Fort Walton Beach Council agenda — 10-09-2007 workshop agenda — reading text

encroachment of structures into existing rightso- f- way. 10. 91. 02 Permit Required Except as provided in this section, no person shall construct or maintain any structure or facility including utilities) or make any other use of a public road or future road righto- f- way unless and until a permit has been issued by the public works director pursuant to the city council approving and authorizing such construction, maintenance or use. All applications for the use of public right- of-way must describe the space to be used and the length of time of such use. Permits may be granted for a period of time not exceeding six months, but may be renewed from time to time for periods not to exceed six months, if the encroachment does not unreasonably restrict the public use of the right-of- way and the encroachment is necessary to accomplish the objective for which it is requested in a reasonable manner. 10. 91. 03 Minimum Right-of- Way Requirements No person shall willfully obstruct any portion of the righto- f- way for a new roadway identified in the future traffic circulation map series established in the traffic circulation element of the comprehensive plan. No person shall construct any structure or facility ( including utilities) or make any other use of the right-of- way for a new roadway identified in the future traffic circulation map series unless and until a permit has been issued by the public works director pursuant to the city council authorizing and approving such construction, maintenance or use as described in this section. The following minimum righto- f- way widths for new roadways identified in the traffic circulation element of the comprehensive plan are established as follows: 10. 91. 04 Presumptions Any person who obstructs a public road or future road right-of- way shall be presumed to have done so willfully if the obstruction is allowed to remain on the right-of- way for a period of 24 hours after the person has been notified to remove the obstruction by the city councilor its authorized representative. 10. 91. 05 Roadside Stands Prohibited It shall be unlawful for any person or persons to operate or cause to be operated any roadside stand within or on any portion of the righto- f- way of any public road. 10. 91. 06 Exceptions The following shall be exceptions from the requirements of this section: 1) Improvement of a public road by a property owner of such public road adjacent to his or her property with landscaping, shrubbery or grass which is not inconsistent with the use of the public road for road purposes; 2) The parking of motor vehicles on that portion of the public road not used as traffic lanes if not otherwise prohibited; 3) Use of the public road for road and traffic purposes other than such purposes involving vehicles of such weight or of such characteristics (for example, metal tires or treads) as may, in the opinion of the city engineer, damage the road surface; 4) The replacement or maintenance of existing utility facilities, such as telephone poles. Violation Test RIGHT-OF- WAY PROTECTION SECTION 10-91. 02 PERMIT REQUIRED. STORAGE OF VEHICLES ON THE CITY RIGHT-OF- WA Y WITHOUT A PERMIT. PLEASE OBTAIN PERMIT OR REMOVE ALL VEHICLES. Violation Corrective Action Obtain permit and/ or conform to Section 10- 91. 02. 11,' (' f, j J ',' : e; ,/, j /,,;!.; r'; . ,// ' 1/., /". f. 1/  Complaints. Any citizen who has knowledge of a violation of any other City ordinance may file a notarized Affidavit of Complaint using the form provided by the Community Development Service The affidavit can be mailed, faxed,or hand delivered, and shall be filed with the City department having administrative jurisdiction over the alleged violation a. Complaints from citizens or a legitimate business shall be investigated upon notice in a form that includes legible name, signature, address or any other means where the complainant is identifiable. This is in lieu of the required notarized affidavit. b. Investigations should be as a result of an identifiable complainant as prescribed above. Aesthetics alone shall not be a case where city officials shall act/enforce upon private property without a complaint. The City shall enforce violations in cases where health and safety are issues. The City will, upon request, provide the respondent with a copy of the alleged Affidavit of Complaint. c. Plaintiffs shall be entitled, if cited, to a hearing in front of the Code Enforcement Board for the purpose of receiving relief from enforcement in cases where a hardship or special condition exist as determined by the Board. A fee ( to be determined by the Code Enforcement Board) to cover cost of this action should be charged for such a hearing. No fees shall be assessed if