Fort Walton Beach Council agenda — 09-12-2006 ‎(workshop)‎ — reading text

that year. 2. 06. 075Agency Direction The agency is hereby directed to establish and set up the fund and to develop and promulgate rules, regulations and criteria whereby the fund may be promptly and effectively administered, including the establishment and maintenance of books and records and the adoption of procedures whereby the agency may, expeditiously and without undue delay, utilize such funds for their allocated statutory purpose. 2. 06.076 Treatment of Fund 9/ 6/ 2006 http:// library4.municode. comlmcclDoc View/ 14222/ 1/ 15/ 22 CHAPTER 2. 06. COMMUNITY REDEVELOPMENT AGENCY Page 3 of 4 All funds of the agency shall be received, held, disbursed and secured like other public funds by the appropriate fiscal officers of the city. The funds of the agency shall be maintained under a separate account, shall be used only for purposes authorized in this chapter and as authorized by general law and shall be disbursed in accordance with the rules and procedures established for disbursement for other city funds. The agency may pay the city as an operating expense a reasonable amount for the servicesrendered by the city to it at its request. 2. 06. 077 Agency Fund Responsibilities The agency shall accept full responsibility for the receipt, custody, disbursement, accountability, management and proper application of all moneys paid into the fund. Sec. 2. 06.08. Issuance Of Revenue And Development Bonds. All bond issues for the purpose of financing the undertaking of any community redevelopment project shall be subject to authorization by the council and in accordance with ~ 163. 385, F. S. Sec. 2. 06. 09. Improvement, Development of District. The community redevelopment agency shall undertake and carry out the improvement and development of the community redevelopment district. The community redevelopment plan attached to original Resolution 98- 10, adopted August 11, 1998, as Exhibit " A," is hereby incorporated in this section by reference. Such plan describes the community redevelopment area. 2. 06. 091 Agency Custody of Public Property The agency shall assume the custody of such public properties and improvements within or without the municipal district as are allocated to such agency by the council, but subject to ordinances, rules and regulations which may from time to time be promulgated by the council. 2. 06. 092Agency Acquisition of Public Property The agency shall negotiate for and acquire property according to the agency plan and request by resolution that the city exercise its municipal power of eminent domain in specific instances for the use and benefit of the agency. The agency may take over and assume control of such property on terms mutually agreed upon between the city and the agency, but the agency shall not thereafter be authorized to sell, lease or otherwise dispose of such property. Properties acquired by the agency shall be taken in thename of the city. 2. 06. 093Consistency with Comprehensive Plan No agency plan or project shall be inconsistent with the comprehensive plan of the city or any other city project, franchise or facility. In any case of conflict of jurisdiction, power or function, the city charter, ordinances, rules and regulations shall prevail over this law. 2. 06. 094Agency to Control Implementation The agency shall determine what actions are deemed suitable for implementing any redevelopment district plans, including removal, razing, repair, renovation, reconstruction, remodeling and improvement of existing structures; addition of new structures and facilities; relocation of existing structures and facilities; and changes in facilities for getting thereto and therefrom. 2. 06. 095Agency Participation The agency shall participate actively in the implementation and execution of redevelopment district plans, including establishment, acquisition, construction, ownership, financing, leasing, licensing, operation and management of publicly owned or leased facilities deemed feasible and http:// library4 .municode. comlmcc/ DocView114222/ 1/ 15/22 9/ 6/2006 CHAPTER 2. 06. COMMUNITY REDEVELOPMENT AGENCY Page 4 of 4 beneficial in effecting implementation for public purposes. 2. 06. 096Agency Cooperation The agency shall work with private investors, other governmental agencies, their agents, consultants and employees, and community groups in interest, to foster the development and redevelopment of the district. 2. 06. 097 Agency Responsibility for Costs The agency shall incur budgeted costs necessary for such investigations, studies, all specifications, plans, drawings, borings, maps and estimates of costs, and all revisions thereof as may be necessary, and thereafter prepare and adopt a comprehensive plan for the development and improvement of the municipal district. Sec. 2.06. 