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HomeMy WebLinkAbout2019-006 Amending the Fine and Fee Schedule as Authorized by Ordinance No. 2019-016 (Dog Friendly Dining Program) RESOLUTION NO. 2019-006 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AMENDING THE FINE AND FEE SCHEDULE AS AUTHORIZED BY ORDINANCE NO. 2019-016, TO INCLUDE A FINE AND FEE FOR VIOLATIONS OF SECTION 5-20 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE (DOG FRIENDLY RESTAURANTS); PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 1, 2018, the City Commission of the City of Ocoee, Florida (the "City Commission") adopted Ordinance No. 2018-018, amending Chapter 16, relating to violations, to allow for enforcement by a Violations Hearing Special Magistrate; and WHEREAS, on May 1, 2018, the City Commission adopted Resolution No. 2018-010 to include a schedule of fines and fees for violations enforced per Ordinance No. 2018-018; and WHEREAS, on June 4, 2019, the City Commission adopted Ordinance No. 2019-016 to allow dogs in designated outdoor dining areas of public food establishments in accordance with the regulations stated in Section 509.233, Florida Statutes, and Section 5-20, City of Ocoee Land Development Code; and WHEREAS, Section 5-20 of the City of Ocoee Land Development Code, authorizes enforcement of said ordinance, including enforcement pursuant to Chapter 16 of the Code of Ordinances of the City of Ocoee ("City Code"); and WHEREAS, the City Commission intends to amend Resolution No. 2018-010 to provide for a fine and fee schedule for violations of Section 5-20 of the City of Ocoee Land Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION TWO. Exhibit A. The City Commission of the City of Ocoee, Florida, hereby adopts the schedule of fines and fees, as amended, for violations of certain provisions of the code of ordinances as provided in EXHIBIT A, attached hereto and by this reference made a part hereof SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION FOUR. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this qday of June, , 2019. APPROVED: ATTEST CITY OF OCOEE, FLORIDA 14a: ifirii6(__ i 40 Melanie Sibbitt, City Clerk Rusty Johns, , ' ayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON .rin.G y ,2019 UNDER AGENDA ITEM NO. ,y FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,APPROVED AS TO FARM AND LEGALITY THIS 4' DAY OF -rtA4E, ,2019 SHUFFIELD,LOWM• SON By: _Iir ..City EXHIBIT A CITY OF OCOEE ORDINANCE VIOLATION FINE AND FEE SCHEUDLE Ordinance Fine/Fee Chapter 48-Boats and Boating, Article Ill, Bow fishing $100.00 Chapter 61 -Cemeteries First Offense $50.00 Second and Subsequent Offence $100.00 (second and subsequent offense within 12 months of date of last offense) Chapter 75-Nuisance False Alarm Response Fee $100.00 Fourth and Subsequence Offense (fourth and subsequent false alarms within a six-month period, calculated from the date of the first false alarm) Chapter 113-Noise-Loud, Unnecessary or Disturbing First Offense $50.00 Second and Subsequent Offense $100.00 (second and subsequent offense within 12 months of date of last offense) Chapter 124- Parks, Recreation, and Other Community Facilities $50.00 First Offense Second and Subsequent Offense $100.00 (second and subsequent offense within 12 months of date of last offense) Chapter 153-4C-Streets and Sidewalks, prohibitions (human $100.00 signage) Chapter 153-Streets and Sidewalks, Article Ill, Golf Carts on $100.00 Public Streets Chapter 164-Registration, Maintenance, and Security of Abandoned Real Property Registration $200.00 Failure to Register $500.00 Chapter 168-Vehicle and Traffic $40.00 Parking $250.00 No Disabled/Handicap Sticker/Placard Permit Chapter 180, Article V, Section 5-20-Dog Friendly Restaurants No Permit First Offense Written Warning Second Offense Third and Subsequent Offenses $250.00 $500.00 (per offense) After Permit is Acquired - Failure to follow general requirements stated in Section 5-20 (Fines are assessed per offense; an offense is committed for each requirement not met) First Offense Second Offense $50.00 (per offense) Third Offense $100.00 (per offense) Permit Revocation Administrative Fee (including filing fee) $50.00