Loading...
Exh 8AAGENDA ITEM 8A July 23, 2001 AGENDA ITE~!1: SUBMITTED. BY DATE: BACKROUND: sT~~ x~POR~c Michael Dunlap ..Don C. Ford July 3, 2001 Mr. Dunlap is requesting the Commission act as-the appeals board to review the decision of the Building Official to determine; what value to use when reviewing existing structures .and when the .exclusions listed in the .city code, are allowed. RECOMMENDATION: The buih3ing department has reviewed the submittals by Mr. Dunlap and determined the Duual'.County Property Appraisers Office-information is valid due to the. current sale of the property. ATTACbEvI1NTS: State Statute 161.:111~a)(6) and city ordinance Chapter 6-21(q) REVIEWED BY CITY MANAGER: -•- A END~1-ITEM NO. TopFrame AGENDA ITEM 8A July 23, 2001 q) Substantial improvement means any repairs, reconstruction, or improvement of a structure, the cost of which equals or exceeds a.cumulative total offifty (5.0) percent of a marketvalue,of.the struc[ure.either: (1) Before the repair or improvement (2) .lf .the .structure .has .been .damaged .and is heing restored, .before .The damage For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, flobr,. or other tructural part of the building commences, whether_or not that.alteration affects the external dimensions of the structure. The term does not, however, include either any project for' improvement _of a .structure to ,comply wdh .existing state .or Jocal .health, .sanitary ar safety .code specifications which are solely necessary to assure safe living conditions; or any alteration of a structure listed on the.NationaLRegister of Historic.Places,or the.State.lnventory.of.Historic Places. (r) Coastal construction control line means the landward extent of that portion of the beach~lune system .which is subject to severe fluctuation. based.upon.a. one h.undyed-yearstorm surge,sttang waves .or other.. predictable weather conditions as established by the Department of Natural Resources in accordance with Section 161_x63,. Florida Statutes. (Ord. No, 25-86-17, § 1, 2-24-86, Ord. No. 25-86-19, § 1, 12-8- http://fws.mutticode.com/CGI-BIN/om_isapi_d112SEARCHOPTIODIS=on&advs}uery=Chapter' ?!31200.1 statutes->View Statutes: Online Sunshine AGENDA ITEM 8A July 23, 2001 12) "Substantial improvement" means any repair, reconstruction, rehahilitation, or improvement of a structure when the actual cost of the improvement or repair of the structure to itr pre- damage condition equals or exceeds 50 percent of the market value of Che structure either: (a) .Before the improvement or repair is started; or (b) If the structure has been damaged and is being restored, before the damage occurred. The total cost does not include nonstructural interior finishings, including, but not limited to, finish Flooring and floor coverings, base molding, nonstructural substrates, drywall, plaster, paneling, wall covering, tapestries, window Creatments, decorative masonry, paint, interior doors, tile, cabinets, moldings and millwork, decorative metal work, vanities, electrical receptacles, electrical switches, electrical fixtures, intercoms,. communications and sound systems, security systems, HVAC grills and decorative trim, freestanding pieta) fireplaces, appliances, water closets, tubs and shower enclosures, lavatories, and water heaters, or roof coverings, except when determining whether the structure has been substantially improved as a result of a single improvement or repair. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration. of any wal{, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project far improvement of a structure to comply with existing state or local health, sanitary, or safety code speciFcadons which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. (13) When. used in ss. 161.52-161.58, the terms defined in s. 177.27 have the same meanings as provided in that section. History.--s. 36, ch. 85-55; s. 2, ch. 86-191; s. 1, ch. 91-56; s. 1, ch. 92-7; s. 33, ch. 94-356; s: 1, ch. 97-32; s. 1, ch. 98-269; s. 2, ch. 98-287; s. 1, ch. 99-211; s. 114, ch, 2000-141. INote.--Section 2, ch. 98-287, effective July 1, 2001, as amended by s. 114; ch. 2000-141, amended subsection (11} to read: (11) "State minimum building codes" means the Florida Building .Code as identified in s. 553.73. 1i61.5s Requirements for activities or construction within the coastal building zone.-- The following requirements shall apply beginning March 1, 1986, to construction within the coastal building zone and shall be minimum standards for construction in this area:. (1) STRUCTURAL REQUIREMENTS; MAJOR STRUCTURES.