3972 ORDINANCE 2006-3972
A CODIFICATION ORDINANCE OF THE CITY OF SANFORD,
FLORIDA PERTAINING TO THE CODIFICATION OF THE SANFORD CITY
CODE/CODE OF ORDINANCES/LAND DEVELOPMENT REGULATIONS
(COLLECTIVELY THE CITY CODE); PROVIDING FOR LEGISLATIVE
FINDINGS AND INTENT; PROVIDING FOR CODIFICATION OF
DOCUMENT PREPARED BY THE MUNICIPAL CODE CORPORATION
AND UNCODIFIED ORDINANCES AS THE ClTYCODE; PROVIDING FOR
ADMINISTRATIVE ACTIONS RELATING TO EDITING OF THE ClTYCODE
AND THE FUTURE REVISION OF THE CITY CODE; PROVIDING FOR
ACTIONS PERTAINING TO AN ONGOING CODIFICATION PROGRAM BY
THE CITY; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR THE
REVISION OF SECTION 1-11 AND THE REPEAL OF SECTION 1-3 OF
THE CITY CODE; PROVIDING FOR PENALTIES AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford engaged the Municipal
Code Corporation (the "MCC") to codify the ordinances enacted by the City Commission
into the Sanford City CodelCode of Ordinances/Land Development Regulations of the City
of Sanford (collectively the ~City Code"); and
WHEREAS, the City Commission desires to develop the C/ty Code into a more user
friendly document that is of greater utility to the citizens of the City, those persons who use
the City Code on a routine basis as well as City officials and City staff; and
WHEREAS, the City Commission desires to take another step in revision of the C/ty
Code by taking the actions as set forth herein; and
WHEREAS, the City Commission recognizes that the work of C/ty 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 of the City of Sanford to take
administratively prudent actions by engaging in a series of implementing steps modifying
and amending the City Code; and
WHEREAS, it is the intent of the City Commission of the City of Sanford to
implement the provisions of Section 2.11 (c) of the City Charter of the City of Sanford; and
WHEREAS, additionally, the City Commission of the City of Sanford may act in
accordance with the provisions of Article VIII, Section 2(b) of the Constitution of the State
of Florida, which provides, in pertinent part, that "[m]unicipalities shall have governmental,
corporate and proprietary powers to enable them to conduct municipal government,
perform municipal functions and render municipal services, and may exercise any power
for municipal purposes except as otherwise provided by law"; and
WHEREAS, additionally, the City Commission of the City of Sanford may act in
accordance with the provisions of Section 166.021 (1), Florida Statutes, which provides, in
pertinent part, that "[als provided in S. 2(b), Art. VIII of the State Constitution,
municipalities shall have the governmental, corporate, and proprietary powers to enable
them to conduct municipal government, perform municipal functions, and render municipal
services, and may exercise any power for municipal purposes, except when expressly
prohibited by law"; and
WHEREAS, additionally, the City Commission of the City of Sanford may act in
accordance with the provisions of Section 166.021 (3), Florida Statutes, which provides, in
pertinent part, that "[t]he Legislature recognizes that pursuant to the grant of power set
forth in S. 2(b), Art. VIII of the State Constitution, the legislative body of each municipality
has the power to enact legislation concerning any subject matter upon which the state
legislature may act" except for certain very limited matters; and
WHEREAS, this Ordinance is enacted under the general home rule, police powers
and land development regulatory powers of the City of Sanford; and
WHEREAS, this Ordinance does not amend or recodify the Comprehensive Plan of
the City of Sanford; and
WHEREAS, the City of Sanford has complied with all requirements and procedures
of Florida law in processing, noticing and advertising this Ordinance.
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.
SECTION 2. CODIFICATION, FURTHER CODIFICATION EFFORTS AND
SAVINGS/REVISION OF SECTION 1-I 1; REPEAL OF SECTION 1-3.
(a) The City Commission of the City of Sanford, Florida, hereby adopts, enacts
and ratifies the provisions set forth in Part I of the Exhibit to this Ordinance (the MCC work
product) all of which shall be codified within the City Code.
