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Any action taken by the City Administrative Officer, or other person or employee as may be designated by the City Commission to enforce city ordinances may be appealed to the City Commission by any person cited hereunder. Such appeal must be in writing, stating with specificity the grounds of the appeal and it must be filed with the City Clerk within the same time allowed for abatement (without extension). The grounds for the appeal shall be stated in such appeal in detail. Such appeal shall be heard by the City Commission within 60 days of it being filed with the City Clerk. While such appeal is pending, the abatement notice shall be held in abeyance.
(Ord. 09-06, passed 8-11-09)
If any provision, clause, sentence, paragraph, or phrase of this subchapter or the application thereof to any person or circumstances is held, for any reason by a court of competent jurisdiction, to be invalid or unconstitutional, such decision shall not affect the validity of other provisions or applications of the provisions of this subchapter, which can be given effect without the invalid provision or application, and to this end, the provisions of this subchaapter are hereby declared to be severable. The City Council declares that it would have passed this subchapter, and every section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases were to be held invalid or unconstitutional by such court.
(Ord. 09-06, passed 8-11-09)
PORTABLE STORAGE CONTAINERS AND TRAILERS USED FOR STORAGE
“PORTABLE STORAGE CONTAINERS” shall mean and include any type of temporary storage structure, including but not limited to the following:
(A) Portable On Demand Storage Devices. Vehicles or trailers whose primary purpose on the property is to store personal property;
(B) Temporary building or structures, not otherwise covered by the restrictions of the Land Development Code;
(C) Dumpsters (defined as movable containers that are used to store items or debris pending removal from the property) are not covered by this subchapter when properly located on the property being served;
(D) A single portable storage containers capable of not holding more than a maximum of one cubic yard shall not be subject to this subchapter.
(E) Trash cans capable of holding not more than 100 gallons shall not be subject to this subchapter.
(F) This subchapter shall not apply to a portable storage container which is located in an enclosed area, such as an enclosed garage.
(G) The fact that a portable storage container is without wheels is immaterial so long as the container is designed for and is capable of being moved or relocated.
(Ord. 07-03, passed 7-10-07)
No portable storage containers as defined herein shall be allowed to be located on or remain on any residentially zoned real estate in the city without first securing from the city a permit.
(A) A permit shall be issued for a maximum of 14 days from the earlier of the date of issuance or the date on which the portable storage container was located upon the property.
(B) No more than two permits shall be issued for the location of a portable storage container on the same lot during the same calendar year where the lot is under the same ownership.
(C) Periods of three days or less shall not be counted where a portable storage container is returned to the property for the purpose of unloading.
(D) The City Clerk or his/her designee shall provide application/permit forms for the purpose of securing a permit.
(E) There shall be subtracted from the 14 days otherwise allowable two days for each one day that the portable storage container is located on the property without a valid permit.
(F) A permit shall state the date of issuance and an expiration date.
(G) The container shall not be placed on public property.
(Ord. 07-03, passed 7-10-07)
In the case of emergencies, such as floods, wind storms, fires or other acts of God, and man made disasters such as sewage back-ups, water leaks, electrical overloads and other such events that damage property, code enforcement officials shall not be allowed to enforce the provisions of this subchapter and shall make reasonable allowance for the extension of all time periods, limits on numbers of containers, locations of containers on the property or other appropriate waivers where necessary to assist in recovery, restoration, mitigation of further damage and construction efforts. A permit is still required.
(Ord. 07-03, passed 7-10-07)
At the time a permit is issued, the applicant shall pay a fee to the city of $10.00, payable within 30 days of application. In the event that the permit is not obtained within two days after the container is placed on the property without a permit, the permit fee shall be $50.00 Dollars.
(Ord. 07-03, passed 7-10-07)
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