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4759 Downtown Sanford Marina - City Managed and OperatedOrdinance No. 2023-4759 An ordinance of the City of Sanford, Florida relating to the Downtown Sanford Marina; providing for legislative findings and intent; providing for an array of rules and regulations; providing for enforcement and penalties; providing for implementing administrative actions; providing for a savings provision; providing for conflicts; providing for severability; providing for codification and the correction of scrivener's errors and providing for an effective date. Whereas, lying along the St. Johns River on Lake Monroe, the Downtown Sanford Marina offers a beautiful and seamless boating experience being the first marine facility in Florida to achieve Clean Marina, Clean Boatyard, and Clean Retailer designations—an accomplishment of which City is proud the Downtown Sanford Marina being home to U -Sail of Central Florida and the St. Johns Rivership Company; and Whereas, on shore, the stunning Sanford Riverwalk meanders along both sides of the marina, and Historic Downtown Sanford's shops and award-winning restaurants are only a few blocks away with the City of Sanford's central Florida location allowing easy access to the Orlando area's world-famous attractions, Daytona, and beaches; and. Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance; and Whereas, legislative coding is used in this Ordinance and the following coding may be used: underlined words shall constitute additions to the current text of the City Code, and strike +h Fe g4 shall constitute deletions to current text of the City Code. Now, Therefore, Be It Enacted By The People Of The City Of Sanford, Florida: 11 P Section 1. Legislative findings and intent. The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to this Ordinance. Section 2. City Marina. Article VI of Chapter 94 of the Code of Ordinances of the City of Sanford (City Code), is substantially revised, amended and supplemented to read as follows: ARTICLE VI. DOWNTOWN SANFORD MARINA Sec. 94-177. Legislative findings and intent. {-fa)—There are about 2,000 marinas operating in Florida today and hundreds of thousands of boaters use Florida's natural water resources every day. The Marine Industries Association of Florida states boating in Florida impacts the state as a water intensive industry that includes marinas, boatyards and boaters which generates about $10,000,000,000.00 of economic activity annually. A[s] part of the management of the Downtown Sanford Marina, the City should engage in activities such [as] a clean marina action plan, assessments of Downtown Sanford Marina environmental measures, the development and implementation of best management practices, and an annual self- assessment relative to facility operations and fiscal matters. The City should ensure that the Downtown Sanford Marina operates in a way that benefits the citizens of the City and in accordance with City -established policies, rules, regulations and guidelines that are 2(Page effectively used in the administration of the program to ensure that the Downtown Sanford Marina is managed in a competent manner in the public interest. (b). The City Commission hereby finds and determines that the insecure and improper mooring of vessels in City waters including, but not limited to the St. Johns River on Lake Monroe, increases the danger of grounding and breaking loose of the said vessels and thereby endangers navigation, life and property; that insecurely and improperly moored vessels have broken loose in the past and damaged bridges, structures, and other valuable property; that scrap and derelict vessels occupy areas which could be developed as berths for economically active and attractive vessels; that scrap and derelict vessels moored or sunk in City waters including but not limited to the St. Johns River on Lake Monroe, are unsightly, a danger to navigation, and a detriment to tourism and to property values; that the release of pollutants, the infestation of rats and the breeding of mosquitoes on derelict vessels moored upon City waters including, but not limited to the St. Johns River on Lake Monroe, constitute dangers to public health, and that derelict or sunken vessels often constitute attractive nuisances that endanger the lives and safety of children. The City hereby declares its intention that the provisions of this Ordinance are not intended and should not be construed as in any way superseding or attempting to conflict with applicable statutes, ordinances, rules or regulations of the Federal government or of the State of Florida, but are intended to supplement any such enactments or provisions. 