The purpose of this article is to provide mechanisms for obtaining relief from the provisions of the Land Development Code where hardship would otherwise occur. Two forms of hardship are addressed:

(1)

Sections 50-127—50-129 address hardships that would be caused if nonconforming development were required to immediately come into compliance with the Land Development Code; and

(2)

Sections 50-155—50-159 address the hardships that may be caused in particular cases by the imposition of the Land Development Code's development design standards.

(Ord. No. 2-91, § 10.00.00, 4-29-1991)

The term "nonconforming development" is development that does not conform to the use regulations in chapter 70 and/or the development design and improvement standards in chapters 58 and 66.

(Ord. No. 2-91, § 10.01.01, 4-29-1991)

Cross reference— Definitions generally, § 1-2.

Subject to the provisions in section 50-129 for terminating nonconforming development, such development may, if otherwise lawful and in existence on the date of enactment of the Land Development Code from which this section is derived, remain in use in its nonconforming state.

(Ord. No. 2-91, § 10.01.02, 4-29-1991)

(a)

Generally. Nonconforming development must be brought into full compliance with the use regulations in chapter 70, and the development design and improvement standards in chapters 58 and 66, in conjunction with the following activities:

(1)

The gross floor area of the development is expanded by more than ten percent or more than 4,000 square feet, whichever is less. Repeated expansions of a development, constructed over any period of time commencing with the effective date of the Land Development Code from which this section is derived, shall be combined in determining whether this threshold has been reached.

(2)

Reconstruction of the principal structure after the structure has been substantially destroyed by fire or other calamity. A structure is substantially destroyed if the cost of reconstruction is 50 percent or more of the fair market value of the structure before the calamity. If there are multiple principal structures on a site, the cost of reconstruction shall be compared to the combined fair market value of all the structures.

(b)

Nonconformity with the parking and loading requirements. In addition to the activities listed in subsection 50-129(a), full compliance with the requirements for parking and loading spaces sections 82-241 and 82-291 shall be required where a town development permit for the expansion or modification of a structure is issued.

(c)

Conformity defined. Any sign within the town on the effective date of the Land Development Code from which this section is derived is prohibited by, or does not conform to the requirements of, the Land Development Code; except that signs that are within ten percent of the height and size limitations of the Land Development Code, and that in all other respects conform to the requirements of the Land Development Code, shall be deemed to be in conformity with the Land Development Code.

(d)

Amortization of Nonconforming Signs.

(1)

All nonconforming signs with a replacement cost of less than $100.00, and all signs prohibited by sections 80-4 and 80-5 pertaining to prohibited signs shall be removed or made to conform within one year of the enactment of the Land Development Code.

(2)

All other nonconforming signs shall be removed or altered to be conforming within seven years of the effective date of the Land Development Code from which this section is derived, unless an earlier removal is required by section 50-129(a).

(e)

Nonconforming vehicle use areas.

(1)

A vehicle use area is any portion of a development site used for circulation, parking and/or display of motorized vehicles, except junk or automobile salvage yards.

(2)

When the square footage of a vehicle use area is increased, compliance with the Land Development Code is required as follows:

a.

When a vehicle use area is expanded by ten percent or less, only the expansion area must be brought into compliance with the Land Development Code.

b.

When a vehicle use area is expanded by more than ten percent, the entire vehicle use area shall be brought into compliance with the Land Development Code.

c.

Repeated expansions of a vehicle use area over a period of time commencing with the effective date of the Land Development Code shall be combined in determining whether the above threshold has been reached.

(Ord. No. 2-91, § 10.01.03, 4-29-1991)

(a)

Granting of variances. The town may grant a variance from the strict application of any provision of the Land Development Code, except provisions in chapter 70 pertaining to land use and chapter 54 pertaining to concurrency, if the following procedures are followed and findings made.

(b)

Variances to be considered as part of development review. Any person desiring to undertake a development activity not in conformance with the Land Development Code may apply for a variance in conjunction with the application for development review. A development activity must be approved by the town if a variance is sought. The variance shall be granted or denied in conjunction with, but prior to, any action to be taken on the application for development review.

(Ord. No. 2-91, § 10.02.01, 4-29-1991)

(a)

Initial determination. The town 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 council 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 council shall make the required findings based on the cumulative effect of granting the variance to all who may apply.

