When the Building Official has reason to believe that the provisions of this code are being violated, he or she shall initiate enforcement proceedings. No member of the Code Enforcement Board may initiate enforcement proceedings.

(A)

The Building Official shall notify the alleged violator of the nature of the violation(s) and provide a reasonable period of time to eliminate same. If the violation(s) is/are not eliminated within the time specified, the Building Official shall notify the Code Enforcement Board and request a hearing. If a violation presents a serious threat to the public health, safety, welfare, the Building Official shall immediately take the case before the Code Enforcement Board, even if the violator has not been notified.

(B)

Written notice of the request for hearing 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.

(C)

After a case is set for hearing, the City Attorney shall issue subpoenas as requested by the Building Official and alleged violator. Subpoenas may be served by the Sheriff's Department of Pasco County or City of Zephyrhills Police Department. The city shall pay all costs of issuing and serving up to and including four subpoenas requested by an alleged violator. Should a charged party request more than four subpoenas, that party shall pay all costs incurred in issuing and serving those in excess of four.

(D)

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 or she wishes to contest the charges;

(3)

The city shall present its case and alleged violator shall present his/her case. The city's case shall be presented by the City Attorney. 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 Board 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 Board shall immediately deliberate and make a decision in open session. If a decision cannot be reached in the initial meeting, the Board may adjourn and reconsider the matter as soon as possible at a time and date certain;

(10)

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

(11)

The decision shall be announced as an oral order of the Board and shall be reduced to writing within ten working days and mailed to all parties; and

(12)

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

(E)

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.

(F)

After an order has been issued by the Code Enforcement Board and a date for compliance has been set, the Building Official shall make a reinspection to determine compliance or noncompliance with the order.

(G)

The Building Official 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.

(H)

If the Building Official files an affidavit of compliance, the Secretary of the Code Enforcement Board shall close the file and so report to the Board.

(I)

If the Building Official files an affidavit of noncompliance with the Secretary to the Code Enforcement Board, the Board may order the violator to pay the fine as specified in the Board's order.

(J)

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.

(K)

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 public records of Pasco County; which shall thereafter constitute a lien against the land on which the violation(s) exists or if the violator does not own the land, upon any other real or personal property owned by the violator and may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against personal property. If the fine remains unpaid for a period of one year following the date the lien was filed, the Board may authorize the City Attorney to foreclose on the lien.

(L)

In addition to the penalties prescribed above, the Code Enforcement Board shall:

(1)

Direct the Director of Development and Building Official not to issue subsequent development orders for the development until the violation has been corrected; and

(2)

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

For those nonconforming structures or uses which are found to have exceptional value to the community, the Site Plan Review Committee (SPRC) may grant a waiver of the limitations to alteration or expansion of the use. The structures or uses may include, but are not limited to, churches and historic structures. An application for a waiver shall be filed with the Director of Development. Before granting such a waiver, the SPRC shall find that all of the following conditions are met:

(A)

Zephyrhills Historical Preservation Advisory Board has found the use is an historic or cultural asset to the community;

(B)

The proposed alteration, reconstruction or expansion will result in a substantial improvement in the appearance and structural integrity of the premises;

(C)

The proposed alteration will not increase the external impacts of the use on traffic conditions or public utilities (including wastewater and potable water systems) beyond the adopted level of service;

(D)

The proposed alteration will not significantly increase external impacts on the natural environment; and

(E)

The proposed alteration will not negate the historic/archaeologic integrity of the building or site.

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

(A)

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

(B)

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

(A)

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

(B)

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

(1)

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

(2)

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

(C)

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

(D)

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

(E)

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

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

(A)

Where a lot which was a lot of record July 28, 1986 or at the time of change of zoning on the lot, has an area less than the required minimum area or has a width or length less than the required minimum for the district in which it is located, the lot may be used for any use permitted in the district in which it is located, subject to other applicable regulations, with modifications in required setbacks as approved by the Board of Adjustment. In no case shall the distance between structures on the lot in question and structures on adjacent properties be less than that required by the Fire Code for the type of construction represented. In any district in which a single-family home is permitted, a single-family unit may be erected, expanded, altered or replaced on any individual single parcel or lot, the legal or equitable title of which has been legally conveyed prior to the effective date of this code, notwithstanding limitations imposed by other provisions of this code.

