The provisions of this part shall apply to any use, structure, project, lot, or sign lawfully established prior to the enactment of this code, but which do not conform to the requirements of this code.

It is the intent of this section to provide for the continuance of lawful nonconformities, without unduly restricting their maintenance or improvement, and to restrict further investment which would make the nonconformity more permanent. It is the intent of this section to permit lawful nonconforming uses and structures created by the adoption of this code to continue, until removed by economic or other forces. It is not the intent of this section to encourage the survival of these nonconformities due to their incompatibility with the provisions of the comprehensive plan and this code.

One category of nonconformities includes those lots, uses, and structures which were illegal at the time of establishment. Such uses, lots, and structures have not been approved by any official action by administrative or legislative officials. It is the intent of this section to discourage and eliminate nonconformities which have been unlawful since their inception.

A.

To avoid undue hardship, nothing in this Section shall be deemed to require change in the plans, construction or designated use of any building for which a lawful building permit has been secured prior to the date of enactment of this code.

B.

Normal maintenance and incidental repair of a lawful nonconformity shall be permitted, provided that such maintenance and repair does not violate any other section of this code, and is in full compliance with all building and technical codes.

1.

Nothing in this section shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting public safety. That official may declare such structure to be unsafe and order its restoration to a safe condition provided that such restoration is the minimum necessary to bring the property to a safe condition.

2.

Nothing in this section shall be deemed to prevent an extension for the exclusive purpose of providing required off-street parking or loading spaces. Such extension shall not involve structural alteration or enlargement of such structure.

C.

No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure and use shall thereafter conform to the requirements of this code.

D.

No use or structure which is accessory to a principal lawful nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated.

E.

The burden of establishing that any nonconformity is lawful as defined in this code shall, in all cases, be upon the owner of such nonconformity.

Development which does not conform to the provisions of this code is called nonconforming development. Certain provisions of this code establish the means by which lawful nonconforming development may be allowed to continue, and the means by which new development may lawfully deviate from the terms and conditions of this code. The types of nonconforming development include nonconforming uses and structures; development which is approved at the time of enactment of this code as a planned development, site plan, or subdivision plat, but which is not completely constructed; or development which is proposed on or after the date of enactment of this code for which a variance is approved. Uses and structures which are not granted status as a lawful nonconformity shall be prohibited and are subject to removal according to the provision of this code.

Where a lot which was a lot of record on the effective dateof this code, or at the time of change of zoning on the lot, has an area less than the required minimum area, or has a width or length less than the required minimum for the district in which it is located, such lot may be used for any use permitted in the district in which it is located, subject to other applicable regulations, with modifications in required setbacks as approved by the city commission. In no case shall the distance between structures on the lot in question and structures on adjacent properties be less than that required by the fire code for the type of construction represented. In any district in which a single family home is permitted, a single family unit may be erected, expanded, altered, or replaced on any individual single parcel or lot the legal or equitable of which has been legally conveyed prior to the effective date of this code, notwithstanding limitations imposed by other provisions of this code.

When two or more adjoining and vacant lots with continuous frontage are in a single ownership at the time of application and such lots have frontage or lot area less than is required by the use district in which they are located, such lots shall be reparceled so as to create one or more lots which conform to the minimum frontage and area requirements of the use district.

It is the intent of this section to recognize that the elimination of existing buildings and structures or uses that are not in conformance with the provisions of this code in as much a subject of health, safety, and general welfare as is the prevention of establishment of new uses that would violate the provisions of this code. It is also the intent of this code to administer the elimination of nonconforming uses, buildings, and structures so as to avoid any unreasonable invasion of established private property rights. Therefore, any structure or use of existing land at the time of the enactment of this code, and amendments thereof, but not in conformity with its use regulations and provisions, may be continued subject to the following provisions:

A.

Unsafe structures. Any structure or portion thereof declared unsafe by any authorized municipal authority may be restored to a safe condition, provided the requirements of this section are met.

B.

Change in use. A nonconforming use, or structure which is changed to a conforming use shall not be permitted to revert to the original or less restrictive use. No nonconforming use, structure, or building shall be changed to another type of nonconforming use.