10. City Manager Duties. The city manager shall submit an annual budget of the community redevelopment agency to the council pursuant to the budget schedule of the city, as it may from time to time exist, or upon such special schedules for submission as the council may prescribe. The city manager may employ a director to actively supervise and administer the affairs of the established by agency and the municipal district in accordance with the policies, rules and regulations the city. The director shall report to and work under the supervision of the city manager. Sec. 2. 06. 11. Legal Counsel. The city attorney shall act as the legal counsel for the community redevelopment agency. Upon be approval by the council, the agency may employ other legal counsel from time to time as may necessary. Sec. 2.06. 12. Termination; Property and Powers. Should the community redevelopment agency cease to exist or operate, for any reason, all its property, of any kind, shall forthwith become the property of the city, subject to the outstanding for obligations of the agency, and the city shall use this property to the maximum extent then practical all of the effectuating the purposes of this chapter and shall succeed to and exercise powers agency insofar as such exercise is not in conflict with or inconsistent with the city charter or other law applicable tothe city. library4. municode. comlmc /DocView/ 14222/ 1/ 15/ 22 9/ 6/2006 http:// CHAPTER 2. 07. DRUG NUISANCE ABATEMENT BOARD Page 1 of2 CHAPTER 2. 07. DRUG NUISANCE ABATEMENT BOARD Sec. 2. 07. 01. Establishment. There is hereby created and established a drug nuisance abatement board consisting of seven 7) members. The city council shall serve as the ex officio members of the drug nuisance abatement board. The presence of four ( 4) or more members shall constitute a quorum. Members shall serve without compensation. Sec. 2. 07. 02. Powers. The board shall hear evidence relating to the existence of drug- related public nuisances on premises located in the city and after considering all evidence, the board may declare the place or premises to be a public nuisance and may enter an order immediately prohibiting: 1) The maintaining of the nuisance; 2) The operating or maintaining of the place or premises; or 3) The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance. As used in this chapter, " operator" .shall mean tenant, lessee or person having control or possession of the premisesPublic nuisance shall mean any place or premises within the city which has been used on more than two ( 2) occasions as the site of the unlawful sale or delivery of controlled substances as defined in Chapter 893, F. S. Sec. 2. 07.03. Procedures. Any employee, officer or resident of the city may file a complaint with the board regarding the existence on premises located in Fort Walton Beach of a public drug nuisance, after giving not less than three ( 3) days' written notice of such complaint to the owner and operator of the place or premises complained of at his or her last known address. 2. 07. 031 Service of Notice; Hearing The drug nuisance abatement board, through its clerk, shall schedule a hearing, and written notice of such hearing shall be sent by certified mail or hand delivered to the owner of the premises complained of at his or her last known address at least fourteen ( 14) days prior to the scheduled hearing. If an attempt to reach the owner by hand delivery or certified mail is unsuccessful, notice of the hearing may be by publication as provided in Chapter 49, F. S. 2. 07. 032Contents of notice The notice of hearing shall include: 1) A statement of the time, place and nature of the hearing; 2) A statement of the legal authority and jurisdiction under which the hearing is to be held; 3) A reference to the particular sections of the statutes and ordinances involved; http:// library4. municode.com/ mcc/Doc View/ 14222/ 1/ 15/ 23 9/ 6/ 2006 CHAPTER 2. 07. DRUG NUISANCE ABATEMENT BOARD Page 2 of2 4) A short and plain statement summarizing the incidents complained of. 2. 07. 033Conduct of Hearings The chairman of the board may call hearings of the board. Hearings may also be called by written notice signed by at least four (4) members of the board. The board, at a hearing, may set a future hearing date. The board shall convene as the demand necessitates. The board shall adopt rules for the conduct of its hearings. Minutes shall be kept of all hearings and all hearings shall be open to the public. The city shall provide clerical and administrative personnel as may be reasonably required for the properperformance of the board' s duties. The city attorney shall serve as legal counsel to represent the drug nuisance abatement board. From time to time, an attorney may be employed by the city manager to represent the city by preparing and presenting cases before the board. 2. 07. 034Presentation of Evidence All parties shall have an opportunity to present evidence and argument on all issues involved, to conduct cross- examination and submit rebuttal evidence, and to be represented by counsel. When appropriate, the