(B)

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

(C)

For properties located within the boundaries of North Avenue, C Avenue, 1st Street and 20th Street, in single ownership at the time of application, the property must:

(1)

Be a minimum lot area of 6,000 square feet;

(2)

Lot width must be a minimum of 50 feet;

(3)

Existing platted lot depths shall not be altered;

(4)

Current zoning setbacks would be continued; and

(5)

Any required utility relocations would be the sole responsibility of the property owner.

(Ord. 964-07, passed 12-11-2006)

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

(A)

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

(B)

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

(C)

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

(1)

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

(2)

When it has been replaced by a conforming use; or

(3)

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

(D)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(E)

Restoration.

(1)

Commercial property.

(a)

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

(b)

A lawful nonconforming commercial building destroyed to the extent of less than 51 percent by fire, explosion or other casualty loss or legally condemned, may be reconstructed and used for the same nonconforming use, provided that the reconstructed building shall not exceed in height, area or volume as the building destroyed or condemned; and the building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.

(2)

Residential property. A single-family residential building destroyed by a force majeure may be rebuilt, provided that the reconstructed single-family residence does not exceed in height, area or volume as the single-family residence, which was destroyed.

(F)

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

(G)

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

(H)

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

(I)

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

(J)

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

(1)

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

(2)

The alterations do not result in the expansion of the exterior dimension on the nonconforming building except in accordance with division (D) of this section; and/or

(3)

The work does not exceed 50 percent of the fair market value of the building or structure as determined by the Building Official or his or her designee.

(Ord. 974-07, passed 4-9-2007)

(A)

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

(B)

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

(C)

The following requirement shall be met for substantially damaged buildings:

(1)

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

(2)

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

(A)

Nothing shall be allowable on premises in any zone established which would in any way be offensive or obnoxious by reason of the emission of odors, liquids, gases, dust, smoke, vibration or noise.

(B)

Nor shall anything be placed, constructed/or maintained that would in any way constitute an eyesore or nuisance to adjacent property owners, residents or the community at large.

The Board of Adjustment has been established which may grant a variance from the strict application of any provision of this code if the following procedures are followed and findings made:

Any person desiring to undertake a development activity not in conformance with the standards and requirements of this code may apply for a variance in conjunction with the application for development approval. Land uses which do not comply with this code and the Comprehensive Plan shall not be eligible for a variance. A development approval that might otherwise be approved by the SPRC shall be approved by the Board of Adjustment if a variance is sought and granted. The variance shall be granted or denied in conjunction with an application for a development permit or development order.

The Board of Adjustment 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 Board of Adjustment shall make the following required findings based on the granting of the variance for that site alone. If, however, the condition is common to numerous sites so that requests for similar variances are likely to be received, the Planning Commission shall make the required findings based on the cumulative effect of granting the variance to all who may apply.

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

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(F)

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

(G)

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

In granting a development approval involving a variance, the Board of Adjustment 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.

(A)

In addition to the findings required in Section 3322 above, the Board of Adjustment shall find that the requested variance will not result in additional threats to public safety, additional public expense, the creation of nuisances, fraud or victimization of the public or conflicts with other local ordinances. Before granting a variance, the Board of Adjustment shall consider:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(B)

Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this code.

(C)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Variances shall only be issued upon:

(1)

A showing of good and sufficient cause;

(2)

A determination that failure to grant the variance would result in exceptional hardship; and

(3)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extra-ordinary public expense, create nuisance, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(D)

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

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

(A)

Any request to deviate from any requirements of this section not previously waived by the City Council shall required variance approval from the Board of Adjustment. Variance requests shall not be subject to variance criteria as set forth in the city's Land Development Code. In order to qualify for a variance, notice provisions set forth in the Land Development code will be followed.

(B)

Applicant must clearly demonstrate one of the following:

(1)

The requirements of this part mandate a location of the tower, antenna or associated facilities such that reception is severely restricted or impaired; or

(2)

The requirements of the part may be satisfied in another manner as demonstrated through written technical justification including pertinent support data.

(C)

Waiver on new applications for towers, the City Council may waive setbacks, separation distances or height requirements, if technologically necessary, simultaneous with conditional use approval or as a separate application if use is permitted.

