1-16.3-11(c) Ch. 48 1-4-20(c)(4) Ch. 50 1-2-272(b)(1)a. 50.041 1-2-27.2(b) 50.051 1-2-272(b)(2) Ch. 73 1-6.5-83 1-6.5-93 Supp. No. 70 3827 ST. LUCIE COUNTY CODE F.S. Section Ch. 74 86-437 100211-100291 100.342 112 112.061 112.08 112215 119 Ch. 125 125.01 125.01(e) 125.01(~ 125.01(k) 125.014 125.01(m) 125.01(n) 125.01(1)(c) 125.01(1)(fl 125.01(1)(j) 125.01(1)(k) 125.01(1)(m) 125.01(1)(n) 125.01(1)(q) 125.01(1)(0), (w) 125.0104 125.0104(3)(a) 125.0104(3)(g) 125.0104(5) 125.0104(8) 125.0104(10) Section this Code 1-6.5-103 1-6.5-113 2-6-1 2-9-25 1-6.5-83 1-6.5-93 1-6.5-103 1-6.5-113 2-6-1 2-9-25 1-4-26 2-1-2 1-19.3-75 2-9-34 1-6-34(d), 2-9-19, 2-15-6 2-1-31 1-14.5-21 2-9-34 1-6.3, Art. N 1-7-20, 1-6.5-51(b), 1-7.9-1(b), 1-11-11, 1-15-31, 1-16.3-11, 1-17-25, 1-19.3-54 Ch. 1-2.5(note) Ch. 1-6.5, 1-6.5-21 Ch. 1-2.3 1-11-1 Ch. 1-10, Art. II(note), 1-19.3-30 Ch. 1-7.6, Art. II(note) Ch. 1-2.3, Art. II 1-12.5-2 1-16.3-11(c) Ch. 1-11(note), 1-11-11(c), 1-15-31(c) Ch. 1-15(note) Ch. 2-6(note) Ch. 1-9(note) Ch. 1-17(note) 1-20-17(note) Ch. 1-13.3, Art. II(note) Ch. 1-17(note) 1-3-10 1-19.3-30, 1-19.3-31, 1-19.3-32(fl 1-19.3-32(c) 1-19.3-32(a) 1-19.3-32(a) 1-19.3-32(d) 1-19.3-32(a) Supp. No. 70 3828 ~ F.S. Section 125.031 125.35 125.35(3) 125.69 125.69(a) 125.70-125.74 125.5801 125.901 Ch. 129 156.601 et seq. 161.053 Ch. 162 Ch. 162, Pt. II Ch. 163 163.3161 et seq. 163.3161-163.3211 163.3178 163.3201 163.3202 163.3202(3) Ch. 177 186.901 Ch. 189 Ch. 190 190.005 190.012(1)(b) Ch. 192 192.091(2)(b)2 Ch. 196 196295 Ch. 197 197.322 197.363 STATUTORY REFERENCE TABLE Section this Code 2-1-2 2-1-3 1-162-1 1-3-17(b), 1-5.5-59(c), 1-7.6-38, 1-7.8-17, 1-13.8-21 1-6.3-55 Ch. 2-1, Art. II(note) 1-2-67 1-2-68 1-6-38 1-13.5-4 1-10.5-21 1-7.6-53 1-5-10, 1-6-46 1-2-27.5 1-6.5-52(d), 1-7.9-2(c) 1-17-26(c), 1-19.3-54 1-16-16, 1-16-21 1-20.56-4(3) 1-6 1-7.9-1(b), 1-11-11, 1-15-31, 1-16.3-11, 1-16.3-12 1-6.5-51(b) 1-18-03 1-6.5-52(d),1-11-11, 1-11-12, 1-15-31, 1-15-32, 1-16.3-11, 1-17-26(c) 1-7.9-1(b) 1-18-03 1-5.5-10 1-12-22(1) 2-6-17 2-9-20 2-9-22 2-9-34 1-6.5-24 1-6.5-83 1-6.5-93 1-6.5-103 1-6.5-113 Ch. 1-6.5, Art. III, 1-6.5-21 1-6.5-153 1-19.3-54 1-13.5-10(i)(3) 1-19.3-54 1-6.5-57(b) 1-13.5-10(i), 2-6-23 1-13.5-10(i) 1-13.5-10(i)(6) Supp. No. 70 3829 ST. LUCIE COUNTY CODE F.S. Section 197.3632 197.3635 Ch. 206 Ch. 212 Ch. 212, Pt. I 212.03 212.054 212.054(2)(b) 212.055(2) 212A55(2)(c) 212.12(3) Ch. 214 218.62 220.15(5) Ch. 252 Ch. 257 Ch. 286 Ch. 287 287.055 287.055(2)(j) 287.055(10)(c) Ch. 293 Ch. 294 Ch. 316 316.003(75) 316.006(3) 316.008 316.008(6) 316.0261 316.121 316.189(2) 316.193 316.194 316.1958 316.660 3162065(3)(d), (16) 318.14(9), (10) 318.18(1~318.18(6) 318.18(11)(c) 318.18(13) 31821 320.0848 320.084 320.0842 320.0843 320.0845 Section this Code 1-13.5-6(g), 1-13.5-7, 1-13.5-10(i), 1-13.5-11 1-9-71 1-13.5-6(g), 1-13.7-7, 1-13.5-10(i), 1-13.5-11 1-19.3-41, 1-19.3-81 1-19.3-30-1-19.3-32 1-19.3-54, 1-19.3-32(b) 1-19.3-30 1-19.3-71 1-19.3-54 1-19.3-51, 1-19.3-71 1-19.3-72 1-19.3-55, 1-19.3-73 1-102-29 1-19.3-54 1-19.3-55, 1-19.3-73 1-19.3-55 Ch. 1-6.3, Art. IV 1-11-3, 1-11-5 1-6.8-25 2-9-34 1-2-41 1-2-48(b) 1-2-48(a) 1-2-45 1-7-3 1-7-3 1-13.8-19(1)(e), 1-7-8 1-20-6 Ch. 1-20(note) Ch. 1-20(note) 1-18-2 Ch. 1-20(note) Ch. 1-20(note) 1-20-1 1-7-22(a), 1-13.3-20 1-20-16 1-2.3-22, 1-20-26, 1-20-27 1-7-8 1-20-61 1-7-8 1-7-8 1-7-1 1-7-8 1-7-8 1-2.3-22 1-20-26, 1-20-27 1-20-26, 1-20-27 1-20-26, 1-20-27 1-20-26, 1-20-27 Supp. No. 70 3830 STATLTTORY REFERENCE TABLE F.S. Section Section this Code Ch. 324 1-13.3-20 Ch. 327 1-7.6-38 327.60(2) Ch. 1-7.6, Art. II(note) 327.72, 327.73 1-5-10 Ch. 334-336 1-17-25 334.03(7) 1-17-34 336.021 1-17.3-81 336.025 1-19.3-41 336.025(4) 1-19.3-42(a) 336.025(5)(b) 1-19.3-42(b) 341.102 1-13.3-17 344.03(13),(18) 1-17-34 365.171(13) 1-2-2 370.08(2) 1-8-1 Ch. 380 1-6.5-52(d), 1-7.9-2(c) 380.03 Ch. 1-16(note) 380.06 1-6.5-73, 1-7.9-8(a), 1-11-18(a), 1-15- 38(a), 1-16.3-18(a) 1-18-10 380.06(15) 1-17-25 380.06(16) 1-6.5-52(d), 1-6.5-57(d), 1-7.9-8(c), 1-11-11, 1-11-18(c), 1-15-32, 1-15-38(c), 1-16.3-12, 1-16.3-18(c), 1-17-26(c) 1-18-10(c) 380.061 1-6.5-73 Ch. 381 1-7.6-34(a)(3) 381.031(1)(g)(3) Ch. 1-9(note) Ch. 386 1-7.6-34(a)(3) 386.01 1-4-16 388 2-9-17(a) 388.201 2-9-20 2-9-22 2-9-24 2-9-25 2-9-27 2-9-34 388221 2-9-31 Ch. 395 1-12.5-3, 1-12.5-6, 1-12.5-7, 1-12.5-9 Ch. 401 1-12.5-1, 1-12.5-7, 1-12.5-9, 1-12.5-17 40125 1-12.5-3 401255(1) Ch. 1-10, Art. II(note) 401255(2)(c) 1-10-22(c)(1) 401255(2)(d) 1-10-22(c)(2) 401255(2)(g) 1-10-22(c)(5) 401255(2)(h) 1-10-22(c)(6) 40126(2) 1-10-22(c)(6) 401281 1-10-22(c)(3) 401.44 1-2.5-3 Ch. 403 1-7.6-34(a)(3), 1-13.8-19(1)(e) 403.707(12)(j) 1-9-51 420.9072 Ch. 1-10.5, Art. N Supp. No. 70 3831 ST. LUCIE COUNTY CODE F.S. Section Section this Code Ch. 470 1-9-51 Ch. 471 1-2-47, 2-5-3 471.023 1-2-47 474.202 2-3-31(e) Ch. 481 1-2-47, 2-5-3 481219 1-2-47 481229(1)(b) 2-5-3 481.319 1-2-47 Ch. 489 1-6.8-22, 2-5-5, 2-5-20 489.105(4), (5) 1-6.8-22 489.119 1-2-47 489.131 2-5-4(g) Ch. 501 Ch. 1-6.3, Art. IV Ch. 538, Pt. I 1-14-30 538.03(1)(a) 1-14-30 561.01(4)(b) 1-3-5 561.01(15) 1-3-1 Ch. 527 2-5-3 Ch. 562 1-7-22(a) Ch. 567 1-7-22(a) Ch. 568 1-7-22(a) Ch. 569 1-6-42, 1-6-43 Ch. 588 1-4-22 Ch. 679, Pt. V 1-14-33 696.05 2-1-4 Ch. 713 2-5-20 767.10-767.14 1-4-20(a) 767.11(1) 1-4-20(c) 767.13 1-4-20(i) 775.08 1-4-26, 2-3-33, 2-6.5-16 775.082 1-4-20(g), (i), 1-6.8-23 1-2-27.5(d) 775.083 1-4-20(g), (i), 1-6.8-23 1-2-27.5(d) 775.084 1-4-20(i) 790.07 1-7.8-19(c)(1) 791.013 1-7.9-18(e) Ch. 796 1-13.3-20 806.101 1-2.5-3 823.14 1-4-16 Ch. 828 2-3-34 828.05 1-4-23 828.055 1-4-23 828.058 1-4-23 82827 1-4-27 82827(2) 1-4-24(d) 837.06 1-7.8-17(p) 847.07(2) 1-14-2 847.09(1) 1-14-2 847.013(4) 1-14-2 856.011 1-7-22(a) Supp. No. 70 3832 F.S. Section 856.015 865.09 Ch. 893 893.02 893.13 893.165 938.01(1) 938.15 939.18 943.10 943.12 94325(4) 94325(13) 993.02 1013.33 1013.36 Laws of Fla. 57-1790 71-895 85-255 87-239, § 2 ch. 2000-138 ch. 2002-20, § 98 Supp. No. 70 STATLJTORY REFERENCE TABLE Section this Code 1-7-22(a) 2-5-9 1-7-21, 1-7-22, 1-7.8-17(h), 1-7.8-19(d) 1-13.3-20 1-7-20, 1-7-22(a) 1-7-20 1-7-1 1-7-1 1-7-6.5 2-3-3 1(e) 1-20-26 1-7-1 1-20-32 1-13.3-24 1-6.5-5 1(b), 1-6.5-52(c) 1-6.5-5 1(b) Section this Code 1-7-6 1-7-6 1-7-8(a) 1-19.3-51, 1-19.3-55 1-14-30 1-7-30 [The next page is 3849] 3833 CODE INDEX Section A ABANDONMENT Abandoned property, garbage, trash, junk and debris ....... 1-9-16 et seq. See: GAR,BAGE, TRASH AND REFUSE ACCIDENTS Airports and aircraft; regulations of vehicular traffic ........ 1-2.3-39 AD VALOREM TAX. See: TAXATION ADMINISTRATOR. See: COUNTY ADMINISTRATOR ADVERTISING Advertising space renters ....................................... 1-12-27 Handbill distribution regulations Definitions ...................................................... 1-14-22 Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-14-21 Enforcement .................................................... 1-14-25 Exemptions ..................................................... 1-14-24 Residential premises, distribution on ........................ 1-14-23 Promotion of county, advertising for . .. . ... ... ........ .... ..... 2-2-1 Referendum on sale surt~ advertisement .................... 1-19.3-75 AGENCIES. See: DEPAR,TMENTS AND OTHER AGENCIES OF COUNTY AGREEMENTS. See: CONTRACTS AND AGREEMENTS AIR BOATS Savannahs, airboats prohibited in .............................. 2-4-1 AIR POLLUTION Generally .......................................................... 2-9-1 AIRPORTS AND AIRCR,AFT Definitions ........................................................ 1-2.3-1 Preserves; use of aircraft ........................................ 1-15-29 Vehicular traffic and parking Accidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2.3-39 Airport movement area, authority to operate vehicular traffic on ................................................... 1-2.3-28 Certain vehicular traffic prohibited .......................... 1-2.3-25 Contractor's access and operations on airport movement area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2.3-41 Disabled persons, parking for ........ .................. ...... 1-2.3-22 Emergency vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entry to airport movement area or restrict d 1-2.3-36 e areas ....... 1-2.3-26 Generally ....................................................... 1-2.3-17 Identification card and pouch ................................ 