Fort Walton Beach Council agenda — 10-25-05 workshop — reading text

of a Police 471 Officer or other designated city emplovee. 472 d) Failure to mesent an alarm permit will be mima facie evidence that the user is not in 473 possession of a current permit. 474 e) Alarm Permit fees shall be prorated on a auarterly bases beginning from date of purchase. 475 ft All charges shall be paid to the City within (10) ten working days after notification. unless an charges shall be 476 appeal is filed pursuant to the provisions of this ordinance. Failure to pav anv of this section 477 prima facie evidence that the users of burglarv and robberv alarms are in violation 478 and shall be subject to the provisions of section 1- 8 of the City Code of Ordinances. to applicable state law. 479 g) Fire alarm users in violation shall be subject 480 SECTION 8. ALARM APPEALS. A new section entitled Alarm Appeals, is hereby 481 adopted as follows: 482 483 Alarm Anneals 484 Police Devartment 485 The city shall appoint a Hearing Master to hear all appeals of imposed fines and the to this 486 hearing officer shall be the final authority in any grievance of all assessed fines pertaining 487 ordinance. 488 Fire Devartment 489 All appeals of imposed fines shall be mesented to the Code Enforcement Board and shall 490 be the final authority in any grievance of all assessed fines pertaining to this ordinance. 491 492 SECTION 9. PENALTY FOR VIOLATIONS. A new section entitled " Penalty for 493 Violations" is hereby adopted as follows: 494 495 Penaltv For Violations 496 497 Violations of this chapter shall be punishable as provided in Section 1- 8. Code of Ordinances. 498 499 SECTION 10. SEVERABILITY. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable. In 500 or section of this ordinance shall be declared invalid, 501 any phrase, clause, sentence, paragraph court of competent 502 unconstitutional or unenforceable by the valid judgment or decree of the shall not affect any of the 503 jurisdiction, such invalidity, unconstitutionality or unenforceability 504 remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. 505 506 SECTION 11. CONFLICTING PROVISIONS 10/ 17/ 2005 Toni L.Craig Page 11 507 In the event any ordinance or parts of ordinances are in conflict with any other provision 508 of the Code, the provisions of this Ordinance shall prevail. 509 510 SECTION 12. EFFECTIVE DATE. 511 This ordinance shall take effect immediately upon approval by council and signature of the 512 Mayor. 513 514 515 516 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT 517 WALTON BEACH~FLORIDA ON THE DA Y OF , 2005. 518 519 520 521 522 MICHAEL G. ANDERSON 523 MAYOR 524 525 526 527 ATTEST: Approved as to form and legal sufficiency. 528 529 530 531 532 533 HELEN A. SPENCER TONI L.CRAIG 534 CITY CLERK CITY ATTORNEY 535 536 t; 537 New language is underlined. 538 Deleted language is striekeB. 539 Toni L.Craig Page 12 10/ 17/ 2005  CITY COUNCIL MEETING October 25, 2005 Public Hearing Consideration of Ordinance 1668 relating to the declaration of vacancies on City Boards, Committees and Agencies First Reading) City Attorney) Council Action 1st 2nd Vote: PH - 7 Agenda Item Number:  Toni L. Craig Attorney at Law TRANSMITTAL MEMORANDUM Date: 17 May 2005/Reis ued 18 Oct 2005 To: Mayor Council City Manager City Clerk RE: Ordinance Revising Board Vacancy Declaration It,lof 2005 Update and Recodification Cit Clerk, Attorne Sections 2- 58 and 20- 64, which requires " chairperson or vice chair person of each agency, authority, board, commission or committee" to declare a vacancy as a result of absences b a board member Reason for Changes Removes discretion and diversity between Boards, and sim lifies rocedures Proposed Authorizes the City Clerk to declare vacancy on Substantive Changes boards based on member absences 244 Racetrack Rd NE Fort Walton Beach FL 32547- 1866 850) 243- 6969 Fax: ( 850) 244- 8929 Email: attycrg@ao1.com pN~ 7  ORDINANCE NO. 1668 .. x 1 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA 4 RELATING TO THE DECLARATION OF VACANCIES ON CITY 5 BOARDS, COMMITTEES, AND AGENCIES; SPECIFICALLY 6 AMENDING SECTIONS 2- 58, VACANCIES, AND 20- 64, TERMS OF 7 OFFICE, OF THE CODE OF ORDINANCES, TO PERMIT THE CITY 8 CLERK TO DECLARE A VACANCY ON ANY CITY BOARD, 9 COMMITTEE OR AGENCY; AND PROVIDING AN EFFECTIVE DATE. 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON 12 BEACH, FLORIDA, AS FOLLOWS: 13 14 SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is Section 166.021, 15 Florida Statutes ( 2004). 16 17 SECTION 2. REVISION OF SECTION 2- 58, VACANCIES. 18 Section 2- 58, Vacancies, of the Code of Ordinances is hereby amended as follows: 19 Sec. 2- 58. Vacancies 20 a) Vacancies on any agency, authority, board, commission or committee 21 shall occur when a member fails to attend three successive regular meetings or a 22 total of four meetings or five special meetings within any 12- month regular erseR or viee erSefl ef eaeh 23 period. It shall be the duty of the city clerk ehaiIf ' ) ehaiIf ' ) 24 ageRey, aHtherity, beard,eemmissieR er eemmittee to report the lack of attendance to the council. The report of the city clerk ehaiIf erSeR er viee ' ) 25 26 erSeR ef saeh ageRey, autherity, Beard, eemmissieR 0f eemmittee, with a ehaiIf ' ) 27 certificate of mailing notice to the absentee member, shall constitute evidence that 28 the vacancy has occurred and shall be authorization for the council to appoint 29 another member for the unexpired term. 30 b) If any member of the code enforcement board fails to attend two of 31 three successive meetings without cause and without prior approval of the 32 chairperson or vice- chairperson, the code enforcement board shall declare the 33 member' s office vacant, and the city council shall promptly fill such vacancy. 34 35 SECTION 3. REVISION OF SECTION 20- 64, TERMS OF OFFICE. 36 Section 20- 64, Terms of Office, of the Code of Ordinances, regarding declaration of 37 vacancies on the Municipal Planning Board is hereby amended as follows: 38 Sec. 20- 64. Terms of office. 39 a) Term. All members serving on the municipal planning board on the 40 effective date of the LDC shall complete their terms according to their prior the LDC shall 41 appointments. The term of office of each member appointed under 42 be for 48 months, which term shall commence at a time specified by the city 43 council at the time of No member of the municipal planning board appointment. 44 shall serve more than two successive four-year terms, or parts thereof consisting 45 of 24 or more months of an unexpired term. When a person is appointed to fill out i 46 the term of a departing member, that person' s term shall end at the time the 47 departing member' s term would have ended. A member must be notified, in 48 writing, of his appointment and must accept such appointment, in writing, 49 indicating his willingness to serve, within ten days after receipt of such notice, or 50 automatically forfeit such appointment. 51 b) Removal from office. 52 1) The city council shall have authority to revoke any appointment for 53 reasonable cause, including but not limited to, failure to be a resident or qualified 54 elector, conviction of a felony, or an offense involving moral turpitude while in 55 office. 56 2) A vacancy shall be deemed to occur if any member of the municipal 57 planning board fails to attend three consecutive regular board meetings, or a total 58 of four regular meetings or