3 _P a g e_ Sec. 94-178. Creation of Sanford Marina fund. (a). Recognizinq that the Downtown Sanford Marina serves as a steward of the environment and as family-friendlyaq teways to water based recreational and commercial activities, it is vital to the best interests of the City to provide a dedicated and sustainable source of funding for vital capital repair and improvement projects, and as a source of match funding for capitalrag nt opportunities. Accordingly, there TheFe is hereby established and created a Downtown Sanford Marina fund, which fund shall be utilized and expended only for the purposes of activities and programs associated with the Downtown Sanford Marina, such as, but not limited to, capital and other improvements and repairs, as determined by the City Commission or the City Manager, or designee, from time to time. (b). Funds deposited into the Downtown Sanford Marina fund shall initially derive from all funding sources as may be available as determined by the City Manager from time to time. (c). The City shall actively seek grants from governmental and other agencies and entities for the benefit of the Downtown Sanford Marina. Sec. 94-179. Implementing administrative actions; rules and regulations. (a). The City Manager, or designee, is hereby authorized and directed to implement the provisions of this article and to take any and all necessary administrative actions to bring into effect the provisions of this article, including, but not limited to, the actions of the City's Finance Director relating to auditing and accounting matters in accordance with sound and generally accepted, or mandated, fiscal and financial 4 1 P a g e management practices and principles. All rules and regulations shall be executed by Marina boat owners, provided a copy of such rules and regulations, and posted at the Downtown Sanford Marina and otherwise made public by publication on the -Downtown Sanford Marina website and by such other means as determined by the City Manager, or designee. (b). Further, in order to effectively manage and utilize the Downtown Sanford Marina, the City Manager shall promulgate rules and regulations that are enforceable as a violation of this article which pertain, as a minimum, to adherence to directives issued by the City, conducting all activities within the Downtown Sanford Marina in compliance with the current applicable United States Coast Guard navigation and all applicable Federal, State and County requirements, the regulation of commercial operations and business venture (by way of example, only charters, rentals, Airbnb and the like), report of accidents, insurance requirements amounts of liability are determined upon evaluation by the City risk management personnel, vessel and non -vessel storage, hours of operation, advertising and displays, signage, boat owners' and Downtown Sanford Marina users' responsibilities, maintenance requirements, environmental pollution and sanitation, animals, lost and found or abandoned property, rules of conduct, fire and safety, and fueling and fuel dock procedures. (c). When an action is subject to approval by the City Manager, or designee, that shall mean permitting by the City in accordance with its processes and procedures and the payment of an application fee and a permit fee as established by the City Manager. 51Page (d). The City Manager, or designee, shall appoint a dockmaster to manage and operate the Downtown Sanford Marina who shall manage the routine logistics and operations of the Downtown Sanford Marina and implement any management contract with the City and has responsibilities that include, but are not limited to, cleaning, fueling and storing boats as well as assisting boaters dock and undock, and enforcing marina rules to ensure safety. (e). In order for a licensee to rely upon an authorization or permit issued under the provisions of this Ordinance, the licensee must have written evidence of such authorization or permission being granted by the Ci!y. Grounding of vessel; prohibition. It is prohibited and unlawful to ground or run aground a vessel within the Downtown Sanford Marina or within any City waters meaning that it is prohibited and unlawful to rest a vessel on the bed or bottom of the Downtown Sanford Marina or City waters or on the waterway side, except as provided by the City Manager. Mooring to certain features or structures prohibited. It is prohibited and unlawful to moor a vessel to trees, shrubs, houses or other buildings on shore, or to bridges, bridge approaches, bridge fenders, or piles driven or placed for the protection of bridges or their approaches, or any navigational aid within the within the Downtown Sanford Marina or within any City waters. Adequate mooring lines required. All moored vessels shall be secured by an attachment with sufficient strength comparable to the lines required for the size and type of vessel hereinafter specified. Vessels moored to piles or vessels moored to structures which are separated from the 61,Page shoreline must be secured by at least 4 lines each having a minimum working strength of the combined total of lines required for a vessel of its size. Vessels moored or anchored in such a manner to allow the vessel to swing 360 degrees around the mooring shall only be required to have a single line to the mooringhaving the minimum working stren tcth of one-half of the combined total of lines required for a vessel of its size all as determined by the dockrmaster of the Downtown Sanford Marina. Mooring to City property, bridges, fender systems, public bank, etc. prohibited; emergency exception. (a). The mooring of vessels to City -owned or City -controlled property shall be unlawful unless authorized by the City Manager. (b). The mooring of vessels in such manner as to encroach or obstruct any established channel within the City is prohibited and unlawful. (c). It is prohibited and unlawful to moor a vessel to public bridges, bridge approaches fender systems or piles driven for the protection of bridges or their approaches or to any City owned bank or shore unless otherwise lawful under a lease or permit issued by the governmental body