HomeMy WebLinkAbout21-030 ORDINANCE 21-030
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AN ORDINANCE AMENDING THE ST. LUCIE COUNTY o o E
LAND DEVELOPMENT CODE BY AMENDING CHAPTER VI Z G�rn�'N mn m�
(RESOURCE PROTECTION STANDARDS), CHAPTER XI ,0 c 3
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(ADMINISTRATION AND ENFORCEMENT), CHAPTER XII D <r
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(DECISION MAKING AND ADMINISTRATIVE BODIES), - m
AND CHAPTER XIII (BUILDING REGULATIONS AND x
PUBLIC WORKS CONSTRUCTION MANUAL) TO PROVIDE o o °
FOR ENFORCEMENT OF THE LAND DEVELOPMENT CODE m
BY THE CODE ENFORCEMENT BOARD, TO PROVIDE FOR
0
CERTAIN APPEALS TO BE HEARD BY THE BOARD OF a
ADJUSTMENT, AND TO PROVIDE FOR A CHANGE IN THE ° 0
NAME OF THE STANDARD HOUSING CODE TO THE
MINIMUM HOUSING STANDARDS; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
FILING WITH THE DEPARTMENT OF STATE; PROVIDING
FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION;
AND PROVIDING FOR CODIFICATION.
WHEREAS, Chapter 83-511, Laws of Florida, sets forth the St. Lucie County
Environmental Control Act;
WHEREAS, the St. Lucie County Environmental Control Act established the
Environmental Control Board which consists of the 5 members of the Board of County
Commissioners ("Board") of St. Lucie County ("County") and whose duties include providing for
the effective and continuing control and regulation of the environment in the County;
WHEREAS, the St. Lucie County Environmental Control Act also established a separate
Environmental Control Hearing Board comprised of 5 members appointed by the Environmental
Control Board and whose duties include hearing appeals of actions or decisions of the
Environmental Control Officer and conducting due process hearings into the merits of alleged
violations of the St. Lucie Environmental Control Act;
WHEREAS, on August 1, 1990, the Board adopted the St. Lucie County Land
Development Code ("LDC");
WHEREAS, the LDC at Chapter XI, section 11.13.01 generally sets forth provisions of
the LDC which shall be enforced by the Code Enforcement Board and provisions of the LDC
which shall be enforced by the Environmental Control Hearing Board;
WHEREAS, the Board desires to amend the LDC to clarify that the County may enforce
its codes by any means as set forth in section 11.13.03 of the LDC, including but not limited to
enforcement by the Code Enforcement Board of alleged violations which may also be heard by
the Environmental Control Hearing Board pursuant to section 11.13.01(B);
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ORDINANCE 21-030
WHEREAS, the Board also desires to amend the LDC so that appeals initiated by any
person, officer, board, or bureau of the County aggrieved by any order, decision, determination, or
interpretation of any administrative official of the County with respect to the provisions of the
LDC are heard by the County Administrator;
WHEREAS, the Board further desires to amend the name of the Standard Housing Code
of the County to the Minimum Housing Standards of the County for clarity; and
WHEREAS, the Board has determined that the proposed amendments to the LDC are
consistent with the general purpose, goals, objectives, and standards of the County's
Comprehensive Plan, and are in the best interest of the health, safety, and public welfare of the
citizens of the county in order to effectively monitor and maintain the living standards of the
community.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
SECTION 1. RATIFICATION OF RECITALS. The foregoing recitals are hereby
ratified and confirmed as true and correct and are hereby made a part of this Ordinance.
SECTION 2. Chapter VI (Resource Protection Standards), section 6.03.00 (Wellfield
Protection), subsections 6.03.06 and 6.03.07 of the LDC are amended as follows:
6.03.06. - Special Exemptions.
