HomeMy WebLinkAbout04-007 1
2
3
4
§
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
ORb'rNANCE NO.
04-007
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE BY AMENDING SECTION 11.13.00,
ENFORCEMENT OF CODE PROVISIONS, BY AMENDING SECTION
11.13.01 TO PROVIDE FOR CLARIFICATiON OF BOARD
ENFORCEMENT RESPONSIBILITiES FOR THE VARIOUS
PROVISION OF THIS CODE; BY DELETING SECTiON 11.13.03
ENFORCEMENT PROCEDURE5 FOR CODE ENFORCEMENT BOARD
AND BY AMENDING SECTION 11.13.04 OTHER PENALTiES AND
REMEDIES TO CLARIFY THE INITiATiON OF OTHER
ENFORCEMENT PROCEEDINGS; PROVIDING GENERAL
AUTHORIZATiON FOR THE COMMUNITY DEVELOPMENT
DIRECTOR TO MAKE ALL NECESSARY AD3USTMENT5 TO THE
SECTION REFERENCE5 THROUGH THE LAND DEVELOPMENT CODE
A5 A RESULT OF THIS GENERAL TEXT AMENDMENT; PROVIDING
CONFLICTiNG PROVISIONS; PROVIDING FOR 5EVERABILITY;
PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH
THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTiVE
DATE; PROVIDING FOR ADOPTiON AND PROVIDING FOR
CODIFICATiON
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
On August 1, 1990, the Board of County Commissioners of St. Lucie County,
Florida, adopted the St. Lucie County Land Development Code.
2. The Board of County Commissioners has adopted certain amendments to the St.
Lucie County Land Development Code, through the following Ordinances
'Ordinance #04-007
91-003 - March 14, 1991 91-009 - May 14, 1991
91-021 November 7, 1991 92-017 - June 2, 1992
93-001 - February 16, 1993 93-003 - February 16, 1993
93-005 - May 25, 1993 93-006 - May 25, 1993
93-007 - May 25, 1993 94-007 - June 22, 1994
Underline is for addition
Strike Through is for deletion
Page 1
PRINT DATE: 4/20/04
1
2
3
4
§
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
94-018 - August 16, 1994 94-021 - August 16, 1994
95-001 - ,Tonuary 10, 1995 96-010 - August 6, 1996
97-001 - March 4, 1997 97-009 - October 7, 1997
97-003 - September 2, 1997 99-001 - February 2, 1999
99-002 - April 6, 1999 99-03 August 17, 1999
99-004 - August 17, 1999 99-005 - ,Tuly 20, 1999
99-015 - ,Tuly 20, 1999 99-016 - ,Tuly 02, 1999
99-017 - September 7, 1999 99-018 - November 2, 1999
00-010 - ,Tune 13, 2000 00-011 - ,Tune 13, 2000
00-012 - ,Tune 13, 2000 00-013 - ,Tune 13, 2000
01-003 - December 18, 2001 02-005 - .Tune 24, 2002
02-009 - March {5, 2002 02-020 - October 15, 2002
02-029 - October 15, 2002 03-005 - October 7, 2003
04-002- ~Tanuary 20, 2004
On March 18, 2004, the Local Planning Agency/Planning and Zoning Commission
held a public hearing on the proposed ordinance after publishing notice in the Port
St. Lucia News and the Tribune at least ten (10) days prior to the hearing and
recommended that the proposed ordinance be approved.
On April 6, 2004, this Board held its first public hearing on the proposed
ordinance, after publishing a notice of such hearing in the Port ,St. Lucia News and
the Tribune on March 24, 2004.
On April 20, 2004, this Board held its second public hearing on the proposed
ordinance, after publishing a notice of such hearing in the Port St. Lucia News and
the Tribune on April 7, 2004.
The proposed amendments to the ,St. bucie County Land Development Code are
consistent with the general purpose, goals, objectives and standards of the St.
Lucia County Comprehensive Plan and are in the best interest of the health safety
and public welfare of the citizens of St. Lucia County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of .ft. Lucie
County, Florida:
PART A.
Underline is for addition
e,.a.~ 'th ..... k is for deletion
Ordinance #04-007 Page 2
PRINT DATE: 4/20/04
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
THE SPECIFIC AMENDMENT5 TO THE ST. LU~E COUNTY LAND DEVELOPMENT CODE
TO READ A5 FOLLOWS, INCLUDE:
CHAPTER XI
ADMINISTRATION AND ENFORCEMENT
11.13.00
ENFORCEMENT OF CODE PROVTSION5
11.13.01 ~ENERALLY
A. A4=/-T-N~I~ Enforcement by Code Enforcement Board
Unless otherwise stated in this Code, the 51. Lucie County Code Enforcement Board, a:
described more fully in sections 1-2-19 through 1-2-27.5, St. Lucie County Code and Compilec
Laws, shall enforce the provisions of this Code according to the procedures set forth in these
Sections.
