Fort Walton Beach Ordinance — 2085--Amend LDC--Allow Special Magistrate — reading text

ADING " St EMI LJM 2nd WIMP. 1 ORDINANCE 2085 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT BEACH, FLORIDA, AMENDING CHAPTER 1, GENERAL WALTON PROVISIONS, OF THE LAND DEVELOPMENT CODE TO ALLOW FOR SPECIAL MAGISTRATE TO BE GIVEN THE SAME STATUS AS A CODE ENFORCEMENT BOARD; PROVIDING FOR INTERNAL CONSISTENCY WHEREIN THE STATUS OF A SPECIAL MAGISTRATE SHALL APPLY TO ALL CITY CODES AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 166 of the Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the CRA Board held a workshop on June 22, 2021, to discuss quality of life and blight issues where the option of a Special Magistrate was discussed; and WHEREAS, Chapter 162. 03 of the Florida Statutes allows municipalities to adopt alternative code enforcement systems and use Special Magistrates in addition to or in lieu of Code Enforcement Boards and provides a Special Magistrate shall have the same status as a Code Enforcement Board under Chapter 162 of the Florida Statutes; and WHEREAS, in order to provide additional flexibility and efficiency in processing code enforcement cases in the City of Fort Walton Beach, the City Council finds it necessary to amend the Land Development Code to allow a Special Magistrate to be given the same status as the Code Enforcement Board for the purposes of hearing and making decisions regarding code enforcement cases; and WHEREAS, the status of a Special Magistrate and findings contained herein shall apply to all City of Fort Walton Beach codes and ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH FLORIDA, AS FOLLOWS: Section 1. Authority and Intent A. The authority for enactment of this ordinance is contained in Chapter 162 and other provisions of the Florida Statutes and Section 2 of the City Charter. B. The Local Planning Agency held a public hearing and considered this ordinance on October 7, 2021. The City Council conducted public hearings on October 12, 2021 and October 26, 2021 after giving due public notice. Section 2. Amendment of Land Development Code Section 1. 06.05 Section 1. 06. 05 — Code Enforcement Board( CEB) is hereby amended as follows: 1. 06. 05 - Code Enforcement Board( CEB) and Special Magistrate. A. Appointments, membership, and qualifications. 1. Appointments to the CEB shall be for a term of three ( 3) years.  2. Preference shall be given to potential members with experience and expertise in the contractors or subcontractors), and following professions: zoning, architecture, building ( real estate. B. The powers, duties, responsibilities, and procedures of the CEB and/ or the Special Magistrate shall comply with the requirements set forth in Chapter 162, Florida Statutes. Part I, F. S. C. Special Magistrate. A Special Magistrate shall have the same status as a Code Enforcement Board under this Land Development Code or in any other city code where References to the term " Code Enforcement Board" shall include " Special applicable. Magistrate" if the context permits. Section 3. Conflict with other Ordinances or Codes. A Special Magistrate shall have the same status as a Code Enforcement Board within all City of Fort Walton Beach Ordinances and Codes. References to the term " Code Enforcement Board" shall include" Special Magistrate" if the context permits. All Ordinances or parts of Ordinances of the City of Fort Walton Beach, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 4. Effective Date This Ordinance shall take effect upon approval on second reading by the City Council and signature of the Mayor. tf) e 11) IN e 6 x 4 Richard A. Rynearson, Q' ayor Attest: Approved for form, 1_ fsufficienc, 77 Kim M. arnes, City Clerk a/ and Dykes,/!, City Att. .'" 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All parties yemay ard Ft Walton Beach FL 32548 nate, respect too the Me proposed Oral- ORDINANCE 2052 AN ORDINANCE OF THE CITY COUNCIL OF THE CITU OF FORT FLORIDA, STATE OF FLORIDA, COUNTY OF OKALOOSA COMPREHENSIVE PLAN TO THE CITY' S AMEND THE FUTURE LAND USE MAP FOR PROPERTY DESCRIBED AS 206BUCK DRIVE printed and The Northwest Florida Daily News, a newspaper NE, MORE PARTICULARLY PARTICULARLY and of general circulation in THE DESCRIBED INN THE BODY OFW published in the city of Fort Walton, LDR) TO MIXED- USE( MU): PROVID. Counties of Okaloosa, Santa Rosa and Walton, State of ING FOR AUTHORITY; PROVID- the ING FOR FINDINGS OF FACT: and