The following boards and agencies are created to administer the provisions of this Code under the authority prescribed by this Code and Florida law.

(Ord. No. 91-7, § 2)

There is hereby created a building and zoning department under the direction and control of the city. The department shall perform all administrative functions of the city government relating to the administration of this Code.

(Ord. No. 91-7, § 2)

A.

Establishment of position. There is hereby established the position of building official.

B.

Duties. The building official shall perform duties and responsibilities prescribed by this Code.

1.

Receive all applications for development approval.

2.

Determine the completeness of development applications.

3.

Conduct all pre-application conferences.

4.

Schedule all applications before the comprehensive planning and zoning board.

5.

Ensure that proper notice is given prior to all hearings on development applications.

6.

Ensure that all time limits prescribed by this Code are met.

7.

Monitor the progress of all development applications through the review process and be available to respond to the queries of interested persons.

8.

Coordinate with other city departments and applicable local, state, and federal agencies on proposed developments.

(Ord. No. 91-7, § 2)

The comprehensive planning and zoning board is hereby created. The board shall serve in an advisory capacity to the St. Augustine Beach City Commission on matters relating to use designations of land, amendments to this Code, conditional use permits, review developments for approval, grant or deny applications for variances and appeals of determination of the building official, and serve as the local planning agency on matters pertaining to the St. Augustine Beach Comprehensive Plan and in conformance with the Florida Administrative Code. The board will also recommend procedures and methods to the city commission for providing effective public participation in the planning process.

(Ord. No. 91-7, § 2)

A.

The comprehensive planning and zoning board consists of seven (7) members and two (2) alternatives appointed by the city commission.

B.

Any person of voting age, residing in the City of St. Augustine Beach, shall be eligible for membership.

C.

Members of the board shall serve overlapping terms of three (3) years without compensation. No member shall serve more than three (3) consecutive terms, but thereafter shall be eligible for additional terms after a one (1) year interval. The terms of no more than three (3) members shall expire in any one (1) year. Terms shall expire at 12:01 p.m. on the day of the regularly scheduled meeting in November. New members appointed by the city commission, at their November meeting shall take their seats on the board at the regularly scheduled board meeting in November.

D.

The city commission shall review the applications of volunteers for appointment to the comprehensive planning and zoning board.

E.

Any member may be removed from office for cause by the city commission. Vacancies occurring due to death, resignation, or other inability to serve resulting from change of residence or otherwise shall be filled within thirty (30) days after the vacancy occurs by the city commission for the remainder of the term.

F.

All applicants to fill a vacancy shall be informed that a financial disclosure statement must be filed with the county supervisor of elections. If an applicant should have an objection to this procedure, he should reconsider the appointment.

G.

Each individual member must file financial disclosure statements in accordance with Florida Statutes.

H.

Officers.

1.

The officers of the comprehensive planning and zoning board shall consist of a chairman and a vice-chairman elected by the board from its members.

2.

The officers shall serve for terms of one (1) year. There shall be no limitation on the number of consecutive terms in the same office.

3.

The election of officers will take place every year as the first order of business at the regularly scheduled meeting for the month of January. In the absence of the chairman or vice-chairman, the senior member of the board shall preside at the election.

4.

The elected officers shall be those members receiving the majority of votes from the members present. The newly elected officers shall be declared installed following their election and shall immediately assume the duties of office.

5.

The board shall elect from its members to fill any officer vacancies at the first meeting after the vacancy occurs.

6.

The chairman shall preside at all meetings of the comprehensive planning and zoning board and shall have the following responsibilities:

a.

To call and preside at any special meeting and/or workshops as deemed necessary.

b.

To appoint subcommittees when deemed necessary. Subcommittees may consist of citizens who are not members of the comprehensive planning and zoning board; however, the chairman of each subcommittee shall be a member of the comprehensive planning and zoning board.

c.

To serve as board spokesman to the city commission regarding all reports and/or recommendations of the comprehensive planning and zoning board. This responsibility may be delegated where appropriate.

7.

The vice-chairman or the next senior member shall, in the absence of the chairman, assume the duties of the chairman and perform such other duties as delegated by the chairman.

8.

The designated city employee shall be responsible for preparing a written record of all business transacted by the board; minutes of all regular, adjourned, special or called meetings of the board; serving notice to all members of all meetings, filing all official records of the board; certifying all maps, records and reports of the board; handling of correspondence and service of notice of all hearings and public meetings in accordance with the provisions of this Code.

