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HomeMy WebLinkAbout21-013 4 ORDINANCE NO. 21-013 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY AMENDING CHAPTER 36, ROADS AND BRIDGES,SECTION 36-1(B), "ERECTION OF SIGNS OR STRUCTURES WITHIN RIGHT-OF-WAY PROHIBIT; REMOVAL" TO CHANGE AUTHORITY TO DIRECT REMOVAL TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE; AMENDING SECTION 36-1(C), TO DELETE CONVICTION OF VIOLATIONS AND CREATE AN APPEALS PROVISION; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING EFFECTIVE DATE; PROVIDING FOR ADOPTION;AND PROVIDING FOR CODIFICATION WHEREAS,on March 21, 1978,the Board adopted Ordinance No. 78-3,which established procedures for prohibiting the erection of any signs or structures within the right of way limits of any public roads in the unincorporated areas of St. Lucie County except State maintained roads; and WHEREAS, it is appropriate for the Board of County Commissioners to amend Chapter 36 to provide for the County Administrator to have the authority to direct removal of any such signs or structures from County right-of-ways and to create an Appeals procedure. NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter 36, "Roads and Bridges" of the Code of Ordinances of St. Lucie County, Florida, is amended to revise Article I "In General", as follows: Section 36-1. ERECTION OF SIGNS OR STRUCTURES WITHIN RIGHT-OF-WAY PROHIBITED; REMOVAL. (A) No Changes (B) The Board of County Commissioners County Administrator or designee of said county shall have the authority to direct removal of any such signs or structures. However, in the event the sign or structure bears thereon the name of the owner, no such sign or structure shall be removed until the owner thereof, as shown thereon, shall have received 30 days' written notice that unless such sign or structure is removed within such 30-day period, it will be removed by the county. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY 1 FILE# 4878879 06/14/2021 11:53:39 AM OR BOOK 4629 PAGE 1507-1509 Doc Type:ORDN RECORDING: $27.00 (C) Any person violating any provision of this Ordinance shall, upon conviction, be punished by finc not to exceed FIVE HUNDRED ($500.00) or to be imprisoned in the county jail of St. Lucic County not to exceed sixty (60) days, or by both such fine and imprisonment. Appeals. Any aggrieved party may appeal a final administrative order of the County Administrator or designee to the circuit court. Such appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the County Administrator or designee. An appeal shall be filed within 30 days of the execution of the Administrative Order to be appealed. 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.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 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 F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. 2 PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Chris Dzadovsky, Chair AYE Commissioner Sean Mitchell, Vice Chair AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and 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. PASSED AND DULY ADOPTED this 1st day of June, 2021. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: e°92j7:5"/ Deputy Cler OJ �'�if, Chair • s kw APPROVED AS TO FORM AND CORRECTNESS °toiry,root BY: ke 1155) County Attorney 3 FLORIDA DEPARTMENT O STATE RON DESANTIS Governor June 11, 2021 Ms. Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Ms. Vera Smith Dear Ms. Miller: LAUREL M. LEE Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 21-013, which was filed in this office on June 11, 2021. Sincerely, Anya Grosenbaugh Program Administrator AG/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270