2369-81
ORDINANCE NO. 2369-81
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 133, BUILDING CODE, OF THE CODE
OF ORDINANCES, CITY OF CLEARWATER, TO DELETE
THE REQUIREMENT OF A PERFORMANCE BOND IN SIDE-
WALK WAIVER CASES AND ACCEPT CASH OR A CERTIFIED
CHECK; TO ADD A PROVISION THAT THE GRANT OF A
WAIVER DOES NOT PRECLUDE CONSTRUCTING THE
SIDEWALK THROUGH ASSESSMENT; TO CHANGE THE FEE
FOR APPEALS TO $25.00; PROVIDING FOR THE REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE SEPARABILITY OF THE
PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE
OF PROPOSED ENACTMENT; AND PROVIDING FOR THE
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the current Code of Ordinances contains a procedure
whereby a property owner may apply for a temporary waiver of the
requirement relating to constructing a sidewalk; and
WHEREAS, it is necessary to update and modernize this procedure
so that the procedure can be handled more efficiently; and
WHEREAS, the changes have been reviewed by the Resource
Development Committee and recommended for adoption;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That subparagraphs (d) and (e) of Section 133.09, Sidewalk
requirement for all new construction and major alterations or additions,
of Chapter 133, Building Code, of the Code of Ordinances, City of Clearwater,
be and the same is hereby amended to read as follows:
(d) Schedule of completion. Sidewalk construction shall
be required to be completed at the property owner's
expense before the building department will issue a
certificate of occupancy for the building or structure
on said property. However, the certificate of occupancy
r may be issued if the sidewalk construction is fully
guaranteed by the execution and delivery to the city
building department of a-p&244Kmanee-bo-n4 -or- cash
or certified check-in-lieu-th-&P"f covering the con-
struction or the cost of construction. The city
building department shall place such per€armanoe
bend-o-r 6 cash or certified check. ?;; ??et* 4he reef In
escrow with the office of the city' finance director, and
shall notify the city clerk in writing of the action taken.
SEE ORDINANCE
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ORD:, 2369-81 MAY 215 1981'
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(e) Temporary waiver of requirement by the city manager.
Upori'appeal by an affected property owner, the city
manager shall have power to grant a temporary waiver
of the installation requirement Imposed by this section;
(1) Where, following a hearing and inspection of the property,
the city manager has determined that natural topographical
conditions, existing ditches, tree location, inadequate
right-of-way, or other similar physical conditions peculiar
to the premises, exist, such as would prevent construction
of the sidewalk; or where the property owner can demonstrate
that he would have the only sidewalk within two hundred (200)
feet of his property, that such sidewalk would not form a
part of a route leading to a school, or public park, and that
the absence of a sidewalk would not create a pedestrian
hazard by reason of the proximity of the property to motor
vehicle traffic.
(2) Following the hearing and inspection of the property
provided for herein, the city manager shall cause written
findings with respect to whether or not the installation
requirement should be waived to be served upon the affected
property owner by mailing a copy of such finding by certified
mail to the address provided by the property owner.
(3) The affected property owner may within ten (10) days following
receipt of the findings provided for herein, where the temporary
waiver has been denied, make demand in writing for an appeal
to the city commission. This appeal will be limited to the
question relating to whether or not any of the conditions
described in subsection (e) (1) exist such as would prevent
installation of the sidewalk. .
(4) Temporary waiver of requirement by the city commission.
Upon appeal by the property owner to the city commission
of the city manager's decision not to grant a temporary
waiver, the city commission, after determining that
conditions exist in conformance with subsection (e) (1)
may grant a temporary waiver with an affirmative vote of
four (4) commissioners.
Any person granted a temporary waiver in the manner
provided herein shall have returned to him any cask money
deposited pursuant to subsection (d). os wher-e such person
has
ro?xi?ed-a -ge?x?forwna a -frond. ?uNC swan#.#,a-s ub s e ai- (d} ,
then s;scl?bcad-sha?,I.-ba. camcoiled..
Aay-PQraon-gawwhtez-a. OMPapasy-wai e.g.04WIin?ck3Ltiot?be
. ? aqui?ned #o -e,?ceixste- a -terxip o ?a ry-?rw irv?r. s.g??xa nti j- ?tdri?
agySGRIerit-skalll--a atxawtha-veasanable #kvm)-payW&40r4ng wbirah?
the. wa rex..i '#a-?e 4599eot4ve-wb&-siui1, ja% de wr-tha ?xtupe
i??etc+'llatioaEhe .s#dowalk.
(5) The grant_of the temporary waiver provided for in this section
shall not be construed or applied to deprive the City of
Clearwater of the right-to construct such sidewalk pursuant
to an assessment procedure.
ORD. 2369-81 -2- MAY 21, 1981
?j. S.
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Section 2. That Section 133. 10, Filing fees for appeals, of Chapter
133, Building Code, of the Code of Ordinances, City of Clearwater, be and
the same is hereby amended to read as follows:
Section 133. 10. Filing fe _•s for appeals.
Any application for an appeal to the city manager of city
commission as provided for in this chapter shall be filed
with the city clerk, and a filing fee in the following amounts
shall be paid to defray the costs of processing and-conducting
the hearings involved:
(I)Appeals to the city manager $1400 25.00
(2)Appeals to the city commission 12VOO 25.00
Section 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 4. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 5. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166. 041, Florida Statutes.
Section 6. The provisions of this ordinance shall take effect
irmmediately upon its passage.
PASSED ON FIRST READING May 7. 1981
PASSED ON SECOND AND FINAL
READING AND ADOPTED May 21. 1981
ayor- Commi sio er