C.

Abandonment. The nonconforming use of a building or land, except a residential building being used as a residence, which has been abandoned, shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when one of the following has occurred:

1.

When a nonconforming use has been discontinued for a period of six months, notwithstanding the intent of the owner the six month period will be calculated from date of water disconnect to electric service disconnect, whichever is earlier, to date of required for a business license, building permit, or commercial check, whichever is earlier.

2.

When it has been replaced by a conforming use.

3.

Any nonconforming use of a sign or billboard which is discontinued or not used for six months shall not be resumed; and if any nonconforming sign or billboard is removed, it shall not be reconstructed.

D.

Extension or expansion. A nonconforming use may be extended upon approval as a special exception by the city commission subject to the following:

1.

The extension becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel;

2.

The extension does not encroach upon the lot requirements and the maximum building height requirements of the districts in which the nonconforming use is presently located;

3.

The extension is for the purpose of expanding the nonconforming use in existence at the time of adoption of this code;

4.

Such extension does not result in an increase in total floor area, or lot use of more than 50 percent of the original floor area or lot area;

5.

Adequate parking can be provided in conformance with this code to serve both the original and expanded use;

6.

Such expansion does not present a threat to the health or safety of the community or its residents.

E.

Restoration. A building which is damaged by fire, explosion, or other casualty loss to the extent of 51 percent of its value (exclusive of walls below grade) as of the date of damage and as determined by fair market value of the building, and which does not comply with use or area requirements of this code, shall not be restored except in conformity with the regulations for the use in which such building is located.

1.

A lawful nonconforming building destroyed to the extend of less than 51 percent by fire, explosion, or other casualty loss or legally condemned, may be reconstructed and used for the same nonconforming use, provide:

a.

The reconstructed building shall not exceed in height, area or volume as the building destroyed or building condemned;

b.

Building reconstruction shall be commenced within one year from date the building was destroyed or condemned and shall be carried on without interruption.

F.

Permitted continuation. A nonconforming use may continue, be bought and sold, altered, or restored, even though such use does not conform to the regulations established for the zoning district in which it is located.

G.

No new use on same lot with a nonconforming use. No new use, either nonresidential or residential, will be permitted on the same lot with a nonconforming use.

H.

Unlawful use not authorized. Nothing in this code shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or a premises in violation of City or State codes or ordinances at the time of the enactment of this Code.

I.

Construction approved prior to legal enactment of this code. Nothing herein contained shall require and change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of which shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of the permit except where the Building Inspector in his discretion grants an extension due to hardship. Necessary changes during. the construction period of the permit will be permitted; such changes need not conform to the newly adopted Land Development Code or amendments thereto, but must meet the regulations that were in force at the time of issuance of the building permit.

K.

Repairs and alterations. Normal maintenance of a site, building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use. No other structural alteration shall be made in a building or other structure except in the following situations:

1.

A nonconforming building may be altered if such. alteration is intended and will result in the building or structure's conversion to a conforming use.

2.

Such alterations do not result in the expansion of the exterior dimension on the nonconforming building except in accordance with subsection D., above.

3.

Such work does not exceed 50 percent of the fair market value of the building or structure as determined by the building official or his designee.

A.

If a nonconforming nonresidential use of a structure or land ceases (the building becomes vacant or the business closes), or if that use has been discontinued for period of 180 days or for any intermittent period amounting to 180 days in anyone year, use of the structure, or structure and land, shall thereafter conform to the standards of this code.

B.

If a nonconforming residential use of a structure or land ceases (the building becomes vacant or the business closes), or if that use has been discontinued for period of 360 days, use of the structure, or structure and land, shall thereafter conform to the standards of this code.

C.

The following requirement shall be met for substantially damaged buildings:

1.

If a structure is damaged by fire, natural elements or force to an amount equal to or greater than 50 percent of its actual value as of the day immediately preceding such damage, the structure shall not be repaired or rebuilt, except in conformity with the requirements of this code.

2.

Should the damage be less than 50 percent of its actual value, then repairs may be made provided that they shall be made within 180 days after such damage, and in accordance with other provisions of this and all other applicable codes. In the event that the repairs have not been completed within 180 days, the structure shall not be further repaired or rebuilt except in conformity with the requirements of this code.