1-2.3-27 Motor vehicle and operator licenses Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2.3-21 Operator's license ........................................... 1-2 3-33 Occupants of vehicles ......... . .... ............................ Operations near aircraft . 1-2.3-37 ...................................... 1-2.3-31 Supp. No. 70 3849 ST. LUCIE COUNTY CODE Section AIRPORTS AND AIRCRAF'r (Cont'dJ Parking for certain purposes prohibited . .. . . .. . . . . . . .. . .. . . . 1-2.3-20 Parking on airport movement area . . . . .. .. .. .. . . . . . .. . . .. . . . 1-2.3-38 Reckless driving ................................................ 1-2.3-34 Restricted use zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2.3-23 Runways and taxiways, crossing ............................. 1-2.3-30 Service and repair of motor vehicles on airport movement area ......................................................... 1-2.3-40 Stopping or parking prohibited ... .......... ................ .. 1-2.3-18 ~vo-way radio requirements . .. . . .. . . . . . . . . . . . .. .. . . . . . . . . . .. 1-2.3-32 Vehicle speed ................................................... 1-2.3-24 Vehicles not to obstruct traffic ................................ 1-2.3-19 Yielding to aircraft ............................................. 1-2.3-29 ALARM SYSTEMS Alarm permit Application ...................................................... 1-2.8-9 Fee-nontransferable ........................................... 1-2.5-11 Issuance ......................................................... 1-2.5-11 Required ........................................................ 1-2.5-8 Automatic dialing service Interconnection to trunk line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2.5-4 Operating instruction service ................................. 1-2.5-5 Definitions ........................................................ 1-2.5-3 E-9 11 system ...................................................... 1-2-2 Equipment operation and maintenance ........................ 1-2.5-7 Excessive false alarm signals Disbursement of service charges . . . .. . . . . .. . . . . . .. .. .. . .. . . . . 1-2.5-14 False alarm dispatch charge; collection ..................... 1-2.5-13 Generally ....................................................... 1-2.5-1 2 Law enforcement agencies and/or fire department Direct connections to .......................................... 1-2.5-6 Purpose ............................................................ 1-2.5-1 Short title ......................................................... 1-2.5-1 ALCOHOLIC BEVERAGES Alcohol and other drug abuse trust funds . . .. . .. . . . . . . .. . .. . .. 1-7-20 et seq. County property, on . .. .. .. . . . . . .. . . .. . . . . . .. .. .. . . .. . .. . . . . . . . . . . 1-15-23 Hours of sale regulated .......................................... 1-3-1 Open containers, regulated Definitions ...................................................... 1-3-5 Inapplicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3-7 Motor vehicles Possession or consumption prohibited .................... 1-3-6 Specified sexual activities in commercial establishments Certain activities prohibited .................................. 1-3-14 Definitions ...................................................... 1-3-13 Dressing rooms, use of ........................................ 1-3-1 5(b) Hotel or motel bedrooms or suites ......................... 1-3-15(c) Restrooms, use of ............................................ 1-3-1 5(a) Exemptions ..................................................... 1-3-15 Supp. No. 70 3850 CODEINDEX Section CIVIL DEFENSE AND EMERGENCY MANAGEMENT (Cont'dJ Prohibitions against price gouging ........................... 1-6.3-54 Title; authoritY; Aurpose ...................................... 1-6.3-51 CLUBS Persons defined to include ....................................... 1-1-2 CODE ENFORCEMENT BOARD Action for money judgments under this chapter; limitation. 1-2-27.3 Appeals . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . .. .. . . . . . . . . . . 1-2-27.1 Calling and conduct of hearings . .. .............. .. ... .... .... .. 1-2-23 Definitions ........................................................ 1-2-20 Enforcement procedure . .. .... . .. ............ ... .... ........ ... .. 1-2-22 Lien, duration ..................................................... 1-2-26 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-272 Organization . . . . . . . . .. . . .. . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . .. . . . . . . . . 1-2-21 Penalty for failure to comply with order ....................... 1-2-25 Powers ............................................................. 1-2-24 Provisions of article supplemental .............................. 1-2-27.4 Supplemental county enforcement procedures . . . . .. . . . . . . .. . . 1-2-27.5 CODE OF ORDINANCES* Altering Code ..................................................... 1-1-7 Catchlines ......................................................... 1-1-4 Cited ............................................................... 1-1-1 Definitions ........................................................ 1-1-2 Designated ........................................................ 1-1-1 General penalty ................................................... 1-1-8 Jurisdiction ....................................................... 1-1-6 Officers and employees not liable to fine for failure to perform duties ............................................... 1-1-9 Ordinances and resolutions not affected by Code ............. 1-1-3 Repeal of ordinances, effect of .................................. 1-1-5 Rules of construction ............................................. 1-1-2 Severability of parts of Code ....... .. .. .... . .......... .... . .. ... 1-1-10 COMMISSIONERSAND COMMITTEES. See: DEPARTMENTS AND OTHER AGENCIES OF COUNTY COMMUNITY DEVELOPMENT Creekside Community Development District Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-151 Established; name ............................................. 1-6.5-150 Initial board of supervisors ................................... 1-6.5-152 Special conditions .............................................. 1-6.5-153 Educational facilities impact fee Appeals .......................................................... 1-6.5-62 *Note-The adoption, amendment, repeal, omissions, effective date, explana- tion 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. Supp. No. 70 3857 ST. LUCIE COUNTY CODE Section COMMUNITY DEVELOPMENT (Cont'dJ Authority, applicability ........................................ 1-6.5-51 Definitions ...................................................... 1-6.5-54 Exemptions ..................................................... 1-6.5-60 Fee schedule .................................................... 1-6.5-56 Funds, use of ................................................... 1-6.5-58 Imposition of ................................................... 1-6.5-55 Intents, purposes ............................................... 1-6.5-52 Payment of fee; credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-57 Refund of fees paid ............................................ 1-6.5-59 Review .......................................................... 1-6.5-6 1 Rules of construction .......................................... 1-6.5-53 Schedule ........................................................ 1-6.5-56 Short title ....................................................... 1-6.5-5 1 Lake Lucie Community Development District Boundaries ...................................................... 1-6.5-3 2 Established ..................................................... 1-6.5-3 1 Initial board of supervisors ............... ... ............... .. 1-6.5-33 Special conditions .............................................. 1-6.5-34 Pine Valley Community Development District Authority for adoption of provisions . . . . .. .. . . . . .. .. . .. . . .. . . 1-6.5-21 Established; boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-22 Governance by Florida Statutes .............................. 1-6.5-24 Name ............................................................ 1-6.5-23 Portofino Shores Community Development District Boundaries ...................................................... 1-6.5-14 1 Established; name ............................................ 1-6.5-140 Initial board of supervisors ................................... 