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(8)RESOLUTION NO. 80-70 WHEREAS, the St. Lucie County Planning and Zoning Commission, after holding a public hearing on June 26, 1980, of which notice was published at least fifteen (15) days prior to said hearing, has recommended to the Board of County Commissioner-s of St. Lucie County that the following amendment to the Comprehensive Zoning Resolution for St. Lucie County be adopted, and WHEREAS, said Board of County Commissioners held a 'public hearing on said recommendation on August 5, 1980, after first publishing a notice of said hearing in the News Tribune, published in Fort Pierce, Florida, on July 21, 1980 said date being at least fifteen (.15) days prior to the date of said hearings NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County in meeting assembled this 5th day of August, 1980, that the Comprehensive Zoning Resolution for St. Lucie County, be and the same is hereby amended as follows: 1. Amend Section 24 COMPLAINTS REGARDING VIOLATIONS by deleting in its entirety and substituting the following; "Section 24 COMPLAINTS REGARDING VIOLATIONS Whenever a violation of this Resolution occurs~ or is alleged to have occured, any person m~y file a complaint, but such complaint shall be in writing and shall be signed by the person complaining. Such complaint, stating fully the causes and basis thereof, shall be filed with the Enforcing Official, The Enforcing Official shall record properly such complaint, immediately investigate, and take action thereon as provided by this Resolution." ATTE~.S- T.: / /Clerk BOARD OF COUNTY COMMISSIONER~ ST. LUCIE COUNTY, F~RIDA By~ ,-~"~ /~,-~ ~.~;~_A_~' ~Chairma-~ BOARD OF COUNTY COMMISSIONERS AUGUST 5, 1980 ZONING - P~LIC HEARING - VIOLATIONS Proof of Publicati6n presented for petition of Board of County Commissioners to ~mend Zoning Resolution by requiring that complaints be in writing and signed by person comp!mining_ Originally~zoning complaints had to be in writing and signed by person complaining but it was felt that many people were reluctant to do this for fear of reprisal by irs~_~ nei~nbors, so the Zoning Resolution was amended to permit complaints to be received anonymously , but this has resulted in more complaints than can be handled by the Building & Zoning Dept. Many of the complaints were ficticious in'an, attempt to get even with neighbors. The Board then decided to go back to the original system of only signed complaints being investigated. ~ne Planning & Zoning Commission recommended approval of ~his system. Dick Reid, Chamber of Commerce, pointed out that it was at the instigation of their Beautification Committee to allow unsigned co~plaints, but since the system didn't work out too well, suggested a compromise whereby people could call in their complaints and give their n~mes privately, on the phone, but it was brought out that even this would be considered a public ~ecord. ~. Billy Hatcher felt that if a person had a legitimate complaint he should stand up to it and not be afraid to give his n~me b[oved by Com. M cCain to approve the recommendation of the Planning & Zoning Co~.-m~ssion to -~nd the Z~ning Resolution by Resolution ~o.80-70 requiring signed complaints to instigate · ' ~' '~-- ~ ~"' - ......... ~ ........ 1~ ~-t 1 - ~-,~ ~ ~ ....... ~-;,.(~_ AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY AUGUST _5, 1980 9:00 A.M. Petition of THE BOARD OF COUNTY COMMISSIONERS to amend the St. Lucie County Zoning Re~olutions, Section 24, COMPLAINTS REGARDING VIOLATIONS, by deleting the section in its entirety and substituting the following: "Whenever a violation of this Resolution occurs, or is alleged to have occurred, any person may file a complaint, but such complaint shall be-in writing and shall be signed by the person complaining, Such complaint, stating fully the causes and basis thereof, shall be filed with the Enforcing Official. The Enforcing Official shall record properly such complaint, im~nediately investigate, and take action thereon as provided by t-his-ResOlution." Natal i cat i on ~of same ~as -publ-Jsbed-=in =the =Ne~s= TTi-bune-ts- days- PriOF-~-tO publ-ic hearing. "[HE NEWS Y '~UNE Published Daily and Sunda;~-Except Saturday Fort Pierce. St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority perso.nally appeare_d James J. McMillen o~ Kathleen K. LeClatr, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Flo'ric~a; that the attached copy of advertisement, being a. Not±ce in the matter of~e.~.t.~.9,n. Pl...s.r.~..o.?..cp..~..ry..c.~s.s. ~.o.np.r..s .... .~.o...a~e...ri. c1,, s.