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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