(b)

Required findings. The town shall not vary the requirements of any provision of the Land Development Code unless it makes a positive finding, based on substantial competent evidence, on each of the following:

(1)

There are practical or economic difficulties in carrying out the strict letter of the regulation.

(2)

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

(3)

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

(4)

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

(5)

The effect of the proposed variance is in harmony with the general intent of the Land Development Code and the specific intent of the relevant subject area of the Land Development Code.

(c)

Conditions and restrictions. In granting a development approval involving a variance, the town may impose such conditions and restrictions upon the premises benefitted 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.

(Ord. No. 2-91, § 10.02.02, 4-29-1991)

(a)

Additional findings. In addition to the findings required is section 50-131(b), the town shall find that the requested variance will not result in an increase in the base flood elevation, additional threats to public safety, additional public expense, the creation of nuisances, fraud or victimization of the public, or conflicts with other local ordinances.

(b)

Variance considerations. Before granting a variance, the town shall consider:

(1)

The danger that materials may be swept from the site onto other lands.

(2)

The danger to life and property from flooding or erosion.

(3)

The potential of the proposed facility and its contents to cause flood damage and the effect of that damage on the owner and public.

(4)

The importance of the services provided by the proposed facility to the community, and whether it is a functionally dependent facility.

(5)

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

(6)

The compatibility of the proposed use with existing and anticipated neighboring development.

(7)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(8)

Safe vehicular access to the property in times of flood.

(9)

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

(10)

The costs of providing governmental services during and after floods including maintenance and repair of public utilities and facilities.

(Ord. No. 2-91, § 10.02.02(A), (B), 4-29-1991)

(a)

Special restriction for regulatory floodways. Variances that would increase flood levels during the base flood shall not be issued within any regulatory floodway.

(b)

Flowage easements. No variance that would increase flood damage on other property shall be granted unless flowage easements have been obtained from the owners of all affected properties. In no event shall a variance be granted that would increase the elevation of the base flood more than one foot.

(c)

Notification. All variances to the flood damage prevention regulations shall:

(1)

Specify the difference between the flood protection elevation and the elevation to which the structure is to be built.

(2)

State that the variance will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage.

(3)

State that construction below the flood protection level increases risk to life and property.

(d)

Record of variances to be maintained. The town shall maintain a record of all variances including the justification for their issuance and a copy of the notice of the variance. The town shall report all variances to the Federal Emergency Management Agency upon request.

(Ord. No. 2-91, § 10.02.03(C)—(E), 4-29-1991)

Notwithstanding the requirements is section 50-129, special variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on, or classified as contributing to a district or site listed on, the National Register of Historic Places or the state master site file. The special variance shall be the minimum necessary to protect the historic character and design of the structure. No special variance shall be granted if the proposed construction, rehabilitation or restoration will cause the structure to lose its historical integrity as determined by conformance with the U. S. Secretary of the Interior's standards for rehabilitation and guidelines for rehabilitating historic buildings.

(Ord. No. 2-91, § 10.02.03(G), 4-29-1991)

This article shall be known as the "Century Area Redevelopment Trust Fund Ordinance," and may be cited as such, and will be referred to herein as "this article."

( Ord. No. 11-18 , § 1, 10-15-2018)

(a)

On September 11, 2017, the Century Town Council (hereinafter called the "council") adopted a resolution by which it found and declared: (i) that a blighted area existed in the Town of Century; (ii) that the rehabilitation, conservation or redevelopment, or a combination thereof, of said blighted area was necessary in the interest of the public health, safety, morals and welfare of the residents of the Town of Century to eliminate, remedy and prevent conditions of blight; (iii) that said blighted areas were appropriate for community redevelopment projects; and (iv) that there existed a need for a community redevelopment agency to function in the Town of Century to carry out the community redevelopment purposes pursuant to Part III of Chapter 163, Florida Statutes, "The Community Redevelopment Act of 1969" or (hereinafter called "the Act), as amended. This resolution designated the blighted area as the Century Redevelopment Area.

(b)

On September 17, 2017, the town council adopted Resolution 19-17 by which it declared its membership to comprise the community redevelopment agency and vested in such agency all rights, powers, duties, privileges and immunities authorized by the Act.