-- (a) Major structures shall conform to the state minimum building code in effect (n the jurisdiction. (b) Mobile homes shall conform to the Federal Mobile Home Construction and Safety Standards or the Uniform Standards Code ANSI book A-119.1, pursuant to s. 320.823, and to the requirements of paragraph (c). (c) Major structures shall be designed, constructed, and located in compliance with National Flood Insurance Program regulations as found in 44 C.F.R. Parts 59 and 60 or the local flood damage prevention ordinance, whicheveris more restrictive. (d) Major structures, except those conforming to the standards of paragraph (b), shall, at a minimum be designed and constructed in accordance with s. 1205 of the 1986 revisions to the http://www.legstate.fl:us/statutesr ndex. cfm?App_mode=Display_Statute&URL=Ch0161/c.. 6/20/2001 AGENDA ITEM 8A July 23, 200.1 RESOLUTION NO. 95- 26 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING DISCLOSURE PROCEDURES RELATED TO EX PARTE COMMUNICATIONS WITH PUBLIC OFFICIALS IN ACCORDANCE WITH NEWLX ADOPTED SECTION 286.0115, FLORIDA STATUTES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has recently revised Chapter 286, Florida Statutes, in order to allow the public to voice its opinions to local public officials, both elected and appointed,. so long as certain disclosure proceedings are followed, and WHEREAS, the State Legislature has determined that in order to remove the presumption of prejudice from ex parte communication with local appointed and elected public officials, a municipality must adopt disclosure procedures, either by ordinance or by resolu- tion, in accordance with .Section 286.0115, Florida Statutes, and WHEREAS, it is desire of the City Commission to adopt such disclosure procedures in order to allow the greatest public access possible under the law to its. elected and appointed public officials who act in quasi-judicial proceedings and, -therefore, desires to adopt an appropriate disclosure process. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic. Beach as follows: SECTION 1. The .City Commission of Atlantic Beach hereby adopts the following public disclosure process relating to elected and/or appointed public officials who hold positions on any board, council or commission charged with making recommendations and/or taking final action on .any quasi-judicial proceeding: ACCESS PERMITTED: Any person not otherwise prohibited by statute, charter provision or ordinance may discuss with any local public official (elected and/or appointed) the merits of any matter on which quasi- judicial action may be taken by any board, council or commission on which the local public official is a member, so long as the following process is observed: (1) The substance of any ex parte communication with a local public official (appointed and/or elected). which relates to quasi-judicial action pending before the official shall not be presumed prejudicial to the action if the subject of the .communication and the identity of the person, group or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter. AGENDA ITEM 8A July 23, 2001 (2) A local public. official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action and such written communication shall be made a part of the record before final action on the matter. (3) Local public officials may conduct investigations and site visits and may receive expert cpinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit or expert opinion is made a part of the record before final action on the matter. (4) Disclosure made pursuant to paragraphs (1), (2) and (3) must be made before. or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication. This section does not subject local public officials to part III of Chapter 112 for not complying with this subsection. SECTION 2. This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission this ~ day of September, 1995:. ATTEST: MA~i I2EEN 'KI2:G -jT N T. FL TCHER City Cierk Mayor, Presiding Officer Approved as to form and correctness: lfi~i~ ../"' AN C. ENSEN, ESQUIRE City orney AGENDA ITEM 8A July 23, 2001 REQUIREMENTS FOIL QUASI-JUDICIAL KEARING Quasi judicial proceeding should a. Afford procedural due process, b. Observe essential requirement of law, and c. The decision must be based on competent substantial evidence. 2. Applicant must have the opportunity to be heard and decision based upon the showing made at the hearing. Written findings of fact aze not necessary, but they may be useful if a court reviews the decision. 4. The criteria for making the decision should be clearly enumerated. While perhaps not required, it is probably preferable to sweaz in the witnesses and allow cross examination. (While quasiyudicial proceedings do not require the same quality of due process as a formal judicial hearing, formal rules of evidence do not apply and minimal due process requires fair opportunity to present evidence and cross-examine witnesses.) 6. Evidence which maybe relied on in making a decision does not necessarily have to be formally presented, so that commission can consider maps, reports, and other information, including testimony of neighbors, etc, if applicable. Decision cannot be based merely on the desires of the majority of the people who support or oppose a particulaz position. 8. Any ex pane communications with the commissioners, either by the parties or other citizens, must be disclosed by each commissioner and placed into the record, which will give rise to the presumption that no prejudice occurred. City staff cannot both advocate and give advice to the commission.