07-19-82 v a
ROBERT A. SKEELS
� �M
47TCRNEY AND COUNSELOR AT LAW c
, .. . ,_�
405 SOUTH THIRD ST
JACKSONVILLE BEACH. FL2R1 A 32251f :z
� �� �VED
July 19 , 1982 ,. -72
Mr. George Bull , President
Sevilla Development Corporation , Inc. t
1800 Selva Marina Drive `��,
Atlantic Beach , Florida 32233 \ , `- ;� ,
Re : Ordinance X90-82-74 , amending Chapter 28 of
Atlantic Beach Ordinance Code (Zoning) .
Dear George :
As you have requested , I have reviewed the above ordinance
and the procedure employed leading to its proposed adoption at the
upcoming July 26 , 1982 meeting of the City COuLTTIISSion of the City of
Atlantic Beach , Florida. I have not examined in detail the proposed
"land development code" but note in passing that there are many pro-
visions in that proposed Code that are unclear or possibly beyond the
powers of the Commission.
In my opinion , the proposed Ordinance is deficient in con-
tent in that it consists of a title , preface and an enacting clause
but fails to include the substance of the law proposed to be enacted.
Instead , the Ordinance simply deletes in its entirety existing Chapter
28 and adopts in its entirety a "Land Development Code" which is at-
tached to the Ordinance original and presumably incorporated by refer-
ence therein. Since the text of the proposed Code consists of approx-
imately 106 pages of written material and 11 pages of exhibits it is
understandable from a cost standpoint that the Commission would prefer
a short form of Ordinance incorporating the Code instead of printing
it as part of the Ordinance in its entirety. Incorporation by refer-
ence of lenghty material is appropriate if the incorporated material
consists of existing state or federal statutes or codes promulgated
by recognized independent agencies or congresses such as the various
codes adopted by the Southern Building Code Congress . Incorporation
by reference in these circumstances is appropriate since any citizen
desiring to determine what that code or law is may , by the specific
reference , be drawn to the location of that specific code or law for
examination.
The proposed "Land Development Code" which is to be put in
effect in connection with the above Ordinance has no such reference.
The bibliographical material attached to the proposed Code simply
states that it was prepared in cooperation with the Department of
Veteran and Community Affairs , State of Florida and sponsored by the
Department of Housing and Urban Development. Accordingly, no one who
examines the face of the above Ordinance can be drawn thereby directly to
the substance of the law to be enacted by that Ordinance. In this
i Mr . George Bull , President
Sevilla Development Corporation , Inc .
July 19 , 1982
Page 2
regard , it is my opinion that the Ordinance is invalid on its face.
Moreover , the notice procedures employed by the City are
not sufficient to provide the citizen with knowledge of the content
of the proposed Ordinance. The Ordinance is posted at City Hall but
the proposed "Land Development Code" is not posted despite the refer-
ence to it being attached to the Ordinance as Exhibit "A" . Instead ,
there is attached to the proposed Ordinance a "Schedule Of District
Regulations" which is a summary of the proposed "Land Development
Code" only. In order to examine the "Land Development Code" a citi-
zen must go to City Hall , locate the clerk and obtain from the clerk
the City' s working copy of the proposed Code for examination at the
City Hall. Copies of the proposed Code may or may not be obtained
from the City at the discretion of appropriate City officials .
/ Finally , in order to avoid the deficiencies enumerated
above, it is my opinion that the proposed Ordinance must in full re-
cite the proposed Code together with the title , preface and enacting
clause and the entire Ordinance including all of the above matter
must be appropriately read one or more times in accordance with the
City Charter provisions and state law.
Please let me know if you have any further questions on
the above matter.
$in erely vos�
\ i 1
tb �. els
RAS/ws