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Deerfield Beach City Zoning Code

ARTICLE V

- ADMINISTRATION AND ENFORCEMENT

Sec. 98-111.- Administrative official.

The city commission hereby designates the city manager or his designee as director, and when specified, as the administrative official charged with the responsibility for administering this Code. As provided for, this responsibility may be delegated to other staff personnel of the city; however, final responsibility shall remain with the city manager and the director.

Sec. 98-112. - General sequence of steps.

All persons desiring to undertake any new construction, structural alteration, or changes in the use of a building or lot shall apply to the city in accordance with the South Florida Building Code and the provisions of this Code for a building permit, certificate of occupancy, and statement of zoning compliance by filling out the appropriate application forms and by submitting the required fee. The building official will then either issue or refuse the building permit or refer the application to the director for consideration by the planning and zoning board or board of adjustment for appropriate action. After the building permit has been received by the applicant, he may proceed to undertake the action permitted in the building permit. If the building official finds that the action of the applicant has been taken in accordance with the building permit, he will then obtain a statement of zoning compliance from the director and issue a certificate of occupancy, allowing the premises to be occupied and/or utilized.

Sec. 98-113. - Building permits.

(a)

No building or structure shall be erected and no existing building shall be moved, altered, added to, or enlarged until a permit therefore has been issued in accordance with the South Florida Building Code. Except upon a written order of the board of adjustment or city commission when part of a site plan, no such building permit, certificate of occupancy, or statement of zoning compliance shall be issued for any structure where said construction, addition, alteration or use thereof would be in violation of any of the provisions of this Code.

(b)

Under the provisions of this Code, the following classes of building permits exist and may be issued:

(1)

Permitted use. A building permit for a permitted use not requiring development plan review may be issued by the building official on his own authority as provided for by this Code and the South Florida Building Code.

(2)

Use with development plan review. A building permit for a permitted use requiring development plan review shall be issued by the building official upon the order of the city commission after their approval of the development plan in accordance with this Code. Said development plan, upon approval, shall become a part of the construction plans submitted for issuance of a building permit.

(3)

Conditional uses. A building permit for an approved conditional use shall be issued by the building official only after the conditional use has been approved upon the order of the city commission after their review of the development plan in accordance with the provisions of this Code. The development plan, together with any conditions and safeguards imposed as a prerequisite to approval of the conditional use, shall become a part of the construction plans submitted for issuance of a building permit.

(4)

Building permit after an appeal or a request for a variance. A building permit shall be issued by the building official upon the order of the board of adjustment after the applicable procedures and provisions of this Code have been complied with.

(c)

Information necessary for application. All applications for a building permit shall be accompanied by the required fee and six copies of a layout or development plan, or drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the buildings and structures to be erected, and all other information necessary for the building official to make a determination that the proposed development is in accordance with the provisions of this Code and all other applicable building codes of the city.

(d)

Issuance of permit. It shall be the duty of the building official to issue a building permit, provided he is satisfied that the structure, building, and the proposed use thereof as well as all appropriate development characteristics conform with all requirements of this Code, and that all other reviews and actions, if any, called for in this Code have been complied with and all necessary approvals secured therefore.

Two copies of such layout, or development plan which accompanied the application shall be returned to the applicant after the director has marked such copies approved or disapproved and attested to same by his signature on said copies. Both copies should then be utilized to obtain all necessary state and county approval which shall be so noted on both copies. One of these approved copies shall become part of the construction plans and be kept on the premises of construction and available for review by the city. The other signed and approved copy shall be returned to the city and become a public record.

All building permits shall be issued in duplicate and one copy shall be kept on the premises affected, in a conspicuous location visible from the public right-of-way and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operation is displayed as required by this Code and the provisions of the South Florida Building Code, nor shall they perform construction operations of any kind after notification of the revocation of said building permit.

(e)

Errors and violations. The issuance of a building permit, sign permit, certificate of occupancy, or business tax receipt shall not be deemed or construed to be approval for violating any provisions of this Code. A development order, properly issued which inadvertently presumes to give the authority to violate the provisions of this Code is not valid except insofar as the work or use is in conformance with the provisions of this Code. The issuance of a development order, based on plans and specifications submitted, shall not prevent the director or the building official from subsequently requiring the correction of errors in said plans and specifications nor from preventing building operations from being carried out in conformance with the plans and specifications when a violation of this or other applicable codes would occur.