C. Review by the Gr-o Ah Managemen+ Planning & Development Services Director.
6. Revocation or revision: Any Special Exemption granted by the n,-,,..,+h Management
Planning & Development Services Director pursuant to this Section shall be subject to
revocation or revision by the Director for violation of any condition of said Special
Exemption by first issuing a written notice of intent to revoke or revise (certified mail
return receipt requested or hand delivery). The applicant shall have the right to a
hearing before the Envir-onmental (control Hearing Be , a Code Enforcement Board
prior to revocation or revision in accordance with the procedures set out in Section
11.13.00. Upon revocation or revision, the activity will immediately be subject to the
enforcement provisions of this ordinance.
Appeals: Any final action by the Gr-w h Management Planning & Development
Services Director may be appealed to the Environmental Control Board pAr-jtlant
accordingto o the procedures set forth in Section 1 1�0 11.11.00 of this Code.
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ORDINANCE 21-030
6.03.07. - Enforcement and Penalties.
A. Enforcement, penalties, appeals, and remedy of matters related to this ordinance shall be
in accordance with section 11.13.00 Enforcement of Code Provisions be the ,-esp ,nsibility
of the St. Lueie County Envir-ap.-Aental Control Hearing Bear-d.
B. Each person who commits, attempts to commit, conspires to commit, or aids and abets in
the commission of any act declared herein to be in violation of this ordinance whether
individually or in connection with one (1) or more persons, or as a principal, agent or
accessory, shall be guilty of such offense and every person who falsely, fraudulently,
forcibly or willfully entices, causes, coerces, requires, permits or directs another to violate
any provision of this ordinance is likewise guilty of such offense.
C. Each day that a violation of this ordinance is continued or permitted to exist without
compliance shall constitute a separate offense.
D. No development orders shall be issued to any violator of this Section until the violation(s)
have been properly abated to the satisfaction of the County.
SECTION 3. Chapter VI (Resource Protection Standards), Section 6.04.00 (Habitat of
Endangered or Threatened Species), subsection 6.04.01 of the LDC is amended as follows:
6.04.01. - Native Upland Habitat Protection.
Appeals. Any administrative decision made under this Section may be appealed to the
Envi.,,w .meal Control Roam according to the procedures described in Chapter 11.11.00.
SECTION 4. Chapter XI (Administration and Enforcement), section 11.05.00
(Procedures for Obtaining Development Permits), subsections 11.05.09 and 11.05.12 of the LDC
are amended as follows:
11.05.09. - Wastewater and Sewage Disposal Compliance Permits.
D. Appeal from Permit Denial. Any final decision of the Gremh r anagemen Planning &
Development Services Director denying a Wastewater Sewage Disposal Compliance
Permit may be appealed to the ' l Control Boar " ""^ accordingto o the
procedures set forth in Section 11.11.00.
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ORDINANCE 21-030
11.05.12. - Wetlands Permits.
D. Appeal from Permit Denial. Any final decision of the G, e"4h Management Planning &
Development Services Director may be appealed to the Envi..,,wne tal Ge tfol loaf d in
accordance with Section 11.11.00.
SECTION 5. Chapter XI (Administration and Enforcement), section 11.11.00 (Appeals),
subsection 11.11.01 of the LDC is amended as follows:
11.11.01. - Generally.
A. Persons Entitled to Initiate Appeal. An appeal may be initiated by any person, officer,
board, or bureau of St. Lucie County aggrieved by any order, decision, determination, or
interpretation of any administrative official of the County with respect to the provisions of
this Code.
B. Authority. Appeals of any order, determination, decision, or interpretation by any
administrative official shall be heard and decided by one of the following appellate boards
or officers:
Appeals to the Environmental Control Board. Reserved. Appeals of deeisions by any
administr-ative offieial with r-espeet to the pefmitting provisions shall be heard a
deeided by the En .,t.,l (`ont-ol Bo fd ubjeet to the stan loads .l .a o�
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her-e na fter sot f r4h:
Appeals to the County Administrator. Appeals of decisions by any administrative
officer with respect to the following provisions shall be heard and decided by the
County Administrator; subject to the standards and procedures hereinafter set forth:
a. Adequate Public Facilities (Chapter V);
b. Determination of Required Vegetation Mitigation (Section 11.05.06(F)(2)(g));
c. Development Agreements (Section 11.08.00);
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ORDINANCE 21-030
d. Vested Rights (Section 11.09.00).
