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HomeMy WebLinkAboutBoard of County Commiss... (11)'RESOLUTION NO. 81-64 ATTE S T: WHEREAS, the St. Lucie County Planning and Zoning Commis~$on after holding a :public hearing of which due notice was publ:ished at least fifteen (15) days prior to said hearing, has re to the Board of County Commissioners of St. Lucie County hereinaTter deletion to Section 24 of the Comprehensive Resolution be Granted, and WHEREAS, the Board of County Commissioners held a publi:c hearing on April 28, 1981, after publishing a notice of said hear- ing in the News Tribune on April 13, 1981. NOW, THEREFORE, BE IT RESOLVED by the Board of County Cc sioners of St. Lucie County, Florida, in meeting assemjb1~d~i 28th day of April, 1981, as follows: 1. That the present"Section' ' 24" be deleted .in its entir~ :y and substitute the following: "Section 24, Complaints Regarding Violations;.. to-wit: Whenever a violation of this Resolution OCcurs or is alleged to have occurred, any person may' file a complaint.with the Enforcing ~fficial. The Enforcing official shall record properly such complaint, immediately investigate, and take action thereon as P~ovided by %his Resolution.,, (Amended ~-28-81. Res. 81-64) BOARD OF COUNTY CO~MISSIONERS ST. LUCIE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF ST. LUCIE The undersigned, Clerk ?~ the County and State =~-~ ~e_Board of Count adore and ~ .... ~ . ~uz~sal~ does __y. Commlssluners = ~ ..... ~u~ng is atr ...... hereby c~rtlf~ t ~ ~o~utio~ ~ ..... ~ ~u corre~+ ...... ~ ~u nne · ~ -~ ~uop~e~ D th ~ · ~ ~upy oz a de · a meetmnc h=~ -- - ~ e sa~d Board ~ .... letlon to of ~~ 'Witness my 1981. hand and the seal of said Board this }Q~ day Roger Poitras, Clerk of the Bo of County Commissioners of St~ Lucie County, Florida Y Cle BOARD OF COUNTY COMMISSIONERS April 28, 1981 ZONING - PUBLIC HEARING - REZONING Proof of Publication presented for Petition of the B~ C°~~~i~rSzoning Resolutions, to amend Section 24 of the St. Lucie County present "C°mp~in~D~_~egardinq ViolatiOns,, section in it~ entirety End substituting the' by deteting the following: "Section 24, Complaints Regarding Violations - Whenever a violation of this Resolution occurs, to have occurred, any person may file a complaint with t~eged Enforcing official. The Enfo · · . such complaint imm ~=~A~_ .rclng official shall ~_ _ · e~~y ~nvesti~at~ ~_= _ _ record properly as provided by this Resolution.,, ~ ~, ~u ~aKe action theron Mr. Ament commented that this had been discussed at two wokk sessions. Mr. Ament sent the County Administrator a lengthy randum dated January 30, 1981 outlining his recommendations. The had copies of this memorandum. Mr. ~ment recommended if the Bo to attempt to improve upon the existing zoning violation enforc, situation several things would have to be done. The Board then these recommendations. .Mr. Bob Bluestone, of the Chamber of Commerce said he agrees Mr..Ament,s recommendations and feels the beautification and cle of St. Lucie County is very important. He would like to have an in the Zoning Enforcement staff and add a clerical person and make part-time zoning inspector a full time inspector. Ms. Julie McAninley, Pres. of the Ft. Pierce . Port St Lucie of Commerce and Cindy Bryant· Chairman of the St. Lucie Pride Mon: also present. - Com. Enns suggested this be scheduled for a work session to dis~ the recommendations of Mr. Ament. The Board agreed. Com. Green suggested assigningDon Booh spector to be a fulltime ins~ec~L .... er, the part-time on the recommendations .... ~ uuz untz~ the Board has made Moved by Com. Green to approve the Petition~ seconded by Com. Pa~ Com- McCain said he would like to remind the Board the Building ~oning Department has to stand on its own income. He suggested Mr. ~nd Mr. Poitras advise the Board· after auditing the Building & zoni ~inancial records, how many ad valorem