(c)

On September 17, 2017, the town council further adopted Resolution 18-17 to determine the community redevelopment area. The boundaries of the area are described as follows:

BEGIN AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF CSX RAILROAD AND THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 4 (100' R/W) IN SECTION 5, TOWNSHIP 5 NORTH, RANGE 30 WEST, ESCAMBIA COUNTY, FLORIDA; THENCE PROCEED SOUTHEASTERLY ALONG SAID NORTH LINE TO THE INTERSECTION OF THE WEST LINE OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 30 WEST, ESCAMBIA COUNTY, FLORIDA; THENCE DEPARTING THE AFORESAID NORTH LINE PROCEED SOUTHERLY ALONG SAID WEST LINE OF SECTION 4, TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 4 (100' R/W); THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE, PROCEED SOUTHERLY ALONG THE AFORESAID WEST LINE TO THE SOUTHWEST CORNER OF THE NORTH WEST ¼ OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 30 WEST; THENCE PROCEED EASTERLY ALONG THE SOUTH LINE OF SAID NORTHWEST ¼ TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF JEFFERSON AVENUE; (R/W VARIES) THENCE PROCEED SOUTHWESTERLY ALONG THE SAID WEST RIGHT-OF-WAY LINE TO THE CENTERLINE INTERSECTION OF CSX RAILROAD (100' R/W); THENCE PROCEED SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF THE EXTENTION OF THE SOUTH LINE OF OR BOOK 6498, PAGE 980; THENCE PROCEED WESTERLY ALONG THE SOUTH LINE TO THE SOUTHWEST CORNER AS DESCRIBED IN OR BOOK 6498, PAGE 980; THENCE PROCEED NORTH TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 5 NORTH, RANGE 30 WEST, ESCAMBIA COUNTY, FLORIDA; THENCE PROCEED WEST ALONG SAID NORTH LINE TO THE INTERSECTION OF THE WEST LINE OF THAT DESCRIBED IN OR BOOK 5134, PAGE 1078; THENCE PROCEED NORTHERLY ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF THAT DESCRIBED IN OR BOOK 134, PAGE 1078; THENCE PROCEED EASTERLY TO THE NORTHEAST CORNER OF THAT DESCRIBED IN OR BOOK 6003, PAGE 1590 AND THE WEST RIGHT-OF-WAY OF JEFFERSON AVENUE (R/W VARIES); THENCE PROCEED NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO THE SOUTH EAST CORNER AS THAT DESCRIBED IN OR BOOK 483, PAGE 956; THENCE PROCEED WESTERLY ALONG THE SOUTH LINE AS THAT DESCRIBED IN OR BOOK 483, PAGE 956, TO THE INTERSECTION OF THE WEST LINE OF THAT DESCRIBED IN OR BOOK 4517, PAGE 13; THENCE PROCEED NORTH ALONG THE WESTERLY EXTENTION OF THAT DESCRIBED IN OR BOOK 4517, PAGE 13 TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 29, (R/W VARIES); THENCE PROCEED NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 29 TO THE SOUTHEAST CORNER OF THAT DESCRIBED IN OR BOOK 6729, PAGE 282, THENCE DEPARTING THE AFORESAID WEST RIGHT-OF-WAY LINE PROCEED EAST TO THE NORTHWEST CORNER OF THAT DESCRIBED IN OR BOOK 6144, PAGE 1370; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE PROCEED EASTERLY TO THE INTERSECTION OF THE NORTH LINE OF THAT DESCRIBED IN OR BOOK 6144, PAGE 1370 AND THE EAST RIGHT-OF-WAY LINE OF CSX RAILROAD (100' R/W); THENCE PROCEED SOUTHERLY ALONG SAID EASTERN RIGHT-OF-WAY LINE TO THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 4 AND THE POINT OF BEGINNING.

LYING IN AND BEING A PART OF SECTIONS 5, & 8, TOWNSHIP 5 NORTH, RANGE 30 WEST, ESCAMBIA COUNTY, FLORIDA, CONTAINING 510 ACRES MORE OR LESS.

(d)

In addition, the town council makes the following findings:

(1)

The town council finds that the findings, determinations, declarations, and actions set forth in Resolutions 18-17 and 19-17 are supported by competent and substantial evidence and that said findings, determinations, declarations and actions are valid as it relates to the purpose of this article.

(2)

The Century Redevelopment Area Plan, incorporated herein by reference, and approved by the Century Town Council on September 10, 2018, supports the findings of the town council that the Century Redevelopment Area is a blighted area within the meaning of this article.

