(a)

The city administrator shall designate personnel who shall have the authority to enforce the provisions of this chapter.

(b)

Where it is found that any of the provisions of this chapter are being violated, enforcement proceedings may be initiated against the real property owner, the tenant, if applicable, and any other person violating the provisions of this chapter. Any enforcement procedure authorized by this Code or state law may be used to enforce the provisions of this chapter. It shall be at the discretion of the city administrator or designee to determine which method of enforcement is appropriate and whether more than one method of enforcement should be brought.

(c)

Where this chapter includes regulations on the same point as contained in any other law or ordinance, the provisions of this chapter shall govern; except that where the regulations of the other law or ordinance are more restrictive than those of this chapter, the other shall govern.

(Ord. No. 2007-02, exh. A, § 7, 2-21-2007)

For the purpose of enforcing the provisions of this chapter, officials and inspectors shall have a right of entry as provided by law whenever said officials and inspectors find such entry necessary for the proper discharge of their duties under this chapter. The office of the city attorney is hereby authorized to seek inspection warrants as necessary.

(Ord. No. 2007-02, exh. A, § 16, 2-21-2007)

(a)

No building or structure, or part thereof, or land or water, shall be erected, altered, moved, or used unless a permit consistent with all applicable provisions of this chapter shall have been first obtained for such work.

(b)

Any permit issued pursuant to this section shall be valid for a period of one year from the date of issuance or approval of a final inspection, whichever occurs first. Any expired permit which is not renewed within 60 days of the date of expiration shall become void; and any new permit shall be subject to all current requirements of this chapter.

(c)

A permit card and a set of approved plans shall be available on the site where the construction is occurring at all times a scheduled inspection is being conducted to ensure compliance with such approved plans.

(d)

A construction layout survey shall be submitted to the city administrator or designee prior to or at commencement of construction of any building or structure on undeveloped property to ensure compliance with the approved site plan. Such survey shall also indicate all easements and rights-of-way of record.

(Ord. No. 2007-02, exh. A, § 12, 2-21-2007)

(a)

No building permit shall be issued for the erection, or alteration of any building or structure or part thereof, or for the use of any land or water, which is not in conformity with all the provisions of this chapter.

(b)

No license, permit or certificate shall be issued by any department, agency or official of the city for the use of any premises or the operation of any business, enterprise, occupation, trade, profession or activity which would involve, in any way, or constitute a violation of this chapter, or upon any premises where a violation of this chapter is pending or unresolved.

(Ord. No. 2007-02, exh. A, § 13, 2-21-2007)

(a)

All applications for permits to construct a building or structure on undeveloped property shall be accompanied by the following:

(1)

A site plan in triplicate, drawn to a scale of a minimum one inch equals 50 feet, showing the actual dimensions of the plot involved in the application, the location of the structure proposed, yards and setbacks, easements and rights-of-way, as well as such other pertinent information as may be necessary for the enforcement of this chapter;

(2)

Three sealed copies of a boundary survey. Such survey shall indicate all easements and rights-of-way of record;

(3)

Three sets of floor plans drawn to a minimum scale of three-eighths inch equals one foot; and

(4)

Three sets of elevation plans of all proposed buildings and structures drawn to a minimum scale of 3/16 inch equals one foot.

(b)

All applications for permits to construct a new building or structure on developed property, or to add to or alter an existing building or structure, including construction or erection of signs, dumpster enclosures, landscaping or off-street parking facilities, shall be accompanied by the following:

(1)

A site plan in triplicate, drawn to a scale of a minimum one inch equals 50 feet, showing the actual dimensions of the plot involved in the application, all existing buildings and structures on the plot, and all proposed new construction, yards, setbacks, easements and rights-of-way, as well as such other pertinent information as may be necessary for the enforcement of this chapter.

(2)

Three sealed copies of an as-built survey describing and depicting the plot involved in the application and indicating all easements and rights-of-way of record.

(3)

Three sets of floor plans drawn to a minimum scale of three-eighths inch equals one foot; and three sets of elevation plans of all proposed buildings and structures drawn to a minimum scale of 3/16 inch equals one foot.

(c)

Any permit application which is not approved due to lack of compliance with this section or with any requirement of this chapter, and for which corrected plans are not resubmitted within 60 days from notification of such noncompliance shall be void.

(d)

All plots shall be maintained in accordance with the approved site plan unless subsequent changes are approved by the appropriate governing agencies.

(Ord. No. 2007-02, exh. A, § 14, 2-21-2007)

(a)

No commercially or industrially zoned building or structure, or part thereof, or premises zoned to permit any commercial or industrial use, or established as a legal nonconforming use, existing as of the effective date of ordinance from which this chapter is derived, which undergoes a change of occupancy or upon which a new or different use is established, shall be occupied or used unless a certificate of use shall have been issued therefor. The original of the certificate shall be posted at the business location at all times.