(f)

Permit fees. Permit fees shall be established by the city commission by separate resolution.

(g)

Revocation of permits. If it shall appear at any time to the building official that the application or accompanying plans and documentation is in any material respect false or misleading, or that work is being done upon the premises differing materially from that called for in the application or the approved site plan filed with him under existing laws or ordinances; he may forthwith revoke the building permit, in accordance with paragraph 304.4 of the South Florida Building Code. Upon such revocation, it shall be the duty of the person holding the same to surrender it and all copies thereof to the building official.

(Ord. No. 2012/031, § 2, 9-4-12)

Sec. 98-114. - Certificate of occupancy.

No land shall be occupied or used and no building hereafter erected, altered or extended shall be used, moved or changed in use until a statement of zoning compliance and/or certificate of occupancy shall have been issued by the building official, stating that the building, structure, or proposed use thereof complies with the provisions of this Code.

(1)

Certificate of occupancy. All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within ten days after completion of the erection or alteration and after it shall have been approved as complying with all provisions of this Code as set forth in a statement of zoning compliance.

(2)

Temporary certificate. The building official may authorize a temporary certificate of occupancy for the time stated therein and thereby grant a variance from the provisions of this section where there are practical difficulties or a peculiar hardship in carrying out the provisions; however, no temporary certificate shall be granted unless all provisions of this Code have been complied with and a statement of zoning compliance has been issued by the Director. Such temporary certificate shall be issued in conformance with the provisions of paragraph 307.4 of the South Florida Building Code. The building official may require certain assurances before issuance which are not in conflict with either this Code or the South Florida Building Code.

(3)

Statement of zoning compliance. Where a building permit is issued for the construction, addition, alteration, or reconstruction of a building or the construction or erection of a fence, wall, parking area, or other structure within the province of this Code, a statement of zoning compliance shall be issued. The statement shall be issued by the director upon determination that all construction has been completed in accordance with the provisions of this Code and any approved development plan upon which the construction is based. The issuance of a statement of zoning compliance by the director shall be a prerequisite to the issuance of a certificate of occupancy, where applicable, by the building official as provided for in this Code.

(4)

Record. The city shall maintain a record of all certificates and statements, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the parcel affected.

(5)

Cash bond to ensure completion of construction at time of issuance of certificate of occupancy. In instances where the building official of the City of Deerfield Beach determines that a certificate of occupancy is warranted but for the completion of certain improvements which are neither structural in nature, nor are related to the public health, safety and welfare, a certificate of occupancy may be issued upon posting a bond pursuant to an agreement (the form of which is approved by the City Attorney) in an amount deemed appropriate by the building official. Such bond may only be taken to ensure completion of construction of the improvements and under the following conditions:

a.

Bonds may not be taken for any construction condition lacking completion or specifically covered under the South Florida Building Code; and

b.

Bonds may not be taken for any condition or problem on a construction site that might be a hazard to the health and safety of the public; and

c.

The agreement attached hereto must be executed by the applicant.

Sec. 98-115. - Planning and zoning board.

The City of Deerfield Beach Planning and Zoning Board is designated as the "local planning agency" for all purposes required under F.S. Ch. 163.

(1)

Planning and zoning board: creation, appointment. A planning and zoning board for the city is hereby created and established, consisting of five regular members and five alternate members which alternate members shall have the same qualifications as regular members. The members of the planning and zoning board serving as of May 3, 2011, shall continue to serve until June 30, 2011. Each commissioner shall appoint one regular member and one alternate member subject to approval by a majority of the commission. Each member and alternate shall be a resident of the city, and may not serve on any other official board of the city at the same time. The members of the board shall elect a chairman and a vice chairman from its membership. The director, his designee, the city attorney, and such other officers and officials of the city as may be required shall be considered as advisors to the planning and zoning board and may be called upon from time to time by the city commission to meet with said board. A representative of the Broward County School Board, as appointed by the Broward County School Board, shall serve as a non-voting member of the planning and zoning board to attend those meetings at which the planning and zoning board considers comprehensive plan amendments and rezoning that would, if approved, increase residential density on the property that is the subject of the application.