1-6.5-142 Special conditions .............................................. 1-6.5-143 Reserve Community Development District Boundaries ...................................................... 1-6.5-36 Established ..................................................... 1-6.5-3 5 Initial board of supervisors ....... ... ........ ........... ...... 1-6.5-37 Name ............................................................ 1-6.5-3 5 Special conditions .............................................. 1-6.5-38 Reserve community development district #2 Boundaries ...................................................... 1-6.5-7 1 Established; name ............................................. 1-6.5-70 Initial board of supervisors . ................. ............... .. 1-6.5-72 Special conditions .............................................. 1-6.5-73 Westchester community development districts No. 1 Boundaries ................................................... 1-6.5-8 1 Established; name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-80 Initial board of supervisors ................................. 1-6.5-82 Special conditions ........................................... 1-6.5-83 No. 2 Boundaries ................................................... 1-6.5-9 1 Established; name ........................................... 1-6.5-90 Initial board of supervisors ................................. 1-6.5-92 Supp. No. 70 3858 CODE INDEX Section COMMUNITY DEVELOPMENT (Cont'dJ Special conditions ........................................... 1-6.5-93 No. 3 Boundaries .... ... ........ ..... ....... ... .. .. . .. ...... .. ...... 1-6.5-101 Established; name ........................................... 1-6.5-100 Initial board of supervisors . ............... ........ .. ....... 1-6.5-102 Special conditions ........................................... 1-6.5-103 No. 4 Boundaries ................................................... 1-6.5-111 Established; name ........................................... 1-6.5-110 Initial board of supervisors . ........ ... .... ........ ... ...... 1-6.5-112 Special conditions ........................................... 1-6.5-113 COMPENSATION PROGRAM. See: OFFICERS AND EMPLOY- EES COMPILED LAWS Compilation of special acts .. ..... .. ....... ........ .............. 2-1-1 et seq. COMPREHENSIVE PLAN Provisions enumerated ........................................... 1-16-16 et seq. See: PLANNING CONSTRUCTION. See also: BUILDINGS Drainage facilities, construction of . . . . . . .. . . .. . . . . . . . . . .. . . . . . . On-site sewage disposal systems 2-6-1 Construction of on Hutchinson Island . . . . . . . . . . . . . . . . . . . . . . . 1-7.6-42 Zoning and building regulations; construction permit re- quired ......................................................... 2-14-40 CONTRACTORS Airports and aircraft, vehicular access requirements re ..... 1-2.3-41 Licensing and examination of construction contractors ...... 2-5-1 et seq. See: BUILDINGS Occupational license taxes and regulations ................... 1-12-31 Private contractors, certain Criminal history record checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-68 CONTRACTORS (Unlicensed) Appellate review .................................................. 1-6.8-27 Civil penalties; collection and recovery of ....... ..... ......... 1-6.8-26 Civil penalties in citations; schedule of . . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-29 Definitions ........................................................ 1-6.8-22 Enforcement procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-24 Hearings; board ................................................... 1-6.8-25 Supplemental nature of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-28 Uncertified/unregistered/unlicensed contractors program ... 1-6.8-21 ~olations .......................................................... 1-6.8-23 CONTRACTS AND AGREEMENTS Contracts with other governmental units ..................... 2-1-1 Criminal justice facilities, certification of contract for ....... 1-19.3-23 Supp. No. 70 3859 ST. LUCIE COUNTY CODE Section CONTRACTS AND AGREEMENTS (Cont'd.) Deferred compensation program; execution of participation agreements ................................................... 1-14.5-23 Design-build contracts ........................................... 1-2-45 et seq. See: PURCHASING Lobbyist registration and reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-61 et seq. See: LOBBYIST REGISTRATION AND REPORTING Local housing assistance program interlocal agreement..... 1-10.5-44 Municipal service taxing unit ................................... 1-13.5-9 Ordinances and resolutions not affected by Code ............. 1-1-3 Purchasing, provisions re. See: PURCHASING St. Lucie County erosion district; contract ... ................. 2-6-32 Solid waste collection service agreements ............... ...... 1-9-91 et seq. Special improvements sexvice district; contracts ............. 1-17-19 CORPORATIONS Persons defined to include ....................................... 1-1-2 COUNTY ADMINISTRATOR Appeals ............................................................ 1-6.5-62 Duties .............................................................. 2-1-17 Educational facilities impact fee review .. ............... ...... 1-6.5-61 Employment authorized ......................................... 2-1-16 Payments declared to be for county purpose ................ .. 2-1-18 COLTNTY COMMISSIONERS Allowance to board members for travel ........................ 1-14.5-1 Appeals ............................................................ 1-6.5-62 Educational facilities impact fee review ............. .......... 1-6.5-61 14~affic 1~irning movements ........................................... 1-20-6 COUNTY TOiTRIST DEVELOPMENT COITNCIL. See: TOUR- ISM COUR,TS Additional court costs Allocation ....................................................... 1-7-3 Assessment ..................................................... 1-7-2 Law enforcement training .................................... 1-7-1 Quarterly reports required; priority; indigency ............. 1-7-4 Alcohol and other drug abuse trust fund Authority for enactment of article ... ........... ............. 1-7-20 Creation of fund; accounting . .. . . . . .. . .. .. . .. . .. . .. .. .. .. . .. . . 1-7-22 Definitions .. . . . . .. .. . .. . . . . . . .. . .. .. ... . .. . . . . . .. .. . . . .. . . .. . . .. 1-7-21 Expenditures ................................................... 1-7-23 Assessment of court costs to be used for the operation and administration of teen court programs .................. .. 1-7-10 Civil traffic infraction fund ...................................... 1-7-7 Disposition of Accounting by clerk of the court .. . .. . .. . .. .. . .. . .. . .. .. . .. . . 1-7-9 Law library funds .............................................. 1-7-5 Supp. No. 70 3860 CODEINDEX Section COUR,TS (Cont'dJ Legal aid fund .................................................. 1-7-6 State court facilities funds from the surcharge ............. 1-7-g Surcharge for state court facilities, imposition of .......... 1-7-g Driver education safety trust fund Authority for enactment of article ... ..... .. ... ..... ...... ... 1-7-30 Creation of fund; accounting ... ... .... ........... ........... .. 1-7-32 Definitions . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . .. 1-7-31 Expenditures ............ ... ....... ..... .. ...... ....... ....... .. 1-7-33 CRIME Authority to offer rewards for ................................... 1-2-1 Persons violating laws or ordinances D DEBRIS. See: GARBAGE, TRASH AND REFUSE DEPARTMENTS AND OTHER AGENCIES OF COUNTY Affordable housing advisory committee ........................ 1-10.5-42 Board of county commissioners. See: COUNTY COMMIS- SIONERS Children's services council ...................................... 1-6-33 et seq. See: MINORS Code enforcement board . .. .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . .. . . . 1-2-19 et seq. See: CODE ENFORCEMENT BOAR,D Construction contractors; examining boards ..... ........ ... .. 2-5-4 Contractors (unlicensed); hearing board . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-25 Historic preservation committee ................................1-102-6 et seq. See: HISTORIC PRESERVATION Historical commission ............................................ 1-16-41 et seq. Law library; board of trustees .................................. 