(D)

Bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to meet the separation or setback requirements specified in this section. The type, height and location of the structure, however, shall be the same type, height and similar dimensions and intensity as the original structure. Building permits to rebuild the structure or antenna shall comply with the current Building Code and shall be obtained within 180 days from the date the structure or antenna is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned.

(A)

Any person adversely affected by the provisions of section 7.09.11 may apply to the Board of Adjustment for a variance. In order for an adversely affected party to establish that it is subject to the variance provisions, that party shall prove by substantial and competent evidence that:

(1)

Compliance with the ordinance creates a hardship;

(2)

The hardship is not the result of actions by the party adversely affected; and

(3)

Compliance on any permitted location on applicant's lot would preclude the reception or a substantial portion of the intended satellite reception for North America.

(B)

Any variance granted herein shall be after a public hearing, with notice to abutting property owners. City Council shall establish a fee for any applicant who requests a variance from the above regulations. The fee shall be paid to the city, as a prerequisite to the consideration of any variance request.

(A)

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

(1)

Performance bond;

(2)

Escrow agreements; or

(3)

Any substantially similar document or assurance technique acceptable to the city.

(B)

The guarantee agreed to by City Council and the developer shall recite in substance:

(1)

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

(2)

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

(3)

That the document inures to the benefit of the city;

(4)

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

(5)

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

(C)

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

(D)

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

(E)

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

(F)

The required document shall remain in full force and effect until:

(1)

The improvements have been completed in accordance with standards set forth in this code and with approved plans and specifications;

(2)

A certificate of completion has been issued by the city; and

(3)

The bond has been released by City Council.

(A)

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

(B)

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

(1)

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

(2)

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

(C)

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

(D)

In all cases involving laboratory tests, reports shall be submitted to the Building Official. The tests shall be made by an approved testing laboratory and certified by an engineer registered in the state, at the expense of the developer.

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(A)

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

(B)

The developer originally responsible for installing the improvements shall concurrently with submission of a certificate of completion provide one of the following documents for the purpose of guaranteeing the workmanship and materials of improvements for the one year trial period.

(1)

Maintenance bond;

(2)

Escrow agreement;

(3)

Cash bond; or

(4)

Any substantially similar document or assurance technique.

(C)

The document chosen shall recite, in substance:

(1)

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

(2)

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

(3)

That the document inures to the benefit of the city;

(4)

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

(5)

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

(D)

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

(E)

The amount which shall be made available to the city under terms of the document shall be an amount equal to 15 percent of the cost of installing the improvements. However, if a developer has a history of having had claims made against posted assurance documents for noncompliance or a history of noncompliance with design standards, the city may require assurance documents in amounts up to an additional ten percent of the cost of installing the improvement.

(F)

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

(G)

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

(A)

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

(B)

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

(C)

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

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

(A)

The City Council may grant a variance from the terms of this code when the variance will not be contrary to the public interest; where, owing to special conditions, a literal enforcement of provisions would result in unnecessary hardship; or where III improved or alternative technology would meet or exceed the development and construction standards set herein.

(B)

The variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, the variance shall not be granted unless and until:

(1)

A written application for a variance is submitted demonstrating compliance with divisions (a) through (d) or with division (e) following:

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(2)

Council finds that the requirements of this section have been met based upon the review and findings of the Site Plan Review Committee and information presented at the hearing;

(3)

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

(4)

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

(C)

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

(D)

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

(A)

Decisions made by the Administrator which adversely affect the interests of a person may be appealed to the City Council by a person aggrieved by such a decision.

(B)

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

(C)

Upon written notice of an appeal stating the reasons therefor, the appeal shall be scheduled before City Council at a public hearing.

(D)

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

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

(A)

A City Inspector may inspect all construction and all materials and may inspect preparation, fabrication or manufacture of supplies.

(B)

The City Inspector is not authorized to revoke, alter or waive any requirements of the specification imposed by this article, but he or she is authorized to call to the attention of the subdivider any failure to work or materials to conform to the plans or specifications. The City Inspector shall have the authority to reject materials or suspend the work until any questions of issue can be referred to and decided by the city.

(C)

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

(D)

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

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

(A)

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

(B)

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

(C)

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

(1)

Correcting the conditions;

(2)

Repairing damage to or replacing destroyed public property;

(3)

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

(4)

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

(D)

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