(b)

The city administrator or designee shall notify the holder of any certificate of use, and the real property owner if different from the certificate holder, in writing, of the city administrator or designee's intent to revoke a certificate of use for any of the following reasons:

(1)

The city administrator or designee has reasonable grounds to believe that the premises is being used in a manner that is inconsistent with, or contrary to, the provisions of this chapter or any other applicable code or statute;

(2)

Conviction of any owner, operator, manager, supervisor or any employee acting at the direction or with the knowledge of the owner, operator, manager or supervisor, by a court of competent jurisdiction, for the violation of any criminal statute committed in conjunction with the business operation;

(3)

It has been ascertained that the holder of the certificate of use falsified any information on the application for the certificate of use; or

(4)

The holder of the certificate of use, or the holder's designated manager, operator or supervisor refuses to permit an authorized law enforcement officer or code enforcement officer to inspect the premises during normal business hours for the purpose of investigating a complaint which has been filed against the business operation.

(c)

All written notifications from the city administrator or designee, of the intent to revoke a certificate of use shall be in accordance with notice provisions in F.S. ch. 162. The notice shall state the following:

"The holder of this certificate of use shall have ten days from the date of this notification to either cease use of the premises or to request a hearing, in writing, before the code enforcement special magistrate.

If no written request for a hearing is received by the city administrator or designee within ten days of the date of this notification by the certificate holder, the certificate of use shall be considered revoked and shall not be reissued at the location."

(d)

If the holder of the certificate of use requests a hearing before the code enforcement special magistrate, the certificate of use shall remain in effect during the pendency of the action before the code enforcement special magistrate.

(Ord. No. 2007-02, exh. A, § 15, 2-21-2007)

Whenever the public necessity, convenience, general welfare, or good planning and zoning practice requires, the city commission may, by ordinance, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this chapter or amendments thereto.

(Ord. No. 2007-02, exh. A, § 18, 2-21-2007)

(a)

A request for rezoning or an amendment to this chapter may be initiated by the city commission, by the city staff, or by a petition of the owner of property requested for rezoning or, in the case of an amendment to this chapter, any resident of the city.

(b)

All applicants for rezoning, code amendments, or developments of regional impact shall complete an application on forms prepared by the city administrator or designee. A fee, as approved by the city commission, shall be charged for all applications other than those initiated by the city commission or the city. A public hearing shall be scheduled as soon as practicable, after acceptance of an application for rezoning or request for an amendment to this chapter or a development of regional impact by any citizen of the city.

(c)

A request for a land use plan amendment to the comprehensive plan may be initiated by the city commission, by the city staff or by a petition of the owner of property requested for land use change. The request shall follow the Administrative Rules Document of the Broward County Land Use Plan to change the city and the county's land use plan.

(Ord. No. 2007-02, exh. A, § 19, 2-21-2007; Ord. No. 2007-13, § 4, 9-5-2007)

(a)

All notices of public hearing for rezonings, amendments to this chapter, and developments of regional impact shall be in accordance with F.S. ch. 166 and other applicable law.

(b)

In addition to the requirements of state law, written notice of a public hearing for any rezoning request or development of regional impact shall be mailed via regular first class mail at least 15 days prior to the public hearing in accordance with the following:

(1)

For all rezoning petitions, notice shall be sent to all property owners within a radius of 300 feet from the perimeter of the petitioned area;

(2)

Such notices, including sign notices, shall include:

a.

The location and description of the subject property;

b.

The date, time and place of the hearing;

c.

The phone number for the city; and

d.

An explanation of the request;

(3)

Property owners and addresses for notice shall be determined in accordance with the current tax roll, unless there is actual knowledge of a subsequent property owner;

(4)

In the event the notification area includes land declared to be a condominium under F.S. ch. 718, then notice to the condominium association shall constitute notice; and

(5)

A sign shall be posted on the affected property at least 15 days, and not more than 30 days, prior to the commission meeting.

a.

The sign shall include:

1.

The type of application;

2.

The date, time and location of hearing; and

3.

The number to call for additional information.

b.

The sign shall measure at least 24 inches by 24 inches and shall be made of a weather resistant nonpaper material, set at least 24 inches above surrounding grade from the bottom of the sign board.

c.

The sign shall be posted in a location that is clearly visible from the adjacent right-of-way within ten feet of the right-of-way line.

d.

Lettering shall be in gothic style upper case with the top line measuring at least four inches in height and all other lines measuring at least three inches in height.

e.

The text shall read as follows:

(c)

Signs must be maintained in readable condition while posted and be removed within five days of the hearing where the city commission takes final action on the application.