2-10-16 Library advisory board .......................................... 1-11-4 Planning and zoning commission Zoning and building regulations ............................. 2-14-33 et seq. See: PLANNING Professional services committee ................................ 1-2-49(c) Purchasing department .......................................... 1-2-28 et seq. See: PURCHASING Reserve community development district #2 board of super- visors .......................................................... 1-6.5-72 School board Educational facilities impact fee .... ........... ........ ...... 1-6.5-61 St. Lucie County Environmental Control Board . . . . . .. .. . . . . . 1-7.6-1 et seq. See: ENVIRONMENTAL CONTROL St. Lucie County erosion district; authority to create depart- ments ......................................................... 2-6-34 Tourist development council ..................................... 1-19.5-21 et seq. See: TOURISM Supp. No. 70 3861 ST. LUCIE COUNTY CODE Section DEPARTMENTS AND OTHER AGENCIES OF COUNTY (Cont'd.) Westchester community development districts No. 1, Board of supervisors . .. . .. . .. . . . .. . .. . .. . . . . . . . .. . .. .. . 1-6.5-82 No. 2, Board of supervisors .. . . .. . .. .. . . . . .. . .. .. . .. . .. .. .. . .. 1-6.5-92 No. 3, Board of supervisors ...................... ............. 1-6.5-102 No. 4, Board of supervisors ....... ............................ 1-6.5-112 DEVELOPMENT Economic development ad valorem tax exemptions .......... 1-19.3-51 et seq. See: TAXATION Impact fees. See also that subject Lake Lucie Community Development District .. .. .. . .. . .. .. . . 1-6.5-31 et seq. See: COMMiJNITY DEVELOPMENT Ordinances and resolutions not affected by Code ............. 1-1-3 Fine Valley Community Development District . . . . . . . . . . . . . . . . 1-6.5-21 et seq. See: COMMUNITY DEVELOPMENT Planning. See also that subject Reserve Community Development District . . . . . . . . . . . . . . . . . . . . 1-6.5-35 et seq. See: COMMUNITY DEVELOPMENT Tourist development council ..................................... 1-19.5-21 et seq. See: TOURISM Tourist development tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-19.3-30 et seq. See: TOURISM Westchester community development districts Numbers 1-4 ....................................................1-6.5-80 et seq. See: COMMiJNITY DEVELOPMENT DISABLED PERSONS. See: HANDICAPPED PERSONS DISASTERS. See: EMERGENCIES DISTRICTS Beach preservation act Preservation districts, authority to establish; election..... 2-12-24 Preservation districts, establishment ........................ 2-12-25 Fire/EMS protection impact fee district .. ............... ...... 1-7.9-11 See: FIRE PROTECTION Lake Lucie Coxnxnunity Development District .. . .. .. . .. . .. .. . 1-6.5-31 et seq. See: COMMUNITY DEVELOPMENT Law enforcement impact fee district created .........:........ 1-18-13 Libraries impact fee districts ................................... 1-11-22 Parks impact fee districts ....................................... 1-15-41 Portofino Shores Community Development District. ......... 1-6.5-140 et seq. See: COMMiTNITY DEVELOPMENT Public buildings impact fee districts ........................... 1-16.3-21 Reserve Community Development District . . . . . . . . . . . . . . . . . . . .1-6.5-35 et seq. See: COMMiJNITY DEVELOPMENT Supp. No. 70 3862 CODEINDEX Section DISTRICTS (Cont'd.) Special improvement service district Roads and bridges ............................................. 1-17-16 et seq. See: ROADS AND BRIDGES St. Lucie County erosion district ............................... 2-6-16 et seq. See: DRAINAGE AND EROSION CONTROL St. Lucie County mosquito control district .................... 2-9-16 et seq. See: HEALTH AND SANITATION Street lighting district Public improvements .......................................... 2-16-16 et seq. Westchester community development districts Numbers 1-4 ........... .......................................1-6.5-80 et seq. See: COMMUNITY DEVELOPMENT DOGS Beaches, on ........................................................ 1-15-25 Generally...... ........................................... 2-3-16 et seq. See: ANIMALS AND FOWL DR,AINAGE AND EROSION CONTROL Drainage facilities, construction of . . .. . . .. . . . . . . . . . .. . . . . . . . . . . 2-6-1 Flood damage prevention ........................................ 108.5-1 et seq. See: FLOOD DAMAGE PREVENTION St. Lucie County erosion district Bondholders' rights, protection of ............................ 2-6-36 Bonds Authority to issue ........... .. .. ............. .. ... ........ .. 2-6-24 Contractors may be used to pay . . . . . . . . . . .. . . .. .. . . . . . . . .. 2-6-29 Disposition of proceeds .......... ............... ........... .. 2-6-25 Effect of failure to challenge . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . 2-6-26 Legal investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-28 Nature . . . . . .. .. . . . . . . . . . . . .. .. . . . . . . . . . . . .. .. . . . . . . . . . . . .. . . . . 2-6-27 Notice prior to issuance ..................................... 2-6-26 Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-27 Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-20 Contracts ........................................................ 2-6-32 Conveyance of property to district Advance of expenses ..... .................. ............ ... .. 2-6-33 Created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-19 Definitions ...................................................... 2-6-18 Departments, authority to create .................. ........ .. 2-6-34 District board's powers ........................................ 2-6-22 Effect of other laws ............................................ 2-6-38 Governing body ...... ....... ............... .................... 2-6-21 Intent ............................................................ 2-6-17 Legislative findings Division into zones .......................................... 2-6-23 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-31 Non-ad valorem assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-23.1 Property exempt from judgments ............... ............. 2-6-35 Supp. No. 70 3863 ST. LUCIE COUNTY CODE Section DRAINAGE AND EROSION CONTROL (Cont'd.) Public function essential Exercise of powers constitutes . . .. . .... . .. . ... . . . . .. .. . .. .. 2-6-37 Purchase or procurement of commodities or services ...... 2-6-30 Purpose ......................................................... 2-6-17 ~tle ............................................................. 2-6-16 St. Lucie River (North Fork) Applicability of provisions ........... ............... .......... 1-7.5-25 Destruction of certain types of vegetation Permit required for ....... ........... ............... ......... 1-7.5-22 Findings; purpose of provisions ...... ........... ............. 1-7.5-21 Management and conservation practice plan Approval required . . . . .. . . .. . . . . . . . . . . . .. . . . . .. . .. .. . . . . . . . . . 1-7.5-24 Submission by applicant required . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.5-23 Vegetation, certain types of Permit required to destroy . . . . . .. .. . . . . . . . .. .. . . .. . . . . . . . .. 1-7.5-22 Violations Failure of owner to restore property Restoration by county; cost to become lien on property 1-7.5-29 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.5-27 Remedies, additional ........................................ 1-7.5-28 Work done in violation of provisions Power of building department to order cessation ........ 1-7.5-26 DROUGHT PREVENTION MEASURES Water shortage plan .............................................. 1-20.5-35 et seq. See: WATER AND SEWERS DRUGS Alcohol and other drug abuse trust fund .. . . . . . . . .. .. .. .. . .. . . 1-7-20 et seq. See: COURTS E E-911 SYSTEM Budget ............................................................. 1-2-2(d) Collection of fee; payment of administrative fee for collection 1-2-2(e) Indemnification ................................................... 1-2-2~~ Local option fee ................................................... 1-2-2(b) Public purpose .................................................... 1-2-2(a) Separate fund ..................................................... 1-2-2(c) EATING ESTABLISHMENTS Alcoholic beverages Waiver provisions for business selling or transferring alcoholic beverage as accessory to an eating place .... 