taxes would have to be levied [e said he feels beautification is very necessary in our County and 'iolations should be dealt with properly but, at the same time, he ot believe in anonymous calls to be running an inspector all over th~ ounty day and night. Com. Snyder suggested an increase in the fees paid to the Buildi Dning Dept. to offset the extra expenses. Com. Enns asked Com. Green if he wished to include the $33,400.Mr. felt is necessary in his motion to approve the petition and C-Om. said no, that he did not want to include it. The vote was then polled as follows~ Ayes~ Green Palmer and Enn Nayes~ McCain and Snyder. Motion.carried. · THE NEW~ ~'~RIBUNE Published Dai~y an.d Sunday--Except Saturday STATE OF FLORIDA Fort Pierce, St. Lucie County, Florida ,,~ T. LUCIE: COUNTY COUNTY OF ST. LUCIE 19~1 i~A'~' 13 PI~I 3:02 Before the underszm~ed a,,~-h,,..:,. ......... ~d, ,,~ .~c[.~}~,~r:.~ James J. McMfllen or ~hlo~ g T -~, · V~g., Ka ........ --. ~ewiaJr, who on oat~ ThesaySNewsthat he/sheTribune,iS Publisher, Publisher's Secretary of ~dail~ n~sp~per published at Fort Pierce in St. Lucie uoun;y, r'londa; that the attached copy of advertisement, being a. peciClon hearing in the matter of amend Section 24 was published in said newspaper in the iSsues of. ......... ........................... 4g13/8~ Affiant further says that the said News Tribune ismf.~. ~a newspa er published at 'Fort Pierce, in said St. Lucie County, Florida, and th , · co , nuou y ~o~%~.o~ur~ and has been entered as second ,~n~, r'l?[ma, each ~ ~ mute ~n r'or~ ~ierce in ~,~ e~ T --~:- ~ u~'~ ~m~ marker at the . . ..... ~. ~uc~e uount F1 ' · or cor~;;~;y'mer sCys mat he has neither paid nor-ro~Yt~avemse%9nj; r uuun any aiscount reba* ..... , , . r ;' _ ~ uny person, fkm securing tMs a~veCti ...... ~- ~5' ~muasmgn or remno ~or the nurnn~ Swor~ ~ ~_~ ; ~(, ?~u~mr pumica[ion in the said n~ ........ * ~ · ~ ~u a~m suDscriDeo belore me .... This .... -.. ~3~.~ ..... day of. ~g. ~' (S~ ~otary P~l}c ~T~Y PUBLI:~'E ~; DA AT ~RGE ~Y COMmISSiON EXPt~ES D~C 13 1983 _~ JOND~. ..... .TH~U G~N~AL INS AGENDA - BOARD OF COUNTY COMMISSI-ONERS TUESDAY APRIL 28, 1981 9:00 A.M. Petition of THE BOAR~ OF COUNTY COMMISSIONERS to ~mend Section 24 of the St. Lucie County Comprehensive Zoning Resolutions, "Compleints Regarding Violetions", by deleting the present section in its entirety end substituting the following: "Section-24, Complaints Regarding Violations ~henever a violation of this Resolution occurs, or is a)~eged, to have occurred, any person may file a complaint, with the Enforcing official, The Enforcing official shall record properly such complaint, immediately investigate, and take action thereon as provided by this Resolution,- Prior to this public hearing, notice of the same was published in the News Tribune at least ]5 days prior to meeting, 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, April 28, 1981 in Room 101, St. Lueie County Administration Building, 2300 Virginia Avenue, Ft. Pierce, Florida, hold a public hearing on: Petition of the BOARD OF COUNTY COMMISSIONERS to amend Section 24 of the St. Lucie County Comprehensive Zoning Resolutions, "Complaints Regarding Violations", by deleting the present section in its entirety and substituting thefollowing: "Section 24, Complaints Regarding Violations. Whenever a violation of this Resolution occurs, or is alleged to have occurred, any person may file a complaint with the Enforcing official. 'The Enforcing official shall record properly such complaint, immediately investigate , and take action thereon as provided by-this Resolution." All interestered persons will be given an opportunity to be heard a-t this time. Dated this 6th day of April 1981. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA PUBLISH: APRIL 13, 1981 /s/ Edward G. Enns Edward G. Enns, Chairman PLANNING AND ZONING COMMISSION MARCH 26, 1981 PUBLIC HEARING Petition of the Board of County Commissioners to amend Section 24 of the St. Lucie County Comprehensive Zoning Resolutions, "Complaints Regarding Violations": by deleting the present section in its entirety and substituting the following: "Section 24, Complaints Regarding Violations Whenever a violation of this Resolution occurs, or is alleged to have occurred, any Person may file a oomplaint with the Enforcing official. The Enforcing official shall record properly such complaint, immediately investigate, and take action thereon as provided by this Resolution." Julie MeAninley, president of the Ft. Pierce-Pt. St. Lucie Chamber of Commerce,--spoke in behalf of this amendment and stated the Chamber of Commerce recommended in 1979 that verbal complaints be accepted and the Zoning Resolution was changed but in early 1980 the proeedume reverted back to signed complaints being required without the knowledge of the Chamber. She also spoke in behalf of the Improvement Beautification Committee. She stated that some peoplewould be afraid to make a complaint if they had to sign-their name and at that time a Mrs. Royce recited an incident where some neighbor had been shot at after having made a complaint to the Eheriff's office. Mr. Tiernan made a motion to amend the Resolution and it was seconded by Mr. Moore. Upon vote, motion passed unanimously. MEMORANDUM FROM: DATE: SUBJECT: Planning and Zoning Commission County Development Coordinator March24, 1981 March 26, 1981, RezoningPublic Hearing BOARD OFCOUNTYCCMMISSIONERS - To amend the Comprehensive Zoning Resolution to allow for anonymous, unsigned complaints of alleged zoning violations. Attached you will find two M~mor~ to the Board of County Ccn~missioners which the Board refered to you for consideration along with the proposed zoning resolution am~x~nent. I feel that it is important for the Cc~ntission to note- that accepting unsigned, anonymous cc~plaints will not, in and of itself, con- tribute significantly for elimination of zc~ing violations. MEMORANDUM TO: FROM: DATE: SUBJECT: County Administrator County Development Coordinator February 7, 1981 Zoning Violations As directed by the Board at its Work Session on February 2, 1981, I have prepared an estimate of the cost of implementing recommen- dation #2 in my Memorandum of January 30, 1981, to you. Total estimated costs for a full year are as follows: 1. Inspector 2. Building and Zoning Clerk I 3. Automobile 4. Typewriter 5. Additional Equipment $14,300 9,600 7,500 1,000 1,000 TOTAL $33,400 If the Board feels that the above cost cannot be absorbed in an attempt to improve upon existing zoning violation enforcement situa- tion, I would recommend deletion of the additional Inspector and automobile. The net impact would be that the existing Inspector could spend all of his time in the field without having to spend roughly half of his time in the office on research and preparing necessary paperwork. Based upon practical and continuing experience, I would also like to take this opportunity to stand by all of the information, conclu- sions, and recommendations contained in my Memorandum of January 30, 1981, to you. I feel that the information, conclusions, and recom- mendations presented are still completely valid, despite other com- ments at~ the Board's Work Session, which apparently indicated dis- agreement. ..1 YEAR PROJECTION INSPECTOR $ 14,330. B&Z CLERK I AUTOMOB I LE TYPEWRITER ADD I T I ONAL EQUIPMENT 9~90, 7,500. 1, OOO. 1,000. $ 33,520 MEMORANDUM FROM: DATE: SUBJECT: County Administrator County Development Coordinator 'January 30, !981 Zoning Violations As directed by thee County Commission at its Work Session on January 5, 1981, I have investigated the possible impact of amending the Comprehensive Zonin§ Resolution to eliminate the need for a si§ned zoning violation complaint. For purposes of providing background information, I have pre- pared the following summary of enforcement procedural guide- lines and enforcement activity. ENFORCEMENT PROCEDURES 10. 