(2)

Meetings, quorum. All meetings of the planning and zoning board shall be public and open to all residents and interested parties. The board shall meet at least once during each calendar month. Whenever practicable, and to the extent needed to conduct required business, the regular monthly meeting shall be held on the first Thursday of each month during the evening hours.

Three members of the planning and zoning board shall constitute a quorum. An affirmative vote of three members shall be required to cause a favorable vote on any matter properly before the board for action.

(3)

Rules, regulations and procedures. The planning and zoning board shall adopt rules for the transaction of its business. Such rules shall not be in conflict with appropriate State Statutes or the City Charter or Land Development Code. In the absence of specific rules, Roberts Rules of Order shall prevail.

The planning and zoning board may additionally adopt rules of procedure provided that such rules of procedure are not inconsistent with any rules previously adopted by the city commission provided said rules are consistent with city ordinances and state statutes. The board shall keep minutes of its proceedings, showing the vote of each member upon each question submitted to it. If a member is absent, such fact shall appear upon the minutes. Copies of the board's minutes shall be filed with the city clerk and shall become a public record.

The director of growth management shall provide such staff support as he deems appropriate and will provide information on applications as required by law and as he deems necessary to enable the board to undertake its responsibilities.

(4)

Alternate participation. In the case of the temporary absence or disqualification of any member of the planning and zoning board, the chairman shall call upon an alternate member to serve as an alternate on the planning and zoning board, during the continuance of such absence or disqualification of such member. First preference shall be given to the alternate member appointed by the commissioner who appointed the absent regular member. In no event shall an alternate serve in such capacity for more than six consecutive months. Alternate members shall have the same power as regular members while sitting on the planning and zoning board.

(5)

Length of term. Regular members shall be appointed to serve a term to coincide with the commissioner who appointed the member except that the term shall begin on May 1st of the year the appointing commissioner is elected and end on April 30th of the year that term ends. Vacancies shall be filled to complete the term of office and shall show the same expiration date as the member being succeeded. Alternate members shall be appointed in the same manner as regular members and shall have the same term of membership.

(6)

Transition of terms. In order to transition all terms as set forth in subsection (5) the terms of all members serving on the planning and zoning board as of June 30, 2011, shall terminate on that date.

(7)

Duties of the board. The duties of the planning and zoning board shall be as follows:

a.

To act in an advisory capacity to the city commission on questions relating to zoning, and to conduct and hold public hearings, on all matters or proposals to change zoning regulations, and report its findings and recommendations on such matters and proposals to the city commission.

b.

To study the existing comprehensive land use element, with the view to improving same so as to provide for the development, general improvement, and probable future growth of the city, and from time to time make recommendations to the commission for changes in the existing comprehensive land use element so as to incorporate new developments, or for the adoption of a new comprehensive land use element.

c.

To study all other required and optional elements of the city's comprehensive plan and act in an advisory capacity to the city commission with respect to the comprehensive plan including, from time to time, making recommendations for changes in the plan or for the adoption of a new comprehensive plan or portion thereof.

d.

To investigate and make recommendations upon all site and development plans to be presented to the city commission for approval.

e.

To perform such other duties as may from time to time be assigned to the planning and zoning board by the city commission. All such duties and responsibilities previously assigned are hereby assigned to the planning and zoning board as created herein. Those duties and responsibilities shall be performed in the same manner and with the same procedures except where charged herein or in future acts of the city commission.

(8)

The board shall either offer a recommendation of approval, approval with conditions, or denial of any application referred to the board by the department of planning and growth management within 45 days of the date of referral; provided that this requirement shall be waived if the applicant requests a deferral. Failure to act on the matter within that time shall be deemed to be a recommendation of denial. The date of referral shall be the date of the placement of a legal advertisement for the meeting at which the matter is to be heard in the newspaper.

(Ord. No. 2005/025, § 1, 9-6-05; Ord. No. 2011/018, § 1, 6-7-11)

Sec. 98-116. - Variances, conditional uses and appeals of administrative decisions.

