Loading...
Pursuant to F.S. Chapter 166 and § 893.138, the City Council hereby creates the public nuisance abatement process and designates a Special Magistrate to hear public nuisance complaints. It is the intent of this section to establish a public nuisance abatement process to promote, protect, and improve the health, safety and welfare of the citizens of the city by providing an equitable, expeditious and effective method to abate public nuisances. The Special Magistrate shall have authority to hold hearings and assess fines against property owners and issue orders having the force of law in accordance with the terms and conditions herein set and under the authority of F.S. Chapter 166 and § 893.138. The Special Magistrate may impose fines not to exceed two hundred fifty dollars ($250.00) per day for public nuisances; requiring payment of reasonable costs, including reasonable attorney's fees, associated with the investigations of and hearings on public nuisances; imposing fines not to exceed five hundred dollars ($500.00) per day for recurring public nuisances; providing for continuing jurisdiction for a period of one (1) year over any place or premises that has been or is declared to be a public nuisance; providing for the recording of orders on public nuisances; providing for recorded orders on public nuisances becoming liens against the real property that is the subject of the order; and providing for the foreclosure of property subject to the lien and the recovery of all costs, including reasonable attorney's fees, associated with the recording of orders and foreclosure. The jurisdiction of the public nuisance abatement Special Magistrate shall not be exclusive.
(Ord. 2022-11, passed 1-20-22)
PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY
The duties and responsibilities of the Planning and Zoning Board shall be established by the Legislature of the State of Florida as set forth in the Local Government Comprehensive Planning Act [i.e., F.S. Ch. 163], and the Board shall have the authority to exercise those powers granted therein. The Board shall also have the responsibility and authority to hear and make recommendations concerning variances and appeals from the terms of the Land Development Code pursuant to § 172.025.
('74 Code, § 18½-22) (Ord. 81-28, passed 8-20-81; Am. Ord. 2010-73, passed 11-4-10)
(A) Membership.
(1) The City Council shall appoint a seven (7) member Planning and Zoning Board. The members of the Board shall have been residents of the city for at least one (1) year, and shall be appointed on the basis of experience, knowledge, and/or interest in the area of local planning.
(a) Each Council seat shall appoint one (1) member. Subsequent appointments shall coincide with the Council seat and not the term of office of the Councilmember.
(b) The two (2) remaining members’ positions shall be considered at-large. The members shall be selected by using the City Council’s process for filling board positions.
(2) The School Board of Brevard County shall appoint a representative of the school district to serve as a nonvoting member, to attend those meetingsat which applications for comprehensive plan amendments and rezonings to increase residential density are considered.
(3) A military liaison shall be appointed as an ex officio, nonvoting member by Patrick Air Force Base, 45th Space Wing, to attend those meetings at which applications for comprehensive plan amendments, rezonings, or modifications to land development regulations are considered that impact the Malabar Transmitter Station (Malabar Annex).
(B) Appointments.
(1) All appointments shall be made for a term of three (3) years.
(2) Appointments to fill any vacancy on the Board shall be for the remainder of the unexpired term of office.
(3) The School Board shall determine the term of its appointee.
(4) Patrick Air Force Base, 45th Space Wing, shall determine the term of its appointee.
(C) Any member who fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the Chairperson shall automatically forfeit his or her appointment. The Chairperson shall notify the City Council of any vacancy, at which time the vacancy shall be promptly filled.
(D) The members of the Board shall elect a Chairperson at their first meeting. The presence of four (4) or more members shall constitute a quorum of the Planning and Zoning Board.
('74 Code, § 18½-23) (Ord. 81-28, passed 8-20-81; Am. Ord. 2002-46, passed 7-2-02; Am. Ord. 2006-70, passed 7-6-06; Am. Ord. 2010-57, passed 10-21-10; Am. Ord. 2015-09, passed 3-5-15; Am. Ord. 2015-65, passed 12-17-15; Am. Ord. 2016-47, passed 8-4-16)
(A) The meetings of the Planning and Zoning Board shall be conducted in accordance with the “government in the sunshine” law, pursuant to Florida Statutes.
(B) The Planning and Zoning Board shall hold its initial meeting the first Wednesday after passage of this subchapter; beginning at 7:00 p.m. at the city hall of the city. The Board shall meet at least once per month on a day to be designated in its bylaws.
(C) As its first order of business, the Planning and Zoning Board shall be required to adopt a set of rules, regulations, and bylaws to determine the manner in which its meetings shall be held, and to appoint a person to be responsible for the indexing and safekeeping of all books, records, transcripts, materials, minutes, and other items that may come into the possession of the Planning and Zoning Board for delivery and preservation to the City Clerk who shall possess and dispose of such items as provided by law. The proposed rules, regulations and bylaws of the Board shall be submitted to the City Council for approval.
(D) The minutes of the Planning and Zoning Board shall be recorded and transcribed in accordance with state law.
('74 Code, §18½-24) (Ord. 81-28, passed 8-20-81)
Loading...