~....L.'g, g!,e..99....~.o..n.~..q. ,~.o.~p.$ .'g.'.'ki..op. ........................ was published in said newspaper in the issues of...J.u..~.y..2.1, 1980 Affiant further says that the said News Tribune i.s a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day except Saturday and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a period of on~ year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sw°rn t° and subscribe~d bef°re me (.~ .~.~~&T& This 21S~ . ~.day of, July 1980 ., (SEAL)' (./ Notary Public MY COMMISSION EXPIP~&S DEC 13 1983 i~ONDED THP,.U GENE~,AL INS. UNDEP,.WRITERS NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners in and for St. Lucie County, Florida, will at 9:00 A.M. on Tuesday~ August 5, 1980, in Room l'O1, St. Lucie County Administration Building, 2300 Virginia Avenuej Ft. Pierce, Florida, hold a public hearing on: Petition of THE BOARD OF COUNTY COMMISSIONERS to amend the St. Lucie County Zoning Resolutions, Section 24, COMPLAINTS REGARDING VIOLATIONS, by deleting the section in its entirety and substituting the following: "Whenever a violation of this Resolution occurs, or is alleged to have occurredj any person may file a complaint, but such complaint shall be in writing and shall be signed by the person complaining. Such complaint, stating fully the causes and basis thereof, shal-1 be filed with the Enforcing Official. The Enforcing Official shall record properly such complaint, immediately investigate, and take action thereon as provided by this Resolution. All interested persons will be given an opportunity to be heard at this time. Dated this 8th day of Jul'~ 1980. BOARD OE COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLO'RIDA PUBLISH: July 21, 1980 George D. 'Price Chairman BOARD OF COUNTY COMMISSIONERS JULY 8~ [980 ZONING - ADVERTISE PUBLIC HEARING Moved by Com, McCain, seconded by Com, Enns and, upon roll call, carried unanimously, to authorize readvertisement for public hearing on petition of Board of County Commissioners to amend the Zoning Resolution dealing with complaints regarding violations to be held on August 5, 1980. Action is necessary because of an error in original publication. AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY JULY 15j 1980 9:00 A,M. Petition of THE BOARD OF COUNTY COMMISSIONERS to amend the St, Lucre County Zoning Resolutionsj Section 24j COMPLAINTS REGARDING VIOLATIONS~ by deleting the section in its entirety and substituting the following: "Whene~er a violation of this ResOlution occursj or is alleged to have occurred~ any person may file a complaint~ but such complaint shall be in writing and shall be signed by the person complaining. Such complaint~ stating fully the causes and basis thereof~ shall be filed with the Enforcing Official, The Enforcing OffiCial shall record properly such complaint~ immediately investigate~ and take action thereon as provided by this Resolution," Notification of same was published in the News Tribune 15 days prior to public hearing. THE NEWS T~IBUN E Published Daily and Sunda~~L- Except Saturday Fort Pief'ce, St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUClE Before the undersigned authorit.v personally appeared Marvin DeBolt or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of ad- vertisement, being a pet±~ton hearinq .. Board of County Cc~missioners in the matter of ........................................ in the ..................... Court, was publish'ed in said newspaper in the issues of ............ '<~ 6/30/80 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce. in said St. Lucie County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucie County, Florida, each day except Saturday and has been entered as second class mail matter at the post office in Fort Pierce. in said St. Lucie County, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement' and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this. advertisement for publication in the said newspaper. sworn to and subscribed before me ' ;this - ~....39..~..~lay of....am_q. .......... ........... ............ (SEAL) ~610~[AI[Y 'I~UBLIi~ STATE OF FLOPd D~ AT LAP, GE ~y COMMISSION EXPtR, t~S DEC 13 1983 ~ONI)ED THP, U GF. Nt:KAL INS'. UND~.P,W,KITEP, S ~ 0 © 0 ~ ~ ~. NOTICE NOTICE IS HEREBY GIVEN that the Board of County Co~issioners in and for St. Lucie County, Florida, will at 9:00 A.M. on Tuesday~ July 1980, in Room l'Ql~ St. Lucie County Administration Building~ 2300 Virginia Avenue, Ft. Pierce, Florida, hold a public hearing on: Petition of THE BOARD OF COUNTY COMMISSIONERS to amend the St. Lucie County Zoning Resolutions, Section 24~ COMPLAINTS REGARDING VIOLATIONS, by deleting the section in its entirety and substituting the following: "Whenever a violation of this Resolution occurs~ or is alleged to have occurred~ any person may file a complaint~ but such complaint shall be in writing and shall be signed by the person complaining. Such complaint~ stating fully the causes and basis thereof~ shall be filed with the Enforcing Official. The Enforcing Official shall record properly such complaint, immediately investigate, and take action thereon as provided by this Resolution." All interested persons will be given an opport'unity to be heard at this time. Dated this 27th day of June, 1980. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA George D. Price Chairman PUBLISH: June 30, 1980 PLANNING AND ZONING COMMISSION JUNE 26j 1980 PUBLIC HEARING: Petition of the Board of' County Commissioners to amend the St. Lucie County Zoning Resolutions, Section 24, Complaints regarding Violations, by deleting the section in its entirety and substituting the following: "Whenever a violation of this Resolution occurs, or is alleged to have occurred, any person may file a~complaint, but such complaint shall be in writing and shall be signed b~ the person complaining. Such complaint, stating fully the'causes and basis thereof, shall be filed with the'Enforcing Official. The Enforcing Official shall record properly such complaint, immediately~investigate, and take action thereon as provided by this Resolu- tion.'' There being no discussion upon the petition, a motion to approve was made by Mr. Scott and second by Mr. Ebner. The motion passed by a unani- mous voice vote. The Planning and ZOning Commission will recommend approval of this petition to the Board of County Commissioners. AGENDA - PLANNING AND ZONING COMMISSION THURSDAY JUNE 26, 1980 7:30 P,.M, Petition of THE BOARD OF COUNTY COMMISSIONERS to amend the St, Lucie County Zoning Resolutionsj Section 24j COMPLAINTS REGARDING VIOLATIONS~ be deleting the section in its entirety and substituting the following: "Whenever a violation of this Resolution occurs~ or is alleged to have occurred, any person may file a complaint~ but such complaint shall be in writing and shall be signed'by the person complaining, Such comp. laint~ stating fully the causes.and basis thereof, shal! be filed with the Enforcing Official, The Enforcing Official shall record properly such complaint~ immediately investigate~ and take action thereon as provided by this Resolution," Notification of same was published in the News Tribune 15 days before public hearing, THE NEWS'~IBUNE Published Daily and Sund~'~I~-- Except Saturday Fort Pierce, St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authorit_v personally am)eared Marvin DeBolt or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of ad- vertisement, being a .. p~.tition ~ earing .................. in the matter of ...... .~?..d..of...c?A%.y' . .ccy~..'.s.s.i.cg. e.r.s' ........ ..................... in the ................... Court, was published in said newspaper the issues of ............ 6/11/80 Affiant further says that the said News ~, ribune is a newspaper published at Fort Pierce, in said St. Lucie County, Flori~ a. and that the said newspaper has heretofore been continuously published in s ~id St. Lucie County, Florida, each day except Saturday and has been entered post o~fice in Fort Pierce, m said St. Lucie year next preceding the first publication of an[l affiant further says that he has neither or co~pot~atio_~ ~ ~_ p any· discount, rebate, com~ seduring thisa~ffvertisement for publication i ~Swofn toand subscribed before me This .~.~. il.%.t~.. ..... day of . ~ ........ ~ ~ 1980. ( SE AL ) as second class mail matter at the 2ounty, Florida. for a period of one he attached copy of advertisement: paid nor promised any person, firm ission or refund for the purpose of the said newspaper. NOTARY PUBLIC STATE OF FLOP..I DA AT NJY COMMISSION EXPIP~$ DEC 13 1983 BOND. D THRU G~NERAL INS. UNDER. WRIT~]I~,S NQTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission for St. Lucie County, Florida, will at 7:30 P.M. on Thursday~ June 26, 1980, in Room lO1, St. Lucie County Administration Building~ 2300 Virginia Avenue, Ft. Pierce, Florida, hold a public hearing on: Petition of THE BOARD OF COUNTY COMMISSIONERS to amend the St. Lucie County Zoning 'Resolutions, Section 24, COMPLAINTS REGARDING VIOLATIONS, by deleting the section in its entirety and substituting the following: "Whenever a violation of this Resol.ut~on occurs, or ~s alleged to have occurred, any person may f~le a complaint~.but such complaint shall be in writing and shall be signed by the person complaining. Such complaint, stating fully the causes and bas~s thereof, shall be filed with the Enforcing Official. The Enforcing Official shall record properl~y such complaint, immediately investigate, and take action thereon as provided by this Resolution." All interested persons will be given an opportunity to be heard at this t~me. Dated this 4th day of June, 1980. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA Patricia L. Ki.ng Chairwomon PUBLISH: June ll, 1980 BOARD OF COUNTY COMMISSI-ONERS JUNE 3. 1980 ZONING - AMENDMENT TO ZONING RESOLUTION - ~IGHT OF ENTRY - SIGNED COMPLAINTS Admn. Lewis reviewed previous discussions, stating the Board has some reservations a~out allowing an inspector to go on private property without permission of the owner. Atty. Adams reported that he and Mr. Thomas discussed the change that was made recently about complaints received on violations - that heretofoD a person had to mak~ a signed complaint but now any anonymous complaint called on the phone has to be checked out and it has come to pass that sometimes neighbors complain just to harass each other. He recommended the Board go back to the former method of signed complaints. Even on a signed complaint the inspector may have to go on private property, but there will be fewer complaints. Com. Green said people may hesitate to give the names when complaining'~bout a neigb_bor- but Com. Park advised that he doesn't accept anonymous phone calls, and Com. Enns thought anonymous complaints put the County in the middle of neighborhood squabbles. Atty. Adams advised that building inspectors or Commissioners seeing an obvious violation can still refer the matter to the Building Dept. Moved by Com. Enns to refer the matter of returning to signed complaints to the Planning Zoning Commission, was seconded byCom. McCain, and upon roll call, unanimously carried. BOARD OF COUNTY COMMISSIONERS MAY 1980 ZONING - AMENDMENT TO ZONING RESOLUTION - RIGHT OF ENTRY- Admn. Lewis explained that Since persons objected to signing their names to compla? on neighborhood' zoning violations, the Board amended the Resolution ~o that complaints do n~ have 'to be signed but in doing so it also eliminated the "right of entry" on a person's pre. in order to take pictures etc. Moved by Com. Park to amend Sec. 16, paragraph 4 to conform to Sec. 24 to permit "right of entry, was seconded byCom. Green. Com. Green said he felt parmission should.be secumed before going on-private!property~ and Atty. Ada~ 'agreed he had some Tai~givings. Zoning Director Thomas suggested tabling the matter for-further study. ... Com. Park withdrew his motion and moved to table the matter until June 3, which was seconded:by Com. Park and upon roll call, unanimously carried. Atty. Adams was asked to check this out further. Section 23. PROVISIONS OF RESOLUTION DECLARED TO BE MINI~U~ ~QuI~TS In their interpretation and application, the provisions of this )lution shall be held to be minimum requirements, adopted for the ~motion of the public health, safety, morals, and general welfare St. Lucie County. Wherever the requirements of this Resolution at variance with the requirements of any other lawfully adopted les, regulations, resolutions, deed restrictions, or covenants, ie m6st restrictive or that imposing the higher standards shall ve ~ · Section 24. CO~PLAINTS REGARDING VIOLATIONS Whenever a violation of this Resolution Occurs, or is alleged have occurred, any person may file a complaint but such complaint hall be in writing and shall be signed by the person complaining. uch complaint, stating fully the causes and basis thereof, shall be iled with the Enforcing Official. The Enforcing Official shall .ecord properly such complaint, immediately investigate, and take ion thereon as provided by this Resolution. Section 25. PENALTIES FOR VIOLATION Violation of the provisions of this Resolution or failure to comply with any of its requirements shall upon conviction be punished by a fine not exceeding Five Hundred ($500) Dollars or imprisonment for a term not exceeding sixty (60) days or both. Each day such violation continues shall be deemed a separate offense. The owner or ~enant of any building, structure, or premises, or part thereof, and'any architect, building contractor, engineer, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the County from taking such other lawful action as is necessary to prevent or remedy any vliolation. Section 23 Section 24 Section 25