(3)

Each governmental taxing authority, which levies ad valorem taxes on taxable real property contained within the boundaries of the Century Redevelopment Area, was furnished notice of the proposed ordinance at least 15 days prior to the date on which this matter is to be considered, as required by Chapter 163.346, Florida Statutes, as amended.

( Ord. No. 11-18 , § 2, 10-15-2018)

Unless the context clearly requires otherwise, any terms contained in this Ordinance shall have the same meaning set forth in Part III, Chapter 163, Florida Statutes, as amended.

( Ord. No. 11-18 , § 3, 10-15-2018)

For the duration of the Century Redevelopment Plan, such plan shall be funded by the Century Redevelopment Trust Fund. Pursuant to Section 163.387, Florida Statutes, there is hereby established a redevelopment trust fund for the Community Redevelopment Agency of the Town of Century. Funds allocated to and deposited in this fund shall be used to finance or to refinance community redevelopment projects undertaken in the Century Redevelopment Area and when directly related to the financing or refinancing of such a community redevelopment project, also may be expended for any other purpose authorized by Section 163.387, Florida Statutes, as amended, including:

(a)

Administrative and overhead expenses necessary or incidental to the preparation and implementation of a community redevelopment plan adopted by the community redevelopment agency;

(b)

Expenses of redevelopment planning, surveys and financial analysis, including the reimbursement of the town or the community redevelopment agency for such expenses incurred before the redevelopment plans were approved and adopted;

(c)

The acquisition of real property in the Century Redevelopment Area;

(d)

Property clearance and preparation of the Century Redevelopment Area for redevelopment and for relocation of site occupants as provided for in Section 163.370, Florida Statutes, as amended;

(e)

Repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes and other forms of indebtedness;

(f)

All expenses incidental to or connected with the issuance, sale, redemption, retirement or purchase of agency bonds, bond anticipation notes or other form of indebtedness; including funding of any reserve, redemption or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes or other forms of indebtedness; and,

(g)

Development of affordable housing in the area.

( Ord. No. 11-18 , § 4, 10-15-2018)

(a)

For the duration of any community redevelopment project undertaken in the Century Redevelopment Area pursuant to the Century Redevelopment Plan, the annual funding of the redevelopment trust fund established above shall be in an amount not less than the increment in the income, proceeds, revenues and funds of each taxing authority, derived from or held in connection with the undertaking and the carrying out of community redevelopment under the Community Redevelopment Act. Such increment shall be determined annually and shall be that amount equal to 95 percent of the difference between:

(1)

The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of the Century Redevelopment Area; and

(2)

The amount of ad valorem taxes, which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt service millage, upon the total of the assessed value of the taxable real property in the Century Redevelopment Area as shown upon the most recent assessment roll used in connection with the taxation of such property by each taxing authority prior to the effective date of the ordinance providing for the funding of the trust fund.

(b)

Pursuant to Section 163.387(2), Florida Statutes, as amended, commencing upon the effective date of this ordinance and for the duration of any community redevelopment project undertaken pursuant to the Community Redevelopment Act, each taxing authority shall annually appropriate and shall pay on or before January 1 to the redevelopment trust fund a sum that is not less than the increment of ad valorem tax revenues as defined and as determined above. Failure of said taxing authorities to do so shall subject the taxing authorities to the penalty provision set forth in Section 163.387, Florida Statutes, as amended.

(c)

The obligation of the town to fund the redevelopment trust fund annually shall continue until all loans, advances and indebtedness, if any, and any interest thereon of the community redevelopment agency incurred as a result of a community redevelopment project, has been paid, but only to the extent that the tax increment described in this section accrues. The town covenants that so long as its obligation to fund the redevelopment trust fund continues pursuant to Section 163.387, Florida Statutes, as amended, it shall take all necessary action to enforce the performance of the obligation of each taxing authority to make the annual appropriations required by aforementioned paragraphs. However, the obligation of the town to fund the redevelopment trust fund shall not be construed to make the Town of Century a guarantor of the obligations of other taxing authorities under this ordinance or the Community Redevelopment Act; nor shall it be construed to require the exercise of the taxing power of the Town of Century or the payment to the redevelopment trust fund from any other funds of the Town of Century except for the incremental revenue provided in the aforementioned paragraphs.