11. 12. 1. YJritten zoning violation complaint received 2. Trip to site of alleged violation 3. Violation confirmed (or dismissed) 4. Identification of owner of property through property tax records research 5. Complaint card prepared 6. Location map prepared 7. Trip to site of violation for personal contact and notice of violation (red tag) delivered personally or left at property (normally a two (2) week period is allowed to abate the violation) 8. Certified Notice of Violation mailed to prope-,~ty owner within twenty-four (24) hours 9. Copies of applicable portions of Resolutions or Ordinances which have been violated sent with Certified Notice of Vie 1 at ion Return trip to site of violation after expiration of time allowed for abatement If the violation is abated, the case is closed If the violation is not abated, the matter will be turned over to the State Attorney's Office for legal action, if required. In the typical zoning violation illustrated above, a minimum of three (3) site visits is required, involving an average of six (6) man-hours. If the zoning violation is not abated and re- County Administrator January 30, 1981 Page Two ferral to the State Attorney's O£fice is required, an addi- tional average of three (3) site visits normally will be necessary as requested by the State Attorney's Office for follow-up to ascertain if the case actually requires court action. · ENFORCEMENT ACTIVITY (1/80-12/80, inclusive) On May 22, 1979, the Comprehensive Zoning Resolution was amended to allow for unsigned and/or verbal alleged zoning violation complaints. On August 5, 1980, the Comprehensive Zoning Resolution was again amended to require signed and Written alleged zoning violation complaints. For calendar year 1980, the table below presents monthly aver- ages for the two'(2) previously described situations. UNSIGNED AND/OR VERBAL COMPLAINTS SIGNED AND WRITTEN COMPLAINTS VERIFIABLE PERCENT COMPLAINTS ABATED ABATED 33 20 61 23 18 78 For calendar year 1980, 354 total alleged complaint violations were received in verifiable form. Of the 354 total complaints received, 93 were dismissed as not being a violation. O£ the remaining 261 confirmed violations, 230 were abated, represent- ing 88 percent of confirmed violations. During calendar year 1980, 27 zoning violations were referred to the State Attorney's Office for possible court action, Eleven (11) of the 27 (41 percent) are still unresolved. In addition to the above zoning violation enforcement activity, 822 construction and miscellaneous inspections were made by the person in charge of zoning violation enforcement. COMMENTS AND RECOMMENDATIONS One inspector is assi'g~ed less than full=time to cover approxi- mately 487 square miles of land area in the unincorporated county. My research has indicated that the number of abated violations is not significantly different between situations of unsigned and/or verbal complaints and signed/written complaints. However, the abatement rate for the situation of signed/written complaints is significantly higher. Consequently, it seems apparent that no County Administrator January 30, 1981 Page Three significant increase in zoning violation enforcement would be gained by eliminating the need for signed zoning violation complaints. If the County Commission wishes to attempt to improve upon the' existing zoning violation enforcement situation, I would recom- mend that the Board consider the following' Establish a continuing and positive administrative and staff relationship with'the State Attorney's Office and the court system in order to emphasize the importance of zoning violations; Increase county staff in order to improve upon the 88 percent abatement rate for confirmed zoning violations and to provide required support for actual inspection personnel; Require-the