(b) The City Commission of the City of Sanford, Florida, hereby adopts, enacts
and ratifies the provisions set forth in Part II of the Exhibit to this Ordinance (the
ordinances of the City not included in the MCC work product) all of which shall be codified
within the City Code.
(c) It is the intention of the City Commission of the City of Sanford, Flodda, 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 and
be codified, but the text of this Ordinance shall not be codified; provided, however, that
the provisions of Subsection (2)(d) of this Ordinance and which shall replace Section 1-11
of the City Code and shall be codified as that Section.
(d) The City Commission hereby directs the City Clerk and the City Attorney, under
the overall supervision of the City Manager, to undertake a recurring and consistent City
Code review and analysis to minimize consultant costs and maximize the usability,
4
currency and accuracy of the City Code on an ongoing basis. Further, the City Clerk, in
conjunction with the City Manager and the City Attorney, is hereby delegated the authority
to make purely editorial and formatting revisions to the City Code such as assignments of
City Code provisions to appropriate parts, articles, sections, etc.; gender changes and
neutralization; changes in format; the deletion of conflicting provisions pursuant to the
provisions of ordinance enactments by the City Commission; deletion of provisions
preempted by actions of the Florida Legislature or other controlling legal authority; and
such other actions as may be necessary and desirable consistent with the overriding
legislative authority of the City Commission with regard to the provisions of the City Code.
Further, the City Clerk, in conjunction with the City Manager and the City Attorney, is
hereby assigned the duty and responsibility to present City Code reviser's ordinances to
the City Commission on a recurring basis to ensure that the City Code is maintained in an
orderly and contemporaneous form, to implement an ongoing codification process, and to
make such reports to the City Commission as may be necessary and desirable. Further, it
is the intent of the City Commission that the City staff shall ensure that all provisions of the
City Code are modified, as needed from time-to-time, to ensure sound and functional
operational effectiveness of the City Code and the maximum possible usability by citizens
of the City and other users of the City Code. Further, the City Clerk, in conjunction with the
City Manager and the City Attorney, is hereby authorized to delete from and insert into the
City Code such editor's notes and comments as may be necessary and desirable. Further,
the City Clerk, in conjunction with the City Manager and the City Attorney, is hereby
authorized to develop the City Code into such volumes as may be necessary and desirable
such as a general code of ordinance, a land development code and a document including
the City's Comprehensive Plan. Further, the City Clerk, in conjunction with the City
Manager and the City Attorney, is hereby authorized and directed to take all appropriate
action to enhance the availability of the City Code electronically such as providing for
availability on the City's Web page.
(e) Section 1-3 of the City Code is hereby repealed.
SECTION 3. SAVINGS. All actions taken by the City under the provisions of the
City Code prior to the effective date of this Ordinance are hereby saved, ratified and
affirmed.
SECTION 4. 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 ,5. CONFLICTS. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 6. PENALTIES/CODE ENFORCEMENT.
The City may enforce
the provisions of the City Code as set forth in the various provisions of the City Code, but,
in any event, may enforce the provisions of the City Code in accordance with the
provisions of applicable State law and the City may pursue any and all available legal
remedies including, but not limited to, assessing, or causing to be assessed, the maximum
penalties allowed by State law.
SECTION 7. EFFECTIVE DATE. That this Ordinance shall become effective
immediately upon passage and adoption.
PASSED and ADOPTED this~day of' '~.~ ,
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AT-TEST:
JANET DOUGHERTY, OITY CLERK
2006.
CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA
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. 3972, PAS~F~O AND
ADO. PTED by the City Commission of the City of Sanford, Florida, on the~~_ ~Z~l day of
..~'J~/~?~,~ ,2006, was posted at,the front door of the City Hall in the City of Sanford,
Florida, on ~e/~--~ day of C~/"~¢~ ,2006.
~ANET R. DOUGHER'f~ ¢
As the City Clerk of the City
of Sanford, Florida
APPROVED AS TO FORM AND LEGALITY:
/s/ William L. Colbert
William L. Colbert, Esquire, City Attorney