(d)

The redevelopment trust fund shall be maintained and shall be administered as a separate account and unexpended monies deposited therein shall be dispensed as authorized by law.

( Ord. No. 11-18 , § 5, 10-15-2018)

Any money, which remains in the redevelopment trust fund after the payment of expenses on the last day of the fiscal year of the fund, shall be appropriated for a redevelopment project pursuant to an approved community redevelopment plan which project will be completed within three years from the date of such appropriation in accordance with Section 163.387(7), Florida Statutes, as amended.

( Ord. No. 11-18 , § 6, 10-15-2018)

The community redevelopment agency shall provide for an independent financial audit of the redevelopment trust fund each fiscal year and a report of such audit. Such report shall describe the amount of and source of deposits into, and the amount of and purpose of withdrawals from the trust fund during such fiscal year and the amount of principal and interest paid during such year on any indebtedness to which is pledged increment revenues and the remaining amount of any such indebtedness. Thereafter, the agency shall provide a copy of the report to each taxing authority.

( Ord. No. 11-18 , § 7, 10-15-2018)

The boards described in this article are created to administer the provisions of the Land Development Code under the authority prescribed by the Land Development Code and state law.

(Ord. No. 2-91, § 11.00.00, 4-29-1991)

All citizen boards created to administer the Land Development Code shall be governed by the following provisions:

(1)

Board membership and officers.

a.

Each board shall have five members appointed by the town council.

b.

Each member shall reside in the town.

c.

Each member shall be appointed to a three-year term except that, initially, one member shall be appointed for a term of one year, two members shall be appointed for a term of two years, and two members shall be appointed for a term of three years. No person may serve more than two consecutive three year terms. Persons disqualified by this provision may be reappointed after one year elapses after the expiration of the second term of service.

d.

When a position becomes vacant before the end of the term, the town council shall appoint a substitute member to fill the vacancy for the duration of the vacated term. A member whose term expires may continue to serve until a successor is appointed and qualified.

e.

Members may be removed without notice and without assignment of cause by a majority vote of the town council.

f.

The members of each board shall annually elect a chair and vice chair from among the members and may create and fill other offices as the board deems needed.

g.

Each board shall create whatever subcommittees it deems needed to carry out the purposes of the board.

h.

The chair of the board, shall annually appoint the membership of each subcommittee from the members of the board.

i.

The director shall appoint a town employee to serve as secretary to the board, recorder and custodian of all board records.

j.

Members shall not be compensated, but may be paid for travel and other expenses incurred on board business under procedures prescribed in advance by the town council.

k.

The town council shall appropriate funds to permit each board to perform its prescribed functions, if appropriate.

l.

If any member fails to attend three successive meetings the Board shall declare the member's office vacant and notify the town council.

(2)

Board procedures.

a.

Each board shall adopt rules of procedure to carry out its purposes. All rules must conform to the Land Development Code, and other town ordinances.

b.

Each board shall meet at least once each calendar month, unless cancelled by the board or its chair, and more often at the call of the chair or the town council.

c.

Each board shall keep minutes of its proceedings, indicating the attendance of each member, and the decision on every question.

d.

Three members shall constitute a quorum.

e.

Each decision of a board must be approved by a majority vote of the members present at a meeting in which a quorum is in attendance and voting.

(Ord. No. 2-91, § 11.01.01, 4-29-1991)

The historic preservation board is hereby established as a citizen board.

(Ord. No. 2-91, § 11.01.02(A), 4-29-1991)

One member of the historic preservation board shall be a registered architect. The remaining four appointments shall be made on the basis of civic pride, integrity, experience, and interest in the field of historic preservation. The town council should, whenever possible, appoint a representative from each of the following areas of expertise:

(1)

History.

(2)

Real estate, real property appraisal.

(3)

Urban planning.

(4)

Law.

(5)

Engineering, building construction.

(Ord. No. 2-91, § 11.01.02(B), 4-29-1991)

It shall be the responsibility of the historic preservation board to:

(1)

Update the official inventory of cultural resources and submit to the town council recommendations and documentation concerning the updating.

(2)

Develop programs to stimulate public interest in urban neighborhood conservation, participate in the adaptation of existing codes, ordinances, procedures, and programs to reflect urban neighborhood conservation policies and goals.

