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HomeMy WebLinkAbout4048 ORDINANCE 2007-4048 CITY OF SANFORD, FLORIDA AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 2 OF THE SANFORD CITY CODE/CODE OF ORDINANCES (THE CITY CODE); PROVIDING FOR ACTIONS RELATING TO THE MODIFICATION AND DELETION/REPEAL OF PROVISIONS OF SAID CHAPTER 2; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR MODIFICATION; MODIFYING THE FOLLOWING PROVISIONS OF THE CITY CODE: WITHIN CHAPTER 2 OF THE CITY CODE, SECTION 2-1, 2-32, 2-61, 2-91, 2-121 AND 122, 2-201, 2-202, 2-203, 2-245, 2-247, 2-311, 2-312, 2-314, 2-315; PROVIDING FOR REPEALERS; REPEALING THE FOLLOWING PROVISIONS OF THE CITY CODE: WITHIN CHAPTER 2 OF THE CITY CODE, SECTION 2-65, 2-66, 2-141 THROUGH 2-144 INCLUSIVE, 2-171 THROUGH 2-174 INCLUSIVE, 2-221 THROUGH 223 INCLUSIVE, 2-281 THROUGH 286 INCLUSIVE; PROVIDING FOR THE RESERVATION OF SECTIONS 2-65 AND 2-66; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, the City Commission of the City of Sanford has caused a review and analysis of the provisions of Chapter 2 of the Sanford City Code/Code of Ordinances (the "City Code") to be conducted in an effort to accurately reflect and implement an update of the legislative structure and operations of the City of Sanford; and Whereas, Chapter 2 of City Code has been reviewed by the City Manager, the City Attorney, the City Clerk and other affected members of City staff; and Whereas, based upon the review of Chapter 2 of the City Code, the City Commission desires to modify code sections by modifying, deleting, or repealing certain specific provisions of Chapter 2 of the City Code as set forth herein; and Whereas, the City Commission recognizes that the work of City Code codification and revision is an ongoing process that requires a continuing effort by the various City officials and City staff and it is the goal of the City Commission to ensure that the City Code is kept current and of maximum use and clarity for the benefit of the citizens of the City of Sanford; and Whereas, it is the intent of the City Commission to further implement the report and recommendations of the City Clerk and to continue the efforts toward appropriate City Code revisions and modification. Now, therefore, be it enacted by the people of the City of Sanford, Florida: SECTION 1. LEGISLATIVE INTENT AND FINDINGS. The above recitals set forth in the whereas clauses of this Ordinance are hereby adopted as the legislative intent and findings for the enactment of this Ordinance. The City Commission of the City of Sanford hereby finds and determines that the provisions of this Ordinance advance a legitimate public purpose and promote and protect the public health, safety, morals and welfare of the public. The elimination of the provisions as identified in Chapter 2 of the City Code does not necessarily reflect the policy views of the City Commission as to any particular issue, but relates solely to the necessity of the provision being a part of Chapter 2 of the City Code in the respective form. SECTION 2. MODIFICATION The following sections (all provisions are referred to as "sections" with references being made to sub sectional numbers, etc.) of the City Code are hereby modified within Chapter 2 ofthe City Code, 2-1,2-32,2-61,2-91,2-121 and 122, 2-201,2-202,2-203,2- 245,2-247,2-311,2-312,2-314,2-315. SECTION 3. REPEALERS. The following sections (all provisions are referred to as "sections" with references being made to sub sectional numbers, etc.) of the City Code are hereby repealed and deleted within Chapter 2 of the City Code, 2-65, 2-66, 2-141 through 2-144 inclusive, 2-171 through 2-174 inclusive, 2-221 through 223 inclusive, 2-281 through 286 inclusive. SECTION 4. RESERVATION. The following sections (all provisions are referred to as "sections" with references being made to sub sectional numbers, etc.) of the City Code are hereby reserved within Chapter 2 of the City Code, 2-65 and 2-66. SECTION 5. SEVERABILITY. If any section or portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this Ordinance. SECTION 6. CONFLICTS. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. CODIFICATION. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall be implemented by means of revising the provisions of the City Code to reflect the actions taken in this Ordinance, but the text of this Ordinance shall not be codified. SECTION 8. EFFECTIVE DATE. That this Ordinance shall become effective immediately upon passage and adoption. Passed and Adopted this 23rd day of April, 2007. Ordinance No. 2007-4048 Page 2 of 3 ATTEST: CITY COMMISSION OF THE CITY OF SANFORD ~~ 1,- '---_--L.::... ~ Linda uhn, Mayor CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 2007-4048, passed and adopted by the City Commission of the City of Sanford, Florida, on the 23rd day of April, 2007, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 25th day of April, 2007. ca1J$f;( . J et R. Dougherty, as th City CI of the City of Sanford, Florida Ordinance No. 2007-4048 