1-3-4 Occupational license taxes and regulations ................... 1-12-30 supp. No. 70 3864 CODE INDEX Section ECONOMIC DEVELOPMENT AD VALOREM TAX Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-19.3-51 et seq. See: TAXATION EDUCATIONAL FACILITIES IMPACT FEE. See: COMMU- NITY DEVELOPMENT ELECTIONS Referendum re sale surtax .......... .. .. ........... ........... .. 1-19.3-74 St. Lucie County mosquito control district; bonds Election ......................................................... 2-9-33, 2-9-34 EMERGENCIES Airports and aircraft, provisions re emergency vehicles ... .. 1-2.3-36 Emergency medical transport services .........................1-12.5-1 et seq. See: LIFE SUPPORT SERVICES Fire/EMS protection impact fee ................................. 1-7.9-5 et seq. See: FIRE PROTECTION Historic preservation Emergency actions ............................................. 1-102-15 Licensing and examination of construction contractors Certificate of competency Temporary suspension during a hurricane, tornado or other disaster ........................................... 2-5-22 Price gouging during emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-6.3-51 et seq. See: CIVIL DEFENSE AND EMERGENCY MANAGE- MENT Water shortage plan; declaration of emergency ............... 1-20.5-39 EMPLOYEES. See: OFFICERS AND EMPLOYEES ENVIRONMENTAL CONTROL Compiled laws Appeals .......................................................... 2-6.5-11 Construction in relation to other law . . . . . . . . . . . . . . . . . . . . . . . . 2-6.5-20 Definitions ...................................................... 2-6.5-3 Effective date ................................................... 2-6.5-24 Electric facilities exempted ... ...................... ... ....... 2-6.5-23 Enforcement Civil, procedure .............................................. 2-6.5-15 Criminal, procedure ......................................... 1-6.5-13 Hearing board orders and injunctive relief ............... 2-6.5-15 Environmental control board Appointment ................................................. 2-6.5-6 Duties and powers ........................................... 2-6.5-5, 2-6.5-7 Organization ................................................. 2-6.5-4 Environmental control officer Appeals from actions or decisions of ...................... 2-6.5-11 Exemptions ..................................................... 2-6.5-8 Electric facilities ............................................. 2-6.5-23 Supp. No. 70 3865 ST. LUCIE COUNTY CODE Section ENVIRONMENTAL CONTROL (Cont'd.) Fines Civil fines to be liens ........................................ 2-6.5-18 Health department Powers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6.5-21 Hearing board Duties and powers ........................................... 2-6.5-10 Enforcement of orders and injunctive relief .............. 2-6.5-15 Organization ................................................. 2-6.5-9 Intent ............................................................ 2-6.5-2 Judicial review ................................................. 2-6.5-12 Legislative intent .............................................. 2-6.5-2 Liens Civil fines to be liens ........................................ 2-6.5-18 Severability ..................................................... 2-6.5-22 Short title ....................................................... 2-6.5-1 Subpoena Refusal to obey .............................................. 2-6.5-19 Violations, penalties Civil fines to be liens ........................................ 2-6.5-18 Civil penalties ............................................... 2-6.5-17 Crixninal penalties ........................................... 2-6.5-16 Marine sanitation Definitions ...................................................... 1-7.6-3 1 Enforcement .................................................... 1-7.6-36 Exceptions ...................................................... 1-7.6-38 Marina sanitation facilities Existing marinas ............................................ 1-7.6-3 4(b) Required ...................................................... 1-7.6-3 4(a) Mooring restrictions ........................................... 1-7.6-33 Pump-out receipt requirement .............. ............... .. 1-7.6-35 Statement of purpose .......................................... 1-7.6-30 Unlawful discharges ........................................... 1-7.6-3 2 Violations and penalties ....................................... 1-7.6-3 7 On-site sewage disposal systems on Hutchinson Island Administrative waiver ......................................... 1-7.6-43 Definitions ...................................................... 1-7.6-40 Mandatory hookups for existing systems to central sewer- age systems ................................................ 1-7.6-4 1 Prohibition of construction of systems ....................... 1-7.6-42 Administrative waiver ...................................... 1-7.6-43 Violations; penalties; enforcement ........................... 1-7.6-44 Sludge, septage and sewage disposal Enforcement by environmental control hearing board..... 1-10-24 EROSION. See: DRAINAGE AND EROSION CONTR,OL EXCRETA Animal owner's responsibility ................................... 1-4-23(fl Supp. No. 70 3866 CODEINDEX Section F FABERS COVE Use of seines ...................................................... 2-7-5 FAIR HOUSING. See: HOUSING FAR.M PRODUCTS Occupational license tax and regulations ...................... 1-12-26 FINANCES Affordable housing assistance trust fund ...................... 1-10.5-39 Alcohol and other drug abuse trust fund . . . . . . .. . . . . . . . . . . . . . . 1-7-20 et seq. See: COURTS Children's services, applicable provisions re .................. 1-6-35 et seq. See: MINORS Design-build contracts ........... ..... .. . .. ...... ... ........ .. . .. 1-2-45 et seq. See: PURCHASING Driver education safety trust fund ......... ....... ... .... ...... 1-7-30 et seq. E-911 system, local option fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-2 Fire/EMS protection impact fee ................................. 1-7.9-5 et seq. See: FIRE PROTECTION Historic preservation trust fund . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . 1-10.2-4 Law enforcement impact fee .................................... 1-18-03 et seq. Ordinances and resolutions not affected by Code ............. 1-1-3 FIRE DEPAR,TMENT Alarm system, direct connection ................................ 1-2.5-6 Fire protection .................................................... 1-7.9-1 et seq. FIRE HYDRANTS Installation standards ........................................... 1-20.5-1 FIRE LANES Parking prohibition ....... .. . .. .. .......... ..... ........... ...... 1-20-28 FIRE PROTECTION Appeals .. . .. .... .... ........... ........... .. .. ....... .... .......... 1-7.9-16 Applicability ...................................................... 1-7.9-1 Authority .......................................................... 1-7.9-1 Definitions ........................................................ 1-7.9-4 Fire/EMS protection impact fee Automatic adjustment ......................................... 1-7.9-17 Computation of amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.9-6 Credits .......................................................... 1-7.9-8 General. ................................................ 1-7.9-8(b) General standards for issuing ............. ........... ...... 1-7.9-8(d) Relationship of fee to developments of regional impact . 1-7.9-8(c) Scope .......................................................... 1-7.9-8(a) Specific standards ........................................... 1-7.9-8(e) ~me of claim ................................................ 1-7.9-8(~ Waiver ........................................................ 1-7.9-8(fl District created ................................................. 1-7.9-11 Exemptions . . . . .. . .. .. .. . .. . . . . . . .. . . . . . . .. . .. .. .. . .. . .. .. . .. . . . 1-7.9-15 Supp. No. 70 3866.1 ST. LUCIE COLTNTY CODE Section FIRE PROTECTION (Cont'd.) Imposition ...................................................... 1-7.9-5 Payment ........................................................ 1-7.9-7 Refund of fees paid ............................................ 1-7.9-14 Review .......................................................... 