2017-O-45 ORDINANCE 2017-0-45
AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA,
SUNSETTING/ABOLISHING THE CITIZEN CODE
ENFORCEMENT BOARD AND DELEGATING SUCH DUTIES TO
THE SPECIAL MAGISTRATE; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE
AND ADOPTION.
WHEREAS, the City of Edgewater, Florida City Council established/created a Citizen
Code Enforcement Board to hear matters relating to Chapter 10 (Health, Sanitation, Property
Maintenance and Code Enforcement); and
WHEREAS, on or about September 19, 2017, five (5) out of seven (7) Board members
resigned from the Citizen Code Enforcement Board; and
WHEREAS, during the September 25, 2017 City Council Meeting, Council determined
to sunset/abolish the Citizen Code Enforcement and delegate all duties of said Board to the
Special Magistrate.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. ABOLISHING CODE ENFORCEMENT BOARD
The Citizen Code Enforcement Board is abolished effective upon adoption of this
Ordinance pursuant to section 162.03(1), Florida Statutes. Any matter that would be
heard/considered before the Citizen Code Enforcement Board will now be heard/considered by
the Special Magistrate. Any and all current/existing and future matters for consideration by the
Board shall now be delegated to the Special Magistrate.
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PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding
shall not affect the remaining portions of this ordinance. If this ordinance or any provisions
thereof shall be held to be inapplicable to any person, property, or circumstances by a court
of competent jurisdiction, such holding shall not affect its applicability to any other person,
property,or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the
City of Edgewater, Florida, and the word "ordinance", may be changed to "section",
"article", or other appropriate word, and the sections of this ordinance may be renumbered
or re-lettered to accomplish such intention; provided, however, that Parts B through F shall
not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
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PART F. ADOPTION.
After Motion for approval by Councilman Conroy with Second by Councilman Blazi the
vote on first reading of this Ordinance held on October 2, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary Conroy X
After Motion for approval by JDLcv yi-rn---) -,« z with
Second by 1"-X-1 ---r--) 1(7)C.1- the vote on second
reading/public hearing of this Ordinance held on November 13, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power N
Councilwoman Amy Vogt N
Councilman Dan Blazi
Councilman Gary Conroy
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PASSED AND DULY ADOPTED this 13th day of November, 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By4,/,-./
Robin L. Matusick Mike Ignasiak
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Edgewater. Approved by the City Council of the City of Edgewater,
Florida. Approved as to form and legality by: Florida during the City Council meeting held on
Aaron R. Wolfe. Esquire this 13th day of November, 2017 under Agenda Item
City Attorney #8 / .
Doran.Sims,Wolfe,&Ciocchetti
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