(a)

The board of adjustment as now constituted is hereby abolished as of June 30, 2011.

(b)

Zoning appeals special master. The city commission shall appoint a zoning appeals special master who shall hear all variance applications, conditional use applications, and appeals as set forth herein. The special master shall be appointed for a two-year term and shall be a member of the Florida Bar.

(c)

Powers and duties. The powers and duties of the special master are specifically limited as set forth herein:

(1)

To hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Code. The actions of the building official in issuing a building permit are not subject to appeal to the special master. Any appeal shall set forth with specificity the factual and legal basis of the appeal to support the relief requested.

(2)

To hear and decide on such conditional use as the special master is specifically authorized to pass on under the terms of this Code; and where said conditional use request is not part of a site plan application. Where a conditional use application is part of a site plan application, the city commission shall hear said request concurrent with its review of the site plan and the city commission shall have sole jurisdiction to grant the conditional use. In its consideration of the conditional use request, the city commission shall follow those same notice requirements and substantive guidelines as are required for hearings before the special master. Conditional uses shall only be granted when in harmony with the provisions of this Code. Any application for conditional use shall set forth with specificity the factual and legal basis for the application, with a specific delineation of the manner in which all conditions have been satisfied.

(3)

To hear variance requests, where such request is not part of a development plan application. Where the variance request is part of the development plan the city commission has sole jurisdiction over the variance request. The city commission, in passing upon a variance request, shall be bound by the same procedural notice and substantive requirements adjustment applicable to hearings before the special master. All applications for a variance shall set forth the factual and legal basis for the request together with specific statements as to how all requirements for a variance have been met.

(d)

Appeals. Any person aggrieved or any officer, board or commission of the City of Deerfield Beach affected by any decision of the director, or any other administrative official under any provision of this code may appeal such decision to the special master. Every appeal shall be in writing and in the form and manner provided by this Code.

(1)

Procedure. Any person appealing any decision of an administrative official shall make such appeal in writing within 30 days after rendition of the order, requirement, decision or determination appealed from, to the special master and file the same, with supporting facts and date, with the director. This does not, however, restrict the filing of a request for a conditional use or variance by any person at any time as provided for elsewhere in this Code.

Upon receipt of said appeal, the director shall forthwith examine such appeal and transmit same, together with all documents, plans, papers or other materials constituting the record upon which the action appealed was taken to the special master.

(2)

Hearing of appeal. Before rendering a decision upon an appeal, the special master shall hold a public hearing. The city shall fix a reasonable time for the hearing and give public notice on one day in a newspaper of general circulation. The notice shall be published not more than ten days prior to the hearing and not less than seven days prior thereto. At least 12 days prior to the date fixed for the hearing before the special master (or city commission where it has jurisdiction) the city shall send notice of said hearing to each property owner (as listed on the most recent tax rolls) whose property is within 300 feet of the property which is the subject of the appeal, request or application. At the hearing, any party may appear in person or by agent or attorney.

(3)

Staying of work on-premises. An appeal to the special master stays all work on the premises and all proceedings in furtherance of the action appealed for, unless the building official or any other administrative official shall certify to the special master, by reason of facts stated in the certificate, that a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the special master or a court of record on application, on notice to the official from whom the appeal is taken and due cause shown.

(e)

Conditional uses. The special master shall hear and decide only those conditional uses which are specifically authorized for him/her to pass on under the terms of this Code. As specifically authorized, the special master shall decide such questions as are involved in determining when conditional uses should be granted, determining appropriate conditions and safeguards or denying conditional use when not in harmony with the purpose and intent of this Code.

(1)

Procedure. Upon receipt of an application for a conditional use, the director shall forthwith examine such application and transmit with all supporting documentation to the special master.

