ORDINANCE 894■
ORDINANCE NO.. 14 -76 -894 _
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING ARTICLE XI (ENVIRONMENTAL
REVIEW BOARD), ARTICLE XII (PLANNING BOARD),
ARTICLE XIII (THE CITY COUNCIL), AND ARTICLE
XIV (ADMINISTRATIVE PROVISIONS') OF SECTION 1
OF ORDINANCE NO 20 -71 -724, HEAETOFORE ADOPTED
AS THE OFFICIAL ZONING ORDINANCE OF THE CITY
OF SOUTH MIAMI, FLORIDA, BY CHANGING CERTAIN
REGULATIONS THEREIN CONTAINED.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF SOUTH MIAMI, FLORIDA;:
Section 1. That Article XI of Section 1 of
Ordinance No. 20 -71 -724, heretofore adopted as the official
Zoning Ordinance of the City of South Miami, Florida, be, and
the sane is hereby amended to read as follows;:
"ARTICLE XI
ENVIRONMENTAL REVIEW BOARD
11 -1 PURPOSE AND OBJECTIVES
It shall be the purpose of the Environmental Review
Board (ERB) to encourage excellence in the quality of
architectural and environmental design, to eliminate
urban ugliness and blight, to prevent aesthetic pollution,
to preserve and protect existing natural amenities and
ecology, and to promote the orderly, harmonious and
attractive development and redevelopment of the community
in order to serve best the public health, safety,
convenience and general welfare and more effectively
implement the objectives of the Comprehensive Master Plan.
11 -2 DUTIES AND AUTHORITY
11 -2 -1 Jurisdiction
It shall be the duty of the Environmental Review Board
to review and make recommendations, upon request of the
City Manager, on all plans and specifications as required
in Section 11 -5 of this article, and submitted in
conjunction with an application for proposed development
or redevelopment within the City of South fliami.
11 -2 -2 Review Responsibilities
The Board shall evaluate the scale, color and texture of
all proposed buildings, signs and other structures of
either a new or altered Mature; the quantity, quality
and arrangement of all proposed lundscdpifig and open space
features; and the overall compatibility of the proposed
development with the existing and desired character 0.4
the neighborhood in which it ig to be located.
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11 -2 -3 Compliance -: Other Codes
Prior to review by the Environmental Review Board,
the City shall ascertain that all final plans and
specifications comply with the general and special
provisions as specified in all applicable codes and
ordinances, including the South. Florida Building
Code and other provisions of this Ordinance.
11 -2 - -4 Authority
Prior to the issuance of a permit for any building,
property, sign or other structure, or for materials
alterations to any building, property, sign or
other structure, plans and specifications as defined
in this Article shall be submitted for the review
and approval of the Environmental Review Board.
11 -3 ORGANIZATION AND PROCEDURES
11 -3 -1 Membership
The Environmental Review Board shall consist of five
(5) members who shall be residents of the City or
have offices in the City of South Miami, who shall be
appointed by the Mayor with the advice and consent of
the Council. The membership shall include not more
than three (3) Architects or Landscape Architects
licensed to practice in Florida.
Terms of members shall be for a period of two (2)
years with not less than one (1) member appointed on
March lst of even numbered years and not less than
two (2) members appointed on March lst of odd
numbered years.
11 -3 -2 Officers
The Environmental Review Board shall elect one of
its members as Chairman, who shall preside at all
meetings, and one as Vice - Chairman, who shall preside
in the absence of the Chairman. A Temporary Chairman.
may elected at any meeting when both Chairman and
Vice - Chairman are absent. Officers shall be elected
for a term of one (1) year and may succeed themselves.
11 -3 -3 Meetings
The Environmental Review Board shall hold two (2')
regular meetings each month. However, a meeting
need not be held if there are no plans or specifications
submitted for review. Meetings of the Environmental.
Review Board shall be public and a permanent record
of all proceedings shall be kept.
Agendas of all meetings shall be posted at City Hall
not less than three (3) working days prior to any
meetings. Three (3) members shall constitute a
quorum and all actions shall require a majority vote
of those present.