(Ord. No. 91-7, § 2; Ord. No. 93-7, § 1; Ord. No. 98-12, §§ 1, 2, 7-6-98; Ord. No. 11-02, § 1, 4-4-11)

A.

The board shall obtain and maintain information on population, property values, the land economy, land use and other information necessary to assess the amount, direction and type of development to be expected in the city.

B.

The building and zoning department, under the direction of the building official shall serve as staff to the board. The board may request information from any city department or official.

C.

Pursuant to and in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, the board is hereby designated as the local planning agency for the city and shall perform the functions and duties as prescribed in the Act.

D.

The board shall monitor and oversee the operation, effectiveness and status of this Code and recommend amendments to the city commission that are consistent with the St. Augustine Beach Comprehensive Plan.

E.

The city commission may ask the board for advice about specific land use issues and policies.

F.

The board shall keep the commission and the general public informed and advised on the land use policies of St. Augustine Beach.

G.

The board shall conduct public hearings to gather information necessary for the drafting, establishment, amendment, and maintenance of the various elements of the St. Augustine Beach Comprehensive Plan and provisions of this Code.

H.

The board may make or obtain special studies on the location, condition and adequacy of specific facilities of St. Augustine Beach, including housing and commercial and facilities, parks, playgrounds, beaches and other recreational facilities, public buildings, private utilities, transportation and parking.

I.

The board shall review any redevelopment plans prepared under Chapter 163, Part III, Florida Statutes.

J.

The board shall perform other lawfully assigned duties.

K.

The board shall review and act upon applications for development review pursuant to this Code.

L.

Pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, the comprehensive planning and zoning board is hereby designated to be the land development regulation commission and shall perform the duties and functions prescribed in the Act.

M.

The comprehensive planning and zoning board shall hear all conditional use permits designated as C-2 in section 3.02.02 and procedurally shall have all the same powers as the city commission in the specific authority to review and grant conditional use permits for those uses designated C-2.

(Ord. No. 91-7, § 2; Ord. No. 21-10, § 6, 10-4-21)

A.

The regular meetings of the board shall be held on the third Tuesday of each month, unless otherwise ordered by the board.

B.

Special meetings, committee meetings, or workshops may be called by the chairman of the board or committee chairman with at least three (3) days, excluding holidays and Sundays, advance notice to the members and to the public.

C.

All meetings and records of the comprehensive planning and zoning board are open to the public.

D.

Published notice.

1.

Notice of public meetings shall be published once in a St. Johns County newspaper and others as deemed necessary, not less than three (3) days, excluding holidays and Sundays, in advance of the date of such meeting. The published notice will indicate the date, time and place of the meeting as well as a list of the subjects to be considered.

E.

A majority of the members of the comprehensive planning and zoning board shall constitute a quorum for the transaction of business except where there is to be an adoption of the comprehensive planning and zoning board by-laws or amendments thereto, or adoption of any portion of the comprehensive plan or amendments thereto. In these instances, and affirmative vote of the majority of the total membership shall be necessary.

F.

Should any member have three (3) consecutive absences, unexcused by the chairman, from regularly scheduled meetings, the chairman shall notify the city commission in writing and request that the replacement process take place. A copy of this notification shall also be forwarded to the absent member.

G.

Voting requirements.

1.

No member of the board present at any meeting at which an official decision, ruling or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling or act; and a vote shall be recorded or counted for each such member present except when there may be a possible conflict of interest as outlined in F.S. § 286.012(8).

2.

No board member shall vote in his official capacity upon any measure which inures to his special private gain. Such member shall, prior to the vote being taken, publicly state to the board the nature of his interest in the matter from which he is abstaining from voting and, within fifteen (15) days after the vote occurs, disclose the nature of his interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes (F.S. § 112.3143).

(Ord. No. 91-7, § 2)

A.

A municipal code enforcement board is hereby created as a citizen board to enforce the provisions of this Code pursuant to Chapter 162, Florida Statutes.

B.

The intent and authority of this board shall be to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, and effective method of enforcing any codes and ordinances where a pending or repeated violation continues to exist. It is further the intent of this board to promote, protect and improve the health, safety and welfare of the citizens of St. Augustine Beach, Florida, through such enforcement.

(Ord. No. 91-7, § 2)

A.

The municipal code enforcement board shall consist of seven (7) members and two (2) alternates appointed by the city commission.

B.

Any person of voting age residing in the City of St. Augustine Beach shall be eligible for membership.

C.