the case is dismissed. Advisory Legal Opinion - Code enforcement, search of private property Page 1 of 4 Florida Attorney General Advisory Legal Opinion Number: AGO 2002- 27 Date: April 4, 2002 Subject: Code enforcement,search of private property Mr. Mark F. Carpanini Polk County Attorney Drawer AT01 Post Office Box 9005 Bartow, Florida 33831- 9005 RE: LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS- COUNTIES- ORDINANCES-- INSPECTIONS- MARRANTS- authority of code enforcement officers to search private property. U. S. Const. amend. XVi Fla. Const. Art. 12, s. 12i Ch. 162, Fla. Stat. Dear Mr. Carpanini: You have asked for my opinion on substantially the following question: Is local government code inspector authorized by law to enter onto a private premises to conduct inspections or assure compliance with local technical codes without the consent of the owner or occupant, or having first procured a warrant? In sum: A local government code inspector is not authorized to enter onto any private, commercial or residential property to assure compliance with or to enforce the various technical codes or to conduct any administrative inspections or searches without the consent of the owner or the operator or occupant premises, or without of such a duly issued search or administrative inspection warrant. Part I of Chapter 162, Florida Statutes, was adopted to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equi table, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist."[ 1] 10/ 9/ 2007 http:// myfloridalegal. com/ago. nsf/printview/ 830A 1 05DC73A 1 04D85256B91 0071 CDD4  CITY COUNCIL WORKSHOP October 9, 2007 Workshop Agenda Review of Fee Schedule Revisions for the Community Development Services Department CDS Director) WA- 3 Agenda Item Number:  CITY OF FORT WALTON BEACH CO~ TYDEVELOPMENTSERVICESDEPARTMENT ZONING & BUILDJNG DIVISION MEMORANDUM Date: Thursday, October 04, 2007 To: Joyce Shanahan, City Manager Via: Missy McKim, Director CDS From: Malcolm H. Foley, AICP, Supervisor Zoning & Building Division SUBJECT: Fee Schedule Revisions- 2007/ 2008 and Changes to Building Permit Process Fee Schedule Revisions- 2007/ 2008 Please find the attached " Comprehensive Fee Schedule - 2007108" which outlines the fee increases for building permits and administrative costs administered by the CDS Department ( adopted on September 5, 2007). New fees are underlined, previous fees are stricken through. A table is also included comparing current charges imposed for similar charges by other local governments and a report listing statistics for permit types and fees collected dating from October 1, 2006 to September 15, 2007 ( Table 3). Also note the Building Division has shown a $247, 513 surplus since October 1, 2003 to September 30, 2006 ( see Table 1). New fees have been created to cover the cost of the Building Division' s expenses as follows: 1. Processing fee. A 'processing fee' of$20. 00, in addition to the permit base fee of$36. 00 has been introduced to cover the cost to process the permit. In order to mitigate slow construction periods, these processing fees help cover the cost of operating a building division without relying on the cost of the permit, itself. Since the construction industry is a volatile trade with peaks and valleys in construction activity, a processing fee is better suited to cover costs. For that reason the fee schedule has been amended to include a $ 20 processing fee for all permits including the trade disciplines for mechanical, electrical, plumbing and gas. 2. Re- inspection fee. The re- inspection fees have been increased from $ 10. 00 to $ 35. 00 for the 1st and 2nd re- inspections. The 3rd re- inspection will cost $ 105, to provide incentive for the work to be corrected appropriately and to eliminate premature calls for inspections of incomplete work. 3. Certificate of occupancy and completion inspection fee. Inspection fees for a certificate of occupancy or a certificate of Completion have been increased to 35. 00 from $ 15. 00 to cover the city' s cost to provide the inspection service. 4. Revision fee. Revisions to an approved permit have b~ n charged an administrative fee to handle the processing involved by Building Division staff. Revisions to submitted permits have become numerous and in some instances cumbersome. The new revision fees are $ 25. 00 for single family, $ 50. 00 for Page 1 of4  multi- family and $ 75. 00 for commercial permit applications. 5. Threshold building application fee. Plans for buildings in excess ofthree (3) stories are required to be sent to the International Code Council in Birmingham, Alabama for review and approval prior to the issuance of the permit. Building Division staff must co- ordinate and manage this process. A new fee of $200 .00 has been established to cover the