11-3-4 Deeisighs
All decisiong of the Environmental review Board shall,
be by resolution and all approved plans and saeciricatienn
shall bear an official city stattp and the signature
o£ the Chairman presiding at the meeting at which such
Plans and sPecifications were approved Any tdnber
who bas a special foirnancial Interest., sir @ft or indtrt -ct,
in any natter# shall rake t14-t- iingteres` k.mnun anti °
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abstain from participation therein in any manner.
Willful violation of this provision shall constitute
malfeasance in office and shall render the action
voidable by the Council.
1.1 -3 -5 Appeals
All decisions of the Environmental Review Board shall
be considered final unless within fifteen (15) days
of said decision an appeal to the City Council shall
be filed with the City Clerk upon a form prescribed
therefor. Plans approved by the Environmental Review
Board for projects which do not essentially affect .
the external appearance of single family residences
shall not be subject to the fifteen (15) day appeal
period. Appeal's may be taken by the applicant,
interested citizens, or the City Administration.
11 -4 ENVIRONMENTAL STANDARDS
The following standards shall be utilized by the
Environmental Review Board in the review of all
plans required by this Ordinance. These standards
shall be considered by the Board as a flexible
framework in their evaluation of design quality.
11 -4 -1 Natural Environment
The proposed development shall be designed in such
a manner as to preserve and protect existing natural
amenities and ecology, wherever feasible.- The
landscape shall be retained in its natural state
insofar as is practical and additional landscaping
shall be added, if needed, to improve the overall
visual quality of the proposed development in relation
to rsurrounding areas.
11 -4 - -2 Buildings and Other Structures
Proposed structures shall be related harmoniously
to the terrain, existing buildings and the surrounding
neighborhood and shall not create, through their
location, scale, style, color or texture, incompatible
visual relationships.
11 -4 -3 Circulation and Parking
With respect to vehicular and pedestrian circulations,
special attention shall be given to the location and
number of access points, general interior circulation,
separation of pedestrian and vehicular traffic and
arrangement of parking areas so that they are safe
and convenient and do not detract from the design of
proposed buildings and neighboring properties.
11 -4 -4 Advertising Features
The size, location, design, color, texture, lighting
and materials of all exterior signs and outdoor
advertising structures or features shall not detract
from the design of proposed buildings and surrounding
properties.
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11 -4 -5 Special Features
Exposed storage areas, machinery installations,
service areas,, utility buildings and structures,
and ,similar accessory areas and structures shall be
subject to such placements, screen plantings or other
screening methods as shall reasonably be required to
prevent their being incongruous with the ,existing or
contemplated environment and surrounding properties.
11 -5 PLANS AND SPECIFICATIONS
There shall be submitted with each application the
following plans, drawings and supporting data.
Preliminary plans may be submitted but final plans
must be submitted prior to decision of the Environmental
Review Board. Required documents shall include the
title of the project, name of developer, name of
planner, architect and /or engineer, north arrow, date,
scale and legal_ description of the property,.
11 -5 -1 Existing Site Characteristics
The following information shall be shown reflecting
the existing features of the subject property:
Property Survey Sanitary and Storm Sewers
Rights -of Way and Easements Water Mains and Utility
Structures and Uses Lines
Photographs of 'Surrounding Zoning Districts
Properties
In addition, existing structures, vegetation and
zoning within fifty (50) feet of the perimeter of
any proposed project, other than those of a detached
single family character, shall be shown.
11 -5 -2 Survey of Existing Trees
Except for projects of detached, single family
character, there shall be submitted with each
application for proposed change development or
redevelopment of any property within the City of
South Miami a tree survey giving the location of
all existing trees with more than a two inch
caliper trunk stating approximate size and specie
of each existing tree, and said tree survey to be
signed and sealed by a certified land surveyor in
the State of Florida.
11 -5 -3 Proposed Site Plan
The following information shall be shown reflecting
the proposed character of the property when fully
developed:
Property Lines Vehicular Use Areas
Rights-of-Way and Easements Outdoor Lighting Systems
Landscaping Fences, Malls and Signs
Structures and Uses Sanitary Storm Sewers
Water Mains and Utility
Lines
11 -5 =4 Proposed Lanscape Plan
The following information shall be shown reflecting
the character of all proposed landscaping;
.01 Proposed trees, shrubs, grass and other vegetation
including their location, height, shape, size and
type of plant by both common and botanical
classifications.