Nothing shall be allowable on premises in any zone established which would in any way be offensive or obnoxious by reason of the emission of odors, liquids, gases, dust, smoke, vibration, or noise. Nor shall anything be placed, constructed/or maintained that would in any way constitute an eyesore or nuisance to adjacent property owners, residents, or the community at large.

Any person desiring to undertake a development activity not in conformance with the standards and requirements of this code may apply for a variance in conjunction with the application for development approval. Land uses which do not comply with this code and the comprehensive plan shall not be eligible for a variance.

The city administrator/planning and zoning shall first determine whether the need for the proposed variance arises out of the physical surroundings, shape, topographical condition, or other physical or environmental conditions that are unique to the specific property involved. If so, the city administrator shall make the following required findings based on the granting of the variance for that site alone. If, however, the condition is common to numerous sites so that requests for similar variances are likely to be received, the planning and zoning board shall make the required findings based on the cumulative effect of granting the variance to all who may apply.

The zoning board shall not vary the requirements of any provision of this code unless it makes a positive finding, based on substantial competent evidence, on each of the following:

A.

There are substantial practical difficulties and hardships in carrying out the strict letter of regulation;

B.

The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this ordinance and would work unnecessary and undue hardship on the applicant;

C.

The condition giving rise to the requested variance has not been created by any person presently having an interest in the property;

D.

The variance request is not based exclusively upon a desire to reduce the cost of developing the site;

E.

The proposed variance will not substantially increase congestion on surrounding public streets, the danger of fire, or other hazard to the public;

F.

The proposed variance will not substantially diminish property values in, nor alter the essential character of, the area surrounding the site;

G.

The proposed variance is the minimum modification of the regulation at issue that will afford relief;

H.

The effect of the proposed variance is in harmony with the general intent of this Code and the specific intent of the subject area of the provision;

I.

Under no circumstances shall a variance be granted to permit a use not permitted in the zoning district or any use expressly prohibited by the terms of this ordinance;

J.

No nonconforming use of neighboring lands, structures or buildings in the same zoning district shall be considered grounds for the granting of a variance.

K.

The applicant has demonstrated that the following notice requirements have been met. Notice of the application for variance including the time, date, and location of the public hearings before the planning and zoning board and city commission shall be mailed to all property owners within 200 feet of any boundary of the property involving the variance being sought. Such notice shall be provided by certified mail return receipt requested to the adjacent property owners last known address indicated on the tax rolls or otherwise known at least 15 days before the scheduled hearing before the planning and zoning board. In addition, the notice shall be posted on the property in a prominent location and published once in a paper of local circulation, with the first publication to be at least 15 days prior to the date of the hearings. The applicant must provide proof that these notice requirements have been met before the application can be considered by the city. Sole responsibility for compliance with these notice requirements is on the applicant.

(Ord. No. 452, § 1, 7-5-2012)

In granting a development approval involving a variance, the planning and zoning board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to allow a positive finding to be made on any of the foregoing factors or to minimize the injurious effect of the variance.

In addition to the findings required in section 12.02.04 above, the planning and zoning board shall find that the requested variance will not result in additional threats to public safety, additional public expense, the creation of nuisances, fraud or victimization of the public, or conflicts with other local ordinances. before recommending a variance, the planning and zoning board shall consider:

A.

The danger that materials may be swept from the site onto other lands to the injury of others;

B.

The danger to life and property due to flooding or erosion damage;

C.

The susceptibility of the proposed facility and its contents to cause flood damage and the effect of such damage on the individual owner;

D.

The importance of the services provided by the proposed facility to the community;

E.

The necessity to the facility of a waterfront location, where applicable;

F.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

G.

The compatibility of the proposed use with existing and anticipated development;

H.

The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

I.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

J.

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

K.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, electrical, and water systems, and streets and bridges.

Upon consideration of the factors listed above, the planning and zoning board may attach such conditions to the recommendation of variances as it deems necessary to further the purposes of this code.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Variances shall only be issued upon (1) a showing of good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship; and, (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extra-ordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built, and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

The administrator shall maintain a record of all variances including the justification for their issuance and a copy of the notice of the variance.