(1)

Legal advertising. The legal notice shall be published in a newspaper of general circulation in the county in accordance with applicable state statutes.

(2)

Obtaining lists for mailed notice. All lists of property owners to whom notice must be mailed shall be based upon the most recently updated records available from the county property appraiser and be obtained from the property appraiser no more than 30 days prior to the date of mailing.

(3)

Evidence of compliance. Evidence of compliance of all advertising required for the city commission hearing must be received by the city clerk no later than 5:00 p.m. at least five days prior to the date of the city commission meeting, and shall consist of the following:

a.

A photograph of the posted sign;

b.

A copy of mailed notice sent to surrounding property owners;

c.

The list of surrounding property owners to whom mailed notice was sent;

d.

An affidavit of mailing notice to surrounding property owners on a form approved by the city administrator or designee; and

e.

Proof of advertised legal notice, where required.

(4)

Enforcement. Failure to comply with these advertising requirements will result in the hearing being rescheduled for the next available city commission meeting. All advertisements, notices and signs must be reissued with the correct meeting date shown. The failure of an applicant to satisfy the advertising requirement for the same item two consecutive times shall constitute sufficient grounds for denial of the application. A failure to remove the sign required in subsection (b)(5) of this section within the time mandated shall result in a fine to be set and amended by resolution of the city commission.

(Ord. No. 2007-02, exh. A, § 20, 2-21-2007)

(a)

Rezoning requests, land use plan amendments and developments of regional impact. The city commission shall hold a quasi-judicial public hearing (or, if required by state law, two public hearings) on any rezoning or development of regional impact. Such hearings shall conform to the quasi-judicial proceedings of the city.

(1)

Basis for consideration of request for rezoning. The city commission shall consider the following:

a.

Whether there exists an error or ambiguity which must be corrected;

b.

Whether there exist changed or changing conditions which make approval of the request appropriate;

c.

The testimony of any applicants, their agents or representatives;

d.

The recommendation of staff;

e.

The sworn and unsworn testimony of the public;

f.

Whether the request is consistent with the goals, objectives, policies and intent of the city comprehensive plan;

g.

Whether the request is consistent with the densities, intensities and general uses set forth in the city comprehensive plan and the land use element map;

h.

Whether the request will protect, conserve or preserve environmentally critical areas and natural resources;

i.

Whether the request will place an undue burden on existing infrastructure and whether capacity exists for any projected increase that may be generated; and

j.

Whether the permitted uses in a requested rezoning are compatible with existing and proposed uses in the general vicinity; except, however, nonconforming uses of neighboring lands, structures or buildings shall not be considered as support for approval of any request.

(2)

Denials and resubmission. A denial by the city commission of a requested rezoning is a denial with prejudice. If an application is denied:

a.

No application for the same district classification on any part of the same property shall be heard by the city commission for a period of 12 months from the date of denial by the city commission.

b.

No application for any kind of rezoning on any part of the same property shall be heard by the city commission for a period of six months from the date of denial by the city commission.

(b)

Chapter amendments. The city commission shall hold a public hearing on any proposed amendment to this chapter.

(1)

Any proposed amendment to this chapter shall be in the form of an ordinance.

(2)

The city commission shall consider public input and the recommendations of staff in considering any ordinance amending this chapter.

(3)

At the conclusion of the public hearing, the city commission shall:

a.

Adopt the ordinance as proposed;

b.

Adopt the ordinance in part or with amendments consistent with the advertised notice of public hearing;

c.

Defer the proposed ordinance to a future date; or

d.

Reject the proposed ordinance.

Any amendments proffered which are not consistent with the advertised notice of public hearing shall be considered as a recommendation for initiation of a new amendment, requiring compliance with all provisions of this chapter.

(c)

Applicant request for deferment to subsequent hearing responsible for costs. In the event an applicant requests to defer any matter stated hereinabove, to a subsequent public hearing on a date uncertain, the applicant must pay all related costs associated with the deferral.

(d)

Notices. All notices of public hearings by the city commission shall be in accordance with state law and this chapter.

(Ord. No. 2007-02, exh. A, § 21, 2-21-2007; Ord. No. 2007-13, § 5, 9-5-2007)

(a)

When a change of text to this chapter, relating specifically to residential densities and permitted uses, or a change of zoning district classification, is being considered by the city commission, no permit or development order shall be issued by the city for a period of time not to exceed six months after notice of public hearing before the city commission, where the issuance of such permit or development order would result in the nonconforming or unlawful use of property should such proposed change be adopted.

(b)

If final action by the city commission is not taken on the proposed change within six months from the date of such publication, the permit or development order shall be issued, if it is consistent with existing permitted land uses or zoning district requirements.

(Ord. No. 2007-02, exh. A, § 22, 2-21-2007; Ord. No. 2007-13, § 6, 9-5-2007)