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2044 ORDINANCE NO. 2044 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 2 - ADMINISTRATION, ARTICLE XIII -HISTORIC PRESERVATION ORDINANCE BY AFZNDING THE FOLLOWING SECTIONS: SECTION 5, TERMS OF OFFICE; SECTION 7, ORGANIZATION, OFFICERS, RULES, MEETINGS; SECTION 8, ESTABLISHMENT OF HISTORIC DISTRICTS; SECTION 9, DESIGNATION OF HISTORIC LANDMARKS; SECTION 10, BUILDING OR ALTERING IN A DISTRICT; CERTIFICATE; SECTION 12, CERTIFICATE PROCEDURE; NOTICE; REASONS; APPEAL; SECTION 15, ALTERATION OF A LANDMARK OR BUILDING WITHIN A HISTORIC DISTRICT; AND SECTION 20 PENALTIES OF THE HISTORIC PRESERVATION ORDINANCE PASSED AND ADOPTED ON OCTOBER 28, 1985; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, On October 28, 1985, the City Commission of the City of Sanford, Florida, enacted a Historic Preservation Ordinance creating a Historic Preservation Board giving it certain powers and duties; and WHEREAS, it is the desire of the City Commission, of Sanford, Florida to amend certain sections of the Historic Preservation Ordinance to provide for more efficient operation of the Board; and NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: Section 4, (a) and (b) are deleted in their entirety. SECTION 2: Section 4(a) and (b) are added as follows: (a) Local historical societies or groups. (b) The Florida or National Trust for Historic Preservation. SECTION 3: Section 5(c) is deleted in its entirety. SECTION 4: Section 5(c) is added as follows: (c) If a vacancy occurs for some reason, a new appointment shall be made by City Commission for the unexpired term. SECTION 5: Section 7(f) is deleted in its entirety. SECTION 6: Section 7(f) is added as follows: (f) A member who misses more than three (3) consecutive meetings or more than four (4) meetings within a fiscal year, shall be dropped from the Board. SECTION 7: Section 8(c) is amended to read as follows: (c) Before the establishment of a subsequent historic district, the Historic Preservation Board or the Board, through the use of a Professional Consultant shall conduct studies and research and make a report on the historic significance of the exteriors of buildings, structures, features, sites, objects and surroundings in the city. The Board report shall contain recommendations concerning the area(s) to be included in the proposed historic districts. SECTION 8: Section 8(d) is amended to read as follows: (d) Copies of the report shall be transmitted for review and recommendation to the Planning and Zoning Board, City Commission and Bureau of Historic Preservation of the Department of State of the State of Florida. Not less than sixty (60) days after the transmittal, the Board shall hold a public hearing thereon after due notice, which shall include a written notice to the last known address of the owners of ~11 properties to be included in such district(s). SECTION 9: Section 9(b) is amended to read as follows: (b) In order for any property to be designated in the ordinance, it must in addition meet the criteria established for inclusion of the property in the State of Florida Master Site File. SECTION 10: Section 10(a) is amended to read as follows: (a) After the designation of an historic district, no exterior portion of any building or other structure (including walls, fences, light fixtures, steps and pavement, or other appurtenant features) nor above-ground utility structure nor any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished within such district until after an application for a certificate of appropriateness as to the proposed changes to exterior features has been submitted to and approved by the Board. SECTION 11: Section 12(d) is amended to read as follows: (d) If the Board determines that a certificate of appropriateness should not be issued, it shall place upon its records through the record of that month's meetings minutes, the reasons for such determination and shall forthwith notify the applicant of such determination, furnishing him an --2-- Ordinance No. 2044 attested copy of its reasons therefore and its recommendations, if any, as appearing in the records of the Board. SECTION 12: Section 15(a) is amended to read as follows: (a) A historic landmark designated by ordinance as herein provided may be demolished, materially altered, remodeled, or relocated only after 180 days written notice of the owner's (or person in charge) proposed action has been given to the Board. SECTION 13: Section 20(a) is amended to read as follows: (a) Any person who violates any provision of this ordinance shall be guilty of a Civil Infraction and shall be punished by a fine of not more than one thousand dollars and not less than one hundred dollars, and/or by imprisonment for not more than one year. SECTION 14: Section 20(b) is deleted in its entirety. SECTION 15: Section 20(b) is added as follows: (b) Any person who demolishes a building within a historic district or is a designated Landmark, shall be guilty of a first degree misdemeanor and shall be punishable as provided by law. SECTION 16: Section 20(c) is deleted in its entirety. SECTION 17: Section 20(c) is added as follows: (c) Any person who files with the Board any application or request for a certificate of appropriateness and who refuses to furnish, upon demand by the Board, any information relating to such application or request, or who willfully makes any false statement in such application or request, or who, upon such demand, willfully furnishes false information to the Board, shall be punished by a fine of not more than five hundred dollars and/or by imprisonment for not more than ninety (90) days. SECTION 18: Section 20(d) is added as follows: (d) for the purpose of this ordinance, each day during which there exists any violation of any provision herein shall constitute a separate violation of such provisions. SECTION 19: 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. Ordinance No. 2044 SECTION 20: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 21: That this ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this 24 th day of JULY , A.D. 1989. ATTEST: C~T-~ CLERK ~~/ City Of Sanford, Florida. CERTIFICATE I, Janet R. Donahoe, City Clerk~of the City of Sanford~ Florida, do hereb~ certify that a true and correct copy of the foregoing Ordinance No. 2044, PASSED AND AOOPTED by the City Commission of the City of Sanford, Florida, on the 24th day of July, 1989, was POSTED at the front door of the City Hall. in the City of Sanford, Florida, on the 25th day of July, 1989. In witness whereof, I have hereu/lto set my hand and the official seal ofthe City of Sanford, Florida, this 24th day of July, 1989. As~he~ity Clerk of the City of Sanford, Florida. --4-- Ordinance No. 2044