.02 Proposed berms, water courses, and topographic
features inciuding their locatio,t, height, size and
shape.
11 -5 -5 Elevation Drawings
All proposed buildings and signs, fences and walls
shall be shown in elevation drawing reflecting their
location, size, character, color, height and material
of construction.
11 -5 -6 Tabular Summary
As required by the Building Division for the
district."
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Section 2. That Article XII of Section 1 of
Ordinance No. 20 -71 -724, heretofore adopted as the Official
Zoning Ordinance of the City of South Miami, Florida, be
and the same is hereby amended to read as follows:
"ARTICLE XII
PLANNING BOARD
12 -1 PURPOSE AND OBJECTIVES
It shall be the purpose of the Planning Board to
consider the Comprehensive Master Plan as a guide
in the implementation of zoning in order to lessen
congestion in the streets; secure safety from fire,
panic and other dangers; provide adequate light and
air; prevent the overcrowding of land; avoid undue
concentration of populations; and facilitate the
adequate provision of transportation, water,, sewers,
schools, parks and other public improvements.
12 -2 DUTIES AND AUTHORITY
As required by the City Charter, Article II, Section
8.C, there shall be a Planning Board which shall
have the authority to investigate and recommend to
the Council such changes in the boundaries of the
various use districts,, zoning regulations, use of
land and type of construction, locations and use
of all structures on any valid application submitted
to it. In arriving at its recommendations, the
Board shall consider, but not by way of limitation,
the character of the area, the suitability of
particular uses, the conservation of property values
and the direction of building development. In
addition, the Board shall investigate and make
recommendations to the Council on matters affecting
redevelopment, rehabilitation, conservation and
renewal progress toward the alleviation of slur or
blight areas and such other conditions as may
injuriously affect the City.
12 -2 -1 Zoning District Changes
The Planning Board shall review and make recommendations
on applications for the ch-a•jing of zoning district
boundaries. The Planning .Hoard may also initiate
recommendations for the changing of zoning district
boundaries to t:ho City Council.
12 -2 -2 Zoning Ordinance Revisions
The planning Board shall periodically review and
make recommendations relating to the provisions of
this Ordinance, including the district map, and
shall offer redommenclations to the City Council as
to the sufficiency thereof in implementing the
Comprehensive Master Plan of the City:
. 66
12 -2 -3 Home Occupational Permits
The Planning Board shall review and make recommendations
on all initial applications for the issuance of
permits for Home Occupational Licenses:.
12 -2 -4 Variances
The Planning Board shall review and make recommendations
on all applications for a variance from the requirements
for yard setback, lot sizc, building height, fences
and walls, open space or off street parking spaces
and signs. Recommendations for a variance shall be
made only when it is necessary to relieve particular
hardships or extraordinary conditions relating to
a specific property, and when the strict application
of a particular regulation would result in peculiar
and exceptional hardships upon the owner of such
property. Such variance shall comply with the spirit,
intent and purpose of this provision. Variances shall
be granted only for 'reasons of demonstrable and
exceptional hardship as distinguishedfrom, reasons of
convenience, profit or caprice.
12 -2 -5 Nonconforming Uses
The Planning ,Board shall review and make recommendations
relating to the determination of nonconforming uses
as defined in Article IX of these regulations.
12 -2 -6 Special Uses
The Planning Board shall review and make recommendations
on all applications for special uses as permitted in
the district regulations within this Ordinance.
Recommendations for special uses should be made only
after it has been determined that all established
special requirements have been met and that the use
will not create any incompatible relationships with
other uses in the area in which it is to be located.
12 -3 ORGANIZATION AND PROCEDURES
12 -3 -1 Memberhsip
The Planning Board shall consist of seven ('7).
members, who shall be residents of the City of
South Miami. Members shall be appointed by the
Mayor with the advice and consent of the Council. Four
(4) members shall be appointed on March lst of
even numbered years and three (3) members shall be
appointed on March lst of odd numbered years. Terms
shall, be for a period of two (2) years.
