Loading...
The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. All time periods shall be based upon calendar days unless otherwise specified. If the last day of a time period falls on a Saturday, Sunday, or a legal holiday, the time period shall be extended to the next day that is not a Saturday, Sunday or legal holiday.
(Ord. 2010-08, passed 10-4-2010)
2.12(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the effective date of the ordinance repealing or modifying it, unless otherwise expressly provided.
2.12(B) When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
(Ord. 2010-08, passed 10-4-2010)
As histories for the
sections, the specific number and passage date of the original ordinance, and the amending ordinances, if any, are listed following the text of the Code section. However, in 2010, the Code was rewritten and codified, and section histories prior to 2010 are not listed in the Code Book. They are kept on file with the City Clerk.
Example: (Ord. 10, passed 5-13-1960; Am. Ord. 15, passed 1-1-1970; Am. Ord. 20, passed 1-1-1980; Am. Ord. 25, passed 1-1-1985)
(Ord. 2010-08, passed 10-4-2010; Am. Ord. 2024-02, passed 4-1-2024)
2.14(A) Bond Form.
All bonds provided to the
shall be in a type and form acceptable to the
and
, except as otherwise provided herein. The City shall pay no interest, earned or otherwise, on cash bonds during the time that the City holds them.
2.14(A)(1) Anytime a cash bond is required it shall be in the form of a cashier's check or money order. The
shall pay no interest, earned or otherwise, on cash bonds during the time that the City holds them.
2.14(A)(2) The surety company issuing the surety bond shall fulfill each of the following provisions, and the contractor shall provide evidence to document such fulfillment:
2.14(A)(2)(a) The surety company is licensed to do business in the State of Florida.
2.14(A)(2)(b) The surety company holds a valid certificate of authority, authorizing it to write surety bonds in the State of Florida.
2.14(A)(2)(c) The surety company has twice the minimum surplus and capital required by the Florida Insurance Code at the time the Agreement is executed.
2.14(A)(2)(d) The surety company is otherwise in compliance with the provisions of the Florida Insurance Code.
2.14(A)(2)(e) The surety company holds a valid certificate of authority issued by the United States Department of the Treasury under 31 U.S.C. § 9304-9308.
2.14(A)(2)(f) The bond shall contain all provisions required by F.S. § 255.05.
2.14(A)(2)(g) The bond shall be issued by a Florida resident agent.
2.14(A)(2)(h) A surety bond shall be executed by a surety company of recognized standing having been in business with a record of successful continuous operation for at least five years.
2.14(A)(2)(i) The surety company shall meet a minimum financial rating by AM Best Company of no less than "A- Excellent: FSC VII" and shall have at least a minimum policyholders rating of A-Class VII or higher. In the event that the surety company's rating shall drop, the surety company shall immediately notify the
.
2.14(A)(2)(j) All surety companies are subject to review and approval by the
and may be rejected without cause. All bonds signed by an agency shall be accompanied by a certificate of authority to act.
2.14(B) Letter of Credit. Anytime a cash bond is required, an entity that is exempt under the Internal Revenue Code, 26 USC Sec. 501(c)(3) may petition the City Manager to utilize a letter of credit in lieu of a cash bond. The bank issuing the letter of credit shall meet the following criteria:
2.14(B)(1) Be a Federal or Florida chartered bank with a principal branch office located within the legal boundaries of the
.
2.14(B)(2) Be a member of the Federal Reserve System.
2.14(B)(3) Be insured by the FDIC.
2.14(B)(4) Be a “Qualified Public Depository” in conformance with the Florida Security for Public Deposits Act (Chapter 280 F.S.).
2.14(B)(5) Have total assets exceeding $50 billion.
2.14(C) Governmental Entities. The
shall have the power to waive any bond requirements for governmental entities.
(Ord. 2010-08, passed 10-4-2010; Am. Ord. 2014-09, passed 3-17-2014; Am. Ord. 2024-02, passed 4- 1-2024)
2.15(A) Limitations. The issuance or granting of a permit, license or approval shall not be deemed or construed as an approval of a violation of any of the provisions of the
. No permit, license or approval presuming to give the authority to violate or cancel the provisions of these regulations shall be valid unless supported by a variance. Nor shall such permit, license or approval prevent the enforcing from thereafter requiring the correction of errors in said plans and specifications or from preventing
operations being carried on thereunder when in violation of these regulations.