having jurisdiction thereof. (d). It is prohibited and unlawful to moor a vessel in the area between the bank or shore owned by the City and the bridge fendersystem. (e) This prohibition shall not be interpreted to prohibit temporary docking to any structure during an emergency. Temporary shall be a period of time not exceeding 24 hours. An emergency shall be any structural defect in the vessel, caused by either a normal breakdown or collision which would render the vessel a hazard to navigation if not immediately moored to structures or any weather condition which seriously 71 Page endangers a vessel and which would render the vessel a hazard to navigation if not moored to any of the structures or as so determined by the City Manager or designee. Public property abutting water; use restricted. It is prohibited and unlawful to use any City -owned property abutting water, except as permitted at City marinas, or as otherwise authorized by the City Manager. The use of City -owned property prohibited by this section includes, but is not limited to, use for mooring, docking, typing up vessels or dinghies, or for landing operations of vessels, and use for storage, construction, repair or maintenance purposes. The term "City -owned property abutting water" includes, but is not limited to, the ends of any streets, roads or public ways; parkland, land where public buildings are located, or anVCity land whatsoever, whether or not it is leased to others by the City, which abuts, borders or is adjacent to water. Water in bilges. (a) Not more than one foot of water shall be permitted to remain in the bilges of any vessel for a period of more than 1 week. The measurement to determine the depth of water in the bilges shall be at any point along the length of the vessel, but only at points one-half the distance from the amidship line to the outboard edge of the hull or hulls measured along the horizontal plane of the main deck. (b). It is prohibited and unlawful to discharge bilge water contaminated with oil, fuel, or other regulated contaminants onto surface waters or on upland. Operation and regulation generally. The Downtown Sanford Marina has been designed and built by the City primarily in order to afford the local and cruising vessel operators appropriate facilities and 8Page accommodations, and secondarily to provide convenient and appropriate commercial vessel facilities for the pleasure and service of both citizens of Sanford and tourists. The berthing docking, anchoring or mooring of vessels and other activities and operations at the Downtown Sanford Marina shall be in conformance with the regulations adopted by the City Manager. Berths, docks, moorings and anchorages will be assigned only by the City Manager, or designee. Downtown Sanford Marina regulations shall be premised upon the maintenance of sanitary and sightly conditions, orderliness and the preservation of the public health, safety, peace, welfare and convenience in the use of the Downtown Sanford Marina for the purposes for which established. Only vessels in good condition and under their own power (not paddle, oar or makeshift sail) will be permitted to berth, dock, moor or anchor. The owners or captains of all vessels desiring space the Downtown Sanford Marina shall be required to execute a dockage agreement, prior to provision of such accommodation, and shall be bound to abide by the rules and regulations of the Downtown Sanford Marina, as well as those set forth in this Ordinance. By entering such a dockage agreement a person or entity shall be a licensee with no rights other than a licensee subject to the provisions of this Ordinance and implementing rules and regulations. Non-compliance with any City agreement shall be cause for removal or termination of a dockage agreement and failure to conform to the rules and regulations shall constitutes sufficient cause for City termination of the dockage agreement and, when appropriate, shall subject the person or entity entering the agreement or any other party violating the provisions of this Ordinance to the enforcement and penalties of Section 1-7 of the City Code and the award of charges, fees and costs set forth herein or adopted by rule or regulation of the City Manager, or designee. If an owner or captain 91Page. _ refuses to remove a vessel after termination of a dockage agreement for cause, the City may remove the vessel from its berthing, docking, mooring or anchorage space at the owner's risk and expense and may take possession of the space, relet the same and may retain any balance or prepaid rental as liquidated damages and not as a penalty as well as seek any and all other legal remedies as determined by the City Aftorney_ Limitations on City liability. The dockage agreement is for the use of pier space only, such space to be used at the sole risk of the vessel owner and those using the vessel, and the City shall not be liable for the care or protection of any vessel, its appurtenances or contents, or for any loss or damage of any kind or nature whatsoever to the vessel, its appurtenances or contents, however caused. There is no warranty of any kind, express or implied, as to the condition of the piers, walks, gangways, ramps or mooring gear. The City is not and shall not be responsible for injuries to persons or property occurring upon City property not caused by the negligent acts of the City or its personnel as limited by the controlling provisions of law including, but not limited to, the provisions of Section 768.28, Florida Statutes. Assignment of berths by City. Berths at the Downtown Sanford Marina shall be assigned as it appears best for the interests of the City, taking into consideration the availability of berths, the size of the vessel, and the services to be rendered by the vessel. No changes in assignment shall be made except as approved by the dockmaster. 