12 -3 -2 Officers
The Planning Board shall elect one of its members
as Chairman, who shall preside at all meetings, and
a Vice- Chairman, who shall preside In the absence
of the Chairman. A Temporary Chairman may be elected
at any meeting when both Chairman and trice Chairman
are absent. Officers shall be elected for a term
of one year and nay hot succeed themselves.
12 -3 -3
12 -3 -4
12 -3 -5
12 -3 -6
Meetings
The Planning Board shall hold regular meetings
on the second and fourth Tuesday of each month
at 'City Hall. However, a meeting need not be
held if there are no scheduled agenda items.
Meetings of the Planning Board shall be public
and a permanent record ,shall be kept of all
proceedings.
Five members present shall constitute a quorum for
a meeting and all actions shall require a majority
vote of these present,.
Public Hearings and Notices
As a courtesy to the public a'Public Hearing 'shall
be held on applications for all matters upon which
a recommendation of the Planning Board is required
pursuant to Section 12 -2 of this Ordinance.
Notification of such Public Hearings shall be made
not less than fourteen (14) days prior to any
meeting as follows;
1. City Hall Posting.
2. Notice by mail to
within 500 feet.
3. Posting of notice
Decisions
property owners
of hearing on property.
All recommendations by the Board shall be by
resolution. Any member who has a special financial
interest, direct or indirect, in any matter shall
make that interest known and shall abstain from
participation therein in any manner. Willful
violation of this provision shall constitute mal-
feasance in office and shall render the action
voidable by the Council.
Staff Report Referral
All matters brought before the Planning Board shall
be accompanied by a staff report which shall. include
basic pertinent facts relating to the application
and staff recommendations."
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Section, 3. That Article XIII of Section ] of
Ordinane No_ 20 -71 -724, heretofore adopted as the Official
Zoning Ordinance of the City of South Miami, Florida, be,
and the same is hereby amended to read as follows;
'ARTICLE XITT
THE CITE COUNCIL
13 -1 DUTIES AND AUTHORITY
The Council has the duty to provide for the
health, safety, convenience and °general welfare
of the citizens of the City of South Miami through
the regulations as set forth in this Ordinance.
The Council shall be guided by the recommendations
of the Planning Board and the Environmental
Review Board as-well as the Comprehensive Master
Plan in implementing this responsibility. The
Council has the authority (1) to amend, supplement
or change the provisions of this Ordinance, (2)
to change zoning district boundaries, (3) to grant
variances to the provisions of this Ordinance,
(4) to permit the continuation of non- conforming
uses, (5) to authorize home occupational licenses,
(6) to make final judgment on appeals of administrative
decisions, and (7) to permit special uses.
13-2-1 Hearings
The Council shall hold public hearings when amending
changing or supplementing this Ordinance, changing
zoning district boundaries, granting variances and
permitting the continuation of non - conforming uses.
These actions shall be effectuated by Ordinance.
Council action on special uses, and appeals of
administrative decisions, may be in the form of a
Resolution and shall not require public hearings
unless otherwise required by these regulations.
13 -2 -2 Decisions
Action taken by the Council under this Article
shall be by a majority vote of those members
present, except in the granting of a variance or
a zoning change which would result in a less
restrictive use of the property, or when a properly
written protest is filed, in which case a four - fifth
(4/5) vote of Council shall be required for approval.
Written protests shall be filed with the Building
Division and ;signed by at least twenty, (20q) percent
of the owners of either the properties included in
the application or 'those properties within five
hundred (500) feet of the proposed change. Any
Council; member who has a special financial intdront,
direct or indirect, in any matter shall make that
interest known and shall abstain from participation
therein in any manner. Willful violation of thi.g
Provision shall constitute malfeasance in office
and shall gender the action voidable.
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13 -2 -3 Deferral
The Council may defer action on any application or
other matter before it, for cause, for a reasonable
period of time. The Council may also refer the
matter back to the Planning Board or the Environmental
Review Board for further consideration and recommendation.
13 -2 -4 Reconsideration
When a proposed r-hrnyc in district buandaries has
been acted upon by the Council and denied or failed
to ;pass,, such proposed change, in the same or
substantially similar form, shall not be reconsidered .
by the Council for a period of at least one year
following the date of such action, except when denied
without prejudice, in which case reconsideration is
possible after six (6) months.