(3)

Explore funding and grant sources and advise property owners concerning funds which might be available for identification, protection, enhancement, perpetuation, and use of historic, architectural, archeological, and cultural resources.

(4)

Cooperate with agencies of the town, county, regional, state and federal governments in planning proposed and future projects to reflect historic preservation concerns and policies, and assist in the development of proposed and future land use plans.

(5)

Advise property owners and local governmental agencies concerning the proper protection, maintenance, enhancement, and preservation of cultural resources.

(6)

Advise the town council concerning the effects of local governmental actions on cultural resources.

(7)

Review and recommend sites, buildings, structures, objects, and districts, both public and private, for listing on the local register of historic places.

(8)

Approve or deny petitions for certificates of appropriateness required under the historic preservation regulations in the Land Development Code.

(9)

Notify the director who shall take appropriate action when it appears that there has not been compliance with the historic preservation regulations of the Land Development Code.

(Ord. No. 2-91, § 11.01.02(C), 4-29-1991)

Code enforcement board is hereby created as a citizen board to enforce the provisions of the Land Development Code pursuant to F.S. ch. 162.

(Ord. No. 2-91, § 11.01.03(A), 4-29-1991)

Members of the code enforcement board shall be residents of the town and shall have experience or an interest in zoning and building control. The membership of the board shall, whenever possible, include the following:

(1)

An architect.

(2)

A businessman.

(3)

An engineer.

(4)

A general contractor.

(5)

A subcontractor.

(6)

A realtor.

(7)

An environmental scientist.

(Ord. No. 2-91, § 11.01.03(B), 4-29-1991)

(a)

The town council shall appoint legal counsel to represent the code enforcement board.

(b)

The town attorney may serve as counsel to the board, if directed by the town council, or may represent the town by presenting cases before the board, but may not serve in both capacities.

(Ord. No. 2-91, § 11.01.03(C), 4-29-1991)

The code enforcement board shall have the power to:

(1)

Adopt rules for the conduct of its hearings.

(2)

Subpoena evidence, witnesses, and alleged violators.

(3)

Take testimony under oath.

(4)

Issue orders, having the force of law, commanding those actions necessary to bring a violation into compliance.

(Ord. No. 2-91, § 11.01.03(D), 4-29-1991)

When the town has reason to believe that the provisions of the Land Development Code are being violated, it shall initiate enforcement proceedings. No member of the code enforcement board may initiate enforcement proceedings.

(Ord. No. 2-91, § 11.01.04(A), 4-29-1991)

The town shall notify the alleged violator of the nature of the violations and provide a reasonable period of time to eliminate them. If the violations are not eliminated within the time specified, the town shall notify the code enforcement board and request a hearing. If a violation presents a serious threat to the public health, safety and welfare, the town shall immediately take the case before the code enforcement board, even if the violator has not been notified.

(Ord. No. 2-91, § 11.01.04(B), 4-29-1991)

(a)

Written notice of a request for a hearing before the code enforcement board and of the date, time and place of the hearing shall be sent to the alleged violator by certified mail, return receipt requested, or by personal service.

(b)

After a case is set for hearing, the secretary to the code enforcement board shall issue subpoenas as requested by the town and the alleged violator. Subpoenas may be served by the chief of police of the town. The town shall pay all costs of issuing and serving up to and including four subpoenas requested by any party. Should a party request more than four subpoenas, that party shall pay all costs incurred in issuing and serving those in excess of four.

(c)

Hearings before the code enforcement board shall be conducted as follows:

(1)

The secretary shall read the statement of violations and request for hearing.

(2)

The alleged violator shall be asked if he wishes to contest the charges.

(3)

The town shall present its case and the alleged violator shall present his case. The town's case shall be presented by an attorney representing the town or by a member of the administrative staff of the town. The alleged violator's case may be presented by an attorney, or other representative chosen by the alleged violator.

(4)

Both parties may call witnesses and all witnesses shall be sworn. All testimony shall be under oath and shall be recorded.

(5)

Formal rules of evidence shall not apply, but fundamental due process shall be observed.

(6)

Both parties may cross examine witnesses and present rebuttal evidence.

(7)

The town council and its attorney may call or question any witness.

(8)

After all evidence has been submitted, the chair shall close presentation of evidence.

(9)

The town council shall deliberate and make a decision in open session at the next regularly scheduled town council meeting.

