Ordinance 13-10 – Approved

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[ Code of Ordinances ]
Ordinance 13-10 – Approved

ORDINANCE NO. 13-10

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA AMENDING SECTION 11-9 RELATING TO QUASI-JUDICIAL HEARINGS; MAKING FINDINGS; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, new requirements are imposed on the Town by outside sources; and

WHEREAS, specific references to regulations change over time; and

WHEREAS, customers need to be assured of having the opportunity to appeal local government determinations;

NOW, THEREFORE, be it ordained by the Town Council of the Town of Indialantic, Brevard County, Florida:

SECTION 1. That Sec. 11-9 of the code of ordinances of Indialantic, Florida is hereby amended to read as follows:

Sec. 11-9. Procedures for quasi-judicial hearings; Ex parte communications; Site visits; Receipt of expert opinion; and Review of mail and other correspondence.
(F) Variances considered by the board of adjustment:

1. Pursuant to section 17-141 et seq., Indialantic Town Code (zoning code);
2. Pursuant to section 6-30(c), Indialantic Town Code (Indialantic Coastal Construction Code of 1987);
3. Pursuant to section 108.4.2, Town of Indialantic Florida Building Code, as adopted pursuant to section 6-27, Indialantic Town Code;
4. Pursuant to section 108.4.2, Town of Indialantic Plumbing Code, as adopted pursuant to section 6-74, Indialantic Town Code;
5. Pursuant to section 108.4.2, Town of Indialantic Gas Code, as adopted pursuant to section 6-90, Indialantic Town Code;
6. Pursuant to section 108.4.2, Town of Indialantic Florida Mechanical Code, as adopted pursuant to section 6-102, Indialantic Town Code;
7. Pursuant to section 105.3, Town of Indialantic Fire Prevention Code, as adopted pursuant to section 7-60, Indialantic Town Code;
8 3. Pursuant to section 6-140 Chapter 6.5 – Floodplain Management, Indialantic Town Code (flood damage prevention); and
9 4. Pursuant to section 105, Town of Indialantic Standard Housing Code, as adopted pursuant to section 6-200, Indialantic Town Code;

(G) Appeals heard by the board of adjustment from an:
1. Determination of the building official relating to stormwater and drainage systems in section 17-114, Indialantic Town Code, pursuant to section 17-114(10), Indialantic Town Code;
2. Order of the building official relating to chapter 6, Indialantic Town Code, pursuant to section 6-6, Indialantic Town Code;
3. Decision by the fire official or building official regarding plan review pursuant to section 6-31, Indialantic Town Code;
4. Interpretation of the building official relating to matters set forth in Article VII. flood damage prevention, in chapter 6.5, Indialantic Town Code;
5. Determination of the building official relating to the adopted Standard Building Code pursuant to section 108.4.1 of said code, as adopted pursuant to section 6-27, Indialantic Town Code;
6. Determination of the building official relating to the adopted Standard Plumbing Code pursuant to section 108.4.1 of said code, as adopted pursuant to section 6-74, Indialantic Town Code;
7. Determination of the building official relating to the adopted Standard Gas Code pursuant to section 108.4.1 of said code, as adopted pursuant to section 6-90, Indialantic Town Code;
8. Determination of the building official relating to the adopted Standard Mechanical Code pursuant to section 108.4.1 of said code, as adopted pursuant to section 6-102, Indialantic Town Code;
9. Determination of the fire official relating to the adopted Standard Fire Prevention Code pursuant to section 105.2 of said code, as adopted pursuant to section 7-60, Indialantic Town Code;
10 5. Determination of the building official relating to Article III., Chapter 11, Indialantic Town Code, as made pursuant to section 11-29, Indialantic Town Code;
11 6. Determination of the housing official relating to the adopted Standard Housing Code pursuant to section 105 of said code, as adopted pursuant to section 6-200, Indialantic Town Code; and
12 7. Determination of the housing official relating to the adopted Standard Code for the Elimination or Repair of Unsafe Buildings pursuant to chapter 4 of said code, as adopted pursuant to section 6-220, Indialantic Town Code;

(H) Appeals from planning, zoning, building or other staff officials whose decisions are subject to appeal to the town council or other town board in accordance with adopted regulations; and
SECTION 2. Severability/Interpretation Clause.
(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.
(b) In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:

(1) Words underlined are additions to existing text.
(2) Words stricken through and deletions from existing text.
(3) Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.
SECTION 3. Effective Date. This Ordinance shall become effective upon adoption of this Ordinance by the Town Council.
PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of April, 2013, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of May, 2013.
TOWN OF INDIALANTIC

__________________________
David Berkman
Mayor
ATTEST: __________________________
Laura Eaton, CMC (TOWN SEAL)
Town Clerk