13 -3 WITHDRAWAL OF A PETITION
Any application for an amendment, supplement, or
change may be withdrawn by a request in writing
from the applicant at any time before a decision
of the Council, but if withdrawn after advertisement
for a public hearing or posting of the property, the
same or substantially similar application governing
the same property shall not be re- submitted, except at
the request of a majority of the Council, sooner
than six (6) months after the date established for
the prior hearing. Filing fees shall not be refunded
upon any withdrawal.
13 -4 LAPSE OF VARIANCE
A granted variance shall lapse after the expiration
of six (6`) months if no substantial construction or
change of use has taken 'place in accordance with the
plans for which such variance was granted, or if the
Council does not specify some longer period for good
cause shown and the provisions of these regulations
(shall thereafter govern. Extensions of variances
may be granted by the Council upon proper and timely
request.
13 -5 EXHAUSTION OF REMEDIES; COURT REVIEW
No person aggrieved by any resolution, order,
requirement, decision or determination may apply
to the court for relief unless he has first
exhausted the remedies provided for herein and
taken all available steps provided in this Article.
In visa of the lack of a legislatively prescribed
method to apply to a court of competent jurisdiction
to review a decision of the Council when adopted
pursuant to this Article, it is intended and
suggested that such decisions may be reviewed by
the filing of a petition for writ of certiorari in
the Circuit Court of the Eleventh Judicial Circuit
In and for Made County, Florida, in accordance with
the ;procedure and within the time provided by the
Florida Appellate.Ruies for the review.of the rulings
of any cosraiasion or board.
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For such purposes the City Manager shall make
available for public inspection and copying the
record upon which each final decision of the
Council is based. The City Manager and /or City
Clerk may make a reasonable charge commensurate
with the cost in the event the City is able to
and does fur�_ch copies of all or any portion of
the record. Prior to certifying a copy of any record'
or portion thereof, the City Clerk shall make all
necessary corrections in order to ensure that the
copy is a true and correct copy of the record, or
those portions requested, including site plans or
other exhibits.,,
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Section 4.. That Article XIV of Section 1 of
Ordinance No. 20 -71 -724, heretofore adopted as the Official
Zoning Ordinance of the City of South Miami, Florida, be, and
the same is hereby amended to read as follows:
°ARTICLE XIV
ADMINISTRATIVE PROVISIONS
14 -1 PROCEDURES
14 -1 -1 Applications
All requests for zoning changes, variances, special
uses., non- conforming use continuations and home
occupational licenses shall be initiated by the
filing of an application with the Building Division.
Applications shall be executed and sworn, to by the
owners of at least seventy- five (75 %) percent of
the property described in the application; or by the
tenants of seventy -five (75 %) percent of the property
described in the application, together with written
sworn -to consent of the owners :of at least seventy-
five (75 %)' percent of the property described in the
application; or their duly authorized agents;:
which agency shall be evidenced by a written power
of attorney properly sworn to, or by any person
aggrieved by an order, requirement, decision or
determination of an administrative official when
appealing same,. All properties described in one
application must be contiguous and immediately
adjacent to one another or accompanied by a Unity
of Title Agreement. An ,application may also be
initiated by the City Council, Planning Board or
City. administration. The application shall be in
accord with a ;form approved by the City Attorney.
14 -1 -2 Adjacent Property Owners Concurrence
All applications for zoning changes, variances, the
continuation of non - conforming uses and home
occupational licenses shall be accompanied by a
map which reflects all properties and property owners
within a five hundred (500) foot radius of the
subject property. The petitioner shall also obtain
and submit the signatures of at least twenty (20 %)
percent of the above property owners of the City
of South Miami showing their awareness of and
concurrence with the proposed petition..
14 -1 -3 Notice to County and Other Municipalities
When any proposed change of zoning lies within five
hundred (500) feet of the boundary of the County or
another municipality, notice of the proposal with
the date, time and place of the public hearing thereon,
if such hearing has been scheduled, shall be forwarded
to the Planning and Zoning Departments and the
governing body of the County or such municipality in
order to give the County or such municipality an
opportunity to appear at the hearing or express its
opinion on the effect of said change.