101 Page Access to piers restricted. It is prohibited and unlawful to, except in the case of emergency or except for marina employees, licensees and their bona fide quests and commercial vessel customers, to gain access to City -owned and operated piers within the City. Soliciting prohibited. It is prohibited and unlawful to solicit for any purpose upon the marinas property of the City except as may be authorized by State law or permitted by the City Manager, or designee Motorized vehicles on piers limited. It is prohibited and unlawful to ride, drive, store or otherwise permit any motorized vehicle other than a City vehicle on a City pier, except in the case of an emergencV. Swimming, diving or fishing in marina waters prohibited. It is prohibited and unlawful to swim, dive or fish in the waters of the Downtown Sanford Marina. Consumption of alcoholic beverages. It prohibited and unlawful to consume any alcoholic beverages in public on any piers or walkways of the Downtown Sanford Marina. It is not the intent of this Section to prohibit social drinking aboard authorized vessels or in the ship store by guests and licensees of the Downtown Sanford Marina or in establishments licensed by the City. Electrical power and fresh water exclusively for use of vessel occupying berth. The electrical power and fresh water provided at the Downtown Sanford Marina shall be used exclusively by and for the vessel occupying a berth as authorized by 111 Page agreement. It is prohibited and unlawful for either the licensee or any other person to use either the electrical power or fresh water for any purpose other than to supply power and water to the vessel officially assigned to that berth by agreement on record at the dockmaster's office. It is prohibited and unlawful to use water siphons except in the case of an emergency. Fresh water provided by the City shall not be used as a cooling agent for equipment on vessels. Marina shower and toilet facilities; access -generally; keys. (a). The unauthorized use of the licensee shower facilities at the Downtown Sanford Marina, to the extent available, is prohibited and unlawful and for, by way of example only, it is It is prohibited and unlawful for a person who is not either a paying licensee or a bona fide quest of a pang licensee to make use of such shower facilities. (b). Downtown Sanford Marina shower or -toilet keys may be issued for licensees and their guests only, and licensees found duplicating the keys for issuance to unauthorized persons, or otherwise providing them to unauthorized persons, shall have their dockage agreement cancelled. Shower or -toilet facilities shall not be made available to the general public unless authorized by the City. (c). Keys to pier gates and marina toilet or -shower facilities, as applicable, may be issued by the dockmaster to each qualified vessel or business on receipt of a deposit. The key deposit at shall be determined by the City Manager, or designee, and may be refunded upon return of such key or shall be retained if the key is not returned or if other sums are due to the City. Shower or -toilet facilities shall not be made available to the general public unless authorized by the City 12JPage Restriction on domestic pets. Domestic pets are permitted, provided they are kept leashed when not confined aboard, do not disturb other guests and do not create a nuisance. Licensees whose pets are not controlled in accordance with these restrictions shall remove their vessel from the Downtown Sanford Marina. Maintaining vessel appearance. (a). It is prohibited and unlawful for any person who owns, is in charge of, or is aboard any vessel located at City property to display any advertisement or exhibit any sign, or hang any washing or laundry upon any part of the vessel where it can be seen or is visible from any premises in the immediate vicinity except for a single "for sale" sign, not to exceed 1 square foot which may be displayed on a vessel. (b). It shall be the responsibility of licensees to keep their vessel in such condition that they do not become unsightly or dilapidated or reflect unfavorably on the appearance standards of the Downtown Sanford Marina. (c). Decks of vessels berthed at City docks shall be kept free and clear of debris, bottles, papers, trash or other unsightly material at all times. Orderly keeping of pier. (a). It shall be the responsibility of licensees to keep the pier areas adiacent to their vessels in an orderly, clean and safe condition. Piers shall be kept clear of all gear including, but not limited to, dinghies, skiffs or other equipment and such dear or other equipment shall not be hund from pilings. 