"Code enforcement officer" shall mean any authorized agent or employee of the city whose duty is to enforce and assure compliance with the codes and ordinances of the city.

The special master is authorized to make determinations pertaining to code enforcement within the City of Carrabelle as prescribed in section 10.02.03.

A.

It shall be the duty of the code enforcement officers to issue citations and initiate enforcement proceedings related to alleged violations of the various city codes and ordinances.

B.

Except as provided in C. and D. below, if a violation of the codes or ordinances is found, the code enforcement officers shall first notify the violator, and give such person a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code enforcement officers may issue a citation and may notify the special master and request a hearing pursuant to the procedure set forth in "conduct of hearing" (section 12.03.04). Written notice of said hearing shall be mailed by certified mail to the alleged violator.

C.

If a code enforcement officer has reason to believe a violation exists that presents a serious threat to the public heath, safety, or welfare of the community or if a repeat violation has occurred, the code enforcement officers may issue a citation immediately and may proceed directly to the hearing procedure set forth in section 12.03.04 without first notifying the violator and giving such person time to correct the violation.

D.

It shall be the duty of the code enforcement officers to issue citations and initiate enforcement proceedings related to alleged violations of the various city codes and ordinances.

E.

Except as provided in C. and D. above, if a violation of the codes or ordinances is found, the code enforcement officers shall first notify the violator, and give such person a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code enforcement officers may issue a citation and may notify the special master and request a hearing pursuant to the procedure set forth in "conduct of hearing" (section 12.03.04). Written notice of said hearing shall be mailed by certified mail to the alleged violator.

A.

Upon scheduling of a hearing, the special master shall cause notice thereof to be furnished to the alleged violator. Such notice shall contain the time and place of the hearing and shall state the nature of the violation and reference to the appropriate code or ordinance.

B.

At the hearing, the burden of proof shall be upon the code enforcement officer(s) to show by a preponderance of the evidence that a violation does exist.

C.

Assuming proper notice of the hearing has been provided to the alleged violator as provided in A. above, a hearing may proceed in the absence of alleged violator.

D.

All testimony shall be taken under oath and shall be recorded. The special master shall take testimony from the code enforcement officer and alleged violator and from such other witnesses as may be called by the respective sides.

E.

Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern such proceedings.

F.

Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible.

G.

Any attorney representing the City of Carrabelle may inquire of any witness before the special master. The alleged violator, or his attorney, and the attorney representing the city shall be permitted to inquire of any witness before the special master and shall be permitted to present brief opening and closing statements.

H.

At the conclusion of the hearing, the special master shall issue findings of fact based upon evidence in the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted by chapter 162, Florida Statutes, and by this code. The order shall be stated orally at the meeting reduced to writing and mailed to the alleged violator within ten days following the hearing.

A.

An aggrieved party may appeal the final order of the special master to the city commission. any such appeal shall be filed within 30 days of the execution of the order to be appealed.

B.

The city commission may limit the review to the record created before the special master or, if it deems desirable, receive additional evidence and testimony. the commission may, based upon their review of the facts and law, uphold or reverse the findings of fact and conclusions of law of the special master.

C.

An aggrieved party may appeal the final administrative order to the Franklin County Circuit Court.

D.

Such an appeal shall be limited to appellate review of the record created before the special master and the city commission.

The special master shall, by rule establish reasonable charges to be paid by the appealing party for preparation of the record to be appealed.

A.

The special master, upon notification by the code enforcement officer that a previous order of the special master has not been complied with by the time set, or upon finding that a repeat violation, the violator to pay a fine in an amount not to exceed $250.00 for each day the violation continues past the date set by the Special Masters order for compliance for a first violation.

In the case of a repeat violation as defined in F.S. § 162.01(5) a fine in an amount not to exceed $500.00 for each day the violation continues past the date of notice to the violator of the repeat violation.

B.