1-7.9-17 Trust fund established ........................................ 1-7.9-12 Supp. No. 70 38662 CODE INDEX Section HEALTH AND SANITATION (Cont'd.) Power to do all things necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-27 Power to perform work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-32 Public nuisance declaration ................................... 2-9-28 HISTORICAL COMMISSION Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16-41 et seq. See: PLANNING HISTORIC PRESERVATION Appeals .. ... ...... .. ...... . ........ .... ... ........ .. . ........ ...... 1-102-26 Certificate of appropriateness Demolition .. ......... ........... ........... .... ...... ........... 1-10.2-22 Designated properties, maintenance of ...................... 1-102-24 Economic hardship ............................................. 1-102-23 Forms and fees . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 1-102-17 Pre-application conference . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . 1-102-18 Required ........................................................ 1-102-16 Review and issuance, standards for ......................... 1-102-19 Special . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.2-21 Standard . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . .. 1-102-20 Certificate to dig .................................................. 1-102-25 Definitions ........................................................ 1-102-3 Designation process and procedure Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10 2-13 Emergency actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-102-15 Historic designation, procedures for ... ............. ... ...... 1-102-14 Historic preservation committee Composition; qualification of inembers . . .. . . . . . . . . . . . . . . . . . . 1-102-7 Creation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-102-6 Functions, powers and duties ................................ 1-102-12 Meetings, records .............................................. 1-102-10 Organization .................................................... 1-102-9 Rules and regulations ......................................... 1-102-11 Term; removal .................................................. 1-102-8 Historic preservation officer Appointment and duties ...................................... 1-10.2-5 Incentives Designated historic properties, tax exemptions for rehabil- itations to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-102-29 Generally ....................................................... 1-102-28 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10 2-2 7 Purpose . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . 1-102-2 Short title ......................................................... 1-102-1 Trust fund ......................................................... 1-102-4 HORTICULTURAL PRODUCTS Occupational license taxes; exemptions ........................ 1-12-26 HOTELS Alcoholic beverage establishments; sexual activities ... .. .. .. 1-3-15(c) Occupational license taxes and regulations ................... 1-12-29 Supp. No. 70 3$71 ST. LUCIE COUNTY CODE Section HOUSE NAMING AND NLTMBERING. See: STREET AND HOUSE NAMING AND NUMBERING HOUSING Fair housing Additional remedies ........................................... 1-10.5-33 Administrator; authority and responsibilities .............. 1-10.5-31 Complaints ..................................................... 1-10.5-32 Definitions . . . .. .. . .. .. .. . .. . .. . . . . .. . .. . . . . . . . . . ... . .. .. .. . . . . . . 1-10.5-26 Discriminatory housing practices Brokerage services, provisions of . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-29 Financing of housing ..... ................................... 1-10.5-28 Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-27 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-34 Exemptions . . . .. .. .. . .. . . . .. . .. . . .. . . .. . . . . . ... . .. . . . . . . . . . . .. . . 1-10.5-30 Policy declared ....................................... .......... 1-10.5-25 Public information . . . . . . . . . . .. . . .. . . . . .. .. . .. . . .. . .. . .. . . . . . . . . 1-10.5-34 Violations and penalties ....................................... 1-10.5-35 Housing finance authority Authority for enactment of provisions . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-21 Cre ation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-23 Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10.5-22 Powers .......................................................... 1-10.5-24 State housing initiatives partnership program Affordable housing advisory committee ..................... 1-10.5-42 Affordable housing assistance trust fund ................... 1-10.5-39 AuthoritY, Purpose .......... ... ............... ............... .. 1-10.5-37 City delegated to adxninister local housing assistance program . . . . . .. .. .. .. . .. . .. . .. . . .. .. . . . . . . . .. .. .. .. . . . . . . . . . 1-10.5-41 Definitions . . . . . . . .. .. . . . . . .. . .. . .. .. .. .. . .. . .. . .. .. .. . . . . . . . . . .. 1-10.5-38 Funds, distribution of .. ... ............ ... ............ ......... 1-10.5-43 Interlocal agreement .......................................... 1-10.5-44 Local housing assistance program and partnership........ 1-10.5-40 Title ............................................................. 1-10.5-36 HLTMANE SOCIETY Dogs; impoundment Agreements with humane society authorized ............... 2-3-19 HUNTING Animals engaged in sport of ................... ................. 1-4-21 County property, on ............................................ .. 1-15-20 ~affic; hunting from county roads restricted . . . . . . . . . . . . . . . . . 1-20-2 HLTTCHINSON ISLAND On-site sewage disposal systems on Hutchinson Island ..... 1-7.6-40 et seq. See: ENVIRONMENTAL CONTROL IMPACT FEES Educational facilities impact fee ................................1-6.5-51 et seq. See: COMMI7NITY DEVELOPMENT Supp. No. 70 3872 CODE INDEX Section IMPACT FEES (Cont'd.) Fire/EMS protection impact fee ................................. 1-7.9-5 et seq. See: FIRE PROTECTION Law enforcement impact fee .................................... 1-18-03 et seq. Libraries impact fee .............................................. 1-11-11 et seq. See: LIBRARY Park impact fee ................................................... Planning. See also that subject 1-15-31 et seq. Public buildings impact fee ...................................... 1-16.3-11 et seq. Roads impact fees .... . ........ ........ .. . ........... ........ .. 1-17-25 et seq. See: ROADS AND BRIDGES IMPOUNDMENT Dogs; impoundment authorized ................................. 2-3-18 Humane society, agreements authorized ....... ......... .. .. 2-3-19 IMPROVEMENTS. See: PUBLIC IMPROVEMENTS INCINERATOR UNITS Regulation ......................................................... 2-8-3 INDECENCY AND OBSCENITY Obscene materials; sale .......................................... Specified sexual activities in commercial establishments.... 1-14-2 1-3-10 et seq. See: ALCOHOLIC BEVERAGES INDIAN RIVER Nets, length restricted Marking ......................................................... 1-8-1 INDIGENT PERSONS Welfare; authority to provide care for indigent persons...... 2-18-1 INDUSTRY ~affic; parking, stopping and standing Heavy vehicles or equipment in residential areas Industrial equipment prohibited or restricted .. ... ...... 2-20-29 INSURANCE Adjusters; occupational license taxes and regulations ....... 1-12-32 Building and equipment moving Insurance required ............................................ 1-17-43 Licensing and examination of construction contractors, re- quirements re certificate of competency .. ....... .... ..... 2-5-10 Mosquito control district Group insurance for employees ... .. .. ........................ 2-9-3 Motor carriers ..................................................... 1-13.3-21 Officers and employees Insurance for ................. .. ................................ 2-1-31 Sheriff, motor vehicle liability insurance Required to maintain .......................................... 1-18-1 Supp. No. 70 3873 ST. LUCIE COUNTY CODE Section INVALID PERSONS Nonemergency medical transportation services ............... 1-10-21 et seq. See: NONEMERGENCY MEDICAL TRANSPORTATION SERVICES J JUNK. See: GARBAGE, TRASH AND REFUSE JUNK DEALERS Traveling junk dealers; occupational license taxes and regu- lations ........................................................ 