131Page (b). It is prohibited and unlawful for any person to make any modifications or alterations to piers, slips and pilings unless expressly permitted by the City Manager, or designee. (c). Private stowage facilities shall not be used on the walkways. Bicycles may be permitted on the piers at the Downtown Sanford Marina if parked in a manner so as not to block passage on the pier. Disposal of -garbage, waste and refuse into the Downtown Sanford Marina basins. It is prohibited and unlawful for any person to throw trash or garbage or waste oil into the waters of the Downtown Sanford Marina or its basins. Garbage and trash shall be placed in containers in a designated location at or near the City docks. Toilet and shower facilities on boats. It is prohibited and unlawful for any person to utilize at the Downtown Sanford Marina any toilet or shower facilities on boats which are not equipped in accordance and compliance with Federal or other controlling agency with jurisdiction regulations on waste disposal. Flame -producing equipment. It is prohibited and unlawful for any person to use or store grills or charcoal burners burninq and welding equipment, grilling equipment or any open -flame equipment within the Downtown Sanford Marina including, but not limited to the Marina piers and docks except within the enclosed vessel and at the owner's or occupant's own risk. Grills are not permitted to be stored on the Downtown Sanford Marina piers or docks. 141page Repairing, fitting out, etc., of vessels. Routine maintenance and minor repairs necessary for the preservation and seaworthiness of a vessel maVbeperformed within the Downtown Sanford Marina. Major repairs may not be performed at the Downtown Sanford Marina. Routine maintenance and minor repairs are those which: (1) Do not disturb the public peace and tranquility of any person aboard any boat. (2) Do not contribute to a disorderly or unsightly appearance during the process of repair or maintenance. (3) Are capable of accomplishment with hand tools or certain portable power tools normally carried aboard the vessel. (4) Are confined to the vessel. Refueling vessels. (a). It is prohibited and unlawful to refuel any vessel at other than approved marine service facilities or other approved and permitted sites. For the purposes of this Section, such refueling facilities and sites may be approved and permitted by the City Manager, or designee, using rules and standards promulgated by the dockmaster. (b). It is prohibited and unlawful to refuel any vessel with a fuel having a flashpoint lower than 100 degrees Fahrenheit (37.8 Celsius) from a mobile delivery vehicle or with a person aboard such vessel except such of the vessel's crew as are necessary to perform the refueling operation. 151Page _ _ (c). Tank bar eq s tug boats, and fuel supply boats are prohibited and unlawful within Downtown Sanford Marina. (d) For purposes of this Section, the term mobile fuel delivery vehicle means a wheeled land vehicle used to deliver motor fuel. The vehicle and appurtenant fuel delivery equipment shall be of a type currently approved for such use by the Florida Department of Transportation (FDOT), and shall comply with all regulations of the MOT and the Florida Department of Agriculture and Consumer Services. (e) All mobile delivery vehicles utilizing City -owned marina facilities to deliver motor fuel ("fuel") as defined in Section 207.002, Florida Statutes, as amended, shall comply with the following requirements: (1) Fuel delivery shall be limited to those liquids having flashpoints at or above 100 degrees Fahrenheit (37.8 Celsius). (2) Fuel delivery shall only be made by those individuals or business enterprises possessing a valid City local business tax receipt. (3) All fuels shall be dispensed in the presence of the dockmaster, or designee during hours specified by the dockmaster. The dockmaster maV require fuel delivery operators to notify the dockmaster, or designee, of the intent to utilize the Downtown Sanford Marina or City -owned facilities at least 2 hours before such use. The City shall record the beginning and ending pump reading for each mobile delivery vehicle making a delivery. (4) The individual or enterprise making such deliveries shall pay to the CitV, as a user fee, the greater of 10% of gross sales, or a fee, as established by the City manager, on each gallon dispensed at any approved 161Page location at a City -owned facility. The remittance shall be paid in accordance with procedures established by the dockmaster upon the conclusion of the daily delivery or deliveries, and shall be accounted for utilizing administrative procedures as developed and implemented by the dockmaster and the City's Finance Director. (5) All individuals or business enterprises utilizing mobile delivery vehicles to deliver fuel to vessels pursuant to this Section shall obtain and present to the dockmaster evidence of an insurance policy approved by the City's Director of Risk Management, or designee. The insurance policy shall consist of a contractor's liability policy and a commercial owner's policy endorsed for such refueling, and naming the City as an additional insured. Additionally, such policies shall protect the City from liability for bodily injury, property damage, or environmental damage, including cleanup and restoration costs, resulting from spilla eco or any other incident on City -owned land involving the delivery of fuel by such vehicles. Removal of vessels for cause. The City manager, or designee, may cause the removal of any vessel from City marina property when it is necessary in order to repair the dock, because of a previous reservation, or for any good or reasonable cause; and, should the owner or person in charge of the vessel, refuse to remove such a vessel, the City, through the City Manager or designee, may assess reasonable charges for the cost of having the vessel removed and stored and any and all administrative costs, charges and expenses. 