(2)

Decision. Prior to rendering a decision on an application for a conditional use, the special master (or city commission where it has jurisdiction) shall:

Hold a quasi-judicial hearing on the application for approval of a conditional use. The hearing before the special master shall be an evidentiary hearing. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. The city shall fix a reasonable time for the hearing and give public notice on one day in a newspaper of general circulation. The notice shall be published not more than ten days prior to the hearing and not less than seven days prior thereto. At least 12 days prior to the date fixed for the hearing before the special master (or city commission where it has jurisdiction) the city shall send notice of said hearing to each property owner (as listed on the most recent tax rolls) whose property is within 300 feet of the property which is the subject of the appeal, request or application. At the hearing any party may appear in person or by agent or attorney.

(3)

Conditions. In granting any conditional use, the special master, (or city commission where it has jurisdiction), in addition to the standards set forth in this Code shall find that such grant will not adversely affect the public interest. In addition, the special master (or city commission where it has jurisdiction) may:

a.

Require appropriate conditions and safeguards in conformity with this Code. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Code.

b.

Prescribe a reasonable time limit within which the action for which the conditional use is required shall be begun or completed or both.

(f)

Variances. Where a variance request is not part of a site plan application the special master shall authorize, upon appeal, such variance from the terms of this Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Code will result in unnecessary and undue hardship. Where a variance request is part of a site plan application the city commission shall decide the variance, which shall be deemed denied unless four members of the commission vote in favor of the request.

(1)

Procedure. Upon receipt of an appeal for a variance from the terms of this Code, the director shall transmit the appeal, together with all supporting documentation to the special master (or the city commission where it has jurisdiction). Concurrently, the director shall transmit a copy of the appeal with all supporting and explanatory information to the city attorney. Notice of hearings on variance requests shall be advertised in a newspaper of general circulation at least seven days and not more than ten days prior to the hearing. At least 12 days prior to the date fixed for the quasi-judicial hearing before the special master (or city commission where it has jurisdiction), the city shall send notice of said hearing to each property owner (as listed on the most recent tax rolls) whose property is within 300 feet of the property which is the subject of the appeal, request, or application. The hearing before the special master shall be an evidentiary hearing. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(2)

Decisions. In addition to other requirements and provisions, the special master, (or the city commission where it has jurisdiction), in order to authorize any variance, must and shall find:

a.

That special conditions and circumstances exist which are peculiar to the land, structure or buildings involved and which are not applicable to other lands, structures or buildings in the same zoning district;

b.

That the special conditions and circumstances do not result from the actions of the applicant;

c.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other lands, buildings or structures in the same zoning district;

d.

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

e.

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

f.

That the grant of the variance will be in harmony with the general intent and purpose of this Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

In granting any variance, the special master (or city commission where applicable) may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code and upon a finding of violation by the code enforcement special master or a county or circuit court judge, the variance shall be deemed null and void. The special master (or city commission where applicable) may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both.

(Ord. No. 1996/034, § 1, 10-1-96; Ord. No. 2000/001, § 31, 4-5-00; Ord. No. 2011/025, § 1, 6-7-11; Ord. No. 2014/002, § 1, 1-28-14)

Sec. 98-117. - Right-of-way variances.

(a)

The purpose of this section is to provide a mechanism for the city to grant variances from the requirements of Chapter 98, Article III, Zoning District Regulations and Article IV, Supplementary Regulations of the City of Deerfield Beach Land Development Regulations for right-of-way eminent domain actions by FDOT or an FDOT restriction of a landowner's property or a city parking restriction.

(b)

This section is to be utilized in those situations in which private property abutting or adjacent to state roadways east of the Intracoastal Waterway has been subjected to the eminent domain process by FDOT either by formal eminent domain proceedings or negotiation (hereinafter referred to as acquisition), or where FDOT has taken other action which has the physical effect of restricting a landowner's former use of FDOT right-of-way for parking purposes (hereinafter referred to as FDOT restriction), as a viable and fair means of mitigating adverse impact to such property as a result of the acquisition process, and to allow the continued use of property in a manner similar to its pre-acquisition condition. By providing a method for FDOT and/or the property owner to obtain a determination of the remaining allowable uses of the property, the cost of acquisitions of real property needed for public facility improvements may be reduced and the impact of FDOT restrictions will be ameliorated as well.

(c)

This section may also be utilized in those situations where the city has taken action which has the physical effect of restricting a landowner's use of private property abutting or adjacent to city streets east of the Intracoastal Waterway for parking purposes.