Page 3 of 3 Sec. 2-1. City logos. (a) Sanford RiverWalk Florida, Sanford Historic Waterfront Gateway and Sanford is Booming; logo design. The logos of "Sanford RiverWalk Florida," II Sanford Historic Waterfront Gateway," and "Sanford is Booming" shall be as set forth in the exhibits depicting facsimiles of the logos, which exhibits are incorporated by this reference as if fully set forth herein. (b) Use of corporate seals and logos. The "Sanford RiverWalk Florida," II Sanford Historic Waterfront Gateway, " and "Sanford is Booming" logos, including any facsimile thereof, are intended for use by authorized agents or officers of the city in conducting the official business of the city. No other person shall use the "Sanford RiverWalk Florida," II Sanford Historic Waterfront Gateway, " and "Sanford is Booming" logos for any other purpose, without the express written permission of the City Manager. 07-110, Ord 4048, CodeChanges2.1FINAL .4119/07. Page 1 Sec. 2-32. Compensation of city commission and mayor; expense money. (a) The annual compensation of the city commissioners shall be the sum of $7,500.00 per year, such sum to be payable in equal monthly installments commencing as provided in section 2.02 of the Charter. (b) In addition to the compensation as specified in subsection (a) of this section, the mayor shall receive additional compensation in the sum of $1,500.00 per year, such compensation to be payable in equal monthly installments commencing as provided in section 2.02 of the Charter. (c) In addition to the compensation specified in subsections (a) and (b) of this section, each of the commissioners and the mayor shall receive as expenses the sum of $600.00 per month. The expense money set forth in this section shall be payable in monthly installments. (Code 1973, ~ 2-2.1; Ord. No. 1168, 9-10-1973; Ord. No. 3418, ~ 1, 7- 27-1998) 07-110, Ord 4048, CodeChanges2.32 FINAL. Page 1 Sec. 2-61. City clerk. The city clerk shall be the clerk of the city commission, and shall attend all meetings of the city commission and keep a true and correct record of the proceedings thereof. The city clerk shall affix the city seal to all official papers that require the seal. 07.110, Ord 4048, CodeChanges2.61-a FINAL · 4119/07 Sec. 2-65. Reserved. (Code 1973, ~ 2-9; Ord. No. 3756, ~ 2, 11-15-2002) 07-110, Ord 4048, CodeChanges2.65 FINAL Sec. 2-66. Reserved. 07-110, Ord 4048, CodeChanges2.66 FINAL. 4/19/07 Sec. 2-91. Participation in Florida Retirement System. (a) All officers and employees hired on and after January 10, 1973 shall be compulsory members of the Florida Retirement System. (c) All general employees are eligible to participate in the Florida Retirement System as set forth in this division beginning December 1, 2000. 07-110, Ord 4048, CodeChanges2.91 FINAL -4/19/07 ARTICLE IV. BOARDS, COMMITTEES, COMMISSIONS* *Cross references; board of trustees for police officers' retirement system, ~ 66-33; board of trustees for firefighters' retirement system, ~ 66-73; planning and zoning commission, ~ 74-81 et seq.; board of adjustment, pt. III, ~ 3.3; airport authority [reference]; community redevelopment agency [reference]; housing authority [reference]; historic preservation board, pt. III, sch. S, ~ 3.0. DIVISION 1. GENERALLY Sec. 2-121 Boards, commissions & committees. (a) Permanent bodies; liaisons. Permanent boards, commissions and committees are as follows: (1) Planning and Zoning Commission. See Chapter 74 for the composition and duties of this commission. The staff liaison is the director of planning and development services, or such other person as the city manager may designate. (2) Sanford Airport Authority. See Chapter 71-924, House Bill 2390, Laws of Florida 1971 for the composition and duties of this authority. (3) Community Redevelopment Agency. See Chapter 74 for the composition and duties of this agency. The staff liaison is the director of economic development and promotions, or other such person as the city manager may designate. (4) Civil Service Board. The staff liaison is the director of human resources, or other such person as the city manager may designate. (5) Historic Preservation Board. The staff liaison is the principal planner or other such person as the city manager may designate. (6) Board of Adjustment and Appeals. The staff liaison is the Building Official, or other such person as the city manager may designate. (7) Citizens Advisory Board. The staff liaison is the chief of police, or other such person as the city manager may designate. 