17Page Vacant berths or moorings; re -rental by City. If any noncommercial vessel leaves its assigned space for more than 72 consecutive hours, the City reserves the right to re -rent this space while such space is known to be vacant. The owner vacating such space shall give the dockmaster adequate advance information concerning the vessel's expected return so that prroper arrangements can be made to have the berth or mooring clear upon return. Assignment by licensees; use of berths by others; change in ownership. (a). Assignment of a dockage agreement or sublicense of rental of boats, berths or moorings by licensees at City marinas is prohibited. No berth at a City marina may be sold, assigned or sublicensed by any licensee or otherwise transferred to another person unless approved by the City. (b). Licensees shall not grant free use of their berths or moorings to other vessels during a period when their own vessel may be absent from the berth or mooring, inasmuch as the Citv reserves the right to re -license their berth or mooring during such periods of absence. (c). The owner of a licensee vessel shall advise the City of any change of ownership, or of rental, of a vessel while subject to a CitV dockage agreement not later than 24 hours following such change. Restriction on use of private boat docked in noncommercial area primarily for business purposes. It is not the operating policy of the City to provide dockage at the Downtown Sanford Marina for vessels whose primary function is to conduct business, or to facilitate sales or promotional activities normally carried on in commercial areas. The use of any 181Page private boat berthed at a noncommercial slip or mooring primarily for business purposes is prohibited and unlawful as is the unauthorized use of the address of the Downtown Sanford Marina for business purposes by noncommercial vessels is prohibited and unlawful; provided, however, that licensees or others using the address on the effective date of this Ordinance who are not authorized to do so; shall be allowed a period of 3 months from the effective date to obtain an alternative post office box or other address. Living aboard. The privilege of living aboard vessels is extended to professional captains, vessel owners and bona fide guests only. Dockage and mooring rates. The dockage rates, fees and charges which are assessed relating to the operation of the Downtown Sanford Marina shall be established from time to time by the City Manager financial needs of the City after consultation with the Finance Director. When dockage and mooring fees are due and payable; delinquency in payment. Dockage and mooring fees at the Downtown Sanford Marina are due and payable in advance. Monthly dockage and mooring fees, based on a 30 -day month, are due and Payable in advance on the first day of each month and shall be considered delinquent if not paid on or before the tenth of the month. A licensee who is delinquent for a period of 20 days shall be considered to be in breach of and have defaulted on dockage agreement, and shall have 30 days to pay in full all outstanding dockage and mooring payments and late fees owed to the City. If payment in full is not made after this period, the City shall revoke the dockage agreement and reassign the berth. 19 Page Responsibility for damage to the Downtown Sanford Marina and other City property. Owners or operators of vessels shall be required to reimburse the City for any damage or defacement which they or their vessels may cause to the Downtown Sanford Marina, City piers or any other City property of whatsoever type or nature. Vessel checkout procedure. Licensees checking out of the Downtown Sanford Marina shall report to the dockmaster and pay their accounts in full prior to leaving and no future payment arrangements of any type or nature will be accepted. Checkout time shall be established by the dockmaster. Vessels occupying a berth after checkout time shall be charged dockage for a full day and, if the berth is subject to agreement to use the berth on the date of expiration of a dockage agreement, a double fee shall be charges for each and every day of occupancy. Removal of vessels with delinquent charges prohibited. It shall be unlawful for the owner, operator or person in charge of any vessel to remove such vessel from City property without first making payment of all delinquent charges when such vessel has a delinquency in its dockage account. The owner, operator or person in charge of such vessel shall be responsible for compliance with this section. Lien for unpaid fees and noniudicial sale. The City shall acquire, own and possess a maritime lien against each vessel, their urtenances and contents. in an amount eaual to all unaaid marina and dockina fee late charges, sums due from damages caused to any dock, pier or any other property of the City as well as for the reasonable administrative costs of the City to include copying, 201Page mailing, processing and legal charges, costs and expenses. For undocumented vessels pursuant to Section 328.17, Florida Statutes, as amended, relating to the nonjudicial sale of vessels, in the event of non-payment of storage or any other