A certified copy of an order imposing a fine may be recorded at the Franklin County Courthouse and there, after will constitute a lien against the land on which the violation exist or, if the violator does not own the land, upon any other real property owned by the violator in the City of Carrabelle, Florida; and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against personal property, but shall not be deemed to be a judgment of a court except for enforcement purposes. If, after six months from the filing of any such lien, the, lien remains unpaid, the special master may authorize the city attorney to foreclose on the lien. Nothing In this section shall abridge the constitutional or statutory protection extended to homestead property.

C.

No lien provided by this ordinance shall continue for a period longer than five years after the certified copy of an order imposing a fine has been recorded unless, within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien affected by commencement of the action shall not be effective against creditors or subsequent purchase for valuable consideration without notice, unless a notice of lis pendens is recorded.

As used in this article the following terms shall have the meanings described to in this section.

Nuisance: The term nuisance shall mean any of the following:

1.

Any accumulation of rubbish, trash, junk, and other abandoned material.

2.

Any excessive accumulation of untended growth of weeds, undergrowth or other dead or living plant life upon a developed lot.

3.

Any grass, underbrush or weeds which exceed 18 inches in height.

4.

Any unsafe dwelling or structure.

5.

The carcasses of animals or fowl not disposed of within a reasonable time after death.

6.

Any building, structure or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed or maintained.

7.

For the purposes of this article, the term nuisance shall include, but is not limited to, any of the following:

a.

Abandoned, discarded, unused objects or equipment such as automobiles, boats, furniture, stoves, refrigerators, freezers, cans, or containers.

The city code enforcement officer shall identify and respond to any complaints of nuisance.

A.

It shall be unlawful for any landowner to suffer, maintain or permit to remain any accumulation of rubbish or trash, abandoned equipment or other nuisances as defined in section 12.03.07.

B.

Any person violating the provisions of this section is guilty of a misdemeanor of the second degree punishable by a term of imprisonment not to exceed 60 days, or a fine not exceeding $500.00 dollars, or both.

It shall be the duty of the owner of any previously developed lot to remove or cause to be removed from such lot all excessive growth of weeds, underbrush or dangerous trees, and to remove or cause to be removed all debris, rubbish, trash, abandoned vehicles, boats, refrigerators, and other articles as defined in section 12.03.07.

Should the owner of any previously developed lot fail, refuse, or neglect to remove or cause to be removed there from any accumulation of debris, rubbish, trash, abandoned vehicles, boats, refrigerator and other household items, or dangerous trees such owner, if the real estate is unoccupied, or such owner and occupant of occupied real estate, shall be served in writing directing such owner to abate the nuisance. Such notice shall state that, in default of the performance of the above condition, the city may as set forth in section 12.03.13, cause the same to be done, and charge the cost and expense incurred in doing or having such work done, to the owner of such property, and that suit may be filed seeking all such cost and expenses, as well as injunctive relief, and all attorneys fees and costs incurred in such litigation.

Service upon the owner of the notice of violation shall either be by personal service or by mailing the notice to the addressee's last known address as the same appears on the records of the city. In the event the lot is unoccupied and the address of the owner is unknown, service of the notice shall be made upon the owner by posting the same on such lot with a like notice to be published in a newspaper of general circulation.

A.

In the event that the owner or other parties in interest shall fail to comply with an order made pursuant to the provisions of this code, the city, acting through the commission, is authorized to vacate, demolish or otherwise abate the nuisance in accordance with such order.

B.

Summary abatement. In addition to the remedies prescribed by this code, and cumulative thereof, it shall be brought to the attention of the city commission, and it shall be determined that any such nuisance, or nuisances, are likely to have an immediate adverse effect upon the public health, comfort or safety, then and in that event the city commission may by appropriate Resolution or motion, order such nuisance or nuisances summarily abated by the city in a reasonably prudent manner.

The city is damaged by the creation of a nuisance within the city. It is intended that persons responsible should bear the cost of nuisance removal. In order to recover costs of removal of the city may bring a civil action against any person believed to be responsible for creation of a nuisance. If such action is brought, all costs and expenses of nuisance removal shall be recoverable, as well as injunctive relief to prevent such actions in the future, and further, the city shall be entitled to recover all reasonable and actual attorney's fees and costs incurred in said litigation, including appellate attorneys fees and costs.