Appeals to the Board of Adjustment. Appeals of decisions by any administrative
official with respect any of the provisions of this Code except those enumerated in
paragraphs 1 and 2 above shall be heard and decided by the Board of Adjustment,
subject to the standards and procedures hereinafter set forth.
SECTION 6. Chapter XI (Administration and Enforcement), section 11.13.00
(Enforcement of Code Provisions), subsections 11.13.01 and 11.13.03 are amended as follows:
11.13.01. - Generally.
A. Enforcement by Code Enforcement Board. Unless otherwise stated in this Code, the St.
Lucie County Code Enforcement Board, as described more fully in Chapter 1, Article II,
of the seetiens l ''-z-19 thfough 1-2-27.5, St. Lucie County Code and Compiled Laws, shall
enforce the provisions of this Code ,,,.a;ng to the pfeeedures sot rnftn it these Seeti ns
B. Enforcement by Environmental Control Hearing Board. At the option of the Public Works
Director Planning and Development Services Director or other appropriate county
department head, in consultation with the County Attornev, Eenforcement proceedings
with respect to the following provisions shall may be through the Code Enforcement Board
in accordance with the procedures set forth in Chapter 1, Article II of the St. Lucie County
Code and Compiled Laws, or through the Environmental Control Hearing Board in
accordance with the procedures set forth in Section 11.13.02 of this Code:
a. Wellfield Protection (Sections 6.03.00 and 11.05.10);
b. Wastewater and Sewage Disposal Compliance (Sections 7.08.03 and 11.05.09);
c. Wetlands Protection (Section 6.02.03);
d. Native Upland Habitat Protection (Section 6.04.01);
e. Land clearing and yard trash recycling operations (7.10.12(c));
f Standard Housing Code Minimum Housing Standards (Section 13.08.00);
g. All other codes, statutes, rules, regulations adopted by reference hereunder pursuant to
Section 11.13.02(L).
11.13.03. - Other Penalties and Remedies.
Nothing in this section shall prohibit the Board of County Commissioners from enforcing
its codes by any other means including but not limited to enforcement of matters assigned to the
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ORDINANCE 21-030
Environmental Control Hearing Board by the Code Enforcement Board. Additionally, lEif the
Public Works Director, Or-Ew,+t, Management Planning and Development Services Director or
other appropriate county department head, in consultation with the County Attorney, determines
that the code enforcement or environmental control hearing board processes delineated above
would be an inadequate response to a given violation, the County Commission may pursue the
following penalties and remedies, as provided by law:
1. 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 County Commission, through the County Attorney, may institute any appropriate
civil action or proceedings in any court to prevent, correct, or abate the violation.
2. 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.
SECTION 7. Chapter XII (Decision Making and Administrative Bodies), section
12.00.00 of the LDC is amended as follows:
12.00.00. - BOARD OF COUNTY COMMISSIONERS
The Board of County Commissioners shall have the following powers and duties under this Code:
K. When sitting as the Environmental Control Board, the power to hear and decide appeals
initiated by any person, officer, board, or bureau of St. Lucie County aggrieved by any
decision, order, determination or interpretation of any administrative official of the County
Seleetive Trimming, Sea—T-rti4IePf!eteet ewe sue' Area-oteetio , Wellfield proteet;
as
provided in Section 11.11.00.
SECTION 8. Chapter XII (Decision Making and Administrative Bodies), section
12.01.00 (Environmental Control Board; Environmental Officer; Environmental Control Hearing
Board), subsection 12.01.01, and section 12.04.00 (Board of Adjustment), subsection 12.04.01 of
the LDC are amended as follows:
12.01.01. - Regulations and Requirements.