07.110, Ord 4048, CodeChanges2.121-b FINAL. Page 1 (8) Firefighters Retirement System Board of Trustees. The staff liaison is the director of finance, or other such person as the city manager may designate. (9) Police Officers Retirement System Board of Trustees. The staff liaison is the director of finance, or other such person as the city manager may designate. (10) Sanford Housing Authority. See Resolution 602 of May 20, 1941; Resolution 603 of May 26, 1941 and Resolution 764 of October 10, 1949, Resolutions of the City of Sanford for the composition and duties of the authority. (11) Sanford Museum Board. The staff liaison is the museum curator, or other such person as the city manager may designate. (b) Other bodies. Other committees, commissions or task forces may be created or appointed from time to time under authority of the City Commission. (c) Notices of Meetings. All boards, commissions, committees and task forces shall observe the same rules for posting notices of meetings as are observed by the City Commission. (d) Liaisons, attorney, engineer. Designated staff liaisons are authorized to provide support and assistance for each board, commission or committee, including expenditures budgeted for that purpose. Only the City Commission or City Manager may authorize the City Attorney or any outside consulting engineer to provide services for a board, committee, commission or task force. Sec. 2-122 Organizational provisions. (a) Application. This section applies to the permanent boards, commissions or committees listed in this Chapter, except to the extent otherwise specified in state statute or another ordinance. (b) Positions; Qualifications. Each member shall be appointed to a specific numbered position. Preference shall be given to applicants who reside or own/operate a business within the City. A member who ceases to be a resident, when residency is a requirement of the position, shall be deemed to have Ord 4048, CodeChanges2.121-b FINAL. Page 2 resigned and shall be replaced at any time thereafter, but shall continue to serve until a successor is appointed. (c) Terms. Each position shall have a four-year term of office with each beginning on September 1 of an odd-numbered calendar year. Each member appointed shall serve for the specific term, or the unexpired portion thereof, of the specific position to which the member is appointed. A member shall also serve after the expiration of a term of office until a successor is selected and qualified. (d) Vacancies. In the event of death, resignation, removal from office or any other vacancy, a successor shall be appointed to serve the remaining unexpired portion of the specific term of office of the vacant position. (e) Removal. The City Commission may, by majority vote, remove a member for cause upon written charges after notice and public hearing by reason of (i) failure to attend two (2) of three (3) consecutive meetings without excused absence or (ii) misfeasance, malfeasance and/or dereliction of duty. (f) Officers. The City Commission may, from time to time, designate one member as the presiding officer who shall serve until another presiding officer is so designated. (g) No compensation. Members shall receive no compensation for their services. (h) Quorum. A quorum is half the members appointed and holding non-vacant positions, but never fewer than three. (i) Term limits. No member shall serve more than three consecutive terms on the same board, commission, or committee. DIVISION 2. SANFORD MUSEUM BOARD Sec. 2-201. Creation; composition; appointment of members. There is hereby created and constituted the Sanford Museum Board Ord 4048, CodeChanges2.121-b FINAL. Page 3 that shall consist of nine persons to be appointed and confirmed by the city commission. (Code 1973, 9 2-301; Ord. No. 1873,9 1, 7-13-1987; Ord. No. 1906,99 1,2,11-9-1987; Ord. No. 3187, 91,12-27-1993) Sec. 2-202. Term of members; organization; officers; meetings. The members of the Sanford Museum Board shall be appointed to staggered, four year terms. The members of the board shall elect from among the membership a chairperson, a vice-chairperson and a secretary, whose terms of office shall be for a period of one year or until their successors are elected by the members of the board. The board shall conduct such meetings as may be necessary to properly perform its duties and functions and shall establish rules or bylaws to govern the manner in which its meetings and affairs are conducted. (Code 1973, 9 2-302; Ord. No. 1873, 9 2, 7-13-1987; Ord. No. 1906, 99 1,3,11-9-1987; Ord. No. 3187,91,12-27-1993) Sec. 2-203. Duties; expenditures. (a) The Sanford Museum Board is empowered and directed to recommend on behalf of the city ways and means of acquiring and providing for the security, safekeeping and display of antiques, books, papers, paintings and other similar possessions of the late General Henry Shelton Sanford, the founder of the city, together with any other memorabilia or artifacts of historic significance to the city and the surrounding area that in the opinion of the board would be of interest to the citizens of the city now and in the future. (b) The board shall function as an advisory board to the city commission. Its members shall receive no compensation for their services, and may spend only such sums as may be authorized and appropriated by the city commission. (Code 1973, 9 2-303; Ord. No. 1873,9 3, 7-13-1987; Ord. No. 1992, 99 1,2,12-12-1988; Ord. No. 3187,9 1,12-27-1993) Secs. 2-204--2-220. Reserved. 