Simultaneously with the submittal of record plat, the developer shall submit either a certification of construction completion or documents sufficient to guarantee that all required or approved improvements can be completed. A sample certification of construction completion is included in one of the following pages. A guarantee of future completion may be in any of the following forms.

Performance bond.

Escrow agreements, or any substantially similar document or assurance technique acceptable to the city.

The guarantee agreed to by city commission and the developer shall recite in substance:

A.

That improvements required or approved by the city shall be completed in accordance with approved specifications, plans and with the standards set out in these regulations for such improvements;

B.

That in the event that such improvements are not completed, the city shall be entitled to draw or make claim against said document, and the principals, surety or guarantor, thereto, for monetary amounts sufficient to complete the improvements which remain uncompleted or which have not been installed as required;

C.

That the document inures to the benefit of the City of Carrabelle;

D.

That in the event the city is forced into litigation in order to collect under said document, the developer as principal shall be liable for attorney fees and court costs incurred by the city; and

E.

That the developer is responsible for requesting a final inspection of the improvements at least sixty days prior to the termination of the completion guarantee.

The document shall be on a form approved by the city attorney, which form shall comply, in substance, with the requirement recited above.

In the instance of a record plat involving vacant or unimproved property on the date of approval, the amount which shall be made available to the city under the terms of such a document shall be an amount equal to 125 percent of the estimated cost of providing and installing required or approved improvements, which estimate shall be certified and submitted to the city by an engineer duly registered in the State of Florida.

In an instance of a record plat involving property upon which more than 50 percent of a required or approved improvements have been completed, the amount which shall be made available to the city under the terms of such a document shall be an amount equal to 125 percent of the estimated cost of providing and installing remaining uncompleted improvements, which estimate shall be certified and submitted to the city by an engineer duly registered in the State of Florida.

The required document shall remain in full force and effect until: (1) the improvements have been completed in accordance with standards set forth in this Code and with approved plans and specifications; (2) a certificate of completion has been issued by the city; and (3) the bond has been released by city commission.

A developer, at his option, may apply for a partial release of a portion of the monetary amount provided for in such a document upon a demonstration that a corresponding specifically described portion or phase of required or approved improvements has been totally completed in the manner specified above. The city commission, at its discretion, may elect to release the portion requested upon the issuance of a certificate of completion by appropriate city departments as to the completed portion or phase.

Upon completion of the required or approved improvements, the developer shall:

A.

Provide to the city a certification of construction completion from an engineer, duly registered in the State of Florida, the improvements have been constructed and completed in substantial conformity to the approved plans and specifications, and to the requirements and standards imposed by these regulations; and

B.

Shall apply for the release or reduction of dollar amount of the assurance document.

Upon receipt of a certification of construction completion and application for release, the city manager shall provide a recommendation to the city commission as to whether a release should be given. The city commission may then release the assurance document, with or without conditions, based upon circumstances.

In all cases involving laboratory tests, reports shall be submitted to the building official. Such tests shall be made by an approved testing laboratory and certified by an engineer registered in the State of Florida, at the expense of the developer.

The developer, or his successors in interest, shall have the duty and responsibility for routine and periodic maintenance of all dedicated, required, approved or other improvements unless such maintenance is voluntarily, officially and specifically assumed by the city in an official meeting of the city commission.

It shall be the policy of the city to assume maintenance of improvements that have been built to city specifications, have been dedicated to the city and when it is deemed to be in the best interest of the City of Carrabelle, at its sole discretion, to assume such improvements. Subdivision regulations shall require the formation of a homeowners association/developer to take responsibility for retention areas. The city shall assume maintenance of improvements only where the same have been built to city specifications and have been dedicated to and accepted by the city.

Improvements which are not constructed to city and state specifications must be brought up to such specifications prior to becoming eligible for acceptance by the city for maintenance.

For purposes of this section, privately owned roads or streets, land roads or streets for which an offer of dedication has not been officially accepted by city commission, shall not be deemed part of the city street system, and shall not be maintained by the city unless such maintenance is voluntarily assumed by the city. The duty and responsibility to maintain such streets and roads shall be that of the developer, his successors in interest, the landowner, the abutting property owners or condominium association.