Urban-Forester, if possible, to strictly en- force on a continuing basis the provisions of the County's Landscaping Regulations; 4. Amend Resolution 65-18, Section 1, Paragraph (5), to read- "5. Unserviceable Motor Vehicles - Any auto- mobile, truck, tractor, or other motor vehicle which, due to age, wear, or general deteriora- tion is not in operating condition, does not bear current license plates, and does not bear a current inspection decal, except for vehicles having historic or antique value when such ve- hicles are stored in enclosed buildings."; Do not a~iehd tile ~' .......... ~omution ~omprenens~ve Zoning ......... to allow for unsigned and/or verbal alleged zoning violation complaints. An alternative might be to allow the Fort Pierce-Port St. Lucie Chamber of Commerce Community Appearance Committee to receive, screen, and verify "anonymous" complaints and transmit written complaints to this office; and, Adopt more stringent sign regulations, possibly modelled after Fort Pierce regulations or other effective regula- tions in other jurisdictions. JGA/mm cc' County Attorney B~ilding Inspection Personnel (6) W. Lewis -2- March 27, 1981 28, 1981: iinued) Petition of William F. Johnson and Julian D. Smith for a change in ~oning from R-lC (single family dwelling) to B-3 (arterial business)for property located on South 33rd Street, 325' South of Okeechobee Road. ~ Petition of the Board of County Commissioners om o amend Section 24 of__~ucie .¢~KL~ preh~esolutions, "Complaints Regarding Violations" cc: Jo Rice W. R. McCAIN. District NO. I E. E. GREEN, Distdct No. 2 2300 VIRGINIA AVENUE 33450 · MAURICE SNYDER. District No. 3 · EDWARD G, ENNS. District No. 4 · BILL PALMER. District No. 5 March 27, 1981 TO: FROM: RE: Weldon Lewis, County Administrator J. Gary Ament, County Development Coordinator Request for Hearing Dates Please place on the agenda for Tuesday, April 7, 1981 a request for permission to advertise the following petitions for hearings on the dates set forth. April 21, 1981: Petition of Euroland USA Corp. as agent for Tatawi Corp. et al, Richard Sneed, P.A., Representative for a change in zoning from A-1 (agricultural to PDP (Planned Development Project)on property located West side of Johnston Rd, No. of Angle Rd. Ext, approx. 1 mile W. of Kings Highway. Petition of Florida Power 8 Light Co., Charles D. West, Agent for a change in zoning from A-1 (agrieultural)and B-3 (arterial business) to PS-1 (public service district) for property located on the west side of U.S. #t, 13007 North of Kitterman Road. Petition of Regina K. Bishop by Agent Elmer Cox for a change in zoning from A-1 (agricultural) to B-2 (limited business)for property located adjacent to east ROW-of 1-95 and North of Orange Avenue. April 28, 1981: Petition of Stephen Stromak for a change in zoning from A-1 (agricultural) to M-1 (Industrial distrimt) for property located on the north side of Metzger Rd, west of Angle Rd. AGENDA - PLANNING AND ZONING COMMISSION THURSDAY '~RC~. 26, I981 7:30 P,M, Petition of THE BOARD OF COUNTY COMMISSIONERS to amend Section 2q of the St, Lucie County Comprehensive Zoning Resolutions, "Complaints Regarding Violations% by deleting the present section in its entiFetv and substituting the following: "Section 24, Compleints Regarding Violations Whenever e violetion of this Resolution occurs, or is alleged to have occurred, any person may file o com~leint with the ~nforcing official, The Enforcing officiel shell record properly such complaint, immediately investigate, and take action thereon as pFovided by this Resolution," Prior to this public hearing, notice of the same was published in the News Tribune et least 15 days PFiOF tO meeting, THE NEW~F~'RIBUNE Published Daily and Sunday Except Saturday ~ Fort Pierce, St. Lucie County. Florida ST .