07-110, Ord 4048, CodeChanges2.121-b FINAL. Page 4 DIVISION 3. CIVIL SERVICE BOARD Sec. 2-245. Authority. The civil service board shall have jurisdiction to hear appeals from grievances and disciplinary actions timely filed by city employees who have appealed actions through their respective chain of command and to the highest level of their chain of command prior to an appeal being filed to the city manager. The city manager shall refer appeals filed with the city manager to the civil service board which shall, thereupon, hear such appeals and make a recommendation to the city manager on the appeal and the city manager shall consider the recommendations of the civil service board prior to making a final decision on the appeal, which decision shall be final as to all personnel actions. The civil service board shall make written findings that shall be transmitted to the city manager with its recommendation. Appeals to each level of the chain of command and the city manager must be filed with the city's human resources/personnel director, established under Part I, Section 4.02(b) of the Charter within ten days of the employee being notified of the action relative to which he or she desires to appeal. (Ord. No. 3953, 9 3, 8-22-2005) Sec. 2-246. Secretary. The civil service board shall be assigned a secretary whose duty it shall be, under the direction of the board, to keep the minutes of its proceedings, serve all notices directed by the board, maintain civil service records and files, preserve all reports and correspondence, and perform such other related duties as required by this office and directed by the civil service board. (Code 1973, 9 2-325; Ord. No. 3428, 9 1, 8-24-1998) Sec. 2-247. Subscription or contribution to any municipal political purpose forbidden. No member of the civil service shall solicit orally or by letter or receive or pay, or be in any manner concerned in soliciting, receiving, or paying any assessment, subscription, or contribution to any municipal political purpose whatsoever. (Code 1973, 9 2-346; Ord. No. 3428, 9 1, 8-24-1998) Sees. 2-248--2-280. Reserved. 07-110, Ord 4048, CodeChanges2.121-b FINAL. Page 5 DIVISION 4. CITIZENS' ADVISORY BOARD Sec. 2-311. Creation. There is hereby created a citizens' advisory board, pursuant to F.S. 9 166.042 and the residual constitutional home rule powers vested in the Ctiy. It is the legislative intent of this division to create an advisory board to the chief of police and city commission regarding law enforcement needs and resources only. Nothing contained in this division shall be interpreted to interfere with or overlap the powers and authority of any other city administrative, advisory or review board. (Code 1973, 92-471; Ord. No. 3306, 9 1, 9-16-1996) Sec. 2-312. Membership; term of members; officers; quorum. (a) The chief of police shall appoint a ten-member citizens' advisory board from a cross section of the community to serve without pay. (b) Members shall be appointed to staggered, four year terms. (c) The board shall elect a chairperson, a vice-chairperson, and a secretary and may conduct business with a quorum of six members. (Code 1973, 9 2-472; Ord. No. 3306, 9 1, 9-16-1996; Ord. No. 3494, 9 1, 6-28-1999) Sec. 2-313. Powers. The citizens' advisory board shall have only the power to: (1) Adopt rules for the conduct of its hearings and establish procedures. (2) Hear comments from the general public. (3) Present the chief of police and the city commission with suggestions and recommendations regarding city law enforcement needs and resources. (Code 1973, 92-473; Ord. No. 3306, 9 1, 9-16-1996) Sec. 2-314. Meetings. The board shall meet at least once per year as it deems appropriate. (Code 1973, 92-474; Ord. No. 3306, 9 1, 9-16-1996) 07-110, Ord 4048, CodeChanges2.121-b FINAL' Page 6 Sec. 2-315. Duties. (a) The citizens and law enforcement shall work together to improve and enhance the operation and services of the police department and the community. (b) The partnership of citizens and law enforcement shall build and maintain safe and pleasing neighborhoods. (c) The citizens' advisory board shall be involved in citizens' complaints and solutions, assisting the police department in efforts to maintain courteous public relations and building public trust with the citizens. (d) The citizens' advisory board shall speak and visit with other city boards regarding crime and community related issues. (e) The citizens' advisory board shall be apprised of the police department's crime statistics and departmental policies being revised or established. (f) All citizens' advisory board members shall be required to undergo an orientation process to familiarize themselves with all aspects of the police department's operations. The board members shall be required to become and remain familiar with department operations, policies, procedures and objectives. (Code 1973, ~ 2-475; Ord. No. 3494, ~ 2, 6-28-1999) Secs. 2-316--2-360. Reserved. 07-110, Ord 4048, CodeChanges2.121-b FINAL. Page 7