The URL can be used to link to this page

Home My WebLink About07-017 :) }A11t ~ ¡;1ff3 1~/1ti/1({ fJ/,'J ORDINANCE NO. 07-017 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 13.00.01 BY PROVIDING AN EXCEPTION TO THE REQUIREMENT THAT PERSONS SEEKING TO MOVE A BUILDING OR STRUCTURE MUST PROVIDE A BOND TO THE COUNTY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 1102.0 of the Florida Existing Building Code provides that residential buiidings or structures moved into or within a county shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved provided the building meets certain criteria; and, 2. Section 13.00.01(D) of the St. Lucie County Land Development Code currently requires persons seeking to move a building or structure to provide a bond to the County to ensure that the building or structure is brought into compliance with the building code in force at the time of the move; and, 3. In order to bring the Land Development Code into alignment with the Florida Existing Building Code, Section 13.00.01(D) needs to provide an exception to the bonding requirement for those buildings or structures that can meet the criteria in Section 1102.0 of the Florida Existing Building Code; and, 4. A number of buildings or structures which have been moved into or within the County have not been moved over a public right-of-way, but the County still desires that they be brought up to the current code if they do not meet the criteria in Section 1102.0 of the Florida Existing Building Code; and, 5. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 6. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - 91-21 - 93-01 - March 14, 1991 November 7, 1991 February 16, 1993 91-09 - 92-17 - 93-03 - May 14, 1991 June 2, 1992 February 16, 1993 Ctn::J81( tl=lrel;lgl<l passages are deleted. Underlined passages are added. Page 1 of 5 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 306841006/13/2007 at 03:08 PM OR BOOK 2833 PAGE 2612 - 2616 Doc Type: ORDN RECORDING: $44.00 93-05 - 93-07 - 94-18 - 95-01 - 97-01- 97-03 - 99-02 - 99-04 - 99-15 - 99-17 - 00-10 - 00-12 - 01-03 - 02-09 - 02-29- 04-02- 04-33- 05-03- 05-07 - 05-23- 06-13 06-18- 06-30- May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7, 1999 June 13, 2000 June 13, 2000 December 18, 2001 March 5, 2002 October 15, 2002 January 20, 2004 December 7,2005 August 2, 2005 January 18, 2005 September 20, 2005 June 6, 2006 May 30, 2006 September 12, 2006 93-06 - 94-07 - 94-21- 96-10 - 97-09 - 99-01- 99-03 - 99-05 - 99-16 - 99-18 - 00-11- 00-13 - 02-05 - 02-20- 03-05- 04-07- 05-01- 05-04- 05-16- 06-05 06-17- 06-22- May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 199.7 February 2, 1999 August 17, 1999 July 20, 1999 July 02,1999 November 2, 1999 June 13, 2000 June 13, 2000 June 24, 2002 October 15, 2002 October 7, 2003 April 20, 2004 March 15, 2005 August 2, 2005 August 16, 2005 April 18, 2006 May 30, 2006 July 18,2006 7. On April 19, 2007, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 8. On May 15, 2007, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on May 4, 2007. 9. On June 5, 2007, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on May 24,2007. 10. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Str"el, tlUO"gR passages are deleted. Underlined passages are added. Page 2 of 5 PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows, include: 13.00.00 BUILDING CODE 13.00.01 BUILDING CODE A. Unchanged B. Unchanged C. MOVING OF BUILDINGS, BOND REQUIRED The Building Official, as a condition precedent to the issuance of permit to move any building or structure over a public right-of-way, shall require a bond, er etlger rorffi of ocecpttJble 3ccurity te tlge Ct. Lucie Ce 1:1 nty Attorney, to be executed by person desiring such removal permit. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida, and shall be in a manner and form acceptable to the St. Lucie County Attorney as listed in Section 11.04.01(C)(2). Such bond, shall, at a minimum, indemnify the County from any damage caused by the moving of such building to any street, road, highway, curb, sidewalk, tress, bridge, light pole, traffic signal, or other item or fixture as may be described by the County. The County shall, at its discretion, include any reasonable performance criteria within the bonding agreement intended to address the issue of damage to any street, road, highway or appurtenance thereto. D. MOVING OF BUILDINGS, IMPROVEMENTS BY OWNER The Building Official, as a condition precedent to the issuance of permit to move any building or structure oller B public rigl9t of WBY, shall require a bond, er etlger rorffi of BeecptBble 3eeurity to tlge Ct. Lucie County AttefRey, to be executed by person desiring such removal permit. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida, and shall be in a manner and form acceptable to the St. Lucie County Attorney as listed in Section 11.04.01(CH2). The value of such bond shall at a minimum te be equal to the cost of demolition, rCffiovtJl er rcpBir, iR ordcr to bring tl9c building iRtO eOffipliBRcc witl9 tlge lIorielB ßuileliRg Coelc, B3 BffiCRelCeI BRei Belopteel by St. Lucic COURt)' of the structure. The bond shall be conditioned on bringing the relocated building into compliance with the Florida Building Code within the ninety (90) days from the date of relocation; if the building does not comply with the Florida Building Code within the ninety-day period the County shall give ten days' written notice of noncompliance and of the County's intent to have the bond forfeited to cover the cost of demolition, removal or repair of such building. Following such notice, the bond shall be forfeited and the necessary demolition, removal or repair shall be done. The Building Official, may grant reasonable extensions to the ninety (90) day compliance period if it is demonstrated to the satisfaction of the Building Official that the deiay in completing the required improvement has been caused by matters beyond the control of the owner or house mover. There shall be an Ctfl:lel( tRfôl:lgh passages are deleted. Underlined passages are added. Page 3 of 5 exception to this bond requirement for anv structure that the Countv Buildinl:! Official or his or her desil:!nee determines fulfills the requirements of Section 1102.0 and 1102.3 of the Florida Existinl:! Buildinl:! Code. No permit for the moving of any structure shall be issued by the County unless there is an accompanying building permit for the reconstruction of the structure being moved at its new location, within the jurisdiction of St. Lucie County. The buildinl:! permit application must conform with all other applicable sections of the St. Lucie Countv Land Development Code for the proposed location. If the structure is being moved to a location outside of the jurisdiction of St. Lucie County, no such building permit from the County will be required. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on July 3,2007. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Paula A. Lewis Commissioner Charles Grande Commissioner Doug Coward Aye Aye Aye Aye Aye Ctrl:Jel( tl<1ret::JgJc\ passages are deleted. Underlined passages are added. Page 4 of 5 PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "articté~', or other appropriate word, and the sections of this ordinance may be renumbered oL,relette,red to accomplish such intention; provided, however, that Parts B through G shall not<.6e ~~. ~,'~ . ' PASSED AND DULY ADOPTED this 5th day of June, 2007..\ " :.~, ....,~~\~ COUNTY CQM~,MI "lONERS, ",~' '~",,~, ','~¡' OUNTY F I' ' '<\'1\ '\ \").' '- ' '~'.. .'" :;~\\t, ,1~~"_ \.":~>-~' i """ -" ,,;.''':~.;''- ·l. '11 ~,< -------,.-..,_' ~, " ~1-',·i;~!i¡;l¡\·)¡.~i- \h,:~, "",.;~, ~~; 'i(',:.\"i(J\'i . "','~" '~,' ", \j!,";-') ",'.' "VI" ", '. " , \'~, '~, T ,....', APPROVED AS TO FORM AND',,;;, CO, 0" , TiSS " 'I \:I,.~~"" "-e'J" /.' .',' .' / <,." .' .' // '.I " I / ,_ '¡ , . '7' - . ", (¿--/~:'/ ¿. ¿ /Jz " fii", '" 10\ f- County Attorn!#, / :\ . Ctrtl81( tRrôl:lgl9 passages are deleted. Underlined passages are added. Page 5 of 5