Approval of a plat or construction plan by city commission shall not be deemed to constitute acceptance for maintenance of streets, roads or other areas or improvements shown on the plat unless such maintenance is voluntarily, specifically and officially assumed by the city.

It shall be the policy of city commission not to accept dedicated improvements for city maintenance until a one-year trial period has elapsed, commencing on the date of receipt of a certificate of construction completion.

The developer originally responsible for installing such improvements shall concurrently with submission of a certificate of completion provide one of the following documents for the purpose of guaranteeing the workmanship and materials of improvements for the one-year trial period: Maintenance bond, escrow agreement, cash bond, any substantially similar document or assurance technique.

The document chosen shall recite, in substance:

A.

That the dedicated, repaired or approved improvements shall be maintained or repaired for the one-year trial period;

B.

that in the event such improvements are not maintained at any time during said one-year period, the city, after at least ten days written notice, shall be entitled to draw or make claim against said document, and the principals thereto, for monetary amounts sufficient to repair or maintain the improvements in a manner sufficient to protect or restore the same;

C.

That the document inures to the benefit of the City of Carrabelle;

D.

That in the event that the city is forced into litigation in order to collect under said document, the principals shall be liable for attorney fees and court costs incurred by the city; and

E.

That the developer is responsible for requesting a final inspection at least 60 days prior to the termination of the maintenance guarantee.

The document shall be on a form approved by the city attorney, which form shall comply, in substance, with the requirements cited above.

The amount which shall be made available to the city under terms of said document shall be an amount equal to 125 percent of the cost of installing such improvements.

The maintenance assurance document shall remain in full force and effect until released by city commission, which release shall be given if the improvements are found to be in good repair at the conclusion of the one-year maintenance period.

It is hereby declared to be the express duty of the developer to construct improvements in conformity with the specification and standards required by these regulations. Any improvement which is the subject of an assurance document and which is determined to be defective, improperly constructed, or substandard as not being in compliance with the design standards of these regulations, shall be repaired, replaced, or rebuilt by the developer, at the option of the city as an alternative to the city making a claim against any performance or maintenance assurance document and as an additional remedy to other remedies provided for herein.

No development of a subdivision shall be commenced by any person unless a development permit authorizing such development has been obtained from the city and the procedures established by this code have been complied with.

It shall be unlawful for anyone who is the owner of any land, or agent of the owner, to transfer, sell, agree to sell or negotiate to sell such land by reference to, exhibition of or other use of a plat of a subdivision of such land without having submitted a plan and plat of such subdivision for plat approval in accordance with these regulations and without having recorded the approved subdivision plat.

No building shall be erected on a lot or parcel of land subject to this code, nor shall any building permit be issued thereof unless such lot or parcel abuts a street dedicated to the public, or is shown on a legally recorded subdivision plat, or a variance has been granted.

Any person who violates any provisions of these regulations shall be prosecuted and punished in the manner provided by law. Each day that the violation continues shall constitute a separate violation. All costs for enforcement, prosecution, and judicial review shall be assessed against the violator on finding by the court or code enforcement board that the violations have occurred.

The city commission may grant a variance from the terms of this code when such variance will not be contrary to the public interest; where, owing to special conditions, a literal enforcement of provisions would result in unnecessary hardship; or where improved or alternative technology would meet or exceed the development and construction standards set herein. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, such variance shall not be granted unless and until:

A.

A written application for a variance is submitted demonstrating compliance with criteria 1. - 4. or with criteria 5. following:

1.

That special conditions and circumstances exist which are peculiar to the land, or required subdivision improvements which are not applicable to other lands or required subdivision improvements;

2.

That a literal interpretation of the provisions would deprive the applicant of rights commonly enjoyed by other properties with similar conditions;

3.

That actions of the applicant did not cause the special conditions and circumstances which necessitate the variance;

4.

That the granting of the variance requested will not confer on the applicant any special privilege that is denied to other lands or required subdivision improvements under similar conditions; or

5.

Through improved or alternative technology development and construction standards are met or exceeded.

B.