charges within the prescribed period, the facilityis s authorized to sell the owner's vessel at a nonjudicial sale. Reapplication for dockage after revocation. Any person or principal in a business or corporation listed as licensee for dockage at the Downtown Sanford Marina who has had that dockage agreement revoked by the City, may reapply for dockage after a period of 12 months. Any outstanding dockage Payments, late fees, or other charges owed to the City must be paid in full prior to reapplication for dockage. Section 3. Implementing Administrative Actions. Without limiting in any way the other provisions of this Ordinance, the City Manager, or designee(s), is hereby authorized and directed to implement the provisions of this Ordinance and to take any and all necessary administrative actions to bring into effect the provisions of this Ordinance. Section 4. Savings. The prior actions of the City of Sanford relating to ex parte communications and quasi-judicial hearing procedures, and any and all similar or related matters, procedures or processes, are hereby ratified and affirmed. 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. 21 ]Page Section 6. Conflicts. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed; provided, however, that the legislative intent and findings of Ordinance Number 4621 are ratified and affirmed. Section 7. Codification and City Code Effect; Penalties and Enforcement; Scrivener's Errors. (a). This Ordinance shall be codified and be made a part of the City Code and shall have effect in all matters relative to the application of this Ordinance to include, but not be limited to, the provisions of Section 1-7 of the City Code relating to penalties and enforcement and, to that end, it is prohibited and unlawful to violate any provision of this Ordinance by failure to comply with a duty or to engage in a prohibited activity. (b). The sections, divisions and provisions of this Ordinance may be renumbered or re -lettered as deemed appropriate by the Code codifier. (c). Typographical errors and other matters of a similar nature that do not affect the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected with the endorsement of the City Manager, or designee, without the need for a public hearing. Section 8. Effective Date. This ordinance shall become effective and be enacted immediately upon its passage and adoption. 221Page Passed and adopted this 11th day of December, 2023. Attest: City Commission f the City of Sapford, Flgri)da� 71 ./I Traci Houchin, MMC, FCRM City Clerk t ~'k-AWVVoodruff Mayor For use and reliance of the Salr& City Commission only. , Approve as to form and Y. illiam L. Colbert, City Attorney 231 Page CITY OF ` p �n9f77 WS_ RM X ki�FORD FV7 pG' 6 , FLORIDA Item No. / e g CITY COMMISSION MEMORANDUM 23.231 DECEMBER 1 1, 2023 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Craig M. Radzak, Assistant City Manager SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Revisions to Downtown Sanford Marina Ordinance No. 2023-4759 STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ® Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Adoption of Ordinance No. 2023-4759 relating to the Downtown Sanford Marina (DSM) is being requested. FISCAL/STAFFING STATEMENT: There is no fiscal or staffing impact to the enactment of Ordinance No. 2023-4759. However, the provisions of the Ordinance will serve to provide for better and more administratively sound management of the DSM which should enhance the risk management and fund accountability as to the use of the DSM and, thereby, make the DSM a more profitable enterprise of the City. BACKGROUND: The long-term lease of the DSM with Lake Monroe Harbor Marina expired on May 31, 2022. Since this time, the City has managed and operated the DSM in a competent manner in accordance with sound and generally accepted public management practices and principals all being in the best interest of the public. The City plans to continue in that operational and management vein and engage in such activities such as a clean marina action plan, assessments of environmental measures, the development and implementation of best management practices and an annual self-assessment relative to facility operations and fiscal matters. The proposed DSM Ordinance advances all of those goals. The proposed DSM Ordinance provides for implementation of rules and regulations for mooring procedures, dockage rate payables and due dates, and general operations such as assignment of berths, maintenance of vessels, refueling vessels, consumption of alcoholic beverages and the appropriate uses of DSM facilities. It also creates a Marina Fund for a dedicated and sustainable source of funding for vital capital repair and improvement projects, and as a source of match funding for capital grant opportunities. The limited current provisions of the City Code relating to the DSM are rudimentary and not comprehensive in any respect. LEGAL REVIEW: The City Attorney has prepared Ordinance No. 2023-4759 and has no legal objection approving the Ordinance. The City Commission approved the first reading of Ordinance No. 2023-4759 on November 13, 2023. The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on December 3, 2023. RECOMMENDATION: City staff recommends that the City Commission adopt Ordinance No. 2023-4759. SUGGESTED MOTION: "I move to adopt Ordinance No. 2023-4759." Attachment: Ordinance No. 2023-4759.