Enforcement by Environmental Control Hearing Board
Enforcement proceedings with respect to the following provisions shall be throuqh the
Environmental Control Hearing Board in accordance with the procedures set forth in Section
:11.13.02 of this Code:
Wellfield Protection (Sections 6.03.00 and 11.05.10)
Wastewater and Sewage Disposal Compliance (Sections 7.08.03 and 11.05.09)
Wetlands Protection (Section 6.02.03)
Native Upland Habitat Protection (Section 6.04.01)
Land clearing and yard trash recycling operations (7.10.12(c))
Standard Housing Code (Section 13.08.00)
All other codes, statutes, rules, regulations adopted by reference hereunder
pursuant to Section 11.13.02(L).
........... U~erline is for addition
Str!ko Through is for deletion
Page 3
Ordinance #04-007 PRINT DATE: 4/20/04
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
11.13.02 ENFORCEMENT PROCEDURE5 FOR ENVIRONMENTAL CONTROL PROVISIONS
no changes to this sect/on
! I ~ ~ n~ EHFORCE::,E.";T mm~-:~,, ,m:: FOR "~': E.NFO~CE:;,E.%~T.---,"'"*n~,
Underline is for addition
Strik~ Thrc'J.~h is for deletion
Page 4
Ordinance #04-007 PRINT DATE: 4~20~04
F-~
'-0
3:::,
G"3
m
1',3
1
2
3
4
§
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
$1
32
33
34
$6
$7
38
..... L~nderline is for~dditio~ '
e,.;u~ -r~, ..... ~ is for deletion
Ordinance #04-007 Page 5
PRINT DATE: 4/20/04
1
2
3
4
§
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
38
bo
Underline is for addition
Strike Thrc'--'gh is for deletion
Ordinance #04-007 Page 6
PRINT DATE: 4/20/04
1
2
3
4
§
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2§
26
27
28
29
30
31
32
33
34
3.5
36
37
38
................... w .... ~ ...................... . ..... ~ .......... or vo ua ¢
con$idcrotion ~ithout notice, unless o notice of lis pendens is recorded.
9
Underline is for addition
Stdk~ Through is for deletion
Ordinance #04-007 Page 7
PRINT DATE: 4/20/04
1
2
$
4
§
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
36
37
38
t t. t 3.043
OTHER PENALT'~E5 AND REMEDTE5
r_r"klr"~ Al I V
Nothinq in this section shall prohibit the Board of County Commissioners from enforcing its
codes by any other means. If the Public Works Director, Community Development Director or
other appropriate county department head, in consultation with the County Attorney,
determines that the code enforcement or environmental control hearinq board processes
delineated above would be an inadequate response to a given violation, the Dire=tar County
Commission may pursue the following penalties and remedies, as provided by law:
CIVIL REMEDIES
If any building or structure is erected, constructed, reconstructed, altered, repaired,
or maintained or any building, structure, land, or water is used in violation of this Code,
the Dircc,*or County Commission, through the County Attorney, may institute any
appropriate civil action or proceedings in any court to prevent, correct, or abate the
violation.
CRIMINAL PENALTIES
Any person who violates any provision of this Code shall be deemed guilty of a
misdemeanor and shall be subject to fine and imprisonment as provided by law.
PART B. CONFL.ICT'~N~, PROVTSTONS.
Special acts of the Florida legislature applicable only to unincorporated areas of fit. 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. SEVERABIL~TY.
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 beheld to be inapplicable to any person, property,
Underline is for addition
Striko Through is for deletion
Ordinance #04-007 Page 8
PRINT DATE: 4/20/04
~>
1
2
3
4
§
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
or circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and 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, Zallahassee,
Florida 32304.
PART F. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of .State.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairmen Paula Lewis
Vice Chairman ,Tohn b. Bruhn
Commissioner Doug Coward
Commissioner Cliff Barnes
Commissioner Frannie Hutchinson
PART H. CODIFICATiON.
AYE
AYE
Absent
AYE
AYE
Provisions of this ordinance shall be incorporated in the .St. Lucia County Land Development
Code, end the word ordinance may be changed to section, article, or other appropriate word,
and the sections of this ordinance may be renumbered or relettered to accomplish such
intention; provided, however, that parts B through H shall not be codified.
~n
m
Underline is for addition
Str!ke Through is for deletion
Ordinance #04-007 Page 9
PRINT DATE: 4/20/04
1 PASSED AND DULY ENACTED this 20th day of April, ;:>004.
2
3 BOARD OF COUNTY COMM:I:5$]:ONER5
ATTEST: G'3U;~/.;- ST. LUCTE COUNTY, FLORTDA
u ~" '~ ......
_.4% ~L::;),,' ,,':. :': '::,. :- -.'
.4~.tl,! t.?/, ', ;.:~':: ',
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
APPROVED A5 TO FOR/~,-AND-
¢ORRE :
BY:
County
~ : \A TTY\ ORDNANCE\ZO04 \04- 007. doc
Underline is for addition
Strike Through is for deletion
C)rdinance #04-007 Page 10
PRINT DATE: 4~20/04