~~J..L~'T ~ STATE OF FLORIDA COUNTY OF ST. LUCIE jO~J~ J~j~Jj J G ~ ~ j 0 Before the undersized authority pers~~~e~ James J. McMillen or Kathleen K. LeCI~~6~ oath says that he/she is Pub~sher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a... ~.~.~n.. b~.~r~ ......... in the matter of. amend section 24 was published in said newspaper in the issues of .......... 3/11/81 Affiant further says that the said News Tribune i_s a n_ewsp.aper published~ at Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper bas 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 OhO year next preced/ng the fi~_st p. ub.lication,,of the .attached copy ,of advertis_~.m~i~ andaffiant further sg?s that he has neisner paiu nor prommeu any person, or corporation any d~scOunt, rebate, commission or refund for the purpose of secUring this advertisement for publication in the said newspaper. Sworn to a~d subscr~be~ before me llth MAR This ................ day of ........... / ./~., · ., , ........ : ......... ~ ....... ~ '~ ........ ......... .~ ...... · · .~,~-.~,1~.~. .... ,c..~,,~'./.~-,~,~,(--.,'7~..--~. q%.. MY CO.,~V,,SSION EXPIRES DEC 13, ~983 (~EAL) ~ ~,/' ~lo[,ary I-'uDI1C BOND D Ti-:KU GENE~.AL INS. UNDERWRITEIJS -- NOTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission for St, Lucie County, Florida, will at 7:30 P,M, on Thursday, MARCH 26, 1981', in Room lO1, St, Lucie County Administration B~ilding, 2300 Virginia Avenue, Ft, Pierce, Florida, hol~ a public hearing on: Petition of THE BOARD OF COUNTY COMMISSIONERS to amend Section 24 of the St, Lucie County Comprehensive Zoning Resolutions, "Complaints regarding Violations", by deleting the present section in its entirety and substituting the following: "Section 24, Complaints Regarding Violations Whenever a violation of this Resolution occurs, or is a~]eged to have occurred, any person may file a complaint.with the E~forcing 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 5TH day of March, t981,- PLANNING AND ZONING COMMISSION ST, .LUCIE COUNTY, FLORIDA R,-K, AVIS, CHAIRMAN _ _ PUBLISH: MARCH l'l',' TO: FROM: RE: DATE: MEMORANDUM ST.l Development Coordinator County Administrator ZONING VIOLATIONS - ELIMINATION OF SIGNED COMPLAINTS February 11, 1981 This memorandum is to confirm action by our Board February 1981, wherein a recommendation that signed complaints for zoning violations be eliminated, was referred to the Planning and Zoning Commission for further action regarding amending the Zoning Resolution. Please proceed accordingly. We!don B. ~ WBL/iw cc: County Attorney Section 23° PROVISIONS OF RESOLUTION DECLAHED TO BE MINIMUM REOUIREMBNTS In their interp~etation and application, the provisions of this Resolution Shall be held to be min~um requi~ements, adopted for the ~romotion of the pUblichealth, safety, morals, and general welfare ~f"Sto. Lucie county, h~ereVer the ~equ~rements_ of .thi~ '?.sol,ti.on_' ~-e at variance with the requiren~nts of any other l~luizy adopted rules, ~egulations, resolutions, ~eed rest~ictions, or covenants, the .most ~estrictive or that i~posing the higher standards shall govern. Section 24. COMPLAINTS REGARDING VIOLATIONS Whenever a violation of this Resolution occurs, or is alleged to have occurred, any person may file a complaint with the Enforcing Official. The Enforcing Official shall record properly such com- plaint, i~mediately investigate, and take action thereon as provided by this Resolution. (Amended 5-22-79) Section ~2%. PENALTIES FOR VIOLATION Violation of the provisions of this Resolution or failure to co~- ~ly 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 ~eemed a separate offense. The ~ner or tenant of any building, structure, or premises, or part thereof, and any architect, building contractor, engineer, agent, or other person Who commits, partic_ipates_in, assis.ts in, 'or maintains such violation may each be found guil.ty o£ a separate offense .and suf- fer 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 violation. Section 23 Section 24 Section 25