Members of the board shall serve a term of three (3) years. Terms of office shall end on April 1 three (3) years following appointment to a full term. Existing members of the board shall serve until April 1 three (3) years following their respective appointments. Future vacancies created by death, resignation, or disqualification to serve of a member shall be filled for the unexpired term. Any member may be reappointed to successive terms at the discretion of the city commission.

D.

If any member fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the chairman, the board shall declare that member's seat vacated and such vacancy shall be filed as for any other vacancy.

E.

Any member may be removed from office for cause by the city commission. Vacancies occurring due to death, resignation or other inability to serve resulting from change of residence or otherwise, shall be filled within thirty (30) days after the vacancy occurs by the city commission for the remainder of the term, in accordance with the City Code and F.S. § 162.01.

F.

The city commission shall review the applications of volunteers for appointment to the code enforcement board. All applicants to fill a vacancy shall be informed that a financial disclosure statement must be filed with the county supervisor of elections. If an applicant should have an objection to this procedure, he should reconsider the appointment.

G.

Each individual board member shall file financial disclosure statements with the office of the supervisor of elections no later than July 1 of each year or thirty (30) days after their appointment in accordance with Florida Statutes.

(Ord. No. 91-7, § 2; Ord. No. 92-7, § 11; Ord. No. 93-7, § 2; Ord. No. 04-06, § 1, 6-7-04; Ord. No. 06-29, § 1, 1-2-07; Ord. No. 20-15, § 5, 1-4-21)

A.

The officers of the municipal code enforcement board shall consist of a chairman and a vice-chairman elected by the board from its members.

B.

The officers shall serve for terms of one (1) year. There shall be no limitation on the number of consecutive terms in the same office.

C.

The election of officers will take place every year as the first order of business at the regularly scheduled meeting for the month of April.

D.

The elected officers shall be those members receiving the majority of votes from the members present. The newly elected officers shall be declared installed following their election and shall immediately assume the duties of office.

E.

The board shall elect from its members to fill any officer vacancies at the first meeting after the vacancy occurs.

F.

The chairman shall preside at all meetings of the municipal code enforcement board and shall have the following responsibilities:

1.

To preside at any called or special meetings as deemed necessary.

2.

To preside at all hearings before the municipal code enforcement board.

3.

To serve as board spokesman to the city commission regarding all reports and/or recommendations of the municipal code enforcement board. This responsibility may be delegated where appropriate.

G.

The vice-chairman or next senior member shall, in the absence of the chairman, assume the duties of the chairman and perform such other duties as delegated by the chairman.

H.

The designated city employee shall be responsible for preparing a written record of all business transacted by the board; minutes of all regular, adjourned, special or called meetings and hearings of the board; serving notice to all members of all meetings and/or hearings; filing all official records of the board; certifying all records and reports; handling of correspondence; and service of notice of all hearings and public meetings in accordance with the provisions of this Code.

(Ord. No. 91-7, § 2)

A.

The regular meetings of the board shall be the fourth Wednesday of each month unless otherwise ordered by the board.

B.

Special meetings, committee meetings or workshops may be called by the chairman of the board.

C.

Emergency hearings may be called by the code inspector or chairman.

D.

All actions before the board shall be initiated by a code inspector filing a statement of violation and request for hearing with the secretary of the board. No member of the board shall initiate actions before the board.

E.

If any member fails to attend two (2) of three (3) consecutive meetings without cause and without prior approval of the chairman, the chairman shall notify the city commission in writing and request that the replacement process take place. A copy of this notification shall also be forwarded to the absent member.

F.

A quorum of the board shall consist of four (4) members. An affirmative vote of a majority of those members present and voting shall be necessary to pass any motion or adopt any order, except that at least four (4) members of the board must vote in order for the action to be official.

G.

Voting requirements.

1.

No member of the board present at any meeting at which an official decision, ruling or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling or act; and a vote shall be recorded or counted for each such member present except when there may be a possible conflict of interest as outlined in F.S. § 286.012(8).

2.

No board member shall vote in his official capacity upon any measure which inures to his special private gain. Such member shall, prior to the vote being taken, publicly state to the board the nature of his interest in the matter from which he is abstaining from voting and within fifteen (15) days after the vote occurs, disclose the nature of his interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes (F.S. § 112.3143).

3.

Voting may be by voice vote and shall be recorded by individual "aye" or "nay" for each board member present.

4.

Voting on applicants to fill a vacancy shall be by official written ballot stating the names and addresses of those candidates to be voted upon. The highest number of votes cast shall constitute a majority. All ballots must be signed by board member casting the vote and kept on file as a matter of public record.

(Ord. No. 91-7, § 2; Ord. No. 20-15, § 6, 1-4-21)