2.15(B) Suspension and revocation. The
may suspend or revoke, in writing, a permit, license or approval issued under provisions of this
, whenever the permit, license or approval is issued on the basis of a misstatement of fact or fraud. The holder of any permit, license or approval that is issued on the basis of a misstatement of fact or fraud may not rely upon such issuance and may not assert any claim of estoppel based thereon. The written suspension or revocation shall describe the appeal process. The notice of the suspension or revocation shall be sent by certified mail, return receipt requested. Any
having an interest in the permit, license or approval may appeal the suspension or revocation to the
, by filing a written notice of appeal with the City Clerk within 15 days after receipt of the written notice of suspension or revocation.
(Ord. 2010-08, passed 10-4-2010; Am. Ord. 2024-02, passed 4-1-2024)
2.16(A) Quasi-judicial decisions of the
. Any claiming to be injured or aggrieved by any final action of the acting in its quasi-judicial capacity may present to the Circuit Court of the county a petition for writ of certiorari to review such final action as provided by
. Such petition shall be presented to such court within 30 days after the rendition of an order evidencing the final action of the . No act, other than the issuance of, or refusal to issue, a
by the , is intended to be a final action under this Chapter for the purpose of judicial review of quasi-judicial decisions.
2.16(B) Legislative decisions of the . Any claiming to be injured or aggrieved by any final action of the acting in its legislative capacity may seek review of such final action as provided by law.
2.16(C) Decisions of the
. Except for decisions of the under § 3.03(a) of the City Charter and Chapter 60 of the City Code, no decision of the shall constitute final action of the . Unless otherwise provided for in this Code, any claiming to be injured or aggrieved by any such decision of the shall first appeal such decision to the . Written notice of such appeal must be filed with the within ten days of the date of the decision to be appealed. The standard of review for such appeals to the shall be de novo.
(Ord. 2010-08, passed 10-4-2010; Am. Ord. 2024-02, passed 4-1-2024)
2.17(A) Application. A request for relief under this Section shall be required prior to any filing a lawsuit based upon federal
; F.S. Chapter 761 (“Religious Freedom Restoration Act of 1998"); F.S. Chapter 760 (“Florida Civil Rights Act of 1992”); or the Florida Constitution. The request for relief shall be filed with the
. The request shall contain all information as necessary for evaluating the relief requested.
2.17(B) Application and hearing. The shall hold a public hearing within 75 days of the determining that the application is complete, unless such timeframe is extended by the requesting relief. The , after a public hearing, may: (a) grant the relief requested; (b) grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request; or (c) deny the request.
2.17(C) Notice. At least 20 days before a public hearing on an application for relief under this Section, the shall display a notice on the ’s public notice bulletin board, which shall describe the request for relief and state the location, date and time of the applicable public hearing. If the request for relief relates to the use of a specific parcel of privately owned real property, the notice shall include the address of the subject real property, and, in addition to the posting of the notice on the ’s public notice bulletin board, the , at its expense, shall deliver a copy of the notice, by first class mail postmarked at least ten days prior to the date of the hearing, to all property owners within 500 feet of the property, exclusive of road
and water bodies. If the real property is located within a
and that
is registered with the , then the , shall deliver a copy of the notice, by first class mail postmarked at least ten days prior to the date of the hearing, to the
.
2.17(D) Criteria. In determining whether the relief request shall be granted or denied, the
shall have the burden to establish:
2.17(D)(1) The
is a potential claimant under federal
; F.S. Chapter 761, (“Religious Freedom Restoration Act of 1998”); F.S. Chapter 760 (“Florida Civil Rights Act of 1992”); or the Florida Constitution; and
2.17(D)(2) The
believes in good faith, as stated in his or her request, that the
through implementation of its Code has intentionally or unintentionally violated a federal
; F.S. Chapter 761 (“Religious Freedom Restoration Act of 1998”); F.S. Chapter 760 (“Florida Civil Rights Act of 1992”); or the Florida Constitution; and
2.17(D)(3) The
satisfies the required legal standard for bringing such a lawsuit as set forth in the applicable
, or legal precedent interpreting the applicable
.
2.17(E) Exhaustion required. Completion of the relief procedures shall be a supplement to and not a substitute for any other pre-litigation dispute resolution processes available by
to the or the . Completion of the relief procedures shall constitute the exhaustion of all administrative remedies available from the .
2.17(F) Effect while pending. While an application for relief or appeal of a determination of same is pending before the , the will not enforce the subject Code, rules, policies, and procedures, except the may seek injunctive relief if an imminent threat to the health, safety and welfare of the public is present.
(Ord. 2010-08, passed 10-4-2010; Am. Ord. 2016-07, passed 4-18-2016; Am. Ord. 2024-02, passed 4-1-2024)
Loading...