Fort Walton Beach Council agenda — 02-19-08 workshop agenda — reading text

The city shall have power, and it is hereby authorized: a) To acquire, own and operate in its sole capacity, or jointly with other construct, governmental agency or agencies, electric transmission and distribution lines within or beyond limits of the city; transportation lines or systems for the transportation of persons and property within and beyond the limits of the city; automobile parking areas, docks, wharves, boat basins, promenades, airports, athletic and recreational playgrounds and stadiums, golf course and related club house and facilities, radio and television station or broadcasting system, hotels, motels, or area for the parking of trailers and movable devices fitted for inhabitation -or dwelling purposes and amusement piers, and all such building, equipment and improvements as the city, council may deem necessary or desirable for use in connection therewith, either within or outside the limits of said city; and the city is hereby authorized and empowered to levy and collect taxes for acquiring, constructing or operating any of the aforesaid improvements, facilities, or things, and to acquire same by purchase, lease, eminent domain or any other lawful manner, and shall have the power in its sole capacity,.- or jointly with other governmental agency or agencies, to operate, rent, lease or sell same with the full and lawful right in the city, or its lessees, successors, or co- owners, to receive, charge, collect and assess charges, tolls; fees, dues or rents for the uses, privileges or facilities thereof and to pledge or hypothecate the revenue derived thereby,or which may be anticipated to be produced therefrom to finance the cost of constructing, acquiring or establishing any of such improvements or any part thereof, or any combination thereof. b) To condemn and order to be put in a state of sound repair any and all broken, damaged or unsafe sidewalks, curbs, streets, or other public structures, and to provide and enforce penalties for failure to do so, and after giving twenty ( 20) days' written notice to the owner of the property adjacent to and abutting such sidewalk, curb, street, or other public structures, by posting such notice in a conspicuous place about the premises, to repair or take such steps as may be set forth in such notices to eliminate the broken, damaged or unsafe condition of such sidewalks, curbs, streets, or other public structures at the expense of the said abutting and adjacent owner, and said adjacent owner falls or refuses to comply with the requirements of said notice, then at the expiration of the time set forth in sai& notice the city may thereafter cause the repairs or other work set forth in the notice to be accomplished, assessing the cost thereof against said abutting property, the city to have and hold a lien thereon therefor until the cost and expenses thus incurred are discharged by payment. B http:// Iibraryl. municode. com/default/DocView/ I 1041/ 1 / 3/ 12 1/ 2/ 2008 CHAPTER IX. ENUMERATION OF PARTICULAR POWERS Page 2 of 6 c) To prohibit the uncontrolled growth of palmetto shrubs, weeds, vines, bushes, grass, thistles or other rank or noxious vegetable growth, the placing, keeping or maintaining of encroachments or obstructions of any nature or kind upon, in or over any public street, alley, walkway or public property of every nature and description, the accumulation of stagnant water upon the surface of the ground or. within any receptacle or structure deposited or erected above or below the ground without dxercising necessary precaution to prevent the propagation of mosquitoes therein; to prohibit buildings, sidewalks, footways or structures which by act of God, fire, decay or other cause may become structurally dangerous, unsafe, dilapidated or unsanitary to remain in such dangerous, unsafe, dilapidated or unsanitary condition and to provide and enforce penalties for allowing, suffering or permitting any such prohibited act, occurrence or conditions and to condemn, suppress and order to be removed, demolished, abated or otherwise eliminated or corrected such prohibited acts, occurrences or conditions, and after giving twenty (20) days' written notice to the person, firm or corporation owning, occupying or having the care or custody of any lot or parcel of land upon or in connection with such prohibited act, occurrence or condition exists or is maintained by posting such notice in a conspicuous place about the premises, to order the same forthwith removed, suppressed or abated in such manner as the city council may in its discretion determine appropriate, and assess the cost of so doing, or such proportion thereof as shall not be borne by the city, against the owner or occupant of the premises involved to the end that such assessments shall be and remain liens upon the lands against which assessed until paid. d) To license, control, tax and regulate traffic and sales upon the streets, sidewalks, promenades, ocean beach and public places within the city and the use of space in such places and to regulate, suppress and prohibit hawkers, peddlers and beggars upon such streets, sidewalks,promenades, ocean beach and public places; and to license and cause to be registered and control, tax, regulate or to prohibit in designated streets, roads, ocean beaches, or parts thereof, carriages, omnibuses, motorbuses, automobiles, cars, wagons, drays, trucks, jitney buses and other vehicles, and to license, tax and cause to be registered and control the drivers thereof; to fix just, reasonable compensatory and adequate rates and schedules to be charged and maintained for the carriage of persons and property for hire within the city; to make and promulgate regulations for traffic on the streets, roads, ocean beaches, or parts thereof during such hours and at such times as may be necessary or convenient, and to provide for parking spaces on the streets, roads, ocean beaches or on other property of the city and to at any time discontinue the right to the use of such parking spaces and to regulate, assess, and collect charges for, vacate or discontinue, the use of same; and to require all vehicles for the carriage of persons for hire to be insured as required by ordinance for the protection of passengers, property and of the public and to make such insurance inure to the benefit of persons or property which may be injured or damaged bythe operation of such vehicles for hire; and to require such insurance to be furnished by all persons, firms or corporations owning or operating for hire vehicles upon the streets, roads, ocean beaches and public places of the City of Jacksonville Beach, whether such operation be wholly within the limits of said city or between said city and other cities or towns or places outside of the City of Jacksonville Beach, Section 52. Zoning authority. 1) The City of Jacksonville Beach may, in the interest of public health, safety, order, convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwelling or other uses of property as authorized and provided by general state law. 1/ 2/ 2008 P /libr Y l.municode.com/ default/DocView /11041/ 1/ 3112 http/ CHAPTER IX. ENUMERATION OF PARTICULAR POWERS Page 3 of 6 2) ( a) In order to further protect the public health, safety, general welfare, and aesthetics, no new building height shall exceed thirty -five (35) feet, nor shall any existing building be altered to cause it to exceed a building height of thirty -five (35) feet. b) Building height means the vertical distance from the elevation of the crown of the road of the nearest' adjacent roadway 'at the center of the front of the building to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel roofs. c) The height limitsdo not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers, cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human occupancy. d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or before the effective date of this amendment, may be completed, .repaired, or rebuilt to a height not to exceed the previously existing height, within the same building footprint, subject to any other applicable state, federal or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's vested rights under constitutional, statutory or common law. if it is determined by a court of competent jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the Land Development Code in effect on the date of the adoption of this amendment. e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes effective upon adoption. Amend. of 11 - 2 -04) Section 53. Improvements; assessment of cost against property benefited. The city council is hereby authorized and empowered to regulate, provide for and require the opening, widening, extending, laying, constructing, paving, repairing or improving of any street, avenue, alley, ramp, sidewalk, bulkhead, seawall, breakwater, promenade or public improvement, the drainage and filling of low places, public or private, dangerous to public health or required to promote public welfare and the construction and maintenance of water and sewer systems, and drains, and may provide for the payment of the cost of any such improvements by general taxation, or by the imposition