1-12-41 JLTVENILES. See: MINORS L I,A~ LUCIE COMMUNITY DEVELOPMENT DISTRICT Provisions enumerated ........................................... 1-6.5-31 et seq. See: COMMUNITY DEVELOPMENT LAKES Motorized vessels on lakes and ponds in unincorporated areas .......................................................... 1-14-3 See: BOATS AND WATERWAYS Unlawful deposits ................................................ 2-17-1 LAW ENFORCEMENT IMPACT FEE Appeals ............................................................ 1-18-18 Computation of amount .......................................... 1-18-08 Credits . . . . . . .. .. . .. . .. . . .. . .. .. . . .. . . . . . . . .. .. . . . . . . . .. . . .. .. . . . . . . 1-18-10 Definitions ........................................................ 1-18-06 District created ................................................... 1-18-13 Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-18-17 Imposition ......................................................... 1-18-07 Independent property appraisal ................................ 1-18-11 Intents, purposes .. . . . . .. .. . . . . . . . . .. . .. .. . . . .. . . . . . . .. . . . . . . . .. . . 1-18-04 Payment of fee .................................................... 1-18-09 Property review appraisal ....................................... 1-18-12 Refund of fees paid ............................................... 1-18-16 Review, automatic adjustment of fees .......................... 1-18-19 Short title, authority, applicability ............................. 1-18-03 Trust fund established . .. . .. . .. .. . .. . . .. . .. . . . . . . . . . . .. . .. . . . . . . . 1-18-14 Use of funds ....................................................... 1-18-15 LIBRARY Advisory board, library, creation of . .......................... .. 1-11-4 Creation of county library system . . .. .. .. . .. . . .. . . .. .. . . . .. . . .. 1-11-2 Director, county library . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11-3 Impact fee, libraries Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11-27 C omputations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11-16 Credits .......................................................... 1-11-18 Supp. No. 70 3874 CODE INDEX Section LIBRAR,Y (Cont'd.) Definitions ...................................................... Districts created 1-11-14 ............................................... Exemptions 1-11-22 ..................................................... 1-11-26 Imposition ...................................................... Independent property appraisal 1-11-15 .............................. 1-11-20 Intents; purposes ............................................... 1-11-12 Payment ........................................................ Property review appraisal 1-11-17 .................................... 1-11-21 Refund of fees paid ............................................ 1-11-2 5 Review, automatic adjustment of fees ....................... 1-11-28 Rules of construction .......................................... 1-11-13 Short title, authority, applicability ........................... 1-11-11 ~ust funds established ............................ 1-11-23 ........... Use of funds .................................................... 1-11-24 Law library Appropriation of funds .... . .. ..... ..... ... ........... ......... 2-10-18 Board of trustees ............................................... 2-1 0-16 Court costs for support of library, levy ...................... 2-10-17 Disposition of donations ....................................... 2-10-20 Law library fund . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . 2-10-19 Law library funds, disposition of .... ........ ........ ... ...... 1-7-5 Legislative intent, declaration of ......... . .. .. ....... .. .. ...... Public library service authority to provide 1-11-1 , .................... Qualifications, regulations, contributions ...................... 2-10-1 1-11-5 LICENSES AND PERMITS (Miscellaneous provisions) Alarm permits .................................................... See: ALARM SYSTEMS 1-2.5-8 et seq. Animal shows, travelling . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . Building and equipment moving 1-4-28 ................................ 1-17-40 et seq. See: ROADS AND BRIDGES Building permits. See: ZONING (Appendix A) Buildings; licensing and examination of construction contrac- ... tors.......... ............................................... Camping overnight on county property; permit 2-5-1 et seq. 1 2 ............... Conditional use permits. See: ZONING (Appendix A) - 5-17 Contractors (unlicensed) ......................................... County property and facilities, generally 1-6.8-21 et seq. Use permit ...................................................... Development permits 1-25-2 7 ............................................ Driveway perxnits 1-8.5-8 ................................................ See: BUILDINGS (Generally) 1-5-82 et seq. Flood damage prevention: development ........................ 1-8.5-8, 1-8.5-22 Garbage and trash collection .................................... 1-9-20 et seq. Group functions held on county property; permit ........... 1-15-26 . Heavy vehicles and equipment in residential districts ....... 1-20-45 Life support services .............................................1-12.5-1 et seq. Supp. No. 70 3874.1 ST. LUCIE COUNTY CODE Section LICENSES AND PERMITS (Miscellaneous provisions) (Cont'd.) Motor carriers ..................................................... 1-13.3-16 et seq. See: MOTOR CARRIERS Noise control; special permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.8-20 Ordinances and resolutions not affected by Code ............. 1-1-3 Supp. No. 70 38742 CODE INDEX Section M MANUFACTUR.ING Occupational license taxes and regulations ................... 1-12-33 MAPS AND MAPPING Right-of-way; plat abandonment procedures ..... ........... .. 1-17-70 et seq. Zoning map ....................................................... 2-14-37 MARINE SANITATION Environmental protection .......................................1-7.6-30 et seq. See: ENVIRONMENTAL CONTROL MERCHANDISE Selling or vending on county property . . . . . . . . . .. . . . . . . . . . .. .. . 1-15-24 MINING AND EXCAVATIONS Occupational license taxes and regulations ................... 1-12-33 MINORS Children's services Ad valorem taxes, levying . ........ .... . .......... ....... .. .. . . 1-6-38 Children's services council Powers and functions ....................................... 1-6-34 Financial report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6-37 Independent special district Creation; governing body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6-32 Fiscal year ................................................... 1-6-35 Referendum ..................................................... 1-6-38 Title ............................................................. 1-6-31 Merchandising of tobacco products Definitions ...................................................... 1-6-43 Enforcement .................................................... 1-6-46 Exceptions ...................................................... 1-6-45 Intent ............................................................ 1-6-42 Placement of tobacco products in open display unit ..... .. 1-6-44 Short title ....................................................... 1-6-4 Territory embraced ............................................ 1-6-47 Parental neglect Arrest, notice to parents ...................................... 1-6-17 Definitions ...................................................... 1-6-16 Detention, notice to parents ... ....... .......... ..... ......... 1-6-17 Habitual offenders Parents may be deemed guilty of parental neglect ...... 1-6-19 Notice to parents upon arrest or detention ................. 1-6-17 Parental neglect declared unlawful .......................... 1-6-18 Teen court; court costs ........ ............... ........... .. .. ..... 1-7-12 Tobacco products. See herein: Merchandising of Tobacco Products MOSQUITOES St. Lucie County mosquito control district .................... 2-9-16 et seq. See: HEALTH AND SANITATION Supp. No. 70 3g77 ST. LUCIE COUNTY CODE Section MOTELS Occupational license taxes and regulations ................... 