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14 -2 PERMITS REQUIRED
14 -2 -1 Building Permit
No building shall be erected, constructed, altered,
moved, converted, extended, or enlarged except in
conformity with the provisions of these regulations
and upon issuance of a Building Permit indicating
what is to be allowed by the Building Division.
14 -2 -2 Prior Issuance
No building permit, lawfully issued prior to the
effective date of these regulations or of any
amendment hereto, and which permit by its own terms
and provisions, is in full force and effect at said
date, shall be invalidated by the passage of these
regulations or any such amendment, but shall remain
a valid and subsisting permit, subject only to its
own terms and provisions and ordinances, rules and
regulations appertaining thereto, and in effect at
the time of the issuance of said permit, provided
that all such permits shall expire not later than
sixty (60) days from the effective date of these
regulations unless actual construction shall have
theretofore begun and continued pursuant to the
terms of said permit.
14 -2 -3 Certificate of Occupancy
No premises shall be used and no buildings hereafter
erected or structurally altered shall be 'used,
occupied or changed in use until a certificate of
occupancy shall have been issued by the Building
Division stating that the ;.building or proposed use
of a building or premises complies with the South
Florida Building Code and the provisions of these
regulations. In the event there is a question as to
the nature or legality of use, the Building Official
may require affidavits and such other information as
he may deem appropriate or necessary to establish
the 'nature and legality of the use before issuance
of a certificate of occupancy. A certificate of
occupancy shall also be required of all lawful non-
conforming uses..
14 -3 FEES REQUIRED
14 -3 -1 Applications and Permits
All persons, firms or corporations applying for
permits under the provisions of 'these regulations,
or a change in the classification of a district or
a portion thereof, necessitating the publication
of notices in newspapers, shall be required to pay
in advance for expenses relative thereto, in accordance
with fee schedules adopted by the Council.
Permits for signs and other fees shall be in
accordance with the schedules adopted by the Council
and maintained in the Building Division. The
payment of such money in advance shall be deemed a
condition precedent to the consideration of such
permit or amendment.
14-3 -2 Cosies ref Records
The Building Division is authori2ed to charge and
C0110CE fees for furnishing copies of plans, permits,
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and other records to the public, provided that
a schedule of the type and amounts of fees to be
charged is first filed with the Building Division
in accordance with the provisions of the Charter.
14 -4 INTERPRETATION, PURPOSE AND CONFLICT
In interpreting and applying the provisions of
these regulations, they shall be held to be the
minimum requirements for the promotion of the
public safety, heali -h, convenience, comfort,
prosperity, or ;generai welfare. It is not intended
by these regulations to interfere with or abrogate
or annul any easements, covenants, or other agreement
between parties; provided, however, that where
these regulations impose a greater restriction upon
the use of buildings or premises or upon the height
of buildings, or requires larger open, spaces or
yards or lot areas than are imposed or required by
other ordinance, rules, regulations, or by easements,
covenants, or agreements, the provisions of these
regulation's shall govern.
14 -5 ENFORCEMENT
14 -5 -1 Responsibility
It shall be the duty of the Building Division to
enforce the provisions of these regulations, and
to refuse to issue any permit for any building or
for the use of any premises, which would violate
any of the provisions of said regulations. It
shall also be the duty of all officers and employes.
of the City and, especially of all members of the
Police Department, to assist the Building Division
by reporting to it any seeming violation in new
construction, reconstruction, or land uses.
14 -5 -2 Authority
For the purpose of inspection, the Building Division and
authorized representatives shall have free access to
materials and work at all times and shall have the
power to stop work pending investigation as to
materials, work, grades, use and other provisions
of these regulations. The Building Official is
authorized where he deems it necessary for enforcement
of these regulations to request the execution of an
agreement for recording.
14 -5 =3 Violations
In 'case any building is erected, constructed, re-
constructed, altered, repaired, or converted, or any
building or land is used in violation of these
regulations, the Building Division is authorized and
directed to institute any appropriate action to put
an end to such violation.,,
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N
Section 5. All ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
GRASSED and ADOPTED this 20th day of July. ,1976.
APPROVED ::
ayor
Attest:
xy
City Clerk
Passed on First Reading: 5/25/76
Passed on Final Reading: 7/20/76
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Moijed hAj Block
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