Commission finds that the requirements of this section have been met based upon the review and findings of the site plan review committee and information presented at the hearing;

C.

Commission further funds that the reasons set forth in the application justify the granting of the variance that would make possible the reasonable use of the land;

D.

Commission finds that the granting of the variance would be in harmony with the general standards, purpose and intent of this code and will not be injurious to the surrounding territory, or otherwise be detrimental to the public welfare.

The city commission shall consider the request for variance at a meeting after giving appropriate notice to the applicant and property owners within 150 feet of the proposed subdivision. The meeting may be held prior to or at the presentation for approval of the preliminary plan or at any other time where the hardship arises after preliminary plan approval.

In granting a variance, the city commission may prescribe appropriate conditions and safeguards. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted shall be deemed a violation.

Decisions made by the administrator which adversely affect the interests of a person may be appealed to the city commission by a person aggrieved by such a decision.

Any person seeking appeal under this section must file a notice of appeal with the city clerk within 20 days of the date of the rendition of the order or decision, to which that person claims to be adversely affected.

Upon written notice of an appeal stating the reasons therefore, the appeal shall be scheduled before the city commission at a public hearing.

At the conclusion of the hearing, the city commission may uphold, reverse, or modify the appealed decision. The city commission may also impose any conditions on applicant which are necessary to implement the provisions and intent of these regulations.

The board, or any aggrieved person, may resort to such remedies in law and equity as may be necessary to ensure compliance with the provisions hereof, including injunctive relief to enjoin and restrain any person violating said provisions. The city attorney is hereby authorized to take whatever legal action is necessary to prevent, abate or correct violations of this code.

The administrator may inspect all construction and all materials, and may inspect preparation, fabrication, or manufacture of supplies.

The administrator is not authorized to revoke, alter, or waive any requirements of the specifications imposed by this article, but he is authorized to call to the attention of the subdivider any failure to work or materials to conform to the plans or specifications.

The administrator shall have the authority to reject materials or suspend the work until any questions of issue can be referred to and decided by the city.

The administrator shall in no case act as foreman or perform other duties of the subdivider, not interfere with the management of the work; and any advice which the city inspector may give to the subdivider shall in no way be construed as binding to the city or releasing the subdivider from carrying out the intent of the plans and specifications.

The administrator is authorized to issue permits, including building permits and certificates of occupancy, shall withhold such permits from any person found to be in violation of this code. However, any person aggrieved by a decision to withhold a permit may appeal such decision to the city commission and may, upon demonstration of compliance, have the decision reversed or modified.

After required improvements have been installed, a Florida registered engineer shall submit certification that the improvements have been constructed according to approved plans and specifications. The building official shall periodically inspect all construction subject to this chapter. He shall immediately call to the attention of the developer and his engineer any failure of work or material or suspend the work when not in conformity with approved plans and specifications. Laboratory test reports shall be furnished to the building official on the subgrade stabilizations, base and wearing surface and other materials as deemed necessary by the building official. All tests shall be made by a reputable testing laboratory and certified to by a Florida registered engineer responsible for the specific test and subsequent reports.

Any person violating the provisions of these regulations shall be deemed guilty of a city code/ordinance violation and upon conviction, shall be punished by imposition of a fine of up to $500.00 for each violation. Each day that a violation continues shall be a separate offense of violation. Fines shall be determined in accordance with the provisions of the Uniform Citation and Fine System.

No building permit or certificate of occupancy shall be issued to any person who fails to comply with the review and approval requirements of this code.

Any person violating the provisions of these regulations and causing damage, destruction or unsafe, dangerous, or unhealthful conditions, shall be responsible for:

A.

Correcting such conditions;

B.

Repairing damage to or replacing destroyed public property;

C.

Reimbursing the city for the cost of correcting such conditions; repairing or replacing publicly owned or maintained property where such correction, repair or replacement by the city is required;

D.

Indemnifying the city for any liability for damages caused by such violation or violations.

Any person failing to implement or carry out development in accordance with these regulations or approved plans, development permits, applications, conditions or standards, shall be responsible for correcting, repairing or replacing materials, property or conditions in order to bring the development into conformity with such regulations, plans, development permits, applications, conditions or standards.