(d)

Definitions. The following terms shall have the meaning indicated herein, when used in this section;

City means the City of Deerfield Beach, Florida.

Cure means a variance granted pursuant to this section which authorizes the continued use and enjoyment of private property, as a lawful use, subsequent to the creation of a non-conformity by action of FDOT or the city.

FDOT means the Florida Department of Transportation or successor entity.

Nonconformity means the failure of a lot, parcel, structure or use to comply with the requirements of the Land Development Code including, but not limited to, motor vehicle parking, landscaping, setbacks, lot size or other criteria, which failure is caused or increased by acquisition of private property by FDOT, the city or by FDOT or city parking restriction.

(e)

In the event that FDOT acquires private property for a public transportation facility and the acquisition results in the increase of or the creation of a nonconformity, or if an FDOT restriction or a city parking restriction creates a nonconformity (by reducing the available parking or where required relocation of parking impacts compliance with green space or landscape requirements of the land development code), such private property shall constitute an illegal nonconforming use unless a variance is granted in accordance with this section.

(f)

FDOT and/or the property owner are each hereby granted the authority to apply for a variance from Chapter 98, Article III or Article IV of the Land Development Regulations to cure nonconformities. Application may be made prior to or after the creation of the nonconformity.

(g)

The city commission shall have the authority to grant variances to cure nonconformities pursuant to this section.

(h)

Granting or denying a variance.

(1)

Upon application for a variance by either FDOT or the property owner, existing lots, parcels, structures or uses which become or will become nonconforming or increase in nonconformity as a result of acquisition by FDOT or FDOT restriction or a city parking restriction are hereby automatically found to be a hardship provided a determination is made by the city commission, after public hearing that the requested variance will not adversely affect the safety of pedestrians or the safe operation of motor vehicles.

(2)

The commission shall require implementation of whichever plan is approved pursuant to section (h) below.

(i)

The granting of a variance shall serve to cure the nonconformity, subject to implementation of the variance in accordance with the specific approval granted and in accordance with any conditions imposed upon the grant of such variance.

(j)

Procedure for application for a variance.

(1)

FDOT and/or property owner may apply in writing to the city manager or his designee for a variance pursuant to this section. The application may request alternative cures. There shall be no fee for this application.

(2)

If an application for a variance is submitted by FDOT, the property owner shall be notified of the application by the city manager or his designee via certified mail, return receipt requested.

(3)

If the property owner desires to submit an application for a cure in addition to the plan proposed by FDOT or the city, it shall do so within 15 days of such notification, so that the applications of both the property owner and FDOT may be considered at the same time. If such application is not timely submitted by the property owner, the application shall not be heard by the city commission unless the commission finds good cause for the delay by the property owner. In the alternative, the owner may file its own application independent of FDOT if there has been no such notification to the owner.

(4)

If an application for a variance is submitted to the city by the property owner, FDOT shall be notified of the application by the city manager or his designee via certified mail, return receipt requested.

(5)

If FDOT desires to submit an application for a cure in addition to the plan proposed by the property owner, it shall do so within 15 days of such notification, so that the applications of both the property owner and FDOT may be considered at the same time. If such application is not timely submitted by FDOT, the application shall not be heard by the city commission unless the commission finds good cause for the delay by FDOT.

(6)

Hearings before the city commission shall be conducted in accordance with Resolution 2008/051, as amended which provides the procedure for quasi-judicial hearings.

(7)

Within 14 days of the determination of the variance application by the city commission, the city manager or his designee will notify FDOT and the property owner via certified mail, return receipt requested, of the final determination.

(k)

The provisions of this section shall not be interpreted to allow for the continued existence of building or safety code violations that are determined to be an immediate threat to the public health, safety or welfare.

(l)

The appropriate building officials and inspectors of the city are hereby authorized to take any and all necessary steps to enforce all applicable building and safety codes even though the subject property is part of a pending governmental acquisition.

(m)

Decisions of the city commission under this section shall be subject to judicial review.

(Ord. No. 2011/023, § 1, 6-7-11; Ord. No. 2014/005, § 1, 2-11-14; Ord. No. 2015/004, § 1, 3-3-15)