(10)

A decision of the town council must be approved by at least four members of the council. The decision shall contain findings of fact and conclusions of law and shall state the affirmative relief granted by the town council.

(11)

The decision may be announced as an oral order of the town council. However, the decision shall be reduced in writing within ten days and mailed by certified mail, return receipt requested to the parties.

(12)

The town council may, at any hearing, order the reappearance of a party at a future hearing.

(Ord. No. 2-91, § 11.01.04(C)—(E), 4-29-1991)

(a)

The code enforcement board, upon finding a violation, shall issue an order to comply, setting a date certain for compliance, and a fine to be levied if the deadline for compliance is not met. The fine shall not exceed $250.00 for each day the violation continues past the specified compliance date.

(b)

After an order has been issued by the code enforcement board and a date for compliance has been set, the town or other designated town official shall make a reinspection to determine compliance or noncompliance with the order.

(c)

The inspector shall file an affidavit of compliance or noncompliance with the secretary of the code enforcement board, and a copy shall be sent to the violator by certified mail, return receipt requested.

(d)

If the town files an affidavit of compliance, the secretary of the code enforcement board shall close the file and so report to the town council.

(e)

If the town files an affidavit of noncompliance with the secretary of the code enforcement board, the town council may order the violator to pay the fine as specified in the town council's order.

(f)

A copy of the order imposing the fine shall be mailed to the violator by certified mail, return receipt requested, or personally served upon the violator.

(g)

If a fine remains unpaid for a period of 14 days, a certified copy of the order imposing the fine shall be recorded in the official records of the county and/or the town, which shall thereafter constitute a lien against the land on which the violations exist, or if the violator does not own the land, then upon any other real or personal property owned by the violator upon petition to the circuit court such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against personal property of the violator. If the fine remains unpaid for a period of three months following the date the lien was filed, the town council may authorize the town attorney to foreclose on the lien.

(h)

In addition to the penalties prescribed above, the code enforcement board shall:

(1)

Direct the town not to issue any subsequent development orders for the development until the violation has been corrected.

(2)

Inform the violator that no further work under an existing approval may proceed until the violation has been corrected.

(Ord. No. 2-91, § 11.01.04(F)—(M), 4-29-1991)

State Law reference— Liens, F.S. § 162.09(3).

(a)

Generally. If the town determines that the code enforcement process delineated above would be an inadequate response to a given violation, it may pursue the penalties and remedies set out in this section, as provided by law.

(b)

Lot sales limited to approved subdivision. It shall be unlawful for anyone who is the owner or agent of the owner of any land to transfer, sell, agree to sell or negotiate to sell such land by reference to or exhibition of or by other use of a plat or subdivision of such land without having submitted a plan and plat of such subdivision for approval as required by these regulations and recorded the approved subdivision plat as required. If such unlawful use is made of a plat before it is properly approved and recorded, the owner or agent of the owner of such land shall be deemed guilty of a misdemeanor and shall be punishable as provided in this section.

(c)

False representation as to maintenance responsibility. Any owner or agent of the owner who falsely represents to a prospective purchaser of real estate that any facilities and services such as roads and streets, sewers, water systems or drainage facilities will be built, constructed or maintained by the town shall be deemed guilty of a misdemeanor and shall be punishable as provided by law.

(d)

Violation of section 58-45, pertaining to hazardous waste generators permits. Violation of section 58-45 is a misdemeanor and shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed $500.00 or by imprisonment in the county and/or town detention facilities not to exceed sixty days or both such fine and imprisonment. If any violation continues, each day of violation shall be deemed a separate violation. However, imposition of such fine or jail sentences, statutory or civil penalties, would include, but are not limited to, prohibiting the further generation of hazardous waste. Fines assessed pursuant to this section shall go into the general revenue fund of the town to be used for enforcement of this section.

(e)

Civil remedies. If any building or structure is erected, constructed, altered, repaired or maintained or any building, structure, land or water is used in violation of the Land Development Code, the town, through the town attorney, may institute any appropriate civil action or proceedings in any court to prevent, correct or abate the violation.

(f)

Criminal penalties. Any person who violates any provision of the Land Development Code shall be deemed guilty of a misdemeanor and shall be subject to fine and imprisonment as provided by law.

(Ord. No. 2-91, § 11.02.01, 4-29-1991)