A. The regulations and requirements governing the Environmental Control Board,
Environmental Control Hearing Board and Environmental Control Officer shall be in
accordance with Chapter- 2 6.the St. Lucie County Code and Complied Laws.
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ORDINANCE 21-030
12.04.01. - Powers and Duties.
The Board of Adjustment shall have the following powers and duties under this Code:
A. The power to authorize variances from the dimensional, floodplain, and airport height
requirements of this Code, in accordance with the provisions in Section 10.01.00.
B. The power to authorize eminent domain waivers.
C. The powers to hear and decide appeals initiated by any person, officer, board, or bureau
of St. Lucie County aggrieved by any decision, order, determination, or interpretation
of any administrative official of the County with respect to the provisions of this Code,
except for meals with respeet to Welifie dPfoteet on, Vegetation Pr-ete tier any
Coastal ea ete en Wetland-Pfoteetion, Native Upland 14abit. + n teet o
Adequatep-�aeilities, and Vested Right, as otherwise provided in Seetien
11. 11.00 this Code.
D. The powers to make its special knowledge and expertise available upon reasonable
written request and authorization by the Board of County Commissioners to any
official, department, board, commission, or agency of a city, county, state, or federal
government.
E. The powers to adopt rules of procedure that are not in conflict with the provisions of
this Code.
SECTION 9. Chapter XIII (Building Regulations and Public Works Construction
Manual), Section 13.08.00 (Standard Housing Code) of the LDC is amended as follows:
13.08.00. - STANDARD HOUSING CODE MINIMUM HOUSING STANDARDS.
13.08.01. - Adopted.
The International Property Maintenance Code, as promulgated by the International Code
Council, Inc., is adopted by reference as the Standard Housing Code Minimum Housing Standards
of the County, to apply to the unincorporated areas of the County. A copy of such code shall be
filed in the office of the Public Works Director and shall be available for public inspection during
the regular business hours of such office.
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ORDINANCE 21-030
13.08.02. - Administration.
A. The County Administrator may delegate or assign all or part of the responsibilities
associated with the administration of the Standard Housing Code Minimum Housing
Standards to the St. Lucie County Public Healtt, Unit Code Compliance Division.
B. The County Administrator shall serve as the 14ousing Code Official referenced in the
Standard Housing Code International Property Maintenance Code.
13.08.03. - Enforcement.
Enforcement remedies of the Standard Housing Code will be „ur-s oa thfough the St r_,.:o
County Envifenmental Contfal Board in accordance with the procedures set out in Section
11.13.02 of this Code.
SECTION 10. CONFLICTING PROVISIONS. Special acts of the Florida legislature
applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969,
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.
SECTION 11. SEVERABILITY AND APPLICABILITY. 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.
SECTION 12. 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.
SECTION 13. EFFECTIVE DATE. A certified copy of this ordinance shall be filed
with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie
County within ten days after enactment by the Board, and this ordinance shall take effect on the
date of adoption.
SECTION 14. ADOPTION. After motion and second, the vote on this ordinance was as
follows:
Chair Chris Dzadovsky
AYE
Vice Chair Sean Mitchell
AYE
Commissioner Linda Bartz
AYE
Commissioner Frannie Hutchinson
AYE
Commissioner Cathy Townsend
AYE
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ORDINANCE 21-030
Section 15. 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", "article", or other appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention.
PASSED AND DULY ADOPTED this 7`h day of September, 2021.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk O��ZY COACha'
m APPROVED AS TO FORM AND
CORRECTNESS:
cOU'yTl; FtAa��!'
BY:
kr ounty Attorney
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RON DESANTIS LAUREL M. LEE
Governor Secretary of State
September 13, 2021
Ms. Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attn: Vera Smith
Dear Ms. Miller:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 21-030, which was filed in this office on September 13,
2021.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270