1-12-29 MOTOR CARRIERS Licensure Authority of board to promulgate rules and regulations .. 1-13.3-24 Certificate of transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.3-17 Appeals . . . . ... . .. .. .. .. . .. . .. . .. .. .. . . . . . . . . . .. .. . .. . .. . . . . . .. 1-13.3-26 Application; contents; investigation .. ............ ... ...... 1-13.3-18 Review of application ..................................... 1-13.3-19 Standards of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.3-20 Insurance requirement ......... .......................... .. 1-13.3-21 Renewal of certificate; evidence of continuing compli- ance . . . . . . . . . .. . .. . . .. . . . . .. .. . .. .. .. . . . . . .. .. .. . .. . .. . . . . 1-13.3-23 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.3-22 Transfers/assignability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.3-25 Continuing compliance, evidence of .......................... 1-13.3-22 Definitions ...................................................... 1-13.3-16 MO'rOR VEHICLE TITLE LOANS. See: MOTOR VEHICLES MOTOR VEHICLES Abandoned property, garbage, trash, junk and debris ....... 1-9-16 et seq. See: GARBAGE, TRASH AND REFUSE Airports and aircraft Licensing requirements re motorized vehicles .............. 1-2.3-21 et seq. Alcoholic beverages; open containers Consumption inside vehicle prohibited . . . . . . . . . . . . . . . . . . . . . . 1-3-6 Combat automobile theft program .............................. 1-18-2 County property, on Operation and parking .. .. . . . . .. . . . . .. . .. . .. . .. .. . .. . . . . . .. . . . 1-15-22 Motor carriers ..................................................... 1-13.3 et seq. Motorized vessels on lakes and ponds in unincorporated areas .......................................................... 1-14-3 See: BOATS AND WATERWAYS Preserves; use of vehicles . .. .. .. .. . . . . . .. . . . . .. . .. .. . .. . .. .. . . . . . 1-15-29 Public beaches; authority to regulate use of motor vehicles. 2-12-1 ~4tle loans; state law to regulate ............................... 1-14-30 Traffic regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20-1 et seq. See: TRAFFIC Unserviceable vehicles Abandoned property, garbage, trash, junk and debris ..... 1-9-16 et seq. See: GARBAGE, TRASH AND REFUSE MUNICIPAL SERVICE TAXING OR BENEFIT LTNITS Annual municipal services taxing unit tages .................. 1-13.5-10 Authorized ........................................................ 1-13.5-1 Bonds, notice of intent to issue ................................. 1-13.5-14 Supp. No. 70 3$']$ CODEINDEX Section OFFICERS AND EMPLOYEES (Cont'd.) Environmental control officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6.5-6 et seq. See: ENVIRONMENTAL CONTROL Execution of participation agreements ......................... 1-14.5-23 Program committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-14.5-24 Failure to perform duties Liability to fine for ............................................. 1-1-9 Food and non-alcoholic beverage expenses .................... 1-2-162 Historic preservation officer Appointment and duties ...................................... 1-102-5 Insurance for officers, employees and families ................ 2-1-31 Judgments resulting from acts within scope of employment or function Payment of ...................................................... 1-2-17 Library director, county .......................................... 1-11-3 Longevity and special recognition awards . . . . . .. . . . . . . . . . .. . . . 1-2-16.1 Officers, defined .................................................. 1-1-2 / supp. No. 70 3880.1 CODEINDEX Section RECORDS (Cont'd.) Reproduction of public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1-4 RECREATION. See: PARKS AND RECREATION RECREATIONAL VEHICLES Traffic; parking, stopping and standing Heavy vehicles and equipment in residential districts Exemption for recreational vehicles . . . . . . . . . . . . . . . . . . . . . . . 1-20-46 REFUSE. See: GARBAGE, TRASH AND REFUSE RESERVE COMMUNITY DEVELOPMENT DISTRICT Provisions enumerated ........................................... 1-6.5-35 et seq. See: COMMUNITY DEVELOPMENT RESTAURANTS Occupational license taxes and regulations ................... 1-12-30 RETAIL STORE LICENSE Occupational license taxes and regulations ................... 1-12-37 REWAR,DS Persons violating laws or ordinances Authority to offer rewards . .. . .. .. .... .... ... .. .. ........... .. 1-2-1 RIVERS. See: DRAINAGE AND EROSION CONTROL; See also: FISH AND GAME ROADS AND BRIDGES Abandoned property, garbage, trash, junk and debris ....... 1-9-17 See: GAR,BAGE, TRASH AND REFUSE Building and equipment moving Fees ............................................................. 1-17-48 Permit Application ........ ................... ....... ..... .. ... ....... 1-17-41 Notice to be given; contents . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 1-17-44 Rejection of application . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . .. . .. 1-17-42 Required ...................................................... 1-17-40 Requirements prior to issuance; insurance requirements 1-17-43 Safety requirements ........... ............... ............... .. 1-17-45 Size limitations ................................................. 1-17-46 Special permit .................................................. 1-17-47 Firearms, use prohibited in certain areas ..................... 1-7.8-16 Gentile Road Use of portion of restricted ... ............... .... ............. 1-20-4 Roads impact fee Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-38 Authority and applicabilities ................................. 1-17-25 Computation in the amount of ............................... 1-17-29 Credits .......................................................... 1-17-33.1 Definitions ...................................................... 1-17-34 Exemptions ..................................................... 1-17-33 Impositions of .................................................. 1-17-28 Supp. No. 70 3gg7 ST. LUCIE COUNTY CODE Section ROADS AND BRIDGES (Cont'd.) Independent property appraisal .............................. 1-17-36 Independent traffic study . . .. . .. .. . . . . .. . .. .. . . . . .. .. . .. . . .. . . 1-17-35 Intent and purposes ........................................... 1-17-26 Payment ........................................................ 1-17-30 Property appraisal Independent property appraisal ........................... 1-17-36 Property review appraisal .. ........... ........ ............. 1-17-37 Refund of fees paid ............................................ 1-17-32 Review .......................................................... 1-18-39 Rules of construction .......... ............ ... ........ ... ...... 1-17-27 Short title ....................................................... 1-17-25 Use of funds and road benefit zones . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-31 Signs or structures Erection within right-of-way prohibited, removal .......... 1-17-1 Special improvement service district Advance necessary expenses, county authorized .. ......... 1-17-21 Annual assessments ............... ........... ........... ...... 1-17-20 Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-19 Creation Authorized ................................................... 1-17-16 Proceedings .................................................. 1-17-17 Violation and confirmation of creation ...................... 1-17-18 Street and house naming and numbering . . . . . .. . .. .. .. .. . . . . . 1-17-50 et seq. See: STR,EET AND HOUSE NAMING AND NiJMBER- ING Additional provisions. See: SUBDIVISIONS . SANITATION. See: HEALTH AND SANITATION SAVANNAHS Airboats prohibited in ............................................ 2-4-1 SCHOOLS Alcoholic beverages, distance restrictions ..................... 1-3-2 et seq. See: ALCOHOLIC BEVERAGES SEWAGE DISPOSAL. See: WATER AND SEWERS SEXUAL CONDUCT Specified sexual activities in commercial establishments.... 1-3-10 et seq. See: ALCOHOLIC BEVERAGES SHERIFF Chief correctional officer Designation ..................................................... 1-18-3 Combat automobile theft program .............................. 1-18-2 Law enforcement impact fee .................................... 1-18-03 et seq. Motor vehicle liability insurance, requirement to maintain . 1-18-1 Supp. No. 70 $$$$